HomeMy WebLinkAbout2003-11-03 P & Z Agenda
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
MONDAY, NOVEMBER 3, 2003
6:30 p.m.
I. CALL TO ORDER
L Roll Call
IT. PUBLIC HEARING (8)
m. APPEARANCES
IV. OLD BUSINESS
V. NEW BUSINESS
I. Proposed Revised Ordinance #4 Format
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
L October 7, 2003 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
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'EstaGikihed 1857
STAFF REpORT
DATE:
October 31,2003
TO:
Honorable Planning and Zoning Chair and Commissioners
FROM:
Kim Moore-Sykes, City Administrator
"1,0
Proposed Revised Ordinance #4 Format li i Vv
RE:
.........................................................................
Attached is a copy of a proposed reformatted Ordinance #4. The intent is to make
Ordinance #4 easier to read, find information and use. As another part of the project, and
not necessarily included in this copy, staff will also include proposed changes to the
language of Ordinance #4, i.e., fences, accessory buildings.
The highlighted areas are basically added language or redrafted language intended to
clarify Ordinance #4.
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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 ofland and structures. In addition, this
Ordinance will:
. Protect and promote the natural resources of the City.
. 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 of land 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, Plarming and Zoning
Commission and the Board of Adjustments and Appeals relating to this Ordinance.
400.3 Scope. The use of all property within the geographic jurisdiction of the City of CenterviJIe
must comply with Ordinance #4. Any building, structure, or use lawfully in existence as of
August 23,2000 and continuing to lawfully exist to the date of the adoption of OrqilIance #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 XXX.
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400.4 Inte1l'retation 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 res1rictions 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 res1rictions 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.
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 Required. Except as provided in Ordinance #4, no building, structure, or premises may
be erected, constructed, reconstructed, converted, enlarged, altered, moved, used or occupied
unless an appropriate building permit has been issued by the City or it is in compliance with
Ordinance #4.
400.7 Uses Not Specified. If a use is not specifically permitted, permitted by special use permit, or
prohibited, then the use will be considered prohibited.
400.8 Severabilitv. 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 Repeal. 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 of Centerville' 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 shaIl 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 Building Code. The Minnesota Building Code, established pursuant to Minnesota
Statutes l6B.59 through l6B.75 is
Section 405 - DEFINITIONS
405.01 Definitions. For the purposes of this Ordinance, words and terms contained herein wiIl have
the foIlowing meanings. Words and terms not included in this Section shaIl have the
meanings as defined in Minnesota State Statutes. Other words and terms no so defined shaIl
have the meaning customarily associated with them.
Subd. 1. Abandonment. Te 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. Abutting. Having a common border with, or being separated from such a
common border by a right-of-way, aIley or easement.
Subd.3. Accessory Building. A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental and accessory to that of the
principal structure.
Subd. 4.
Accessory Use. A use incidental to, and on the same lot as, a principal use.
Subd.5.
Addition. Part ofa 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 of land for agriculture purposes, including farming,
dairying, pasturage, agricultural, horticulture, floriculture, viticulture, and animal/poultry
husbandry and the necessary accessory uses for packing, treating or storing the produce;
provided, however, the operation of any such accessory uses shall be secondary to that of
normal agricultural activities.
Subd. 8. AIIev. A public or private way pennanently reserved as a secondary means of
access to abutting property.
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, beans, or girders; provided, however, the
application of any exterior siding to an existing building for the purpose of beautifying and
modernizing shall not be considered a structural alteration.
Subd. 11. 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 two or
more apartments.
Subd. 15. Area Identification Sign. A freestanding sign which identifies the name of a
residential subdivision, commercial or industrial development. See Subd. 72, Freestanding
fugn,
Subd. 16. Auto Repair. Rebuilding, reconditioning, reconstructing, repairing or replacing
worn or damaged motor vehicle parts.
Subd. 17. Automobile Service Station. Premises used to dispense, sell or install
automobile fuel, oil, tires, batteries or accessories or to wash automobiles.
Subd. 18. Balcony. 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 of a 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. Board. The Board of Appeals and Adjustments for the City ofCenterviIIe.
Subd. 22. Boathouse. A structure designed and used solely for the storage of boats or
boating equipment.
Subd.23. Boulevard. That part of the public right-of-way located between the curb line
and the property line.
.
Subd. 24. Buffer. The use of land, topography, space, fences or landscaping plantings to
screen or partially screen a lot from another lot.
Subd. 25. Building. Any structure having a roof which may provide shelter or enclosure
of persons, animal or chattel. When said structure is divided by party walls without openings,
each portion of such building so separated shall be deemed a separate building.
Subd. 26. Buildable Area. The space remaining on a lot after minimum yard and open
space requirements have been met that a building may be constructed.
Subd.27. Building Coverage. See Subd. XX, Lot Coverage.
Subd. 28. Building Height. The vertical distance measured from the elevation of the lot
grade at the building setback line, to the top of the cornice of a flat roof, to the
top of a mansard roof, to a point on the roof directly about the highest wall of a
shed roof, to the uppermost point on a round or other arch type roof, to the
average distance of the highest gable on a pitched or hip roof.
Subd. 29. Building Line. The line, parallel to the street line that passes through the point
of the principal building nearest the front lot line.
Subd. 30. Building, Principal. See Subd. XX, Principal Structure.
Subd. 31. Building Setback. The distance between a building and a given lot line.
Subd. 32. Business Area. Any business activity, which renders service to other
commercial or industrial enterprises.
Subd.33. Certificate of Occupancy. A document issued by the Building Official/Inspector
of the City upon satisfactory final inspection of dwelling unites) or commercial
building( s).
Subd.34. City Councilor Council. The City Council of the City ofCenterville.
Subd. 35. Clear Cutting. The indiscriminate removal oftrees, shrubs, or undergrowth with
the intention of preparing real property for non-agricultural development
purposes. This definition shall not include the selective removal of non-native
tree and shrub species when the soil is left relatively undisturbed, removal of
dead trees or normal mowing operations.
Subd. 36. Clinic. Any establishment where human patients are examined and treated by
doctors or dentists but not hospitalized overnight.
Subd.37. Club. Any establishment operated for social, recreational, or educational
purposes but open only to members and not the general public.
Subd.38. Cluster Housing. The grouping of single-family dwellings within specified
areas while maintaining the same overall allowable density in that same area.
1-
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Subd.39. Commercial Use. An occupation, employment, or enterprise that is carried on
for profit by the owner, lessee, or licensee.
Subd. 40. Commission. The Planning and Zoning Commission of the City ofCenterville.
Subd. 41. Commissioner. A member of the Planning and Zoning Commission.
Subd. 42. 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.43. 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. 44. 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.
Subd.45. Condominium. Property to be owned and conveyed in accordance with the
Condominium Act, Minnesota Statutes, Chapter 515.
Subd.46. 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.47. Coverage. That portion of a lot covered by principal and accessory use
structures.
Subd. 48. Cui de Sac. A local street, one end of which is closed and consists of a circular
turn around.
Subd.49. Dav Care Facilities. A state licensed day care facility, as defined in Minnesota
Statutes, Chapter 462.
Subd. 50. 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. 51. Densitv. The number of dwelling units permitted per net acre of land.
Subd. 52. Development. All structures and other modifications of the natural landscape
above and below ground or water, on a particular site.
Subd.53. District. See Subd. XX, Zone.
Subd.54. 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. 55. Dwelling. A building or portion thereof, that provides living facilities for one or
more families.
Subd. 56. 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.57. Dwelling, Seasonal. A dwelling not used for permanent residence and not
occupied for more than six (6) months in each year.
Subd.58. Dwelling, Single-Familv, Attached (Group, Rowand Townhouses). One (1) of
two (2) or more residential buildings having a common or a party wall
separating dwelling units.
Subd. 59. Dwelling, Single-Familv, Detached. A residential building containing not more
than one (I) dwelling unit entirely surrounded by open space on the same lot.
Subd. 60. Dwelling, Two-Familv. A building used exclusively for occupancy by two (2)
families living independently of each other.
Subd.61. Dwelling Unit. One (I) or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one (I) family with
separate toilets and facilities for cooking and sleeping.
Subd. 62. 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. 63. Essential Services. Public and private utilities required by the resident and
working population.
Subd. 64. Facade. The exterior wall of a building exposed to a public view or that wall
viewed by persons not within the building.
Subd.65. 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. 66. Fence. Any artificially constructed barrier of any material or combination of
materials erected to enclose or screen areas of land.
Subd.67. Flood Plain. Flood plain or flood-prone area means any land area susceptible of
being inundated by water from any source.
Subd. 68. Floodwav. The channel of a river or other watercourse and the adjacent land
areas that must be reserved in order to discharge the 100-year flood without
cumulatively increasing the water surface elevation more than one foot at any
point.
Subd.69. 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. 70. 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.71. 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. 72. 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.
Subd. 73. 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.
Subd.74. 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.
Subd. 75. Garage Sale. Any display of items for sale in a swelling, garage or yard on
property used primarily as a residence.
Subd. 76. Glare. A sensation of brightness within the visual field that causes annoyance,
discomfort, or loss in visual performance and visibility.
Subd. 77. Grade. The lowest point of elevation of the finished surface of the ground,
paving or sidewalk within the area between the building and the property line, or
when the property line is more than five (5) feet from the building, between the
building and a line five (5) feet from the building.
Subd. 78. Home OccuDation. An occupation or professional activity or use that is clearly a
customary, incidental, and secondary use of a residential dwelling unit and
which does not alter the exterior of the property or affect the residential
character of the neighborhood. 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
b.) All business activities and storage shall take place within the
structure; and
c.) There shall be no alteration to the exterior of the residential
dwelling, accessory building or yard that in any way alters the
residential character of the premises; and
d.) 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. 79. Hotel. A commercial building occupied as more of/ess temporary abiding place
of individuals who are lodged with or without
Subd. 80. Impervious Surface. Any material that substantially reduces or prevents the
infiltration of storm water into previously undeveloped land. Impervious
surfaces shall include graveled driveways and parking areas.
Subd. 81. Industrial Park. A planned, coordinated development of a tract of land 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.
Subd.82. Junk Yard. 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 of fill 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. Landscaping. The aesthetic improvement of land by the arrangement of
plantings and/or decorative features such as fences and walls.
Subd.87. 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.
Subd. 88. Lot. A platted parcel of land intended to be separately owned, developed, and
otherwise used as permitted in the Zoning Ordinance.
Subd. 89. 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.
Subd. 90. Lot. Corner. A lot situated at the junction of and abutting on two or more
intersecting streets. On a corner lot, the street address or narrowest street
dimension of the street shall be considered the Front Yard. The other street
frontage will be considered a Front Yard for principal structure setbacks and a
side yard for the purpose for calculating setbacks for accessory structures.
CONFUSING!!!!!!!!!!
Subd. 91. 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.
Subd. 92. Lot Depth. The average horizontal distance between the front and rear lot lines.
Subd. 93. Lot. Interior. Any lot other than a corner lot.
Subd. 94. Lot Line. A line dividing one lot from another lot or from a street or alley.
Subd. 95. Lot Line. Front. On an interior lot, the lot line abutting a street; or, on a corner
lot, the lot lines abutting a street; or, on a through lot, the lot line abutting the
street providing the primary access to the lot; or, on a flag lot, the interior lot
line most parallel to and nearest the street from which access is obtained.
Subd. 96. 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. 97. Lot Line. Side. Any lot line not a front or rear lot line.
Subd. 98. Lot. Minimum Area of. The measurements of a lot computed exclusive of any
portion of the right-of-way of any public thoroughfare.
Subd.99. 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 I, 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:.) 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
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. 100
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
Subd. 101.
Subd. 102.
Subd. 103.
Subd. 104.
Subd. 105.
Subd. 106.
Subd.107.
Subd. 108.
such lot or parcel was recorded as a legally created lot on the effective date of the
Ordinance codified in this title.
Lot. Through. A lot having its front and rear yards each abutting on a street.
Lot. Width. The horizontal average distance between side lots lines, measured at the
required front setback line.
Manufactured Housing. Single-family detached housing that is built to the National
Manufactured Housing Construction and Safety Standards 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.)
Mineral Extraction. The extraction of soil, sand, gravel, rock or other such material
from the land.
Motor Vehicle. A self-propelled vehicle for personal or business use as defined in
Minnesota Statutes 169.01.
Motor Fuel Station. An establishment where gasoline, diesel, kerosene, motor oil and
lubricants are sold or used in servicing motor vehicles and where usual motor vehicle
repairs and services are performed.
Non-Conforming Structure or Use. A structure or use lawfully in existence 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 oftwelve (12) months. Further use ofthe
structure or property must conform to this Ordinance; and
c.) If a non-conforming use is replaced by another use, the new use shall
conform to this Ordinance; and
d.) If a non-conforming use or structure is damaged by any cause to the
extent that repair or replacement costs exceed fifty percent (50%) of the
market value, the use or structure may not be replaced or repaired except
in conformity with this Ordinance; and
e.) Normal maintenance of a non-conforming structure is permitted,
including necessary non-structural repairs and incidental alterations,
which do not extend or intensify the non-conforming use.
Nursing Home or Rest Horne. A licensed establishment having accommodations for the
continuous care of two or more invalid, infirmed, aged convalescent patients or disabled
Subd. 109.
Subd. 110.
Subd. 111.
Subd. 112.
Subd. 113.
Subd. 114.
Subd. 115.
Subd. 116.
Subd. 117.
Subd.118
Subd. 119.
Subd. 120.
Subd. 121.
persons that are non-related. A nursing home as defined in Minnesota Statutes. Section
144A.01. Subd. 5.
Occupancv Permit. Permission received by the City to use/occupy a premises.
Doen 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.
Open Space. Any unoccupied land space open to the sky.
Ordained. To order by virtue of established authority.
Ordinarv 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.
Parcel. A contiguous tract of land, which may consist of unplatted land or one or more
platted lots. For purposes of the Zoning Ordinance, adjoining lots which were in
common ownership as of XXXXX 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
than the minimum lot size required under the Zoning Ordinance.
Parking Space. An area of not less than 152 square feet (8'xI9'), exclusive of
driveways and aisles, designed for the parking of one motor vehicle.
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.
Performance Standard. A criterion established to control appearance, noise, odor, toxic
or noxious matter, vibration, fire and explosive hazards, glare, heat, waste and other
potential impacts generated by or inherent in uses of land or buildings.
Permitted Use. A use expressly authorized by the Zoning Code for a particular district
or districts.
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.
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.
Princioal Use. The main use to which the premises are devoted and the purpose for
which the zoning district allows.
Subd. 122.
Subd. 123.
Subd. 124.
Subd. 125.
Subd. 126.
Subd. 127.
***
Principal Structure. Anything constructed, moved or erected, the use of which requires
location on the ground xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Private Property. Any real property within the City which is privately owned and which
is not a public property as defined in this section.
Property Line.
Public Hearing. An official public meeting of which notice has been published in the
City's offieial legal newspaper.
Public Property. Any street or highway that includes the entire width between the
boundary lines of every way publicly maintained for the purposes of vehicular travel,
and shall also mean any other publicly owned property or facility.
Recreational/Doen Space. Land which has significant natural and/or recreational
amenities which warrant protection and/or assessment of any proposed change in the
usage ofthe land.
Include in appropriate ZONING DISTRICT. Uses include but are not limited to the following:
golf courses, tennis courts, driving ranges, archery ranges, etc. on page 9 of 59
S ubd. 128.
Subd. 129.
Subd. 130.
Subd.131.
Subd. 132.
Subd. 133.
Subd. 134.
Subd. 135.
Recreational Vehicles. A mobile vehicle, including boars, used for recreational
purposes capable of being towed or being self.propelled.
Remodeling. Alterations of a building primarily of an aesthetic nature which may
include incidental repairs to supporting members but not structural alterations.
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.
Right-of-Wav. A street, alley or cascment pennanently established for the passage of
persons and vehicles, including the traveled surface of lands adjacent that are formally
dedicated to such usage. The right-of-way is measured 12 - 14 feet from the center of
the street or road.
Setbacks. Areas of a lot adjoining the lot lines in which structures are prohibited.
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.
Shore Impact 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%) ofthe structure setback.
fugn, Any structure, device, advertisement or visual representation intended to
visually advertise, identify or communicate information, or to visually attract the
Subd. 136.
SuM 137.
Subd. 138.
Subd. 139.
Subd. 140.
Subd. 141.
Subd. 142.
Subd. 143.
Subd. 144.
Subd. 145.
attention of the public for any purpose unless located within a building and not visible
from the exterior ofthe building. See Ordinance #39.
Significant Historic Site. Any archaeological site, standing structure, or other property
that meets the criteria for eligibility to the National Register of Historic Places or is
listed in the State Register of Historic Sites, or is determined to be an unplanted
cemetery that falls under the provisions of Minnesota Statutes, Section 307.08. A
historic site meets these criteria if it is presently listed on either register or if it is
determined to meet the qualifications for listing after review by the Minnesota State
Archaeologist or the Director of the Minnesota Historical Society.
Sit-Down Restaurant. A restaurant in which more than 20% of the gross sales are
through table service.
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.
Storv. 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.
Storv-Half. That portion of a building under a gable, hip or gambrel roof the wall plates
of which, on at least two opposite exterior walls, are not more than two feet above the
floor of such story.
Steep Slope. Land where agricultural activity or development is either not
recommended or described as poorly suited due to slope steepness and the site's soil
characteristics, as mapped and described in available County soil surveys or other
technical reports, unless appropriate design and construction 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 of fifty (50) feet or more.
(What's the purpose of this definition? Is it a technical necessity?)
Street Access. A public right-of-way which affords the principal means of accessing
abutting property.
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.
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.
Subdivision.
Subd. 146.
Subd. 147.
Subd. 148.
Subd. 149.
Subd. 150.
Subd. 151.
Subd. 152.
Subd. 153.
Subd. 154.
Subd. 155.
Townhouse. Attached dwelling units of three or more, each with separate means of
access which are not a condominium.
Travel Trailers. A mobile vehicle with wheels, designed for overnight living or
camping purposes, capable of being towed by a motor vehicle.
Use. The purpose or activity for which land or a building is designed or intended, or for
which it is occupied or maintained.
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.
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.
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.
Vehicle. Abandoned. XXXXXX Check with Jim Hoeft about tagging cars with
expired tabs in drive ways.
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.
Water-Oriented Accessory Structure or Facilitv. A small, above-ground structures or
other improvements except stairways, fences, docks and retaining walls, which because
of the relationship of its use to a surface water feature, reasonably needs to be located
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.
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 ofthis definition, wetlands must have the following three (3) characteristics:
a. Predominance of hydric soils;
b. Are inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support a prevalence of hydrophytes 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. 157. Yard. Exterior. A side yard which abuts a street or public right-of-way along the side
lot line.
Subd. 158. 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. 159. Yard. Interior Side. A side yard which abuts an adjacent side yard or back yard along
the side lot line.
Subd. 160. 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. 161. 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.
Subd. 162. Zoning District. An area for which specific regulations and requirements are
established to govern land use, lot specifications, structures and building dimensions.
Subd. 163.
Zoning Map. A map that designates the location and boundaries of the City's Zoning
Districts.
Section 410 - DISTRICTS
410.01 Division of Citv into Districts. The City of Centerville is divided into the following zoning
districts:
Subd. 1. Residential.
(a) R-I
(b) R-2A
(c) R-2
(d) R-4
(e) R-5
Rural Residential
10 Acres or more
Single Family Residential
11 ,500 SF
Single Family Residential
15,000 SF
Single Family Manufactured
7,500 SF
Single Family Estate
17,500 SF
Subd. 2.
B-1: Commercial District.
Subd. 3.
I-I: Industrial.
Subd. 4.
P-I; Public/Semi-Public.
Subd. 5.
M-I: Mixed Use.
410.02 Zoning Mao. The location and boundaries ofthe CityofCenterville'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.
410.04 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.
a. All structures, whether attached to the principal structure Of 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 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.
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 adj acent 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.
d. The minimum side or rear yard depths for the following non-residential
structures or uses which abut any lot in any Residential District shall be: 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-1)
415.01 Puroose. The purpose of the R-I District is to allow agricultural activities and non-sewered
residential dwellings as interim uses ofthe 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-I District will not reflect intensive commercial
agricultural uses.
415.02 Permitted Uses. Within an R-I District, only the following uses are permitted:
(a) Single-family, detached, dwellings at a density not exceeding one (I) home per ten
(10) acres.
415.03 Permitted Conditional Uses.
415.04 Accessory Uses.
(a) Accessory buildings, private garages and parking for passenger cars and
recreational vehicles and trucks.
(b) Swimming pools that comply with the provisions of Section 65 (Division 65).
1. No part of a swimming pool may be located within 10 feet
from the side yard lot line or within 75 feet from the natural
high water elevation of a lake.
2. No swimming pool may be located in a front yard.
3. The filter unit, pump, heater unit and any other mechanical
equipment must be at least 25 feet from any neighboring
residential structure, at least 10 feet from any side yard lot
line and at least 75 feet from the natural high water elevation
of a lake.
(c) Tennis Courts.
(d) Decorative landscaping features, including but not limited to pools, arbors and
terraces.
( e) Lawn, garden and utility buildings.
(f) Patios, covered and uncovered porches, gazebos and picnic shelters.
415.05 Dimensional Regulations.
Subd. I. 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 ten
(10) acres or less than 300 feet in width at the building setback line.
Subd.3. Minimum Floor Area. The minimum building size in the R-l District is 1,050 SF.
Subd. 4. Special Requirements of the Zoning District. Agricultural uses permitted in R-I
District are subject to the following requirements:
(a) Feed lots, runs, pens, and similar intensively 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 Yz) 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 of 35 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 of 25 feet.
Section 416 - HIGH DENSITY SINGLE FAMILY RESIDENTIAL (R-2A)
416.01 Purpose. The purpose of the R-2A District is to provide for higher density single family
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.
(d) Accessory uses.
(e) Park and recreation uses.
(f) Day care facilities.
(g) Residential facilities.
416.03 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
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 of 35 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 ReQuirements 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-half (2 Y:z) 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.
Section 417 - SINGLE FAMILY RESIDENTIAL (R-2)
417.01 Purpose. The purpose ofthe R-2 District is to provide for lower density traditional single
family detached dwelling opportunities in areas where public utilities are available and required for
service. The design and circulation of new 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.
(f) Residential Facilities.
(g) Home Occupations.
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, 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.
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 Regulations.
Subd. I. 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
15,000 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-2 District is 1,050 SF.
Subd.4. Special Requirements 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 oftwo and one-half (2 v,) and ten (10) feet above
the centerline grades ofthe 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 Purpose. 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. This district is to provide safe and attractive residential neighborhoods with all urban
services and the desired amenities as other residential areas ofthe City.
417.06 Permitted Uses and Structures.
(h) Single-Family, detached dwellings.
(i) Single-Family, attached dwellings with two (2) units.
(j) 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 a minimum of a 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.
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%) ofthe 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 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 ofJess 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 Reauirements of the Zoning District.
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:
L Compliance with the requirements 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 Yz) 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 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 of 20 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.
(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. I. 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.
Subd. 4. Soecial Requirements ofthe 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 oftwo and one-half (2 Yz)
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-1)
Section 421 - 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:
.. I) ..
a.) 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
b.) Lots which abut on more than one (I) street shall provide the required front yards
along each street for the principal structure. Side yard setbacks for an accessory
structure will apply to the frontage that is not considered to be the required front
yard; and
c.) Any principal structure situated on lands contiguous to or abutting any portion of
the public lakes in CenterviIle shall maintain yard setbacks of seventy-five (75) feet
from the lake. Where adjacent structures have yard setbacks different from these
requirements, the minimum setback from the lake shall be the average setback of
such adjacent structures to a minimum of fifty (50) feet; and
Which is for side yard
Which is rear yard? 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:
I.) 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.
42 I .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
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 corner 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 Y2) and ten (IO) feet above the centerline
.. I I r
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. I.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5
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- I.
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-I and R-4 Zoning Districts.
Accessorv 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 Swimming 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%) ofthe rear yard.
. "
Subd. 1.
Subd. 2.
Subd. 3.
Subd. 4.
Subd. 5.
Subd. 6.
l_ _ _
With Regard to Easements. No part of a swimming pool may be located
within any private or public utility, workway, drainage, or other
easement.
With Regard 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 (J 0) 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.
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.
Safetv 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.
Lighting. Lighting used in connection with swimming pools must be
adjusted in a manner as not to interfere with the reasonable use of
adjacent property.
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 swimming pool will not be a health hazard
and is to be constructed in such a way so that its future use will not
endanger the health, lives or safety of any persons coming in contact
with the swimming pool.
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
swimming pool for this purpose.
.. l I ,.
421.05 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.
Subd. 3.
Subd. 4.
Subd.5.
Subd. 6.
Subd. 7.
Subd. 8.
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.
Location Requirements. Any fence constructed or altered must be
located entirely upon the private property of the owner to whom the
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 1 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-l
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
~ .
Subd. 9.
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.
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.
,. . .
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
October 7, 2003
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on October 7, 2003, at 6:30 p.m.
PRESENT:
Chairperson Brian Hanson
Commissioner Tom Wilharber d
Commissioner Jennefer Klennert Hunt e
Commissioner Michelle Lakso O.1i
Comm~ss~onerDavidKi!ian Appr '.'
commlssloner~lvmet ,.
Commissioner J_fan
ABSENT:
COUNCIL:
Council Member Broussard Vickers
STAFF:
Ms. Moore-Sykes, City Administrator
L CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:30 p.m.
IT. PUBLIC HEARING(S)
None.
ID. APPEARANCES
1. Mr. Ray Olson. B & R Properties - Concept/Site Plat Review 6805 - 20th Avenue
(Manufacturing & Mini-Storage)
Mr. Ray Olson addressed the Commission and provided an overview of his proposed plan
for a building housing manufacturing and mini-storage.
Council Liaison Broussard Vickers commented that the easement appeared to be right
through the proposed location for the building.
Mr. Olson indicated that he and Mr. Rehbein would be working on the specific location
for the easement.
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Plamting & Zoning Commission
October 7, 2003
Meeting Minutes
Council Liaison Broussard Vickers asked whether Mr. Olson had reviewed the zoning
ordinance .to make sure his proposed use for the building meets the requirements of the
ordinance.
Mr. Olson indicated he has met with Staff and it appears that his intended uses are
allowed. He then indicated his intended timeframe for constructing the building would
be Spring of2005.
Chair Hanson asked whether the painting would be done indoors or outdoors. Mr. Olson
indicated that they use latex paint that is non-hazardous and it is almost always done
indoors.
Mr. Olson indicated that he grew up in the Hugo area and then said that he intends to
clean up the existing building on the property to make it look better for the short amount
of time it will remain before the new building is constructed.
Commissioner Kilian asked whether there would be any outside repairs. Mr. Olson
indicated that the repair work is done inside. He then said that the new building will have
two repair bays.
Chair Hanson asked what type of businesses will be sought for renting the building. Mr.
Olson indicated that they would be small companies but he is not sure what will end up
having offices there.
The Commission discussed the easement and indicated that an easement is necessary or
the remaining parcel would be landlocked. Mr. Olson indicated that Mr. Rehbein had
commented that there was other access for the parcel.
The Commission recommended that Mr. Olson and Staff look into the easement situation
and be sure that it is handled appropriately.
Council Liaison Broussard Vickers recommended that Mr. Olson check with the County
to confirm his access onto the County road.
Mr. Olson asked whether the City had information as to where the City water and sewer
stubs are located on the property. Ms. Moore-Sykes indicated that Mr. palzer could
provide that information to Mr. Olson.
IV. OLD BUSINESS
None.
V. NEW BUSINESS
1. Reschedule November 4.2003 Planning and Zoning Meeting (General Election)
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Planning & Zoning Commission
October 7, 2003
Meeting Minutes
The November 4, 2003 Planning and Zoning Meeting was rescheduled to Monday,
November), 2003.
VI. DISCUSSION ITEMS
Ms. Moore-Sykes indicated that she is working on reformatting Ordinance #4 and hopes
to have it available for discussion at the next meeting.
Chair Hanson asked that the slaughterhouse moratorium be placed on the next agenda for
discussion.
VII. CONSIDERATION OF MlNUTES
1. September 2.2003. Planning and Zoning Meeting Minutes
Council Liaison Broussard Vickers asked that the minutes be changed to reflect her
attendance at the meeting.
Motion bv Commissioner WiIharber. seconded bv Commissioner Kilian to aDDrove
the Minutes of SeDtember 2. 2003. as amended. AIl in favor. Motion carried
unanimouslv.
Commissioner DeVine abstained from voting.
VIII. ADJOURNMENT
Motion bv Commissioner DeVine. seconded bv Commissioner Lakso to adiourn the
October 7.2003 Plannin2 Commission meetin2 at 7:35 n.m. AIl in favor. Motion
carried unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
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