HomeMy WebLinkAbout2003-12-02 P & Z Agenda
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PLANNING AND ZONING COMMITTEE
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MEETING AGENDA
MONDAY, DECEMBER 2, 2003
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
ll. PUBLIC HEARING (S)
1lI. APPE~CES
IV. OLD BUSINESS
1. Ordinance #4 - New Format
v. NEW BUSINESS
I. Request of Planning & Zoning to Amend Ord. #4 Regarding Height of Fencing
Required for Pools
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
I. November 3, 2003 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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STATE OF MINNESOTA
COUNTY OF ANOKA
CITY OF CENTERVILLE
ORDINANCE #4. Zoning and Land Use
Section 400 - TITLE AND APPLICATION
400.1 Title. This Ordinance shall be known as Ordinance #4, City of Centerville Zoning and Land
Use Ordinance, except as herein referred to as "this Ordinance".
400.2 Purpose and Intent. It is the purpose and intent of this Zoning and Land Use Ordinance to
protect the health, safety and general welfare of the City and its residents through the
establishment of minimum regulations governing land development and its subsequent use.
Ordinance #4 divides the City into use districts and established regulations for the location,
erection, construction, reconstruction, alteration and use .of land and structures. In addition, this
Ordinance will:
. Protect and promote the natural resources of the City.
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Protect and promote public health, safety and general welfare.
. Provide adequate light, air and access to property.
. Establish and protect land use patterns and development regulations consistent with the
City ofCenterville's Comprehensive Plan.
. Limit congestion and promote safety in the public-rights-ofway.
. Prevent overcrowding ofland and undue concentration of structures by regulating land,
buildings, yards and densities.
. Promote opportunities for orderly, cohesive and compatible development of various and
differing land uses, protecting existing investments and property values.
. Define the. authority, power and duty of City officials, City staff, Planning and Zoning
Commission and the Board of Adjustments and Appeals relating to this Ordinance.
400.3 SCODe. The use of all property within the geographic jurisdiction of the City of Centerville
must comply with Ordinance #4. Any building, structure, or use lawfu11y in existence as of
August 23,2000 and continuing to lawfully exist to the date of the adoption of Ordinance #4,
but not being in conformity with this Ordinance will be regarded as non-conforming. As such,
these non-.conforming structures and uses may be allowed to legally continue to exist subject to
the provisions of Section 405, Subd. 108.
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400.4 Intel"{lretati()n and Application. The intent and purposes as established in Section 400.2 will be
considered in interpreting and applying Ordinance #4. If the provisions of this Ordinance
impose greater restrictions than those of any statute, another ordinance, or regulation, the
provisions of Ordinance #4 will prevail. If provisions of any statute, another ordinance or
regulation impose greater restrictions that Ordinance #4, the provisions of that statute, another
ordinance or regulation will prevail. In their interpretation and application, the provisions of
this Ordinance shall be held to be the minimum requirements for the promotion of the public
health, safety and general welfare.
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400.5 Performance Standards. Every use permitted by Ordinance #4 shall be so established and
maintained so as to comply with the provisions of this Ordinance. The City Council may
require the owner or operator of a use permitted in this Ordinance to provide such tests or
investigations by an independent testing organization that is satisfactory to the City Council.
These tests or investigations need to provide evidence that the use is in compliance with these
standards. The cost of the tests or investigations shall be shared equally by the owner or
operator and the City unless the results disclose non-compliance to Ordinance #4. If non-
compliance is shown to exist, the entire cost shall be borne by the owner or operator. Nothing
in this provision would preclude the City from making any investigations and tests it finds
appropriate to determine compliance with Ordinance #4.
400.6 Permits Reauired. Except as specifically excluded in Ordinance #4, no building, structure, or
premises may be erected, constructed, reconstructed, converted, enlarged, altered, moved, used C......
or occupied unless an appropriate building permit has been issued by the City. .
400.7 Uses Not Sllecified. If a use is not specifically permitted, permitted by special use permit, or
prohibited, then the use will be considered prohibited.
400.8 Severability. If any provision of this Ordinance or the application of any provision to particular
circumstances is held invalid a court oflaw or changes in State legislation, the remainder of the
Ordinance or the application of such provision to other circumstances shall not be affected.
400.9 ReDeal. Ordinances, including all prior Zoning Ordinances and Amendments or parts thereof,
in force at the time this Ordinance shall take effect and Ordinance 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.
400.10 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 City ofCenterville's Comprehensive Plan to the extent practical or as 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.
400.11 60-Dav Rule. It is the intent of the City to comply with the State requirements for timely (
review of actions requiring formal approval by the City Council. 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 Council cannot act upon a request within sixty (60) days, the
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City will notifY the applicant in writing that the request will be acted on within 120 days of the
date that the application was accepted by the City. In the event that multiple approvals are
required for any action, each approval shall require a separate, independent timeline for an
action.
400.12 Other Ordinances. The City of Centerville has enacted or may enact other Ordinances that may
supplement or supercede this Ordinance. Users of this Ordinance should contact the City to
determine whether certain provisions in this Ordinance are affected by other City Ordinances.
400.13 State Buildine Code. The Minnesota Building Code, established pursuant to Minnesota
Statutes 16B.59 through 16B.75 is hereby adopted as the building code for the City of
Centerville. The building code is hereby incorporated in this Ordinance as if fully set out
herein.
Section 405 - DEFINITIONS
405.01 Definitions. For the purposes of this Ordinance, words and terms contained herein will have
the following meanings. Words and terms not included in this Section shall have the
meanings as defined in Minnesota State Statutes. Other words and terms no so defined shall
have the meaning customarily associated with them.
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Subd. 1.
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.
Subd. 2. Abuttine. Having a common border with, or being separated from such a
common border by a right-of-way, alley or easement.
Subd. 3. Accessorv Buildine. 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.
Subd. 4. Accessorv Use. A use incidental to, and on the same lot as, a principal use.
Subd. 5.. Addition. Part of a building added to increase the useable space of the building.
Subd.6. Adult Uses. Those uses as defined and outlined in Centerville Ordinance #61.
Subd.7. Agriculture. The use ofland 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.
Subd. 8. Allev. A public or private way permanently reserved as a secondary means of
. access to abutting property.
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Subd. 9. Alteration. Any change, addition, or modification, in construction or occupancy
of an existing structure.
Subd. 10. 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 1he purpose of
beautifying and modernizing shall not be considered a structural alteration.
Subd. II. Antenna. Any system of wires, poles, rods, reflecting discs, satellite dishes, or
similar devises used for the transmission or reception of electromagnetic waves
external to or attached to the exterior of any building.
Subd. 12. Apartment. A room or suite of rooms, including bath and kitchen facilities, in a
multiple-family building designed for occupancy by a single family.
Subd. 13. Apartment. Accessorv. An apartment that is secondary and incidental to a
principal use or building.
Subd. 14. Apartment Building. A multiple dwelling designed to accommodate three or
more rental units. - See Dwelling, Multiple, Subd. 56.
Subd. IS. Area Identification Sign. A freestanding sign which identifies the name of a (
residential subdivision, commercial or industrial development. See Subd. 72,
Freestanding Sign.
Subd. 16. Auto Repair. Rebuilding, reconditioning, reconstructing, repairing or replacing
worn or damaged motor vehicle parts.
Subd. 17. Automobile Service Station. See Motor Fuel Station, Subd. 107.
Subd. 18. Balconv. A platform projecting from a wall of a building, enclosed by a railing,
and elevated at least seven (7) feet above ground.
Subd. 19. Basement. A portion ofa building located partly or completely underground,
having more than 50% of its floor-to-ceiling height below the average grade of
the adjoining ground. Split level, split entry, and earth sheltered homes shall be
construed to satisfy basement requirements.
Subd. 20. Block. A tract of land bounded by streets or a combination of streets, parks,
cemeteries, railroad rights-of-way, shorelines, waterways, or corporate boundary
lines of the City.
Subd. 21. Boathouse. A structure designed and used solely for the storage of boats or (
boating equipment. ,
Subd.22. Boulevard. That part of the public right-of-way located between the curb line
and the property line.
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Subd.37. Commercial Use. An occupation, employment, or enterprise that is carried on
for profit by the owner, lessee, or licensee.
Subd. 38. Commission. The Planning and Zoning Commission of the City of Centerville.
Subd.39. Commissioner. A member of the Planning and Zoning Commission.
Subd.40. Common Areas. Privately owned land in a residential development which is
used for recreational purposes or is of an aesthetic nature, or provides access and
is generally intended for the use and/or enjoyment of the residents of the
development.
Subd.41. Conditional Use. A use which is not classified as a permitted use because of
special problems that require reasonable limitations and conditions as imposed
by the City Council for the protection of the public welfare and the integrity of
the City's Comprehensive Land Use Plan.
Subd. 42. Conditional Use Permit. A permit, issued by the City Council, in accordance
with procedures specified in this Ordinance as a flexibility device to enable the
City 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.
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Subd. 43. Condominium. Property to be owned and conveyed in accordance with the
Condominium Act, Minnesota Statutes, Chapter 515.
Subd. 44. Contractor's Yard. An area where vehicles, equipment and/or construction
materials and supplies commonly used by building construction, excavation,
roadway construction and similar contractor materials are stored or services.
Subd. 45. Coverage. That portion of a lot covered by principal and accessory use
structures.
Subd. 46. Cul de Sac. A local street, one end of which is closed and consists of a circular
turn around.
Subd. 47. Day Care Facilities. A state licensed day care facility, as defined in Minnesota
Statutes, Chapter 462.
Subd. 48. 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.
Subd.49. Densitv. The number of dwelling units permitted per net acre ofland.
Subd. 50. Development. All structures and other modifications of the natural landscape
above and below ground or water, on a particular site.
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Subd. 51. District. See Subd. 162, Zoning District.
Subd. 52. Drive-In Facilitv. A facility from which a product or service is dispensed, sold,
rendered, or from which business is transacted, between a business
establishment and persons in a vehicle.
Subd. 53. Dwelling. A building or portion thereof, that provides living facilities for one or
more families.
Subd.54. 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.
Subd. 55. Dwelling. Seasonal. A dwelling not used for permanent residence and not
occupied for more than six (6) months in each year.
Subd.56. Dwellin@:. Sine:le-Familv. Attached (GrouP. Rowand Townhouses). One (1) of
two (2) or more residential buildings having a common or a party wall
separating dwelling units.
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Subd. 57. Dwellin~. Single-Familv. Detached. A residential building containing not more
than one (1) dwelling unit entirely surrounded by open space on the same lot.
Subd. 58. Dwelling. Two-Family. A building used exclusively for occupancy by two (2)
families living independently of each other.
Subd.59. Dwelling Unit. One (1) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (1) family with
separate toilets and facilities for cooking and sleeping.
Subd.60. 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.
Subd. 61. Essential Services. Public and private utilities required by the resident and
working population.
Subd. 62. Facade. The exterior wall of a building exposed to a public view or that wall
viewed by persons not within the building.
Subd.63. . Familv. 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.
Subd. 64. Fence. Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas ofland.
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\Subd.65. Fla Lot.
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Suod;-66:--f1' 00 Plain. Flood plain or flood-prone area means any land area susceptible of
being inundated by water from any source.
Subd. 67. Floodway. The channel of it river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the 100- year flood without
cumulatively increasing the water surface elevation more than one foot at any
point.
Subd. 68. Floodwav Fringe. All that land in a flood plain not lying within a delineated
floodway. Land within a floodway fringe is subject to inundation by relatively
low velocity flows and shallow water depths.
Subd.69. 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.
Subd. 70. Floor Area Ratio. The total floor area on a zoning lot divided by the total site
area of the lot or parcel being developed.
Subd. 71. 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. See Ordinance #39, SIGNS.
Subd. 72.
Subd.73.
Subd. 74.
Subd.75.
Subd. 76.
Frontage. The front or frontage is that side of a lot abutting on a street or
roadway and ordinarily regarded as the front of the lot, but it shall not be
considered as the ordinary sideline of a comer lot.
Garage. Private. Any accessory building or an accessory portion of a principal
building designed or used solely for the storage of motor vehicles, boats, and
other personal belongings which are owned or used by the occupants of the
building to which it is accessory.
Garage Sale. Any display of items for sale in a dwelling, garage or yard on
property used primarily as a residence.
Glare. A sensation of brightness within the visual field that causes annoyance,
discomfort, or loss in visual performance and visibility. ?
Grade. The lowest a of the ground, ~
paving or sidew d the property line, or
'lding, between the
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Subd. 77. Home Occupation. An occupation or professional activity or use that is clearly a
customary, incidental, imd secondary use of a residential dwelling unit and
which does not alter the exterior of the property or affect the residential
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character of the neighborhood. Home occupations in the City must meet the
following criteria:
a) Home occupations shall be conducted solely by person residing
in the residence with the exception of no more than one
additional non-related employee; and
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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
The occupation shall not be visible or audible from any property
line; and
e.) The occupation may involve limited retail sales or rental of
products on the premises, provided all stock associated with the
occupation is completely enclosed in the principal structure.
Retail merchandise may not constitute more than fifty percent
(50%) of the principal structure square footage; and
f.)
Unless completely enclosed within an approved structure, no
vehicle used in the conduct of the occupation shall be parked,
stored or otherwise present at the premises other than such as is
customarily used for domestic or household purposes. (See
section 130-140 Outside Storage.); and
g.) Only on-site, off-street parking facilities typically associated with
a residence shall be used; and
h.) 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 shall not be
permitted.
i.) See Ordinance #39.
Subd. 78. Hotel. A co=ercial building occupied as more ofIess 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.
Subd. 79. Impervious Surface. Any material that substantially reduces .or prevents the
infiItration of storm water into previously undeveloped land. Impervious
surfaces shall include graveled driveways and parking areas.
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Subd. 80. Industrial Park. A planned, coordinated development of a tract ofland with two
(2) or more separate industrial buildings. Such development is planned,
designed, constructed, and managed on an integrated and coordinated basis with
special attention given to on-site vehicular circulation, parking, utility-needs,
building design and orientation, and open space.
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Subd. 8l.//~;nsive Commerc~~.//
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Subd. 82. JullkYarcl. Property where waste, discarded and/or salvaged materials are
bought, sold, stored, exchanged, cleaned, packed, disassembled or handled.
Subd. 83. Kennel. Commercial. Any premises which are kept and maintained for the
business of selling. boarding, breeding, showing, or treating dogs and any place
where five (5) or more dogs over the age of six (6) months of age are habitually
kept.
Subd. 84. Land Reclamation. Land upon which 25 cubic yards or more offill material
(rock, concrete, bituminous concrete or sand) is deposited.
Subd.85. Land Removal. Land upon which 100 cubic yards or more of soil or subsoil
material is removed, not including material excavated for the purpose of
constructing basements, footings or foundations.
Subd. 86. Landscaoing. The aesthetic improvement of land by the arrangement of
plantings and/or decorative features such as fences and walls.
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Subd.87.
Subd. 88.
Subd.89.
Subd.91.
Subd. 90.
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 permitted in the Zoning Ordinance.
Lot Area. The area of a lot in a horizontal plane, exclusive of contours, bounded
by the vertical planes through front, side and rear lot lines, but excluding any
area which constitutes public waters, public streets, or other rights-of-way.
Lot. Comer. A lot situated at the junction of and abutting on two or more ~ .. ~?
intersecting streets. On a comer lot, the street address or ~~~)~.
dimension of the street sh~.be-co~sidere.dJ.h~ Yard.) The side yard th~ , .
~~therstreefWill have a thirty (30~~~~t.~:~~~_~_//__~---
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Lot Coverage. The area of a lot covered by impervious surface, determined by
dividing that area of a lot which is occupied or covered by the total horizontal (
projected surface of all buildings, including covered porches and accessory
buildings, by the gross area of that lot.
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Subd. 91. Lot Depth. The average horizontal distance between the front and rear lot lines.
Subd. 92. Lot. Interior. Any lot other than a comer lot.
Subd. 93. Lot Line. A line dividing one lot from another lot or from a street or alley.
Subd. 94. Lot Line. Front. On an interior lot, the lot line abutting a street; or, on a comer
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.
Subd. 95. Lot Line. Rear. The lot line not intersecting a front lot line that is most distant
from and most closely parallel to the front line. A lot bounded by only three (3)
lot lines will not have a rear lot line.
Subd. 96. Lot Line. Side. Any lot line not a front or rear lot line.
Subd. 97. Lot. Minimum Area of. The measurements of a lot computed exclusive of any
portion of the right-of-way of any public thoroughfare.
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Subd. 98. 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 as of 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;
b. Was the subject of a written agreement to convey entered into prior to
such a time;
c. Was a separate parcel of not less than two and one half (2 Y:z) acres in
area and one hundred (150) feet in width on January 1, 1966;
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;
e. Is a single parcel of commercial or industrial land of not less than five
acres and having a width of not less then three hundred (300) feet and its
conveyance does not result in the division of the parcel into two or more
lots or parcels, anyone of which is less than five (5) acres in area or
three hundred (300) feet in width;
f. 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 tow or
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more lots or parcels, any on 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 that 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.
Subd. 99.
Lot. Substandard. A lot or parcel of land that has less than the required minimum area
or width, as established by the Zoning District 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.
Subd. 100.
Lot. lbrough. A lot having its front and rear yards each abutting on a street.
Subd.101.
Lot. Width. The horizontal average distance between side lots lines, measured at the
required front setback line.
Subd. 102.
Manufactured Housing. Single-family detached housing that is built to the National
Manufactured Housing Construction and Safety Standards of Act of 1974, and shall
include structures known as manufactured homes or mobile homes. (A manufactured
home as defined in Minnesota Statutes. Section 327.14. Subd. 3.)
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Subd. 103. Mineral Extraction. The extraction of soil, sand, gravel, rock or other such material
from the land.
Subd. 104. Motor Vehicle. A self-propelled vehicle for personal or business use as defmed in
Minnesota Statutes 169.01.
Subd. 105. 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 ll1ld services are performed.
Subd. 106. Non-Conforming: Structure or Use. A structure or use lawfully in existence and
continuing to lawfullv exist to the effective date of this ordinance or any amendment but
not conforming to the regulations for the district in which it is situated. Non-
conformances may be continued subject to the following conditions:
a.) The non-conforming use is not expanded or enlarged, except in the
Conformity with the provisions of this Ordinance; and
b.)
If the non-conforming use is discontinued or a non-conforming structure
is abandoned for a period of twelve (12) months. Further use of the
structure or property must conform to this Ordinance; and
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c.) If a non-couforming use is replaced by another use, the new use shall
conform to this Ordinance; and
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Subd.107.
Subd.l08.
Subd.109.
Subd. 110.
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Subd. Ill.
d.)
If a non-conforming use or structure is damaged by any cause to the
extent that repair or replacement costs exceed fifty percent (50%) of the
market value, the use or structure may not be replaced or repaired except
in conformity with this Ordinance; and
e.) Normal maintenance of a non-conforming structure is permitted,
including necessary non-structural repairs and incidental alterations,
which do not extend or intensifY the non-conforming use.
Nursing Home or Rest Home. A licensed establishment having accommodations for the
continuous care of two or more invalid, infirmed, aged convalescent patients or disabled
persons that are non-related. A nursing home as defined in Minnesota Statutes. Section
144A.01. SuM. 5.
Occuuancv Permit. Permission received by the City to use/occupy a premises.
Onen Sales Lot. Land devoted to the display of goods for sale, rent, lease, advertising
or trade where such goods are not enclosed within a building.
Onen Space. Any unoccupied land space open to the sky.
Ordained. To order by virtue of established authority.
Subd. 112. 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.
Subd. 113. Parcel. A contiguous tract ofland, which may consist of unplatted land or one or more
platted lots. For purposes of the Zoning Ordinance, adjoining lots which were in
conunon ownership according to the real estate records of Anoka County, Minnesota,
will be deemed a single parcel if one or more of the lots are smaller thati the minimum
lot size required under the Zoning Ordinance.
Subd. 114. Parking Space. An area of not less than 162 square feet (9'x18'), exclusive of
driveways and aisles, designed for the parking of one motor vehicle.
Subd. 115. Patio. A courtyard or other finished exterior ground surface open to the sky constructed
of rock, brick, concrete, stone or similar materials and commonly used for relaxation,
socializing or dining.
Subd. 116.
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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 ofland or buildings.
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Subd.117.
Permitted Use. A use expressly authorized by the Zoning Code for a particular district
or districts.
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Subd. 108. Planned Unit Development (PUD)' 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
Subd. 109. 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.
Subd. 110. Principal Use. The main use to which the premises are devoted and the purpose for
- which the zoning district allows.
Subd. 111. Principal Structure. The main structure to which the premises are devoted and purpose
for which the premises exist.
Subd. 112. Private Property. Any real property within the City which is privately owned and which
is not a public property as defined in this section.
Subd. lB.
Propertv Line. See Subd. 93, Lot Line.
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Subd. 114.
Public Hearing. An official public meeting of which notice has been published in the
City's legal newspaper.
Subd. 115. Public Prooertv. 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.
Subd. 116. Recreational/Open Space. Land which has significant natural and/or recreational
amenities which warrant protection and/or assessment of any proposed change in the
usage of the land.
Subd. 117. Recreational Vehicles. A mobile vehicle, including boars, used for recreational
purposes capable of being towed or being self-propelled.
Subd.118. Remodeling. Alterations ofa building primarily of an aesthetic nature which may
include incidental repairs to supporting members but not structural alterations.
Subd. 119. Residential Facility (also Group Homes). A state licensed residential facility, defined
by Chapter 462, Minnesota Statues, serving six (6) or fewer persons, in a Single-Family
Residential District and no more than sixteen (16) persons in a Multi-Family Residential
District.
Subd. 120.
Right-of- Wav. A street, alley or easement permanently established for the passage of
persons and vehicles, including the traveled surface oflands adjacent that are formally
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the street or road.
Subd. 121. Setbacks. Areas of a lot adjoining the lot lines in which structures are prohibited.
Subd. 122. Sewer Svstem. Pipelines or conduits, pumping stations. force main, and all other
construction devices, appliances, or appurtenances used for conduction sewage or
industrial waste or other wastes to a point of ultimate disposal.
Subd. 123. Shore ImDact Zone. Land located between the ordinary high water level of a public
water and a line parallel to it at a setback of fifty percent (50%) of the structure setback.
Subd. 124. Sim Any structure, device, advertisement or visual representation intended to
visually advertise, identify or communicate information, or to visually attract the
attention of the public for any purpose unless located within a building and not visible
from the exterior of the building. See Ordinance #39.
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Subd. 125. Sil'Tlificant Historic Site. Any archaeological site, standing structure, or other property
that meets the criteria for eligibility to the National Register of Historic Places or is
listed in the State Register of Historic Sites, or is determined to be an unplanted
cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A
historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society.
Subd. 126. Sit-Down Restaurant. A restaurant in which more than 20% of the gross sales are
through table service.
Subd. 127. Site Plan. An outline in detail of the proposed layout of all proposed structures,
driveways, parking. Landscaping and other improvements, drawn to an appropriate
scale.
Subd. 128. StOry. That portion of a building, other than a basement, which is between the surface
of any floor and the surface of the floor next above it; or if there is no floor above, the
space between the floor and the ceiling next above.
Subd.129. Story-Half. That portion ofa 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.
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Subd. 130. Steeo SloDe. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available County soil surveys or other
technical reports, unless appropriate design and construction techniques and farming
practices are used in accordance with the provisions 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 offifty (50) feet or more.
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Subd. 131.
Street Access. A public right-of-way which affords the principal means of accessing
abutting property.
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Subd. 132. Structure. Anything constructed, moved or erected, the use of which requires location
on the ground or attached to something having a fixed location on the ground, but
excluding fences, sidewalks, retaining walls and items of an ornamental, decorative or
incidental nature.
Subd. 133. Structural Alteration. Any change made to existing support members, columns, beams,
girders or foundations except those which are solely of an ornamental, decorative or
incidental nature.
Subd. 134. 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 the
following:
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.
b. Creating cemetery lots.
c. Resulting from court orders, or the adjustment of a lot line by the relocation of a
common boundary. The purpose or the activity for which the land or building
thereon is designed, arranged, or intended
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Subd.135. Townhouse. Attached dwelling units of three or more, each with separate means of
access which are not a condominium.
Subd. 136. Travel Trailers. A mobile vehicle with wheels, designed for overnight living or
camping purposes, capable of being towed by a motor vehicle.
Subd. 137. Use. The purpose or activity for which land or a building is designed or intended, or for
which it is occupied or maintained.
Subd. 138. 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 usable by
persons occupying a dwelling unit and their guests.
Subd. 139. Variance. A modification of the literal provisions of the Zoning Ordinance in instances
where their strict enforcement would cause undue hardship to the property owner
because of circumstances unique to the property under consideration.
Subd. 140.
Vehicle. A car, van, truck, motorcycle, snowmobile, motor home, camper, trailer, boat
or similar item licensed by the State of Minnesota and as defined in Minn. Stat. 169.01,
Sub. 1, for use on roadways or waterways, excluding bicycles.
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( Subd. 141. Vehicle. Abandoned. Any vehicle as defined in this Section, which does not have
lawfully affixed or attached thereto an unexpired state registration or license plate or
plates, or the condition of which is wrecked, dismantled, partially dismantled,
inoperative, abandoned or discarded.
Subd. 142. Wall. Retaining. A structure that is erected as a permanent barrier, affixed along its
entire length to the ground or some other immovable structure to impede the movement
or the erosion of soil.
Subd.143. Water-Oriented Accessory Structure or Facilitv. A small, above-ground structures or
other improvements except stairways, fences, docks and retaining waJ.ls, which because
of the relationship of its use to a surface water feature, reasonably needs to be located
closed to public waters than the normal structure setback. Examples of such structures
and facilities include boathouse, gazebos, screen houses, fish houses, pump houses and
detached docks.
Subd. 144. Wetland. Land that is transitional between terrestrial and aquatic systems where the
water table is usually at or near the surface or that is covered by shallow water. For
purposes of this definition, wetlands must have the following three (3) characteristics:
a. Predominance of hydric soils;
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b.
Are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support a prevalence ofhydrophytes vegetation
typically adapted for life in saturated soil conditions; and
c. Under normal conditions, support a prevalence of such vegetation.
a Subd. 156. Yard. That portion of a lot between a lot line, and a building on
the lot.
Subd. 145. Yard. Exterior. A side yard which abuts a street or public right-of-way along the side
lot line.
Subd. 146. Yard. Front. The area extending along the full width of the lot between the side lot
lines from the street right-of-way line to the principal building on the lot or to a depth
required in the yard regulations of the Zoning District in which the individual lot is
located.
Subd. 147. Yard. Interior Side. A side yard which abuts an adjacent side yard or back yard along
the side lot line.
Subd. 148. Yard. Rear. The area extending along the full width of the lot between the side lot lines
from the side lot line to the principal building on the lot or as specified in the yard
\, regulations for the Zoning District in which the individual lot is located.
Subd. 149. Yard. Side. The area extending along the full depth of the lot between the front and rear
lot lines from the side lot line to the principal building on the lot.
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Subd. 150. Zoning District. An area for which specific regulations and requirements are
established to govern land use, lot specifications, structures and building dimensions.
Subd. 151. Zoning Map. A map that designates the location and boundaries of the City's Zoning
Districts.
Section 410 - DISTRICTS
410.01 Division ofCitv into Districts. The City ofCenterville is divided into the following zoning
districts;
Subd. 1. Residential.
(a) R-l Rural Residential 10 Acres
(b) R-2A Single Family Residential 11,500 SF
(c) R-2 Single Family Residential 15,000 SF
(d) R-4 Single Family Manufactured 7,500 SF
(e) R-5 Single Family Estate 17,500 SF (
Subd. 2. B-1: Commercial District.
Subd. 3. I-I: Industrial.
Subd. 4. P-l: Public/Semi-Public.
Subd.5. M-l: Mixed Use.
410.02 Zoning Map. The location and boundaries of the City ofCenterville's zoning districts are
designated in the City's Zoning Map and all notations, references and data shown on the Zoning Map
are hereby adopted by reference and declared to be part of this Ordinance as the Official Zoning Map.
The City of Centerville Zoning 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 Zoning Map up
to date and to record each amendment thereto within 30 days after official publication of the ordinance
adopting the amendment.
410.03 District Boundaries. The boundaries between districts are, unless otherwise indicated,
intended to follow parallel or perpendicular to lot lines, the centerlines of streets, alleys, waterways or
rights-of-way or property lines, or such lines as extended.
41 0.04 Yards. Generally, the minimum depth of a yard for each District shall be as defined in its
respective Section as described in this Ordinance #4.
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d.
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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.
b.
Lots which abut on more than one (1) street shall provide the required front
yards along eaph street for the principal structure. Side yard setbacks for an
accessory structure will apply to the frontage that is not considered to be the
required front yard.
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 a lake. Where the adjacent structures have yard setbacks different
from these requirements, the minimum setback from a lake shall be the average
setback of such adjacent structures to a minimum of fifty (50) feet.
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: Which
is allowed in the side yard and which is in the rear yard? The above statement
states, "side or rear yard depths, but the following do not distinguish which is for
which.
1. Off Street Parking. Spaces and access drives for non-residential uses -
twenty (20) feet.
2. Churches. Schools and Public or Semi-Public Structures. Forty (40) feet.
. 3. Recreation Facilities. Entertainment Facilities. Business Uses. and Industrial
Uses. Sixty (60) feet.
Section 415 - RURAL RESIDENTIAL (R-l)
415.01 Puroose.lbe purpose of the R-l 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
the agricultural uses in the City and the incompatibilities which often exist between agricultural and
non-agricultural uses, permitted uses in the R-l District will not reflect intensive commercial
agricultural uses.
415.02 Permitted Uses. Within an R-l District, only the following uses are permitted:
(a) Single-family, detached, dwellings at a density not exceeding one (1) home per ten
(l0) acres.
(b) Residential accessory uses and home occupations.
(c) Crop production and vegetable gardening.
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(d) Produce stands for products raised on the premises.
(e) Tree nurseries and sod farms.
(f) Horses, livestock and fowl, not exceeding a density of one (I) horse or livestock
animal per acre of three (3) fowl per acre.
415.03 Permitted Conditional Uses.
Garages, accessory structures, screen walls and exposed areas of retaining walls shall be of
similar type, quality, and appearance as the principal strucfure. Accessory structures shall
comply with all of Subd. 421.03, Accessory Structures and Uses.
415.05 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd.2. Area and Width. No dwelling maybe constructed or placed on a lot of less than ten
(10) acres or less than 300 feet in width at the building setback line.
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Subd.3. Minimum Floor Area. The minimum building size in the R-l District is 1,050 SF.
Subd.4. Special Reauirements of the Zoninl! District. Agricultural uses permitted in R-l
Districts are subject to the following requirements:
(a) Feed lots, runs, peus, and similar inteusively used facilities for animal raising and
care shall not located within 300 feet of a neighboring property.
(b) Accessory farm buildings shall not be erected within 100 feet of a neighboring
property.
(c) Comer lots shall not have anything erected, placed, planted or allowed to grow in
such a manner as to materially impede sight lines between a height of two and one-
half (2 Y2) and ten (10) feet above the centerline grades of the intersecting streets in
a triangle bounded by the street of the lot and a line joining points along the street
lines fifty (50) feet from the point of the intersection.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front property
line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum width of 10 feet
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Subd.7. Rear Yard. The rear yard must have a depth of25 feet.
Subd. 8. Special Reauirements. Agricultural uses are permitted in the R-l District subject to
the following requirements:
a.) Feed lots, runs, pens, and similar intensively used facilities for HnimHI raising and care
shall not be located within three hundred (300) feet of a neighboring property.
b.) Accessory farm buildings shall not be erected within one hundred (I 00) feet of a
neighboring property.
Section 416 - IDGH DENSITY SINGLE FAMILY RESIDENTIAL (R-2A)
416.01 Puroose. The purpose of the R-2A District is to provide for higher density single faruily
detached, attached and multiple dwelling opportunities in areas where public utilities are available and
required for service and which may serve as a transitional use between less dense residential uses and
non-residential uses. The design and circulation of new R-2A residential areas are also intended to be
complimentary with and an enhancement to the community's small town atmosphere.
416.02 Permitted Uses. Within the R-2A District, only the following uses are permitted:
(a) Single-Family, detached dwellings.
(b) Single-Family, attached dwellings with more than 4 dwelling units per building.
(c) Apartments or condominiums at a density not exceeding 12 units per acre.
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(d) Accessory Uses.
1. No more than two (2) accessory structures are permitted on any Single-
Family, detached dwelling parcel located in this District.
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2. 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.
3 No accessory structure may be constructed on a parcel without a
principal structure.
4. An accessory building detached and not a part of a main building shall
be constructed and sited no closer than six (6) feet to the main building,
except as otherwise provided in this Ordinance.
(e) Park and recreation uses.
(f) Day care facilities.
(g) Residential facilities.
416.03 Dimensional Rel!Ulations.
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Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of less than
11,500 SF or less than 80 feet in width at the building setback line.
Subd. 3. Minimum Floor Area. The minimum building size in the R-2A District is 900 SF.
Subd.4. Front Yard. The front yard shall have a setback of35 feet from the front property
line.
Subd.5. Side Yard. Dwellings must have 2 side yards, each with a minimum width of 10 feet
Subd. 6. Rear Yard. The rear yard must have a depth of 25 feet.
Subd.7. Special ReclUirements of the Zoning District. Comer lots shall not have anything
erected, placed, planted or allowed to grow in such a manner as to materially impede
sight lines between a height of two and one-half (2 v,) and ten (10) feet above the
centerline grades of the intersecting streets in a triangle bounded by the street of the lot
and a line joining points along the street lines fifty (50) feet from the point of the
intersection.
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Section 417 - SINGLE FAMILY RESIDENTIAL (R-2)
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417.01 Puroose. The purpose of the R-2 District is to provide forlower density traditional single
family detached dwelling opportunities in areas where public utilities are available and required for
service. The design and circulation of new R-2 residential areas are also intended to be complimentary
with and an enhancement to the community's small town atmosphere
417.02 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b) Single-Family, attached dwellings with two (2) units.
( c) Accessory uses.
(d) Public Parks and Recreational Facilities.
( e) Day Care Facilities.
(t) Residential Facilities.
(g) Home Occupations.
C 417.03 Permitted Conditional Uses.
417.04 Accessory Uses. 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 yard setback; may
not exceed ten (10) feet in height; and any accessory building, uuless attached to and made a
part of the principal building, shall not be closer than six (6) feet to the main principal, except
as otherwise provided in this subdivision. No structure may be placed in an easement of
any type.
. The total area of an attached accessory building (garage) shall be no greater than 1500 square
feet per level. Swimming pools may exceed the size requirements for accessory structures, but
they can not exceed fifty percent (50%) of the rear yard.
No more than two (2) accessory structures are permitted on any single-family, detached
dwelling parcel located in this zoning district. The combined aggregate square footage for
these accessory structures may not exceed two hundred (200) square feet or two percent (2%)
of the lot area, whichever is greater.
417.05 Dimensional RelrulatioDS.
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Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd.2. Area and Width. No dwelling may be constructed Qr placed on a lot ofless than
15,000 SF or less than 100 feet in width at the building setback line.
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Subd.3. Minimum Floor Area. The minimum building size in the R-2 District is 1,050 SF.
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Subd. 4. Soecial Reauirements of the Zoning District Corner lots shall not have
anything erected, placed, planted or allowed to grow in such a manner as to materially
impede sight lines between a height of two and one-haIf(2 Y2) and ten (10) feet above
the centerline grades of the intersecting streets in a triangle bounded by the street of the
lot and a line joining points along the street lines fifty (50) feet from the point of the
intersection.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front property
line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum width of 10 feet
Subd. 7. Rear Yard. The rear yard must have a depth of25 feet.
Section 418 - SINGLE FAMILY, MANUFACTURED HOUSING (R-4)
418.01 Puroose. The intended purpose of the R-4 is to provide for high density single-family,
attached and detached residential opportunities in areas where public utilities are available and required
for service. lbis district is to provide safe and attractive residential neighborhoods with all urban C...
services and the desired amenities as other residential areas of the City.
417.06 Permitted Uses and Structures.
(h) Single-Family, detached dwellings.
(i) Single-Family, attached dwellings with two (2) units.
G) Accessory uses.
(k) Public Parks and Recreational Facilities.
(I) Day Care Facilities.
(m) Residential Facilities.
(n) Home Occupations.
417.07 Permitted Conditional Uses.
417.08 Accessory Uses. No accessory structure may be constructed on a parcel without a principal
structure. Accessory structures must have it minimum ofa five (5) foot side yard setback; may (
not exceed ten (10) feet in height; and any accessory building, unless attached to and made a
part of the principal building, shall not be closer than six (6) feet to the main principal, except
as otherwise provided in this subdivision. No structure may be placed in an easement.
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The total area of an attached accessory building (garage) shall be no greater than 1500 square
feet per level. Swimming pools may exceed the size requirements for accessory structures, but
they can not exceed fifty percent (50%) of the rear yard.
No more than two (2) accessory structures are permitted on any single-family, detached
dwelling parcel located in this zoning district.
417.09 Dimensional Rel!Ulations.
Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of less than
7,500 SF or less than 60 feet in width at the building setback line.
Subd.3. Minimum Floor Area. The minimum building size in the R-4 District is 1,050 SF.
All dwellings shall have a minimum width of twenty-four (24) feet at its narrowest
point, with the exception of the M-l District.
Subd.4. Special Requirements of the Zoning District.
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Manufactured homes are permitted in all residential districts if they meet the
design criteria for such districts, as stated in Section 105 Definitions, Subd. 103.
All other manufactured homes shall be located only in designated manufactured
home districts, which meet the requirements of this Ordinance.
No person shall erect, establish, extend or enlarge a manufactured housing
development within the city limits of the City of Centerville without first
submitting a Site Plan for review by the Planning and Zoning Commission and
approval from the City Council. Approval shall be granted only upon
compliance with the following:
1. Compliance with the requiremcnts of the City's Zoning Ordinance
#4;
2. Compliance with the requirements of the City's Ordinance #8,
Regulation the Subdivision and Platting of Land;
3. Compliance with the requirements of the City's Ordinance #3,
Subdivision;
The proposed development must be served by public utilities as approved by the
City Council.
Comer lots shall not have anything erected, placed, planted or allowed to grow
in such a manner as to materially impede sight lines between a height of two and
one-half(2 Y2) and ten (10) feet above the centerline grades of the intersecting
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streets in a triangle bounded by the street of the lot and a line joining points
along the street lines fifty (50) feet from the point of the intersection.
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Subd. 5. Front Yard. The front yard shall have a setback of 15 feet from the front property
line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum width of 10 feet
Subd.7. Rear Yard. The rear yard must have a depth of20 feet.
Section 419 - SINGLE FAMILY, RESIDENTIAL ESTATE (R-5)
419.01 Purpose. The intended purpose of the R-5 is to 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 complementary with and enhance
the community's small town atmosphere.
419.02 Permitted Uses and Structures.
(a) Single-Family, detached dwellings.
(b)
Accessory uses.
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(c) Public Parks and Recreational Facilities.
(d) Day Care Facilities.
(e) Residential Facilities.
(f) Home Occupations. (See Subd.
419.02 Permitted Conditional Uses.
419.03 AccessorvUses.
419.04 Dimensional Regulations.
Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot of less than (
17,500 SF or less than 100 feet in width at the building setback line.
Subd.3. Minimum Floor Area. The minimum building size in the R-5 District is 1,200 SF.
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Subd.4. Special ReQuirements of the Zoning District. Comer lots in any Residential Zoning
District shall not have anything erected, placed, planted or allowed to grow in such a
manner as to materially impede sight lines between a height of two and one-half (2 Yo)
and ten (10) feet above the centerline grades of the intersecting streets in a triangle
bounded by the street of the lot and a line joining points along the street lines fifty (50)
feet from the point of the intersection.
Subd.5. Front Yard. The front yard shall have a setback of35 feet from the front property
line.
Subd. 6. Side Yard. Dwellings must have 2 side yards, each with a minimum width of 10 feet
Subd.7. Rear Yard. The rear yard must have a depth of25 feet.
Section 420 - MIXED USE (M-l)
420.01 Puroose. The intended purpose of the M-I is to provide for the unique layout and character of
a traditional central Business District with retail, professional office, residential and other mixed uses.
420.02
420.03
420.04
Permitted Uses and Structures.
(a) Retail sales conducted within structures, but excluding automobile and
motorized equipment sales, truck stops, gasoline and fuel sales, drive through
restaurants.
(b) Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
(c) Professional and business offices.
(d) Multiple residences and accessory uses.
(e) Accessory apartments.
(f) Theaters and recreational businesses conducted within structures.
(g) Public buildings.
Permitted Conditional Uses.
Accessory Uses.
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(a)
Commercial uses within the M-l District will follow the Commercial guidelines
for required percentages of green spaces. See Section 421, Commercial District
(B-1).
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(b) For all other properties in the M -1 District, the maximum accessory structure
allowed 704 SF and not exceeding the size of the principal structure if an
attached garage does not exist.
(c) Minimum garage size for the M-l District is 240 SF.
420.05
Dimensional Rel!Ulations.
Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty_
five (35) feet without the issuance of a Special Use Permit by the City.
Subd. 2. Area and Width. No dwelling may be constructed or placed on a lot ofless than
7,500 SF or less than 50 feet in width at the building setback line.
Subd. 3. Minimum Floor Area The minimum building size in the M-l District for residential
uses is 1,050 SF and for commercial uses is 1,000 SF.
Subd.4. Soecial Requirements of the Zoning District. Comer lots in any Residential Zoning C
District shall not have anything erected, placed, planted or allowed to grow in such a
manner as to materially impede sight lines between a height of two and one-half (2 \1,)
and ten (10) feet above the centerline grades of the intersecting streets in a triangle
bounded by the street of the lot and a line joining points along the street lines fifty (50)
feet from the point of the intersection.
Subd. 5. Front Yard. See Section XX, Zero Lot Line.
Subd. 6. Side Yard. See Section XX, Zero Lot Line.
Subd. 7. Rear Yard. See Section XX, Zero Lot Line.
Section 421- COMMERCIAL DISTRICT (B-1)
420.01 Purpose. The intended purpose of the Commercial District, B-1, is to provide opportunities for
retail and service business uses which require larger development sites, highway visibility or highway
access. The following minimum requirements, as set forth, shall apply to all buildings that may be
erected, converted or structurally altered in the B-1 Zoning District.
420.02
Permitted Uses and Structures.
a)
Retail sales conducted within structures, but excluding automobile and
motorized equipment sales, truck stops, gasoline and fuel sales, drive through
restaurants.
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b.) Repair and service conducted within structures, but excluding automobile and
motorized equipment repair.
c.) Professional and business offices.
d.) Multiple residences and accessory uses.
e.) Accessory apartments.
f.) Theaters and recreational businesses conducted within structures.
g.) Public buildings.
420.03
Permitted Conditional Uses.
420.04
Accessory Uses.
(a) Commercial uses within the M-l District will follow the Commercial guidelines
for required percentages of green spaces. See Section 421, Commercial District
(B-1).
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420.05
Dimensional Re~ations.
Subd. 1. Height. No structures or other buildings may be erected to a height exceeding thirty-
five (35) feet without the issuance of a Special Use Permit by the City.
Subd. 2. Area and Width. No structure may be constructed or placed on a lot of less than
20,000 SF or less than 150 feet in width at the building setback line.
Subd. 3. Minimum Floor Area. The minimum building size in the B-1 District for commercial
uses is 1,000 SF.
Subd.4. Special Requirements of the Zoning District.
a)
Outside Storage. Storage of products, materials and equipment, excluding
rubbish or junk, which is necessary to an approved business operation in a
Commercial District, and which is completely screened from adjoining
properties and rights-of-way. Permitted outside storage, required surfacing for
outside storage and screening of the items to be stored outside will be
considered at a Site Plan Review hearing before the Planning and Zoning and
the City Council.
(
Outside display of vehicles, equipment and merchandise for direct sale to
consumers when such outside display is customary and necessary to the business
and is a permitted use within the zoning district.
b.)
Off Street Parking.
29
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I.
Minimum space for a single vehicle shall be nine (9) feet by eighteen
(I 8) feet.
(
2. Off-street parking shall be surfaced with asphalt or concrete, and with
permanent concrete curbs to define driveways and parking limits. Plans
and specifications for parking areas shall be reviewed by the Rice Creek
Watershed, and approved by the City. Approval from the City will occur
only after completion of the site plan review process, which requires a
hearing before the Planning and Zoning Commission and the City
Council.
3. There shall be no off-street parking within five (5) feet from any street
right-of-way nor five (5) feet from any other lot line.
4.
See also Section
,Subd.
Subd.5. Front Yard. The front yard shall have a minimum setback of30 feet from the front
properly line.
Subd. 6. Side Yard. Each side yard shall have a minimum setback of 20 feet from the side (.
property line.
Subd.7. Rear Yard. The rear yard shall have a minimum setback of30 feet from the front
properly line.
Subd. 8. Commercial Exterior Building 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.
c.) Site conditions limit public exposure to certain exterior surfaces where
masonry products are not proposed.
d;)
An exterior wall may be tem.porary and a future expansion area of a
structure and be subject to removal or redesign as an interior wall.
(
30
. '.
( Buildings are required to have contrasting architectural features and must be designed to be
aesthetically pleasing.
Section 42X - GENERAL REGULATIONS
421.01 Lot Requirements.
Subd. 1. Yards. The minimum depth of front yards, rear yards and side yards for
each Zoning District shall be defined in the Schedule of Regulations and
conform to the following additional regulations:
e.) All structures, whether attached to the principal structure or not, and whether
open or enclosed, including porches, carports, balconies or platforms about
normal grade level shall not project into any minimum front, side, or rear
yard; and
f.) Lots which abut on more than one (1) street shall provide the required front
yards along each street for the principal structure. Side yard setbacks for an
accessory structure will apply to the frontage that is not considered to be the
required front yard; and
(
g.) 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
offifty (50) feet; and
d.) The minimum side and rear yard depths for structures of the following non-
residential uses which abut any lot in any Residential District shall be:
1.) Twenty (20) feet for each side yard and rear yard for off-street
parking spaces and access drives for non-residential uses; and
2.) Forty (40) feet for each side yard and rear yard for Churches,
schools and public or semi-public structures; and
3.) Sixty (60) feet for each side yard and rear yard for recreation
facilities, entertainment facilities, all business uses and all
industrial uses.
421.02 Encroachment in Yards. The following are permitted encroachments in yards:
a) Cornices, canopies or eaves may extend into the required front yard a distance
no to exceed 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
31
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higher than the entrance floor of the building. An open railing no higher than
three (3) feet may be placed around such place;
(
c.) The above-referenced architectural features may also extend into any side or rear
yard to the same extent, except that no porch, terrace, or outside stairway shall
extend 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 situation 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 comer lot in any Residential Zoning District, nothing shall be erected,
placed, planted or allowed to grow in such a manner as materially to impede the
sight lines between a height of two and one-half (2 Yz) and ten (l0) feet above
the centerline grades of the intersecting streets in a triangle bounded by the
street of the lot and a line joining points along the street lines fifty (50) feet from
the point of the intersection.
421.03 Accessory Buildings/Structures.
Subd. 1.
Subd. 2.
Subd.3.
Subd. 4.
!
I
I
L~_~_
In Yards. No detached accessory building may be constructed on a
parcel without a principal structure and cannot be located within any
yard other than the rear yard or the side yard.
(
,
Minimum Setbacks. No accessory building or any eave or other portion
of any accessory building may be located within five (5) feet of either
side property line or ten (10) feet of the rear property line, except in the
M-I Zoning District.
Setback from Principal Structure. Unless attached to and made a part of
the principal structure, no eave or other portion of an accessory building
may be closer than six (6) feet to the principal structure, except as
otherwise provided for in this section.
No more than two (2) accessory structures are permitted on any Single-
Family, detached dwelling parcel located in any residential zoning
district, except R -1.
No accessory structure may be placed in any easement.
Design. All accessory buildings constructed after the construction of the
principal structure must be designed and constructed in a manner
consistent with the design and general appearance of the principal
structure. The side walls of an accessory building may not exceed ten
(10) feet in height
The combined aggregate square footage of an accessory structure may
not exceed two hundred (200) square feet or two percent (2%) of the lot
area, whichever is greater, except in the M-l and R-4 Zoning Districts.
(
32
, '.
(
Subd.5
Accessory Buildings Attached. If an accessory building is .attached to
the principal structure, it will be considered a part of the principal
structure and must comply with all setbacks and other requirements
applicable to the principal structure.
The total area of an attached accessory building (garage) shall be no
greater than 1500 square feet per level.
421.04 Zero Lot Lines. In new residential subdivisions in M-I, 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. Other
appropriate setbacks apply.
421.05 Excess Height Permit. Upon securing a Special Use Permit, any building may be
erected toa height exceeding that specified for the respective Zoning District
providing:
a) The front, rear and side yards shall be increased on (I) foot for each one
(I) foot by which the building exceeds the height limit established for
that particular Zoning District; and
(
b.)
The structure is any of the following: television and radio towers,
church towers, 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 shalI be used for sleeping or
eating quarters, or for any commercial purpose except one (I) incidental
to the permitted uses of the main building.
421.06 Swimminl! Pools. Swimming pools are defined as any structure, basing chamber or
tank, used for swimming or bathing, over 24 inches in depth, and that is constructed
about or below ground. Swimming pools may exceed the size requirements for
accessory structures as described in this section, but they cannot exceed fifty percent
(50%) of the rear yard.
Subd. 1.
Subd. 2.
(
With Rel!ard to Easements. No part of a swimming pool may be located
within any private or public utility, workway, drainage, or other
easement.
With Rel!ard to Lot Lines. No part of a swimming pool may be located
within five (5) feet of the side yard property line or within ten (10) feet
of the rear yard property line or within 75 feet from the natural high
water elevation of a lake.
No swimming pool may be located in a front yard.
33
Subd.3.
Subd. 4.
Subd. 5.
Subd. 6.
, . \ .
The filter unit, pump, heating unit and any other mechanical equipment (-
must be at lease 25 feet from any neighboring residential structure, at
least ten (10) feet from any side yard property line, and at least 75 feet
from the natural high water elevation of a lake.
Safety Requirements. Safety precautions must be at a minimum to
comply with the following:
(a) All pools must be provided with safeguards to prevent children from
gaining uncontrollable access. Safeguards must include a fence at
least six (6) feet in height designed to reasonable prevent
uncontrolled aCcess by children.
(b) All fence openings or points of entry into the pool area enclosure
must be equipped with a gate, and all gates must be equipped with
self-latching devices placed so as to be inaccessible to small children.
The gates must be locked at all times when the pool is not in direct
use.
Lillhting. Lighting used in connection with swinnning pools must be
adjusted in a manner as not to interfere with the reasonable use of
adjacent property.
c
Permits. No permit will be issued unless it meets the requirements of
this Section. No permit will be issued until the Building Inspector is
satisfied that the proposed swinnning 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.
Inspection. The Building Inspector is authorized to conduct any
inspections necessary to ensure compliance with all provisions of this
Section and has the right of entry at any reasonable hour to the
swinnning pool for this purpose.
421.07 Fences. 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 building and
bushes, hedges, trees and other living landscaping.
Subd. 1.
Subd. 2.
Fence Permit Required. A fence 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 for review;
c
Location Requirements. Any fence constructed or altered must be
located entirely upon the private property of the owner to whom the
34
. I. .
(
Subd. 3.
Subd. 4.
(
Subd.5.
Subd. 6.
Subd. 7.
Subd. 8.
(
l. . _
fence permit was issued. 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.
Fence Size. No residential fence shall be over six (6) feet in height, and
no residential fence in a front yard shall be over four (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 six (6) foot fence is permitted.
Decorative Fence. As used in this Section. a decorative fence means a
wooden vertical post and wooden horizontal rail fencing with no more
than three (3) rails or wood picket style fence with at least two (2) inches
of open space between each picket.
Decorative fences in the front yard may not exceed 36 inches.
Swimming Pool Fencing. Private swimming pools with water depths in
excess of 24 inches are to be permanently fenced so as to comply with
the fencing requirements of Section 421.04, Subd. 3, Safety
Requirements.
Snow-Stop Fencing. Snow-stop fencing may be used from November I
to April! and will not require a permit.
Electric and Barbed Wire Fence. Electric fences, hog wire fencing,
barbed wire fencing, and similar fencing will be allowed only in the R-!
Zoning District.
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 post 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.
35
421.08
. . \ .
(
Subd. 9.
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.
Parkin!! Requirements. The following demonstrates the minimmn nmnber of
parking spaces required for various uses permitted in the City. The City may modify
minimmn parking requirements in the M-I Zoning District, as part of the Site Plan
Approval process, if it is determined that the use is consistent with the purpose of the
District and street parking is sufficient to accommodate the use.
Subd. 1.
All property in the City must comply with the following on-site parking
requirements.
a) Parking spaces must be at least 9 feet by 18 feet and those in B-1,
I and commercial uses in the M-I must be clearly marked and
outlined.
b.) All vehicles parked OD any lot in any Zoning District must be
parked on a surface paved with asphalt or bituminous material,
concrete, cement, brick, or other paved surface.
c.)
(
"
Any vehicle without current state registration must be parked in a
garage or other building.
d.) Minimmn nmnber of spaces:
1. Residential units must have at lease 2 parking spaces per
unit.
2. Churches, theaters, restaurants must have a nmnber of
parking spaces which is not less than 1 parking space per
3 seats.
3. Schools must have I parking space per classroom plus 1
parking space per 3 seats in the largest assembly.
4. Office units must have 5 parking spaces per 1,000 SF of
gross floor space.
5. Retail units must have 6 parking spaces per 1,000 SF of
gross floor space.
6. Convenience stores must have 7 parking spaces per 1,000
SF of gross floor area
7.
I
\
General services units must have 4 parking spaces per
1,000 SF of gross floor area.
36
. !) (
(
8.
Trade business, manufacturing, and other industrial uses
must have 3 parking spaces per 1,000 SF of gross floor
area.
9. Car wash businesses must have 5 stacking spaces per bay.
10. Drive -Up Restaurants must have 5 stacking spaces plus 1
parking space per 3 seats.
e.) 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.
f.) No parking area or spaces used or designated in counection 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 as required under this Ordinance.
g.) Minimum requirements for off-street loading shall include:
(
(
1.
No building shall be hereafter erected, substantially
altered, or its use changed unless off-street parking and
loading spaces have been provided for in accordance with
the provisions of this Ordinance.
2. A loading space shall have a minimum dimension of not
less than twelve (12) feet in width, fifty (50) feet in
length, exclusive of driveways, aisles, and other
circulation areas.
3. One (1) off-street loading space shall be provided and
maintained on the same lot for each co=ercial and/or
industrial use requiring regular delivery of goods and
having a modified gross floor area of more than ten
thousand (10,000) SF.
4.
One (1) loading space shall be provided for each
additional twenty-five thousand (25,000) SF or a fraction
thereof. When an application of the standards of this
Ordinance with respect to the number of off-street parking
spaces results in the need to provide a fraction of one (1)
space, any fraction of one-half ( Y. ) or less shall. be
disregarded and any other fraction shall be construed as
one (1).
5. No off-street loading space shall be located in any yard
- adjoining any residential use.
l_m_______
37
, I I .
(
6. Required off-street loading space shall not be included as
off-street parking space in computing the required off-
street parking space.
7 . Vehicles utilizing such loading space shall not project into
the public right-of-way.
h) Parking areas consisting of five (5) 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 vebicle may be parked and
unparked without moving another.
i) When an application of the standards of this
Ordinance with respect to the number of off-street parking
spaces results in the need to provide a fraction of one (1)
space, any fraction of one-half ( 'h ) or less shall be
disregarded and any other fraction shall be construed as
one (1).
j. Required parking and loading spaces, together with driveways, C
aisles and other circulation areas, shall be improved in such a
way as to provide a durable and dust-free surface. The property
owner of any parking or loading area shall maintain the area in
good condition without holes and free of all trash, dust, and other
debris.
k. 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.
1. AIl off-street parking areas shall have access from driveways
rather than from public streets. Driveway access shall be limited
to twenty-four (24) foot width at the street line.
(
38
" J, f
November 2], 2003
Centerville Planning and Zooing Commission
To Whom It May Concern:
My wife and I muld like to request that you seriously consider a cl1ange in the ordinance governing the
height ofa fence for a swimm;ngpooJ. Specifically, the six-fuot height requirement seems to be
inappropriate. Six teet is fine fur people mw require privacy fur the pool, but I believe building a fence
this taIl should be at the owner's option or discretiro.
In researching a few of the local city ordinances, I quickly fOlmd a dozen cities in the Metro area that
require a minimum 4-fuot fence height I could not find one other city ordinance, besides Centerville, that
requires a mm;mnm fence height as high as six teet taIJ. Also, I installed a pool and a fence approximately
4 years ago on my property. At that time, Centaville's ordinance was also a 4-fuot fence height. Now, 4-
years later I am in a situation where I have upgraded my pool, and under current code I will need to remove
my 4- foot fence and replace it with a 6-foot fence. Expensive, but that's not really the issue.
I think the issue is safety, but let me discuss. We have very few children in our neighborhood, and even if
we did I feel a 4-foot fence would be sufficient to eliminate any danger to small cllildren. An older cllild
would have no problem climbing the 4-foot or the 6-fuot fence. I am unclear of whom I am keeping out
with the extra tm feet in height, or how this would help to elim;n~te any danger associated with pools and
water. As I said earlier, a6-fuot fence should be installed at the owner's discretion, if they preferred a
more private surrounding for their pool area, but I see no safety value in the extra fence height
Try to consider this from my point ofview. I have a few hundred acres ofIake less than 100 yards from
my house across the street (peltier Lake) and I have a huge pond less than 100 yards to the back of my
house. It seems odd to be fencing our little pool ofwater in my hack yard, when the open, unfenced, water
is all arOinld us. We are requesting that you return the minimUlIl fence height for swimming pools back
down to four teet.
Thank yon fur your considering this matter and I look forward to attending a future Planning and Zooing
meeting to discuss this issue with you.
~
C . ojiher and Tina Brown
1618 Peltier Lake Drive
Centerville, MN 55038
(65])7484367 (Work)
(65])653-3702 (Home)
. '.
CITY OF CENTERVILLE
PLANNING AND WNING COMMISSION
NOVEMBER 3,2003
Pursuant to due call and notice thereot: the Planning and Zoning Commission held their regularly
scheduled meeting on November 3, 2003, at 6:30 p. m.
PRESENT:
Chairperson Brian Hanson r:1l
Commissioner John McLean Cl W
Commissioner Jennefer Klennert Hunt ~ ~rQ)~@W@
Commissioner Michelle Lakso f\Jl@ . /J 0 If
Commissioner David Kilian [j\J 0
Commissioners Ray DeVine & Tom Wilharber
ABSENT:
COUNCIL:
Council Member Broussard Vickers
STAFF:
Ms. Moore-Sykes, City Administrator
L CALL TO ORDER
I. Roll Call
The meeting was called to order at 6:40 p.m.
n. PUBLIC HEARING(S)
None.
m. APPEARANCES
None.
IV. OLD BUSINESS
None.
V. NEW BUSINESS
1. Proposed Revised Ordinance #4 Format
Chair Hanson asked whether the swimming pool information would be located in one section of
the Code or in each section. Ms. Moore-Sykes indicated that the swimming pool information
would be added to each section.
Page 1 of5
" ' ~ III
City of Centerville
Planning and Zoning Commission
November 3, 2003 Meeting Minutes
Ms. Moore-Sykes asked for clarification on Page five concerning side yard or rear yard.
Council Liaison Broussard Vickers indicated the intent is that it is both.
Ms. Moore-Sykes indicated that in Subdivision 90 under definitions there needed to be a
definition of comer lot.
Council Liaison Broussard Vickers indicated that the last time Ordinance #4 was revised there
was a drive to streamline or simplify it and the City Attorney has indicated in the past that unless
a term is specifically referred to he would prefer there is no definition of it.
Chair Hanson indicated he would like to define R-l intensive commercial agricultural uses.
-Ms. Moore-Sykes indicated she had spoken to Hugo on the slaughterhouse issues and they
. recommend following the ordinance because the ordinance, as written, does not allow
slaughterhouses.
Commissioner Kilian asked whether the City could change the ordinance to keep the
slaughterhouse use out without getting into trouble.
Council Liaison Broussard Vickers indicated that this is a comprehensive rewording and defining
of the ordinance, not just one change. She then noted that the ordinance already covers intensive
commercial agricultural uses which a slaughterhouse would fall under.
Commissioner Klennert Hunt asked why the date of enactment had not changed.
Ms. Moore-Sykes indicated that the date of enactment was the last date the ordinance was
amended.
Commissioner Klennert Hunt questioned the wording in Section 400.6 as it seems to suggest that
no pennit is necessary if you comply with the ordinance.
Council Liaison Broussard Vickers suggested changing the wording to unless specifically
excluded in Ordinance #4.
Commissioner Klennert Hunt indicated that the word beans should be beams in Subdivision 10.
Commissioner Klennert Hunt indicated that the definition of apartment building includes
duplexes and asked whether that was the intent.
Ms. Moore-Sykes indicated she would further review that section and noted that the City does
require licenses for apartments and would need to change the fee schedule to match the wording
of the ordinance.
Page 2 of 5
~.. ~ it. ,
City of Centerville
Plaming and Zoning Commission
November 3, 2003 Meeting Minutes
Commissioner Klennert Hunt asked whether the definitions of automobile service station and
motor fuel station were the same and if one could be deleted.
The Commission asked Staff to combine the definitions of 17 with 106 and use motor vehicle
rather than automobile.
Council Liaison Broussard Vickers indicated there is no board of appeals and adjustments and
she would like the ordinance to refer to Council.
Commissioner Kilian asked whether the clinic definition should include chiropractors.
Ms. Moore-Sykes suggested adding health care provider.
Commissioner Klennei1 Hunt asked Staff to confirm that the definition of freestanding sign is the
same as it is in the sign ordinance.
Commissioner Klennert Hunt indicated that 75 should be dwelling.
Commissioner Klennert Hunt questioned whether a transfer station would be allowed under 82.
The Commission indicated that the City did not need to worry about that as a transfer station is
not an allowed use.
Commissioner Klennert Hunt asked for a definition of a flag lot.
Commissioner Lakso indicated that 79 was not quite finished.
Council Liaison Broussard Vickers asked Staff to check the parking requirement in 115 to make
sure the size matches the City's commercial requirements.
The Commission asked for a definition of principal structure in commercial and residential.
Commissioner Kilian indicated the definition concerning street access did not make sense.
Council Liaison Broussard Vickers suggested changing the wording to which affords the
principal means of accessing the property.
Council Liaison Broussard Vickers indicated that PUD was not in the ordinance.
Ms. Moore-Sykes indicated she would be adding it.
The Commission indicated that Section 410.04 side or rear yard depths should match the other
side and rear yard definitions.
Council Liaison Broussard Vickers suggested that there be one swimming pool section.
Page 3 of5
l_ _ _____un _
~ i t.'4
City of Centerv:ille
Planning and Zoning Cvmmission
November 3, 2003 Meeting Minutes
Ms. Moore-Sykes indicated that Staff has a hard time when all of the wording is not in the
section as it makes the code very difficult to use.
The Commission discussed swimming pools and determined that they should be defined as an
W accessory structure and governed that way under the Code.
J Council Liaison Broussard Vickers suggested defining principal building structure.
\], ,~~. Moore-Sykes suggested removing the R-l definitions making any of those properties
a existing non-conforming uses.
Council Liaison Broussard Vickers indicated that she has one of the only rnraI residential parcels
and that would mean she could not rebuild in the event of fire or other disaster.
Ms. Moore-Sykes asked if the Commission approved of the swimming pool language.
The Commission agreed that the rules for swimming pools would be the same as for accessory
structures but asked Staff to come up with a fact sheet to hand out to residents concerning noise
generated from pool pumps and the fact that the pool may have to be moved if it disturbs the
neighbors.
Council Liaison Broussard Vickers indicated she did not mind the suggested new format if it
assists Staff. She then recommended an index.
Ms. Moore-Sykes indicated that she would continue to work on Ordinance #4 and provided it to
the Commission for further consideration.
VL DISCUSSION ITEMS
None.
vn. CONSIDERATION OF MINUTES
L October 7. 2003, Planning and Zoning Meeting Minutes
Motion bv Commissioner Kilian. seconded bv Commissioner Lakso to auurove the
Minutes of October 7. 2003. as uresented. AIl in favor. Motion carried
unanimouslv.
Commissioner McLean abstained from voting.
Page 4 of 5
.....,. I
City of Centerville
Planning and Zoning Commission
November 3, 2003 ~Minutes
VIII. ADJOURNMENT
Motion by Commissioner Kilian. seconded by Commissioner Klennert Hunt to
adiourn the November 3. 2003 Plannin2 Commission Meetin2 at 8:13 n.m. All in
favor. Motion carried unanimously.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 5 of5
l______
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November 21, 2003
Centerville Planning and Zoning Commissioo
To Whom It May Coocem:
My wife and I would like to request that you seriously c()IlSider a change in the ordinance governing the
height of a fence for a swimming pool. Specifically, the six-foot height requirement seems to be
inappropriate. Six teet is fine for people \WO require privacy for the pool, but I believe building a funce
this tall should be at the owner's optioo or discretion.
In researching a few of the local city ordinances, I quickly found a dozeo cities in the Metro area that
require a minimmn 4- foot fence height. I could not find one other city ordinance, besides Centerville, that
requires a minimmn fence height as high as six feet tall. Also, I installed a pool and a fence approximately
4 years ago 00 my property. At that time, Centerville's ordinance was also a4-foot fence height. Now, 4-
years later I am in a situation \Were I have upgraded my pool, and under current code I will need to remove
my 4- foot fence and replace it with a 6-foo1 fence. Expensive, but that's not really the issue.
I think the issue is safety, but let me discuss. We have very few children in our neighborhood, and even if
we did I feel a 4-foot fence would be sufficient to eliminate any danger to small children. An older child
would have no problem climbing the 4-foo1 or the 6-foot fence. I am unclear of \Worn I am keeping out
with the extra two feet in height, or how tWs would help to eliminate any danger associated with pools and
water. As I said earlier, a 6-foo1 fence should be installed at the owner's discretion, if they preferred a
more private surrounding for their pool area, but I see no safety value in the extra fence height.
Try to consider tWs from my point of view. I have a few hundred acres of lake less than 100 yards from
my house across the street (peltier Lake) and I have a huge pond less than 100 yards to the back of my
house. It seems odd to be fencing our little pool of water in my back yard, \Wen the open, unfenced, water
is all arOlmd us. We are requesting that you return me minimmn fence height for swimming pools back
down to four feet.
Thank you for your c()IlSidering tWs matter and I look forward to attending a future Planning and Zoning
meeting to discuss tWs issue with you.
~~
. stopher and Tina Brown
1618 Peltier Lake Drive
Centerville, MN 55038
(651)748-4367 (Work)
(651)653-3702 (Home)
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