HomeMy WebLinkAbout2002-04-02 P &Z Agenda
enter'l/iLle
.. 't.~itaii{islictl- 1817
PLANNING AND ZONING COMMITTEE/COUNCIL
MEETING AGENDA
TUESDAY, APRIL 2, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEARANCES
1. Corbar Companies (Site Plans, Grading - Royal Industrial Park)
IV. OLD BUSINESS
1. Ordinance #4 - Amendments
V. NEW BUSINESS
I. Ordinance #3-B - Curfew (City ofCenterville's)
a. City of Circle Pines (Anoka County)
b. City of Lexington
c. City of Herman town
d. City of Aitkin
2. Ordinance #63 - Lawn and Gardening Water Use (City ofCenterville's)
a. City of Circle Pines
b. City of Lexington
c. City of Bloomington
d. City of Roy! Lakes
3. Liquor/Tobacco Work Session Update (Scheduled Meeting April 8,2002)
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
I. March 12, 2002 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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~V~0\'(. eti~:'J:!;f~
I ' MEETING AGENDA
. TUESDAY, APRIL 2, 2002
~ . 6:30 p.m.
I. CALL TO ORDER
.
1JJ ~~ 10 ;.uJr.vD
1.
Roll Call
II.
PUBLIC HEARING (S)
III.
APPEARANCES
vi
I.
'~." '~ :
\:~ 0\~'
Ordinance #3-B - Curfew (City ofCenterville's) IV ~ \
a. City of Circle Pines (Anoka County) A' \) ..~'b ::
b. City of Lexington
c. City ofHennantown \(\ J
d. City of Aitkin \J' ~
Ordinance #63 - Lawn and Gardening Water Use (City ofCenterville's) .
a. City of Circle Pines
b. City of Lexington
c. City of Bloomington
d. City ofRoyt Lakes /"
Liquor/Tobacco Work Session Update (Scheduled Meeting April 8, 2002)
Ordinance #4 - Amendments
PJtw..~
IV.
OLD BUSINESS
V.
NEW BUSINESS
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4r O~~?
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2.
/,t'Quf ;A
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V.
VI. DISCUSSION ITEMS
I.
VII. CONSIDERATION OF MINUTES
VIII.
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@6" BOLLARD DETAIL
Al SCALO:: 1/2 '" 1-0"
OWNER
CORBAR
COMPANIES
6331 Pain~ed Turtle Rd.
Uno Lokes, MN 55014-
PhonEl: 612-919-8701
ARCHITECT
LAM'PE~T
ARCHITECTS
13837 NE Lincoln 51.
Hom Loke, MN 55304
Phone: 763-755-1211
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BOLLARD
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< .. ~ ~. "l ONUt.lE~l SIGN WI BLOCK PllA.STERS
(' AND A SAND8l.ASTEO WOOD SIGN
-.--.--.
~24'_0~- ~
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100'-0"
'0<>'
SLoPE)
PROPOSED BUILDING
12,022 S.F. + 1,500 S.F
MEZZANINE + 1,500 SF FuTURE
MELZANJNE '" 15,022 S.F.
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- All Jonls and Penel'\Ilion~ At~ C....lkecl. Goskel~
V(eQIII\!<-.I,jpped,or Olh..,.;.eSeoled
-llIndows~I)o.nkec.r.!if~"">>rel;"9l.0k0l}e
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- Campon,",,1 R-wlun and lJ~VQlu.' />Ie labeled
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- . - - . - - . - V...,... Relordtfs '-relnSlollood l>e< .o.,,:hileclu.d Plons
(('CIOptiotl: IOMS2-7it\(...,pledSI<!14)
" ,." Ie ENVElOP[ COMPONENT BRE,AI(OO~
_" RAINAG &: ------+ Anem/lly
~~~ twihlinq C<f>>j>~ __ '~~er_'_,_~_"'l~~-~U.~ R=-..".lI~, ~~~or
RW": IYonO'O<X1JoistP,,," !12,022 ...1.' ~--- 24.0' 040
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1Kl~/)!l/~~~~-.6{)/pJ-~ ~47!> ~:f__
CIVIL ENGINEER
P lOW E
E:NGINE:tRING
9180 Lr;lxi1'1910n AVr;I. NE
Circle Pines, Minnesota 55014
Phone: 763-78$-1043
10'.10' WOOO
.RAEOSHED
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SClJPPERS,&'
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COMMERCIAL PLAN
BUILDING ENVELOPE:
REVIEW rOR
COMPLIANCE
1>10\0: En~g1ReQU~en'lenls CornpolediJ~COl.IcheCkEZ 2.1 Reltoose 1 C"",m...d<t
E1uik!lng CcmpI....ce Sott__e.ar 1/teIM".,.ootc[n"qyCe<le
A. CENtRAl. INFORMATION
P.ojeollocolion: AI'lO'-o C<:Junl~. llinnosele (O""elo Zone Isl
111OC100gDeqreeOol"': 8157(&se65r"j
Coding Oeqree 00)'S' 561 (Bme 65 r',
8- REOUlRtM(HTS
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: ~2 ...1
15.345...1.;
;.560
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O. RESUlTS
TIleEn~Po_-TheOe"onlo23l!;Bollert~""Code
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TO 6'-0" AI$L(S ONlY
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& ACCESSIBLE PARKING SIGN
Al SCAlE: 1 - 1-0
I JOtiT\ ,-6,1; 10/10
~Nog'I FINISH '\ \ .I :~E() "MRE
,.t1:~_~, -_ \_, ~~~J
CO.IIPACTrDJ '--CRAI>IULAR'lll
SU9GRAOE
NOTE:
1. ANTl-sPALlJNG COMPOUND SI-lALl 8( APPlIEO TO
CONCR(T(SUR.l\crS.
2 fULL D!PTH SEPARATORS ARE NOT PERt,lITTED
EXCEPT AT EXP. JOINTS
~. CONtROl .!aNTS SHAlL Sf: cur Wll'H II JOINTeR
tiAVlNG A RA(lIUS O. 1/4". CONTROl JOItiTS SHALL BE
SPACED AT ~. O_C. (t,l....X.). Sl:E sm: PlAN 'OR ANY
YARlATI{)N.
4. EXP....NSlOtl JOINTS SHALl BE: SPAC(D AT 20' O.C.
(1.lI\X.). JOINT COtlSlSTS Of IIZ. PRf:rORlJED JT fiLleR
(f;) ~~Nl~~ETE
BITUt.lIN()l.JS
PI\V1NG
S(ESOIlSREPOi'lT
SIDEWALK
6.$10/10
:~EO"MRE (loPE 118' PfB..l!
--=-I~i~=i : 0' I i::~~--::-~~-~'-
.~>oo..c ,:--~_~~~';;-
[AR'n-1
CDJ,N~~~~AL
CURB SIDEWALK
CO",MERCIAL PLAN REVIEW
fOR COO E COM P L I A N C E
A. GENERAL INF"QRMATION
P.ojod Norn.: CCI<b'" Comp....iu
P'ojolclloc:olio1l: C...ler....e,ll.mesela
loISilO:1.611""'os 73,149.7,,1
Z<>ningAn.1L....dVIW; Liq!>f/1llhl.1T;a
Gte... Spo~e C<:r.oerog_: 3\.906.7 s.f_/13.149,7 ..1. ~ nt'll!;
B. APPliCABLE COOES;
1 iJOifCfTTl8u4d"9Code
2. Cenl.....lleZen..gOrdir1<lf>Ce
3. .....ne5l:l10Stote6uidin9Cc<le
4. t.linMselaDi5Obil.liesCode
5. .....n""IO P1umb..g Code
6. .....ne...lo [loctr",oI ~ode NEC
~ ~~r=t~..~ntSe C0Il5'll"Iftllicn Cede
9 "'inneSOloTireCodo
10 llinM.ele Ii.V_I\,C_,t;R CO<le
11. iJni!orm Wechon",cl Code
1<r.[J...olorSafelyCode
C. OCCUPANCY GRQlJP
Olr.~e - 3.005 0.1. (uBe >>4) CtOUQ B
lII2Tehw....-12.017s.l. {UBC 311) Croup 5--3
TYPE (Y" COOSTRUCTION
TjPe 1_N - -'II "'<llerOol. Ie be N....-Ccmbu~lible - (UBC 60::1)
Non Sp.in'<i...ed
E. 8UIUllNC AREA, HEIGHT
TOlcl SquCl<ereol: 15.022 s.'-.1 SICl<Y+ Meu<:X1ine
F. ALLOWABLE HEIGHT AND BUILDING AREA
I Mow<lble 1i.K}lll (UBC SO~. SC6, l(lble 5-8) 55'-0. 2 51C1<'"
2 P.cpose-dl1elrjll-22'-8"-IS1Cl<y
3. AlolHlble....oc - tlP" ~-N
12.00l)s.r_'S!!par..liQn{UIlC:.o5)3~desl~-24.QOOS.,
,!,rocO,od<-I5,022s.t,(.!4.0Q0o.f."62.6l1;<laox
1991 E&l;"" (uBC )997)
CuffefltEditioll
1998 E&l;""
1999 EdiUon
19l1S Edil;""
1999 Edilion
1999-2000 E~;lict>
1997 Editi<S1
I99B Cdi!ian
1998 Edilien
1991 Edifior>
1999 Edilion
D.
G. OCCUPANCY SEPARATION (UBe 302.4)
111"".~alion8el_8&S-30c:C\Jp""cies
H. AREA SEPARATION (UBe 504.6.4)
tlolR"""..ed
I. FIRE R(SlSTl\( RATINGS (UaC TA8LE 6-A)
1. Ederior BeCO'ing Walls No Requ~,,",efI1s
2. lnf......Se<JTnqll'al1s ~lIequ.irern...l.
3 (,leti", Ii....-becrinq Wells No ReqJ~em"'ls
. St'uclurol."""e 11<> Requ.ir_l!fIt.
~ P.."""""'I P...lili"". No R,"",~em....ls
oS S"rloI1Cn,"oWtll l~.
7. nOOl" And f1acr CeIO'gl Na ReqJ~em....ls
6 I!ccl.cn<1RooIOri~ He Requ.ir_l!fIt.
9. E.l...i", Ooor. And W'..dcfOS Nol P..-mlUed less Then
~'e~. Ptol<<led Less T~....
10 Teel.
J. GENERAL tiRE PROTECTION &: LIfE SAFETY fOR
HIGH-PflEO CCHBUSTIBlE STOR. (V.F.C. TABlE 81-1\)
1Io1..ialSt...~li~!f>tNol T..E.c....d12'-0.P...Oi....1
K. OCCUPANCY LOAD (uBC TABlE lO-A)
Qc<llpOJltyloo6 To 8e C<llculaled On 1\ Pel' Tenonl Ba~s.
EXITING
1 tlumber QJ E.ils (uBC 10Cl.t_2.3)
47 ( 501 D<:C\JPO"t. '" Z lIeQ<>~e<l, 2 P.o..;ded
2. DI.lo:x.ceTaExils(U8Cl000.5)
le.s fhen 200'-0.
3_ CCO'.idorWidlh(USC\Q(l4.H)
H. 1\1 iX~upcnoy ll>Cld Crt<ll.. Then 49
~. AT,,,,,qemen( 01 E.ita IUBC 1{)Q4.2.4)
Noll_" Th(X'l 1/2 Oio9""'" O_all Buiding Oim..,~icns
E.;1111<t(n(lJeclQOJ.Z.3)
II..., Clear W"l(Ilh 32'P", Occr
6 DOC< W;dl~ (UBe l003_J.1.J)
Ail Exil Deer. ....e llin. 3'-0. in Widl~
7 Dcor Swing (uIlC l003,3.1.~l
Qo<>-ss...;,gc.,l"",ollequi.ed
e. TypeO!l<><:kOrlokh[I,JIlCJOO3.3_La)
Openol:1l..rQ'flmsi6elfl;th..,IIJ..OIAKoy,
llonuenyOp..el~E<lgo- orSu,loce-t,l"""leclllus/l
8cllse"dSurI004l8<:lff'sOl'A.'IyDthe<" 1wc..ID~e
Tholt.l<lyBIILl.edl"C\<:IseorResl."..,lheO_sn<91
Nole.Used
"'. OTHER
I Buldinqlsl\ccessible
2 RC(lIAccest("S8C1J()Q_4~)
/iC'Ship.i<t<:lftr
3 R""lfl<llel'1[...seC1JOO.4500)
Notl.....Thcn9S.r~l1lollr>,!m>..,.iotlO,2' O'
4 D<oIlSlcps{iJ8C708.31
N"IRequ.od
5 R~~5pDce-lnleri",TroshEnctCSUfe{UseCl300HOO)
N. PLuMBING fiXTURES
INCLUOING ACCESSIBLE (UBC APP. OWT 19')
r:~.~:~~l' R~ Pftf
3 lo,",l""es : ! ~ : I ;
4 'Ounloin. ( I
=-. 5eT';C~ 5nIc 1 1
O. PARKING
l. 011<<:,., 3,005,.1. 01/200 d.
2 W""ell<lU$'" 12.017 Sol. 0 1/2000 S.f.
3 TelolSpoccsRllqu.ed
4. T<lt"'''''''''mqf'TOl'i\led
5 Sloll!;;.o
e, 5Iripin~ - 4. 'I\lh,le Sl.ipes
P. PA'ltUENT" DESIGN:
IAJlD<;""~eJ_T.uCk"'<::oleu\'efing""eca
2" Bilumin"". '/feoo COol"e UN. D.O.T. 2331 Typo 41
2.8itum..""s8irld.e-COU....ilfI.D.G.T.ZJJtType31
8" Compccled Closs ~ B<lSl! loiN, O.CU. 3138
2. AlIParking.....as
t 1/2" 9itumin"", 'lleCl< Cdutse l.lH. D.O_t lJJI rll'e 41
1 '12" 1m"",.."". awl... ec..-.e lltl, O.O.T_ 2331 l)pe 31
6. Ccmpecl.d Oa.. 5 Bose lIM. O,O.T. 3138
3. V..-ify Wiltl Exisling Soil Cendilions Ioto II.d;"sl AceCO'di1<1Y
~ 15 SpOC"
- 6Spcce.
-21Spoc:es
-23Sllece,
~ g' . 20' Slolls
,
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LAMPERT
ARCHITECTS
IJ8.3] Nf L;nCOln Stroot:S:
Hem lOke. ~N 5~304 1.1
""....'7$J."50.'2" 'D"7"':U5'.1~~~
",,".""'0"'0""-0"__".'"
ARCHITECT C[RTlFfCAnQN:
lHER!:BYI;[RWYlI;ATllOSP\.,otl.
SP(CIllCAT\O'(~Rf:POR7WAS
>"IlEPAAEDBY\I[~UNOl:R"'YDoR[Ct
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lJlZN1;tO....CHlT{CT\.O'U!I1lI(
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Revo'.ior1s
03.26.0Z crTYSU8lilIHAL
SITE PLAN
AND DETAILS
Sheet Number
A1
Project No. 020220-0
RIP~AP 00 AU.
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GENERAL NOTES
A ROO: CONSTRuCTION ACCESS ROAD StlAlL BE INSTALlED AND /olAtIITAlN([l AT
[N'fRANC(S TO EXISTING HARD SURF ACE fmI.Os. flOC!< ENTRANCE SHAlL B! NO
LESS lH,/t,)l !)O' IN LEN()"fl-l -'NO AS 'MD[ AS NECESSARY FOR TRAffIC. IJSE 1~
10 2" itti\SH(D flOCK
NOTE: CONTRACTOR SHAlL FIELD \'ERin LOCATION AND ELEVATION
OF EXISTING SAt-l1l" AR'i SEWER AND WI>. TERkAA1N AND N01\F't
ENGINEER OF ANY DISCREPANCIES PRIOR TO START OF
INSTAlLA liONS.
NOTE: SPOT ElEVA lIONS SHOlM-J ARE BITUMINOUS SURFACE OR GuTTER UNE
UNLESS OTHERWISE NOTED,
LEGEND:
1) _ Dmotes Direction of Surface DrO;I\(Ige
2)_Ooe.~te5 PropC>'a%d COl\tw.
3) - -Denotes Exlsling C()('Jtovr
4~Ofllot~ Silt fence
5) X 909.2 Denohts Proposed Spot [It'votion
---
EROSION CONTROl NOTES
PlOI(IR TO FlOJC>t CP.oDHG. I"STALl 'i(.1 SlOP fVfCE
""lOC....TIOlo<;;StlO'lIl<. AllOIllOlAlSLT'51OPrtItCES
.Ll8EIi'ECllJIII'[P~ll'ElOC""COIflIl'lC:WiIl(OUfll
2ff(1)CH(JIAOlNCSt1.oa.l~()llo"""~lJ'I'lIII['"
B,o..S1S TQ _~ZE UHC-=-..Ul:O _~s.
JPRO\II(lCH"'Tl\{TOP'lOlI.o;lro,I.I<<:>,,",-_Ct<~.'fl'1'"
'SlJ;rAl(J{l 'itTD!'!it ft All OlSlUlSED AA(AS .,_'~ O,l1'S
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I...... A. L.JoIO LAKES, ~ 55014
RN..A.
LEGEND:
1) - -Oenote3 E:~istin9 COf'tou.
2) - :> - OerIoles Exlstio1'il Sonltory Se,",,"
3) - I - Denotes (xlstl,";;! wotermoln
4) -,.,.- Denote' [xistinq Storm
5) -._ Denot", Proposed Sooitory ~
6) _1_ DentI,", Proposed WDlermoin
7) ___ Oerloles Proposed Storm
~.-
C.W.P
H.N.'.
H.N.A.
CORSAR BUILDING
PAEUMlNARY UTILITY PLAN
CENTERVILLE, MINNESOTA
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ReC. NO. '8227
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EXISTlNC unlltlES
1) The iofOfmotior> sl'lOMl on tne!le dr.:rwio'Js C~f""mq, t'JPe arI(\
locotiorl of eK~in9 vt~ities ill no! gUOl"OfII~ to be accurate
Of 011 IfI(:/v9lve, TM contractor is rMpOn!illble fO( making hkl ~
dlrtel'"mlOOtioo on to tM t)Pl!! and locClHOO'l of utijitif's as may
be "e<<'!I!IOl"Y to 0'o'Qid domoge to the!!le u1ijitie9.
2) The- corotfoc\or ;,al! be re!l(lon~ for eKI$l"mg utility locotions.
Coil Gopher Stohl One 01 454-0002 fQr Icx:otions.
SANITARY SEWER
1) Soroitory Sewer sholl be 6" PVC $OR 35 v...fes othfl'f'*lge ...oled.
WA1rRWAlN
1) Watermoi... !!hall be 6- Pvt.
STREETS
t) Sow cv\ eKllltiog Concrete Curb ond Bltumioous to prO\'lde
butt joint.
2) RemoY(ll Ot'ld dispoSal of e.lsU..g street materials os required
for comrtructiQrt is incidentol.
NOTE: Controetor SlGlI ro.otlfy City Engn- (I minimum ()f :?4 hours
prloo- to (\flY lnterruptlOl'l or sonl1ary """" or wo1el'" seNlc:e
to e..i,tinq Ilomn.
NOTE: CONTRACTOR SH.AU. FI(LD ~~ LOCA TlON AND (LEVA liON
Of ExISTING 5,ANlTARY sr':R AND WATrRWAIN AND NOTIfY
ENGINEER Of ANY Dr~P1-NOfS PRIOR TO STAffT Of
INST.AUATICJIlS.
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Pl'EPAIED FCIt
coreAR c(u>A/IES
CI33I PANTED 1Um..E ROAD
l..JrK) LAKE8, MN 55014
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& 'lIEST SlOE eN'" BUILDING
P\.ANTINC SCHEQULE
'" '" COr.IIlG'lNA.WE BOT,,"IC.\lNAAI( on "n< REMARKS
, ,'s El..AQ\"IlIl.LSSPRUa: P1CE,I,GtAUCAOE:HSATA ,. "
, ,.. HalTHWOOOSllAP\,E .I.CER,'NORTHWOC::OS' 2.S' "
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" "~ QWAAFKORENlULAC S'\'RltIGAP.+.uIllNlAH.I. "'"
, " lJJRNINGBlI9i,COUPACT EU()IYNUSALA1US'COUPACTA' CONT.
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'" ~ ANDORRAJ..flPER .AJ~PE~SHCRl2CtHALIS'Pl..UIoIOSA' "'"
'" " SCAHllIAJUNlPER -Uf1PE~SH(JlI2ONTALIS'SCANllIA' "'"
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CONTRACTOR CONTR"-CTOP TO I'RQ\j\DE I"nOIOM(lRICS
If" NECESSARY AT CITY'S REOUEST
___-MAINTAIN TREES NATURAl.
FORM BY PRUNING
9RANGHESFLU$HWlTH8ARK
PRUNE FOLIAc.E ONE THIRD
DO NOT CUT LEADERS
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ReviSions
OJ.2a.02 C1TYSUBIoIITTAL
LANDSCAPE &
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Sheet Number
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'" wot.IEN'S RESTROOM .,"'- .'" PT/GYP Pi/GYP PT/GYP Pi/GYP "". 8'-6" 4'-0" HIGH C.T. WAINSCOT
'" MEN'SRESTROCIM .,"'- .", PTGYP Pi/GYP Pi/GYP Pi GYP "" 8'-6" 4'-0" HIGH C.i. WAINSCOT
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'" WAREHOUSE SLD. CONC. NONE PT/BLK PT/BLK PT/GYP PT/GYP OPEN "'IE
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DOOR & FRAME SCHEDULE
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100A 3'-0.7'-0" , , " , " INSULATING GLASS
100B ,- a"x7' ,. , , " , " INSULATINOGLASS
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'OJ 3"-0'x7'-0" , , " , "
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110A 3'-0"x7'-0' , , " , " INSULATED
110B ". a.xu' o' , ,,' , n. INSULATED
110C ". 0"xI4' ,. , ,,- , n. INSULATED
1100 3'-0"x7'-0" , ". , " INSULATED
110E 3'-0'x1'-0. , , " , " I HOUR
lllA 3'-0'x7'-0" , , " , " INSULATING GlASS
11\8 3'-0"x7'-0" , , ,. , " INSULATED
l11C 12'-0".14'-0' , ,,' , INSULATED
1110 12'-a.xI4'~0" , , " , n. INSULATED
!lIE ,. 0".7' " , H. e " INSULATED
~
1. ALL OCCUPANTS LISTED ARE FOR
EXITINGPERUBCTABLE10-A
2. ALL EXTERIOR OFFICE AREA WALLS TO BE
FuRRED W/"r FURRING CHANNELS. I"
RIGID INSULATION &< 5/8" GYP. BOARD.
3. ALL INT. PARTITIONS TO BE :3 5/8' STEEL
STUDS W/ 5/8" G\'F'SUIIi BOARD EACH SIDE.
UNLESS NOTED OTHERWISE.
FuTURE STAIR
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FUTURE STORAGE
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SHIPS LADDER
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2 MEZZANINE PLAN
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ARCHITECTS
13837 NE Lincoln Street :s:
Hom Lok~, iii" 55304 ...
Ph.no,76'.7"."" r.,,70l.7~7.2""
l.mp."OI."'po,,-.,ch.c.~
ARCHITECT CERTI,ICATION:
I HERtey ce:~TlFY 11-<'" 'MIS .........
sp[anc..n~ OfIfOEPOfITW..S
PREPAAEO e~ lIE: OR U~ll(~ llY OI~ECT
SlJP(R,"Sl~""OlH"T'''''AOUlY
Ua:~5EO .lIl(;HllECl U"IO[~ THE
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Revisions
03.28.02 CITYSUBt.lITTAL
flOOR PLAN
MEZZANINE
& DETAILS
Sheet Number
A2
Project No. 020220-2
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A4 SCALf: 1/6 .. 1-0
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TOP or FOOTING ~
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@ WEST ELEVATION
A4 SCA~: 1/8 - 1-0
$ ToP OF tolASONRY
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A4 SCALE, 1/8 - 1-0
8
LAMPERT
ARCHITECTS
13837 NE Uncoln Slr....l '!!!!!!'
Ham Lake, IdN 5530<1 ...
Ph.n",7Gl,15~, TZl' fo,,7Gl.757.,!U~
IQmp,"O'o"",p..,-O,,,h.<om
ARCHITECT CERTIFICATION:
'H(F>E:BvIXRllrVlHATTHlS....AN.
YE:OflC...ll(lN (w:t REPORT W10S
PREPAllE:OBVW(CRU"[)ERWVOIF>E:CT
SlJP(R...S1Cl-lN<OlHAT..........OUlV
UIXotSEDAACHITECTUt(lERlH(
LAWS{:#'TH(STATEOF""""",,SOT"-
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03.28.02 ClTYSUBtollTTAL
ElEVATIONS
Sheet Number
A4
Projed No. 020220-2
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7'-4"
7'-4"
NOl{:
27" _ WALlt.lO\JNTEcmLET
31" D F"tOOR MOONTtO TOILET
GD ENLARGED RESTROOM PLAN
A3 SCALE; 3/8 " 1_0
LAVATORIES SHALL HAVE A QrAR ACCESS 'MOTH OF NOT LESS
TI-lIoNJO",ClEARH[IGHTQrNQTLESSTH"'N29"TQTHEBOTTQI,l
OF THE FlXTURE APRON, CLEAR HEIGHT OF NOT IIIOR( 34" 70 THE
RIM or THE fixTURE. AND A CLEAR DEPTH or NOl" lESS THAN 12-
l.JNi)(R r,.,E fiXTURE EXCLUSIVE OF aoM. AND WASTE PIPE. ALL
EXPOSED PIPES ARE TO BE COvERED WITH AN INSULA TED PROTECTIvE
J.lATERIA\. THE WATER CONTflOL VALVES 5<1ALL HAVE LEVER HANDLES
RESTROOM ACCESSORIES NOlt:
MIRRORS SI1ALL BE MOutHED SO THAT THE eOHOM 1$ fIIO HIGHER 1)-(....r-I 4Q"
ABOVE: THE FLOOR. flLL WALL-MQlJNTEO DISPENSERS. WASTE DISPOSAL
CONTAINERS, OR SIUlLAR ACC(SS<RI[S SHALL &€ MOUNTED SO THAT
WORKING HEIGJ-lT IS NO HIGJ-lER THAN 40" ...eOVE THE fLOOR, AND
$HALL Sf. fREE Of INTERFERENCE BY GRAB BARS OR OTHER ACCESSORIES
OR FIXTURES. GRAB BARS SHALL SUPPORT A WEIGHT Of 250lBS. OR GREATEFl
t'4."--t
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42" I
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19" M4X.
lAV4TOf!YClEAIlANCES
8ACK WAtL
GRAB BARS AT ACCESSI8LE WATER a.OSE:TS
2 RESTROOM DETAILS & NOTES
AJ SCALE: J 8 .. 1-0
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'0 SEALED & VAIlNI$HEO
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O\IERHEAO DOOR
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DOOR TYPES
4.2\ SHOWER STALLS
4.21.1 GENERAl..
ACCESSIBLE SHOWER STAllS
SHALL cOMPLY WITH 4.21.
4.21.2 SIZE AND ClEARANCES
EXCEPT AS SPEClflED IN 9.1.2,
SHOW(R STALL SIZE ANO CLEAR
FLOOR SPACE SHALlCOt.lPLY
~lHDETAA.S
4.21.4 GRAB BARS
GRAB eARS COAIPlYlNG l\ITH
4.26 SHALL BE PROVIDED AS
SHOIIN INOHAII..S
4.21.5 CONTROLS
rAUCEiS AND OlHEI<' CCf'lIROlS
CQI.lPLYlNGWlTH 4.27.4 SHALL B(
LOCATED AS SHO'M'llN DETAILS
IN SHOWER STAlLS 36" ~ 36"
AlL CCNTRct.S, FAl.JCns. AND
THE SHOM:R UNIT SHALL BE
MOUNTED {y.j THE SIDE WAlL
OPPOSITE THE SEAT
4.21.6 $HOll(R UNIT
A SHOWER SPRAY UNIT WITH
A HOSE AT LfAST 60. LONG
THAT CAN BE USED BOTH AS
A F))[[O S>lOW[R HEAD AND
AS A HAND-He:LD SHOYER
SYALL BE PROVlDED
EXCEPTION
IN UNl.I(lHITORED FACILITIES
WHERtVANDALIS/IlISA
CONSIDERATION, A FIxt:D S/-IO'oER
HEAD I.IOVNTEO AT 48" ABOvE
THE SHOWER FLOOF!t.4AYB(USED
INlIEuorAHANO-HELD
SHOWER HEAD
4,21,7 CURBS
W PROVlDEO, CURBS IN SHO\\€R
STALLS 36" ~ 36" SHALL BE NO
HIGHER THAN 1/2-. StiO\\€R
STALLS THAT ARE JO' ~ 60'
MINIMUM $HALL NOT HA\IE CURBS
4.21.8 $HOI'IER ENCLOSURES
IF PROVlOtQ ENCLOSURES FOR
SHOWER STALLS SHALL NOT
OBSTRUCT CONTRQS OR
OBSTRUCT I'R"AASf"ER n~~
'M'lEELCHAIRS ONTO
SHO'flER sr.us
+ :~;]
:n ~
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1 1/2"
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THE SEAT SHALL BE MOUNTED
n" TO 19. FROt.l Tt-IE SHOWER
FLOOR AND SHALL EXTEND THe:
fULL DEPTH OF 1H( STAll, !T SHAll
BE A FOlDINC TYPE AND SHALL tIE
MOUNTEO ON TH( WAll AOJAC(NT
TO THE CONTROlS AS SHOWN
GRAB BARS SHALL BE: MOUNTED
33- TO J6- FROIol THe: SHO\\€R
FLOOR AND SHAll EXTEND THE
fULL LENGTH OF THE STALL ON
THE: CONTROl.. WALL AS SNOIIN
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CLEAR
"-OOR
SPACE
36'~.6-
3 SHOWER PLAN DETAILS
A3 SCALE: J 6 ~ 1-0
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GYPSUM80ARD
EACH SlOE
.l!t.lTHICK/liESS
BATT I!>lSULATlON
(1'P1'l00)
(f;) 1 HOUR DEMISING WALL
A3 SCALE: 1 1/2 ~ 1-0
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FRAME TYPES
"""-
ALL GLAZING TDCOlo,4PLY W1THUBC 2406
& NOTES
J'-,,-
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J'-O"
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MHOLlOWMETAL,
1(22 COATS Of PAINT
H\HGl.LOWMETAL,
U2 COATS OF PAINT
f7"-19
EOUIPMENT
PERt,lITTED
\NSHADEO
""
[ROOF SCUTTLE,CURB AND COUNTER
FLASHING; 8Y SCUTTlE SuF>PLIE:R
_8
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A.RCHITECTS
C\2~10.6 ST\..
>- CH.ANNEl ST:RJNGERS
~
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Horn La".., MN 5530<1 ...
."on",76~.7~'.ll1 1 'o,,7~1.7~7,Z8'9
'omp'''_,"p.''-~,.h.<orn
2'-0" lONG TREADS 6"
WIDE DEfORMED CflECKER
S Pl.ATE W/ 1-1/2" LIP.
.
K \lERIf'Y LOCA -nON WITH OWNER
ARCI1ITfCT CERnF"lCATlON'
'HER(BTC(RorTlHA11H1SPlNl,
$I'U:If"IUoTl(wM"'PflRll11<S
I'REPAAEO liT IlE OR UNDER IlY OIl~ECT
SlIP!:RIlSlCf!Mo!lJllATIAIlAou.V
UC(NSEOAACHI1t.CTUI;(lE:RJIlE
LAWSlT t'.1E STATE IT Iltll;ESOTA
~
.
or NOTE; ENilRE STAIR ASSEMBlED
:: 0 SHOP AS rAIl AS POSSI9LE
S;CNOTlJO<(
tEC>>'lNm L--WPERT
"R1N1 ~,~,
~~_.-
3"':;""1/"" CUP ANClts - ---.
ATTACH TO CONC. SLAB W/
1/2" EXPAN. 30lTS AND VofLD
TO STRINGERS (SAl.lEAT TQP)
'--~-
~._--
nN fLOOR ELEV. = 100'-0.
(];) ;C~~r~/2L~~~~"R DETAIL
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HIGH rOUNT~N
LOW.OUNTAIN
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0..0
U
3O.~48"
CLEAR
fLOOR
sPACE
SPOUT HEIGHT AND KNEE CL(ARANCE:
FOUNTAIN OF! COOLER
6 DRINKING FOUNTAIN DETAILS & NOTES
A3 SCALE: 3/8 _ l_Q
DrownBy.JRt,l
CI1..c~t:<:I 8y. LL, LML
R,,-.;sions
OJ,28.02 ory SUBMITTAL
, ,P:tf,.
H[]
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~trDLl
4+
DETAilS
@ANOOIZEDAlUMlNUM
," INSULATING GLASS
02'-8" AF.F
@ANODIZED ALUUINUM
1"INSUlAT1"'GGLASS
012'-13" A.f.F.
Sheet Number
WINDOW TYPES
"""-
ALL GlAllNG TO COlo,4PLY WITH UBC 2406
A3
Project No. 020220-2
,^
,
t
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
. TABLE OF CONTENTS
PAGE
Division 10: General Provisions ....,............................................................................. 1
Section 010-010: Title .............................,........,................................................ 1
Section 010-020: Purpose ................................................................................. 1
Section 010-030: Jurisdiction ........................................................................... 1
Section 010-040: Application............................................................................ 2
Section 010-050: Severability ...........................................................................2
Section 010-060: Repeal................................................................................... 2
Division 15: Definitions.........................................................................................2 - 14
Section 015-010: Specific purposes .................................................................. 2
Section 015-020: Definitions........... .............. ...................... .............................. 2
Abandonment ....".. .... ............ .............. ............. ...... .... ........... .................. 2
Abutting ....................... .................................... .................... ............... .... 2
Accessory Building ......... "'''''''''''''''''''''''''' ........ ............ '"'''''' .......... ...... 2
Accessory Use .........................................................................................2
Agriculture .. ................... ........ ............................ ..... ......................... ....... 2
Alley... .......... .............. .......... .................... ........ ..................... '" .... ........... 2
Alteration................................................................................................. 2
Alteration, Structural ............................................................................... 3
Antenna ........... ...... ........................................... ....................................... 3
Apartment..................... ...... .......... ... .................. ...................................... 3
Apartment, Accessory................................................. ...... ...... ........... ...... 3
Area Identification Sign ........................................................................... 3
Basement ....... ...... ............ ............... ........ ............... ............................ ...... 3
Block ............................................... ................. .................................... ... 3
Board.. ................... .... ...................... .......... ...... ... ............... .... '" ............ ... 3
Boathouse...... ........................ ............... ................... ........... ...... .......... ..... 3
Building. .......... ............. ..... ..... ... ..... ........ ...... .... ..... ......... ..... .... ... ........ ..... 3
Buildable Area.................................. ................ ....................................... 3
Building Coverage ...................................................................................3
Building Height ....................................................................................... 3
Building Line ..... ....................... ........... ...................... ......... ....... .............. 3
Building, Principal................................................................................... 3
Business Area ..................... ... .......... ........... ............................................. 4
City Council or Council........................................................................... 4
Clear Cutting ........................................................................................... 4
Clinic....................................................................................................... 4
Club.........................................................................................................4
1
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVll.,LE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Cluster Housing .......................................................................................4
Commercial Use ......................................................................................4
Commission.. ... .... ....... ... ............. ...... ........... ......... ..... ..................... ... ... .., 4
Commissioner... ........ ....... ........ ............... .... ... ...... .................... ........ ........ 4
Comprehensive Plan ............. ............. .... .................................................. 4
Conditional Use Permit............................................................................ 4
Contractor's Yard .................................................................................... 4
Coverage ......... .... ... .... ... ........ ... .... ............. ...... ..... ....... ..... .... ................... 4
Cul-de-sac ............................................................................................... 5
Day Care Facilities .................................................................................. 5
Deck ........................... ............... ............ ..... ..... .... .................................... 5
Density. .... ........ .... ........... ............... ....... ....... ... ............. ...... ..... ...... ....... .., 5
Development .................. ..... .......... ....... ..................... .............................. 5
District..................................................................................................... 5
District Zoning........................ ...... ..................... ......... ......... .................... 5
Drive-In Establishment ............................................................................ 5
Dwelling .......... .... ....... .......... ............... ........ .... ........... .... ...... ................ '" 5
Dwelling, Single-Family, Attached (group, row, and townhouses) ........... 5
Dwelling, Single-Family, Detached ......................................................... 5
Dwelling, Two-Family.. ........ ......................... ...... ...................... .............. 5
Dwelling, Multiple ................ ............. ....... .... .................... ....................... 5
Dwelling, Seasonal. ........................................ ... ............ ....... ................... 5
Dwelling Unit .......................................................................................... 5
Easement........... .................... ....... .......... .............. ......... .......... ............. 5-6
Essential Services .............. ......... ..................... ....................... ..... ............ 6
Family...... ...................... ........ ........... .......... ............... ............................. 6
Fayade ......................:..... ............................... ................ ............ .............. 6
Fence ... ............. .......... ................ ......... ............ .... ..................... ............... 6
Flood Plain .............................................................................................. 6
Floodway..... ... ... ............ ......................... ...... ..... ............ ....... ................... 6
Floodway Fringe .................. ......... ........................ ......... ....... ....... ....:.. ..... 6
Floor Area ...............................................................................................6
Floor Area Ratio ......................................................................................6
Freestanding Sign ....................................................................................6
Frontage... ........................ ....... ........ ....... ..................................... ....... ..... 6
Garage, Private ........................................................................................6
Glare... ............. ..... ...... ........... ....... ... ...... ........... ..... ........... ............. ...... .... 6
Grade ... ... ................ ................................................... ......................... ..... 7
Height of Building ................................................................................... 7
11
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Home Occupation ............. .... .................... ........ ............ ...... ......... ........ .... 7
Hotel...... ........... ... ............ ..... ....................... .... .................. ............. ......... 7
Impervious Surfuce. .............. ............. ................ ........................... ........... 7
Industrial Park ......................................................................................... 7
Intensive Vegetation Clearing .................................................................. 7
Junk Yard ................................................................................................7
Light Manufacturing ........................ ..... ........ ..... .......... ....... ................ ..... 7
Lot.... .... ....... '" .... .......... .......... .... ..... ......... .... ....... ......... ...... ..... .... ...... ... 7-8
Lot Area ......................... ........................ ... ........................ ...................... 7
Lot, Comer .............................................................................................. 7
Lot Coverage ........................ ................................................................... 7
Lot Depth ................................................................................................ 8
Lot, Interior ............................................................................................. 8
Lot Line, Front......................................................................................... 8
Lot Line, Rear.......................................................................................... 8
Lot Line, Side ..........................................................................................8
Lot, Minimum Area Of............................................................................ 8
Lot of Record..... ................ ....... .............. ........ ...................................... 8-9
Lot, Substandard .......................... ............ ....... ............ .............. ..... .......... 9
Lot, Through........ ........ ..................... .......... ......... .................................... 9
Lot, Width.. ........ ............. ...... .................. ................................ ................ 9
Manufactured Housing............ ...... ................... ................... ........... ...... .... 9
Mineral Extraction ................ ........... ....................... ............. ........... ......... 9
Motor Vehicle.... ..............:..... .......... ....... ..... ...................... ....... ............... 9
Motor Fuel Station............ ............. ......... ........ ........................ ......... ........ 9
Non-Conforming Structure or Use ...........................................................9
Nursing Home or Rest Home ................................................................... 9
Open Space......... ......................... .......................... ............... ................... 9
Ordinary High Water Line (OHWL) ...................................................... 10
Performance Standard ........ ...... ................................................. ............. 10
Planned Unit Development (PUD)......................................................... 10
Planning and Zoning Commission ......................................................... 10
Plat ............. .............................. ....................... ................... ...... .............. 10
Portable Sign ......................................................................................... 10
Principal Use or Principal Structure ....................................................... 10
Private Property ..................................................................................... 10
Public Hearing ....................................................................................... 10
Public Property ...................................................................................... 10
Recreational Use.. .:............... ......... ................. ....................................... 10
iii
Division 20:
A.
B.
C.
D.
E.
F.
G.
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Recreational Vehicles ............................................................................ 10
Residential Facility ................................................................................ 11
Right of Way ......................................................................................... 11
Semipublic Use...................................................................................... 11
Setback ......... ................................................... ................. .... ................. 11
Sewer System ........................................................................................ 11
Shore Impact Zone..........................................................;...................... 11
Sign.......................................................................................................11
S. nifi H' . S'
Ig cant !Stonc Ite ......................................................................... 11
Story ........... .......... ................ ...................... ........ ............ ....................... 11
Story-Half...... ...... ....................................... ......... ......... .......... ......... ...... 11
Steep Slope ............................................................................................ 11
Street Access ......................................................................................... 12
Structure ....... ....... .................. .............................. ............................. 11-12
Structural Alteration .............................................................................. 12
Subdivision...................... ................. ................. .................... ................ 12
Supply yard.......... ........... ................. .............. ...... .............. ....... ............ 12
Townhouse " ........ .... ........................................ ...... ........ ........................ 12
Travel Trailers ....................................................................................... 12
Use, Permitted ....................................................................................... 12
Usable Open Space ................................................................................ 13
Variance ........ ............................................. ....................... .................... 13
Vehicle .......... ............... .......... ....... ............. ..................... ............ .......... 13
Vehicle, Abandoned........................ .................... ......... ...... .................... 13
Water-Oriented Accessory Structure of Facility ..................................... 13
Yard .... ............ ...................... .......... ............... ........... .............. .............. 13
Yard, Front ............................................................................................ 14
Yard, Rear ............................................................................................. 14
Yard, Side.............................. .............................. ......... ........... .............. 14
Zoning District...... ........................ ...... .................. ................... .............. 14
Scope and Interpretation.................................................................. 14-16
Scope.. ............... ................ ........... ................ ........................ ............ 14-15
Relationship to Comprehensive Plan...................................................... 15
Minimum Requirements ........................................................................ 15
Use Not Identified.................................................................................. 15
Deadline for Actions .............................................................................. 15
Other Ordinances ........................................ ........................................... 15
Adopting the Minnesota Building Code ................................................. 16
iv
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 25: Lot Provisions ........................................................................................ 16
Lots of Record......... .. ..... ... ........... .... ................... ... ........ ........... .... ........ ............ 16
Division 30: Non-Conforming Uses and Structnres............................................. 16-17
Division 35: Home Occupations ........................................................................... 17-18
Division 40: Single-Family Dwelling Requirements .................................................18
Division 45: Temporary Dwellings and Structures................................................... 18
Division SO: Driveway and Parking Lot Improvements ........................................... 18
Division 55: Public Utilities Required ....................................................................... 18
Division 60: Relocated Buildings or Structures ........................................................ 19
Division 65: Accessory Structures and Uses ........................................................ 19-20
Division 70: Site Plan Review Required ............................................................... 20-21
Section 070-010: Submittal Requirements ............................................... 20-21
Section 070-020: Review Requirement ..........................................................21
Section 070-030: Exceptions........................................................................... 21
Division 75: Final Grading and Landscaping........................................................... 21
Division 80: Zoning Districts/Use Regulations..................................................... 21-36
Section 080-010: Zoning Map ........................................................................21
Section 080-020: Interpretation of the Zoning Map................................. 21-22
Section 080-030: Establishment of Districts .................................................. 22
Section 080-040: Rural Residential........................................................... 22-23
Section 080-050: High Density, Single-Family, Residential (R-2A)......... 23-24
Section 080-060: Single-Family, Residential (R-2) ........................................ 24
Section 080-070: Single-Family, Manufactured Housing (R-4) ............... 24-25
Section 080-080: Single-Family, Residential-Estate (R-5)........................ 25-26
Section 080-090: Commereial District (B-1)............................................. 26-30
Purpose........... ..... ....... ... ..... ...... ..... .... .... ........... .............. .... .......... ......... 26
General Minimum Requirements ........................................................... 26
Setbacks (See Table A) ..........................................................................26
Building Height ~Commer~llU~cts (See Division 115) ................. 26
~7 Off Street ParkUlg (See Section ~6):)::::::-.:..-:?/..:......:....:....................... 26
Buffer Zone Be~mmercl'arand ReSIdential DIStrICtS............. 26-27
Screening Requirements ........................................................................ 27
Landscaping........................... ............................ .... ........ ...... ..... ........ ..... 27
Site Plan ................................................................................................ 27
Accessory Structures (See Section 080-100) .......................................... 27
Exterior of Building (See Division 95 and Ord. #44-A).......................... 27
Permitted Encroachments.... .... ....... ......... ........ ........ ............................... 28
Exterior Merchandise (See Section 135-040) ......................................... 28
Lighting (See Section 135-040).............................................................. 28
v
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Driveways. .......... ........... ...................................................... ............. .... 28
Special Use Pennits (See Division 200) .................................................28
Signs (See Ordinance #39-Signage) ....................................................... 28
Refuse .. ....... ... ... ..... ..... ...... ........ ........ .... ....... ... ............... .... ..... ........... ... 29
'Pennitted Use ................................................................................... 29-30
Section 080-100: Industrial District .......................................................... 30-35
Purpose. ...... ........ ...... ..................... ..... ........ .......... ..... ............ ... ............. 30
General Minimum Requirements ........................................................... 30
Setbacks (See Table A) ..........................................................................30
Building Height in Industrial District (See Division 115) ....................... 30
Off Street Parking (See Section 36)................................................... 30-31
Buffer Zone Between Industrial and Residential Districts ...................... 31
Screening Requirements ................................................................... 31-32
Landscaping..................... .......... ............................................................ 32
Site Plan ................................................................................................ 32
Accessory Structures (See Section 080-100) .......................................... 32
Exterior of Building (See Division 95 and Ord. #44-A).......................... 32
Pennitted Encroachments.......... .................... ..................... ...... .... .......... 32
Exterior Merchandise (See Section 135-040) ......................................... 32
Lighting (See Section 135-040).............................................................. 33
Driveways ...................... ......................... .............................................. 33
Special Use Permits (See Division 200) .................................................33
Signs (See Ordinance #39-Signage) ....................................................... 33
Refuse..... .............................. ..... ............. ......... ........... .......... ........... 33-34
Loading Facilities .... ................. ............. ......... .................. .................. ... 34
Storage. .............. ........ ... ....... ..................... ....... .......... ..... ......... .... ......... 34
Permitted Uses/Uses Permitted on Special Use Permit ......................34-35
Special Requirements... .................. ......... .......... ..................................... 35
Section 080-110: Public/Institutional District (P-I)....................................... 35
Purpose ........ ..... ................................ ........... .... ....... .......... ....... .............. 35
Pennitted Uses................................... ............... ............................ ......... 35
Section 080-120: Mixed Use District (M-I).................................................... 35
Purpose......... .............. ..... ....... ..................... .......... ..... .,. ................... ..... 35
Permitted Uses.. ......................... ... ..... .... ....... ........ ...... ................. ....... ... 35
Special Requirements. ....... ............................. ............................ ............ 36
Division 85: Zero Lot Lines ........................................................................................ 36
Division 90: Parking Requirements ..................................................................... 36-37
Division 95: Commercial Exterior Building Materials............................................. 37
Division 100: Industrial Exterior Building Materials................................................ 37
VI
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 105: Fences. .............. ............................................. ...................:............... 37-38
Section 105-010: Snow-Stop Fencing............................................................. 38
Section 105-020: Electric and Barbed Wire Fence......................,................. 38
Section 105-030: Visual Obstructions............................................................ 38
Section 105-040: Swimming Pool Fencing .....................................................38
Division 110: Sign Regulation (See Ordinance #39) ............................................ 38-41
Division 115: Heigh t.... .................. ..... ............ ................ ......... ............ .......... ........ ..... 41
Section 115-010: Dwellings............................................................................. 41
Section 115-020: Excess Height on a Permit............................................. 41-42
Division 120: yards....................................................................................................42
Section 120-010: General Requirements .................................................. 42-43
Section 120-020: Computing Front yards..................................................... 43
Section 120-030: Erection of More than One Principal Structure on Lot.... 43
Division 125: Performance Standards.......................................................................44
Division 130: On-Site Sewage Treatment Standards................................................ 44
Division 135: Nuisance Standards ........................................................................44-46
Seetion 135-010: Odors and Emissions.......................................................... 44
Section 135-020: Dust and Particulate........................................................... 44
Section 135-030: Noise and Vibrations .......................................................... 44
Section 135-040: Glare ................................................................................... 44
Section 135-050: Waste .............................................................................44-45
Section 135-060: Smoke.................................................................................. 45
Section 135-070: Fumes or Gases................................................................... 45
Section 135-080: Fire Hazards ....................................................................... 45
Section 135-090: Air Pollution ....................................................................... 45
Section 135-100: Radioactivity or Electrical Disturbance ............................ 45
Section 135-110: Explosives ........................................................................... 45
Section 135-120: Burning ............................................................................... 45
Section 135-130: Bulk Storage ....................................................................... 46
Section 135-140: Outside Storage ..................................................................46
Residential Districts and Dwellings in the M-l Districts ........................ 46
Commercia1!Industrial Districts :....................................................... 46-47
Division 140: Surface Water Management ............................................................... 47
Division 145: Wetland Protection and Management ...........................................47-48
Division 150: Woodland Preservation .......................................................................48
Division 155: Erosion and Sedimentation Control................................................... 48
Division 160: Landscaping....... ...... .......... ................. ............ .................. ......... ..... 48-50
Section 160-010: Minimum Quantities ..................................................... 48-49
Section 160-020: Minimum Standards ..................................................... 49-50
vii
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 165: Off-Street Parking ............................................................................... 50
Section 165-010: Change in Facilities ............................................................ 50
Section 165-020: Off-Street Parking and Loading Zones ............................. 50
Section 165-030: Off-Street Loading ............................................................. 50
Section 165-040: Fractional Space ................................................................. 50
Section 165-050: Uses Not Mentioned....................................................... 50-51
Section 165-060: Spaces For Five or more Automobiles............................... 51
Section 165-070: Improvement and Maintenance......................................... 51
Section 165-080: Access ......... ........... .............................................................. 51
Division 170: Building Numbers................................................................................ 51
Section 170-010: Numbers Required ............................................................. 51
Section 170-020: Alternative Display............................................................. 51
Division 175: Sporting, Athletic, and Music Events ............................................ 51-52
Division 180: Planned Unit Developments (PUD)................................................ 52-61
Section 180-010: Objectives ........................................................................... 52
Subd. I .................................................................................................. 52
Subd. 2 .................................................................................................. 52
Subd. 3 .................................. ...... ..... ... ................................ .................. 52
Subd. 4 .................................................................................................. 52
Subd. 5 .................................................................................................. 52
Section 180-020: General Requirements ....................................................... 52
Subd. 1 .................................................................................................. 52
Subd. 2 .................................................................................................. 52
Subd. 3 .................................................................................................. 53
Subd. 4 ...................,'...................... ............. .............. .... ..... .................... 53
Subd. 5 .................................................................................................. 53
Subd. 6 .................................................................................................. 53
Subd. 7 .................................................................................................. 53
Subd. 8 .................................................................................................. 53.Subd. 9 .................................................................................................. 53
Subd. 10 ................................................................................................ 53
Section 180-030: Uses Permitted.................................................................... 53
Section 180-040: Relatiollship ofPUD Site to Adjacent Areas ................ 53-54
Section 180-050: Minimnm Size..................................................................... 54
Section 180-060: Minimum Lot Size .............................................................. 54
Section 180-070: Setback and Side Yard Requirements ............................... 54
Section 180-080: Access to Public Right-of-Way........................................... 54
Section 180-090: Utility Requirements .......................................................... 54
Section 180-100: Open Space ......................................................................... 54
viii
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Section 180-110: Parking........... ............................... .......... '" ......................... 54
Section 180-120: Arrangement of Commercial Uses..................................... 54
Section 180-130: Arrangement ofIndustrial Uses ........................................ 55
Section 180-140: Procedure............................................................................ 55
Pre-Application Meeting... ................... .................. .................. .............. 55
Section 180-150: Application.....................................:............................... 55-56
Section 180-160: Actions ...........................................................................56-57
Subd. 1: By Commission.................................................................. 56-57
Subd. 2: By CounciL............................................................................ 57
Section 180-170: POO Agreement.................................................................. 57
Section 180-180: Final Review and ApprovaL............................................. 57
Section 180.190: Documentation Required .............................................. 57-58
A. A fmal plan ofPUD .................................................................... 57-58
B. A written statement .......................................................................... 58
Section 180-200: Action on Final Application ..........................................58-59
A. Criteria for Approval........................................................................ 59
B. Non-Compliance .............................................................................. 59
C. Final Approval................................................................................. 60
Section 180-210: Time Limit .......................................................................... 60
Section 180-220: Annual Review.................................................................... 60
Section 180-230: Amendments .......................................................................60
Section 180-240: Completion.......................................................................... 60
Section 180-250: Site Improvements.............................................................. 61
Section 180-260: Construction ....................................................................... 6]
Section 180-270: Maintenance of Common Open Space............................... 61
Section 180-280: Homeowners Association ................................................... 61
Division 185: Variances ........................................................................................61.64
Section 185-010: Board of Appeals and Adjustments................................... 62
A. Interpretation......... ................ ........... ........... .................. .......... ...... ... 62
B. Variances ......................................................................................... 62
Section 185-020: Variance Procedures ..................................................... 62-64
Section 185-030: Variance Appeal Procedures.............................................. 64
Division 190: Interim. Uses ....... ........................ ..................................................... 64-65
Section 190-010: Purpose ...............................................................................64
Section 190-020: Application, Public Hearing, and Procedure..................... 65
Section 190-030: Termination ........................................................................ 65
Section 190-040: Standards............................................................................ 65
Section 190-050: Conditions........................................................................... 65
ix
I
,
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
TABLE OF CONTENTS
PAGE
Division 195: Amendments ................................................................................... 65-66
Division 200: Special Use Permits ........................................................................ 66-67
Section 200-010: Procedu re. .......... ...... .... ..... .... .......... ........ ............................ 66
Section 200-020: Standards............................................................................66
Section 200-030: Denial for Non-Compliance ............................................... 66
Section 200-040: Conditions........................................................................... 66
Section 200-050: Expiration ......................................................................66-67
Section 200-060: Fees ..................................................................................... 67
Division 205: Enforcement and Violations................................................................ 67
Division 210: Fees and Licensing............................................................................... 68
Division 215: Effective Date....................................................................................... 68
x
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 J
2 Amended: 81710 I
1 Amended: 1/30/01
Effective 915100
City ofCenterville Ord. #4
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4
An Ordinance regulating the use of land, location, bulk, height, and use of structures and
the arrangement of the structures, on lots, and the density or population in the City of
Centerville, Minnesota and providing for the administration and enforcement of such
regulations. Adult orientated businesses are requlated separately by City Ordinance.5
7
The City Council of the City of Centerville ordains'as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
Jrdinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose. It is the purpose of this Ordinance to:
· Protect and promote public health, safety and general welfare.
· Protect the natural resources in the City.
· Establish land use patterns and development regulations consistent with the City of
Centerville Comprehensive Plan.
. Prevent overcrowding of land.
. Limit congestion and promote safety in the public rights-of-way.
. Prevent the premature demand of public services.
· Stage development consistent with the efficient provision of public utilities and public
services.
. Maintain the small town character and quality of living in the community.
· Establish compatibility of land uses in the City to protect existing investments and
property values.
. Promote opportunities for cohesive and compatible business development.
· Establish guidelines and regulations to promote housing variety and quality living
envirQnments.
Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area
'ithin the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by
annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City
Council may rezone the added territory to more appropriate classification.
Page 1 of 68
5 Amended:
4 Amended: 211 9102
3 Amended: 9/4/01
2 Amended: 8/710 I
L Amended: lf30/0 i
Effective 915100
City ofCenterville Ord. #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 of this Ordinance or the appiication 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, inciuding Centerville Ordinance #10. Nothing contained in this Ordinance repeals or
amends any Ordinance requiring a permit or license to engage in any business or occupation.
Division 15: Definitions
Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained
herein have the following meaning. Other words not included in this Section shall have the meaning
defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily
associated with them. !
Section 015-020: Definitions.
Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding
temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or
otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Abutting - Having a common border with, or being separated from such a common border by a right-of-
way, alley or easement.
Accessory Building - A subordinate structure detached from but located on the same lot as the principal
structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use - A use incidental to, and on the same lot as, a principal use.
Agriculture - The use of land for agriculture purposes, including farming, dairying, pasturage,
agricultural, horticulture, floriculture, viticulture, and animal poultry husbandry and the necessary
accessory uses for packing, treating, or storing the produce; provided, however, the operation of any such
accessory uses shall be secondary to that of normal agricultural activities.
Alley - A public or private way permanently reserved as a secondary means of access to abutting
property. (
Alteration - Any change, addition, or modification, in construction or occupancy of an existing structure.
Page 2 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/0 I
I Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord. #4
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 shaH 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.
Area Identification Sign - A freestanding sign which identifies the name of a residential subdivision,
commercial or industrial development.
Basement - A portion of a building located partly underground, having more then 50% of its floor-to-
;eiling 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. .' I 7
'''-''b~' J .
CC>U-f'!Cl<--.
t 5 'Tlt-l$
Board - The Board of Appeals and Adjustments of the City of Centerville.
Boathouse - A structure designed and used solely for the storage of boats or boating equipment.
Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or
chattel, and when said structure is divided by party walls without openings, each portion of such building
so separated shall be deemed a separate building.
Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements
have been met. .
Building Coverage - See Lot Coverage.
otL---
Building Height - See Height.
lL., M'NA'T1l ~ IS NO i-MI.c.:itT iTS fM/Qtr or .Et{./L.[)1NG.
Building Line - The line, parallel to the street line, that passes through the point of the principal building
larest the front lot line.
Building, Principal - See Principal Building. e L ..~'"
I~ IM/)WI~ ITS 0>lL.L~ fR.iNClfl-1Z.. """""-
Page 3 of68 6~fj2.JNC'r,l\L. ST'fU~
5 Amended:
4 Amended: 2/19/02 f-:-....~
3 Amended: 9/4/01 ~c'
2 Amended: 817/0 I
I Amended: 1I30{Ol
Effective 9/5/00
City ofCenterville Ord. #4
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
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. INTflflSlVlt \[1t-G.7.7>>n>>I C~ING- f\t6l..7
.#!.j.J M' N "7i1L e>P- f'haD/ Py 1 OR..:befTff
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 p~~g and Zoninq Commission of the City of GEmterville.
fL..'-I"'I"~ fAGi!..to <l''''''''''''''"'-;<'''''l''~ c"""I~'Df'-\
Commissioner - A member of the Planning and Zoning Commission.
Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the City and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville.
Conditional Use - A use, which because of special problems of control requires reasonable limitations
peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan.
Conditional Use Permit - A permit, issued by the Council, in accordance with procedures specified in
this Ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or
conditions surrounding it after consideration of adjacent uses and their functions and the special
problems which the proposed use permits.
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 I
completely enclosed building used in conjunction with a contractor's business.
Coverage - That portion of a lot covered by principal and a.ccessory use structures.
Page 4 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 817/01
1 Amended: 1/30/01
Effeclive 9/5/00
City ofCenterville Ord. #4
Cul-de-sac - A local street, one end of which is closed and consists of a circular turn around.
Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462.
Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site.
Density - The number of dwelling units permitted per net acre of land.
Development - All structures and other modifications of the natural landscape above and below ground
or water, on a particular site.
District - See Zone.
Ii~ I 1"-" NiI!1"fL
'2..DN.f'z. .l)olZ-S NO T lZ-'f: (sT
2-0...,..,; tI,s Y"~.Jc:I
District Zoning - An area of land for which there are uniform regulations governing the use of buildings
and premises.Tltl$ r<dT'nlft Strr"L AS '2a>NING /)1~q [) N pA-eL 11-{
Jrive-In Establishment - An establishment which accommodates the patron's automobile from which the
occupants may receive a service or in which products purchased from the establishment may be
consumed or business conducted in the automobile.
Dwelling - A building or portion thereof that provides living facilities for one or more families.
Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more
residential buildings having a common or a party wall separating dwelling units.
Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling
unit entirely surrounded by open space on the same lot.
Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living
independently of each other.
Dwelling, Multiple - A detached, residential building containing three (3) or more dwelling units, including
what is commonly known as an apartment building, but not including group, row or townhouses.
Dwelling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six
months in each year.
Owelling Unit - One (1) or more rooms physically arranged so as to create an independent
!, Jusekeeping 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
Page 5 of 68
land owned by another for a specific purpose.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
I Amended: l/30/0 1
Effective 9/5/00
City of CenterviIle Ord. #4
Essential Services - Public and private utilities required by the resident and working population.
Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of
not more than five (5) persons not so related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not within
the building.
Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose
or screen areas of land.
Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by
water from any source.
Floodway - The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the 1 DO-year flood without cumulatively increasing the water surface
elevation more than one foot at any point.
Floodway Fringe - All that land in a flood plain not lying within a delineated floodway. Land within a
f100dway fringe is subject to inundation by relatively low velocity flows and shallow water depths.
Floor Area - The sum of the gross horizontal areas of the several floors of a building or dwelling unit,
measured from the exterior walls or from the centerline of party walls separating buildings, excluding
basements.
Floor Area Ratio - The total floor area on a zoning lot divided by the total site area of the lot or parcel
being developed.
Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the
ground and that are independent from any building or structure.
Frontage - The front or frontage is that side of a lot abutting on a street or way and ordinarily regarded as
the front of the lot, but it shall not be considered as the ordinary sideline of a corner lot.
Garage, Private - Any accessory building or an accessory portion of a principal building designed or used
solely for the storage of motor vehicles, boats and other personal belongings which are owned or used by
the occupants of the building to which it is accessory
Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in
visual performance and visibility.
Page 6 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Oed. #4
Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the
area between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the finished grade at the front of
the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental, and
secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
Hotel - A building occupied as more or less temporary abiding place of individuals who are lodged with or
without meals for compensation and in which there are more than ten (10) sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water
into previously undeveloped land. Impervious surface shall include graveled driveways and parking
areas.
Industrial Park - A planned, coordinated development of a tract of land with two or more separate
industrial buildings. Such development is planned, designed, constructed, and managed on an integrated
and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs,
building design and orientation, and open space.
Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip,
row, or block. S6.dt C-L-4...IMe.. c-v.."rrH-.IIG CD N ?~ i
Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, or for the
dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of
materials which is incidental or accessory to any business or industrial use on the same lot.
Kennel.. Commercial - Any structure or premises on which five (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. N<3 (:}It.. ~
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
1isturb 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
Page 7 of 68
lines.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
- I Amended: 1/30/01
Effective 9/5/00
City of CenterviJle Oni. #4
Lot, Corner - A lot abutting on and at the intersection of two or more streets.
Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of all buildings, including covered porches and accessory buildings, by the
gross area of that lot.
p-- \l>lll-'{ UT WID1"-JI- CoMJ. q,of"llrfl'LlWfLflA&1V
Lot Depth - The averagenorizontal distance between the front and rear lot lines.
Lot, Interior - An interior lot is a lot other than a corner lot.
Lot Line - A line dividing one lot from another lot or from a street or alley.
Lot Line, Front - On an interior lot, the lot line abutting a street; or, on a corner lot, the lot lines abutting a
street; or, on a through lot, the lot line abutting the street providing the primary access to the lot; or, on a
flag lot, the interior lot line most parallel to and nearest the street from which access is obtained.
Lot Line, Rear - The lot line not intersecting a front lot line that is most distant from and most closely
parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
Lot Line, Side - Any lot line not a front or rear lot line.
Lot, Minimum Area Of - The measurements of a lot computed exclusive of any portion of the right-of-
way of any public thoroughfare.
Lot of Record - A lot, which is part of a subdivision or plat, an Auditor's Subdivision or a registered Land
Surveyor a parcel of land not so platted, which has been approved by the City or meets the following
conditions:
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 )1,) 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
Page 8 of 68
5 Amended:
4 Amended.: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/0 I
1 Amended: 1/30/01
Effective 9/5/00
City of Ccnterville Ord, #4
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.
_at, Through - A lot having its front and rear yards each abutting on a street.
Lot, Width - The horizontal distance between side lot lines, measured at the required front setback line.
Manufactured Housing - Single-family detached housing that is built to the National Manufactured
Housing Construction and Safety Standards Act of 1974, and shall include structures known as
manufactured homes or mobile homes.
Mineral Extraction - The extraction of soil, sand, gravel, rock or other such material from the land.
Motor Vehicle - A self-propelled vehicle for personal or business use as defined in Minnesota Statutes
169.01.
Motor Fuel Station - An establishment where gasoline, diesel, kerosene, motor oil and lubricants are
sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are
performed.
Non-Conforming Structure or Use - A structure or use lawfully in existence on the effective date of this
ordinance or any amendment thereto and not conforming to the regulations for the district in which it is
situated.
Nursing Home or Rest Home - A licensed establishment having accommodations for the continuous
are of two or more invalid, infirm, aged convalescent patients or disabled persons that are non-related.
Open Space - Any unoccupied land space open to the sky.
Page 9 of 68
5 Amended:
4 Amended: 2/l9/0Z
3 Amended: 9/4/0 I
2 Amended: 817101
1 Amended: 1130/0 I
Effective 915/00
City of Centerville Ord. #4
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 inhereni 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.
/~Ianning and Zoning Commission - The Planning Commission of the City of Centerville.
~
Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and
containing all elements and requirements set forth in applicable local regulations adopted pursuant to
Section 462.358 and Chapter 505.
~
ortable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means of
wheels; signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from the public right of way,
unless said vehicle is used in the normal day-to-day operations of the business.
Principal Use or Principal Structure - The main use to which the premises are devoted and the
purpose for which the premises exist. c,U- ~~ 7;
Private Property - Any real property within the City which is privately owned and which is not a public
property as defined in this section.
Public Hearing - An official public meeting, which notice has been published in the official newspaper.
Public Property - Any street or highway that includes the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and,'
horseback riding trails. (
Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of
being towed or being self-propelled.
Page 10 of68
5 Amended;
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 817/01
1 Amended: !130101
Effective 9/5/00
City of Centerville Oed. #4
Residential Facility - A state licensed residential facility, defined by Chapter 462,
Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more
than sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage.
Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the organization.
Setback - The minimum horizontal distance between a lot line and a building line or use.
Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices,
appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal.
Shore Impact Zone - Land located between the ordinary high water level of a public water and a line
,Jarallei to it at a set back of fifty percent (50%) of the structure setback.
Sign - Any name identification, display illustration structure or device which is publicly displayed and
which is used to direct attention to a product, person, business, institution or place. 6W 3q urfJ'linOCtJ
Significant Historic Site - Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it ;s presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the
Director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to
be significant historic sites.
Story - That portion of a building included between the surface of any floor and the surface of the next
floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above
it.
Story-Half - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at
least two opposite exterior walls, are not more than two feet above the floor of such story.
Steep Slope - Land where agricultural activity or development is either not recommended or described as
"oorly suited due to slope steepness and the site's soil characteristics, as mapped and described in
vail able county soil surveys or other technical reports, unless appropriate design and construction
techniques and farming practices are used in accordance with the provision of this ordinance. Where
specific information is not available, steep slopes are land having average slopes over twelve percent
(12%), as measured over horizontal distances of fifty (50) feet or more.
Page 11 of68
l
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4101
2 Amended: 8/7101
1 Amended: 1/30/01
Effective 9/5100
City ofCenterville Ord. #4
Street Access - A public thoroughfare, which affords the principal means of abutting land.
Street Line - The legal line of demarcation between a street and abutting land.
Structure - Anything constructed or erected, the use which requires a location on the ground, or attached
to something having a location on the ground, or an attachment to something having a fixed location on
the ground; including, in addition to buildings, billboards, carports, porches, decks and other building
features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square
feet, fences and patios.
Structural Alteration - Any change in the supporting members of a building or structure, such as bearing
walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing
building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest,
necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses r..
or any combination thereof, except those separations: \
A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses; and
B. Creating cemetery lots; and
C. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained and shall
include any manner of performance of such activity with respect to the performance
standards of this ordinance.
Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies,
coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking,
salvaging, dismantling or storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more continuous dwelling units,
sharing a common wall, each having separate and individual front and rear entrances; the structures
being as of a row house type as distinguished from multiple dwelling apartment buildings.
Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes,"
capable of being towed by a motor vehicle.
Use, Permitted - A use that is permitted in the district under which it is listed.
Page 12 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
I Amended: 1/30/0 I
Effective 9/5/00
City of Centerville Ord. #4
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. (f.pfrN !) t;WL M~ D l v /'3/01'/- 1'&5 WtPJ~
Vehicle - Any vehicle which is self-propelled or designed to be pushed or pulled and shall include, but not
be limited to, automobile, busses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf
carts, campers, trailers, boats, planes and gliders.
Vehicle Abandoned - Any vehicle as defined in this section, which does not have lawfully affixed or
attached thereto an un-expired state registration or license plate or plates, or the condition of which is
wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
Water-Oriented Accessory Structure or Facility - A small above ground building or other improvement
except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a
surface water feature, reasonably needs to be located closer to public waters than the normal structure
setback. Examples of such structures and facilities include boathouses, gazebos, screen houses, fish
houses, pump houses, and detached decks.
Wetland - Lands transitional between terrestrial and aquatic systems where the water table is usually at
or near the surface or the land or is covered by shallow water. For purposes of this definition, wetlands
must have the following three characteristics:
A. Predominance of hydric soils; and
B. Are inundated or saturated by surface or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life
in saturated soil conditions; and
C. Under normal circumstances support a prevalence of such vegetation.
Yard. A required open space on a lot which is unoccupied and unobstructed from the ground upward,
except as otherwise provided for herein. The measurement of a yard shall be construed as the minimum
horizontal distance between the lot line and the building line.
"ara, rrcRt ,1), yarel 8JL1eRaiR@ 881'888 i~8 ftJlI 'siEltR ef U~S weRt let Bstv:eeA sias let !iRes BRa endeAsiR@J
. 8m tRe SBl:JttiR!3 street riSlRt l;)f '"val' liAS 16 a el8f11~ rS€ll;lins€f iF! tRe yara re@l:Jlati~H'lg sf tRe Elistrist iA 'h'RieA
Sl:J8R 1st islssatea. OR 8 eafFler 1st iRe street s€teJre88 or RarrS\V6st stfeei €iimeAsisFl sf tl=le street 81=1s11 68
t1'16 fF€mt yar€l.1
Page 13 of 68
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/0 J
2 Amended: 817/0t
I Amended: I/30/01
Effective 9/5/00
City of Centerville Ord. #4
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.
Zoning District - An area or areas for which the regulations and requirements governing use, lot and
bulk of buildings and premises are uniform. iN CD>.>>ft..lCl ..,..(i1t- SfAC,t 5
Section 015-030: General Regulations.
For clarity and consistency in the understanding and application of this Ordinance the following shall (.."
apply: \
Use of the masculine gender includes the feminine and neuter genders unless otherwise specifically
noted.
Grammatical use of references made in the singular shall include the plural and the plural shall include
the singular, unless such use or reference is otherwise specifically stated.
Sentence construction or phraseology in the present tense, and similarly, references in the future tense
may include the present.
The word "shall" is used to mean mandatory, whereas the word "may" is permissive and does not imply
obligation.
The catch lines of the sections of this Ordinance are intended as mere catchwords to indicate the content
of the section, and shall not be deemed or taken to be titles of such sections, nor be deemed to govern,
limit, modify or in any manner affect the scope, meaning or intent of the provisions of any sections.
Division 20: Scope and Interpretation
A. Scope
No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed"
altered or moved without a permit approved by the City. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the
provisions of this Ordinance. Unless otherwise noted, no structure permitted under
Page 14 of 68
5 Amended:
4 Amended: 2/l9/02
3 Amended: 9/4/0 I
2 Amended: 8/7/0 I
I Amended: 1/30/0 I
Effective 9/5/00
City ofCenterville Ord. #4
this Ordinance may be inhabited or occupied without a Certificate of Occupancy
issued by the City. \N.~ LS 1ft i:5 D /Z.f'i p.lfiJ) Z
B. Relationship to Comprehensive Plan
Interpretation and enforcement of the provisions of this Ordinance are intended to
be consistent with the implementation of goals, policies and land use elements of
the Centerville Comprehensive Plan to the extent practical or required by law. The
application of or amendments to this Ordinance, which are determined to be
inconsistent with the Comprehensive Plan, shall require amendments to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held
to be the minimum requirements for the promotion of the public health, safety and
general welfare.
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.
Page 15 of 68
5 Amended:
4 Amended: 2119/02 ( '.
3 Amended: 9/4/0 I <
2 Amended: sn /0 I
I Amended: 1/30/01
Effective 9/5/00
City ofCentervilIe Ord. #4
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 Centervi/le; providing penalties for the
violation thereof.
Division 25: Lot Provisions
Lots of Record
\A.
o
B.
No lot of record shall be reduced in size below the district requirements in
Section 080-030; and '171f2p.fL I S NO S r2!Z, iZJ3.FIiR/iNCIL IN ~8'6- 830
An existing lot of record shall be deemed a buildable lot even though the lot area
andlor 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-Conforminct 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.
O{--B.
The non-conforming use is not expanded or enlarged, except in conformity with the
provisions of this Ordinance; and
If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of 8i:: (6) twelve (12)5 months, further use of the structure or property
must conform to this Ordinance; and
Page 16 of68
5 Amended:
4 Amended: 2/191D2
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Qrd. #4
C. If a non-conforming use is replaced by another use, the new use shall conform to
this Ordinance; and
D. If a non-conforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed fifty percent (50%) of the market value, the use
or structure may not be replaced or repaired except in conformity with this
Ordinance; and
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 residimtial character of the premises; and
is TH-r5 CoN91~77iNT \N1"TJe ORi"JINANCL 3C:;?
No more than one (1) sign not exceeding two (2) square feet with a maximum
height of three (3) feet identifying the occupation shall be used; and
D.
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 .T}lts f-.U-&.RS ,/0
ca~J'tL IN Ou.-S"T"P--IPrL-.... NoT 1-tO/'AIl. ~DIUiT1~
Only on-site off-street parking facilities typically associated with a residence shall
be used; and
H.
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
Page 17 of68 .
property shall not be permitted.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1130/01
Effective 9/5100
City ofCenterville Ord. #4
Division 40: Sinqle-Familv Dwellinq 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
B. Metal siding, with exposed panels exceeding twelve (12) inches in width, shall not
be permitted; and
V>JfZ /ruervvlUJ Dfi-n:+C-ftllD ON RDJ!,'N t...ANL
C. All Single-family, detached dwellings shall have attached garages. Garages may
not be converted to habitable space without replacing the required garage; and
D.
Single-family dwellings other than approved earth sheltered homes shall have at
least a 3/12 roof pitch and shall be covered with an approved roofing material; and
\N~I$ ....fl'll"vl1D?
All Single-family dwellings shall have roof overhangs, which extend a minimum of
one (1) foot from all the walls of the structure.
"
E.
Division 45: Temporary Dwellinqs 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, ptrt are subject to the Minnesota State Building Code.
".ND
Division 50: Drivewav and Parkinq Lot Improvements
All required ingress/egress points, driveways and parking areas shall be paved with asphalt, concrete,
pavers, cobblestone or similar material according to minimum City specifications, excluding R-1 Districts.
Driveways may not exceed a twenty-four (24) foot width at the streetline,J- .'<Mhr'1~i(rfOr!5
'\.Y"I~ I'rMZ- 1)tLSIi.. ....,..--.
Division 55: Public Utilities Required
All residential, commercial, industrial, public, institutional or other uses, which include plumbing facilities,
shall be connected to the public sewer and water system when available. ;
.- /+13> AffiZA-R.5 '"ro t~ f'AANDItTc:t. ~K(...le. 7
~PF,,/ 9ien&N 815_0"30 &~ L. Ri'w..f!fi16 ~
7 1 Page 18of68
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~6 :7
Division 60: Relocated BuildinQs or Structures
No existing building or structure may be relocated anywhere in the City without a permit. A permit for the
relocation of any building or structure may not be issued without site plan approval by the Planning and
Zoning Commission. The Planning and Zoning Commission shall not approve a site plan without
certifying the following:
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 8/7/01
I Amended; 1/30/01
Effective 9/5/00
City of CenterviJJe Ord. #4
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 CifTI.Na'fJ IN .fJiVt"( ...01 Id~ i,," ~D~
,. 0 I> [Wi i'1" N CIL 4t-I-{
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 rnade structurally a part of the
main building and shall comply in all respects with the requirements of this Ordinance applicable to the
main building. /.1'1 aglla8S€lF'j BtJilail'l!l. t1l'1lass attasi'taa tll al'la maaa a !laft af tRa mail'l
fil:;Jile1iJS1~, 8MsII fH~t Be sl68sr U"l8A five (6) feet 1a tAB maiA Buile1iF\f3, e)~Bef3t 86 stMarY/iaB flnrw'iaea iA tRis
selltisl'l. An accessory buildinq. unless attached to and made a part of the main buildinq. shall not be
closer than six (6) feet to the main buildinq. 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 (qaraqe) shall be no greater than 1500 square feet per level. SWimminq pools may exceed the
size requirements for accessory structures. but they can not exceed fifty (50) percent of the rear yard
atea.2
~ommercial uses (as defined by Ordinance #4) in the M-1 District will follow the Commercial qUidelines
TOr percentaqe of qreen space. For all other properties in the M-1 District. the maximum accessory
structure allowed is 704 square feet and 440 square feet in the R-4 District. neither A@t5 to exceed the
size of the principal structure if an attached qaraqe does not exist. If an attached qaraqe exists. the
Page 19 of68
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
maximum accessory structure allowed is two (2) percent of the lot size or a miF!iIfU,fm maximum5 of 200
square feet5.
Division 70: Site Plan Review Required
Ckr"HR.,...f>/U> '1(Jl 1.bI}.NTlFY L01aN(;,,I?f)M4Ht~
For all land use applications or permit applications €ItRer tReF! Sil'l!jle family llesi€feF!tial FIe": €l3l'lstrl:l€ti€lR
IJlJiI€fiR!j f'ermits5, a site plan review is required by the Zonina Administrator or their designee. Said
review shall take place thirty (30) days prior to the desired Plannina and Zonina meetina. For example. if
a property owner desires to construct a home (or any other structure) and desires to have it presented to
the Plannina and Zonina Commission in May. the application and site plan need to be presented to the
Zonina Administrator or his/her desiqnee the first week in AprilS
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 includinq 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
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
Page 20 of 68
..
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/9l
2 Amended: 817/01
r-J I Amended: J/30/01.
(' J:!)~ Effecrive 915100
~ City ofCentervilleOrd. 114
-it
Section 070-020: Review Requirements, For actions that will require committee review, applicants
shall submit sixteen (16) sets of site plans with a required application form and appropriate fees to the
City Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements.
Upon acceptance of the application, site plans will be distributed to the appropriate City entity for review
and recommendation.
r; l+olJ...L.b R~ ,t I E-W fi<cefiDu.Rft'3" ~pS /
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certifications when appropriate or required.
Action to approve, modify or deny site plan applications will be based upon consistency of the application
with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the
compatibility of the proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070-030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
necessary to complete a review of the proposed action. The City may also waive certain submittal
requirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information. K 7
''1"1*9 1.f;AS T'If7t.- ftruSi-..ral2-I'h.( 7(j ~A- t Vk:... I
Division 75: Final Grading and Landscaping
Lots in all districts shall be subject to the following:
Subd. 1
o'f-
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified, except durinQ inclement
weather an escrow shall be deposited with the City as approved in the fee
scheduleS: 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. ?
!f:::.. DOIl5 "f"t"t'''} NiUD J){fu>-tr71(!)JJ ,
Division 80: Zoning Districts/Use Reaulations
Section 080-010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference
and declared to be part of this Ordinance as the Official Zoning Map.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
thereto within thirty (30) days after official publication of the ordinance adopting the amendment. ?
"'"''''.$ \l't (~ DONa. 0,.., ~>l j)~I"'" Nil. ffla~ ft<>.PJ:>5I Fk1N.. e,"Y fU>JJ- .
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
Page 21 of 68
1_
- - --- --~~
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4fOl
2 Amended: 817/01
] Amended: lJ30JOI
Effective 9/5/00
City of Centerville Ord. #4
interpretation of the map upon the request of any person. Any person aggrieved by any such
interpretation may appeal such interpretation to the Board of Appeals arid Adjustments. The Board of
Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the
following standards:
r
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,1"'1'
Dti~~ '7 _t-.)v
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~~
A. Zoning district boundary lines are intended to follow lot lines, or be parallel or
perpendicular thereto, or along the centerlines of streets, rights-of-way or
watercourses, unless such boundary lines are fixed by dimensions shown on the
Zoning Map; and
B. Where zoning district boundary lines are so indicated that they approximately follow
lot lines, such lot lines shall be construed to be such boundary lines; and
C. Where a zoning district boundary line divides a lot, the location of any such zoning
district boundary line, unless indicated by dimensions shown on the zoning map,
shall be determined by the use of the map scale shown thereon; and
D. If, after the application of the foregoing rules, uncertainty still exists as to the exact
location of a zoning district boundary line, the boundary line shall be determined in a
reasonable manner, considering the history of uses of the property and the history of
zoning ordinances and amendments in Centerville as well as other relevant facts.
Section 080-030: Establishment of Districts. For the purpose of this Ordinance, the City of Centerville
is hereby divided into the following zoning districts:
R.1 Rural Residential
R-2A High Density Single Family Residential
R-2 Single Family Residential
R-4 Single Family Manufactured Housing District
R-5 Single Family Residential - Estate
B-1 Commercial
'-1 Industrial Park District
P-1 Publicllnstitutional District
M-1 Mixed Use
Section 080-040: Rural Residential (R-1).
Purpose
The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as
interim uses of the land. The City has limited vacant land for development and all land in the City is.
planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in thel
City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted
uses in the R-1 District will not reflect intensive commercial agricultural uses. ._..0
SUN9 ,,-,1'4- 1'7 !J1i"'..........D 1!,k.- t'M.-S <rrt'1, ~ CO~ ~y~ <t Oj~
~1<yflN," It/! ~~e.flS Jl-jd. Page 22 of68 {2.~--N ~
rJdn~,I.. ~~
Permitted Uses
5 Amended;
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended; 817/01
I Amended: l/30/0 1
Effective 9/5/00
City of Centerville Ord. #4
A. Single-family, detached, dwellings at a density not exceeding one (1) home per ten
(10) acres; and
B. Residential accessory uses and home occupations; and
C. Crop production and vegetable gardening; and
D. Produce stands for products raised on the premises; and
E. Tree nurseries and sod farms; and
F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock
animal per acre or three (3) fowl per acre.
Special Requirements
I\gricultural uses are permitted in the R-1 District subject to the foilowing requirements:
A. Feed lots, runs, pens and similar intensively used facilities for animal raising and
care shall not be located within three hundred (300) feet of a neighboring property;
and
B. Accessory farm buildings shall not be erected within one hundred (100) feet of a
neighboring property.
Section 080-050: High Density, Single-Family, Residential (R-2A).
Purpose
It is intended that the R-2A District provide for higher density single family detached, attached and
multiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dweilings.
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.
Page 23 of 68
E. Public parks and recreation uses.
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/01
2 Amended: 817/01
I Amended: l/30101
Effective 9/5/00
City ofCenterviIJe Ord. #4
F. Day care facility.
G. Residential facility.
H. Home occupations.
Section 080-060: Single-Family, Residential (R-2).
Purpose
It is intended that the R-2 District provide for lower density traditional single family detached dwelling
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with two units.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Section 080-070: Single-Family, Manufactured Housing (R-4).
Purpose
It is intended that the R-4 District provide for high density single-family, attached and detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complimentary with and enhance the
community's small town atmosphere.
Permitted Uses and Structures
A. Single-Family, detached dwellings.
Page 24 of 68
B. Single-Family, attached dwellings with four (4) units or less.
5 Amended:
4 Amended: 21l9/02
3 Amended: 9/4/01
2 Amended: 8n /0 I
I Amended: l/30/O 1
Effective 9/5/00
City of Cenwrville Oul. #4
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G.
Home occupations.
(S O{!.D \ NA-NCL. -# 15 5n k 7 N il..FF1Z-Cf ?
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
Jr enlarge a manufactured housing development within the limits of the City of Centerville without first
obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning
and Zoning Commission. Approval shall be granted only upon compliance with all the following: 1.)
Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with
all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be
located in the City's urban service area as shown in the Comprehensive Development Plan, and must be
served by public utilities as approved by the City of Centerville.
Section 080-080: Single-Family, Residential - Estate (R-5).
Purpose
It is intended that the R-5 District provide for low-density traditional single family residential where public
utilities are available and required for service. The design and circulation of new residential areas are
also intended to be complimentary with and enhance the community's small town atmosphere.
Permitted Uses
A. Single-Family, detached dwellings.
B. Accessory uses.
C. Public parks and recreation uses.
D. Day care facility.
E. Residential facility.
Page 25 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1I30fO I
Effective 9/5/00
City ofCenterville Ocd. #4
F. Home occupations
Section 080-090: Commercial District (B-1).
/h.J.... N,,{,W
-V
Purpose
It is intended that the B-1 District provide opportunities for retail and service business uses which require
larger development sites, highway visibility or highway access.
General Minimum Requirements
The following minimum requirements. as set forth. shall apply to all buildinQs that may be erected.
converted or structurally altered in Commercial Districts.
Setback
See Table A - Schedule of District Requlations Lot and Yard Requirements.
115\5 b6-Nf'UUt'- ~.. ..fr-1;!J.
t;v.-u:,,~S" t.L1",,"<I..01N~ 'f ~
Off Street Parking -f- U>"'~l''''''''' ~- Tt- ? 0
As provided in Division #90 of this ordinance. c..or-t:iD~\)1'< ~a.f~ \)\'-lI'3~
In addition to Division #90: 'to v- -:;~rJb ~~\NGs q6 q.. \ .
'~.D.DR{Z77
Space for a sinqle vehicle shall be nine (9) feet by eighteen (18) feet or laroer.
Build/no Heiqht in Commercial Districts
As provided in Division #115 of this ordinance.
A.
B. Off street parkino area shall be surfaced with asphalt or concrete. and with
permanent concrete curbs to define driveways and parkino limits. Plans and
specifications for parkino 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 reouires a hearing before the
Planninq and Zonino Committee and the Citv Council.
C. There shall not be off street parkinq within five (5) feet from any street right 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 shaW
contain no structures. shall not be used for parkino. off street loading. or storage. and shall be
landscaped. The landscape treatment shall include a compact screen wall or fence. but shall not extend
within fifteen (15) feet of the street right-af-wav. The planting or fence desion must be approved by the
Page 26 of 68
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/0 J
2 Amended: 8/7/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
site plan review process. The site plan review process requires a hearinq before the Planninq and Zoninq
Committee and the City Council. Per Division #70. .0/\1151"'-1 7e .PoliS 1'Lc::lT Ra..~
COlANlCl J-
Screeninq Requirements
If the City Council re~uires any type of screenino as a condition for a variance or special use permit;
the applicant shall comply with the followino conditions:
A. File a COpy of the screenino plans with the Zoninq Administrator.
B. The screeninq. plantino or construction. or both shall be complete within one year
from the date of the buildino permit. subiect to extension bv the City Council.
C. The screenino shall be maintained after completion.
~
Landscaping
A minimum of ten (10) percent of any lot shall be qreen space. Three (3) percent of the surface area of
the land within a parkinq area shall be landscaped with qrass and shrubbery or other approved Qround
cover. Landscaped areas will continue to be maintained bv the property owner on a continuous basis.
3reen areas within abuttinq street rioht-of-wavs will also be maintained bv the property owner. See
Division #160 for other reouirements. Cl _ r. t.-i u..IXAl).OP,OV.1fI) f"NNlu:::r&.S
o -f" - ~O fAbe? let Or- .A: ( "11
AcCC>lW\,..G 'TO "fA...... f'O~ II .:Jf:):::)
Site Plan /1 '1"1t-ft C-t ~ ""-,.....Prr75D ..5fI1.c.lA-<- <06- f'~rr:S f'rI.So .D1'I1$1/Yr-D
Site plans for all develo~ents reouirino a special use permit must be submitted prior to the issuance of
buildinq permits. At least the followino information shall be submitted for review:
PrRiL ~ iZ- ADD ( N G $ AC$.... S.p ~ I'rI-
u.-~ .p6-~
Buildino plans. includinq building elevations, indicatinq mass. buildinq materials, and
color of all exterior surfaces, includinQ all materials proposed to meet the screeninq
requirements of this ordinance.
\N14 I ~ 'f.lt IS
Landsca e lans includin the number s
A.
Site development plan.
7
8.
C.
.PtFF!zJ<.~_NT ~ DNIS/ON
ecies and size of all lantin
70?
D. Grading, drainaqe, parkinq areas, items to be stored. and utilitv plans.
?
Accessory Structures '+1~ .P? ~u.. ~ nte 'N1t'!IJ 'I"..... t{>W1!- J) rW9- (}!--D c.5 .
Garaqes, accessory structures, screen walls, buildinqs. and exposed afeas of retainlnQ walls shall be of
similar type, quality. and appearance as the principal structure.
Exter~or of Buildinq . . V-llrt. Do .'fa\).. ltlW'A. 1)jF;7 'W (f/it.N. ~ eo-t1fl-S 1-1'"'. ("
.11 bUlldinqs shall be finished on all Sides With permanent finished matenals of consistent qualltv, per
Division #95, and Ordinance #44-A. $1/ j..l.. I I"f fL f~ 6..-e.:r ? <)
~1tA'1 r;7 oRDtNlrNck- ~~.4 (
Page 27 of 68
Permitted Encroachments
The fOllowina shall not be considered as encroachments on setbacks subject to other conditions within
this ordinance:
5 Amended:
4 Amended: 211 9/02
3 Amended: 9/4/01
2 Amended: 817/01
I Amended: 1/30/01
Effective 915/00
City of CenterviIle Ord. #4
Off street parkina spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves, Qutters,
awninas, open terraces, service station pump islands, open canopies, steps, chimnevs, flaa poles,
ornamental features, open fire escapes, sidewalks, and fences, except as hereinafter amended.
Exterior Merchandise
See Section #135-140.
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_d D r-tu.J'3,frN.c./tP ~
~ IJ-P.&- CJ '1 ~z.P- -rD 4;-r$.. if
W1tyJ ~ ~j
LiQhtinQ
See Section #135-040.
Driveways
A.
No drivewav shall be located within one hundred (100) feet of anv riaht-of-way
line of a street intersection. Said distances shall be measured alona the propertv
line from the corner riaht-of-way and Countvline.
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 riaht-of-
way and County line.
Special Use Permits
As provided in Division #200 of this ordinance.
-'\ ~
\. ~6' ~ ').. 01'> ,
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Criteria for issuance of Special Use Permit. When reviewing an application for a Special Use Permit the
PlanninQ and Zonino Commission and City Council shall considered the followino 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 contiguous 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.
SiQns
As provided in Ordinance #39.
Page 28 of 68
Refuse
A.
~
1"/
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5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
[ Amended: [/30/01
Effective 9/5/00
City ofCenterville Ord. #4
B.
All premises shall be provided with, at owners expense, an adequate number of
approved containers to hold the qarbaqe accumulated bv such premises. Such
containers shall be made of metai or other suitable material. shall be water tiqht.
. insect and rodent proof, and shall be of a material not easily corrodible and
equipped with suitable handles and tiqht fittinq covers and shall be kept covered
when there is qarbaqe stored therein.
'/.0...... <:.o1A...D (bNf/..(C{ wt71+ O~-d"lO ~~fl~.5
Garbaqe 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 adioining property.
c.
All qarbaqe containers shall be screened with a suitable enclosure.
D.
Everv qarbaqe or rubbish container shall be maintained in as sanitarv condition as is
possible and shall be thorouqhlv cleansed as needed. If, upon inspection bv the
Administrative Authoritv a container is found to be in poor repair, corroded or
otherwise defective the Administrative Authoritv shall notify, in writinq. the provider
or user of the container of the deficiency and shall require the repair or replacement
of the container within fifteen (15\ days. All container enclosures shall also be kept
in Good repair.5 1'-- A;1J... fo..tfi"'-J
Permitted Uses
A.
c.
D.
F.
G.
H.
I.
Retail sales and service, but excluding adult orientated businesses.
B.
Automobile and motorized equipment sales and service, excluding salvage operations.
(L~ON ~
--t1~ a.. <
.~~~ i~. ?
~~~ ~ ~t> '
....-rO~ f I<v G
;; C/(l{> Pt eo~ .{D",'~'J(
St#"~" cD,yP ~~
Full service gasoline sales and service...;J ~o-r' J ~ d
Eating and drinking establishments. et>~ ~ ~ /z)bJ ..
C)-rl
Farm implement sales and service.
Building supply sales and storage yards.
E.
Funeral homes and mortuaries.
Day care centers.
Hotels and motels.
Page 29 of 68
J. Financial institutions.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9f4fOl
2 Amended: 8/7/01
I Amended: l/30/O I
Effective 9/5/00
City of Centerville Ord. #4
K. Personal and professional business offices.
. L. Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (1-1).
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and industrial uses, trade
businesses, machine shops and other more extensive land uses.
General Minimum Reauirements
The followino 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.
"'(, \;\(
Sui/dinq heiQht in Industrial Districts ,",,#..6JJ'~\V1 ~
As provided in Division #115 of this ordinance. ':I"- :{k\\ (p~\ -0-i) ')\;;
t- ()v ~ ,0 ~
Off Street parkina O~ -\.-' r0 0
As provided in Section 36 of this ordinance. ~ S~\j
Page 30 of 68
5 Amended:
4 Amended; 2/19J02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1/30/0 I
Effective 9/5/00
City ofCenterville Oed. #4
In addition to Division #90:
A. Space for a sinqle vehicle shall be nine (9) feet bv eighteen (18) feet or larqer.
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 by the City Engineer. and
approved by the City Council prior to construction.
C. All open street parkinq areas havinq more than six (6) parkinq spaces shall be
effectively screened by a wall. fence of acceptable desiqn, or compact hedqe along
all sides which adioin or are directly across the street from the property in a
residential zone or institutional use. Such wall. fence or hedQe shall be maintained
in qood condition, Plans for fencinQ shall be approved by the City Council. The
fence shall not be used for advertisinQ purposes.
D. Parkinq constructed to fall within the minimum setbacks, See Table A.
E. Off street parkinQ areas shall be so qraded and drained as to dispose of all surface
water. Drainage plans shall be subiect to approval of the City Enqineer.
01\// ON
F. Also see Se Ion #165.
Buffer Zone Between Industrial ani ~ C h \ ~ hR-. ~ ,. pi -l i 5 i ON
..;.j OlA, f}.... , If
Where the side yard of any Industrial [ I/;~ ,imum side yard setback
shall be sixty 60 feet. Parkinq of vehic .. __ _. .. ,,3 side vard line. All side
yard areas not utilized for parkinQ shal. Uv IdllUtiCaped with screeninQ provided alonQ the side lot line to
within(~1f~~P~~~~~t-f~~"/~ ~IS~N6T CoLN.SI~ 'N,V"I/ ~ ca~lJ\;{...
. . D~ff~ ~~~~
ScreenmQ ReQUirements .
If the Citv Council requires any type of screening as a condition for a variance or special use permit. the
applicant shall comply with the followinq conditions:
A.
File a COpy of the screeninq plans with the ZoninQ Administrator.
B.
The screeninQ, plantinQ or construction. or both shall be complete within one
year from the date of building permit. subiect to extension by the City
Council. Q ?~~
\I'll IJ ~~~
The screeninQ shall be maintained after completion. w..~l.D '::!"iA:.~
~t!>f ~
A dollar amount of one and one-half times the estimated cost of plantinq and
construction of the screeninq, shall be filed with the City in the form of a cash
Page 31 of68
c.
D.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amertded: 8/7/0 I
1 Amended; 1/30/01
Effective 9/5100
City ofCenterville Ord. #4
escrow or letter of credit. The cash escrow or letter of credit amount shall be
forfeited to the City if any provisions of this section are violated.
Landscaping
A minimum of ten (10) percent of any lot shall be qreen space. Three (3) percent of the surface area of
the land within a parkinq area shall be landscaped with Grass and shrubbery or other approved qround
cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
Green areas within abuttinq street riqht-of-ways will also be maintained by the property owner. Also see
S~ytton #160. ~'-\\t;>\ON
Site Plan '3~ f\~ Pr'7 c-olV-N-rt-l<t1 V
Site plans for all developments require special use permits prior to the issuance of buildinq permits.
At least the followinq information shall be submitted for review:
A. Site development plan.
B. Buildinq plans, includinG buildinq elevations, indicatinq mass, buildinq materials.
and color of all exterior surfaces, includinq all materials proposed to meet the
screeninG requirements of this ordinance.
C. Landscape plans, includinq the number, species, and size of all plantinqs.
D. Gradinq, drainaqe, parkinq areas, items to be stored, and utility plans.
Accessory Structures \fllff.l-T' fti,6v.-T D h!~ 10 Nl ~
Garaqes, accessory structures, screen walls and exposed areas of retaining walls shall be of similar type.
quality. and appearance as the principal structure. Accessory structures shall comply with all of Section
#080-100. or- "'hh$ to ~ - teX) I
o
Exterior of BuildinQ
All buildinqs shall be finished on all sides with permanent finished materials of consistent quality. per
Division #100, and Amendment #44-A. L.f~ PI- 1M iZ-ffl2c..IG . .---
. D,v,S.tCN-1(!)O tg fJ/Y/g76T1/ ~
Permitted Encroachments
The followinq shall not be considered as encroachments on setbacks subject to other conditions within
this ordinance:
Off street parkinG spaces. flues. belt course, leaders. sills. pilaster. lintels. cornices. eaves, Qutters.
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 Section #135-140.
~~,HI,g,5 --rD 6v..'1$lDft., ~of2prlco
Page 32 of 68
Lighting
See Section #135-040.
Wtf1q-T It-WuC( ~ ffl.u~2
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City of Centerville Ora. #4
Drivewavs
A.
No drivewav shall be located within one hundred (100) feet of any right of-way line
of a street intersection. Said distances shall be measured alonq the property line
from the corner riqht-of-way line.
B.
Access drive onto county roads shall require a review by the City Enqineer.
Special Use Permits
As provided in Division #200 of this ordinance. A6,lt IIJ w!!t:;!;~ .p LCI {N
Criteria for issuance of Special Use Permit. When reviewinq an application for a Special Use Permit the
Planninq and Zoninq Commission and City Council shall considered the followinq criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscapinq and structures
with contiquous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on qeneral public health, safety. and welfare.
F. Compatibility with the City's Comprehensive Plan.
SiQns
As provided in Ordinance #39.
Refuse
A.
11M!. ~..NWC III L-
"]r#'- cp~j5
All premises shall be provided with, at owners expense. an adequate number of
approved containers to hold the qarbaqe accumulated by such premises. Such
containers shall be made of metal or other suitable material. shall be water tiqht.
insect and rodent proof. and shall be of a material not easily corrodible and
equipped with suitable handles and tiqht fittinq covers and shall be kept covered
when there is qarbaqe stored therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises or in
such a manner as to be out of view from the street. In no event shall container or
their enclosures be placed or maintained in such a way to unreasonably interfere
with the use or enioyment of adioininq property.
Page 33 of 68
5 Amended:
4 Amended: 2/19102 f^~'~
3 Amended: 9/4/01 W
2 Amended: 8/7/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterviUe Ord. #4
C. All qarbaqe containers shall be screened with a suitable enclosure.
D. Everv qarbaqe or rubbish container shall be maintained in as sanitary condition as is
possible and shall be thorouqhly cleansed as needed. If, upon inspection by the
Administrative Authoritv 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
of the container within fifteen (15) days. All container enclosures shall also be kept
in good repair.
LoadinQ Facilities 4.N1-.of>,f)/ ~
Loadina facilities shall be on the side of rear yards. When adjacent to and/or visible from any public
street. such facilities must be adequately screened.
StoraQe
For the purpose of this zonina district. car, vans and pick-up trucks parked outside and used by
employees and/or visitors in the normal course of the business operation will not be construed to be
outdoor storaqe. Further. outside parked trucks and semi-trailers used in the normal business commerce
will not be constructed to be outdoor storaqe: CoN>5'T'R.WU::>
A. Provided that the total number of trucks and semi-trailers does not exceed the
number of docks and/or bay doors. and
Such use is not cg~~~u~s an operation listed as a conditional use in anv
industrial zones
B.
Permitted Uses/Uses Permitted on Special Use Permit5
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing. warehousing, distribution, processing, packaging, assembly and
research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit required)
G. Mini-Storaqe (Special Use Permit Required).2
H. Kennels (Special Use Permit Required)5
Page 34 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: sn /0 I
I Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord, #4
8pesial Reqt:lirements
T~6 st@raf36 af Sl;If3l3liSS, J9rS81=.J8te, ',,'sl9isles, S~t:liF1FA6At sr stAer materials 8AallBe 1:8f3t ir:H;!eaf-8 l;IFlle83
letaH)' 86rssAsa Hem J3l;1SIiB rights sf i.\'SY aRa aaja88f:lt fJrSJ3srtiS8. ,^.aEJIt erisf:ltatea Bl;Isif'l6SS6S afe
reEll:Jlate8 s8(3srately BY City OraiR8ABe5.
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.
8. 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.
\lI/l~ DOfi.-S ~
SIK! g,#~ 'L.~
(;)~,f2.-r\ ) ,r<( '(
'If ~lC,rr
6"
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.
Page 35 of 68
~6 ~~
\)O~7 [;I~\ri \ .
~ City ofCenterville Ocd. #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.
5 Amended:
4 Amended: 2/19/02 _~_."
r ..
3 Amended: 9/4/0 I ~ .,
2 Amended: 8/7/01
1 Amended: 1130/01
Effective 9/5/00
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 Djstrict 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 90: ParkinQ Requirements
The following table illustrates the minimum number of parking spaces required for various uses permitted
in the City. The City may modify minimum parking requirements in the M-1 District, as part of the Site
Plan Approval process, if it is determined that the use is consistent with the purpose of the district and
street parking is sufficient to accommodate the use.
Uses
Minimum ParkinQ Required
Residential................................... 2/dwelling unit
Churches ..................................... 1/3 seats in largest assembly
Schools ........................................ 1/c1assroom plus 1/3 seats in largest assembly
Page 36 of 68
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 area-
Car Washes ................................. 5/stacking per bay
Drive-Up Restaurants .................. 5 Stacking plus 1/3 seats
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817101
1 Amended: 1130/01
Effective 9/5/00
City ofCcnterville Ord. #4
Division 95: Commercial Exterior BuildinQ Materials
Except; as otherwise regulated herein, the exterior wall surfaces of all new or expanded commercial
buildings shall consist of face brick, finished block or other textured masonry product approved by the
Planning and Zoning Commission. Exceptions to all masonry exteriors may be considered and approved
by the Planning and Zoning Commission provided the following findings are met:
A. The combination of exterior materials is used as an architectural compliment to the
structure.
B. The combination of exterior materials used is not inconsistent with the quality and
appearance used on similar buildings in the same zoning district or neighborhood.
C. Site conditions limit public exposure to certain exterior surfaces where masonry
products are not proposed.
D. An exterior wall may be temporary and a future expansion area of a structure and be
subject to removal or redesign as an interior wall.
Buildings are required to have contrasting architectural features and must be designed to be aesthetically
pleasing.
Division 100: Industrial Exterior BuildinQ Materials
Industrial buildings are required to be constructed of brick, decorative block or approved textured
masonry product. Pole barn type buildings are not allowed. Buildings are required to have contrasting
architectural features and must be designed to be aesthetically pleasing.
ivision 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
Page 37 of68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: 1130/01
Effective 9/5/00
City of CenterviIIe Ord. #4
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.
Division 110: Siqn Requlations
See Ordinance #39.
SeatisR 119 919; Ceneral Prsvisi6tl5.
^
. ..
Si~19g are jDr€lflilJitsei '?:itf;liA tMe f3l;;lBlie ri@Mt €If '.V8)' er aSSSffi8Ats 6):eSf3t t198t tMe CitJ'
CSI=JF16i1 may ~raf-lt a SJ3eeial Use rermit fa 168ate 8i~AS 8f.1d aS86ratisAS @A sr
'/:itfiliFl t~e ri@At !3f '.\'8)' far a s138sifiea tirllS.
Page 38 of 68
5 Amended:
4 Amended: 2/19102
3 Amended: 9/4/0 I
2 Amended: 817/01
I Amended: 1130/01
Effective 9/5/00
City of CentervilIe Ord. #4
13. rla8AiA~ aiEJF18, ff-1stiSft 8i~r98 ef siFflilar se';ie6S eRal1 Be ~rBAiBite8 iA all ~i8trigt8,
a;(Be~t 31313fflvea tr-afflB sifJFJsl Ba....i888.
C. If-Itefiar illt1FAi~atea Si~R8 are ~8rfflittsej iF! all aistFiets SH€6I3t nSSieJeRtial. ,^,II
iJ/uffiiRatea si~f-l8 sftal1 AB',,'e a 8Rjalefca Ii!3Rt SBt:JrBS.
D. OusiR6ss si~As sAall Flet Be I3siFltsa. attaB~s€i, @r il9 aMY mSMJ9Sr affi:{sa 16 trees,
."'G8Ics Sf simj/a.~ RatClr-a1 sl;:Jr:tsass. PJs aigflB sf 8R,' t),138 sRaH at paiHtes gif8etlr BR ts
tt"18 rBef @r tRe siess 8f a 6t;jilaiA@.
C. SigfflS ViR iSM jf-HBRa.~e ~':itA tM0 aBility' Bf':sRisle eps."'at6fs Sf ~Sds8t."'iaFls t8 Bee tmffls
si@Aal81 sr wi9iei=1 iffij:3eds tAe '~'isjeFl 0f tfaffig 6)' v8i=1igls B~erat8r8 13r (']e~e8tl"iaA8 are
prslolieite8,
r. \},/311 Si!3Fl8 ffitJst 66 ff10uFlte€1 to tRe wall iA a I3lsFls flsrallel te tAe \\'811 BRe Flet
perfJsFI€!isl:.Ilar sr preje8tir=l~ freFfl IAS viall.
C. Si~r=l8 BRslI A€H ~rejsgt 86e1'i6 U'IS r613flir=l6 sf SAY stFlJ8tufe \viU~elJt tRe iSSl:J8R86 effi
~~esial Use rsrmit.
II. ~Ja 8i~A sAall j3AfSisslly 6Bstrl:Jet BAY 'i\~fl80W, firs 8e6sfJ6 sr afJ8F1iflEJ iFitsFI€lsa t8
~rer:i€ie sFitry Sf 8)dt t6 elf'll' strl:.lstEJfe sr Bl:lil€!iAgf sr l3ui9lis wsy.
I. .~,II 6i~A6 aAS si!3F1 stfl;lettJrS8 8Aall Be ~rsre)(9f-ly lllaiFltaiAeEi if! a safe, eraefly S6A€litisf1
at all times, iAell:leiA~ tHe replaeemsAt sf aefeeti'/8 J38R:S, eleaMiFlEJ BAa etAer iteffis
rSEll::JiFSa fer tR8 maif-ftsfl8AB8 af tAG Si[3fl. VegetatiBf-I Sr-BUAB, iA f.~OAt sf, ~eAiRd, stHl
Hl1€1e.rReath tMB hase af ~r€ll;lFlEi Si@AS far a €!iatsAes sf teA (19) fest sAall Be Reatlf
trimmea aAa free af 'Neess, ana R8 rt:Jl3ijisA Sf eei9fis that 'NE:H;lIEJ SSA8titEJte a fire or
f=1eslt/;1 hazara shall sa l3er::M9ittsa t:.ffl8er sr Mear t~e sisM.
d. ~Je Si!?jR8 may 68 I31as88 SR EJtilitl' f3sles iFl tAe 8effH~ldRity--;
1<. Tt:'Iere FAa)' Be FiS mare tASA aRe iasRtisal 8i~R f3er let iFi a fesiaeRtially z8AeH~ area.
Seetiol'l 111111211: Permittee Sigl'ls.
,^,. Camf}ai~A Si~Fi8 ~a3te8 BY B8Fl8 flae 68A€liaates for Flslitisal a#is8 sr 6,' a tlsrsoA er
f3ral;ll3 J3rsFflstiAE) t3 fHJlitiesl issLle fer a st3Aaiaate may Be ~la6ea ifl Sfilj €listriet
stlhjeet t6 tAe rSfll;Iirern6Rts sf tRe e!istriet. CaFflFlai~Fl Si@Jf:l8 may 66 138stef:'! fer a
I3sriBa Fiat t8 ~n~geea si:di' (@9) €lays SA€! sAall 88 relT1erw'SS ':;itAiFl 88';619 says
fellewiA!j the 88te €lf t"'e efeeti€lf1. Of1i)' €lAe Si!jA per €lsA8i€!ste ....ill !le sli€l',vB€! per
I6f,
13. T6fflf)Of8l)' eaAAers SMa 136FiflBflts eml3f€ljs€f fer @rsA8 a~eflifl~ ef Ol:JSiFleSS
Page 39 of 68
5 Amended:
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: 817/0 I
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
0stal91i8l=1ffi8Flts, S~6Bial 6\'6FltS 8A8 Reliaays sAall 88 FSm€r:ea '::itRiR f€H:JR6SFl (11)
days after sueR SA €3J38AiFl[3, 6\'eRt sr A@Ii€lay. I3s.AFleFS 6r ~eAAaRt8 \\'1=1;61=1 Bfa aA
iRtsgral fJsFt of tRe €tesi@A Elf areAiteettJre ef a Btlil€lifl~ are ~erffiitted.
C. OAe teffiJ3E1f-8rJ' ifleAtifieati€lA SiEJA, 86ttif1@ feFtFl tAe Flame af 11-'18 f)rajegt, aref:lit@st,
cngiA6er8, €J0Atrsetafs, f)lallfleFs ClA8 fiRaA€iA@ sgsAeiss, FAa)" se iAstall6s at a
G6Astfl::J8tieR site iF! aM)' eJistriet fflr tA6 f]sriea 6f eerH~trl::JetisA. TAe SigA area sf a
teFAfH~F-aJ)' iasJ=ltifieatiall si!31l sRall A@t e;H~ee€J tfilirty fi':e (28) Bffblsre feet.
D. If! af-l)' sistriet, eAe tSffil3efBf)' n~al estate Si~A may Be ereeteeJ fer tRe f)l::JrFJsse at
36',,'eff:i8ifl~ tAe lease sr sale Elf FJfe~eR)' tlF16A Vo'19ieA it is Fllaescl. Oftl)' @AS stJeA siElft
sAal! 66 flermitte€l fler street frsAtS!3e. Sl:lg~ si!3f! 3A311 be rerf-1(~r:ed '.vitfiiFl se':SR (7)
88)'8 fells\vift~ lease sr sals.
E. O~Gf-I MelclSS sr etMsr teml3€lFsry 8i~f-I8 tl1at are fj1B€68 SAd reH9=ls':ed SA tfile same
~
T~e ff1s)~iffH:Jffi size af 8tl6M Si~AS fur eaGA distriet is as fellf:l\vs:
Ils8i€:teAtia! DietriBts 13 .................................................. Ten (19) effie/are feet
.^.~fi6tfltur0 8FH1 rlclhlie.'lflstittJti@Aal Distriets 13 .............. Trw'sAt:,' five (26) S€Jli8rs feet
CemFA8F8iaL'IA€ltlstrial Distriets 13 ................................. TRiA:,' t\"/€J (32) Sql:l8f8 feet
SleetisR 11 Q 9aO: PaFtable Eig"s. raFts61e ei~A8 are Flre19i8itea if! F6Si€JsAtial sistFists. r6ff8Ble Si~A8 iR
all ether DistFiets are allerse€J '.vitA !3ermit as apeeitieslly 8Elt1geriz8a sslevw', reFl:able Si!3f-18 l:Jee€l fur tMe
j3l::Jffj€H3e af etirestiFlEJ U~e f3l:Jslie '.vill ~s Fl8fmitte€t Stf6jeet ta tf=1e mll€l'(o'ift~ 8€lAsitieA8:
^
, "
Saia Si@A is €H9iF1si€16Atal t6 sr usea if-! e6Ajt:HletisFl 'lIitA a Fllclslfe fl::JAetisA; sAd
B.
Eai€I si!3Fl is l:JBea felf a 6~8eiall9usiAeBs t3femeti131l sr evsAt; sAd
D.
Tlge Flerieef €If l:Jse fer Bl:Jel=l a Si@A BAall Fl@t s::eeea feElReSFl (11) eeRs6etJth's €tays;
aM
D.
PJe bl;JsifleS8 FAa:,' FIeri'S mere t198Fl si;~ (€) e~e€ial f3femetisA8 Sf e'w'Sr=lts f3eryeBr; etAS
c.
rort8~ls si!3RS ma:,' Ast e)~8esef ei!3At)' (80) g~l:Iars feet.
SestiOA 119919: CempreheAsi.;e &igA PlaA ReqMired. ,I}. C6ffl~r8AeFlsi'/e S;i~f1 rlSA is rS€Jtlires at tA6
tir=Fl8 sf rlaFlRiAgJ Elll8 Z€lAiA@ CeFAmissieA reviErA' sf 8R)' ~rs~eseeJ Ce~ffief8ial @r iAat:lstrial €I0vele~ffieAt.
Selia ~ISA SMail ifH:fieate tRe I€H~ati€lM, size, AeigAt, seier, /igJMtiA~ BRa erieAtBti€lr=1 sf all f3rOFl€lSea si@l1s SAC:
SA all ~e s/clbFAitte€l fer s~~ffrlal flI:JfSbJ8At tf; tlsls r6!3ldlatiElFl8 sf the City sf eSRtefv'illa.
/.. TRe mlltr^,iR~ si!3AS are Flsrrnittea iF! tAe rtesietel9tial ailS, rl;fslie.'IAstittltisMSI Distriets:
Page 40 of 68
5 Amended:
4 Amended: 2//9/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5100
City ofCenterville Ocd. #4
1. tJame Plate SigRs: ORe (1) si~A Aet ts 6}~eee€t r.ve (2) 8~t1are
feet iA BraG} ftlr SagA Sil9!3le ramily, €IetaeAS8, 8\V6I1iA~ 6r she
(6) 8€1l;1Sra feet iA area fer ea6R r~1l;1ltj~le faf'Rily aFlS
rliBlislrf1stitl;lti0AsllgJlslil€liFl[3. Saia Aamst3lste sRall in€1'isste snly
198ffi8 BAa aaarS8B.; BAd
2. Ptddia, Institutional, ans Resreatiortal SigAS: OMS Bi!3f'l €1r
Bl;;1l1etiA Bears f1er street freFlta~6 fer 88B~ f3lsrmittea 1;;188 if-l'ssiel
distriet, flreviEtea Baia SiEJA 81::\811 Aet s:u3sa€'1 fifty (aD) 6eJGlara
feet 11'1 area al'ls sAe" l:Je f'llaeer;i Elloftsiae Elf tAe street FisAt Elf
way '~'itR tRe e)~BefltisA sf iRe seAter
ialsfla aA~ sRall R6t e;(seea w:eL-e (12) feet ifl haigt9t; afH~
2. Area loentific8tien Sign: OFlE (1) 8i~R r=let t8 e:u3ee€f t;~'eAty
H3ldr (21) B~t1are feet ifl area far SISleR (3laFlf1s€f resi€leH~tial
€listriBt 6ntFaABS, flFS\'iaea sa sa Si@A is RSt fJlaaea 'wl:itRiFl SRi'
street ri~l9t @f /w'SY BAa saes Flet e)(seee1 teA (1 G) feet ifl Aei~l9t.
D. TAB f~lIa\'w'iAg SigAS Bfe f38f-fRittea if-! tlia Csmmarsial Bf-lB If-lat:.Jst.~ial Dist.~iB!s:
1, 'Nail Signs: ')\'all sif3ns afe l3ermittea SA eae~ f3l;Jslie street
SJ(FlSBl::lfe Sf 13t;J~liB parr(jA~ SJ!fHJ811re fJfa~'ia8a said Bi~rlaga
€tees fl6t s:{seea teR (3en3er=lt (1Qq~) sf aaia wall area; aRa
2. fres StaRsiRD gigAS: CAe (1) tree staMsif-lgJ sigJf-I fie; st.-a at
frer=ltaE)e J3reviaea, t=:Il3we'w'sr, said Si@A aees Rot eJ~aee€J eiEJRty
(g9) s€1t1Bre feet iM area ar:H~ t'Ner=lt']. (29) feet iA J:.1eigJht; aFls
2. Area Ielentifieatiefl Signs: One (1) area iaefltifisatieA 8iEJA ig
permittea (3sr street ffaRta~e l3er eelflmereial sr iFlal;lstrial
ae'lslaJ3ffisAt 13 ra\.'ielea , AS'wV8V6f, Baia SigJE9 8€JSS Aat c)tsssel
shcty feur (61) s€1l;;Jare feet iA area aRa f-N8f-lty (2@) feet in
RSj~Rt, aAa is Aot J3lasea witFlil"1 teA (1 Q) feet sf BAY street ri~ht
sf '.vay. 5
Division 115: HeiQht
Section 115-010: Dwellings. No dwelling or other building may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit.
Section 115-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building
may be erected to a height exceeding that specified for the respective district providing:
Page 41 of68
I
! .
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: I/30JO I
Effective 9/5/00
City ofCenterville Ord. #4
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 affront 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. L€lts \',f9isR al9tit SA mere tAB" sf-Ie (1) stFsst 8~all FJn3';i€fe tMe rSfiuirea keAl yar€ls
SIOAgJ sagA street. near i'SH:1 set13a15I~8 gRail Aet Be r6~Jjife€l €1Ft e6FAer I€lts siRes
sj(~a )'8[8 8et13ael~8 af3~ly; aAfJ
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 apply to the frontaQe that is not5 considered to oot be the required front
yard; and'
C. Any principal structure situated on lands contiguous to or abutting any portion of the
public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from
the lake. Where adjacent structures have yard setbacks different from these
requirements, the minimum setback from the lake shall be the average setback of
such adjacent structures to a minimum of fifty (50) feet; and
D. The minimum side or rear yard depths for the following non-residential structures or
uses which abut any lot in any Residential District shall be;
1. Off-street parking spaces and access drives for non-
residential uses - Twenty (20) feet; and
Page 42 of 68
2. Churches, schools and public or semi-public structures _
Forty (40) feet; and
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
1 Amended: l/30/0 I
Effective 9/5100
City of CentervilJe Ord. #4
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
closer than four (4) feet to the side property line; and
D. On a corner lot in any Residential District, nothing shall be erected, placed, planted,
or allowed to grow in such a manner as materially to impede vision between a height
of two and one-half (2 1/2) and ten (10) feet above the centerline grades of the
intersecting streets in tAe area trianqle5 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 the principal building or use, except that
combined or joint parking facilities may be provided for two (2) or more buildings or uses in commercial
districts and in industrial districts, provided that the total number of spaces is not less than the sum of the
requirements for each building or use. The proposed joint parking space shall be within four hundred
(400) feet of the entrance of the use it will serve. A properly drawn legal instrument, approved by the
City, executed by the parties concerned, for joint use of the off-street parking facilities shall be filed with
e County Recorder's office.
Page 43 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: l/30/01
Effective 9/5/00
City ofCenterville Ord. #4
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 Control Agency Rules, Chapter 7080.
A. Permit Required: No person shall install, repair, alter or pump an on-site sewer
system without first obtaining a permit.
B. License Required: Installation, repair, pumping and hauling of private on-site sewer
systems requires licensing per MPCA Rules, Chapter 7080 as administered by the
County.
Division 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.
Section 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 i
kept in containers designed for waste collection and stored in a structure or within an approved enclosed
or screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
Page 44 of 68
provided in this Ordinance.
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4101
2 Amended: 8/7/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
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 oftumes
or gases before the issuance of a Building Permit.
3ection 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
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
3 completely extinguished.
Page 45 of 68
5 Amended:
4 Amended: 21l9/02 r----"
3 Amended: 9/4/01 ~: .
2 Amended: Sn/Ol
1 Amended: 1/30/01
Effective 9/5100
City ofCenterville Ord. #4
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
O yard.
\(' CJ~ 'VI? 1.
"J~ ^ 2.
V'(" n3.
) ,4.
:9 5.
'1 6.
.0 7.
ell 8.
Q
Boat
Camper
Motor home
Snowmobile's
Personal watercraft
Personal Utility Trailer
Ice House
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, ornaments
and monuments; and
E. Temporary storage of materials and equipment during construction and landscaping.
Commercialllndustrial 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
Page 46 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 8/7/01
J Amended: 1/30/01
Effective 9/5/00
City of Centerville Ord. #4
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 Planninq and Zoning
Committee and the City Council.s 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 ManaQement
Storm water shall be managed in accordance with the City's Surface Water Management Plan, National
Urban Runoff Program (NURP) standards for the design of new storm water ponds and the Minnesota
Pollution Control Agency's, Urban Best Management Practices, titled "Protectinq Water Qualitv in Urban
Areas". These standard shall be applied to the review of any proposed development occurring to reduce
non-point source pollutant loadings in 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
Jischarge occurs into any public waters. When natural features and vegetation are not available to
handle storm water runoff, constructed facilities such as diversions, settling basins, skimming devices,
dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using
surface drainage, vegetation, and infiltration rather than buried pipes and man made materials and
facilities. Development should be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Division 145: Wetland Protection and ManaQement
In accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to
wetland areas:
B.
j)6.#1:~~
Permanent natural buffer areas and appropriate erosion control measures be taken
surrounding wetland areas to prevent sedimentation of the wetland; and I A- 'TJf;t
7]1-'5 ($ IN'P= rj,uL. Yov-CAN7' IMPp.oV ~
Wetlands may not be drained or fillerl-"holly or partially, unless replaced by ~()(1-5
restoring or creating wetland areas ~'t least equal public value. Wetland 0/ l>M
encroachment must be guided by the following principles in descending order: ,,~
A.
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
Page 47 of68
5 Amended:
4 Amended: 2/19/02 l<"-~~~'
3 Amended: 9/4/01 f
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 915100
City of Centerville Ord. #4
the affected wetland environment; and
4. Reducing or eliminating the impact over
time by preservation and maintenance operations during the
life of the activity; and
5. Replacing or providing substitute wetland resources or
environments. /
Division 150: Woodland Preservation ,0. fJo~q:( _l1l1z.- _",,~J><~ ~\
-Y-. f( ~n O'+' D ("V\ .
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, "Best Management Practice".
Land disturbing activities shall occur in increments of workable size such that adequate erosion and
sediment controls can be provided throughout all phases of the development. The smallest practical area
of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural
vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies,
wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales.
Division 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
R-1
R-2, 4 & 5
R-2A
B-1
Foundation Plantin s'
None
None
None
1/10 ft. building & parking
area
L
Page 48 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended; 9/4/01
2 Amended: 8/7/01
1 Amended: I/30/0]
Effective 915/00
City ofCentervil!e Ord, #4
M-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
1-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
P-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
1 Trees shall be deciduous and planted at the boulevard, except on cul-de-
sacs where one of the required trees may be planted off the boulevard
but in the front yard area.
2 Trees shall be deciduous. Unit exposures with street frontage shall be
planted at the boulevard.
3 Tree spacing must include trees at the boulevard at minimum fifty (50)
foot intervals.
4 The calculation for the number of foundation plantings is based upon one
(1) planting for each lineal foot of building perimeter and parking lot
perimeter. Plantings may be grouped rather than dispersed at ten (10)
foot intervals.
5 The required number of trees is based upon a minimum of eight (8) trees
or one (1) tree per three thousand (3000) square feet of site area,
whichever is greater. Tree spacing must include trees at the boulevard at
minimum fifty (50) foot intervals.
Section 160-020: Minimum Standards.
A. Overstorv Trees:
1. Deciduous Trees: Two and one half (21/2) inch caliper
planting size, balled and burlapped.
2. Coniferous Trees: Six (6) feet in height planting size, balled
and burlapped.
B. Foundation PlantinQs: Coniferous and deciduous shrubs shall be planted at a
minimum of one-third the mature spread and height of typical growth habits.
C. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering
trees.
D. Overstorv Mix: When multiple quantities of overstory trees are required, at least
seventy-five percent (75%) of the trees required shall be deciduous trees.
E. Hardiness: All landscape materials proposed shall be consistent with Minnesota
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Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant
to snow storage, exposure to salt and sun scald in parking areas.
F. Diversification: In any development in which at least eight (8) overstory trees or
foundation plantings are required, at least three (3) varieties of boulevard trees are
required on each side of the block.
G. Warranty: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 165: Off-Street Parking
When a building is enlarged, additional off-street parking shall be required only with respect to the
additional usable floor area. Parking spaces may be located on a lot other than that containing the
principal use with the approval of the City Council.
Section 165-010: Change in Facilities. An off-street parking area shall not be changed to any other
use until equal facilities are provided elsewhere. No parking area used or designated in connection with a
building in existence on the effective date of this ordinance shall be reduced to provide fewer than the
minimum number of parking spaces required under this Ordinance.
Section 165-020: Off-Street Parking and Loading Zones. No building shall be hereafter erected,
substantially altered, or its use changed unless off-street parking and loading spaces have been provided
in accordance with the provisions of this ordinance. The number of off-street parking spaces provided
shall be at least the minimum number provided in the schedule contained in this Section.
Section 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 ).
Section 165-050: Uses Not Mentioned. For any use not specifically mentioned in the schedule of off-
street parking and loading requirements, the number of spaces required should be that required for that
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use named in the schedule which is determined by the Planning Commission to be most similar.
Section 165-060: Spaces For Five or more Automobiles. Parking areas consisting of five or more off-
street parking spaces shall have individual spaces so marked and shall be so designed, maintained and
regulated that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley
and so that any vehicle may be parked and unparked without moving another.
Section 165-070: Improvement and Maintenance. Required parking and loading spaces, together with
driveways, aisles, and other circulation areas, shall be improved in such a way as to provide a durable
and dust-free surface. All parking and loading areas shall provide for proper drainage of surface water to
prevent the drainage of such water onto adjacent properties or walkways. The owner of any parking or
loading area shall maintain the area in good condition without holes and free of all dust, trash, and other
debris.
Section 165-080: Access. All off-street parking areas shall have access from driveways rather than
from public streets, said driveway access shall be limited to twenty-four (24) feet in width at the public
street line.
Jivision 170: Buildinq 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.
Division 175: SoortinQ, 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
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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,
departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
Planned Unit Development Districts to achieve:
Subd. 1:
Subd. 2:
Subd. 3:
Subd. 4:
Subd. 5:
A maximum choice of living environments by allowing a variety of
housing building types and permitting an increased density per acre
and a reduction in lot dimensions, yard, building setbacks, and area
requirements; and
A more useful pattern of open space and recreation areas and, if
permitted as part of the project, more convenience in the location of
accessory commercial uses and services; and
A development pattern which preserves and utilizes natural features,
trees and other vegetation, and prevents the disruption of natural
drainage patterns; and
A more efficient use of land and a resulting substantial savings
through shorter utilities and streets; and
A development pattern in harmony with land use density;
transportation facilities, and community facilities objectives of the
comprehensive plan.
Section 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:
The development shall be planned so that it is consistent with the
Centerville Comprehensive Plan; and
The PUD is an effective and unified treatment of the development
possibilities on the project site and the development plan provides for
the preservation of unique natural amenities such as streams, stream
banks, wooded cover, rough terrain, and similar areas; and
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Subd. 3: The planned unit development proposal appears to harmonize with
both existing and proposed development in the area surrounding the
project site; and
Subd. 4: 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
Subd. 5: Each phase of the proposed development, as it is proposed to be
completed, is of sufficient size, composition, and arrangement that its
construction, marketing, and operation are feasible as a complete unit,
and that provision and construction of dwelling units and common
open space are balanced and coordinated; and
Subd. 6: The PUD will not create an excessive burden on parks, schools,
streets, and other public facilities and utilities which serve or are
proposed to serve the district; and
Subd.7: The proposed total development is designed in such a manner as to
form a desirable and unified environment within its own boundaries;
and
Subd. 8: The plans required under this Section must be submitted in a form
which will satisfy the requirements of Ordinance #8 for the preliminary
and final plans; and -?
.
Subd. 9: Permission to develop specific parcels of land under the provisions
which follow shall be binding on all construction. Any change in the
development plan after approval by the City Council shall be
resubmitted for consideration; and
Subd. 10: Subdivision review under the Subdivision Ordinance shall be carried
out simultaneously with the review of a PUD under this section of the
Zoning Ordinance.
Section 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
cated. 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
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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.
Section 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
development.
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 anq
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.
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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 industrial
building line and all intervening spaces between buildings, drives, parking areas, and improved areas
shall be landscaped with trees and planlings 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 of this Ordinance and the criteria and standards contained in this
Ordinance and to familiarize the developer with the City's Comprehensive Plan, including the land use
plan, the major thoroughfare plan, and the parks and Open Space plan, and with the subdivision
regulations and the drainage, sewer, and water systems of the City.
Section 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 for which the PUD is proposed. The application shall be accompanied by a certified check or
money order to cover the costs incurred in checking and processing such plans in an amount affixed by
resolution of the City Council. The application with accompanying Outline Development Plan shall be
submitted in twelve (12) copies and shall include: ~..r-v .f) f r~?
. . Ie. c."p,1Z-S IfV o~ftJCk-.5 . f ".
A. A viCinity map at a scale of one (1) Inch equals two hundred fifty (250) feet shOWing
property lines, existing streets, existing zoning, and such other items as the Planning
and Zoning Commission may require to show the relationship of the proposed PUD
to the Comprehensive Plan of the City, to existing schools and other community
facilities and services, and to the surrounding area; and
B. A preliminary plan of the PUD in schematic form showing the following:
1. The existing topographic character of the
land; and
2. A composite of all natural amenities of the site including steep
slopes, drainage ways plus marshes, ponds and lakes; and
3. The size of site and proposed uses of the land to be developed
together with an identification of off-site land use; and
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4. The density of land use to be allocated to the several parts of
the development; and
5. The approximate location of thoroughfares; and
6. The location of common open space including public schools,
parks and playgrounds or private natural preserves; and
7. The off-street parking system.
C. A written statement including the following:
1 . A statement of the ownership of all land involved in the PUD
together with a summary of previous work experience; and
2. An explanation of the general character of the planned
development; and
3. A statement describing the ultimate ownership and
maintenance of all parts of the development including streets,
structures and open spaces; and
4. A statement describing how all necessary governmental
services will be provided to the development; and
5. The total anticipated population to occupy the PUD, with
breakdowns indicating the number of school age children,
adults and families.
D. The proposed schedule for the development of the site.
E. A statement setting forth the reasons why, in the opinion of the applicant, the PUD
will be in the public interest and consistent with the objectives specified for PUDs by
Section 51. ~ig NO ,<;fi.0n0NJS J
0R. (Jj" I S c6N 8 J
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
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as it may suggest and shall transmit its recommendations to the City Council.
In its recommendations the Commission shall determine whether the
proposed PUD is consistent with the objectives for PUDs specified in Section
51 and with the Comprehensive Land Use Plan of the City; and 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.
Section 180-170: PUD Agreement. The Zoning Administrator shall instruct the City Attorney to draw up
a PUD Agreement which stipulates the specific terms and conditions approved by the City Council and
accepted by the applicant. This agreement shall be signed by the Mayor of the City ofCenterville,
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, Jot layout and off street parking and loading
plan; and
2. The use, height, bulk and approximate location of buildings and
other structures; and
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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 of the development and
any of its common open areas; and
3. Other conditions specifically required by the Commission and
the Council for the particular PUD.
Section 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 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
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completed, and it may attach such other conditions as seem necessary. The final development plan shall
be in general conformance with the preliminary development plan as approved.
A. Criteria for Approval. The findings necessary for approval of both the preliminary
and final development plans shall be based on the fOllowing and describe in what
respect the plan would or would not be in the public interest.
1. The plan does not conflict with the Centerville Comprehensive
Plan.
2. The plan is designed to form a desirable and unified
development within its own boundaries.
3. The proposed uses will not be detrimental to present and future
land use in the surrounding area.
4. Any exceptions to the standard requirements of the Zoning and
Subdivision Ordinances are justified by the design of the
development.
5. The plan will not create an excessive burden on parks,
schools, streets, and other public facilities and utilities, which
serve or are proposed to serve the PUD.
B. Non-Compliance. In the event the plan as submitted for final approval is not in
substantial compliance with the preliminary development plan, the Planning and
Zoning Commission shall notify the applicant within forty-five (45) days of the date of
aJP'ication, setting forth the ways in which the plan is not in substantial compliance.
Ir~ /.'VI /)
-..tl()~ (~\liV 'ii.The applicant may treat such notification as denial of
'\ r.l. \ ~.,. /It preliminary approval; or
~ ;-"tb 002. The applicant may re-file his plan so that it does substantially
~ .;v comply with the outline development plan; or
. \p V' 3. The applicant may file a written request with the Planning and
~ Zoning Commission that it hold a public hearing on his request
for final approval. Any such hearing shall be held within thirty
(30) days after the request for such hearing. Within forty-five
(45) days of such hearing the Planning and Zoning
Commission shall either grant or deny preliminary approval to
the plan.
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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.
Section 180-220: Annual Review.. The Planning and Zoning Commission shall review all PUD Districts
within the City at least once each year and shall make a report to the City Council on the status of the
development in each of the PUD Districts. If the City Council finds that development has not occurred
within a reasonable time after the original approval, the City Council may instruct the Planning and Zoning
Commission to initiate rezoning to the original Zoning District by removing the PUD District from the
Official Zoning Map. ~ 15 t'C<fl j?~1-1'Q6 DON1L
Section 180-230: Amendments. Amendments may be made in the approved final plan when they are i
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 180-240: Completion. Completion of the PUD shall be certified by the Planning and Zoning
Commission on the Final Development Plan. Thereafter, the use of land and the construction,
modification, or alteration of any buildings shall be governed by the approved Final Development Plan.
Changes may be authorized only under the procedures provided below:
A. Minor extension, alterations or modifications of existing structures may be
authorized by the Planning and Zoning Commission if they are consistent with the
intent and purpose of the final plan and do not increase the cube of any building or
structure by more than ten (10) percent; and
B. Changes in the use of common open space or the replacement of any building
substantially destroyed which exceeds the intent and purposes of the Final
Development Plan may be authorized only by amendment to the final development.
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Section 180-250: Site Improvements. At any time following the approval of a Development Stage Plan
by the City Council, the applicant may, pursuant to the applicable codes of the City apply for, and the
Zoning Administrator may issue, grading permits for the area within the PUD for which Development
Stage Plan approval has been given.
Section 180-260: Construction. The construction and provisions of all the common open spaces and
public and recreational facilities which are shown on the Final Development Plan must proceed at the
same phase as the construction of dwelling units. At least once every six (6) months following the
approval of the Final Development Plan, the Zoning Administrator shall review all of the Building Permits
issued for the planned development and examine the construction, which has taken place on the site. If
he/she shall find that the rate of construction of dwelling units is greater then the rate at which common
open spaces and public and recreational facilities have been constructed and provided, he shall forward
this information to the City Council, which may revoke the PUD Permit.
Section 180-270: Maintenance of Common Open Space. All land shown on the Final Development
Plan as common open space must be conveyed to homeowners association or similar organization for
the maintenance of the planned development. The common open space must be conveyed to the
homeowners association or similar organization subject to covenants to be approved by the City Council
Nhich restrict the common open space to the uses specified on the final development plan, and which
provide for the maintenance of the common open space in a manner which assures its continuing use for
its intended purpose.
Section 180-280: Homeowners Association. If a homeowners association is created, the applicant
shall submit plans at the time of final plan of development and documents whi~h explain:
A. Ownership and membership requirements; and
B. Articles of incorporation and bylaws; and
C. Time at which the developer turns the association over to the homeowners; and
D. Approximate monthly or yearly association fee for homeowners; and
E. Specific listing of items owned in common including such items as roads, recreation
facilities, parking common open space ground, and utilities.
Division 185: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
3riance 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
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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 District boundaries;
and
B. Variances: Recommend variances from literal ordinance requirements in instances
where strict enforcement would cause undue hardship because of circumstances
unique to the individual property under construction.
Section 185-020: Variance Procedures
A. Applications provided by the City must be completed in writing prior to any
consideration of Variance Petitions. Fees for Variances are established by
resolution of the City Council.
B. The Board of Appeals and Adjustments may require the applicant to provide copies
of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and
consideration of variance petitions.
C. After filing an application, the City Clerk shall set a date for a public hearing. Notice
of the hearing shall be posted and published at least ten (10) days prior to the date
Page 62 of 68
5 Amended;
4 Amended: 2119/02
3 Amended: 9/4/01
2 Amended: 8n/Ol
1 Amended: 1/30/0 I
Effective 9/5/00
City ofCenlerviUe Ord. #4
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
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.
Page 63 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
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 shall have the power and duty of hearing and deciding appeals
where it is alleged that there is an error in any order, requirement, decision or
determination made by the administrative officer, enforcement officer, or by the
Planning and Zoning Commission in the administration or enforcement of this
Ordinance.
C. Procedure. An appeal for Administrative Review may be taken to the Council by
any person, firm or corporation or any city officer, department, or agency affected by
an adverse decision in the administration or enforcement of this Ordinance. Such
an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof
with the Zoning Administrator, and the Council within thirty (30) days after the
decision. If the Appeal is not taken by the owner of the property, which is the
subject matter of the decision appealed from, the Notice shall not be so filed until
after it has been served upon such owner either in person or by mail. The Zoning
Administrator shall forthwith transmit to the Council all papers constituting the record
upon which the action appealed from was taken. An Appeal for an Administrative
Review or a Variance stays all proceedings, including criminal proceedings in
furtherance of the action appealed from unless the Zoning Administrator certifies to
the Council that by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property. In that case the proceedings shall
not be stayed otherwise than by a restraining order granted by a court of competent
jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal
to it from a decision of the board set a date for hearing thereon, which shall be not
iate 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,
Page 64 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/0 I
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City ofCentervillc Ord. #4
when such uses are not permanent and when such uses meet appropriate conditions and performance
standards that protect the public health, safety and welfare.
Section 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 Section 7.03 of this Ordinancej,.,lf a proposed interim use is not listed as a permitted interim
use in this Ordinance, a text amendment tb\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
shall 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
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 Councilor by a petition of a landowner or other interested party.
B. Applications provided by the City must be completed, in writing, prior to any
consideration for an Amendment. Fees for zoning Amendments are established by
resolution of the City Council.
C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure
proper review and consideration of any proposed Amendment to the written
provisions of this ordinance or Zoning District Boundaries.
D. After the filing of an application, or initiation by the City Council, the City Clerk shall
Page 65 of 68
5 Amended:
4 Amended: 2/19/02
J Amended: 9/4/0 I (
2 Amended: 8/7/01
1 Amended: 1/30/01
Effective 9/5/00
City ofCentervilIe Ord. #4
set a date for a public hearing. Notice of the hearing shall be posted and published
at least ten (10) days prior to the date of the hearing, and notice shall be mailed to
each property owner within three hundred fifty (350) feet of the proposed Zoning
District Boundary amendments.
E. Upon hearing the request, the Planning and Zoning Commission shall recommend
either approval or denial the proposed amendment and shall state the reasons of
said action. '{'loT j)a NA.. 31tow..D f,.iZ- ~ ffp~
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 shall thereafter make such recommendations on the proposal to the Council
as it deems advisable. Upon receipt of such recommendations, the Council shall hold whatever hearings
it deems advisable and shall make its decision upon the proposal to grant a special use permit.
Section 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. If the Planning and Zoning Commission recommends
denial of a Special Use Permit or the Council orders such denial, it shall include in its recommendations
or determination findings as to the ways in which the proposed use does not comply with the standards
required by this Ordinance.
Section 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 of the surrounding area or the city as a
whole. Violation of any such condition is a violation of this Ordinance.
Section 200-050: Expiration. If substantial construction has not taken place within twelve (12) months
after the date of a Special Use Permit, the permit is void except that on application, the Council, after
Page 66 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01 (
2 Amended: 817/01
I Amended: 1/30/01
Effective 9/5/00
City ofCenterville Ord. #4
vielatisR sf tftis OrcliAl3R€S, iRe City Cst:JR€lil, iR aa€fiti6Fl 18 stfter reme€tiss, may
iAstitl::.lte iA iRe Rame af CSflter'/ille SAY a~FlfBl3riate satiBA Sf f1ra8ee€Jif-l~S t6I3fe',,'8At,
restraifl, €l€3Freet Sf aBate St;l8M 6I;JiI€tif1~ stf-'t:JBtt;lfe 6r lafl€t, 6r 1s J3re.veAt, iA Sf 8SSl.:Jt
St;lBn {3reffiis6S, SRi" aet, eOASt;lst, 6l.:JsiFl8SS 6r t:1S8 ssr18titutif1@ a ':ielatisf-I.5
Division 210: Fees and Licensing
Fees and licensing provisions, affecting the administration and enforcement of this Ordinance, shall be
established by resolution of the City Council. The City does require payment for its legal, planning and
engineering expenses, resulting from the review of proposed actions in the City. The City Council may
require full payment of fees and out of pocket expenses incurred in the review of proposed actions prior to
taking final action.
Division 215: Effective Date
The effective date of this Ordinance shall be after its passa
ublication according to law.
Adopted by the Centerville City Council this 23rd, day of August, 200~f2-
_ ~ ~ ,LJ fY' wI Lrlrt oR-
~o).;' (\ 3?~ 1. '\NA3 f'/"--A/oNI<==-IU-z.
\~o /' J.-.\. f'rL I
tt'o.r) 0 . ~Jt' QJ Y\ 0 tLl b 1 N flL
;roO fy 61-1 Or t'fO
Published in the Quad Community Press on August 29, and September 5, 2000.
I Amended: January 10, 2001 2.6 J~/.)-
Published in the Quad Community Press on January 30, 200(~
2 Amended: June 27, 2001 ~7 3D
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
~
~
Page 68 of 68
5 Amended:
4 Amended: 2/19/02
3 Amended: 9/4/01
2 Amended: 817/01
1 Amended: 1/30/01
Effective 9/5/00
City Df Centerville Ord. #4
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 or fails to comply with the provisions of
this Ordinance shall be guilty of a misdemeanor and upon conviction may be punished to the maximum
extent allowed by law. Each day a violation exists constitutes a separate offense.
SestioA 295919: Flesp0Rsibility af Cit~ Clerft. ISSI;J8 Bui/€liAg J38Ff-flits 8F18 0elleet tAe fees ae
:stal3li3t1e€l ~:; FS8SltttisFI gf t~e City CSttABil.
^
, ..
P.1aiAtaiA fl8rm8fl0At SA€! gElrre~t r8€en1a fleF-taiAiA!l te tRis Or€fiA8Asrs, iAeltt€liAg e~t
Aet IiFAite€l ta; p"1a~6, t,mefH1Ff1eAts, Sflssial Uses, \'sriafl868, 1^.~f3eaI8, rUDs, Ems
afl~li6atieA6 t~eref6fe,
8,
nssei';e, file, aAe fgpNsre1 a~flIi6atit3f-18 fer }',Flfleals, '/ariaA€SS, 8J3ssial Use ren~it8,
sr atAer aetisA ts tAe a~FJreflriate sffieial 8!9aiss,
c.
rnr/ise elerieal assistaAee t6 tRe Dears,
Seetien 295 929: Respst1sibility sf the [JlfilefiR!J IAsf'eetar. T~e BbliI€lifl~ If-lsFJeetor sAall he @i':eA t~e
8\;ltnerity BAa rSSjSl8Asil3i1ity tel eAfefse all sf tMe ~r€r~'jsi€lA8 sf tftis or€iiAaf.'H~e afIB 8Aall:
t., CAterers tAe fe~t:Jir6mrsFlts sf tRis Or~iFlaF1ee fer I3l;JiI€tiflf3 Sfl€l OgBI;Jf]8F18)' refFflits 8r::1€1
iss~a €If aeRY saeA apFlligati€lA iA aeeor€lSI9158 '^'itA tA6 tJre't/'isisAS €If tAis Or€JiA8Fl15e.
B, COFI(~Jttet iflstgeeti€lPH3 ef 8l:lilf1il9~8 aFH~ tRe !::Jsrs sf laAs te elatermifls eeFflFllieU'186 \vitfil
t~6 terms sf tRis Or€fiA8A15S.
C. t.1alle ressmmel=lSatisAs to tAe CeI::J196il eM tAe il9stitblti6F1 af aFlFlfsf]riate 8etiena €lr
Flro8eesiA~8 fef eflfereemeAt €If tRig OrdiA8f.1BS sFl,^.meFl€fmsAts, 8Fl€l OR SAY etAsr
matteFs felatiF'lf3 t8 tAe 6AferBemeflt af tRis Or€fiF'l8F16e.
0, EflfBfssment Remedies. 1F'l ease ar=:lY ~blile1iA~, strEJ8ttire, €lr ISAs is, er is F1r€lJ3€1ss€J
t8 be ere8tSeC eOAstruBte€l, fS6€lFtstn:I€lted, alterea, 8eF'l':efte€l, maiAtaiRsff or uses iA
Page 67 of 68
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,
CITY OF CENTERVILLE
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE # 3-B
AN ORDINANCE ESTABLISHING A CURFEW IN THE CITY OF CENTERVILLE, AND
REPEALING ORDINANCE NO. 3-A RELATING TO THE SAME SUBJECT
The City ofCenterville, Anoka County, Minnesota does ordain:
1.
Section 1. PURPOSES AND FINDINGS .
1.01 The City Council of the City ofCenterville finds and determines that there has been an
increase injuvenile violence and crime by juveniles in the City ofCenterville.
1-02 Juveniles are particularly susceptible by their lack of maturity and experience to
participate in unlawful activities and to be victims of older perpetrators of crime.
1.03 Because of the foregoing, special and extenuating circwnstances presently exist within
this city that require special regulation of juveniles within the city in order to protect
them and other persons during the nighttime hours, to aid in crime prevention, to
promote parental supervision and authority over minors, and to decrease juveniles
crimes rates.
1.04 In accordance with prevailing community standards, this ordinance serves to regulated
the conduct of minors in public places during nighttime houses, to be effectively and
consistently enforced for the protection of juveniles from each other and from other
persons, in public places during nighttime hours, for the enforcement of parental
control of: authority over, and responsibility for their children, for the protection of
the general public from nighttime mischief by juveniles, for the reduction in the
incidents of juvenile criminal activities for the furtherance offumi1y responsibility and
for the public good, safety and welfare.
1.05 It is the intent of the City Council to review and evaluate the need and effect of
nighttime curfew for juveniles set forth in this ordinance on the incidents of juvenile
criminal activity and protection of juveniles against criminal activity.
Page 1 of 6 December 7, 2000
II
Section 2. AUTHORITY
2.01 This Ordinance is enacted pursuant to the authority granted under Minn. Stat.
l45iL05,Subd.7a(1994)
III
Section 3. DEFINITIONS
3.01 "Authorized adult" shall mean any person who is at least eighteen (18) years of age
and authorized by a parent or guardian to have custody and control of a juvenile.
3.02 "City Council" shall mean City ofCenterville City Council.
3.03 "Emergency" means an unforseen combination of circumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to, a fire, a
natural disaster, automobile accident, or any situation requiring immediate action to
prevent serious bodily injury or loss of life.
3.04 "Juvenile" means a person under the age of eighteen (18) years. The term does not
include persons under 18 who are married or have been legally emancipated.
3.05 "Parent" shall mean any person having legal custody of a juvenile (i) as natural,
adoptive parent, or stepparent; (ii) as a legal guardian; or (iii) as a person to whom
legal custody has been order of the court.
3.06 "Public place" means any place to which the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways, roadways, parks,
public recreation, entertainment or civic fucilities, schools, and the common areas of
hospitals, apartments houses, office buildings, transport facilities, and shops.
3.07 "Serious bodily injury" means bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted loss or impairment
ofthe function of any bodily member or organ.
IV
Section 4. PROlllBITED ACTS
4.01 It is unlawful for ajuvenile under the age oftwelve (12) years to be present in public
place within the City of Centerville:
Page 2 of 6 December 7, 2000
/
A. Any time between 9:00 p.rn. on any Sunday, Monday, Tuesday, Wednesday,
or Thursday and 5:00 a.m of the following day.
2. Any time between 10:00 p.m on any Friday or Saturday and 5:00 a.m. the
following day.
4.02 It shall be unlawful for any juvenile age twelve (12) to fourteen (14) years to be
present in any public place within the City of Centerville:
I. Anytime between 10:00 p.m on any Sunday, Monday, Tuesday, Wednesday
or Thursday, and 5:00 am of the following day.
2. Any time between 11 :00 p.m. on any Friday or Saturday and 5:00 am. on the
following day.
4.03 It shall be unlawful for any juvenile age fifteen (15) to seventeen (17) years to be in
any public place within the City ofCenterville:
1. Any time between 11:00 p.m on any Sunday, Monday, Tuesday,
Wednesday or
Thursday, and 5:00
a.m of the following
day.
2. Any time between 12:01 a.m on any Friday or Saturday and 5:00 am. on the
following day.
4.04 It shall be unlawful tor a parent or authorized adult of a juvenile to knowingly, or
though negligent supervision, habitually permit such juvenile to be in any public place
within the city during the hours prohibited by Paragraphs 4.01,4.02 and 4.03 of this
Subdivision herein, under the circumstances not constituting an exception to this
ordinance as set forth herein. The term "knowingly' includes knowledge which a
parent or authorized adult shall reasonably be expected to have concerning the
whereabouts of a juvenile under such person's care.
4.05 It shall be unlawful for any person operating or in charge of any place of amusement
or refreshment which is open to the public knowingly and habitually permit any
juvenile to be in such place during the hours prohibited by Paragraphs 4.0 I, 4.02 and
4.03 of the Subdivision herein, under circumstances not constituting an exception to
this Ordinance as set forth here in. The term "person operating" shall mean any
individual, firm, association, partnership or corporation operating, managing or
conducting any such establishment. The term includes the members or Partnl\lrs of an
association or partnership and the officers of a corporation.
Page 3 of 6 December 7, 2000
l_
v
Section 5. EXCEPTIONS
5.0 I The following shall constitute valid exceptions to the operation of the curfew:
A. At any time, if a juvenile is accompanied by his or her parent of an authorized
adult;
B. At any time, ifajuvenile is involved in, or attempting to remedy, alleviate, or
respond to an emergency;
C. If the juvenile is engaged in a lawful employment activity, or is going to or
returning home from his or her place of employment;
D. If the juvenile is attending an official school, religious, or other social or
recreational activity supervised by adults and sponsored by a city or the
county, a civic organization, or another similar entity that takes responsibility
for the juvenile;
E. If the juvenile is going home or returning home from, without any detour or
stop, an official school, religious or other recreational activity supervised by
adults and sponsored by a city or the county, a civic organization, or another
similar entity that takes responsibility for the juvenile;
F. If the juvenile is on an errand as directed by his or her parent, without any
detour or stop;
G. If the juvenile is engaged in interstate travel;
H. If the juvenile is on the public right-of-way boulevard or sidewalk abutting the
juvenile's residence or abutting the neighboring property, structure, or
residence;
I. Ifthe juvenile is exercising First Amendment rights protected by the United
States Constitution (or those similar rights protected by Article I of the
Constitution of the State of Minnesota), such as free exercise of religion,
freedom of speech and the rights of assembly; or,
J. If the juvenile is homeless or uses a public or semi-public place as his or her
usual place of abode.
Page 4 of 6 December 7,2000
9.01 If any court of competent jurisdiction shall adjudge any provisions of this ordinance to be
invalid, such judgement shall not affect any other provisions of this ordinance not specifically
included in said judgement.
x
Sectionl0. EFFECTIVE DATE
10.01 The effective date of this ordinance shall be December 1, 1995.
Adopted by the City Council this 21st day of November, 1995.
Signature on file.
ATTEST:
Tom Wilharber
Mayor
Trudi Breuninger
Clerk! Administrator
Page 6 of 6 December 7, 2000
5.02 It is affirmative defense to prosecution under Subd. 4.05 that:
1. The owner, operator or employee of an establisJnnent promptly notilied the
police department promptly notilied the police department that a juvenile was
present on the premises of the establishment during curfew hours and refused
to leave.
2. The owner, operator or employee reasonably and in good faith relied upon a
juvenile's representation of proof of age. Proof of age may be established
pursuant to Minn. Stat. 340A.503, subd. 6, or other veriliable means,
including, but not limited to, school identilication cards and birth certilicates.
VI
Section 6. ENFORCEMENT
6.01 Before taking any enforcement action under this section, a police officer shall ask the
apparent offender's age and reason for being in a public place. The officer shall not
issue a citation or make an arrest under this section unless the officer reasonably
believes that an offense has occurred and that no exception set forth in Subdivision
5.00 is applicable.
VII
Section 7. PENALTIES
7.01 Violation of Subdivision 4.01,4.02 and 4.03 will be prosecuted pursuant to Minn.
Stat. 260.195 and will be subject to the penalties therein.
7.02 Violation of Subdivision 4.04 or 4.05 shall be a misdemeanor.
VIII
Section 8. CONTINillNG REVIEW AND EVALUATION
8.01 The City Attorney shall prepare and submit a report annually to the City Council
evaluating violation of this section and the criminal activity by and against juveniles
within the city during the preceding year. The first report shall be submitted one year
after the effective date in Subdivision 10.
IX
Section 9. SEVERABILITY
Page 5 of 6 December 7, 2000
O~/O1l2002 FRI 1)9: 49 FAX 6127852859
CITY OF CIRCLE PINES
.
ORDINANce #116-2
Adoptad by County Board AcIlQn on Octllbet 10, 1995
COUNTY OF ANOAA
Mokll COlJnt)', Mlnn...~
JUVENILE CURFEW ORI:J1NAN9lii
The ,~j1C"il. County Soard of Commi~.ionenl Qrdain~:
1.00 PURPOSES AND F1NDINGS
1.01 The Ai'.oiQ County SOMd 01 Ccmmi....ior.e'" fin"", and detllflTllr...~ that Ihere has be..., an
inor........ in jwenil" violence end crime by juvenil<l'l in !he Ccuniy 01 Ar""ka.
1.02 ,juveniles ara pattleuls.rly sU3eapilble oy their lack of mll.turllY'and exp'5rie~"'" 10 participate
In unlawful aciivitJe~ and to be 'Iictim~ of older per~trato~ of orime,
1.03
S,,<;;OlJ'. of 1he tQr"~Qi~~, special and wenuatir,g clreumstanees presently exist wllhJn this
eoumy ti1at require speci:aJ re(JulltiJon 01 juvenile" within 111e C<ll.Inty in order to protec:t them
a.,d 01l1er pensons during ihe nighllime hour3, to aid In crime preveniion, to premote
par~nt.=I supervision U'ld authority ever mino!'O, and to decre".... Juvenile crime r..le..,
1.04
In a<:corCaI108 with prevailing community slal1dard.:a, thIS ordlnanca Serves to r"guJa~ t,..
conduct 01 miners In public places during nighttime hou,,", to be affec:tlvely and ccnsistently
enforced ler the protec'jon cl juvenileo Irom "eh oth"r w from other pers<ll13, in pu~lic
pl..ce.. during nighttime hOlJrn. fQr lh<I enforcement of parenW CQI'\1rol 01, authQrity ov"", and
r.sponsibili~1 lor their children, lor the protedon 01 the general pUblic from nighttime
mlschiel by Juveniles, for ihe ritductlon in the Incidentl oi juvenile crlmil1;L! activiti..., fQr In"
fuMeranoc 01 family reopor1llibility o.nd lor th" public good. slltety and welfare.
1.0~ It is 11110 Intent 01 tI1e Coumy 6eard tc review -nd evaluate the need and effect at nighttime
clll'few tor juveniles set forth In th!$ ordlmlnCl on 111. incidents 01 juvenile criminal ac:tlvity
o.nd protedion of i ""enilo. ..gai~t criminal activity.
2,00 AlITHORITY
2.01 Thi~ Crdin:li"c~ ):1 :(1;a=a~ ;::uriJl.:~n~ t~ lr,~ aLt.hcr.l'1 granted UI"'~Qr ,,,,Iron. St:iU. S 14SAC:e1
s\.Icd. 7a (1994),
3.00 DEFINIT10NS
3,01 'Authorized adult" "hall mean !lilY p..~on whe Is a.l least &ighle..n (1 SJ years of age aJ'ld
authert::ed cy a parent or guardIan to have custody and centrel 01 .. juvenile.
3.02 "County Soard" shall mean the Anoka County a.......d of Commissioners.
3.03 'Emergency' meo.ns an unlcres....n combinator. 01 circumsUnoos or the reouJti~,g slo.te that
calls ier immedlal= actio," Th. term Include., but is notlim~ed 10l, a TITe, a. natur:a1 disaster,
a.utomcbile !ccident, or any sUuation re'l'Jiring Immediate aelion 1<:1 prevent serious bodily
injury or IQ~~ Qf Il1e,
i4I 002
~
I
I
I
0~/01/2002 FRI 09: 50 FAX 6127852859
CITY OF CIRCLE PINES
iii OO~
.
Page 2 QROINANCE #95-1
3.Q.4. "Juveniie' mean~ .. pars"" under 1he age of aigh1een Ii 8) yeats, The lerm dee. n~t include
perscn$ under 1 S whc are married cr have been le..ally emancipated.
3,05 "Parent" 5haJI mean any penson having lil9aJ ousteoy cr .. :uVe~lle in as natural, adoptiv'l
parent. er stepp",ent; (11] all a 1<19:01 guardian; Qr (iii) as a person ie whom legal custedy has
been given by erder of the court.
3.06 "Pui:llc pia",,," meB!1S any placs tc which the public or a ~ui:~tarni!\J group of the public has
,,"CC3SS and Inciudes, but is not limned te, .treet., highw.ys. roadways, parks, public
recroation, entertainment or civic fadliii"", oeheola, and the cornmcn areas cl heapltals,
apartment houses, offic8 buildings, transport tacilltle:a, anc shops.
3~07 "Sericu~ bodily injury" rn.,an= bodily iniurr that creabs a sub"tantlal risk of death or that
caus.s death, serious permanent dl.19gurement, or protracted loss or impairment or lhe
funCtion of any bodily member or ergan.
4.00 PROHIBITED ACTS
4.01 It is unlawtul lor a JUVenile under the age or tweive (12) year. to be present in any public
place wil"ln Anoka County'
A. AM'! time b..tween 9:00 p.m, on any Suncay, Monday, Tuo.day, W..dMesday or
1l'M$dllY, and 5;00 a.m. 01 the follewing day.
S, Any time between 10:00 p.m. on any Friday or Saturday and 5;00 ..m. the lollowing
da.y.
"-02 It sMail be unlaw/ul for any juvenile age twelve i12) to fourteen (H) years te be present in
any p~bjic place within Anokl. County:
A Any ~Im. between 10,00 p,m. on any Sunday, Monday, Toesday, Wednesday er
Ti'lUrsdl.Y, and 5:00 a.m. ollMe following day,
51, ,A.ny'lme between 11 :00 p.m, on any Friday cr Saturday and 5;00 c,m. on t~e
lollowlng day.
4.03 It .hall b. unlawful tor any juvenile age fifteen (15) te seventeen (17) years to be In any
public piace within Anoxa Ccunty:
A. Any time betwoOfl 11,00 p.m, on ~I"IY' SUnday, Monday, Tuesday, Wednesday or
Thur.<lay, and S:OO a.m. of the foUowlng day,
8~ Any time b,,'!ween 12;01 ".m, and 5:IlO a.m. on .ny Saturday or Sunday.
+.'~4 It 5call be unlawiwl tor a parent or autMri4ed adult of . juvenile tc knowingly, or Ihrcugh
negligent .upeNlsion, habitually permli such juvenUF. to be in any public place within ihe
county during the haurs prohibited by Par.gr..ph~ 4.01,4.0:2, and 4,03 oi this Subdivision
herein, under circumstance. not consliiutlng an excepti.:)n to this orclll"lanca as Sat forlh
h8rein. Th.. term "kncwin\jly" include. knowledge which a pareni or auihorized adull shall
reasonably be expec:iad to htolv," cencerning the wher.abcU1s 01 a leN"nile under such
~er!~n's eare.
0,);01/2002 FRI OS: 50 FAX 6127852859
CITY OF CIRCLE PINES
1ilJ004
I>ag.. 3 OROINANCE 1IS5-'
4.05 ft sh:lll Q~ ~niawfuj for ..ny per""n operating or in cnarge of any place 0/ am~MmMt or
refreshment whioh i$ ~pen to Ihe I'~blic to knowingly and haiJitu..ny permil any Juvenile to
be in 5~oM place d~rlng the hou"" prchibilild by Para..raphs 4,01. 4.02, and 4,OJ 01 this
Subdlvlslcn herein, under ci[cum~lat1ces not con:sttluling an ,"xc"otlon 10 !his Ordinance as
set lorth herein, The term "per,;cn operating' shaH mean any Individual, firm, assodation
partnership or corporation operallng, managing or conducting any such e:stahlishment Th~
term indudes Ihe members or partnero 01 an all.oclation or partner.lhip and the office," oj
a corporation.
5,QO €(C81'TIONS
5,01 Th" following shall con~titIJ1~ valid oxoepllon. to the QP~r..llon 01 th~ ';:'-lI1.w:
,r..,
At any time, '/ a juvenile i3 acccmp..nlee by hia or "er pareni or an authorized ad~lt;
8.
At any time, if.;, iuven~l~ is Involved inj or attampting t::= remed~'l aJlevl~te, or respohd
to an emergency;
c.
If the juvenile Is engaged in a lawiul empioymem aOUvlty, ,or ,. goil,S to or ratur:ning
home trom his or her pi"". 0/ omploymenr,
u.
If the juvenile i~ attondIng 811 official school. rOllglous, or otner social .;:r re",,"aliona!
activity sU~ervised by adults and sponsored by a oity or the co~niy, a oivlc
organiza~on, or another similar entiy that takas r.spollalbllliy lor the fuvenile;
If the juyenile is gOing to or relurning home hom, wilho!Jt err<; detour or stop. Sf1
offiCial schOOl. religious, or olh~r recr.stionsJ !lC':ivitll s'Jpectlsad by .."ults and
sponsored by a ciry C( the county, a civic organiZallcn, Or another similar emj~{ that
takn rO$ponslblilty tor the juvenile;
~
r.
If the iuvenil<. i. on !LI1 errand as dir~cled by his or her parent, without an'l oetour or
stop;
G.
If th.. i~v"nile Is engaged In interstate travel:
H,
if tho luvenile is on thQ p~blic 'ight.or.way bc~l~v"rd or sld"",alk abutting the
Juvenile's rgs[denc.. or abutting th!!l neic,;hbc.lring Flrcperty, :!tructure, or re=sidence;
I.
it Ihe luvende I. e.ar.cisir,g Rrsl Amenomer,l right. protected by tne United State.
Ccnstin.~cn (or thc~e almllar ,'ght~ protected by Artid~ I of the Constitution oj the
State 01 MI;'lnesota), such a. free exercise at reli~ion, freedom of speech, and the
right. at asumbly: or,
J.
if ~'1~ iwenlle Is homeless ar.U.~ a public or sami-public place as his or her usual
place of abode.
5,02 it i. an affinmative detense to prosecution under Sucd, 4,OS tn''\:
A, The owner, cperator or employee of an establishment prcmctJy nctinOld tl1. police
department that a juvenile was present on ihs preml.!il~ or tii.! est;abllshmem during
curlew hours ,snd refused to leave.
00/01/2002 FRI 09:51 ~~ a127852~59
CITY OF CIRCLE PINES
~005
Page 4
ORDINANCE iJg5-1
6.
The owner. operator or employee rs....onably and in good faith relied upon a
iuven/le'~ reprssetltation~ of proof 01 age. Proof at age may be establi:shed pursuant
to Minn. Slai. ~ 349A.503, subd. 6, or other vannable means, inc:luding, bui not
limited to. school id.ntffica~on cards and birth cartltlc:atii'l.
6.00 eNFORCEMENT
I
,
6.01
S.,/ors taking Oiny .niorcemeni action under t/'II~ !ectlcn, .. pollee o/flcer ehall ~k the
ap!"'r.rrt offender's age and ra"5Cl/'1 fer halng In a publk: plaea. The cfflear shall not issue
a e1tatlon or make an arrest undar this s.ction unl...~ the officer raasonably belie"es that
an otren... has cccurred and that ne exception set lorth in SUbdivision S .00 is appiicable.
7.00 Pi:IlAL TII!!S
7,01 Violation ot Subdhli.j'~n 4,01, 4.0<1 ..no 4.0~ wiil oe pro.eclJted pursuant 10 Minn. Stilt i
260.185 and will be sublect to tM$ penalties therein. .
7.02 Vlolatlan at Subdivi.ion 4.04 or 4-,05 .hall be a mi.demeanar,
8.00 CONTINUING REVIEW AND EVALUATiON
8.01 The County Attorney .hall prepare and submit a raport annually to the County Beard
evaluating violations 0/ this section and the criminal activity Cy and "gain~t iuvenil.... within
t/'Ie ~cunty during :ne preaooing yoal. Tho first report. ,shall 1:16 submitted one yesr attel the
effective date In Subdivision 10.
9.00 SeVERASII.IT'I
g.01 It my coun 0/ competent jurisdlo1lon shall .djUdge "ny provisions of this ordln:ane>; to be
Invalid, such judgment .hall not affect any other provillions 01 thi. ordinane. not specHically
inclUded in !aid Judgment
10.00 El"l"I!!CTlV1!! DATE
10.01 The effectiVe d..te 01 this ordinancs shall he Decambar 1, 1996,
ATTEST:
~~ (14/J.
Jo "Jay" cl.1na.n
County Admlni$!r.tol
\
~\ \I \
6y: ~__ '-...J~ ~
Dan Erhart. rts Chairman
MAR-el-B2 09:22 AM
P.03
'-
SECIlON 10.20 JT.NENJU CURFEW.
1 ,~
hi" . tJf"1.Q
/~ i
. \
I I \
J
.
PURPOSES Al'm FINDINGS
The Anoka County Board of Commissioners finds and detennines that there has ~en an
increase in juvenile violence and crime by juveniles in the County of Anoka.
Juveniles are particularly susceptible by their lack of maturity and experience to
participate in unlawful activities and to be victims of older perpetrators of crime.
Because of the foregoing, special and extenuating circumstances presently exist within
this COUllty \hat require spetial regulation of juveniles within the COWlty in order to
protect them and other persons during the nighttime hours. to aid in crime prevention, to
promote parental supervision and authority over minors. and to decrease juvenile crime
rates.
'-'
In accordance with prevailing community standards, this ordinance serves to regulate the
conduct of minors in public places during nighttime hours, to be effectively and
consIstently enforced for the protection of juveniles from each other and from other
persons. in public places during nighttime hours, for the enforcement of parental control
of, authority over, and responsibility for their children, for the protection oftha general
public nom nighttime mischief by juvenilell, for the reduction in the incidents of juvenile
criminal activities, for the furtherance of family responsibility and for the public good,
safety and welfare.
It is the intent ofthc County Board to review and evaluate the need and effect of
nighttime curfew for juveniles set forth in this ordinance on the incidents of jU'IIcnile
criminal activity and protection of juveniles against criminal activity,
AVTHO~n:
This Ordinance is enacted pursuant to the authority granted under :Minn. Stal. 145A005,
Subd. 7& (1994).
~
"Authorized adult" shall mean any person who is at least eighteen (18) years of age and
authorized by a plll'ent or guardian to have custody and control of juvenile.
"County Board" shall mellll the Anoka County Board of Commissioners.
.,-,
-131a-
Al1'IendedSectlon 10.20 Ord. #96-01 12.\.95
MAR-el-02 0~:23 AM
"Emetllency" means an unforeseen combilUltion of citcumstances or the resulting state
that calls for immediate action. The term includes, but is not limited to, a fire, a natural
disaster, automobile accident, or any situation requirinll immediate action to prevent
serious bodily injury or loss of life.
"Juvenile" means II. person under the age of eighteen (18) years. The term does not
include persons under 18 who are married or have been lesally emancipated.
"Parent" shall mean any person having legal custody of a juvenile (l) as natural, adoptive
parent, or stepparent; (2) as a legal guardian; or (3) as a person to whom legal custody
has been given by order of the COUlt.
"Public place" means any place to which the public or II substantial group of the public
has access an [ncludes, bllt is not limited to, streets, high'ol-ays, roadways, parks, public
recreation, entertainment or civic facilities, schools. and the common areas of hospitals.
apartment house, office buildings, transport facilities, and shops.
"Serious bodily injury" means bodily Injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss or impairment of the
t'w1otlon of' any bodily member or organ.
lROHlBITED ACTIl
It is unlawful fOf a juvenile under the age of twelve (12) years to be present in any public
place within ArtOKa County:
A. Any time between 9:00 p.m. on any Sunday, Monday. Tuesday,
Wednesday Of Thursday, and 5:00 a.m. of me following clay.
B. Any time between 10:00 p.m. on any Friday or Saturday and 5:00 a.m. the
following day,
It shall be unlawful for any juvenile <lie twelve (12) to fol1rteen (14) years to be present in
any public place within Anoka County:
A. Arty time between 10:00 p.m. on any Sunday, Monday, Tuesday,
Wednesday or Thursday, and 5:00 a.m. orthe following day.
B. Any time between 11:00 p.m. on any Friday Or Sanrrday and 5:00 a.m. on
the following day,
.13Ib.
;\I'lltoded Scollon I 0,20 Or~. #96.0 1 12- t .93
F'.04
.
,',
M~R-01-02 09:24 ~M
F'.a~
"" It shall be unlawful for any juvenile age fifteen (15) to seventeen (17) years to be in lIIlY
public pll\.Ce within AnoD County:
A, Any time between II :00 p.m, on illY Sunday, Monday, Tuesday.
Wednesday or Thunday, and 5:00 a.m. oCthe following day.
S, MY time between 12:01 a.m. and 5;00 a,m, 011 any Saturday or Sunday,
It shall be unlawful fOI a parent or authorized adult of a juvenile to knowingly, or through
negligent supervision, habitually permit suchjuvenlle to be in any public place within the
county during the hours prohibited by Paragraphs 4.01,4.02, and 4,03 of this Subdivision
herein, under circumstances not constituting an exception to this ordinances as set forth
herein. The tem "knowingly" includes knowledge which a parent or authorized adult
shall reasonably be expected to have concerning the whereabouts of a juvenile under such
person's care,
\..
It shall be unlawful for any person operating or in charge of any place of amusement or
refreslunent which is open to the public to knowingly and habitually permit any juvenile
to be in such place during the holU's prohibited by Paragraphs 4.01, 4.02, and 4.03 ofthi!
Subdivision herein, under circumstances not constituting an exception to this Ordinance
as sel forth herein. The lenn "person operating" shall mean my individual, tinn,
association, partnership or corporation operating, managing or conducting any such
eSlllblishment. The term includes the members or partners of an association or
partnership and the officers ofa corporation.
F.X~EPTIONS
The following shall constitute valid exceptions to the operation of the curfew:
A. At any time, if a juvenile is accompanied by his or her parent or an
authorized adult;
B. At any lime, ifajuvenile is involved in, or attempling to remedy, alieviate,
or respond to an emeritllCY;
C. If the juvenile is engaged in a lawful employment activity, or is going to or
returning home from his or her place of employment;
D. If the juvenile is attending an official schooi, religious. or other 50eilli or
-l31c-
Amended Section 10.20 Ord. #9~1 12.1.9~
""
I--
I
MAR-01-a2 09:~4 AM
F'.06
recreational ar;tivity supervised by adults and sponsored by a city or the
county, a civic orpnizalion, or another similar entity that takes
responsibility for the juvenile; .
"
,.'"
E. lfthejuvenile is ioinj; 10 or retumini hcme nom, ....itho\lt any detour or
stop, and official school, religious. or other recreational activity supozvised
by adults and sponsored by a city or the county, a civic organization, or
another similar entity that takes responsibility for the juvenile;
F. If the Juvenile is on an errand as directed by his or her parent, without any
detour or stop;
G. If the juvenile Is engaged In Interstate travel;
H. If the juvenile is on the public right-of-way boulevard or sidewalk abutting
the juvenile's ,residence or abutting the neighboring property, structure, or
residence;
1. If the juvenile is exerCising First Amendment rights protected by the
United States Constitution (or those similar rights protected by Article 1 of
the Constitution of the State of Minnesota), such as free exercise of
reliaion, freedom of speech, and the rights of assembly; or.
J. If the juvenile is homeless or uses a public or semi-public place as his or
her usual. plllCe Qf abode.
It is an affirmative defense to prosecution under Subd. 4.05 \hat:
A. The owner, opcrator or employee of an establishment promptly notified
the police department that a juvenile was present on the premises of the
establishment during curfew hours and refused to h:ave.
B. The oYmer. operator or employee reasonably and in good faith relied upon
ajuvenilc's representations of pre of of age. Proof of age may be
established pW'Suant to Minn. Stat. 340A.503, Suba. 6, or other verifiable.
means, Including, but not limited to, school identification cards and birth
certificates.
ENFORCEMENT
-13ld-
i\m4nd~<i Section 10.20 O~d. #96-Q1 11.\.9~
MR~-al-02 a3:2~ AM
P.12I7
~
'-
Bofore laking any enfol'tement action W1der this section, a police officer shall ask the
apparent offender's lIie and reB50n for beil1i in a public place, The officer shall not issue
a citation or make an arrest under this section unless the officer reasonably believes that
an offense has accrued and that no exception set Conh in Subdivision 5.00 is applicable.
PE.NM,TIES
Violation of Subdivision 4,01. 4.02 and 4.03 will be prosecuted pursuant to Minn, Stat.
260.195 and will be subject to the penalties therein.
Violation of Subdivision 4.04 or 4.05 shall be a misdemeanor,
CONTINUING REVIEW AND EV ALVA nON
The County Attorney shall prepare and submit a report annually to the County BOlU'd
evaluating violations oflhis section and the criminal activity by and against juveniles
within the county during the preceding yelU'. The first repon shall be submitted one year
after the effective date in Subdivision 1 Q.
SEVERABlLllY
'-
If Ill1Y court of competent jurisdiction shall adjudge any provisions of this ordinance to be
Invalid, such judgment shall nol affect any other provisions oftrns ordinance not
speCifically ineluded in said judgment.
.131e-
Amended Seclion 10.20 Or<!. #96-01 12.1.9$
'-'
FEB-28-2802 13: 104
LEAGI..E CF i1'I CITIES
P. 02/34
Date
~6S-
~~--~~.
~;C'?' !
Classl1iCAtiOD
LMC
MUDicipality
rM"...;~ c;,;..
C'iIi.t "....ti.",-s....
Research and Information SSMllce
(J-t:. Ordinance No, 2001-08 .
Ir' The Ci1y Council of the City of SECTION 1. Definitions, In this
Hermantown does ordain: ,section:
, An Ordinance amending the t CURFEW HOURS MEANS
t;\eT1!l~ntown City Code by adding :11 :00 p.m. on any day Until 5:00 a,m,
ll,rovls,ons that regulate fhe pres-9f the following day:
$nce and conduct of minors on ,;: EMERGENCY means an
iitreets and other places; defining pnfo.fIlseen combination of circUm-
DUTIES of parents and others in . ~tal1Cee or the resulting state that
Care of minors and providing for pro- balls for immediate action. The term
cedure. and penaltlee lor Vlolations!ncludes, but i$ not limited to, a fire, a
thereof. ratural disaster, an automobile acci-
,./' WHEREAS, the city council has ./lent, or any situation requiring I
determined that there has been an. :fmmedla.tG action to prellent serious'
;increase In Juvenile violence, jlJV&- ;~Iy injury or loss of me.
.nile gang activity; and crime by per- ii ESTABLISHMENT mellns any
,sons under the age of 16 in the City privately owned place of busine!s
of Hermantown; and,flperated lor a profit to which the
WHEREAS, persons under the~!?iic Is invited, including but not
age 01,16 are particularly susceptible i!@[~d to any place of amusement or
bY their lack of meturi1y and experi- ~iirei1ainment.
ence to particIpate In Unlawful snd ;i GUARDIAN means:
gang-related ad/vities and to be vie- '" a person who, under court
..!a';n. dS of older perpetrato, rs of crime; ~rdllr, is the guardian of the person
1r ~fa minor;
,;!.i WHEREAS, the City of. ~! or a pUblic of private agency
,He~antown has an cbligatlon to ~Ithwhom a minor has been placed,
provtde tor the protection of minors; ~ a court.
,from each otner and from other pel'- i :~. MINOR, for purposes of these
:lIons, for the enlorcement of parentaJ,~ulatJons only, means any person
:contrcl over and the inc1dence Of' :rder 16 years of age.
JlJvenile criminal activities; and :~, OPERATOR means any indlvld- ,
WHEREAS, a curfew tor those i~al, firm, association, partnership, or
under the age of 16 will be in the' ~orporation operating, managing, or
,interest of the public health, safllty" qpnductlng any establlshmsnl. The
,~nd general welfare and'wlll help to ',' l.!'f- m includes the members or pan-
attain the foregoing objectives and to.. r.j:elS Of an l!$sociation, partnership
,~ini$h the undesirable Impac1 of, l;lr limited liability company, lhe offl-
such conduct on the C~izenll of the i i;ers of a corpOl'lltion and the man-
City of Hermantown; . ~ ~gers of a, limited liability company.
Now, Therefore, :;' PARENT means a person who
. BE IT ORDAINED SY THE; i~:
~ITY COUNCIL OF THE . .~ITY OF,' ;:; a nalursl parent, adoptive par-
ttE:RMANTOWN, MINNESOTA: r,nt, or Slep-parent of another per-
son;
or at least 1 8 yeare of age and
authQlizlid bya parent or guardian to
have thi! Care and custody of a
minor,
PUBLIC PLACE means any
place to which me putllic or a sub-
stantial group of the public has
access and includes. but is notlimil-
ed to, streets, highways, and the
common areas of schools, hospitals,
apartment houses, office buildings,
transport facilities, and shops_
REMAIN means to:
linger or stay: or
fajl to leave a premises or loca-
tion . when requsstEl$! to do so by a
police officer or the owner, operator,
or other person in conlrcl of the
premises or localion,
SERIOUS BODILY INJURY
means bodily injury thai creates a
substanlial risk of death or Ihat caus-
es death, serious permanent diSfig-
urement, or protracted loss or
Impairment of the function of any
bodUy member or organ.
S.ECTION 2, Re$1Tictions.
It shall be unlawful for any rninor
to remain in any public plaoe or on
the premises of any establishment
wjthin the City during curlew hours.
It shall be unlawh.il for any par-
ent or guardian or a: minor to know-
. ingly permit, or by insufficient control
allow, the minor to remain in any
public place or on the premises of
any establishment within the City
during curfew hours_ The term
"knOWingly' inoludes Knowledge
which a parent 'or guardian shoulCl
reasonably oe expected to have con-
cerning the whereabouW of a minor
in the legal custody of that parent or
gIJardlan.
FEB-28-2002 13:05
U1c
z.,;.g.../~ ou..
011. ""-"'I.....a-.
LEA~UE OF MN CITIES
P.t33/34
ClassUl.catiOll
MllDfclpaJlty
Date
ReulU'ch and Infor1lllltJon S~rvicl!;
It shall Olil unlawful fOf any
owner, operator, or any employee of
an establishment to knowingly allow
a minor to remain upon the premises
01 the establishment dl.lrtnS curfew
hours,'
SECTIONS, Exceptions.
The fOlloWing shall constlll.lte
valid exceptions 10 the operation of
the curlew, That the minor was:
accompanied by the minor'S
parent or guardian;
on an errand at the direction of
the minor's parent or guardian, w~h-
out any detour or stop;
in a mctor vehicle involved in
Interstste travel;
engaged in an employment
activity, or going to or returning
home from an employment aotivity,
I without any detour or stop;
:1 involved in an emergency;
:,j on the sldtlwalk abutting the
'i minor'S residenoe or abutting the
t residence of a next-door neighbor If
I, the neighbor did not ccmplain to the
~pollce department about the minor's
'I' preeence;
attending an official schoof, reii-
gious, or other recreational activity
'superviSed by adults and sponsored
py a civic. organization , or an?t~,er
~imilar entity that takes responsIbility
pr the minor, or gOing to or returning
~ome from, without any detour or
]'10P, an official scheel, religious. or
ther recreational activity supervised
-1Y adults and sponsored by a civic
- ,rganization, or another simiiar enti-
( that lakes responsibility for Ihe
, )inor;
: exercising First Amendment
Ql
rights protected by the Uniled Slates the practicality of enforcing the
Constitution, such as Ihe free exer- orclnance and any problem~ wilM
else of religiouS, freedom or speech, entorcement Identified by the
end the right of aSSflmbly; Hermantown police department;
or married Of had been mamed. the impact of the ordinance on
It is a defense to prosecution crime statistics;
uncler Section 2 that the owner, the number ot perlions succass-
opera10r or employee of an eslab- fully prosecuted for a violation of the
'lishmant promplly notified the p,otlce ordinance; and
department that a minor was present the City'S' net cost Of enforcing
'on the premises of the establishment the ordinance,
during ourfew hours and refused to SECTION 7. Miscellaneous.
leave. That the terms and provisions of the
SeCTION 4. Entorcement. ordinance are severable. If any pro-
Before taking anyenforcament vision of this ordinance is, for any
action under this seetlon, a police reason, held to be invalid, such deci-
officer Shall,ask the apparent otfand- sian shall not etfact the validity of the
ers age and reason for being in the remaining portions of this ordinance.
public place. The officer Shall not It 1& intended thOlt this Ordinance be
Issue a citation or make an arrest held inapplicable in such cases, if
under this section unless the officer any, Where its application w9uld bil
reasonably believes that an offense unconstitutional.
has ocol.lrred and that, based on any SECTION 8. Added to Code.
response and other circumstances. Upon adoption' the' terms and provi-
no defense in Section S is present. aione of this Ordinance shall be
SECTION 5, Penalties. added'to the Hermantawn City Code
A person who vloiates Ii previ- in the appropriate place and
sian of this chapter is guilty ot a sep- assigned an appropriate article num.
i, arate offense for each day or part of ber and section numbers and olher-
I, a day during which tM violation Is wise made part of the Hermantown
committed, continued. or permitted. City Code.
Any minor who Is convicted of a SECTION 9. EHeetlve Date.
violation ot this ordinance and any That this ordlnanoe shall take effect
aoutt person having the care and immediateiy from and atter its pas-
cwstody of ~uch minor, Is guilty of i!l sage and publication according to
petty misdemeanor and shall be law.
punished by a fine not to exceed I
, $200.00 I
SECTION 6. Review and!
Report. Within one year after the in;- !
tial effective date of thi~ ordinance,
the Chief of Polioe shall review this
ordinance and report and make rec-
ommendations 10 the City Council
concerning the effectiveness of and
the contlnUI ng need for the ordi-
nanes. The Chief of Police'a report
, Shall specifically incluoe the foliOw-
ing information:
FEB-28-2la02 13: Iil5
.~
LMC
r-.o/MI.._ 0lI00
0Iiu ~ ....n-.
LEAGUE OF MN CITIES
RUlfJrcllalld InJonrumon $uvicll
. ~
ri iJ. . ,,. - b~a p
I 11""....., ~.., "
,-
F8II.12. lai1.. .
ORgJNANCE NO.
ON ORDINANCI REGULAT
PRES!NCIANOCONDUCT OF MINORI
ON $TRE!TS AND OTHER PU!lLIC
PLACES: O!.'NING DUTI!' OF PAR-
ENTS OR OTHERS IN CARl OF MINORS.
PROVIDING FOR PROCEDURIII ANO
PENAl Ties FOR, VIOLATIONS
THEREOF.
WHER5AS, tn. City COul"IC:il is t!I:Ut~g
10 deter j~venilQ victJmlzatlon and Ju..
yernle crime in tl"lIl City 01 Altk~; aMCI
WHEReAS. ~~S/;lr'l' LiI'tc!at thiJ age 0118
ar'O particularly SV.tQfl)ti"lt by their
IQOK et maturity and excerlenc. to
"ar.1oipat, In l,ll"\lawfrJf'actlv"iee and
to ~ ...iQtimlll ~{ older' ~'P"1ra:ora Of
Clime. end
WHEFlEAS. the Cit~ 01 Aitkin hu ill'! otlli..
giliOI'l to ptNide for the protedion or
mir,ors flom each othet and l!'Qm Ql1"1,(
~er$Qr'ls, lQr tl'lt .n'()(c.m~nt ot pa.
-ental control 0'118' and responlllibinty
lo~ Ol'lildrtitli, fOr tn. ~rOt.eIJOn of t!'l8
~eneral pubiio, and tQf In. fedL,II;:lion
of the lilcid.nce 01 j'J'Jeni!e criminal
ae:ti'/itita; and
WHEREAS. a curfetW for IhQ~e I,mdlllr tht
loe, vi 18 will be in t!le inter=t Qf
pUOIICneafth. safety, andgentlral wei~
liT. ared win !"IeI~ te a.ltain the foriCO'"
Ing obJectIves and to dlmlnl3h the
IJnd!!SlratJle ~mpact. of such conduct
on ]UV;nlliilS mems'~ ana on roe
citiZ9ns 011nQ City 01 Aitkin:
Now. 't'I'lGl'efOf9;
r~= CITY COUNC,L OF .THE CITY OF
A.ITKIN, MINNeSOTA, ORDAINS:
S.I'JTinn 1 08tinJricr.!1
In li"lia sectIOn:
(al CURFEW I-:OIJP.S mQIil~:
(1) For 1 !.)lGlar.olOS: and' I..lndQt: anI'
time between 10:00 p.m. on .any Sun-
cay, Monday. Tuesday. Wach'lQsday,
cr Tl\lJl'rcay, ,ll.1d 5:00 ..m. O~ thQ
'O\!QWil"lg day; and
Ai"1~ time betw"n_11 :CC ~.m. c:n .ny
Frldl~' or Saturday and 5:00 a.m. on
tho foUo'WirlQ d;i,y.
(~} F'or 1 S. ",nd 17"yQQt-Old&:: any t/rn.
berw..n 11 :00 ~,m. on any Sunday.
Monday, Tl,le.&di.y, Wtdl"l.tday, Of
Tr.ur,day, and 6:00 a.m, or'I tn,fOllow-
lng day: end
Any iima i:!~twBi.n ~2:oe 8.m, on any
1=riOiay or Saturday 1Ir'ld 5:00 ..r"I'l. on
tn. f0110wif!9 d.y.
{b} eMeAGENC't mean~ BI'l unfOr$-
8al!l;n -:::ombi"'ation 01 cirellmstancCllI or
Ihtl reSUltlnQ stall) t"at ;:.aUI rOf immo.
aiat" fl.Cl"'on. The term includes, but i.a
P.04/34
ClauiflcatioD
MIIDlclpaUty
(
_~Q~. ~'J
Date
an eutgmobjl., 1.~1ent, Or' any situ!. ,
lion requiring Immediate action \0 Pl'e~
vent serious bodily inj'J~ or IOSIIcflifl3.
(c) ESTASLI$HM!NT means any pri-
vately owned Place or business oper~
aled tor a profit to whIch tne pl,ibllc IS
tnvited !noludil"i~. but nO! Iil'l'lltad to.
any ~;c:. 01 amus&man~ ortfll.ttal~~
mont,
(d) GLJAROIAN meens:
(') a per~on wn~, undll"coul'torder, is
the guardian of tl'll person of a minor;
01
(~) .. pUQlie or ~rl\iat. IQlI'noy with
whom a minor has bot" placed by a
court,
(e) MINOR melani e.ny person under
18 years of age.
(1) OPERATOPl: mean,s an)' Individual,
firm, alsocimkln, partnership. or cor-
~r8tic" C~f8tl"g, r'l'Iil\!ging, QrC:Q~
duet/ng: any ..lablithmtni. 1'l'It term
includall the members 01 p8,"tl")eJ'S 01
an ~ociatiol'\ or p&(tnel"lnip end the
oHieer'$ of a ecr~oration. "
(g) PAFI!NT m..ns i: ;)er~cn whO i$:
(1) a nBluml parent, adoptive piIlrem,
or st.p~o-arenl of ano\r,er 1J1lIrsoo; or
(2) lilt leu118 yeera Of sg. and autho-
riled by 11 parent or iUardian te t'la...o
in! ea~. and custody of B minor.
("I ~U&LIC ~LACE "",.,,, any pl'"
to whh;h tht public or a sub.tantlal
grou~ of th., ~ubllc: I'll! Scce8I; and
IncII..ldu, but i8 not limit1d tQ, ttt6e'Li,
l'Iighways, i/llnd th* ClOMmol"l arels of
1(:1'1001.. hoaphlt$, apartment l'IouNI.
offio. buildings, :rll.napoT'tfaellitiea, 8.t'ld
sllQlJs.
(I) REMAIN ",.anolO:
(1) linger or IItolY,. Or
(Z) f.U to leave 8 pre-Mise' when roe.
Quelttd to do Be by a pollet of/icor Ql'
tn. OWn". ~ator. orotherperlQn in
control of the "r.mi....
lil $ERIOUS !<lDIL Y INJURY m....
bodily injury that Qreatl1lS a ilJbstantlQi
risk of dealM or tl'let o.use$ dtf,th.
senous permal'lent'dlllflgl.lremen1. or
protracted loss or impllirmen~ of tl'1e
function of any COdify mem.ber or er-
gan,
..I".:,lnn 2 IIIl!Ktrlet!ons
(a) U shall be unlawful lor any mln"f
to rerr.aln !" 4ny ~cllo place or on
the preml.$$S ot any eataollsl'1msnt
'Within ItIe Clty during curltlW ".ours.
(tl) It 11"1111 beunle,wfuI1oranYp3rent or
gUifdiafl ot a minor to k.nowil'lQlY per-
mit, or b)l insufficient conitol allow, ttle
mi/'lOl to taMah'\ in any t:)uolic placa or
wlth'n tn. Olty during c:urlew hOurs.'
me term "MOWlnCly'" Includes knowl-
eClQ'Q which a parent Qrgulirdlanshould
reil.$OnablV be e;cpected to have con--
cltmlng tl'le wl'leraaoouts at a minor In
the legal CU$todyo1t"al paren. \)r guard- :
ian. ".",
(C:) It snail be unlawful/or any owner, -"
Ol>ltafOl', Of any imployeeoral"l's~.'.~:
li.s.hl'l'ltl'tt to knowmgly allOw a I"ni"ot to. '.':~:'\
:ernain U~C1nth.~lnisesofthe e$tab--,?~
il'.hmen1 durir'lQ ~loIrf8W hours. ,7~17\,"R,
~I"l.itln ~ IIh~ntIQnR' , ".i~"~~.l
(a} rl'lt following ill'lall oonatitutf valid "
BJ(cepHons to the operatic" of th~ C\ir~
few. That tn. minor was:
(l) aGOQrnp*nitd by tn. minor's parent
or ;wrdiG,nj
(2) on an err!!nd a~ the dir~on' of the- I
minot', i'5I'on1 or g!,lardian, witnoUtany ,
detour Of Sl,-p: '"I
(:3) In a motor vehicle invtltved in inte'~",':.. .
stall! travel;:'}'
(4}engaged in an employment ac.livity,-' i
or going to or rstuming home flVn'l an .J
errplo\o'rT'Ilm &c~vlt}, with cut any",~:,'.' I
'.our or stop' "'~,~
(5) InvoIved',n an emergency; i':.':j
(&) on tl'!Q sid9walk abutting tl'\e mlnOl',S,,' .i
rQlsldenC8 or abuttlnQ the resl~ence of ~
a n.J:to.(SCOr l'\Q1QI'lOOf i1 the neighbor .J
did nol oomplaln to the pclliCe depaft,;' :';
I'. J'I'lGf'ft about the minor's presence; ':>,,~;~
(7) attondng an offiCial school, rel\~~l
g!'Ql".'t. 0" oth.r *I"eatio"al actIvity";
supsrvi,4d by adutt$ and :!:pof\S5rttcf1
by th, City of Aitkl~, a. cIVic orga.nj,za~ \
t1on, gr anothttSimilar ~tyttlattakes
rtiSpon~lbi\lty fQr~ 1'i"IiflOr. Of going to
or tetum:ing nom. rrom. withQut any 'I
detour 0' .t(lP, an official sch\XI!, ni!j.
iiQull. or other fec...atiOl'laI a;tivity'~ ,
~el'Vi"d b)! adults and .~l'Ilo~liId by
11"1. City of ,1IJ1kl:n, II civic organization Of
another Sin'litaJ .I''I!ity ttlst lak.. f. I
spontlbUIty of th. mil'lOfj
(8) .xerQislng Fir'&t Amendment rigkU
protaGred cythfil Unittcl States Conall- ,
t!JtiOI1, such at thO 't... Qxlitf'clse.qf '.
fQlIgion. freedom o~ 3peaQl1, and tne
rigi'\t 0' aaaambly: or
(9) marriod Qr hu been r'l"Icfried,
(b) It is . def,noe to ~rOUCtltion under
SltCtlOr'l 2 tntt t~t owner, opeta\(lr, Of
.mploy.e Q' an establishmeot plQm~y
nolified tI'1e ~ol[ce deQart~el'lt lhQt I
minot was prelSent on th. premises of
the estabMshmenr dUI1nQ curfew hours
Ind refused to leBve.
SI!!ctlofl4 IJl'lft'lfiHlfn""'"
Befm8 t!Kil'lQ any enforcemenl actlon
FEB-28-20132 13: 06
LEAGUE OF MN CITIES
".
th~ apparenl oft~er's aQQ and reaSOO~fQr:1':J
being In 1M public pJaoQ. The omoa~ ,~n' :1,
not issue a ollatlon or mak, an al'f'Q&t un:Gei ., ..':,;
t,hlS seeton l.1nJt$. the atticQr reasonn' ',,:,;tr'
believes that ai"l ctfliilnse ha.~ CCCl"lrred ,1~.1~
:~a.t, bssQd On any fas~oMS8 and \) ';' !',(J
cIrcuMstances:. no dsfenSQ in $ection :5 i l' f;,
Pl'tsent. ',t :, ;':'.',
SIJ/!,.lnn ~ ~Qtl2nIaR' f;' ,;: ,t
(a, ViolatiOn 01 ~t':l& Ordinance ie '* :;...~.f,*
mlsdOm41ilnor, i"l':l~'~~
(b) ihe PfOCQdure will be,a. fOil . \:~I"'.~.::;"'::"'"
l1) FirstOtfQl"lat:oraIWir'l"lingtomi t ~:..'~.;'
and partl"tt/guardian; ,
(~l hQond Oftefl:H!i written wamin d "
minor and parenl/guardiatl alg"n, ~. ~;/ll
an lnformetiol'l St'leet Containing i~ ~I~""f';j
m",lion r~e.rdi1"lg tilt, safety, 01tfft1," (( ,,:'l.~".~
r'oor; .. S'v
(3) TMd Offense: ~e.oo cltaflor. : .~.~':.:
sued to ~.rcmtlgl.iatdiilm along V(1th ' ".d
In/Qrrn=~ion Sh$e('c;clr!~a.j(llng Inlo :4&
lion regardin,g lI'!e 5atetY. Of me rfJJrt .
(4) Fourttl Offen,,: rso.~O elratioCl > .?:;:
sued to PlrentJguardtan alOtlQ w[th- :ji
1.lormollcn Shoot contalnJ.g In~I\."
tion regardIng the safQty or the ml, ' ,I;:"
(5) Fifth Offen..: $100,00 cI"""," '':
SlJed ro pa.rentlcuarO'lan along w,ith:t~ .
IntOflTlitlon Sne.t ,COntai~jn9 info~< \::;':
lion regarding 1he safcity Qf the ml'i' ,~,,',:;,~~rr
Ie) SI.ctl'; Offense. an~"any,' 'sU', 'DNcz,'ll'" :'~:;>~:I'
offenses: S20,O.OO: citafion, {uutitd, ~::i:,'~~,:,
p.arsnuguardfa" ,tl"n; wif~. II'I inti "''''\:j.~''':'
matlon Sheat eOfltatninCl lnform'tio;n~ " . I
rooardlng I~. oafoty of ti'1ol minoi,;,~1. .
(c) A person lJ/hQ vIolates a ~ovi$ionlbt.
tniS Ordlnanc. I, guilty 01 a &eparat~~
offense for Qa~h day or part of . da~.i
~uri~Q wl'\ic:1'l tI'Ie v1ol-alion Is cornmlh'
led, contlnu.d. or pcII'Mittect..- . I
SIIctlori R RavlAw ttf nrdlnefta" ; .
Wftttll'l ~jx mClntnlil after thla Ordjnsnet: . "
taku Qffact the City Clamshell revieWJI.ij.~,,'.t:,:,:
Ordlnanct ana f.P~1'1: and ~'5ict' rec~.r...;,:t..
mClr'ldatlons to ~. City COwn"il c:onoern~!/p '
thQ Qf!ljIctivGnGSllJ gf and tf1e contfr'!l,lil15i'1 ~
l'leed for the Ol"djnElnce~ The Clly Cltrk'"
rtp~rt ahall incJl,<oe thli following intorrnH
tiOn" ~ , J,i
. (1) tn,. ~aQtioaJ.ity ~1 eflfcrc;ing ~
OrdJnlilnae and any problems with en'.,
tote_ment identifitd by the /ilolice Of.+'
Darlmenl; ~"! '
(b) tho imp.at of the Ordina.tree on:
crime a.latl:;t~: ,ill
(c) the l'll,lmber 01 ,oemmi suoce~.'J
fully Qro~ec:utltd for a violation of i_1
Ordinanoe; and .. , ~ \
(0) "'. Clty's nO. <os! 01 enfOrcing 'tio'
o.olnanoe, I, ~
"-
/
/
I
/
"
P. 135/34
.,
'"
Effective: 4/23197
City ofCenterville Ord. #63
STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #63
AN ORDINANCE INITIATING AND IMPLElVlENTING A LAWN AND GARDEN WATER USE
PROGRAM TO CONTROL WATER USE DURING PERIODS OF PEAK USE AND THEREBY
CONSERVE WATER IN THE MATTER OF THE COMPREHENSIVE WATER SUPPL Y PLAN
PROJECT OF 1997.
WHEREAS, the City ofCenterville has recently reviewed and approved the Comprehensive Water
Supply Plan; and
WHEREAS, the City ofCentecville has directed that the Comprehensive Water Supply plan be
suhmitted for review by the Minnesota Department ofNatucal Resources and Metropolitan
Council; and
WHEREAS, a component of the Comprehensive Water Supply Plan includes a recommendation to
restrict water use to conserve water.
The City Council of the City ofCenterville, Minnesota, does ordain:
Lawn and garden watering is prohibited between the hours of 10:00 a.m. and 6;00 p.m. every
year from May 1 through September 1 for all addresses on all days. This ordinance shall apply
only to those residents and water sources connected to the Centecville water system. Use of
private wells is exempt from this ordinance.
Residents whose address ends in an even number may water their lawns and gardens before
10:00 a.m. only on even number days, and residents whose address ends in an odd number may
water their lawns and gardens befure 10:00 am. only on odd number days. All residents may
water their lawns and gardens on any day after 6:00 p.m.
No person shall use or permit water to be used in violation of this sprinkling ban and any
customer who does so shall be charged $50.00 for each day of violation and the charge shall be
added to the customer's next water bill. Continued violation shall be cause for discontinuance of
water service. The City will provide notice to customers using the attached water restriction
notice. Should a violation occur, the City may first issue a warning, as shown on the attached 1st
warning example.
Adopted by the City Council this 23rd day of April, 1997
ATTEST:
Mayor
Page 1 of2
L
Effective: 4/23/97
City ofCenterville Old. #63
Clerk! Administrator
Page 2 01'2
.'1
y
EXAMPLE
WATER RESTRICTION NOTICE
Effective Thursday, May 1, 1997, until Monday, September 1, 1997, the City ofCenterville will have
in effect a watering restriction for all residents and water sources connected to the city water system.
Use of private wells is exempt from this restriction.
There will be NO WATERING in the City of Centerville from 10:00 A.M. to 600 PM..
Residents whose address ends in an even number may water their lawns and gardens betore 10:00
a.ill. only on even number days and residents whose address ends in an odd number may water their
lawns and gardens before 10:00 a.ill. only on odd number days. All residents may water their lawns
and gardens on any day after 6:00 p.m.
New lawn sod and/or lawn seed is exempt for a two (2) week period from the time of installation.
Violation of the ban constitutes a petty misdemeanor
kloming is the best time to water most lawn
areas.nand the earli~r the better.
. As the ~un rises so doe~ the ffil;::rcury. Mer
about 10 a.m. heat steals moisture from your
lawn through evaporation.
When you water EARL Yl you can water LESS
because mOre of the water is absorbed into your
lawn. You save time and money when you
water at daybreak.
Watering dZl/lng Ihe heat a/the day can actually
hann your lawn.
. "Scald" or "burn" damage occurs when hot
sunlight hits water droplets that cling to leaves.
The tiny droplets imitate powerful, miniature
magnifying glasses.
. At night, cool, moist conditions create all
ideal environment for lawn dise<1ses to develop.
Grass blades watered in the Dlorniug dry off
quickly, making it harder for a dise:lse habitat
to l1ourish.
Don't dnzzle.
. A light sprinkling is tho l.EAST
EFFECTIVE method of watering. In
fact, it can daroago YOUT lawn. A good
soalGng gets to the "roor' of the problem
by encouraging deep, solid root growth,
Lawns without d~ep root growth are less
drought resistant and more prone to winter
kill.
"Vacer ONLY when your lawn need$ it.
" You don't have to water ou a. set schedule.
Water only when the grass or plants show
signs of needing it T Q. test whether or not
Your lawn needs a soaking, step on the grass.
[f it springs back up, you don't need
to water. If it stays flat, it's time to water
Again, In the Dlorning. The ear lier the
better..
Fresh, clean drinking water is yours to use whenever you need it, but not to waste, it is too valuable.
Remember that a little effort and common sense win make a big difference.
L__ __
...
EXAMPLE
1ST WARNING
The City of Centerville has a sprinkling ban in effect every year beginning May 1 through
-September 1 as listed below. Tbis ban only affects residents and water sources connected to the city
water system. The ban is related to your house address
1. There will be no watering in the City (on the Centervil1e Water System), odd or even
addresses, between the hours of 10:00 A1Vl and 6:00 PM.
2. The odd/even rule applies to the hours before 1000 a.m. All property with an address that
ends with an odd number may be sprinkled before 10:00 a.ill. on odd numbered days (i.e. lst,
3 rd, etc) Property with an address that ends with an even number may be sprinkled before
]0:00 a.ID. on even number days (ie. 2nd, 4th, etc}
3. All residents may water their lawns and gardens on any day after 6:00 p.ill.
4. New lawn sod and/or lawn seed is exempt for two weeks after instaflation; you can water
both odd and even with NO WATERING FROM [0:00 AlVITa 6:00 PM.
5 There will be only one written warning for violators of the sprinkling restrictions. The second
violation carries a penalty of $50.00 the first day and $50.00 each following day thereafter.
6. The Centerville Water Department is to shut off water at the street following the third
violation until such time as the property owner complies with the restrictions. A $25.00 shut
off and $25.00 tum on fee will be added to the penalties.
TillS IS A W ARNJNG!
Please follow this water restriction carefully Water your lawn wisely We want to be able to serve
everyone equally. Your cooperation will be very much appreciated.
If you have any questions, please call the Centerville City Hall at 429-3232.
Thank you for your cooperation in this matter.
City of Centerville
03/01/2002 FRI 0952 R~ 6127852859
CITY OF CIRCLE PINES
@ l!M..-.
610.20 Additional Connection Charge. Any person that does
not connect to the municipal sanita.ry sewer s;lstem within
12 mOnths after said sanitary sewer service is deemed
available by action of the Utilities Commission, may be
required to pay, in. addition to all other charges
enumerated above or by resolution of the Utilities
Commission, the service connection charge imposed on the
City by the Metropolitan Waste Control Commission, plus any
additional charges set by the Utilities Commission.
SECTION 615 - RE~TING THE OPERATION 0' PUBLIC WATER
DURING SHORTAGES
,\! 615.01 Lawn Sprinkling Relitrictionll. The use of the
U municipal water system for lawn sprinkling and/or gardens
"it' shall be regulated as provided. in this section. In the
event the City Administrator determines that a water
shortage exists, the City Administrator ~s authorized to
restrict the sprinkling of lawns within the City by posting
a notice ac city hall imposing the following restrictions:
All properties wi th addresses that end with an odd number
may be sprinkled only on odd nu~~ered days, and prcperties
with addresses that end with a.n even number may be
sprinkled only on even nu~~ered days. This section applies
only to thOSe individuals drawing water for sprinkling from
city supply.
615.03 Additiona.l Restrictions. In the cas.. of a severe
shortage the City Administrator, with the consent of the
Utilities Commission, is authorized to impose additional
restrictions to provide for the safe operation of the
~,icipal water supply.
615.03 Viol~cion. No person shall cause water to be used
in violation of the provisions of this Section.
SECTION 620 - SEWERS AND DRAINS
620.01 Def1ni tionll. lJn~.ess the context otherwise
indicates, the following terms have the meanings stated;
sl.lbcl. 1 Sswage Works. All racilitie", for collecting,
pu~ping, treating and disposing of sewage.
C.hap1cr 6
23
MAR-01-e2 a9:Z1 ~M
F'.02
,1 1;: "11n~
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inside of the bUildin~; or if not taken into a building then
to the hydrant or other fixtures'whioh they are intended to
SUPply. A valve. the same S1Z8 as the service pipe, shall be
placed close to the inside ~all of the bui14ing, ahead of the
meter and Well protected from funing. Jointa on copper
tubing Shall be flared and kept to e minimum. Not more than
one joint ehell be used for a service up to seventy feet in
length. All jOints shall be left uncovered until inspected.
Minimum size connection with th.e water mains shall be 314
inCh in diameter.
Subd. 5. Private Water Suppl1es. No water pipe of
the City water system shall be connected with. any pump, well,
pipe, lank or ar.y device that is conne<;;te~ with any other
source of weter supply and ...hen SQch are found, th.e City
shall notify the own..r or occupant to disconnect the .a"'..
and. if not immediately dOne. the City Water shall be turned
off. a.fore "I'll' new connections to the City system are
permittod, the City shall ascertain that no cross
-connections will exiS t when tl'le new connection is made.
When a building is connecte~ to "City Water' the private
w..hr sUPl'ly may be used only for such purposes as the City
mal' allow.
'~ Subd. 6. ~rohib1ted Uses or Restricted Hours.
Whenever the City shall determine that a s~.ortage of water
threatens the City. it may entirely prohibit water use or
limit the times and hOQrs during which water may be used from
the City water system for law and garden sprinkling,
irrigation, Oar washing, air conditioning. and other uses. or
either or any o~ th~. It is unlawful for any water consumer
to cSl,lse or permit water to be use6 .to violation of sucll
determ~nation atter public ~nnouncement thereof has gee" made
through the news med.ta specifically indicating the
restriction. th.ereof.
...J
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Sub<l. 7. Private Hre Hose Corlnecticns. Owners of
struetureswith self-eontaine<l fire I'rotection systems may
a~ply for ami obtai1'l permisSion to connect the street mains
with hy<Uan ts. la::ge pipes, and hose couplings, for use in
case of fire o1'lly, at their own instalLat"on e~~ense and at
sueh. rstes U the Council milY aCiOlit by reso lution as herein
provided.
Subd. 8. Opening Hydrants. It i.s u1'llawfuL fo>: any
p.r9on, otl\er than members of the fire Department or other
parson dUly authoriud by the City, in pursuance of lawful
purpo..., to open any fire hydrant or attempt to draw water
from tn.. same or in any manner in terfere th.erewi th. It i$
also ur\lawful for any penon 50 authorized to deliver or
suffer to be delivered to ~ny other person any hydrant key or
wren~h. e~cept for the purposes strictly pertaining to their
lawful un.
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f SLOO~IN(JTON
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and to furnish and supply water frorlN!)e weter w system oj the City to such owners end occupents of
properties adjacent or accessible to such wilms of the City, Water service rendeoed to such persons shall
be sUbjlOct to ell thlO provisions of this Article, and persons accepting such salVice snail thereby agrell to be bound
ano obligated by the provlslons of thIs Article.
(Code, 1856 S 30,21; Ord, No, 63.37,10.7-63; Ord, No. 70.14, 4-20-70)
~sec. h23, RESTRICTED HOURS FO" SPRINKLING.
. . (a) Restrictions on watllr usaoe, Whenever it is determinec by either the Mayor or the Ci~ Council that a
shortage of water s~pply may be imminent, ell!ler may act In acCOrdance with the procedures hlOrelnalter
described to limit tne uses of City water and the times and hO~1'$ during Which water !'rom the Cily water supply
may be usec.
(e) Council action. The City Council may act by resolution to limit water usage. The resclution shall stale in
detail the reetrictione impcsed on water usage end the chllrge for instances of nOl'loompliance, The reelriclion.
sha!! become eli'ee~v" 24 hours aftar passage of the resolution. The Council shail take such action as is
reasonaely pcactieabie to inform the general public of the imposition of the restrictions en water usage and of the
charges end other peneities which could be imposed for violation of such restrictions.
(e) Action bv !he M~vor. The Mayor may act by filing with the City Clerk a written certification that thera is
an imminent shortage of water supply. The certification shall specify in datail the restrictions on water uSllge and
the charge for Instances of noncompliance and shall become ~eclJve 24 hcurs after being ffled. The City Clerk
shall endcrse on each filing the time and date of flling. The Mayor shall take sucM action IS is reasonably
practicable to lnlorm the genere1 public of \!'Ie Impos~ion of restrlctIcns o~ water usage and of th" charges end
other penalties for violation of sueh re.tricticns, Restrfc~ons imposed by the Mayor may be revoked by written
direc,ive from the Mayer to the City Clerk, who shall endorse on such directive Ine date and time of receipt, or by
action of the City Council.
(d) Penai~es.
(1) For each instance of noncompliance with water usage restrictions imposed by this section. a
oharge of up to $25.00 shall be assessEld llgilinst the property on which the violation ocCtJrrec and added to the
water biil lor s~ch premises. The amour.! of the charge snail be .pedfle<l by \!'Ie Council In Its resolution and the
M~yor in his certification to the City Clerk,
(2) Failure to comply witn water ueage restrictions after two warnings shall be cause for t~e
discon~nuance of water service.
(3) Failure to comply with water usage restrictions shall be a petty misdemeanor punishable by the
maximum fine allowec by law for such offenslOs.
(Code, leSe S 30,22: Ord. No, 1>1-27, 6-29-61)
S;;:C, 11.24. CONTAMINATION OF WELLS.
(a) No per>on sheil place, construct, cr install an acluai or potentiai source of pollution or cMtamination
cioser to a well, or construct a well oloser to an ectual or potentiel scurce of pollution or contamination, than the
Isolilton distances prescribed by stale Jaw, uniess a variance has eeen granted.
(b) For the purposes of thie Section, the term "well" shell have the meaning given In Mlnnesotll, Statutes,
Sec~on 1031.005, sued, 21. and the phl1ilse "polluticn or contamination" shall have ~"e meaning glvan in
Minnesota Rule 4725,0100, subp;!lrt 34,
(Coca, 1968 S 30,23; Addec by Ord. No 63-37,10-7-63: Ord. No. 70-14,4-20-70; Ord, No. 93-29, 6-7.93; Ord.
No. 96-00, 11-4.96)
11.9
Fi"l'l-28-a3eJ2 13: 00
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ORDINANCE NO.
130
5'1565'- - o~cP-
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AN ORDINANCE REGARDING WATER CONSJ:;RVATION, AND PROVIDING PENALTIES
FOR tHE VIOLATION THEREOF.
THE CITY COUNCIL OF HOYT LAKES, MINNESOTA ORDAINS AS FOLLOWS:
SECTION 1. The Cicy Council rinds Chat there is rising
concern about conserving our valuable resources. The City Council
further finds tnat sprinkling lawns during the middle of the day is
wasteful and may be harmful. Accordingly, it is in the public
interest to prohibit lawn sprinkling during mid-day hours.
Further, it is th~ public interest to regulate and restrict
nonessential water use .whan there may be <II shortage of the water
supply.
SECTIO~ ~. Restricted Hours.
2.1 Whenever water production reaches 378,000 gallons
per day for three consecutive days, the City shall
implement a voluntary water conservation measure
which shall include the following: a request to
limit nonessential water use, and to limit lawn and
garden watering except between 6:00 a.m. and 10:00
a.m. and between 7:00 p.m. and 10:00 p.m., with
watering on even number~d days at those residences
with even numbered addresses and on odd numbered
days at those residences with o~d numbered
addresses. The City Clerk, or his designee, shall
publish notice of the voluntary water cons~rvation
measure in the legal newspaper, and such other
publications as determined by City Council
resolution.
2.2 Whenever water production reaches 504,000 gall~ns per
day for three consecutive qays, the City shall
implement a mandatory water conservation measure
which shall include the following: lawn and garden
watering shall be prohibited except between the
hours of 6:00 a.m. and 10:00 a.m. and 7:00 p.m. and
10:00 p.m., with watering on even numbered days at
those residences with even numbered addresses and on
odd numbered days at those residences with odd
numbe~ed addressesl other nonessential water uses,
such as washing motor vehicles, boats, trailers, or
other vehicles. exteriors of dwellings, buildings,
or other structures, and washint of sidewalks,
driveways and other hard paved areas, shall be
limited to odd numbered addresses on odd numbered
days. and ~ven numbered addresses on ~ven numbered
____~:<l~..'....,.,"
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Wo th.nk th.. City which $Uppli..1
t1u. material through tho
Frioncls of the I..ikMY Proero.m.
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FEE-28-2131212 13: 08
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days. Wate~ing exceptions shall be allowed by the
City Clerk or his designee fo. newly seeded lawns,
new sod. and where necessary to keep other plants
alive. The City Clerk, or his designee, shall
pUblish notice of the mandatory water
conservation requirements in the legal newspaper,
and such other publications as determined by City
Council resolution, and the mandatory water
conservation measures shall take place immediately
upon such publication.
2.3 Whenever water production reaches 756.000 gallons
per day tor three consecutive days, the City shall
implement a mandatory water conservation measure
which shall include the following: watering of
lawns and gardens shall be prohibited; all other
nonessential wate~ uses, such as washing ~otor
vehicles. boats. traile~s, or other vehicles,
exteriors of dwellings, buildings, or ocher
structures, and washing of sidewalks, driveways
and other hard ?aved areas, snall be prohibited.
Watering eXceptLons shall be allowed by the City
Clerk or his designee for ne~ly seeded lawns, new
sod, and where necessary to keep other plants alive.
The City Clerk, or his designee, shall publish notice
of the mandatory water conservation requirements in
the le~al na~spaper, and such other publications as
determ1ned by City Council resolution, and the
mandatory water conservation measures shall take
place immediately upon such publication.
2.4 In addition to the above requirements, wheneve~ the
City Council determines that a Shortage of water
supply threatens the City, or otherwise determines
it is in the public interest to restrict the
nonessential Water use, the City Council may, by
resolution, impose the voluntary water conservation
or mandatory water conser.\Tstion measures as set
forth above. The City Clerk. or his designee, shall
publish notice of such water conservation
requirements in the legal newspaper, and such other
publications as determined by City Council resolution,
and such regulation shall be effective immediately
upon such publication. In addition, if the emergency
re~uires immediate compliance with the terms of the
resolution, the City Council may provide for the
delivery of a copy of the resolution to the premises
of water customers, in which case such regulation.
shall be effective immediately following such
delivery.
SECTION 3. Violacion. A violation of the mandatory water
Conservation measures described in this Ordinance shall constitute
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a petty misdemeanor, except that a violation which is preceded
within the previous twelve (12) months by two (2) or more
violations of this Ordinance shall constitute a miSdemeanor. The
punishment for a petty misdemeanor may he a fine up to $ 100.00.
The punishment for a misdemeanor may be a fine up to S 700.00,
imprisonmen~ up to ninety (90) days, or both. Each day a violation
constitutes a separate offense. Further, continued violation shall
be cause for discontinuance of water service.
SECTION 4. This Ordinance shall be in effect from and aftir
its passage and publication.
PASSED BY THE CITY COUNCIL THIS
1995.
25th DAY OF
ATTEST:
/7Jh--I~
CLERK Richard J. llradford
Published in ~he Range facts on
MAy 1;[" 1995
-3-
CITY OF CENTERVlLLE
PLANNING AND ZONING COMMISSION
March 12, 2002
Pursuant to due call and notice thereot; the Planning and Zoning Commission held their regularly
scheduled meeting on March 12, 2002 at 6:35 p. rn.
PRESENT:
Chairperson Brian Hanson
Commission Member John McLean
Commission Member Ray DeVine
Commission Member Mary Jo Hehnbrecht
ABSENT:
Commission Member David Kilian
Commission Member Tom WUharber
COUNCIL:
Dick Travis
STAFF:
Building OfficiaVPublic Works Director, Mr. Paul Palzer
City Clerk, Ms. Teresa Bender
I. CALL TO ORDER
l. Ron Call
The meeting was called to order at 6:35 p.rn.
III. PUBLIC HEARING(S)
None.
IV. APPEARANCES
l. Mr. Wayne LeBlanc, 1677 Peltier Lake Drive, stated that due to the upcoming
public input meeting, he would keep the discussion brief. Mr. LeBlanc discussed several
proposals tbat bad been discussed at the Lino Lakes council meeting and explained that
the City of Lino Lakes desired to contain language addressing a sunset clause so that their
Ordinance would terminate after a two (2) year period. This would allow three (3)
seasons for the birds and would be revisited at that time.
Chairperson Hanson questioned the percemage of the norUllOrn portion of the 1:Ike for the
no wake zone. Mr. LeBlanc slated that same would be ahnost half of the northern portion
and it same was very swallow in that area. Mr. LeBlanc stated that the proposed
Ordinance #68 would primarily prohibit the use of speedboats in that area.
Page 1 of7
"
Commissioner DeVine stated that he would have preferred to have public hearings
regarding this issue. Ms. Bender stated that due to the fuet that the City of Centerville is
a Statutory City it is not required to have same; however, Council feh it was in the hest
interest of the City to ascertain public input. Ms. Bender stated that there was also a
timing issue with legal posting, requirements for publishing the ordinance and the herons
nesting season.
Chairperson Hanson felt that it was a short time period for review. Mr. LeBlanc
reiterated Ms. Bender's reasoning fur the short timeframe.
Chairperson Hanson questioned whether the no wake zone was also a spawning area.
Mr. LeBlanc stated that it is not a posted area.
Mr. Richard Thompson, 1657 Peltier Lake Drive, addressed several issues by stating that
his main interest is that the outcome from the no wake zone is beneficial to wildlife and
the water quality of the lake.
Mr. Jerry Linder stated that he hoped monitoring of the herons would continue.
Mr. Thompson staled that he had concerns regarding individuals not knowing the new
ordinance.
Mr, LeBlanc stated that Anoka County would place 4-7 buoys and signage at the access.
Mr. Thompson stated that he requested that a phone nwnber he added to the signage lor
reporting violations, etc.
Mr. Thompson stated that several people from the Department of Natural Resources and
the Rice Creek Watershed District have monitored the rookery over the past year.
Chairperson Hanson stated that he fell it would he advantageous if the monitor continued
during the two (2) year period. Commissioner DeVine concurred.
Motion bv Commission Member McLean, seconded bv Chair Hanson to forward
nronosed Ordinance #68 to council for their consideration. Motion Passed
Unanimouslv.
2. Mr. Bill Martin, ATS&R - Centerville Elementary School
Mr. Martin stated that the school would be demolishing the temporary classrooms, adding
air conditioning, exterior windows at floor level, drain tile, fire sprinklers and entrance
addition. Mr. Martin stated that the bid process will commence April 9, 2002 and it is
anticipated that all work will be completed during summer break.
Commissioner Helmbrecht questioned Mr. Pa1zer as to whether the construction plans
met all codes.
Page 2 of7
Mr. Martin stated that the only modifications to plans that had been suggested by the
Building Official or City Administrator were that of screening of the trash enclosure area
and same would be completed.
Commissioner Hehnbrecht questioned the condition of Westview Street. Mr. Palzer
stated that the road is in pretty good shape and construction would not be held up due to
any repairs.
Chairperson Hanson thanked Mr. Martin.
Commissioner Hehnbrecht stated that the community looks forward to the new look of
the school and it is much needed.
V. OLD BUSINESS
None.
VI. NEW BUSINESS
1. ProDosed Ordinance #68 - Regulating the Surface Use of Motorized Watercraft
on Peltier Lake
Previously discussed.
2. Ordinance #61 - Adult Establishments
Chairperson Hanson questioned whether any members were on board when this
ordinance was re-written. Chairperson Hanson stated that it was approximately three (3)
years ago. Mr. DeVine question the purpose of the commission looking at this ordinance
again.
Chairperson Hanson and Commission Member Hehnbrecht stated that the current
ordinance addresses massage parlors but not body piercing or tattooing.
Consensus was that the commission desired to contain definitions from Chapter 114: of
the League of MN Cities Model Ordinance and felt that same should be incorporated in
the amended ordinance.
Commission Member DeVine read same. Commission Members Helmbrecht and
De Vine did not undcrstand the necessity of inclusion of ear piercing. Ms. Bender stated
that additional areas of the body are pierced and a gun is not always used to accomplish
same. Chairperson Hanson stated that people also have Tattoo parties in their private
residences. Mary 10 stated that several of the other ordinances are much more thorough.
Commissioner McLean questioned how many establishrnents are allowed in Ordinance
Page 3 of?
#4. Chairperson Hanson stated that Ordinance #4 does not address same, Ordinance #61
does.
Mr. Pal2er stated that massage parlors are required to be at least 500'ft from a residential
zone. Chairperson Hanson stated that massage parlors, body piercing and tattooing
should be in an ordinance otber than Adult Establislnnents. Consensus was to have
separate ordinances for body piercing and tattooing. Adult Establishments would contain
massage parlors.
Commission Member McLean questioned whether we regulate hobbies. Consensus was
that tattooing and body piercing generally begin as hobbies and turn into businesses.
Consensus was that the Commission desired an Ordinance similar to that of the City of
Forest Lake.
Mr. Thompson questioned whether tbere was a problem witb the current Ordinance #6\.
Mr. Hanson stated that body piercing and tattooing are not addressed in tbe current
ordinance.
Commissioner De Vine suggested looking at creating a new ordinance in regards to body
piercing, tattooing and massage parlors. Commission Member De Vine suggested having
a work session to discuss same. Consensus was to utilize Chapter 114 for Tattooing and
Body Piercing and tbe City of Forest Lake's Ordinance fur massage parlors. The
commission requested that staff notilY Commission Members Kilian and Wllharber.
VII. DISCUSSION ITEMS
\. Right ofWav Ordinance
Brief discussion was had regarding this sample ordinance and its necessity.
Motion by Commission Member DeVine. seconded by Commission Member Kilian
McLean to table this item. Motion Carried Unanimous.
VIII. CONSIDERATION OF MINUTES
I. Consideration of the February 5, 2002 meeting minutes.
Motion by Commission Member DeVine. seconded by Commission Member
Helmbrecht to approye the February 5. 2002 Meetinll Minutes as presented. Ayes-
4. Nays - O. Abstain -1 (Hanson). Motion carried.
Commissioner DeVine questioned rencing requirements fur above ground pools. Mr.
Palzer interpreted Ordinance #4 requirements.
Page 40f7
The Commission questioned the Ordinance #4 and its status at Council level. Ms. Bender
stated that Council tabled the item and the Mayor had submitted questions/concerns and
that the Commission had copies of same before them. Commissioner DeVine stated that
public hearings had already heen held and that Ordinance #4 had encompassed
approximately two (2) years of hard work. Commission Member Helmbrecht stated that
the Commission is advisory.
Commission Member DeVine stated that the Olson's have waited many months for the
amendment for kennels to be added to Ordinance #4, lots have not heen sub.divided and
other items have been placed on hold.
Coneensus was to forward a request to Council requesting consideration of passing the
Kennel amendment by itself.
IX. ADJOURNMENT
Motion bv Commission Member DeVine. seconded bv Commission Member Hanson
to adionrn lbe March 6. 2002 Plannin!! Commission Meetin!! at 8:03 p.m. All in
favor. Motion carried nnanimouslv.
Transcribed by:
Teresa Bender, City Clerk
Page 5 of7