HomeMy WebLinkAbout2002-02-05 P & Z Agenda
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, FEBRUARY 5, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. OATH OF OFFICE
1. Ms. Mary Jo Hehnbrecht
III. PUBLIC HEARING (S)
IV. APPEARANCES
1. Mr. & Mrs. Carlie Olson (Dog KennelJIndustrial District)
2. Mr. Dennis Shudy (proposed Lot Split/Subdivision-Sheehy Property)
V. OLD BUSINESS
1. Ordinance #4 Amendments
2. Zoning Map Modifications
VI. NEW BUSINESS
1. Consideration of Mr. & Mrs. Carlie Olson's Request (Dog KenneJ/Industrial
District)
VD. DISCUSSION ITEMS
1. Conditional Use Permits-Containing same in Ordinance #4
2. Fence Permits - Containing same in Ordinance #4
VIII. CONSIDERATION OF MINUTES
1. January 8, 2002 Planning and Zoning Meeting Minutes
IX. ADJOURNMENT
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'Esta6(isfiei 1857
1880 'Main 5 treet . Centervifle, 'M'J{ 55038
(651) 429-3232 .;Fa:( (651) 429-8629
State of .Miuuesota
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Subscribed and sworn to before me this sth day of February, 2002.
Mary Jo Helmbrecht
Tim Swedberg, Mayor
Kim Moore-Sykes, City Administrator
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'Estah[isfiecf 1857
STAFF REPORT
DATE:
February 5, 2002
TO:
Planning Commission
Kim Moore-Sykes, City Administrator ~
FROM:
RE; Ordinance Change Request by Carlie and Shelley Olson
............................................................................
BACKGROUND
Mr. and Mrs. Olson have come before the Planning and Zoning Commission on several
occasions to request that Ordinance #4 be revised to allow animaI boarding kennels in the
Industrial Zoning District. They have requested that their proposal might be considered
individually by the Planning and Zoning Commission so that they may move ahead with
their plans to construct a dog kennel on property designated for Industrial use.
RECOMMENDATION
Based on Commission discussion.
Page 1 of 1
Kim Moore-Sykes
___,.,,"___ - - .___._____,_"'____...'_.0_'__ "."_._____.________..._._,.__ __ ________
From; carfie & shelley [fezanthunt@discover-net.net]
Sent: Monday, January 14, 2002 9:49 PM
To; ksykes@centervillemn.com
Ce: Kim Moore-Sykes
Subject: Letter to be submitted to Planning and Zoning Committee
To Planning and Zoning Committee:
The reason for this letter is to ask the committee to consider my ordinance change request separately
from the others in changes of ordinance 4. I request this due to the timing of wanting to build as soon
as possible this spring. The bank is slowing down the process of the loan due to no answers from the
land we have put earnest money on. I wish for the ordinance change to be passed through as soon as
possible so we can move on with the plans of building our boarding kennel facility. The committee is
being asked to approve the change and send it on to the City Council in the month of February for
their final approval Thank you for you time.
Shelley Olson
Cozy Critter Kennels
2652 8th Ave
Chetek, WI 54728
715-924-2823
1/15/02
'Esta6[ishd 1857
STAFF REPORT
DATE:
February 5, 2002
TO:
Planning Commission
Kim Moore-Sykes, City Administrator ~Wh
FROM:
RE:
Proposed Lot Split / Subdivision of Sheehy Property
............................................................................
BACKGROUND
In December, Dennis Shudy came to City Hall to ask about the City's process to
subdivide property. He informed Staff that he was interested in purchasing the Sheehy
property and subdividing it into four (4) lots. Staff advised him of the process, informing
him that he could schedule a public hearing at the January Planning and Zoning
Commission meeting.
On Thursday, January 31, 2002 Mr. Shudy contacted Staff about scheduling his item with
the Planning and Zoning Commission on the February meeting. Staff advised him that
we needed to publish a notice about the public hearing and we could do that for the
March meeting. He asked ifhe could meet with the Commission informally to discuss
his proposed lot split and subdivision. He further indicated that he had signed a purchase
agreement with Mr. Sheehy and would be submitting an application for a lot
split/subdivision of the property for the Commission's consideration at a public hearing
in March.
RECOMMENDATION
Dennis Shudy to appear informally before the Planning and Zoning Commission to
discuss this proposed lot split and subdivision.
..
AMENDMENTS TO ORDINANCE #4
FOURTH ADDITION
1. Division 30: Non-conforming Uses and Structures: Page 17, #B: The
time frame for an abandon or discontinued use has been extended to 12
months rather than 6 months under state statute.
2. Division 75: Final Grading and Landscaping: Page 21, subd.1: After
"grade as specified" the following language should be added "except
during inclement weather an escrow shall be deposited with the City as
approved in the fee schedule.
3. Division 080-100: Industrial District - Item "Special Requirements":
Page 35: This section should be deleted in its entirety as Division 135-140
on Page 46 is more comprehensive and complete.
4. Division 110: Sign Regulations: Page 39: This section should be deleted
due to Ordinance #39, Signage.
5. Division 135-140: Outside Storage: Residential Districts: Item C: Page
46: The heading should be changed to include dwelling units in the M-1
District.
6. Front yard set back on lakeside and rear yard at street side.
7. Site Plan Review Process should be explained. See attached memo.
8. Delete Sections 205-010 & 020. Page 68.
9. Add the following language regarding Commercial District.
General Minimum Requirements. The following minimum requirements, as set
forth, shall apply to all buildings that may be erected, converted or structurally
altered in Commercial Districts. Page 26. .
Setback. See Table A - Schedule of District Regulations Lot and Yard
Requirt:ments.
Building Height in Commercial Districts. As provided in Division 115.
Off Street Parking. As provided in Section 36 ofthis ordinance.
In addition to Division #90: Page 27.
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking area shall be surfaced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking
limits. Plans and specifications for parking areas shall be reviewed by
the Rice Creek Watershed District and approved by the City through
the site plan review process.
Page 1 of9
C. There shaD not be off street parking within five (5) feet from any
street right-of-way nor five (5) feet from any other lot line.
D. Also see Division 165.
Buffer Zone Between Commercial and Residential Districts. Where a Commercial
District abuts a Residential District, any new development shaD include a buffer
:Wne. There shall be a protective strip of not less than ten (10) feet in width. This
protective strip shall contain no structures, shall not be used for parking, off street
loading, or storage, and shall be landscaped. The landscape treatment shaD include
a compact screen wall or fence, but shall not extend within fifteen (15) feet of the
street right-of-way. The planting or fence desire must be approved by site plan
review process.
Screening Requirements. If the City Council requires any type of screening as a
condition for a Variance or Special Use Permit, the applicant shall comply with the
following conditions:
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete
within one (1) year from the date of building permit, subject to
extension by the City Council.
C. The screening shall be maintained after completion.
Landscaping. A minimum of ten (10) percent of any lot shaD be green space. Three
(3) percent of the surface area oCthe land within a parking area shall be landscaped
with grass and shrubbery or other approved ground cover. Landscaped areas will
continue to be maintained by the property owner on a continuous basis. Green
areas within abutting street right-of-ways will also be maintained by the property
owner. See division #160 for other requirements.
Site Plan. Site plans for all developments requiring a special use permit must be
submitted prior to the issuance of building permits. At least the foDowing
information shall be submitted for review: Page 28.
A. Site development plan.
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfaces, including all materials
proposed to meet the screening requirements of this ordinance.
C. Landscape plans, including the number, species, and size of all plantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures. Garages, accessory structures, screen walls, buildings, and
exposed areas of retaining walls shaD be of similar type, quality, and appearance as
the principal structure.
Page 2 of9
Exterior of Building. (Page 28) All buildings shall be finished on all sides with
permanent finished materials of consistent quality, per division 95, and Ordinance
#44-A.
Permitted Encroachments. The following shall not be considered as encroachments
on setbacks subject to other conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the comer right-of-way line.
Access drive onto county roads shall require a review by the City
Engineer. This review shall be measured along the property line from the
corner right-of-way line.
Special Use Permits
As provided in Division 200 of this ordinance. Page 29.
Criteria for IssuanCe of Special Use Permit. When reviewing an application for a special
use pennit the Planning and Zoning Commission and City Council shall considered the
following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and
structures with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfure.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
Page 3 of9
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof, and shall be of a
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises
or in such a manner as to be out of view from the street. In no event shall
container or their enclosures be placed or maintained in such a way to
unreasonably interfere with the use or enjoyment of adjoining property.
C. All garbage containers shall be screened with a suitable enclosure.
D. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Administrative Authority a container is found to be
in poor repair, corroded or otherwise defective the Administrative
Authority shall notifY, in writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Permitted Uses (Page 30)
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage
operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
L Eating and drinking establishments.
J. Financial institutions.
K. Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
Page 4 of9
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). (Page 31)
Purpose
It is intended that the I-I District provide opportunities fur light manufacturing and
industrial uses, trade businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum requirements, as set forth herein, shall apply to all buildings that
may be erected, converted or structurally altered in Industrial Districts.
Permitted Principal Uses/Uses Permitted on Special Use Permit
As provided in Section 080-100 of this ordinance.
Setback
See Table B- Schedule of District Regulations Lot and Yard Requirements.
In addition, side yards facing streets on comer lots shall be considered the same as front
yards. Where a front yard or side yard of a comer lot faces a residential district across a
street, the setback from the street shall be not less than 60 feet.
Building height in Industrial Districts
As provided in Division 115 of this ordinance.
Off Street Parking
As provided in Division 90 of this ordinance.
In addition to Division 90:
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking areas shall be surfaced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking limits.
Plans and specifications for parking areas shall be reviewed by the City
Engineer, and approved by the City Council prior to construction.
Page 50f9
C. All open street parking areas having more than six (6) parking spaces shall
be effectively screened by a wall, fence of acceptable design, or compact
hedge along all sides, which adjoin or are directly across the street from
the property in a residential zone or institutional use. Such wall, fence or
hedge shall be maintained in good condition. Plans for fencing shall be
approved by the City Council. The fence shall not be used for advertising
purposes. (Page31)
D. Parking constructed to fall within the minimum setbacks; See Table A.
E. Off street parking areas shall be so graded and drained as to dispose of all
surface water. Drainage plans shall be subject to approval of the City
Engineer. (Page 32)
F. Also see Section 165.
Buffer Zone Between Industrial and Residential Districts
Where the side yard of any Industrial District abuts a Residential District, the
minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted
within 40 feet of the side yard line. All side yard areas not utilized for parking
shall be landscaped with screening provided along the side lot line to within 15
feet of any public right-of-way.
Screening Requirements
If the City Council requires any type of screening as a condition for a Variance or
special use permit, the applicant shall comply with the following conditions;
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete
within one year from the date of building permit, subject to
extension by the City Council.
C. The screening shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of
planting and construction of the screening shall be filed with the
City in the form of a cash escrow or letter of credit. The cash
escrow or letter of credit amount shall be forfeited to the City if
any provisions of this section are violated.
Landscaping
A minimum often (10) percent of any lot shall be green space. Three (3) percent of the
surfuce area of the land within a parking area shall be landscaped with grass and
shrubbery or other approved ground cover. Landscaped areas will continue to be
maintained by the property owner on a continuous basis. Green areas within abutting
street right-of-ways will also be maintained by the property owner. Also see Section 160.
Site Plan
Site plans for all developments require special use permits prior to the issuance of
building permits. At least the following information shall be submitted for review:
A. Site development plan.
Page 6 of9
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfuces, including all materials
proposed to meet the screening requirements of this ordinance.
C. Landscape plans, including the number, species, and size of all plantings.
(page 33)
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures
Garages, accessory structures, screen walls and exposed areas of retaining walls shall be
of similar type, quality, and appearance as the principal structure. Accessory structures
shall comply with all of section 080-100.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of
consistent quality, per division 100, and amendment #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to other
conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the corner right-oi-way line.
Access drive onto county roads shall require a review by the City
Engineers.
Special Use Permits
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof; and shall be of a
Page 70f9
material not easily corrodible and equipped with suitable bandies and tight
fitting covers and shaI1 be kept covered when there is garbage stored
therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises
or in such a manner as to be out of view from the street. In no event shall
container or their enclosures be placed or maintained in such a way to
unreasonably interfere with the use or enjoyment of adjoining property.
(Page 34)
C. All garbage containers shall be screened with a suitable enclosure.
D. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Administrative Authority a container is found to be
in poor repair, corroded or otherwise defective the Administrative
Authority shall notifY, in writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Loading Facilities
Loading facilities shall be in the side of rear yards. When adjacent to and/or visible from
any public street, such facilities must be adequately screened.
Storage
For the purpose oftbis zoning district, car, vans and pick-up trucks parked outside and
used by employees and/or visitors in the normal course of the business operation will not
be constructed to be outdoor storage. Further, outside parked trucks and semi-tailers used
.in the normal business commerce will not be constructed to be outdoor storage;
A. Provided that the total number of trucks and semi-trailers does not exceed
the number of docks and/or bay doors, and
B. Such use is not constructed as an operation listed as a conditional use in
any industrial zone.
Permitted Uses
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging,
assembly and research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (Special Use Permit required)
Page 80f9
G. Mini-Storage (Special Use Permit Required - Page 35b
H. Kennels (Special Use Permit Required - Page 35)
Special Requirements
A. The storage of supplies, products, vehicles, equipment or other materials
shall be kept indoors unless totally screened from public rights of way and
adjacent properties. Adult orientated businesses are regulated separately
by City Ordinance.
2 Alnended:June27,2001
Page 9 of9
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/0 I
1 Amended: 1/10/01
Effective 9/5/00
City ofCentervilJe 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.
The City Council of the City of Centerville ordains as follows:
DIVISION 10: General Provisions
Section 010-010: Title. This ordinance shall be known as Ordinance #4, City of Centerville Zoning
Ordinance except as herein referred to as "this Ordinance".
Section 010-020: Purpose. It is the purpose of this Ordinance to:
. Protect and promote public health, safety and general welfare.
. Protect the natural resources in the City.
. Establish land use patterns and development regulations consistent with the City of
Centerville Comprehensive Plan.
. Prevent overcrowding of land.
. Limit congestion and promote safety in the public rights-of-way.
. Prevent the premature demand of public services.
. Stage development consistent with the efficient provision of public utilities and public
services.
. Maintain the small town character and quality of living in the community.
. Establish compatibility of land uses in the City to protect existing investments and
property values.
. Promote opportunities for cohesive and compatible business development.
. Establish guidelines and regulations to promote housing variety and quality living
environments.
Section 010-030: Jurisdiction. The geographic jurisdiction of this Ordinance includes the entire area
within the corporate limits of Centerville, Minnesota. Land areas which may be added to the City by
Annexation, merger or other means shall be classified R-1 Rural Residential until such time that the City
~ouncil may rezone the added territory to more appropriate classification.
Section 010-040: Application. Where the conditions imposed by any provisions of this Ordinance are
Page 1 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 111 0/0 1
Effective 915100
City of Centerville Ord. #4
either more or less restrictive than comparable conditions imposed by any other regulation, the
regulations which impose the higher standard or requirements shall prevail.
Section 010-050: Severability. If any provision of this Ordinance or the application of any provision to
particular circumstances is held invalid, the remainder of the Ordinance or the application of such
provision to other circumstances shall not be affected.
Section 010-060: Repeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts
thereof in force at the time this Ordinance shall take effect and Ordinances inconsistent herewith are
hereby repealed, including Centerville Ordinance #10. Nothing contained in this Ordinance repeals or
amends any Ordinance requiring a permit or license to engage in any business or occupation.
Division 15: Definitions
Section 015-010 Specific purposes. For the purposes of this Ordinance, certain words contained
herein have the following meaning. Other words not included in this Section shall have the meaning
defined in Minnesota State Statutes. Other words not so defined shall have the meaning customarily
associated with them.
Section 015-020: Definitions.
Abandonment - To cease or discontinue a use or activity without intent to resume, but excluding
temporary or short term interruptions to a use or activity during periods of remodeling, maintaining, or
otherwise improving or rearranging a facility, or during normal periods of vacation or seasonal closure.
Abutting - Having a common border with, or being separated from such a common border by a right-of-
way, alley or easement.
Accessory 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 69
4 Amended;
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/10/01
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 shall not be considered a structural
alteration.
Antenna - Any system of wires, poles, rods, reflecting discs, satellite dishes or similar devices used for
the transmission or reception of electromagnetic waves external to or attached to the exterior of any
building.
Apartment - A room or suite of rooms, including bath and kitchen facilities, in a multiple-family building
designed for occupancy by a single family.
Apartment, Accessory - An apartment that is secondary and incidental to a principal use or building.
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 f1oor-to-
ceiling height below the average grade of the adjoining ground. Split level, split entry and earth sheltered
homes shall be construed to satisfy basement requirements.
Block - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights-
of-way, shore lines, waterways or corporate boundary lines of the City.
Board - The Board of Appeals and Adjustments of the City of Centerville.
Boathouse - A structure designed and used solely for the storage of boats or boating equipment.
Building - Any structure having a roof which may provide shelter or enclosure of persons, animal or
chattel, and when said structure is divided by party walls without openings, each portion of such building
so separated shall be deemed a separate building.
Buildable Area - The space remaining on a zoning lot after minimum yard and open space requirements
have been met.
Building Coverage - See Lot Coverage.
Building Height - See Height.
~uilding Line - The line, parallel to the street line, that passes through the point of the principal building
~Iearest the front lot line.
Page 3 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ocd. #4
Building, Principal - See Principal Building.
Business Area - Any business activity, which renders service to other commercial or industrial
enterprises.
City Councilor Council - The City Council of the City of Centerville.
Clear Cutting - The indiscriminate removal of trees, shrubs, or undergrowth with the intention of
preparing real property for non-agricultural development purposes. This definition shall not include the
selective removal of non-native tree and shrub species when the soil is left relatively undisturbed, removal
of dead trees or normal mowing operations.
Clinic - Any establishment where human patients are examined and treated by doctors or dentists but not
hospitalized overnight.
Club - Any establishment operated for social, recreational, or educational purposes but open only to
members and not the general public.
Cluster Housing - The grouping of single-family dwellings within specified areas while maintaining the
same overall allowable density in that same area.
Commercial Use - An occupation, employment, or enterprise that is carried on for profit by the owner,
lessee, or licensee.
Commission - The Planning and Zoning Commission of the City of Centerville.
Commissioner - A member of the Planning and Zoning Commission.
Comprehensive Plan - A compilation of policy statements, goals, standards and maps for guiding the
physical, social and economic development of the City and including a land use plan, a community
facilities plan and a transportation plan which has been prepared and adopted by the City of Centerville.
Conditional Use - A use, which because of special problems of control requires reasonable limitations
peculiar to the use for the protection of the public welfare and the integrity of the Comprehensive Plan.
Conditional Use Permit - A permit, issued by the Council, in accordance with procedures specified in
this Ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or
conditions surrounding it after consideration of adjacent uses and their functions and the special problems
which the proposed use permits.
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
Page 4 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6127/01
1 Amended: 1110/01
Effective 9/5/00
City of Centerville Ord. #4
completely enclosed building used in conjunction with a contractor's business.
Coverage - That portion of a lot covered by principal and accessory use structures.
Cul-de-sac - A local street, one end of which is closed and consists of a circular turn around.
Day Care Facilities - A state licensed day care facility, as defined in Minnesota Statutes, Chapter 462.
Deck - A horizontal, unenclosed platform with or without attached railings, seats, trellises, or other
features, attached or functionally related to a principal use or site.
Density - The number of dwelling units permitted per net acre of land.
Development - All structures and other modifications of the natural landscape above and below ground
or water, on a particular site.
District - See Zone.
District Zoning - An area of land for which there are uniform regulations governing the use of buildings
and premises.
Drive-In Establishment - An establishment which accommodates the patron's automobile from which the
occupants may receive a service or in which products purchased from the establishment may be
consumed or business conducted in the automobile.
Dwelling - A building or portion thereof that provides living facilities for one or more families.
Dwelling, Single-Family, Attached (group, row, and townhouses) - One (1) of two (2) or more
residential buildings having a common or a party wall separating dwelling units.
Dwelling, Single-Family, Detached - A residential building containing not more than one (1) dwelling
unit entirely surrounded by open space on the same lot.
Dwelling, Two-Family - A building used exclusively for occupancy by two (2) families living
independently of each other.
Dwelling, Multiple - A detached, residential building containing three (3) or more dwelling units, including
what is commonly known as an apartment building, but not including group, row or townhouses.
~welling, Seasonal - A dwelling not used for permanent residence and not occupied for more then six
.. "onths in each year.
Dwelling Unit - One (1) or more rooms physically arranged so as to create an independent
Page 5 of 69
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3 Amended: 9/4/01
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housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for
cooking and sleeping.
Easement - The right of a person, government agency, or public utility company to use public or private
land owned by another for a specific purpose.
Essential Services - Public and private utilities required by the resident and working population.
Family - An individual, or two (2) or more persons related by blood, marriage or adoption, or a group of
not more than five (5) persons not so related, living together as a single housekeeping unit using common
cooking and kitchen facilities.
Facade - The exterior wall of a building exposed to a public view or that wall viewed by persons not within
the building.
Fence - Any artificially constructed barrier of any material or combination of materials erected to enclose
or screen areas of land.
Flood Plain - Flood plain or flood-prone area means any land area susceptible to being inundated by
water from any source.
Floodway - The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the 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
fJoodway fringe is subject to inundation by relativeiy 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
Page 6 of 69
4 Amended;
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Effective 9/5100
City ofCenterville Ord. #4
solely for the storage of motor vehicles, boats and other personal belongings which are owned or used by
the occupants of the building to which it is accessory
Glare - A sensation of brightness within the visual field that causes annoyance, discomfort, or loss in
visual performance and visibility.
Grade - The lowest point of elevation ofthe finished surface of the ground, paving, or sidewalk within the
area between the building and the property line, or when the property line is more than five feet from the
building, between the building and a line five feet from the building.
Height of Building - The vertical distance from the average elevation of the finished grade at the front of
the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the
mean height between eaves and ridge for gable, hip and gambrel roofs.
Home Occupation - An occupation, profession, activity, or use that is clearly a customary, incidental, and
secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
Hotel - A building occupied as more or less temporary abiding place of individuals who are lodged with or
without meals for compensation and in which there are more than ten (10) sleeping rooms usually
occupied singly, and in which no provision is made for cooking in any individual apartment.
Impervious Surface - Any material that substantially reduces or prevents the infiltration of storm water
into previously undeveloped land. Impervious surface shall include graveled driveways and parking
areas.
Industrial Park - A planned, coordinated development of a tract of land with two or more separate
industrial buildings. Such development is planned, designed, constructed, and managed on an integrated
and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs,
building design and orientation, and open space.
Intensive Vegetation Clearing - The complete removal of trees or shrubs in a contiguous patch, strip,
row, or block.
Junk Yard - Land or structures used for the storage or keeping of junk, including scrap metals, or for the
dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of
materials which is incidental or accessory to any business or industrial use on the same lot.
Light Manufacturing - The processing and fabrication of certain materials and products where no
process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions which will
disturb or endanger neighboring properties.
Lot - A platted parcel of land intended to be separately owned, developed, and otherwise used as a unit.
Page 7 of 69
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City ofCenterville Ord. #4
Lot Area - The area of horizontal plane bounded by the vertical planes through front, side, and rear lot
lines.
Lot, Corner - A lot abutting on and at the intersection of two or more streets.
Lot Coverage - Determined by dividing that area of a lot which is occupied or covered by the total
horizontal projected surface of al/ buildings, including covered porches and accessory buildings, by the
gross area of that 101.
Lot Depth - The average horizontal distance between the front and rear lot lines.
Lot, Interior - An interior lot is a lot other than a corner 101.
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 %) 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
Page 8 of 69
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Effective 9/5/00
City ofCenterville Ord. #4
E. Is a single parcel of commercial or industrial land of not less than five (5) acres
and having a width of not less then three hundred (300) feet and its conveyance
does not result in the division of the parcel into two or more lots or parcels, anyone
of which is less than five (5) acres in area or three hundred (300) feet in width; and
F. Is a single parcel of commercial or industrial land of not less than five acres and
having a width of not less then three hundred (300) feet and its conveyance does
not result in the division of the parcel into two or more lots or parcels, anyone of
which is less than five (5) acres in area or three hundred (300) feet in width; and
G. Is a single parcel of residential or agricultural land of not less then twenty (20) acres
and having a width of not less than five hundred (500) feet and its conveyance does
not result in the division of the parcel into two (2) or more lots or parcels, anyone of
which is less than twenty (20) acres in area or five hundred (500) feet in width.
Lot, Substandard - A lot or parcel of land that has less than the required minimum area or width, as
established by the zone in which it is located and provided that such lot or parcel was recorded as a
legally created lot on the effective date of the ordinance codified in this title.
Lot, Through - A lot having its front and rear yards each abutting on a street.
Lot, Width - The horizontal 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 69
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Effective 9/5100
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 inherent in uses of land or buildings.
Planned Unit Development - A tract of land, which will contain two or more principal structures,
developed under unified ownership or control, the development of which may be unique and of a
substantially different character than that of the surrounding area.
Planning and Zoning Commission - The Planning Commission of the City of Centerville.
Plat - The drawing or map of a subdivision prepared for filing of record pursuant to Chapter 505 and
containing all elements and requirements set forth in applicable local regulations adopted pursuant to
Section 462.358 and Chapter 505.
Portable Sign -Any sign not permanently attached to the ground or other permanent structure, or a sign
designed to be transported, including, but not limited to, signs designed to be transported by means of
wheels; signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for
advertising; and signs attached to or painted on vehicles parked and visible from the public right of way,
unless said vehicle is used in the normal day-to-day operations of the business.
Principal Use or Principal Structure - The main use to which the premises are devoted and the
purpose for which the premises exist.
Private Property - Any real property within the City which is privately owned and which is not a public
property as defined in this section.
Public Hearing - An official public meeting, which notice has been published in the official newspaper.
Public Property - Any street or highway that includes the entire width between the boundary lines of
every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly
owned property or facility.
Recreational Use - Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat
launches ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries,
shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, hiking, bicycling and
.orseback riding trails.
Page 10 of69
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3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
Recreational Vehicles - A mobile vehicle, including boats, used for recreational purposes capable of
being towed or being self-propelled.
Residential Facility - A state licensed residential facility, defined by Chapter 462,
Minnesota Statutes, serving six (6) or fewer persons, in a Single-Family Residential District and no more
than sixteen (16) persons in a Multiple-Family Residential District.
Right-of-Way - A street, alley or easement permanently established for the passage of persons and
vehicles, including the traveled surface of lands adjacent that are formally dedicated to such usage.
Semipublic Use - The use of land by a private, nonprofit organization to provide a public service that is
ordinarily open to some persons outside the regular constituency of the organization.
Setback - The minimum horizontal distance between a lot line and a building line or use.
Sewer System - Pipelines or conduits, pumping stations, forcemain, and all other construction devices,
appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point
of ultimate disposal.
Share Impact Zone - Land located between the ordinary high water level of a public water and a line
parallel to it at a set back of fifty percent (50%) of the structure setback.
Sign - Any name identification, display illustration structure or device which is publicly displayed and
which is used to direct attention to a product, person, business, institution or place.
Significant Historic Site - Any archaeological site, standing structure, or other property that meets the
criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic
Sites, or is determined to be an unplanted cemetery that falls under the provisions of Minnesota Statutes,
Section 307.08. A historic site meets these criteria if it is presently listed on either register or ifit 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 Slape - 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
available county soil surveys or other technical reports, unless appropriate design and construction
Page 11 of 69
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Effective 9/5/00
City of Centerville Ord. #4
techniques and farming practices are used in accordance with the provision of this ordinance. Where
specific information is not available, steep slopes are land having average slopes over twelve percent
(12%), as measured over horizontal distances of fifty (50) feet or more.
Street Access - A public thoroughfare, which affords the principal means of abutting land.
Street Line - The legal line of demarcation between a street and abutting land.
Structure - Anything constructed or erected, the use which requires a location on the ground, or attached
to something having a location on the ground, or an attachment to something having a fixed location on
the ground; including, in addition to buildings, billboards, carports, porches, decks and other building
features, but not including sidewalks, drives, swing-sets, enclosed play structures under fifty (50) square
feet, fences and patios.
Structural Alteration - Any change in the supporting members of a building or structure, such as bearing
walls, columns, beams, or girders; provided, however, the application of any exterior siding to an existing
building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
Subdivision - The separation of an area, parcel or tract of land under single ownership into two or more
parcels, tracts, lots, or long-term leasehold interests where the creation of the leasehold interest,
necessitates the creation of streets, roads, or alleys, for residential, commercial, industrial, or other uses
or any combination thereof, except those separations:
A. Where all the resulting parcels, tracts, lots, or interests will be twenty (20) acres or
larger in size and five hundred (500) feet in width for residential uses and five (5)
acres or larger in size for commercial and industrial uses; and
B. Creating cemetery lots; and
C. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or activity for which the land or building thereon is
designed, arranged, or intended, or for which it is occupied or maintained and shall
include any manner of performance of such activity with respect to the performance
standards of this ordinance.
Supply Yard - A commercial establishment storing or offering for sale building supplies, steel supplies,
coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking,
salvaging, dismantling or storage of automobiles and similar vehicles.
Townhouse - Single-family, attached units in structures housing three or more continuous dwelling units,
sharing a common wall, each having separate and individual front and rear entrances; the structures
,eing as of a row house type as distinguished from multiple dwelling apartment buildings.
Page 120[69
4 Amended:
3 Amended: 9/4/0 I
2 Amended: 6/27/01
J Amended: 1/10/01
Effective 9/5/00
City of Centcrville Ord. #4
Travel Trailers - A mobile vehicle with wheels, designed for overnight living or camping purposes,
capable of being towed by a motor vehicle.
Use, Permitted - A use that is permitted in the district under which it is listed.
Usable Open Space - A ground area on a lot, which is graded, developed, landscaped or equipped or
intended and maintained for recreation or leisure, available to and useable by persons occupying a
dwelling unit and their guests.
Variance - The waiving by Board action of the literal provisions of the Zoning Ordinance in instances
where their strict enforcement would cause undue hardship because of circumstances unique to the
individual property under consideration.
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
orizontal distance between the lot line and the building line.
Page 13 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/10/01
Effective 9/5/00
City of Cen'erville Ord. #4
Yard, Frent P. yara e)(t6ASiI9EJ 88r888 t~e Rill wiBtfil of tM6 treMt 'at aet'....eafl siaa 'st 'iAes aFta f)lJSA€liM@
freffi tRs aBt;ltti~EJ street ri@At sf VJay Iifte fe a efef}tA r8€1l;1irea il'1 tA8 yare regl::Jlati€lAB sf tf.=.le ElistriBt if-l '.\'f;;iaR
SlJeA let isle6stsa. OFt a 156n~er let tAe street aasr8s8 er Ftarrer~\'egt street difM€Hil8ieFl sfiAe street 8~a" B6
ti'le 'refit :lsnt 1
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.
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.
Page 14 of69
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3 Amended: 9/4/01
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I Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
Division 20: Scope and Interpretation
A. Scope
No structure, or part, thereof, shall be erected, converted, enlarged, reconstructed,
altered or moved without a permit approved by the City. No structure or land shall
be used for any purpose or altered in any manner that is not in conformity with the
provisions of this Ordinance. Unless otherwise noted, no structure permitted under
this Ordinance may be inhabited or occupied without a Certificate of Occupancy
issued by the City.
B. Relationship to Comprehensive Plan
Interpretation and enforcement of the provisions of this Ordinance are intended to
be consistent with the implementation of goals, policies and land use elements of
the Centerville Comprehensive Plan to the extent practical or required by law. The
application of or amendments to this Ordinance, which are determined to be
inconsistent with the Comprehensive Plan, shall require amendments to the
Comprehensive Plan, this Ordinance or both.
C. Minimum Requirements
In their interpretation and application, the provisions of this Ordinance shall be held
to be the minimum requirements for the promotion of the public health, safety and
general welfare.
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
Page 15 of69
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3 Amended: 914101
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Effective 9/5/00
City of Centerville Ord. #4
timeline for action.
F. Other Ordinances
The City has enacted or may enact other Ordinances that may supplement or
supercede this Ordinance, including but not limited to the Subdivision Ordinance,
Shoreland Ordinance and the adoption of building codes. Users of this Ordinance
should contact the City to determine whether certain provisions in this Ordinance are
affected by other Ordinances.
G. Adopting the Minnesota Building Code
Providing for its administration and enforcement, regulating the erection,
construction, occupancy, equipment, use, height, area and maintenance of all
buildings and/or structure in the City of Centerville; providing penalties for the
violation thereof.
Division 25: Lot Provisions
Lots of Record
A. No lot of record shall be reduced in size below the district requirements in
Section 080-030; and
B. An existing lot of record shall be deemed a buildable lot even though the lot area
and/or dimensions are less than those required for the district provided as follows:
1. Evidence must be presented that the lot in question met
minimum requirements for the division of property under
ordinance regulations in effect at the time of the division of
property; and
2. It fronts on a public street; and
3. The lot is within seventy percent (70%) of the minimum lot area
and lot width required.
C. If two (2) or more lots are in single ownership and if all or part of the lots do not meet
the width and area requirements of this Ordinance, the contiguous lots shall be
considered to be an undivided parcel for the purpose of this Ordinance.
Page 16 of69
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3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1110/01
Effective 9/5/00
City of Cenlervi!]e Ord. #4
Division 30: Non-Conformina Uses and Structures
Any structure or use existing upon the effective date of the adoption of this Ordinance, which does not
conform to the provisions of the Ordinance, may be continued subject to the following conditions:
A. The non-conforming use is not expanded or enlarged, except in conformity with the
provisions of this Ordinance; and
B. If a non-conforming use is discontinued or a non-conforming structure is abandoned
for a period of sile (6) twelve (12)4 months, further use of the structure or property
must conform to this Ordinance; and
C. If a non-conforming use is replaced by another use, the new use shall conform to
this Ordinance; and
D. If a non-conforming use or structure is damaged by any cause to the extent that
repair or replacement costs exceed fifty percent (50%) of the market value, the use
or structure may not be replaced or repaired except in conformity with this
Ordinance; and
F. Normal maintenance of a non-conforming structure is permitted, including necessary
non-structural repairs and incidental alterations which do not extend or intensify the
non-conforming use.
Division 35: Home Occupations
Home occupations in the City must meet the following criteria:
A. Home occupations shall be conducted solely by persons residing in the residence
with the exception of no more than one additional non-related employee; and
B. All business activities and storage shall take place within the structure; and
C. There shall be no alteration to the exterior of the residential dwelling, accessory
building or yard that in any way alters the residential character of the premises; and
D. 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
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
Page 17 of69
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3 Amended: 914101
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Effective 915100
City of Centerville Ord. #4
merchandise may not constitute more than fifty percent (50%) of the principal
structure square footage; and
G. Unless completely enclosed within an approved structure, no vehicle used in the
conduct of the occupation shall be parked, stored or otherwise present at the
premises other than such as is customarily used for domestic or household
purposes. See Section 135-140: Outside Storage.; and
H. Only on-site off-street parking facilities typically associated with a residence shall
be used; and
I. The conduct of an occupation or the use of substances which may be hazardous to
or in any way jeopardize the health, safety or welfare of neighbors and neighboring
property shail not be permitted.
Division 40: Single-Familv DwellinQ Requirements
Ail Single-family, detached dwellings shail be constructed according to the following minimum
standards:
A. Ail dweilings shail 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, shail not
be permitted; and
C. Ail Single-family, detached dweilings shail 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 shail have at
least a 3/12 roof pitch and shail be covered with an approved roofing material; and
E. All Single-family dweilings shail have roof overhangs, which extend a minimum of
one (1) foot from all the wails of the structure.
Division 45: Temporary Dwellinqs and Structures
The use and occupancy of a tent, recreation vehicle or other temporary dweilings 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 shail be permitted only
during the period that the construction work is in progress. Permits for temporary structures shall be
issued for a six (6) month period, but are subject to the Minnesota State Building Code.
Page 18 of69
4 Amended:
3 Amended: 914101
2 Amended: 6127/01
I Amended: lIlO/O!
Effective 915/00
City of Centerville Ord. #4
Division 50: Driveway 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.
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.
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:
A. The building or structure is compatible in appearance, age and character with
existing buildings and structures in the area; and
B. The building or structure meets all code requirements for new buildings or
structures; and
C. The building or structure is compatible with any other buildings or structures
existing on the same property; and
D. The building or structure meets all other requirements of this Ordinance and any
other City ordinances; and
Division 65: Accessory Structures and Uses
No more than two (2) accessory structures are permitted on any Single-family, detached dwelling parcel
located in any district except R-1. Combined aggregate square footage for accessory structures may not
exceed two hundred (200) square feet or two percent (2%) of the lot area whichever is greater, except in
the M-1 and R-4 District.2 No accessory structure may be constructed on a parcel without a principal
structure. Accessory structures must have a minimum of a five (5) foot side setback and a ten (10) foot
rear setback, except in the M-1 District where the building code governs the setbacks. No structure may
be placed in an easement.
In case an accessory structure is attached to the main building, it shall be made structurally a part of the
main building and shall comply in all respects with the requirements of this Ordinance applicable to the
main building. t^,,~ aeees8ery 15t:1i1€1iRg, elf1ISS8 atta8~ea ts a~d maela S fJsrt sf tt1s maiA
Page 19 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
Bl::Jileing, sAall n@t Be eleser t198Fl fi'w'e (a) feet te t196 msifl l3uil€iiR~, 6)(€e~t 88 6t~erNise I3r@viasa iFl tRia
seetieH'!. 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.' The side walls
of an accessory building may not exceed ten (10) feet in height. The total area of an attached accessory
building 1 garage) 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 vard
area. 2
Commercial uses 1 as defined bv Ordinance #4) in the M-1 District will follow the Commercial guidelines
for percentaqe of green space. For all other properties in the M-1 District. the maximum accessory
structure allowed is 704 square feet and 440 square feet in the R-4 District. neither fl€ll:4 to exceed the
size of the principal structure if an attached qaraqe does not exist. If an attached garaqe exists. the
maximum accessory structure allowed is two (2) percent of the lot size or a ffiiAiffiOlffi maximum4 of 200
square feet.
Division 70: Site Plan Review Required
For all land use applications or permit applications eti'ler ti'lBA SiA!jle fBffiily rtssi€leAtial Ae'"" eeAstrldetieA
13l:1i1€lil'l!j J3erffiits, a site plan review is required bv the Zoninq Administrator or their designee. Said review
shall take place thirty (30) days prior to the desired Planninq and Zoninq meeting4.
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 including 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
Page 20 of 69
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3 Amended: 9/4/01
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City of Centerville Ord. #4
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
certifications when appropriate or required.
Section 070-020: Review Requirements. For actions that will require committee review, applicants
shall submit sixteen (16) sets of site plans with a required application form and appropriate fees to the
City Clerk for distribution. Site plans will be evaluated for consistency with documentation requirements.
Upon acceptance of the application, site plans will be distributed to the appropriate City entity for review
and recommendation.
Action to approve, modify or deny site plan applications will be based upon consistency of the application
with the City's Comprehensive Plan, Zoning Ordinance, other policies and official controls and the
compatibility of the proposed action with existing area land uses, existing area investments and
neighborhood character, capacity of public streets and utilities and future planned land uses.
Section 070-030: Exceptions. The City may waive certain submittal requirements for residential
variance applications, when it is determined that submittal requirements are not applicable or are not
necessary to complete a review of the proposed action. The City may also waive certain submittal
requirements for other actions, when site plan information for the subject property has previously been
submitted to the City and may be more appropriately supplemented with new information.
Division 75: Final Gradino and Landscaping
Lots in all districts shall be subject to the following:
Subd. 1
No Occupancy Permit shall be issued until the lot upon which the structure is
constructed is brought to finished grade as specified. except durino inclement
weather approved in the fee schedule: except durino inclement weather an
escrow shall be deposited with the City as approved in the fee schedule4: 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.
Page 21 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1110/01
Effective 9/5/00
City of Centerville Ord. #4
Division 80: Zoning Districts/Use Regulations
Section 080.010: Zoning Map. A map entitled "Centerville Zoning Map" is hereby adopted by reference
and declared to be part of this Ordinance as the Official Zoning Map.
Such map shall be on permanent file and available for public inspection in the City Hall. It shall be the
responsibility of the City Clerk to maintain and keep the map up to date and to record each amendment
thereto within thirty (30) days after official publication of the ordinance adopting the amendment.
Section 080-020: Interpretation of the Zoning Map. Where due to the scale, lack of detail or illegibility
of the Zoning Map attached hereto, there is an uncertainty, contradiction or conflict as to the intended
location of any zoning district boundary as shown thereon, the Zoning Administrator shall make an
interpretation of the map upon the request of any person. Any person aggrieved by any such
interpretation may appeal such interpretation to the Board of Appeals and Adjustments. The Board of
Appeals and Adjustments, in interpreting the Zoning Map or deciding any appeal, shall apply to the
following standards:
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
Page 22 of 69
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Effective 9/5/00
City of Centerville Ord. #4
B-1 Commercial
1-1 Industrial Park District
P-1 Public/Institutional District
M-1 Mixed Use
Section 080-040: Rural Residential (R.1).
Purpose
The purpose of the R-1 District is to allow agricultural activities and non-sewered residential dwellings as
interim uses of the land. The City has limited vacant land for development and all land in the City is
planned for eventual urban uses. Because of the limited duration anticipated for agricultural uses in the
City and the incompatibilities which often exist between agricultural and non-agricultural uses, permitted
uses in the R-1 District will not reflect intensive commercial agricultural uses.
Permitted Uses
A. Single-family, detached, dwellings at a density not exceeding one (1) home per ten
(10) acres; and
B. Residential accessory uses and home occupations; and
C. Crop production and vegetable gardening; and
D. Produce stands for products raised on the premises; and
E. Tree nurseries and sod farms; and
F. Horses, livestock and fowl, not exceeding a density of one (1) horse or livestock
animal per acre or three (3) fowl per acre.
Special Requirements
Agricultural uses are permitted in the R-1 District subject to the following requirements:
A. Feed lots, runs, pens and similar intensively used facilities for animal raising and
care shall not be located within three hundred (300) feet of a neighboring property;
and
B. Accessory farm buildings shall not be erected within one hundred (100) feet of a
neighboring property.
Section 080-050: High Density, Single-Family, Residential (R.2A).
Purpose
It is intended that the R-2A District provide for higher density single family detached, attached and
Page 23 of 69
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3 Amended: 9/4/0 I
2 Amended: 6/27/01
[ Amended: 1110/0]
Effective 9/5/00
City of Centerville Ord. #4
multiple dwelling opportunities in areas where public utilities are available and required for service. The
design and circulation of new residential areas are also intended to be complimentary with and enhance
the community's small town atmosphere.
Permitted Uses and Structures
A. Single-family, detached dwellings.
B. Single-family, attached dwellings with more than four (4) dwelling units per building.
C. Apartments or condominiums at a density not exceeding twelve (12) units per acre.
D. Accessory uses.
E. Public parks and recreation uses.
F. Day care facility.
G. Residential facility.
H. Home occupations.
Section 080-060: Single-Family, Residential (R-2).
Purpose
It is intended that the R-2 District provide for lower density traditional single family detached dwelling
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.
Page 24 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
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.
B. Single-Family, attached dwellings with four (4) units or less.
C. Accessory uses.
D. Public parks and recreation facilities.
E. Day care facility.
F. Residential facility.
G. Home occupations.
Special Requirements
Manufactured homes are permitted in all residential districts if they meet the design criteria for such
districts. All other manufactured homes shall be located only in designated manufactured home districts,
which meet the requirements of this Ordinance. The general intent of this district is to provide for
manufactured housing in subdivided developments, in safe, attractive residential neighborhoods with all
urban services and desired amenities as other residential areas. No person shall erect, establish, extend
or enlarge a manufactured housing development within the limits of the City of Centerville without first
obtaining Site Plan approval from the City Council upon receipt of the recommendation of the Planning
and Zoning Commission. Approval shall be granted only upon compliance with all the following: 1.)
Compliance with all other terms of this Ordinance #4, Centerville Zoning Ordinance; 2.) Compliance with
all the terms of Ordinance #8, Centerville Subdivision Ordinance; 3.) The proposed development must be
located in the City's urban service area as shown in the Comprehensive Development Plan, and must be
served by public utilities as approved by the City of Centerville.
Page 25 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/1 % I
Effective 9/5/00
City of Centerville Ord. #4
Section 080-080: Single-Family, Residential - Estate (R-5).
Purpose
It is intended that the R-5 District provide for low-density traditional single family residential where public
utilities are available and required for service. The design and circulation of new residential areas are
also intended to be complimentary with and enhance the community's small town atmosphere.
Permitted Uses
A. Single-Family, detached dwellings.
B. Accessory uses.
C. Public parks and recreation uses.
D. Day care facility.
E. Residential facility.
F. Home occupations
Section 080.090: Commercial District (B-1).
Purpose
It is intended that the B-1 District provide opportunities for retail and service business uses which require
larger development sites, highway visibility or highway access.
General Minimum Reauirements
The following minimum reauirements. as set forth, shall apply to all buildinas that may be erected,
converted or structurally altered in Commercial Districts.
Setback
See Table A - Schedule of District Reaulations Lot and Yard Reauirements.
Buildina Heiaht in Commercial Districts
As provided in Division 115 of this ordinance.
Off Street Parkina
As provided in Section 36 of this ordinance.
Page 26 of 69
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3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: ] /10/0 1
Effective 9/5/00
City of Centerville Ord. #4
In addition to Division 90:
A. Space for a sinqle vehicle shall be nine (9) feet by eiqhteen (18) feet or larqer.
B.. Off street parkinq area shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parkinq limits. Plans and
specifications for parking areas shall be reviewed by the Rice Creek Watershed, and
approved by the City. Approval from the City will occur only after completion of the
site plan review process. The site plan review process requires a hearing before the
Planninq and Zoning Committee and the 9ity Council.
C. There shall not be off street parking within five (5) feet from any street right of way
nor five (5) feet from any other lot line.
D. Also see Division 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 1101 feet in width. This protective strip shall
contain no structures, shall not be used for parkinG, off street loadinG, or storaqe, 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 riqht-of-way. The planting or fence desiqn must be approved by the
site plan review process. The site plan review process requires a hearinq before the PlanninG .and Zoning
Committee and the City Council. Per Division 70.
Screenina Reauirements
If the City Council reGuires any type of screeninq as a condition for a variance or special use permit:
the applicant shall comply with the followinq conditions:
A. File a COpy of the screeninG plans with the Zoning Administrator.
B. The screeninq, planting or construction, or both shall be complete within one year
from the date of the buildinq permit. subject to extension by the City Council.
C. The screening shall be maintained after completion.
Landscaping
A minimum of ten (10) percent of any lot shall be qreen space. Three (3) percent of the surface area of
the land within a parking area shall be landscaped with qrass 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 right-of-ways will also be maintained by the property owner. See
division #160 for other requirements.
Page 27 of69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City ofCenterville Ord. #4
Site Plan
Site plans for all developments requirinq a special use permit must be submitted prior to the issuance of
building permits. At least the following information shall be submitted for review:
A. Site development plan.
B. Buildinq plans. includinq building elevations. indicating mass, buildino materials. and
color of all exterior surfaces. including all materials proposed to meet the screening
requirements of this ordinance.
C. Landscape plans. includinq the number, species, and size of all plantinos.
D. Grading, drainage, parking areas, items to be stored, and utilitv plans.
Accessory Buildings
Garages, accessory buildinqs, screen walls, buildings, and exposed areas of retainino walls shall be of
similar type, quality. and appearance as the prinCipal structure.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of consistent quality, per
Division 95, and Ordinance #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks sub/ectto other conditions within
this ordinance:
Off street parking spaces, flues. belt course, leaders, sills. pilaster. lintels, cornices, eaves. gutters.
awninqs. open terraces, service station pump islands. open canopies. steps, chimneys, f1ao poles,
ornamental features, open fire escapes, sidewalks. and fences, except as hereinafter amended.
Exterior Merchandise
See section 135.140.
Liahting
See Section 135-040.
Driveways
A.
No driveway shall be located within one hundred (100) feet of any right-of-wav
line of a street intersection. Said distances shall be measured alono the property
line from the corner riqht-of-way and County line.
B.
Access drive onto county roads shall require a review bv the City Enoineer.
Page 28 of 69
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3 Amended: 9/4/01
2 Amended: 6/27/0 I
I Amended: iii % I
Effective 9/5/00
City of Centerville Ord. #4
This review shall be measured along the propertv line from the corner riqht-of-
wav and County line.
Special Use Permits
As provided in Division 200 of this ordinance.
Criteria for issuance of Special Use Permit. When reviewinq an application for a special use permit the
Planning 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 contiguous 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.
Sians
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with. at owners expense, an adequate number of
approved containers to hold the garbaqe accumulated by such premises. Such
containers shall be made of metal or other suitable material. shall be water tight,
insect and rodent proof, and shall be of a material not easily corrodible and
equipped with suitable handles and tiqht fittinq covers and shall be kept covered
when there is qarbage stored therein.
B.
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 enjoyment of adioininq property.
C.
All qarbaqe containers shall be screened with a suitable enclosure.
D.
Every 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 writing, the provider
Page 29 of 69
4 Amended:
3 Amended: 9/4/01
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Effective 9/5/00
City of Centerville Ord. #4
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 reoair.4
Permitted Uses
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
J. Financial institutions.
K. Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
a. Commercial recreation.
R. Animal clinics.
S. Car washes.
Page 30 of69
4 Amended;
3 Amended; 9/4/01
2 Amended: 6/27/01
I Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
T. Liquor stores.
Section 080-100: Industrial District (1-1).
Purpose
It is intended that the 1-1 District provide opportunities for light manufacturing and industrial uses, trade
businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The followina minimum reauirements, as set forth herein, shall apply to all buildings that may be erected,
converted or structurally altered in Industrial Districts.
Permitted Principal Uses/Uses Permitted on Special Use Permit
As provided in Section 080-100 of this ordinance.
Setback
See Table B - Schedule of District Reaulations Lot and Yard Requirements.
In addition, side yards facina streets on corner lots shall be considered the same as front yards. Where a
front yard or side yard of a corner lot faces a residential district across a street, the setback from the
street shall be not less than 60 feet.
Building height in Industrial Districts
As provided in Division 115 of this ordinance.
Off Street ParkinCl
As provided in Division 90 of this ordinance.
In addition to Division 90:
A. Space for a single vehicle shall be nine (9) feet bv eiahteen (18) feet or larger.
B. Off street parkina areas shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parkina limits. Plans and
specifications for parking areas shall be reviewed by the City Engineer, and
approved by the City Council prior to construction.
C. All open street parking areas having more than six (6) parking spaces shall be
effectively screened by a wall, fence of acceptable desian. or compact hedae alona
all sides which adioin or are directly across the street from the property in a
residential zone or institutional use. Such wall, fence or hedae shall be maintained
in aood condition. Plans for fencing shall be approved bv the City Council. The
fence shall not be used for advertising purposes.
D. Parkino Constructed to fall within the minimum setbacks See Table A.
Page 31 of 69
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3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/1 % 1
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City of Centerville Ord. #4
E. Off street parkina areas shall be so araded and drained as to dispose of all surface
water. Drainaae plans shall be subiect to approval of the Citv Enaineer.
F. . Also see Section165.
Buffer Zone Between Industrial and Residential Districts
Where the side yard of any Industrial District abuts a Residential District. the minimum side yard setback
shall be sixty 60 feet. Parkina of vehicles will be permitted within (40) feet of the side yard line. All side
yard areas not utilized for parkina shall be landscaped with screenina provided along the side lot line to
within (15) feet of any public riaht-of-way.
ScreeninQ ReQuirements
If the City Council reauires any type of screenina as a condition for a variance or special use permit. the
applicant shall comply with the following conditions:
A. File a copy of the screenina plans with the Zoning Administrator.
B. The screenina, plantina or construction. or both shall be complete within one
year from the date of buildina permit. subiect to extension by the City
Council.
C. The screening shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of plantina and
construction of the screenina, shall be filed with the City in the form of a cash
escrow or letter of credit. The cash escrow or letter of credit amount shall be
forfeited to the City if any provisions of this section are violated.
LandscapinQ
A minimum of ten (10) percent of any lot shall be areen space. Three (3) percent of the surface area of
the land within a parkina area shall be landscaped with arass and shrubbery or other approved around
cover. Landscaped areas will continue to be maintained by the property owner on a continuous basis.
Green areas within abutting street riaht-of-ways will also be maintained by the property owner. Also see
Section 160.
Site Plan
Site plans for all deyelopments require special use permits prior to the issuance of buildinq permits.
At least the following information shall be submitted for review:
A. Site deyelopment plan.
'.
B.
Buildina plans, includina buildina elevations. indicating mass, buildina materials.
and color of all exterior surfaces, including all materials proposed to meet the
screenina reauirements of this ordinance.
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3 Amended: 914101
2 Amended: 6127101
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Effective 915/00
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C. Landscape plans. including the number. species. and size of all plantings.
D. Gradinq. drainage. parkinq areas, items to be stored. and utility plans.
Accessory Buildinas
Garaqes. accessory buildings. screen walls and exposed areas of retaininq walls shall be of similar type.
quality. and appearance as the principal structure. Accessory structures shall comply with all of section
080-100.
Exterior of Buildina
All bUildinqs shall be finished on all sides with permanent finished materials of consistent quality. per
division 100. and amendment #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subiect to other conditions within
this ordinance:
Off street parking spaces. flues. belt course. leaders. sills. pilaster. lintels. cornices. eaves. gutters.
awninas. open terraces. service station pump islands. open canopies, steps. chimneys. flaq poles.
ornamental features. open fire escapes. sidewalks, and fences. except as hereinafter amended.
Exterior Merchandise
See Section 135-140.
Lighting
See Section 135-040.
Driveways
A.
No driveway shall be located within one hundred (100) feet of any riqht of-way line
of a street intersection. Said distances shall be measured along the property line
from the corner riqht-of-way line.
B.
Access drive onto county roads shall require a review by the City Enaineer.
Special Use Permits
As provided in Division 200.
Refuse
A. 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 easilv corrodible and
equipped with suitable handles and tight fitting covers and shall be kept covered
Page 33 of 69
4 Amended:
J Amended: 9/4/01
2 Amended: 6/27/0 1
1 Amended: 1/10/0 j
Effective 9/5/00
City of Centerville Ord. #4
when there is qarbaqe stored therein.
B. 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 wav to unreasonablv interfere
with the use or eniovment of adioininq property.
C. All qarbaqe containers shall be screened with a suitable enclosure.
D. Every 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 Authority a container is found to be in poor repair. corroded or
otherwise defective the Administrative Authority shall notify, in writinq. the provider
or user of the container of the deficiency and shall require the repair or replacement
of the container within fifteen (15) days. All container enclosures shall also be kept
in qood repair.
Loadina Facilities
Loadinq facilities shall be in the side of rear yards. When adiacent to and/or visible from any public
street. such facilities must be adequately screened.
Storaae
For the purpose of this zoninq 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 constructed to be
outdoor storage. Further. outside parked trucks and semi-trailers used in the normal business commerce
will not be constructed to be outdoor storaqe:
A. Provided that the total number of trucks and semi-trailers does not exceed the number
of docks and/or bay doors, and
B. Such use is not constructed as an operation listed as a conditional use in any industrial
zone.'
Permitted Uses
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging, assembly and
research uses, except waste management.
E. Indoor shooting/archery range and sales.
Page 34 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1110/01
Effective 915100
City of Centerville Ord. #4
F. Truck terminals. (Special Use Permit required)
G. Mini-Storage (Special Use Permit Required).2
H. Kennels (Special Use Permit Required)4
Special Requirements
The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless
totally screened from public rights of way and adjacent properties. Adult orientated businesses are
regulated separately by City Ordinance.
Section 080-110: Public/Institutional District (P-1).
Purpose
It is intended that the P-1 District provide opportunities for government facilities, schools, churches,
hospitals, libraries and other similar public and institutional uses.
Permitted Uses
A. Government buildings, structures, facilities, utilities, rights-of-way, easements,
parks, open spaces and vacant land.
B. Schools, churches, cultural and educational facilities and uses, libraries, hospitals
and health facilities.
Section 080-120: Mixed Use District (M-1).
Purpose
It is intended that the M-1 District provide for the unique layout and character of a traditional central
business district with retail, professional office, residential, and other mixed uses.
Permitted Uses
A. Retail sales conducted within structures, but excluding automobile and motorized
equipment sales, truck stops, gasoline and fuel sales, drive through restaurants.
B. Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
C. Professional and business offices.
D. Multiple residences and accessory uses.
E. Accessory apartments.
Page 35 of 69
4 Amended:
J Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of CentervilJe Ord. #4
F. Theaters and recreational businesses conducted within structures.
G. Public buildings.
Special requirements
It is the intent of these provisions to allow for flexibility of land uses and exceptions to traditional
dimensional standards, when other conditions and special requirements are met. These provisions are
not meant to allow unrestricted leapfrogging of land uses or disregard for compatibility of land uses.
Greater flexibility in zoning regulations often leads to more subjectivity in land use interpretations. In
making zoning decisions about land use compatibility and dimensional criteria for uses and structures, the
City shall have broad discretion to protect the public health, safety and welfare; and to protect the
residential integrity of the Mixed Use District and surrounding residential neighborhoods.
Setbacks and lot coverage for new or expanded structures shall be determined through the Site Plan
Review process by the Planning and Zoning Commission. Factors to be considered in the determination
shall include; but not be limited to, existing setbacks, structural appearance, site drainage, public access,
pedestrian safety, automobile safety, intersection visibility, height, parking, landscaping and other site
design factors. Residential dwellings shall not be prohibited or discouraged in the M-1 District.
The use or conversion of a residential structure for commercial use, other than a home occupation, shall
require Site Plan approval by the Planning and Zoning Commission. Factors to be considered for such a
use conversion include, but are not limited to, compatibility with adjacent land uses, structural
appearance, structural adaptability, investment relationship, term or length of conversion (interim or
permanent) and consistency with any land use plans prepared by the City for the Mixed Use District.
The architectural design and exterior building materials used in connection with any new or expanded use
or structure shall be consistent with any architectural design or aesthetic control requirements established
by the City for the Mixed Use District.
Division 85: Zero Lot Lines
In new residential subdivisions in M-1, R-2A, R-2, R-3 and R-4 Residential Zoning Districts, structures
may be arranged to include one (1) zero lot line provided that no windows or doors open on this side of
the structure. The appropriate setbacks apply.
Division 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
'Ian 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.
Page 36 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1110/01
Effective 9/5/00
City of Centerville Ord. #4
Uses
Minimum Parking Required
Residential...................................2/dwelling unit
Churches .....................................1/3 seats in largest assembly
Schools ........................................ 1/classroom plus 1/3 seats in largest assembly
Theaters....................................... 1/3 seats
Restaurants .................................1/3 seats
Offices.......................................... 5/1 ,000 square foot gross floor space
Retail............................................6/1 ,000 square foot gross floor area
Convenience Stores..................... 7/1 ,000 square foot gross floor area
General Services .........................4/1 ,000 square foot gross floor area
Trade Businesses ........................3/1,000 square foot gross floor area
Manufacturing .............................. 3/1 ,000 square foot gross floor area
Other Industrial............................3/1 ,000 square foot gross floor are
Car Washes ................................. 5/stacking per bay
Drive-Up Restaurants ..................5 Stacking plus 1/3 seats
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 Buildina Materials
Industrial buildings are required to be constructed of brick, decorative block or approved textured
Page 37 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
J Amended: 1/]0/01
Effective 9/5/00
City of Centerville Ord. #4
masonry product. Pole bam type buildings are not allowed. Buildings are required to have contrasting
architectural features and must be designed to be aesthetically pleasing.
Division 105: Fences
A. All fences shall be located entirely upon the property of the fence owner unless the
owner of the adjoining property agrees, in writing, that said fence may be erected on
the property line of the respective properties. Such an agreement shall be
submitted at the time of building permit application. If the adjoining property owner
does not agree to the erection of such fence, the fence shall be set back a.minimum
of two (2) feet from all lot lines. No fence other than a decorative fence may be
constructed along the side lot lines of a residential lot between the street and the
front extension of the dwelling house. As used herein, the term "decorative fence"
means a wood vertical post and wood horizontal rail fence with no more than three
(3) rails or a wood picket type fence with at least two (2) inches of open space
between each picket.
B. No residential fence may exceed six (6) feet in height and no decorative fence in the
front yard may exceed thirty-six (36) inches in height. Fencing in
commercial/industrial zoning shall not exceed eight (8) feet in height.
C. All fences shall be constructed and maintained in a substantial, workmanlike manner
and of material reasonably suited for the purpose for which the fence is proposed to
be used. Every fence shall be constructed so that the side containing the framing
supports and cross pieces face the interior of the fence owner's lot. Any fence
which does not comply with the provisions of this Section or which endangers the
public safety, health or welfare shall be considered a public nuisance.
Section 105-010: Snow-Stop Fencing. Snow-stop fencing may be used from November 1to 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.
Page 38 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
J Amended: 1/10/01
Effective 9/5/00
City of Centerville Drd. #4
Division 110: SiQn ReQulations
See Ordinance #39.
gestioR 119 919: CaRersl rrs",isiens.
^
...
Si~AS are ~r€lAiBite~ 'h'ithiA t~e f}l;Jslie ri@ht of "A'a.)' er esssmsAts 6HS0J3t t198t tlge City
CSI;lf\6i1 mai' ~raAt a Sf)eeial Use reFffiit te Iseate 6i~Ae 8M€I aessrotiet'18 SA er
.~.:itAiA tA8 fi@Rt af 'liB)' fflr a 8~eejfj6d time.
13.
rlasAjA~ Si~FlS, metieR sigJRS sr similar ae',:iess sRall be f}re19isitea iA all efistriets,
SHSSl3t appr:8vsS trame si{3f.1s/ as'.-iass.
c.
IRterier ilh;;lffiiMstea Si!JRS are f}ermittea iA all aistriets 8HeSfJt nssiasRtial. All
ilh:.ftfliMsteel 8i~AB 8~all R?1V8 a skis/aas Ii@Rt BeUfae.
D.
0t:JsiAess Si@AS 619all Flat 196 f)aiFlteel, attasA6€l, sr iA 811)' fft8AFlSr affi)(ea te trees,
f6elts Sf similar flatl:lralsl;lRaS8S, PJa si@lAS sf SA)' 1'1[38 sha!1 Be (3aiAtsB aif88t1y aR to
tRS Met er ttle siass et 8 BtlilajA~.
c.
Ci@RS 'A'hi€R iRterfsrs '.'lith tAe aBility of "BRigls 6~efatef8 sr I3sefs6trisRS t€l 6SS tra#ie
8i~Aa/s, ar ':.hieh imtJese t~6 visisA at traUis BY vSMis/e 6fleratsFS Of J98a6striaAB arE)
(3rellisitea.
r.
Wall gigAS ml;18t be fflB13Atea fa the '.v-all iA a f)lal9s tJarallel la tRe '~vall aru:f fist
parJgeR~igl:llar Sf ~rajeetiFl!3 frsFR t~6 v. all,
c.
Si~fl8 sRall RGf tJrejest a~Hr;e t"S resfHFl6 af aRi' strl:J€tt:lre ~yitRe(jt tAe iS8l:l8A68 €If a
Gf}sgja/ Use rsrmit.
II.
~Je Si~R BAsil f'hi'Bieally eBstn:let 8RY \\'i19efew, fire eggslge sr efJeAiA~ iAtsAseel to
f)rsvi€le eAti)' Br e;dt t8 BAY strtJst1:lfe @f l3~i1aiFJ~ ef flblslis '.va)'.
I.
P.lIsi@AS 8Fla Sif3Fl stfEJstl;JrSs Bl='lalll3e ~reflefly maiRtaiRea iR a safe, eraerly B€lAaitisA
at all times, il9sll:lsiREJ the r-BFJlasemef-lt 8f aefeetivs f)Sffs, 61eSAif-lEJ sful stRer items
fe€tl:Jirsa fer tAB maiFlteRsAse af tAB SiEJFL \'e~etatiaA 8fSt:lA€J, iA ,rsAt af, B8l=liF1€1, BAa
l;Jl1aen~eath the bass sf ~f6lclFl€l 8i~AS ,er a elistaAse @fteA (1 Q) feet 819811 be fleatl)'
triffims€l BAd free 6f '::seEfs, aAa AS r\;jb~i8A €lr eleBFie tt:lat V:Sl:Ih3 68Astittita a fire 6r
Raalt~ kazara 8Aall 8e permittee l:JASer €1f Flear tRB SigJA.
J.
~Je Si~196 FRay be ~laBeel 8A \;jtility ~01eB il9 the S8ffiffiI:JI1ity,
I<.
Tlgefe FAay Be AS mere t~aR eAe ietsr::ltieal Si~Fl ~er let iA a rBsi€1eAtially z6Flea ares.
Page 39 of 69
4 Amended:
J Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5100
City of Centerville Ord. #4
SestioR 119 929: Permitted SigRs.
Ph CSr=f1J3sigR siEJF'lS ~e8ts8 BY BaRs fias saAaiEtates fer }Solitieal €lffiBS sr sy a I3srgeA sr
grsl::.lf:'l (3reHflstiAg a f3slitisal iSSI;J6 fur a BSAaieats ma:; se (318888 in aAY aistri8t
st:lbjeet ts tAe f.e~blifefflaAts af tAB aistrist. Cam19Si!JR gi!:JF!B mal' 88 1368t88 ftlr a
fleri@6 Ast to 8}{Seea ail:t:; (68) aa:;s BAa g~all se rar=fH~r"8~ '",itAiA 88":819 €la,s
foll€r:;jf'\lfJ the Elata at tAe a/satiBA. ORI,. eRe si@JR f3sr eSReti€lats ~'lil/ l3e all€r::es flcr
let,
0. TSffipsrar,. I!3SRAef-8 8l"1a f}8AM8l"1tS eFfl(3lsY8B fer ~raFH~ 8(3eniR~ sf [3t:lSiAeS3
e8taBlis~meAts, sfJ6eial r:r:Sftts ana t=lslidays sAal1 B6 reffie'i'sa \~;itAiA fauReeR (11)
flsys after Bl::.I€A SA 8J38AiA!SJ, eyeRt Sf Relies)'. I3SAASfS sr J38MA8rltS v:Aie);;} are SA
iAtSfJral fJart at tAe etesifjA er arskitseturs ISf a bl:liletiM~ are perffiitte€l.
C, ORe temfJorSf/ i€lsAtifisati€Hi 8i~A, 8ettiR~ JaR);;} the Flame. sf the ~rojest, ar8Aiteet,
6flE)iASBfS, e8Rtrast@rs, f3laf-'lAS~ aAa ffAafl8iA~ Bg6A8is3, ffiSJ' BS iAstallsB at B
68Astrl::.lBtial"l site if') BAY aistrist f6r the (3sri€l€l at 88R!3tr~15tieA. Tt=le si~A area af 8
temF3srary iaeAtifieatisA siEJA sRall A0t eHs8ed tRift)' five (3E) 8€1wsre fest.
D. IA SAY €Iistriet, SAB t6m~eraPi real estate 6i~R ffi8Y be ereetea fer tRe ~l;Jrf3e8e sf
su~':ertisjAgJ tAslease Sf sale 6f J3r8FiSAY t:1J36A '/JAisR it is ~lagee1. 0191)' eMa S~gA sifjA
819811 Be 136FIllittes J3er street ffsRta~e. S~€'lA 8i~A sAslI ee relTHr:sa '/to itAiA s(:r~'eA (7)
Bars fell€r:dFl~ Jesse sr aale,
C. OFieFl Al3lJS8 sr €ltRsr teffiFlerary Sj~A8 fAat aFe ~Iaee€l aMa reffl8vea 9ft tAe same
€lay,
TAe ffleUdml::.lffi size sf Sl;JSfl Si~A8 fer sasR etistrist is 8S felh3ws:
n8siaeAtial Distriats 13 .................................................. TeA (19) se}l:iare feet
,~.~ri8l:1ltl;;lre aAs rUBIi8/1Rstitl;JtieH~al Distriets D.............. T'NeR!"" five (26) 8~l::.IBr6 feet
COffiffisFsial/Jf-lduatrial Distriets B................................. TAiRY t\.~ (32) sElf.:Jara feet
SeatiaA 119939: PaRable Signs. reft8sle gigAS are fJrel=lif3itea iA resiaeAtial aistfist6. reftas/a Sigjf'18 if-l
all stMer Distrists are allswea '~vitR fJ6Hflit as s~eeifieall)' al::.ltRsriz8d belew. r€H~taBle 13i~AS used fer tAe
IllJFI>BSS 6f €lirsetiR!j tRa IllJBlie will Be IlsFmitte€l 8lJejaet 113 IRe fellBwiR!j €i6R€litiBRS:
P,. Gaia Si~R is esiAeiaeRtal 18 ef US86 iA 8oRjt;JAetieR v:itA a ~u~liB fl::.lAetisl"l; aRB
B. Cais si~f\ is l:iS6€t fer a s~eeial ~l;;I8ifle6s flrBmetieR l;H S'w'SRt; aA€t
C. TAla paries af tla8 fer 8E18h a Si~A 8AsII Ret En:eee€t f6E1rtesFl (11) eSAS8Bl::.Iti'.'8 aa)'a;
BOO
Page 40 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6127/01
1 Amended: 111 DID 1
Effective 9/5/00
City of Centorville Ord. #4
0, ~ Ja BldsifleSg may 1=18';8 ""6re tl=lSA sh( (8) sJ38sial J3n~m8tiSA8 ar S':Sf'lts J3er :,:ear; 8f<la
E. raFtable 8i~f\8 may Flat 6Hseea ei~l=Ity (89) sl:1ldsre feet.
Section 110919: Cemprehensi-.-e &igR Plan Required. lA, CeffiFlfsAeRsi'/e Si~f<l rlaFl is re€1l:1irsa 8ttA0
time sf rISAFliA@ BRei Z8!!'lifl@ CSffiffiissisA rs',:iS\N at BA)' f3ref3sse€l Cemffief-€ial Sf iH8l:lstrial as':elef3meAt.
Saia I3lcUi;} sl9all iFlaieate tAe l€leatieR, size, Aai@At, asler, Ii~Atifl!3 8A€I erief'ltatisFl sf all rarSf36seS SigAS aFlEi
BAall JaB SI;lSffljttSB fer BFlFlFS\sl f3/jfSElSAt t6 tA8 reg~latieR8 af tAS Cit:,' sf CSAtsfvi)/e,
,1).. The fsllo'uiAElsiEJAS are 13srmiMea i(S<l t198 l1esiaeF'ltial a(S<la rEJ~lig/IAstitl;jti€lAal Distri€ts:
1. Name Plate Eigns: OAS (1) SiEJA Ast te 8Hseea h.'s (2) s€tl:lare
feet iF! Brea fer S88A SiA~le Family, aetssAa€l, awe[liR!3 sr siH
(6) s€1l::Jare feet iR area fer ElSeA r.1EJltifjle family aRa
rl:lI3/i8/Ifi'lgtjt~tj8Aal Bl:lilaif-lffj, Eaiel A8mS131ate SMall iRsieate SRI,'
Flame aFts a~gfe8s.; aRa
2. PubUs, InstitutioAsl, and ReereatieRal SigAs: OAS SiEJA sr
htilletiA Beara Fler street fr8l!'lta~e fer ea8R ~err=Aittea l:lse i!!'l saia
aistriet, 13rsvisea 8ai~ Si@A gAall Ret eJ:8s8~ fifty (S9) 8€1ldSfS
feet iR araa aRa BRslI Ba ~Ia!laa €Il:Jtsiae €If tRe street ri~Rt €If
way witf=t tMe 8HSSl3tis!!'l af iRe S8fi<\ter
isls",€! aA€!8~all flat sHeea€! R'Jsl',e (12) feet iA ReiE}At;,'SA€!
3, Area IdeRtifisstien Siun: ORe (1) si!3R Ret t€l 8)(88e8 mSf-Ity
fel:lr (21) 8€1EJSre feet if-l area Jar saBA J3ISAf-lSa resi€leRtial
Elistrist Sl!'ltraASS, l3r€Jviaeel said Si~A is Flat 131:3138d 'i:itt9iA 8AY
street ri~At af 'h'a,' BAB €lees ~€lt S}(eH3e€l teR (19) fest iA tgei~l4t.
B, The f€)1I6wiR~ SiEJAS are ~enf\ittea if! tA6 CSFfUi=lereial 8R€lIFI€lldstri81 Distrists:
1. 'A'a II Signs: 'P/all SiEJflS are Flermitte€l SR 88819 l3l:JBlis street
e;!f]€lSl4re sr f]l:Jslia ~arhiA~ SJlI3€lst:Jfe fjrsviaea saja 8j!JAa~e
ases Ret e}(seea teA 13SrseAt (19Qf,) af saia ':Jall area; BFleI
2. rree StaRdiA! Eigns: OAB (1) free 8taA~ifl~ SiEJR (:l8r street
freAtage I3f€r. idea, 1gewever, saia Sif3A aees nst eHseea si!3nt)'
(8@) s€tt;lsre f.est iFl area aRa t\\eH~t) (29) feet iA ~eiEJRt; BRa
3, Area laeRtifisstisn SigRs: Of-IS (1) araa iasAtifisatisA ai~F1 is
l3ermitte€l (Sar street freAts@e ~6r salT\R~er8ial sr iRaEJstrial
a8'~'eIEl~meAt ~r6';i~e8, R8y;r~r;6f, aaiEl Si~R a88s flet eH8eeEl
siJ:ty fSt;lr (€ 1) s~l;lars feet iA afea aA€! toYeRt,' (2@) feet ifl
Page 41 of69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/10/01
Effective 9/5/00
City of Centerville Ord. #4
Aei~At, BRei is Aet ~188e€l wit19ifl t6P\ (1 G) feet sf SA)' street ri@At
sf '::8},.4
Division 115: Heiaht
Section 115-010: Dwellings. No dwelling or other building may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit.
Section 115-020: Excess Height on a Permit. Upon the securing of a Special Use Permit any building
may be erected to a height exceeding that specified for the respective district providing:
A. The front, rear and side yards shall be increased one (1) foot for each one (1) foot
by which the building exceeds the height limit established for such district; and
B. The structure is any of the following: television and radio towers, church spires,
belfries, monuments, tanks, water and fire towers, grain elevators, stage towers and
scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator
bulkheads, smokestacks, conveyors, flagpoles, silos, and air conditioning and
heating units; and
C. No tower, gable, spire, or similar structure shall be used for sleeping or eating
quarters, or for any commercial purpose except one (1) incidental to the permitted
uses of the main building.
Division 120: Yards
Section 120-010: General Requirements. The minimum depth of front yards, rear yard and side yard
for each District shall be as defined in the Schedule of Regulations and conform to the following additional
regulations:
A. All structures, whether attached to the principal structure or not, and whether open
or enclosed, including porches, carports, balconies or platforms above normal grade
level shall not project into any minimum front, side or rear yard; and
B, Lets '/JAit5A 861;;1t 6R FAsre th8F1 aRe (1) street SRslll3rs'.'i€le tAB rS€ltJires treAt yaras
alar:l~ ea6~ stf"set. near yars sstaaSI(8 BAsIl Mat be rSfltlirs€f SA Barrier Ists siAse
eiae ';an~ setl38elu3 8Fll9lj', SAa .
B. Lots which abut on more than one (1) street shall provide the required front vards
along each street for the principal structure. Side vard setbacks for an accessory
buildinq' will applv to the frontaqe that is nor considered to,** be the required front
yard: and'
Page 42 of 69
4 Amended:
3 Amended: 9/4/01
2 Amended: 6/27/01
1 Amended: 1/1 % 1
Effective 9/5/00
City of Centerville Ord. #4
C. Any principal structure situated on lands contiguous to or abutting any portion of the
public lakes in Centerville shall maintain yard setbacks of seventy-five (75) feet from
the lake. Where adjacent structures have yard setbacks different from these
requirements, the minimum setback from the lake shall be the average setback of
such adjacent structures to a minimum of fifty (50) feet; and
D. The minimum side or rear yard depths for the following non-residential structures or
uses which abut any lot in any Residential District shall be:
1. Off-street parking spaces and access drives for non-
residential uses - Twenty (20) feet; and
2. Churches, schools and public or semi-public structures -
Forty (40) feet; and
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 tRe area trianqle' 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.
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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
the County Recorder's office.
Division 125: Performance Standards
Every use permitted by this ordinance shall be so established and maintained as to comply with the
provisions of this section. The Council may require the owner or operator of a use permitted by this
ordinance to provide such tests or investigations by an independent testing organization satisfactory to
the Council as are necessary to show compliance with these standards. The cost of such investigation
and tests shall be shared equally by the owner or operator and the City unless the results disclose non-
compliance with these standards; in that event, the entire cost shall be borne by the owner or operator.
This provision does not preclude the City from making any investigations and tests it finds appropriate to
determine compliance with these standards.
Division 130: On-Site Sewaae Treatment Standards
The installation and repair of individual on-site sewer systems shall be in compliance with Minnesota
Pollution Control Agency Rules, Chapter 7080.
A. Permit Required: No person shall install, repair, alter or pump an on-site sewer
system without first obtaining a permit.
B. License Required: Installation, repair, pumping and hauling of private on-site sewer
systems requires licensing per MPCA Rules, Chapter 7080 as administered by the
County.
Division 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
ompliance 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
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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 kept
in containers designed for waste collection and stored in a structure or within an approved enclosed or
screened area. The accumulation, storage, processing or disposal of waste, compost or recyclable
materials on any premises, which is not generated on that premises, is prohibited, except as specifically
provided in this Ordinance.
Section 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 J II (Odor Thresholds ), Table
IV (Concentrations of Substances Causing Pain in the Eyes), and Table V (Exposure to Substances
Causing Damage to Vegetation) in the latest revision of Chapter 5 "Physiological Effects" that contains
such tables, in the "Air Pollution Abatement Manual" published by the Manufacturing Chemists'
Association, Inc., Washington, D.C., are hereby established as guides for the determination of
permissible concentration and amounts. The City may require detailed plans for the elimination of fumes
or gases before the issuance of a Building Permit.
Section 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
any point other than that of the creator of such disturbance.
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I -
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Section 135.110: Explosives. Any activity or operation requiring the use, storage or manufacturing of
explosives shall be located no closer than five hundred (500) feet from any residence, provided further
that the location of said activity or operation is such that damage from explosion, including flying debris,
vibration or smoke, is limited to the site on which the activity or operation is permitted.
Section 135-120: Burning. No person shall start or allow any open burning on any property in the City
without first having obtained an Open Burn Permit. Any person setting a fire or burning anything in the
City shall do so following City Fire Department, Department of Natural Resources and Minnesota
Pollution Control Agency Rules. Recreational fires three (3) feet x three (3) feet are allowed.
Recreational fires must be actively attended by a responsible adult. When the fire is abandoned it must
be completely extinguished.
Section 135.130: Bulk Storage. The storage of all bulk liquids, fuels, chemicals, and gases shall be in
compliance with and regulated by Minnesota Pollution Control Agency Rules, Minnesota State Fire
Marshal rules and the Minnesota State Building Code.
Section 135-140: Outside Storage. All products, materials and equipment, except as specifically
provided in this Ordinance, shall be stored within permitted structures, except for the following:
Residential Districts and DwellinQ Units in the M-1 Districts:'
A. Agricultural products, equipment and appurtenances owned by the owner of the
property and used on the property on which they are kept; and
B. All licensed and operational motor vehicles shall be parked on the permitted
driveway area. Any non-licensed, non-operational vehicles must be stored in an
enclosed structure; and
C. A maximum of two (2) of the following units may be stored outside of a structure for
more than forty-eight (48) hours on any residential parcel provided they are stored
on the permitted driveway area outside of the road right-of-way or are in a side or
rear yard. A licensed motor home or fifth wheel trailer is allowed in a side or rear
yard.
1 . Boat
2. Camper
3. Motor home
4. Snowmobile's
5. Personal watercraft
6. Personal Utility Trailer
7. Ice House
8. Small construction equipment
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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.
CommerciallJndustriaJ Districts:
Storage of products, materials and equipment, excluding rubbish or junk, which is necessary to an
approved business operation in a Commercial or Industrial District, and which is completely screened
from adjoining properties and rights-of-way. The Site Plan Review process is required to determine the
appropriateness for storage permitted in this Section, surfacing required for the storage area and the
screening required. The Site Plan Review process is requires a hearinq before the Planning and Zoninq
Committee and the Citv Council.' Outside display of vehicles, equipment and merchandise for direct sale
to consumers when such outside display is customary and necessary to the trade and is a permitted use
within the zoning district. The Site Plan Review process is required to determine the appropriateness of
the storage or display proposed, surfacing required for the display area and any additional landscaping or
screening which may be required.
Division 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 "Protectina Water Qualitv in Urban
Areas". These standard shall be applied to the review of any proposed development occurring to reduce
non-point source pollutant loadings in storm water runoff.
Existing natural drainageways, natural water storage or retention areas, and vegetated soil surfaces
should be used to the greatest extent possible to store, filter and retain storm water runoff before
discharge occurs into any public waters. When natural features and vegetation are not available to
handle storm water runoff, constructed facilities such as diversions, settling basins, skimming devices,
dikes, and manmade waterways and ponds may be used. Preference shall be given to designs using
surface drainage, vegetation, and infiltration rather than buried pipes and manmade materials and
facilities. Development should be planned and conducted in a manner that will minimize the extent of
disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Division 145: Wetland Protection and ManaQement
1 accordance with the Wetlands Conservation Act of 1991, the following regulations shall apply to
wetland areas:
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A. Permanent natural buffer areas and appropriate erosion control measures be taken
surrounding wetland areas to prevent sedimentation of the wetland; and
B. Wetlands may not be drained or filled, wholly or partially, unless replaced by
restoring or creating wetland areas of at least equal public value. Wetland
encroachment must be guided by the following principles in descending order:
1. Avoiding the direct or indirect impact of the activity that may
destroy or diminish the wetland; and
2. Minimizing the impact by limiting the degree or magnitude of
the wetland activity and its implementation; and
3. Rectifying the impact by repairing, rehabilitating, or restoring
the affected wetland environment; and
4. Reducing or eliminating the impact over
time by preservation and maintenance operations during the
life of the activity; and
5. Replacing or providing substitute wetland resources or
environments.
Division 150: Woodland Preservation
In residential areas, structures shall be located in such a manner that the maximum number of woodlands
shall be preserved. If large numbers of trees are cut in residential areas, trees shall be replanted in a
density and manner satisfactory to the City Council. Clear cutting of woodlands for non-agricultural
purposes is prohibited, unless the action involves a utility or roadway, required by the public, and includes
a reforestation plan required by the City Council.
Division 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
ediment 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,
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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 Overstorv Trees Foundation Plantinas'
R-1 2 trees/unit/street frontaae 1 None
R-2, 4 & 5 2 trees/unit/open space exposure2 None
R-2A 8 trees alus 2 trees/unit3 None
B-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
M-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
1-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
P-1 8 trees or 1/3000 sq. ft. site area5 1/10 ft. building & parking
area
.
1 Trees shall be deciduous and planted at the boulevard, except oncul-de-
sacs where one of the required trees may be planted off the boulevard
but in the front yard area.
Trees shall be deciduous. Unit exposures with street frontage shall be
planted at the boulevard.
Tree spacing must include trees at the boulevard at minimum fifty (50)
foot intervals.
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.
2
3
Section 160-020: Minimum Standards.
A. Overstorv Trees:
1. Deciduous Trees: Two and one half (21/2) inch caliper
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planting size, balled and burlapped.
2. Coniferous Trees: Six (6) feet in height planting size, balled
and burlapped.
B. Foundation Plantings: Coniferous and deciduous shrubs shall be planted at a
minimum of one-third the mature spread and heightof typical growth habits.
C. Boulevard Trees: All boulevard trees shall be hardwood shade trees or flowering
trees.
D. Overstory Mix: When multiple quantities of overstory trees are required, at least
seventy-five percent (75%) of the trees required shall be deciduous trees.
E. Hardiness: All landscape materials proposed shall be consistent with Minnesota
Hardiness Zones, whether indigenous or foreign. Plant species must all be tolerant
to snow storage, exposure to salt and sun scald in parking areas.
F. Diversification: In any development in which at least eight (8) overstory trees or
foundation plantings are required, at least three (3) varieties of boulevard trees are
required on each side of the block.
G. Warranty: All required landscape materials shall be warranted for growth for a
minimum of two (2) years after planting.
Division 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
-hall 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
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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 shall be that required for that 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 loadingspaces, 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,
Division 170: Building Numbers
Section 170-010: Numbers Required. It shall be the duty of the owner, leaser, or occupant of every
house, industrial, commercial or other building to have proper house or building numbers either by affixing
to said building such numbers in metal, glass, plastic or other durable material. The numbers shall not be
less than six (6) inches in height, in a contrasting color to the base, and so placed to be easily seen from
Ie street.
Section 170-020: Alternative Display. In those cases where the principal building is obscured from
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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: Sportinq, Athletic. and Music Events
Sporting, athletic, and music concert events, as defined herein, shall be permitted by Special Use Permit
in the Residential Districts of the City of Centerville, subject to the following requirements:
A. Sporting, athletic, or music events shall be defined as the conducting of such
events by individuals, non-profit or profit organizations, partnerships or corporations
wherein participants and/or patrons are charged an entry fee for the right to
participate in such event and/or compete for monetary or merchandise prizes.
Such events shall include, but not be limited to, softball, football, volleyball,
broomball, ice or field hockey, tennis, basketball tournaments, or outdoor music
concerts; and
B. Such activities shall be considered a Special Use within all Residential Districts of
the City and shall require a permit therefore. The City shall have the right to make
provisions in such permit for insuring public health and sanitation, traffic regulation,
noise and litter control and regulation on the number of events that may be
conducted on a specific site.
Division 180: Planned Unit Developments (PUDs)
Section 180-010: Objectives. To help encourage a more creative approach to the use of land,
departures from the Centerville Zoning Ordinance may be granted by the City Council in the form of
Planned Unit Development Districts to achieve:
Subd. 1:
A maximum choice of living environments by allowing a variety of
housing building types and permitting an increased density per acre
and a reduction in lot dimensions, yard, building setbacks, and area
requirements; and .
Subd. 2:
A more useful pattern of open space and recreation areas and, if
permitted as part of the project, more convenience in the location of
accessory commercial uses and services; and
Subd. 3:
A development pattern which preserves and utilizes natural features,
trees and other vegetation, and prevents the disruption of natural
drainage patterns; and
Subd. 4:
A more efficient use of land and a resulting substantial savings
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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:
Subd. 3:
Subd. 4:
Subd. 5:
Subd. 6:
Subd. 7:
Subd. 8:
The development shall be planned so that it is consistent with the
Centerville Comprehensive Plan; and
The PUD is an effective and unified treatment of the development
possibilities on the project site and the development plan provides for
the preservation of unique natural amenities such as streams, stream
banks, wooded cover, rough terrain, and similar areas; and
The planned unit development proposal appears to harmonize with
both existing and proposed development in the area surrounding the
project site; and
The tract of land shall be under unified control at the time of
application and scheduled to be developed as one unit. In addition,
the development plan must include provisions for the preservation of
natural amenities; and
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
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
The proposed total development is designed in such a manner as to
form a desirable and unified environment within its own boundaries;
and
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
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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
located. When a PUD proposes a mixture of residential uses with commercial uses, the Council may limit
the development of not more than ten percent (10%) of the tract to commercial uses.
Section 180-040: Relationship of PUD Site to Adjacent Areas. The design of a PUD shall take into
account the relationship of the site to the surrounding areas. The perimeter of the PUD shall be so
designed as to minimize undesirable impact of the PUD on adjacent properties, and conversely, to
minimize undesirable impact of adjacent land use and development characteristics on the PUD.
Section 180-050: Minimum Size. A PUD shall consist of at least ten (10) acres.
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.
~ection 180-100: Open Space. A minimum of twenty percent (20%) of the gross land area for private
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or public open air recreational use protected by covenants running with the land or by conveyances or
dedicated as the Planning and Zoning Commission may specify shall be an integral part of the plan.
Such Open Space areas shall not include land devoted to streets, parking and private yards. Whenever
possible, common Open Space shall be linked to the Open Space areas of adjoining developments.
Common Open Space shall be of such size, shape, character, and locations as to be usable for its
proposed purpose.
Section 180-110: Parking. Off-street parking and loading space shall be provided in each PUD in the
same ratios for types of buildings and uses as required in the underlying Zoning District.
Section 180-120: Arrangement of Commercial Uses. When a PUD includes commercial uses,
commercial buildings shall be planned as groups having common parking areas and common ingress and
egress points. Each commercial area shall be separated from abutting residential areas by appropriate
screens or fences. The design of commercial areas shall provide for the integrated and harmonious
design of buildings and for adequate and properly arranged facilities for internal traffic, circulation,
landscaping, and such other features and facilities as may be necessary to make the areas attractive and
efficient from the standpoint of adjacent non-commercial areas. Any area which is not to be immediately
improved or developed shall be landscaped or otherwise maintained in a neat and orderly manner as
specified by the City.
Section 180-130: Arrangement of Industrial Uses. In any PUD including industrial uses, the industrial
uses shall be provided in park-like surroundings utilizing landscaping and existing woodlands as buffers
to screen lighting, parking areas, loading areas and outdoor storage of raw materials or products. An
industrial area in a PUD shall provide for the harmonious design of buildings and a compact grouping in
order to economize in the provisions of required utility services. Streets in a planned industrial area shall
be kept to a minimum in order to reduce traffic. All spaces between the right-of-way line and the industrial
building line and all intervening spaces between buildings, drives, parking areas, and improved areas
shall be landscaped with trees and plantings and properly maintained.
Section 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
....roposed PUD shall be made to the Planning and Zoning Commission, by at least one owner or lessee of
roperty 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
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submitted in twelve (12) copies and shall include:
A. A vicinity map at a scale of one (1) inch equals two hundred fifty (250) feet showing
property lines, existing streets, existing zoning, and such other items as the Planning
and Zoning Commission may require to show the relationship of the proposed PUD
to the Comprehensive Plan of the City, to existing schools and other community
facilities and services, and to the surrounding area; and
B. A preliminary plan of the PUD in schematic form showing the following:
1. The existing topographic character of the
land; and
2. A composite of all natural amenities of the site including steep
slopes, drainage ways plus marshes, ponds and lakes; and
3. The size of site and proposed uses of the land to be developed
together with an identification of off-site land use; and
4. The density of land use to be allocated to the several parts of
the development; and
5. The approximate location of thoroughfares; and
6. The location of common open space including public schools,
parks and playgrounds or private natural preserves; and
7. The off-street parking system.
C. A written statement including the following:
1. A statement of the ownership of all land involved in the PUD
together with a summary of previous work experience; and
2. An explanation of the general character of the planned
development; and
3. A statement describing the ultimate ownership and
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
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5. The total anticipated population to occupy the PUD, with
breakdowns indicating the number of school age children,
adults and families.
D. The proposed schedule for the development of the site.
E. A statement setting forth the reasons why, in the opinion of the applicant, the PUD
will be in the public interest and consistent with the objectives specified for PUDs by
Section 51.
Section 180-160: Actions.
Subd. 1
Subd 2.
By Commission. Within sixty (60) days of the filing of the application, the
Planning and Zoning Commission shall hold a Public Hearing on the
proposed PUD following written and published notice as required for
amendments of the ordinance. Following such hearing and within sixty (60)
days of the filing of the application or at a later time agreed to by the
applicant, the Planning and Zoning Commission shall recommend approval
or disapproval of the preliminary proposal with such changes and conditions
as it may suggest and shall transmit its recommendations to the City Council.
In its recommendations the Commission shall determine whether the
proposed PUD is consistent with the objectives for PUDs specified in Section
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.
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
PUD Agreement which stipulates the specific terms and conditions approved by the City Council and
accepted by the applicant. This agreement shall be signed by the Mayor of the City of Centerville,
Clerk/Administrator and the applicant within thirty (30) days of the City Council approval of the PUD
application and final plat. Where the PUD application and/or final plat is to be resubmitted or denied
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approval, the City Council action shall be by written report setting forth the reasons for its actions.
Section 180-180: Final Review and Approval. An application for review and approval of the final
development plan shall be filed by the applicant with the Planning and Zoning Commission within six
months of the date on which approval of the preliminary plan was given by the Council. If application for
final approval is not made within the time required, the proposal shall be considered abandoned unless
an extension period is requested and granted by the City Council.
Section 180-190: Documentation Required. The final application shall be accompanied by the
following supporting documentation:
A. A final plan of the PUD in schematic form including the following:
1. The street system, lot layout and off street parking and loading
plan; and
2. The use, height, bulk and approximate location of buildings and
other structures; and
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
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the site being developed.
B. A written statement including:
1. The approximate date when construction will begin by stage of
development and the area of open space to be provided at
each stage; and
2. Agreements, provisions or covenants which govern the use,
maintenance and continued protection ofthe development and
any of its common open areas; and
3. Other conditions specifically required by the Commission and
the Council for the particular PUD.
Section 180-200: Action On Final Application. Procedure for action by the Planning and Zoning
Commission and the Council on an application for review and approval of the final plan for a PUD shall be
the same as prescribed by this article for the action on the preliminary proposal. In giving approval, the
Council may specify the length of time within which construction of the project must be begun or be
completed, and it may attach such other conditions as seem necessary. The final development plan shall
be in general conformance with the preliminary development plan as approved.
A. Criteria for Approval. The findings necessary for approval of both the preliminary
and final development plans shall be based on the following and describe in what
respect the plan would or would not be in the public interest.
1. The plan does not conflict with the Centerville Comprehensive
Plan.
2. The plan is designed to form a desirable and unified
development within its own boundaries.
3. The proposed uses will not be detrimental to present and future
land use in the surrounding area.
4. Any exceptions to the standard requirements of the Zoning and
Subdivision Ordinances are justified by the design of the
development.
5. The plan will not create an excessive burden on parks,
schools, streets, and other public facilities and utilities, which
serve or are proposed to serve the PUD.
B. Non-Compliance. In the event the plan as submitted for final approval is not in
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substantial compliance with the preliminary development plan, the Planning and
Zoning Commission shall notify the applicant within forty-five (45) days of the date of
application, setting forth the ways in which the plan is not in substantial compliance.
1. The applicant may treat such notification as denial of
preliminary approval; or
2. The applicant may re-file his plan so that it does substantially
comply with the outline development plan; or
3. The applicant may file a written request with the Planning and
Zoning Commission that it hold a public hearing on his request
for final approval. Any such hearing shall be held within thirty
(30) days after the request for such hearing. Within forty-five
(45) days of such hearing the Planning and Zoning
Commission shall either grant or deny preliminary approval to
the plan.
C. Final Approval. The City Council shall review and approve the Final Development
Plan if it is in substantial compliance with Preliminary Development Plan. Following
this, the applicant shall record the Final Development Plan in the manner provided
for recording subdivision plats. If the Final Development Plan is not in substantial
compliance, the applicant shall be requested to repeat the procedures outlined for
the Preliminary Development Plan.
Section 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.
Section 180-230: Amendments. Amendments may be made in the approved final plan when they are
shown to be required by changes in conditions that have occurred since the final plan was approved or by
. _anges 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
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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.
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
which restrict the common open space to the uses specified on the final development plan, and which
- rovide for the maintenance of the common open space in a manner which assures its continuing use for
; intended purpose.
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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 which explain:
A. Ownership and membership requirements; and
B. Articles of incorporation and bylaws; and
C. Time at which the developer turns the association over to the homeowners; and
D. Approximate monthly or yearly association fee for homeowners; and
E. Specific listing of items owned in common including such items as roads, recreation
facilities, parking common open space ground, and utilities.
Division 185: Variances
Standards
The Planning Commission shall recommend a Variance and the Council shall order the issuance of such
Variance only if it conforms to the following standards:
A. Special conditions and circumstances exist which are peculiar to the land, structure,
or building involved and do not result from the actions of the petitioner; and
B. Literal interpretation of the provisions of this Ordinance would deprive the petitioner
of rights commonly enjoyed by other properties in the same district under the terms
of this Ordinance; and
C. Granting the Variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or buildings in
the same district; and
D. The proposed Variance will not impair an adequate supply of light and air to
adjacent property, or unreasonably diminish or impair established property values
within the surrounding area, or in any other respect impair the public health, safety,
or welfare of the residents of the city; and .
E. Any person filing a petition requesting a variance or an amendment of the Zoning
Ordinance rezoning property or changing regulations within any use district shall pay
a fee according to the Schedule established by resolution of the City Council. The
fee is payable at the time of filing a Petition and is not refundable.
. .ction 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
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for the following:
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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
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
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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 theZoning
District in question. .
F. A Variance granted but not used shall become void one (1) year after its effective date.
G. No application for the same or essentially the same Variance shall be made
within six (6) months of the date of denial.
Section 185-030: Variance Appeal Procedures.
A Within thirty (30) days of the action of the Board of Appeals and Adjustments, the
applicant or an affected property owner may file an appeal to the City Council to the
decision of the Board of Appeals and Adjustments. The City Council shall set a date
for a public hearing, within forty-five (45) days of receipt of the appeal, to consider
granting or denying the variance request.
B. The City Council 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
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Ordinance.
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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 othelWise than by a restraining order granted by a court of competent
jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal
to it from a decision of the board set a date for hearing thereon, which shall be not
late than sixty (60) days after the meeting. After hearing the oral or written views of
all interested persons, the Council shall make its decision at the same meeting or at
a specified future meeting thereof. The decision of the Council may be appealed to
the County District Court.
Division 190: Interim Uses
Section 190-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is
intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the City,
when such uses are not permanent and when such uses meet appropriate conditions and 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 Ordinance. If a proposed interim use is not listed as a permitted interim
use in this Ordinance, a text amendment to this Ordinance will be required before an Interim Use Permit
may be considered.
Section 190-030: Termination. All Interim Use Permits shall terminate on thehappening 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.
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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 Council or by a petition of a landowner or other interested party.
B. Applications provided by the City must be completed, in writing, prior to any
consideration for an Amendment. Fees for zoning Amendments are established by
resolution of the City Council.
C. The City may require the applicant to provide plans, maps, surveys, etc., to ensure
proper review and consideration of any proposed Amendment to the written
provisions of this ordinance or Zoning District Boundaries.
D. After the filing of an application, or initiation by the City Council, the City Clerk shall
set a date for a public hearing. Notice of the hearing shall be posted and published
at least ten (10) days prior to the date of the hearing, and notice shall be mailed to
each property owner within three hundred fifty (350) feet of the proposed Zoning
District Boundary amendments.
E. Upon hearing the request, the Planning and Zoning Commission shall recommend
either approval or denial the proposed amendment and shall state the reasons of
said action.
F. Within thirty (30) days of the recommendation of the Planning and Zoning
Commission, the City Council shall consider the recommendation of the Planning
and Zoning Commission and shall approve, deny or modify the request to amend
this Ordinance.
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Division 200: Soecial 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
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.
, flivision 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,
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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.
Section 296919; Respsnsisility af City Cleric. las~ie Ell::lilaiMg ~eFR'1ifs SA€I €lsllea1 U~6 fees aa
e!stsslisRsa a,' F.f)selt4tiaf-l sf tAs City CStlFlBil.
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Ast lifflitee1 t8; ~1aFJs, .\ffl8f'lSffl6FltB, Efleeial Uses, \(ariaA€68, .^{J3FJeals, rUDs, 8F1€1
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Page 68 of 69
4 Amended:
l Amended: 9/4/01
2 Amended: 6/27/01
I Amended: 1/10101
Effective 915/00
City of Centerville Ord. #4
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 passage and publication according to law.
Adopted by the Centerville City Council this 23rd, day of August, 2000.
(Signature on File)
Mayor Tom Wilharber
(Signature on File)
City Clerk
Published in the Quad Community Press on August 29, and September 5, 2000.
L Amended: January 10, 2001
Published in the Quad Community Press on January 30, 2001.
2 Amended: June 27,2001
Published in the Quad Community Press on August 7, 2001
3 Amended:
Published in the Quad Community Press on September 4, 2001
4 Amended:
Published in the Quad Community Press on
Page 69 of 69
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STAFF REPORT
DATE:
February 5, 2002
TO:
Planning Commission
Kim Moore-Sykes, City Administrator 0N-'1
FROM:
RE: Infonnation on Conditional Use Permits
............................................................................
BACKGROUND
In November, the Planning Commission was hearing from residences regarding sheds
that had been constructed too close the their primary structure. In one situation, a
resident reported that the shed had collapsed and he rebuilt it in the same spot, not
realizing that it had been grandfuthered in and needed to be moved away from the house.
In the other situation, the homeowner added on to the primary structure, bringing it closer
to the accessory building.
During discussion with the Commission about these two situations, Staff asked if a
conditional use permit could be granted, listing the conditions that would allow for the
continued existence of the shed, but if it is destroyed 50% or more, the use is
discontinued and not allowed to be rebuilt. The Commission asked Staff to provide
additional infonnation. .
Attached is a copy of the zoning chapter from the City of St. Anthony's City Code,
whereby the City outlines permitted conditional uses in each of the zoning districts.
During the consideration of a conditional use permit, the Planning and Zoning
Commission would review the application, the proposed use and the regulations
regarding conditional uses. If the application was approved, conditions would be listed in
the findings of fuets and the petitioner was required to abide by the conditions or loose
the use 0 f the structure.
RECOMMENDATION
Consider implementing Conditional Use Permits for certain requests, based on a case-by-
case situation.
'"
01/07/2002 08:08 FAX 612 781 9323
CITY OF ST ANTHONY Iil002
~ ~ P.v<~
-fh- e./J.-c-k U>~ '[)i.,J-:
Subd.4. RIO Recreational/Open Space.
S1.lbd. 5. PUD Planned Unit Development.
1610.02 Zon~g Map. The location and boundaries of the zoning districts are designated
In the Zoning Map dated January 1, 1993, which is hereby made a part of the Zoning Code.
The Zonlng Map and all notations, references and data shown on the Zoning Map are
hereby incorporated by reference into the Zoning Code and made a part of the Zoning
Code. The Zoning Officer wUl maintain the Zoning Map on file in the City Hal!.
1610.03 District Boundaries. The boundaries between districts are, unless otherwise
indicated, either the centerlines of streets, alleys or railroad rights-of-way or property
lines, or such lines extended.
Section 1613. R-1 SINGLE-FAMILY DISTRICT
1615.01 Purpose. The purpose of the R-1 District is to create and maintain areas which
due to the natural amenlties of the land, low traffic volumes, and historical development
patterns are best suited for single-family detached residences.
1615.02 Permitted Uses. Within an R-l District, only the following uses are permitted:
(a) Single-family detached dwellings.
(b) Public schools or parochial schools which have a curriculum equivalent to a
public schooL
(c) Publicly owned recreational facilities including parks, play groullds.
swimming pools and athletic fields.
(d) State licensed facilities permitted under Minnesota Statutes, Section 462.357,
Subd.7. .
1615.03 P"rmitted Conditional U.es. Within an R-1 District, the followine: uses are
permitted only if a conditional use permit has been issued for that use by the City Council:
(a) Churches, temples or synagogues and their supporting homes, convents or
rectories,
(b) Essential service structures including but not limited to buildings such as
telephone exchange substations, booster or pressure regular stations, wells
and pumping stations. elevated tanks and electrical power substations.
(c) City buildings including fire and police stations and other municipal service
buildings not considered industrial.
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CITY OF ST ANTHONY
Iil003
1615.04 Acc"...or:y 11 ses. Subject to the provisions of Section 1650, the following accessory
uses are permitted in the R-l District:
(a) Accessory buildings and private garages and parking for passenger cars and
for recreational vehicles and trucks subject to the limitations of
Section 930, but excluding carports.
(b) Swimnting pools, subject to the provisions of Section 1315.
(c) Tennis courts.
(d) Signs, subject to the provisions of Chapter 14.
(e) Accommodations for not more than two boarders or roomers.
(f) Landscaping.
(g) Private nonprofit conservatories for plants and flowers.
(h) lawn, garden and utility buildings.
1615.05 Dimensional Regulations.
Subd. 1. Hei~ht. No dwelling may exceed 25 feet in height or contain more than
two stories.
Subd. 2. Area and Width. No dwelling may be constructed or placed on (a) an
interior lot of less than 9,000 square feet, or less than 75 feet in width at the building
setback line, or (b) a comer of less than 11,000 square feet or less than 90 feet in
width at the building setback line.
Subd.3. Floor Area Ratio. The floor area ratio within the R-1 District may not
exceed 0.3.
Subd. 4. Minimum Floor Area. Each dwelling must contain the following
minimum floor areas on the first floor:
One story dwellings
One and one-half story dwellings
Two story dwellings
1,000 sq. ft.
900 sq. ft.
750 sq. ft
In split level dwellings which have finished rooms on the lowest level in
compliance with the State Building Code, the area of thooe rooms will be included
in the first floor area minimums.
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C1TY OF ST ANTHONY
1iiI 004
Subd, 5, Front Yard, The frollt yard must have 8. depth equal to the greater of30 feet or a
distance equal to the average of the front yard depths of the two adjacent lots,
Subd, 6, Side Yards, Dwellings must have two side yards the combined width of which is
at least 15 feet, and each side yard must be at least 5 feet wide, A side yard adjacent to a
street must be at least 30 feet wide,
Subd, 7, Rear Yard. The rear yard must have a depth equal to the greater of20'% of the
depth of the entire lot or 25 feet
Subd. 8. Lot Coverage, The lot coverage for residential structures on lots with an area
9,000 square feet and above may not exceed 35% ' The10t coverage for residential
structures on lots with an area less than 9,000 square feet, may not eKceed 40% .
Subd. 9, Building to Land Ratio. The building to land ratio for the following permitted and
permitted conditional uses may not eKceed 35%:
(a) Public schools, and private schools or parochial schools which have an approved
curriculum equivalent to a public school.
(b) Publicly owned recreational facilities, including parks. play grounds. swimming
pools and athletic fields,
(c) Churches, temples or synagogues and their supporting homes, convents or
rectories,
(d) Essential service structures including but not limited to buildings such as telephone
exchange substations, booster or pressure regular stations, wells and pumping
stations, elevated tanks and electrical power substations,
(e) City buildings including fire and police stations and other municipal service buildings
not considered industrial.
Subd. 10, Genaral Regulations. Property in the R-l District is also subject to the
provisions of Section 1650,
Section 1616-R-1A SINGLE-FAi\1ILYL4J<ESHORE
1616.01 Purpo&e. The purpose of the R-IA District is to create and maintain lakeshore areas for
single-family detached residences which, due to the natural amenity oithe lake, and the topographic
characteristics, call for zoning regulations which are somewhat different from other singlll-family
districts and which are designed for the preservation of natural areas,
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CITY OF ST Al'iTIlONY
~005
1616.02 Pennitted Uses. Within an R-IA District, only the following UBes are permitted:
(a) Single-family detached dwellings.
(b) Public schools or parochial schools which have a curriculum equivalent to a
public school.
(c) Public owned recreational facilities including parks, play grounds, swimming
pools and athletic fields.
(d) State licensed facilities perrnltted under Minnesota Statutes, Section 462.357,
Subd.7.
1616.03 Permitted Conditional llses. Within an R-1A District, the following uses are
permitted only by issuance of a conditional use permit by the City Cour.cil:
(a) Essential service structures including but not limited to buildings such as
telephone exchange substations, booster or pressure regulating 'stations, wells
and p1.Ul1ping stations, elevated tanks and electrical and electrical power
substations.
(b) Public municipal buildings including fire and police stations and other
municipal service buildings not considered industrial.
1616.04 Permitted AccessOl:Y Uses. Subject to the provisions of Section 1655, the following
accessory uses are pennitted in the R-1A District:
(al Acce$sory buildings and private garages, carports and parking for passenger
cars and for recreational vehicles and trucks subject to the limitations of
Section 930.
(b) Swimming pools which comply with the provisions of Section 1315, and
which also comply with the following:
(1) No part of a swimming pool may be located within 10 feet from the
side yard lot line or within 75 feet from the natural high water
elevation of the lake.
(2) No swimming pool may be located in a front yard.
(3) The filter unlt, pump, heating unit and any other mechanical
equipment must be at least 25 feet from any neighboring residential
strUcture, at least 10 feet hom any side yard lot line and at least 75 feet
from the natural high water elevation of the lake.
(c) Tennis courts.
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01/07'2002 08:12 FAX 612 781 9323
CITY OF ST ,,-",TRONY
~006
1620.02 Permitted Uses. Within an R-Z District only the following uses arl
R-~
(a) Uses permitted in the R-1 or R-1A District.
(b) Two-family detached dwellings.
1620.03 Permitted Conditional Uses. Within an R-Z District, a use permitted under
Subsection 1615.03 is permitted only if a conditional use permit has been issued for that
use by the eit)' Council.
1620.04 Accesso'Q' Uses. Subject to the provisions of Section 1650, the accessory uses
permitted in the R-1 and R-1A District are permitted in the R-2 District.
1620.05 Dimensional Rliliulations.
Subd. 1. Height. No dwelling may exceed 25 feet in height or contain more than
two stories.
Subd. 2. Area and Width. No dwelling may be constructed or placed or built on
(a) an interior lot of less than 12,000 square feet or less than 85 feet in width at the
building setback line, or (b) a comer lot of less than 14,000 square feet or les5 than
100 feet in width at the building setback line.
Subd. 3. Floor Area Ratio. The floor area ratio within the R-2 District may not
exceed 0.3.
Subd. 4. Minimum Floor Areas. Each dwelling must contain the following
minimum floor areas on the first floor:
One story dwellings
One and one-half story dwellings
Two story dwellings
850 sq. ft.
800 sq. ft.
700 sq. ft
Subd. 5. Front Vard. The front yard must have a depth equal to the greater of 30
feet or a distance equal to the average of the front yard depths of the two adjacent
lots.
Subd.6. Side Yards, Dwellings must have two side yards the combined
width of which is at least 15 feet, and each side yard must be at least 5 feet
wide. A side yard adjacent to a street must be at least 30 feet wide.
Subd. 7. Rear Yard. The rear yard must have a depth equai to the greater of 20% 'Of
the depth of the entire lot or 25 feet.
Subd. 8, Lot Coveraije. The lot coverage may not exceed 35%.
Su.bd. 9. General Rei).llations. Property in the R-2 District is also subject to the
provisions of Section 1650.
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01/07/2002 08:13 F.\X 612 781 9323
CITY OF ST &~ONY
iii 007
1620.07 Division of Lot into S~arate Ownership. A lot in the R-2 District may be divided
into two separate lots with the party wall between the two dwelling units acting as the
dividing lot line, subject to the procedures and other requirements of Chapter 15, and
subject to the following conditions:
(a) The areas of the two lots must be as nearly equal as is reasonably possible,
and Each lot must contain no less than 1/2 the minimum land area
requirement for a two-family dwelling.
(b) Except for having no setback along the common property line, all other
setback and yard requirements must be met.
(c) No fence or shrubbery divider may be installed or maintained within the
required front yard of either lot.
(d) Separate services must be provided to each residential unit for sanltary
sewer, water, electricity, natural gas, telephone and other utilities.
(e) The common party wall must have the fire rating and sound transm.ission
control rating required under the Uniform Building Code.
(f) The owner must execute and record at the owner's expense a declaration of
covenants, conditions and restrictions in a fonn approved by the City
covering party walls, arbitration of disputes, maintenance of the structure,
exterior finishes, land smrounding the buildL'1g, architectural control, roofs
of different types and colors, and the right (but not the obligation) of the City
to enforce the provisions of the declaration.
Section 1625 - R-3 TOWNHOUSE DISTRICT
1625.01 Purpose. The purpose of the R-3 District is to provide areas (a) where the natural
amenities such as trees, hills and bodies of water are preserved by encouraging
development of medium density housing surrounded by common open space, (b) which
may serve as a transitional use between less dense residential districts and other districts,
and (c) which provide for alternatives to one and two family detached dwellings.
1625.02 Permitted Uses. Within an R-3 District only the following uses /lIe permitted:
(a) Uses permitted in the R-l, R-IA and R-2 Districts.
(b) Townhouse buildings containing not less than three units nor more than
eight units.
1625.03 Permitted Conditional U.es. Within an R-3 District, the following uses are
permitted only if a conditional use permit has been issued by the City Council:
(a) Uses permitted as conditional uses in the R-l, R-IA and R-2 Districts.
16-18
01/07/2002 08:14 F,\X 612 781 932~
CITY OF ST ANTIlONY
~008
(b) Nursing Homes.
(c) Multiple dwellings with not more than four apartments.
1625.04 ACCE!~so1;y Uses. Subject to the provisions of Section 1650, the following accessory
uses are permitted in the R-3 District:
(a) Accessory uses permitted in the R-l, R-1A and R-2 Districts.
(b) Common area facilities including swimming pools and tennis courts,
intended solely for the use and enjoyment of the residents and their guests.
1625.05 Dimensional ReiUlatlol:1,s.
Subd, 1. Height. No dwelling may exceed 30 feet in height or contain more than
two stories.
Suoo. 2. Area and Width, The land must contain at least 4,000 square feet per
dwelling unit, with a tota110t area of at least 15,000 square feet, and a lot width of at
least 90 feet at the building setback line.
Subd.3. Floor Area Ratio. The floor area ratio within the R-3 District may not
exceed 0,6.
Suoo, 4, Minimum Floor Area.
(a) Efficiency units must contain at least 500 square feet on one floor.
(b) One bedroom units must contain at least 650 square feet on one or two
floors, not including any basement.
(c) Two bedroom units must contain at least 800 square feet on one or two
floors, not including any basement.
(d) Units with more than two bedrooms must contain at least 800 square
feel plus 125 square feet for each additional bedroom, nol including
any basement.
5uoo. 5. Fr,,,.,t Yard. The front yard must have a depth equal to the grealer of 30
feet or a distance equal to the average of the front yard depths of the two adjacent
lots.
Subd. 6. Side Yards. Dwellings must have two side yards the combined 'width of
which is at least 25 feet, and each side yard must be at least 10 feet wide. Side yards
adjacent to a street mllSt be at least 30 feet wide.
Subd. 7. Rear Yards. The rear yard must have a depth equal to the greater of 25% of
the depth of the entire lot or 30 feet.
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01/07/2002 08:15 nx 612 761 9323
CITY OF ST ANTHONY
~009
Subd. 8, Unit Width. The width of each dwelling unit must be at least 20 feet.
Subd, 9, Lot CDv2rage. Th2 let coverage may not exceed 50%,
Subd. 10. General RelPllations, Property in the R-3 District is also subject to the
provisions of Section 1650.
Section 1630 - R-4 MULTIPLE FAMILY DrSTRICT
1630,01 Purpose. The purpose of the R-4 District is to provide are"s for housing other
than one and two family dwellings and townhouses, and which may serve as a
transitional use between less dense residential uses and nonresidential wes.
1630,02 PermHt"rl U.e.. Within an R-4 District the only permitted uses are rental
apartment emits and condominium apartment units,
1630.03 Permitted Conditional Uses, Within an R-4 District the following uses are
permitted only if a conditional use permit has been issued for that use by the City Council:
(a) Uses permitted as conditional uses in the R-l, R-1A, R-2 and R-3 Districts,
(b) Townhouses.
(cl Service or convenience type businesses, including grocery stores, pharmades.
barber shops and beauty shops catering to the residents of an apartment or
condominium building or complex, not to exceed 1.000 square feet in size
and provided there is no advertising or signing on the exterior of the
building or in any yard.
.
(d) A State licensed residential facility serving from 7 through 16 persons,
(el A State licensed day care facility serving from 13 through 16 persons,
(f) Nursing home.
1630,04 AccessoJ;y Uses. Subject to the provisions of Section 1650, the accessory uses
permitted in the R-1, R-1A, R-2 and R-3 Districts are p~mitled in the R-4 District.
1530.05 Dimensional Re~lalions.
Subd. 1, Heliht. No building or Structure may exceed 35 feet in height or contain
more than three stories.
Subd. 2. Anla. No dwelling may be constructed or placed on a lot which is less in
area than the following:
16-20
01107/2002 08:16 FAX 612 781 9323
CITY OF ST ANTHONY
IilI 010
Section 1635 - C GENERAL COMMERCIAL DISTRICT
1635.01 Purpoge. The C District is intended to provide areas for retail sales and services
located and regulated so as to minimize adverse effects on neighboring residential districts
and congestion of public streets.
1635.02 Permitted Uses. Within a C District, only the following uses are permitted:
(a)
(h)
(c)
Cd)
(e)
(f)
(g)
(h)
(i)
. (n
(k)
(1)
(m)
(n)
(0)
(P)
(q)
(r)
(s)
Accountants.
Antique shops.
Appliance stores.
Architects.
Art galleries.
Art or school supply stores.
Artists.
Attorneys.
Auto accessol"'j or parts stores.
Bakeries which sell at retail only.
Banks and savings and loan IlSsociatiorul without drive-through facilities.
Barber and beauty shops.
Beverage stores for the sale of beverages for consumption off the premises.
Bicycle sales and service stores.
Bonding companies.
Book or stationery stores.
Bus stations of the Metropolitan Transit Co1Il.II\ission
Camera or photographic supply stores.
Candy, lee cream, soft drink or confectionery stores without drive-through
facilities.
(t) Carpet, rug and floor covering stores.
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01/07/2002 08:17 ~\X 612 781 9323
CITY OF ST ANTHONY
(u) China and glassware stores.
(v) Clothing stores.
(w) Coffee houses without drive-through facilities.
(x) Consultants.
(y) Costume and formal wear rental stores.
(z) Curtain and drapery stores.
(aa) Day care centers without drive-through facilities.
(bb) Department. discount or variety stores.
(ce) Drug stores.
(dd) Dry cleaning, laundry and laundromat operatioIlll.
{ee) Educational and scientific research offices excluding laboratory facilities.
(if) Electrical appliance stores.
(gg) Electronics slores.
{hh) Employment agency offices.
('n
I.,
Fabric stores.
Gi)
(kk)
(11)
Florists.
Funeral homes and mortuaries.
Furniture slores.
(mm) Garden supply stores.
(nn) Gift shops.
(00) Government offices.
(Pp) Grocery slores which do not have products or produce offered for sale
outside the building.
(qq) Hardware, paint, wallpaper and home decorating stores.
(rr) Hobby stores.
16-23
Ii!JOll
01107/2002 08:18 FAX 612 781 9323
CITY OF ST ANTHONY
~012
(55) Insurance agents.
(tt) Jewelry stores.
(uu) Libraries.
(vv) Locksmiths.
(ww) Luggage (retail) stores with no tanning or animal hides done on the
premises.
(xx) Meat stores and butcher shops.
(yy) Museums.
(zz) Music and record stores.
(aaa) Music schools and dance schools.
(bbb) Office supply and equipment stores.
(ccc) Pet stores where all pets are caged within the structure and where there are
no external offensive noises or odors.
(ddd) Photographic studios.
.
(eee) Physicians, dentists and health care professionals, including optometrists,
chiropractors, chiropodists and osteopaths, therapists, and therapeutic
massage.
(fff) Pipe and tobacco shops.
(ggg) Postal substations.
(hhh) Radio studios without towers.
(iii) Realtors and other brokers.
(jjj) Rental businesses.
(ill) Restaurants without drive-through facilities located more than 250 feet from
a residential structure or district.
(lll) Sewing machine sales and service shops.
(mmm) Shoe stores and shoe repair shops.
(nnn) Sporting goods stores.
16-24
01/07/2002 08:19 ~\X 612 781 9323
CITY OF ST A."ITllONY
~013
(000) Tailors.
(ppp) Taxi stands without mllirltenance facilities.
(qqq) Toy stores.
(rrr) Travel agencies.
(sss) Upholstery shops.
(ttt) Veterinary clinics.
1635.03 Permitted Conditional Uses. The following uses are permitted in thee District
only by Conditional Use Permit issued by the Council:
(a) Sexually-oriented businesses which comply with the requirements of Section
1670.
(b) A use permitted under Subsection 1635.02 except for the fact that it has a
drive-through facility.
(c) Assembly, lodge or convention halls.
(d) Auto repair which includes no storage of autos for parts.
(e ) Bus stations of the Metropolitan Transit Operations.
(f) Car washes.
(g) Gasoline station.
(h) Liquor stores and lounges.
(i) Motels.
(j) Video tape sales and rentals.
(k) Body tanning salons.
(I) Establishments primarily for the sale of beverages for consumption on the
premises.
(m) Bowling alleys.
(n) Health clubs.
(0) Pool or billiard halls.
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01/07/2002 09:20 FAX 612 781 9323
CITY OF ST ~THONY
iii 014
(p) Restaurants, cafeteria~ and delicatessens located les~ than 250 feet from a
re~identia1 structure or district.
(q) Theater~.
(r) Establishment~ having more than three amusement devices as defined in
Subsection 505.01.
(s) Motorcycle ~ales and acce~~orie~.
(t) Hardware and building material supply store with outdoor lumbeI' yard,
where (1) the lumber yard is screened in a manner approved by the City
Council, and (ii) the hardware and building material supply store building
contains at least 30.000 square feet of space.
(u) La.boratories for medical research and testing (except research and testing
which uses animals) that provide services to health care providers.
(v) Computer research and program development.
1635.04 Accessot:}' Uses. Subject to the provisions of Section 1650, the following accessory
L1ses are permitted in the C District
(a) Incidental repair, limited processing or storage necessary to conduct a
permitted prindpal use if conducted within the principal structure.
(b) Private garages, off.street loading and unloading docks and facilities.
(c) Private swimming pools or other recreational fadJities.
(d) Temporary mobile structt:res for construction purposes only,
(e) Accessory buildings not exceeding one story in height.
1635.05 Dimensional ReiUlation..
Subd.l. Height. No str.Icture may exceed 35 feet in height or contain more man
three stories.
Subd. 2. T ,01 Area and Width. The minimum lot area is 15,000 square feet, and the
minimum lot width is 100 feet.
Su'od.3, Floor Area Rs.1iJ;l The floor area ratio within the C District may not exceed
1.0.
Subd. 4, Frnnt Yards, The iront yard must have a depth equal to the greater oi 35
feet or a distance equal to the average of the front yard depths on the two adjacent
lots.
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Subd.5. Side Yards. Interior side yards must be at least 10 feet in width, except
where a common wall meeting fire code requirements is provided between two
buildings. Side yards adjoining a .street must be at least 35 feet.
Subd. 6. RI"ar Yard~. The rear yard must have a depth of at least 20 feet, or at least
25 feet if there is an alley.
Subd. 7. Setbuk. From RI"sfdl"nti.l Distrkts. There must be a setback area of not
less than 20 feet from any property in a residential district within which setback
area parking, storage and/or loading facilities are excluded.
Subd. 8. Sho.ppini' C'!Tlters. The minimum yards set forth in this SI"ction 1635.05
will not apply to any lot line of a lot in a shopping center if (i) the lot line adjoins
either another lot within the shopping center or a driveway or parking area within
the shopping center, and (il) the Council has approved a site plan for a building to
be constructed on the lot with a different setback from such lot line. In such cases,
the setback approved by the Council shall apply so long as the building exists on the
lot.
For purposes of this subdivision, a "shopping center" means any group of four or
more retail or service establishments totaling a minimum floor area of 75,000
square feet, on one or more contiguous tracts of land in single ownership, or in
multiple ownership but subject to a reciprocal easement agreementgoveming
common access and parking.
1635.06 Gen"ral R"gJllations. Property in the C District is also subject to the provisions of
Section 1650.
Section 1640 - LI LIGHT lNDUSTRLA..L DISTRICT
1640.01 Pu:cpose. The purpose of the U District is to designate areas for, and regulate the
development of, light industry. Areas are designated as light industrial due to t:..J,e
proximity of high capacity roadways or rail facilities and existing development, and
regulated to enhance the compatibility of light industrial uses and uses w:lthin the
commercial and residential districts.
1640.02 Permitted Uses. The following uses are permitted within an U District:
(a) Automotive service and repair provided no junked autos are kept on the
property.
(b) Cleaning, laundering and dry cleaning facilities.
(c) Contractors offices, if equipment or materials are screened according to
Subsection 1650.10.
(d) Engraving and printing.
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(e) Laboratories for research a\"ld testing.
(f) Manufacturing of artists supplies, boats, building materials, confectionery
goods, canvas, canvas products, cork products, dry goods, electric motors,
generators. transformers, controls and components, electronics products ar>.d
service, food stuffs (except meatpacking or slaughtering). furniture, glass, clay
and ceramics products (not involving a blast Ii.lrnace), leather products (not
Involving the tanning or processing of hides), machinery, machine tools,
optical goods, photographic products and film processing (except film
mam1.facture), secondary plastics products including molding and injection
processes, rubber products except primary rubber manufacturing, signs and
sporting goods.
(g) Millworks.
(h) Offices for administrative purposes and non-retail businesses.
(i) Warehouses, wholesalers or distributors for products permitted under
paragraph (f) of this Subsection or for alcoholic beverages, chemicals, soaps.
detergents, drugs. cosmetics, pharmaceuticals and toiletries, dry goods, meat
and meat products, paper, paper products, steel goods, metal products which
are rolled, drawn, stamped, extruded or cast, tile, brick, terra corta, tires,
automotive products, and wood products.
1640.03 Permitted Conditional Tr."s. Thefollowing uses are permitted in an LI District
only by a conditional use p€rmit issued by the Council:
(a) Drug, cosmetic. pharmaceutical and toiletries manufacture.
(b) Canning or bottling other than malt products.
(c) Enameling, painting, varnishing, lacquering and japanning.
(d) Freight terminals,
(e) Meat packing which does not include the slaughtering of any kind oi animal.
(f) Steel or metal goods manufacturing processes, not involving blast furnace
processes.
(g) Not more than two dwelling units of not more than 11,650 square feet each,
having no more than one bedroom each, for use as residences for caretakers
for a mini-warehouse facility, No such dwelling unit may be occupied by a
person other than a bona fide caretaker of a mini-warehouse facility and the
caretaker's spouse and dependent children. For purposes of this paragraph,
the term "mini-warehouse" means a building or buildings designed and
intended for warehouse use by three or more different tenants,
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1640.04 Accessory Uses. Subject to the provisions of Section 1650, the following uses are
pennitted accessory uses in the LI District:
(a) Storage sheds which do not exceed one stor)' in height and which have been
approved by the Council as to size and design.
(b) Buildings temporaril)' located on the premises for purposes of construction
for a period not to exceed completion of construction.
1640.05 Dimensional R"gulations.
Subd.1. Heil1ht. No structure may exceed 35 feet in height or contain more than
three stories.
Subd. 2. Lot Area and Width. The minimum lot area is 15,000 square feet, and the
minimum lot width is 100 feet.
Subd. 3. Front Yard. The front yard must have a depth equal to the greater of 40
feet or a distance equal to the average of the setbacks of structures on the two
adjoining lots.
Subd. 4. Side Yards. Side yards on interior lots must be at least 15 feet each. Side
yards adjoining a street must be at least 40 feet.
Subd. 5. Rear Yards. The rear yard must be at least 15 feet in depth.
Subd.6. Hoar Ar<>a Ratio. The floor area ratio in the LI District may not exceed 1.5.
Subd. 7. Setbacks From Residential Dl~tricts. There must be a setback of at least 20
feet from any property in a residential district, within which setback area parking,
storage and/or loading facilities are excluded.
Section 1645 - R/O RECREATIONAL/OPEN SPACE DISTRICT
1645.01 Purpo~f'. The purpose of the R/O District is to regulate development In those
areas which have significant natural amenities such as trees, terrain, and water resources,
and to regulate development for recreational purposes In areas which have sign1flcant
public or private recreational potential.
1645.02 Permitted Uses. Only the following uses are permitted in the R/O District:
(a) Outdoor or indoor recreational facilities and their supporting structures
operated by a governmental agency, a private, nonprofit service organization
or conservation group, including but not limited to lodges, kitchens, dJnJng
halls and supporting restaurants, dormitories and golf courses.
(b) Trails and pathways for pedestrians and non-motorized means of transit.
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(c) Cemeteries.
(d) Schools and goverrur,ent buildings.
1645.03 Imp.C'1 StatF'mpnt for Any Rezoning. Before an application is considered for
rezoning any RIO District, a statement indicating the expected impact of the proposed
development on the environment and public facilities including streets, schools and
utilities, and an economic feasibility study of the development, are required. Such a
statement must include:
Subd. 1. ExpF'C'tpd IlI\Pact. An assessment of the expected impact of the project on
the watershed, including ponds, streams and wetlands.
Subd.2. Topography. A survey of the existing topography, soil, vegetation and
habitat and how the development will affect these.
Subd. 3. Noi,;,> ControL How the developer proposes to control noise, vibration,
smoke, dust and particulant matter during and after construction.
Subd.4. Conge.Hon. An assessment of the impact the project will have on
congestion In streets and roadways in the vicinity, and the effect the development
will have on schools and public utilities.
Subd. 5. Economic Fe.sibilib:. A marketing study of the economic feasibility of the
proposed development, the market to be reached, and substantiation of the
financial capability or the developer to complete the proposed development.
1645.04 Accessory Use~. Subject to the provisions of Section 1650, the following accessory
uses are permitted in an RIO District:
(a) Athletic fields.
(b) Craft or art buildings.
(c) Maintenance buildings for the storage of equipment used to maintain
grounds, buildings, trees and equipment, to be located in such a way as to
minimize the potential damage to the environment by the seepage or
spillage of oil, gasoline, solvents or lubricants.
(d) Nature interpretive centers.
(e) Swimming pools, bathhouses, gymnasiums, locker rooms and other athletic
str.:lctures.
(f) Mausoleums and crypts.
1645.05 Dimensional R'l~]ations
16-30
STAFF REPORT
DATE:
February 5, 2002
TO:
PIanning Commission
FROM:
Kim Moore-Sykes, City Administrator
~
RE: Infunnation on Fence Permits
............................................................................
BACKGROUND
In November, Staffwas asked by a resident to enforce the City's Ordinance regarding
fences. It appears that his neighbor had recently constructed a fence on the adjoining
property line without seeking permission from the resident as is required by the
Ordinance. When the neighbor was contacted about the situation, he said that he
constructed the fence because the other's dog was always off leash and running loose in
the neighborhood. He said that he had children who are afraid of the large dog and he
wanted to keep it offhis property. The resident that constructed the fence also indicated
that it's against the Ordinance to have one's dog off leash. Eventually, the situation
escalated to the point that Staff advised the police of the situation. The neighbor with the
fence has agreed to remove it in the spring, but insists that the dog must be restrained.
Attached is a copy of the fence ordinance, again from the City of St. Anthony's City
Code. .
RECOMMENDATION
Staffis recommending that the PIanning and Zoning Commission revising the current
fence ordinance that would require a building pennit for the construction of a fence and
that a site plan be included as part of the review process so that disputes between
neighbors of this nature are avoided. A pennit fee will have to be established as well for
the inspection of the structure.
1315.06 Loud Noise Prohibited. Unreasonably loud noise in connection with the
operation or use or a pool is prohibited.
1315.07 Granting Permits. No building permit may be issued unless it meet the
requirements of this Section. No permit may be issued until the Building Inspector
is satisfied that the proposed swimming pool will not be a health hazard and is to be
constructed in such a way so that its future use will not endanger the health, lives or
safety of any persons coming in contact with the swimming pool. All swimming
pools, appurtenances, water supply and drainage systems and other features must be
constructed in conformity with the approved plans. If any deviations from the plans
are desired, a supplementary plan covering that portion of the work involved must
be filed for approval and must conform to the provisions of this Section.
1315.08 Inspection. The Health Inspector is authorized to conduct any inspections
necessary to insure compliance with all provisions of this Section and has the right
of entry at any reasonable hour to the swimming pool for this purpose.
1315.09 Existing Swimming Pools Not Required to be Moved. No swimming pool
or any other structure erected in conjunction with a pool existing as of June 3, 1982
will be required to be moved so as to comply with the location requirements of
Subsection 1315.03. All other requirements contained in this Section are applicable
to existing swimming pools, and structures erected in conjunction with such pools.
-.,r."'.':'.~'ii .'il'..i\i"i1M......'.~...
:"~,'t\1J4\f"",,, ,.... ..." ,
1320.01 Definition. For purposes of this Section, "fence" means a partition,
structure, wall or gate erected as a dividing marker, barrier, enclosure or visual
obstruction, but excluding buildings and bushes, hedges, trees and other living
landscaping.
l!t":02i_~i,P~~:~ired1 A building permit is required for the
construction or alteration of a fence, and for any additions to a fence. The permit
must be obtained in the name of the owner of the property on which the fence is or
will be located. Application must be made on forms provided by the City. The
applicant must provide the Building Inspector with a set of plans and specifications
for the fence. Permit fees must be paid in accordance with the Uniform Building
Code.
1320.03 Requirements.
Subd. 1. Location. Any fence constructed or altered after June 3, 1982 must be
located entirely upon the private property of the owner to whom the building
permit was issued. Ownership of the permit passes with ownership of the
13-7
.
property. The fence must be set back a distance from the owner's property
line sufficient to avoid encroachment onto adjoining private or public
property or a public right-of-way.
Subd. 2. Abutting Public Property. If a fence is or is to be adjacent to a street,
alley, public right-of-way or other public property, the City may require the
applicant for the permit to locate and mark the property line abutting the
public property by having a registered surveyor place permanent survey pins
or stakes on the property line. If the survey information is not available and
the applicant elects not to establish the property line by survey, the permit
will not be issued unless the applicant signs an affidavit stating that the
applicant is the owner of the premises upon which the fence exists or is to be
located.
Subd. 3. Fence Size. No fence shall be over 6 feet in height, and no fence in a
front yard shall be over 4 feet in height. Height shall be measured from the
natural grade, except that the height of a railing, wall, fence or screening
affixed to a deck constructed on the ground but raised above ground level,
will be measured from the elevation of the raised deck for that portion which
is affixed to the raised deck. On an interior side yard where it abuts a back
yard on a comer lot, a 6 foot fence is permitted.
Subd. 4. Traffic View. No fence along a public street may be constructed or
altered so as to visually obstruct the view from a vehicle on that street of
approaching traffic on that street or another street.
1320.04 Construction and Maintenance. Every fence must be constructed in a
substantial manner and of substantial material, reasonably suitable for the purpose
for which the fence is intended. The finished side or fencing material of a fence
must face toward adjacent property or a street or alley and the posts and framework
for the fence must be on the inwardly facing side. Every fence must be maintained
in a condition of reasonable repair and may not by reason of age, decay, accident, or
otherwise, be allowed to become or remain in a state of disrepair so as to be or tend
to be a nuisance to the injury of the public or any abutting property. Any fence
which is dangerous by reason of its construction or state of disrepair or is otherwise
injurious to public safety, health or welfare is hereby declared to be a nuisance.
1320.05 Prohibitions. It is unlawful for any person to construct and maintain or
allow to be constructed or maintained upon any property located within the City
limits any barbed wire fence, spiked fence or any fence which is charged or
connected with electrical current in a manner as to transmit current to a person or
animal which might come in contact with the fence.
13-8
,
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
JANUARY 8, 2002
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on January 8, 2002, at 6:30 p. m.
PRESENT:
John McLean
Ray DeVine
Brian Hanson
Tom Wilharber
David Kilian
ABSENT:
None.
COUNCIL:
Linda Broussard Vickers
STAFF:
Public Works Director, Paul Palzer
I. CALL TO ORDER
1. RollCall
The meeting was called to order at 6:33 p.m.
II. PUBLIC HEARING(S)
1. Spivak Variance (Cancelled)
Chairperson Hanson opened the public hearing at 6:33 p.m.
There was no one in attendance for the public hearing.
Motion bv Commission Member DeVine, seconded bv Commission Member
McLean to close the public hearing. All in favor. Motion carried unanimously.
Mr. Pa]zer commented that, if the City does not change the zoning for the C-I district,
Ms. Spivak would need a variance from the City in order to build her deck.
III. APPEARANCES
None.
Page lof6
IV. OLD BUSINESS
I. Ordinance #4 Amendments
Commissioner Wilharber asked why Division 30 had been changed to extend the
timeframe to allow for an abandoned or discontinued usage to 12 months.
Mr. Palzer indicated that the City's Code was in violation of state laws and needed to be
changed.
Council Liaison Broussard Vickers indicated that at the last meeting the Commission
decided to return to calling everything a structure rather than building on some items.
She then indicated that the portion concerning the items requiring a zoning permit needed
to be added.
Mr. Palzer indicated the Code should have principal structure, accessory structure and
then something else because a zoning permit should be required for everything other than
garages.
Commissioner DeVine indicated he felt all Commissioners needed to have the most
recent copy of the Ordinance because there were too many different copies circulating.
Commissioner Kilian requested that the Ordinance book be updated because his is over
two years old.
Mr. Palzer indicated that Staff was working on providing an updated book for all
Commissioners.
After various discussion, it was determined that there was confusion as to what changes
were made and which draft of the Ordinance the Commission should be working from.
Motion bv Commission Member Kilian, seconded bv Commission Member DeVine
to table this matter to next month's meetine and reanest that Staff provide the most
recent version of Ordinance #4 to the Commission alonl! with the list of proposed
chanl!es for discussion.
Commissioner Wilharber indicated that the garage amendment would have been version
four so the changes being discussed would be version five.
Mr. Palzer suggested using the wording accessory zoning structures so residents would
know that a zoning permit is required.
Mr. Palzer suggested defining structures by Tier I which require a building permit, and
Tier 2 which require a zoning permit.
Page 2 of 6
Commissioner DeVine suggested that Mr. Palzer come up with a list of items for which
he wished to require zoning permits for discussion at the next meeting.
Council Liaison Broussard Vickers indicated that the information should be provided to
the Commission within two weeks, and three weeks maximum to allow time for the
Commission to review the changes.
Vote: Ayes - 5, Nays - O. Motion carried unanimously.
2. Zoning MaD Modifications
Mr. Palzer indicated that the City would be passing the Storm Water Management Plan
and said that would incorporate some of the Rice Creek Watershed District rules. He
then indicated that the C-I zoning was not intended to be a conservation district but a
recreation district for a possible trail way along the creek.
Council Liaison Broussard Vickers indicated that the residents that had attended the
public hearing were concerned about development in the C-I district around the lake.
Mr. Palzer indicated that passage of the Storm Water Management Plan would place a lot
more restrictions on development than what there are currently.
Commissioner Wilharber asked what would happen if a developer came to the City now
and wanted to fill in the wetland and mitigate.
Mr. Palzer indicated that the large pond is a DNR protected wetland with a DNR number
and cannot be mitigated. He then indicated that for the rest of the area a developer would
need to go through the Rice Creek Watershed District procedure for approval.
Commissioner Kilian pointed out that a resident had expressed concern that the area was
not a "natural" wetland because it was dug out which may mean it could be filled in.
Council Liaison Broussard Vickers indicated that there may be enough land that is not
DNR protected wetland that could be mitigated to create house pads.
Mr. Palzer indicated that it may be possible to fill it in enough to create house pads on the
west side and create a small cul-de-sac but stated development is up to the landowner, not
the City.
Commissioner Wilharber indicated he would prefer to wait on changing the zoning of the
C-I district until after the City adopts the Storm Water Management Plan because there
may be someone out there that has enough money to fill in the wetland and build there.
Council Liaison Broussard Vickers indicated that the Planning Commission needed to
make a recommendation on the variance that was requested which means that either the
zoning needs to be changed or a variance granted.
Page 3 of6
I
L
Chairperson Hanson asked when the City would be approving the Storm Water
Management Plan. Council Liaison Broussard Vickers indicated she expected the City to
consider and approve the Storm Water Management Plan sometime in the next few
months. Mr. Palzer indicated he had received comments from the Metropolitan Council
and expected to have the matter on Council's agenda in January.
Commissioner DeVine asked ifit was possible to add a paragraph in Ordinance #4 to
reference the C-I district. Council Liaison Broussard Vickers indicated it would be more
practical to change the zoning to R-I or R-2 to match the adjoining parcels.
Commissioner Kilian indicated he would prefer to wait and see how the Storm Water
Management Plan progressed prior to rezoning the C-I district. He then indicated he
would rather grant the variance than jeopardize the property along the creek.
Mr. Palzer indicated that Rice Creek Watershed District is in charge of protecting the
wetland and had recently issued a cease and desist order and required a resident to
remove fill that was placed in the wetland. He then commented that it would be
impossible for the City to enforce if not defined in the ordinance.
Commissioner DeVine noted that the minutes from the last meeting indicate the
Commission wanted to check with the City Attorney and the consultant who worked on
the Comprehensive Plan prior to rezoning the C-l district. He also noted that Ms.
Moore-Sykes was asked to contact the homeowner that had requested the variance and
ask them to sign an extension.
Council Liaison Broussard Vickers indicated that Staff would need to determine whether
an extension was signed or the matter would need to be on Council's agenda for the
January 9, 2002 meeting.
Mr. Palzer suggested deleting the C-I district along the creek and putting in a wetland
zoning district for the other C-I parcel that would allow no building.
Council Liaison Broussard Vickers indicated that the City would need to check with the
City Attorney to make sure that changing the zoning to not allow for building would
amount to a taking of property.
Commissioner DeVine asked what was decided on PUD's.
Mr. Palzer indicated that the Commission decided not to put anything on the official map
but have one for reference for the Commissions and Staff.
Council Liaison Broussard Vickers indicated that, if a waiver was not signed and Council
did not act to deny the variance at its meeting on January 9, 2002, the variance would be
granted by inaction.
Page 4 of6
Commissioner DeVine commented that it was his opinion that it would make more sense
to grant the variance rather than deny it and then fix the situation so she would not need
it.
Council Liaison Broussard Vickers indicated the City did not want to grant variances
based on the fact that something would be changed because you never know if it really
will happen.
Commissioner DeVine asked whose responsibility it was to ask Staffto contact the City
Attorney concerning the questions raised. Council Liaison Broussard Vickers indicated
she felt it was Mr. Palzer's responsibility because he is the Staff person in attendance.
Mr. Palzer agreed to pass the information on to Ms. Moore-Sykes.
Motion bv Commission Member DeVine. seconded by Commission Member Kilian
to table rezonin!!: of the C-l District pending a recommendation from the Citv
Attornev and review of the Surface Water Mana!!:ement Plan.
Mr. Palzer suggested the Commission could make a recommendation to grant the
variance based on Rice Creek Watershed District approval.
Vote: Ayes - 5, Nays - O. Motion carried unanimously.
V. NEW BUSINESS
l. Consideration of Ms. Mary Jo Helmbrecht's Letter ofrnterest in Serving on the
Planning and Zoning Commission.
Commissioner Kilian asked if the Commission needed to interview Ms. Helmbrecht.
Commissioner Wilharber indicated that Ms. Helmbrecht had served the City as a Council
Member.
Commissioner Kilian indicated he would like information as to why Ms. Helmbrecht is
interested in serving.
Council Liaison Broussard Vickers indicated Ms. Helmbrecht wanted to get back into
public service again.
Motion bv Commission Member Wilbarber. seconded by Commission Member
DeVine to recommend Council acceptance of the letter of interest from Ms.
Helmbrecht to serve on the Plannine and Zonin!!: Commission. All in favor. Motion
carried unanimously.
Page 5 of6
I
l
VI. DISCUSSION ITEMS
None.
VII. CONSIDERATION OF MINUTES
1. December 4, 2001 Meeting Minutes
Commissioner De Vine requested the following change: On Page 3 indicate that the
interim planner was au "intern."
Motion bv Commission Member DeVine. seconded bv Commission Member
Wilharber to approve the December 4. 2001 Meetinl!: Minutes as amended. Aves-
4. Navs - O. Abstain -l(Kilian). Motion carried.
VIII. ADJOURNMENT
Motion bv Commission Member Wilharber. seconded bv Commission Member
DeVine to adiourn the December 4. 2001 Planninl!: Commission Meetinl!: at 7:50
p.m. All in favor. Motion carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 6 of6