City Council Ordinane 795ORDINANCE NO. 795
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE CODIFYING THE CITY OF MONTICELLO'S
ZONING CODE INTO TITLE XV, CHAPTER 153, OF
THE MONTICELLO CITY CODE
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, ORDAINS:
SECTION 1. Title XV: Land Usage, Section 153: Zoning, shall be replaced in its entirety as
follows:
See Exhibit "A" attached hereto and made a part hereof.
SECTION 2. EFFECTIVE DATE. This ordinance shall be effective upon its passage and
publication.
ADOPTED by the Monticello City Council this 23rd day of January, 2023.
CITY OF MONTICELLO
Voting in Favor: Gabler, Hilgart, Hinz, Martie, and Murdoff
Voting in Opposition: None
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Instruction Sheet
2022 3-3 Supplement
TITLE XV: LAND USAGE
67 through 542
3 through 6B
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Local legislation current through Ord. 791, passed 1 1-14-2®22
525 Vine Street � quite 310 � Cincinnati, Ohio 45202
1-800445-5588 � www.amlegal.conn
COPYRIGHT'D 2022
AMERICAN LEGAL PUBLISHING CORPORATION
CHAPTER 153: ZONING
Editor's note:
The Zoning Ordinance set out in this Chapter 153 was originally adopted by reference in a prior
version of this code. Said Zoning Ordinance was codified in full for the first time in November,
2022. Subsequent amendments to the ordinance, after it was set out in full, will be indicated by
legislation histories placed at the end of the affected sections.
Section
General Provisions
153.001
Title
153.002
Authority
153.003
Purpose
153.004
Effective date
153.005
Applicability
153.006
Relation to the Comprehensive Plan
153.007
Relationship to other laws and agreements
153.008
Transitional regulations
153.009
General rules for interpretation
153.010
Rules of measurement
153.011
Abbreviations
153.012
Definitions
Application Reviews and Procedures
153.025 Purpose
153.026 Summary of decision-making and review bodies
153.027 Common review procedures and requirements
153.028 Specific review procedures and requirements
67
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68 Monticello - Land Usage
Zoning Districts
153.040
General provisions
153.041
Districts established
153.042
Common district requirements
153.043
Residential base zoning districts
153.044
Business base zoning districts
153.045
Industrial base zoning districts
153.046
Overlay zoning districts
153.047
Planned unit development districts
153.048
Pointes at Cedar District
Finishing Standards
153.060 Landscaping and screening
153.061 Tree protection
153.062 Fences and walls
153.063 Exterior lighting
153.064 Signs
153.065 Underground utilities
153.066 Transitional features
153.067 Off-street parking
153.068 Off-street loading spaces
153.069 Grading, drainage, stormwater management and erosion control
153.070 Building materials
153.071 Wind energy conversion systems (WECS)
153.072 Telecommunication towers and antennas
Use Standards
153.090
Use table
153.091
Use -specific standards
153.092
Accessory use standards
153.093
Temporary uses
Nonconformities
153.105
Purpose
153.106
Authority to continue
153.107
Discontinuance
153.108
Change in use
153.109
Building permits and ordinance amendments
153.110
Existing nonconforming lots
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Enforcement
153.120
Purpose
153.121
Compliance required
153.122
Violations
153.123
Responsible persons
153.124
Enforcement generally
153.999 Penalty
GENERAL PROVISIONS
§ 153.001 TITLE.
••
This chapter shall be known as "Monticello Zoning Ordinance" except as referred to herein, where
it shall be known as "this chapter. "
§ 153.002 AUTHORITY.
This chapter is enacted pursuant to the authority granted by the Municipal Planning Act, M.S.
§§ 462.351 to 462.363, as they may be amended from time to time.
§ 153.003 PURPOSE.
(A) This chapter is adopted for the following purposes:
(1) To implement the policies of the City's Comprehensive Plan;
(2) To protect the public health, safety, and general welfare of the community and its people
through the establishment of regulations governing development and use;
(3) To promote orderly development and redevelopment;
(4) To protect the established use areas;
(5) To provide adequate light, air, and convenience of access to property;
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70 Monticello - Land Usage
(6) To prevent congestion in the public right-of-way;
(7) To prevent overcrowding of land and undue concentration of structures by regulating land,
buildings, yards, and allowed residential densities;
(8) To provide for compatibility of different land uses;
(9) To provide for administration and enforcement of this chapter;
(10) To provide for amendments;
(11) To prescribe penalties for violation of such regulations; and
(12) To define powers and duties of the city staff, the Board of Adjustment and Appeals, the
Planning Commission, and the City Council in relation to the Zoning Ordinance.
(B) In their interpretation and application, the provisions of this chapter shall be held as the
minimum requirements for the promotion of public health, safety, and welfare.
§ 153.004 EFFECTIVE DATE.
This chapter shall be effective on and after January 27, 2011. The adoption of this chapter shall not
be construed to confer any protected legal status on uses in existence prior to the effective date that did
not conform to previous ordinance provisions. Uses that were illegal under previous ordinance provisions
shall not be converted to a legal nonconforming use by reason of adoption of this chapter.
§ 153.005 APPLICABILITY.
This chapter is applicable to all land located within the city both now and as may be incorporated
in the future. The use of land and buildings or structures, and the construction, reconstruction, alteration,
expansion, or relocation of buildings or structures shall conform to the provisions of this chapter.
§ 153.006 RELATION TO THE COMPREHENSIVE PLAN.
It is the policy of the City of Monticello that the Comprehensive Plan is the city's guiding document
for the regulation of land use and development. The enforcement, amendment, and administration of this
chapter is to be accomplished with due consideration of the recommendations contained in the
Comprehensive Municipal Plan as developed and amended from time to time by the Planning
Commission and City Council of the city.
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§ 153.007 RELATIONSHIP TO OTHER LAWS AND AGREEMENTS.
(A) Conflict with other public laws, chapters, regulations, or permits.
(1) This chapter is intended to complement other municipal, state, and federal regulations that
affect land use. This chapter is not intended to revoke or repeal any other public law, ordinance,
regulation, or permit.
(2) Where the provisions of this chapter impose greater restrictions than those of any statute,
other chapter or regulation; the provisions of this chapter shall apply.
(3) Where the provisions of any statute, other chapter or regulation impose greater restrictions
than this chapter, the provisions of that statute, other chapter or regulation shall apply.
(B) Conflict with private agreements.
(1) The existence of any easement, covenant, or other private agreement with respect to
property affected by this chapter shall not affect the duty of any interested person to comply with this
chapter.
(2) The city shall have no obligation to waive or modify the requirements of this chapter to
conform to private agreements, nor shall it be obligated to enforce such agreements.
(C) Conflict between standards in this chapter.
(1) Controlling standards.
(a) In the event of conflict between one or more of the standards in this chapter, priority
shall be established based on the following descending hierarchy:
1. Overlay zoning district requirements (§ 153.046);
2. Base zoning district requirements (§ 153.043);
3. Rules of measurement (§ 153.010); and
4. Finishing standards (§§ 153.060 through 153.072).
(b) Example: if an overlay district standard conflicts with a base district standard, the
overlay district standard shall control and take precedence.
(2) Conflicts between other standards. In cases where two or more standards conflict within
the same hierarchy category identified in division (C)(1) above, the more restrictive standard shall not
necessarily control (for example, if two overlay zoning district requirements conflict, this division shall
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72 Monticello - Land Usage
apply). The determination as to which control applies shall be made by the Community Development
Department. The following standards shall govern the Community Development Department and the
Board of Adjustment and Appeals in issuing use interpretations:
(a) Greater consistency with the goals and objectives contained within the adopted
Comprehensive Plan;
character;
(b) More supportive of the purposes of this chapter as described in § 153.003, Purpose;
(c) Increased compatibility with adjacent development and surrounding community
(d) Enhanced environmental quality and natural resource protection;
(e) Greater protection and preservation of historic and cultural resources; and
(f) A superior level of building form, design, or architecture.
§ 153.008 TRANSITIONAL REGULATIONS.
(A) Purpose. The purpose of transitional regulations is to resolve the status of properties with
pending applications or recent approvals, and properties with outstanding violations, at the time of the
adoption of this chapter.
(B) Violations continue. Any violation of previous versions of this chapter shall continue to be a
violation under this chapter and shall be subject to the penalties and enforcement set forth in §§ 153.120
through 153.124, Enforcement; unless the use, development, construction, or other activity complies
with the provisions of this chapter.
(C) Uses, structures, and lots rendered nonconforming. Where any use, building, structure, or lot
that legally existed on the effective date of this chapter does not meet all standards set forth in this
chapter, such building, structure, lot or parcel shall be subject to the requirements of §§ 153.105 through
153.110, Nonconformities.
(D) Existing legal nonconformities. Legal nonconforming lots of record and uses that existed on the
effective date of this chapter shall be controlled by §§ 153.105 through 153.110, Nonconformities.
(E) Processing of applications commenced or approved under previous ordinances.
(1) Pending application.
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(a) Any complete application that has been submitted or accepted for review, but upon
which no final action has been taken by the appropriate decision-making body prior to the effective date
of this chapter, shall be reviewed in accordance with the provisions of ordinances in effect on the date
the application was deemed complete by the city.
(b) An applicant with a pending application may waive the review available under the prior
ordinance through a written letter to the Community Development Department, and instead request
review under the provisions of this chapter.
(2) Approved projects.
(a) Approved land use and other related actions by the City of Monticello authorized under
the prior ordinance, including building permits that are valid on the effective date of this chapter, shall
remain valid until their expiration date, where applicable.
(b) Projects with valid approvals or permits shall comply with the requirements of this
chapter where the standards will not materially affect the project. Where use of these standards would
materially affect the project, the project shall be completed pursuant to the development standards in
effect at the time of approval, provided that the permit or approval is valid and has not lapsed.
(c) Any building or development for which a building permit was granted prior to the
effective date of this chapter shall be permitted to proceed as permitted or approved, even if such
building or development does not conform to the provisions of this chapter, as long as the building
permit remains valid.
(d) Building permits authorized in accordance with the ordinance existing prior to the
effective date of this chapter shall still be valid, but shall not be renewed if the permit expires. All future
permits shall only be issued if in compliance with the requirements of this chapter.
§ 153.009 GENERAL RULES FOR INTERPRETATION.
The language set forth in the text of this chapter shall be interpreted in accordance with the
following rules of construction:
(A) Meanings and intent. All provisions, terms, phrases, and expressions contained in this chapter
shall be interpreted in accordance with the general purposes set forth in § 153.003, Purpose, and the
specific purpose statements set forth throughout this chapter. When a specific section of these regulations
gives a different meaning than the general definition provided in this article, the specific section's
meaning and application of the term shall control.
(B) Headings, illustrations, and text. In the event of a conflict or inconsistency between the text of
this chapter and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics
and other illustrations are provided for informational purposes only and should not be relied upon as a
complete and accurate description of all applicable regulations or requirements.
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74 Monticello - Land Usage
(C) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use
terms such as "for example," "including," and "such as," or similar language are intended to provide
examples and are not exhaustive lists of all possibilities.
(D) Computation of time. The time in which an act is to be done shall be computed by excluding
the first day and including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the city, the deadline or required date of action shall be the next day that
is not a Saturday, Sunday, or holiday observed by the city. References to days are calendar days unless
otherwise stated.
(E) References to other regulations/publications. Whenever reference is made to a resolution,
ordinance, statute, regulation, or document, it shall be construed as a reference to the most recent edition
of such regulation, resolution, ordinance, statute, regulation, or document, unless otherwise specifically
stated.
(F) Delegation of authority. Any act authorized by this chapter to be carried out by a specific
official or department of the city may be carried out by a professional -level designee of such official or
department.
(G) Technical and non-technical terms. Words and phrases shall be construed according to the
common and approved usage of the language, but technical words and phrases that may have acquired
a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(H) Public officials and agencies. All public officials, bodies, and agencies to which references are
made are those of the City of Monticello, unless otherwise indicated.
(I) Mandatory and discretionary terms. The words "shall," "must," and "will" are mandatory in
nature, establishing an obligation or duty to comply with the particular provision. The words "may" and
"should" are permissive in nature.
(J) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted
as follows:
(1) "And" indicates that all connected items, conditions, provisions or events apply; and
(2) "Or" indicates that one or more of the connected items, conditions, provisions, or events
apply.
(K) Tenses, plurals, and gender.
(1) Words used in the present tense include the future tense.
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Zoning 75
(2) Words used in the singular number include the plural number and the plural number
includes the singular number, unless the context of the particular usage clearly indicates otherwise.
(3) Words used in the masculine gender include the feminine gender, and vice versa.
(L) Terms not defined. If a term used in this chapter is not defined in § 153.012, the Community
Development Department shall have the authority to provide a definition based upon the definitions used
in accepted sources including but not limited to: A Planners Dictionary; A Glossary of Zoning,
Development, and Planning Terms; A Survey of Zoning Definitions; or any standard dictionary.
§ 153.010 RULES OF MEASUREMENT.
(A) Measurements, generally.
(1) Purpose. The purpose of this section is to clarify the rules of measurement and exemptions
that apply to all principal and accessory uses allowed in this chapter. These standards may be modified
by other applicable sections of this chapter.
(2) Distance measurements, generally. Unless otherwise expressly stated, distances specified
in this chapter are to be measured as the length of an imaginary straight line joining those points.
(B) Lots.
(1) Definitions/measurement.
(a) Average lot size (see Figure 8-1). The mean lot size for all lots being platted.
(b) Average lot width (see Figure 8-1). The mean lot width for all lots being platted.
Figure 8-I: Galrulating
Average Lot Area &
Width
K�
1'?, 250 2.250
�r n
14.000
:4 rz
12,125
sq tt
18,975
sq tY
LOTAVERAGING EXAMPLES f °
Lot widths and areas in a five lot subdivision could be as shown here,
(70+$0+75+165+70 = 400 feet 15 = 80 foot average lot width);
tl2,250+14,600+13,125+18,375+12,254 = 70,04015 = 14,000 sq ft average)
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12.250
sq H
76 Monticello - Land Usage
(c) Lot area (see Figure 8-7). The amount of land area, measured horizontally, included
within the lines of a lot. Lands located within any private easements shall be included within the lot area.
Public rights-of-way and areas below the ordinary high-water (OHW) mark for water features are not
to be included in calculating lot area, except where specifically allowed by this chapter. The terms "lot
size" and "lot area" shall be interchangeable.
(d) Lot coverage (see Figure 8-7). Lot coverage shall be calculated as the total horizontal
surface area of impervious surface on a given lot.
(e) Lot depth. Lot depth shall be determined by a straight line connecting the midpoint of
the front lot line to the midpoint of the rear lot line, or to the rear most point of the lot when there is no
rear lot line (see Figure 8-2 for examples).
Figure $-2: Measuring Depth
r
4 �r -
i a
Li
I
Y
Exalnp!c "A" Exempla "B" Eximple •`C" ,
(f) Lot or street frontage. In the case of a building lot abutting upon only one street, the
frontage line is the line parallel to and common with the right-of-way. In the case of a corner lot, that
part of the building lot having the narrowest frontage on any street shall be considered the frontage line.
For the purpose of determining yard requirements on corner lots and double frontage lots, all sides of
a lot adjacent to streets shall be considered frontage, and yards shall be provided as required in this
chapter.
(g) Lot line (see Figure 8-3).
Corner side lot line. The corner side lot line is a side lot line that abuts a street or
other right-of-way.
2. Front lot line. The front lot line is the line connecting the two side lot lines along
the street right-of-way having the least width.
3. Rear lot line. The rear lot line is the line connecting the two side lot lines along
the edge of the lot opposite from the front line.
4. Side lot line. The side lot line is the lot line connecting the front and rear lot lines
regardless of whether it abuts a right-of-way or another lot line.
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REAR LOT LINE
Figure 8-3: SIDE
Yards, Lot Lines, i REAR YARD i LOT
and Building Lines LINE
(in general) — — — I
TSIDE SIDE
i YARD LARD
SIDE
LOT I ----J-- J ---
LINE
FRONTYARD BUILDING
LINES i
FRONT LOT LfNE
(h) Lot types (see Figure 8-4).
77
1. Base lot. A contiguous parcel of land in identical ownership throughout, bounded
by other lots or streets, and used or set aside and available for use as the site of one or more buildings
or other definite purpose. References to "lot" within this chapter are synonymous with "base lot."
2. Comer lot. A lot located at the intersection of two or more streets (other than
alleys), regardless of whether or not such streets intersect at right angles.
3. Cul-de-sac lot. A lot located on the head or turn around of a cul-de-sac with side
lot lines on a tangent to the arc of the right-of-way.
4. Double frontage lot. A lot other than a corner lot with frontage on more than one
street other than an alley.
5. Flag lot. A lot that does not abut or front a street where access is obtained by a
narrow private right-of-way.
6. Interior lot. A lot other than a corner lot with only one frontage on a street other
than an alley.
7. Unit lot. A specialized lot created within a base lot simply for the purpose of
defining ownership for certain multi -family dwelling types.
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in
Monticello - Land Usage
Figure 8-4: L.otTypes
The lots In this Oigure are calor coded to Suszroze
the varWs lot types dePned by code.
_ Corner Lot
Cul -de -50C Lot
_ Double Frontage Lot
Fbg Lot
lnt nw Lot
Unit Lars within o base lot
(i) Lot width (see figure 8-5).
1. Lot width shall be determined by a straight line connecting the endpoints
determined by the intersection of the side lot lines and the required front yard setback.
2. The width of a corner lot shall be calculated from the side with the least frontage
on a right-of-way.
Figure $-5: MeasuringWkkh
N
faample "A" Example "g" Example "C"
(2) General lot requirements.
(a) Erection of more than one principal structure on a platted lot. Whenever any land is
subdivided, a building permit for the construction of a building or other principal structure (excluding
buildings under common ownership or unified control) shall not be issued unless the land is subdivided
in accordance with the procedures and standards of this chapter.
(b) Lots divided by zoning district lines. Whenever a single lot is located within two or
more different zoning districts, each portion of that lot shall be subject to all the regulations applicable
to the district in which it is located.
(3) Required yards.
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(a) Definitions/measurement.
79
1. Accessory structure yard. The minimum yard requirement between a lot line and
an allowable accessory structure. Detached accessory structures may not be placed within front yards
or corner side yards.
2. Building line (see Figure 8-3). A line formed by the face of a building which is
used to establish the yards around a building or structure.
3. Build -to line. A line with which the majority of an exterior wall of a building is
required to coincide.
4. Right-of-way (ROW). Land dedicated, deeded, used, or to be used for a street,
road, alley, pedestrian way, crosswalk, bikeway, drainage facility, or other public uses, wherein the
owner gives up rights to the land so long as it is being or will be used for the dedicated purpose.
5. Setback line. A line located at the inside edge of a required front, side, or rear
yard. Exterior building walls may not encroach into the required yard beyond the building setback line.
Portions of a building, (e.g., an overhang, eave, entry stairs, bay windows, foundation planters, etc.)
may encroach into a required yard as allowed in § 153.042(D)(2), Allowable Yard Encroachments.
6. Yard. A required open area unoccupied and unobstructed by any building or by
any structure or portion of a structure except as allowed by this chapter. Fences, walls, and incidental
structures (e.g., flagpoles, birdhouses or feeders, clothesline posts, etc.) may be permitted within a yard
provided the structures do not interfere with corner visibility.
7. Yard types (see Figure 8-3).
a. Corner side yard. A side yard extending between the front and rear lot lines
parallel to an abutting street or right-of-way.
b. Front yard. A yard extending between side lot lines across the front of a lot
between the front lot line and the front building line.
c. Rear yard. A yard extending across the rear of the lot between the rear lot line
and the rear building line. In the case of double frontage lots, there is no rear yard, and the requirements
for the front yard shall apply to the front and rear.
d. Side yard. A yard extending from the front building line to rear building line.
In the case of double frontage lots, the side yard extends from the front building line to the opposing
building line associated with the other yard.
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80 Monticello - Land Usage
e. Zero side lot line. A condition where no side yard is provided between two
or more distinct dwelling units sharing a party wall (e.g., townhouse, duplex, attached residential, etc.).
(4) Bulk.
(a) Definitions/measurement.
1. Building coverage. Building coverage is a measure of intensity of a use of land that
represents the portion of a site that is covered by building footprint, as well as attached porches, decks,
and balconies. Building coverage does not include driveways, streets, sidewalks, and any other areas
covered by an impervious surface material, including areas of outdoor storage (see Figure 8-7).
2. Building size. Building size is the total floor area located inside exterior walls and
covered by a roof.
3. District size. The minimum size, in acres, of a base or overlay zoning district,
including streets, rights-of-way, and open space areas, but excluding unbuildable lands.
4. Floor area. The sum of the gross horizontal areas of the floors of a building
measured from the exterior faces of the exterior walls or from the centerline of walls separating two
buildings, and excluding the following:
a. Attic areas with a headroom of less than seven feet;
b. Unenclosed stairs or fire escapes;
c. Elevator structures;
d. Cooling towers;
e. Areas devoted to machinery and equipment for air conditioning, ventilation,
heating, and other similar building service needs;
f. Structured parking; and
g. Basement space not used for retailing activities, the production or processing
of goods, or for business or professional offices.
5. Floor area ratio. The total floor area of all buildings or structures on a lot divided
by the lot area.
2022S-3
Figure 9-6 UW&trates various ores me=remer4s.,
Lot Amu -Amu at' A" (150 x 30 = 7300)
Su)fdfng Coverage =Area of S' + C
[(30x20}+(15x10)] = 750
Lot Covefage = Area of 8' + C + D
[(30x20}+(15x10)+(20x10)) = 950
Gross Floor Amu = Amu of 8' + 8' + C
[(30x20}+(30x20)+(1 Sx 10)] = 1330
(5) Height.
Zoning
Figure 8-6. 03verage &Area Measurements
(a) Definitions/measurement.
1. Building height. A distance to be measured from the mean ground level to the top
of a flat roof, to the mean distance of the highest gable on a pitched or hip roof, to the deck line of a
mansard roof, to the uppermost point on all other roof types.
2. Building story.
a. The space between the surface of any floor and the surface of the next floor
above it; or if there is no floor above it, the space between the floor surface and the top of the ceiling
joists or roof rafters above it. Typically, story height in a residential structure is nine feet per story, and
story height in a non-residential structure is twelve feet per story.
b. If the finished floor level directly above a basement or cellar or unused
under -floor space is more than six feet above the grade as defined herein for more than 50 % of the total
perimeter or is more than 12 feet above grade as defined herein at any point, such basement, cellar, or
unused under -floor space shall be considered as a story.
3. Fence and wall height. Fence and wall heights are to be measured from the
adjoining average grade. In the case of grade separation such as the division of properties by a retaining
wall, the height shall be determined on the basis of measurement from the average point between the
highest and lowest grade.
4. Fence and wall height in residential side and rear yards. Where a fence is
constructed of posts and panels down a slope in a side or rear yard of residential property, and the top
rail of said fence or wall maintains a horizontal alignment, the height of said fence shall be measured as
follows: The maximum fence height identified in the ordinance applicable to said fence shall be measured
from existing grade to the top of the fence panel nearest to the uphill post. The height of the top edge
of the fence panel may exceed the maximum required height by up to two feet when measured at the
downhill post. Any fencing used to enclose the gap below the fence panel shall match the panel in
material, color, and style, or may be retaining wall constructed of stone, brick or concrete masonry units
designed and sold explicitly for such purpose.
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Monticello - Land Usage
5. Grade. Grade means the level of the finished ground surface immediately adjacent
to the exterior walls of a building.
§ 153.011 ABBREVIATIONS.
The following is a glossary of acronyms or abbreviations used within this chapter.
ACI
Aggregate Caliper Inch(es)
ADA
Americans with Disabilities Act
APA
American Planning Association
ATM
Automated Teller Machine
CBD
Central Business District
CDBG
Community Dev. Block Grants
COW
Cellular On Wheels
CR
County Road
CUP
Conditional Use Permit
DA
Development Agreement
DNR
Department of Natural Resources
DOT
Department of Transportation
DU
Dwelling Unit
DU/A
Dwelling Units/Acre
EA
Environmental Assessment
EIS
Environmental Impact Statement
EPA
U.S. Environmental Protection Agency
FEMA
Federal Emergency Management
Agency
GIS
Geographic Information System
GVW
Gross Vehicle Weight
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HWY
Highway
K
1 Thousand, 1,000, kilo, kilometer
LB
Pound(s), 16 ounces
LOS
Level of Service (Highways & Streets)
MI
Mile, 5,280 Feet
MnDOT
MN Department of Transportation
OHW
Ordinary High Water Mark
OZ
Ounce(s)
PCA
Pollution Control Agency
PUD
Planned Unit Development
ROW
Right -of -Way
SF
Square Foot (feet)
SM
Square Mile, 640 Acres
SQ
Square
Ton
2,000 Pounds
TWP
Township, 36 square miles (statutory)
UBC
Uniform Building Code
V/CR
Volume to Capacity Ratio
WECS
Wind Energy Conversion System
ZO
Zoning Ordinance
§ 153.012 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning.
ACCESSORY. A use, activity, structure, or part of a structure that is subordinate and incidental to
the main activity or structure on the site.
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84 Monticello - Land Usage
ACCESSORY BUILDING - MAJOR. A building which is accessory to a principal structure and is
required to be constructed with a building permit per Minn. Rule 1300.0120.
ACCESSORY BUILDING - MINOR. A building which is accessory to a principal structure and
exempt from a building permit per Minn. Rule 1300.0120.
ADULT USES. Adult uses include adult bookstores, adult motion picture theatres, adult
mini -motion picture theatres, adult massage parlors, adult steamroom/bathhouse/sauna facilities, adult
companionship establishments, adult rap/conversation parlors, adult health/sport clubs, adult cabarets,
adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult
body painting studios, and other premises, enterprises, establishments, businesses, or places open to
some or all members of the public, at or in which there is an emphasis on the presentation, display,
depiction, or description of "specified sexual activities" or "specified anatomical areas" which are
capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota
Statutes, are not included.
SPECIFIED ANATOMICAL AREAS.
(a) Less than completely and opaquely covered human genitals, pubic region, buttock,
anus, or female breast(s) below a point immediately above the top of the areola; and
covered.
(b) Human male genitals in a discernibly turgid state, even if completely and opaquely
SPECIFIED SEXUAL ACTIVITIES.
(a) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral -anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the
context of a sexual relationship, or the use of excretory functions in the context of sexual relationship,
and any of the following sexually -oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty.
tumescence.
(b) Clearly depicted human genitals in the state of sexual stimulation, arousal, or
(c) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.
(d) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.
(e) Situations involving a person or persons, any of whom are nude, clad in
undergarments, or in sexually revealing costumes; and who are engaged in activities involving the
flagellation, torture, fettering, binding, or other physical restraint of any such persons.
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(f) Erotic or lewd touching, fondling, or other sexually oriented contact with an animal
by a human being.
(g) Human excretion, urination, menstruation, vaginal, or anal irrigation.
ADULT USE/ACCESSORY. The offering of goods and/or services which are classified as adult
uses on a limited scale and which are incidental to the primary activity and goods and/or services offered
by the establishment. Examples of such items include adult magazines, adult movies, adult novelties, and
the like.
ADULT USE/PRINCIPAL. The offering of goods and/or services which are classified as adult uses
as a primary or sole activity of a business or establishment and include, but are not limited to, the
following:
ADULT USE BODY PAINTING STUDIO. An establishment or business which provides the
service of applying paint or other substance, whether transparent or non -transparent, to or on the body
of a patron when such body is wholly or partially nude in terms of "specified anatomical areas."
ADULT USE BOOKSTORE. A building or portion of a building used for the barter, rental,
or sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape, or motion
picture film if such building or portion of a building is not open to the public generally but only to one
or more classes of the public excluding any minor by reason of age, or if a substantial or significant
portion of such items are distinguished or characterized by an emphasis on the depiction or description
of "specified sexual activities" or "specified anatomical areas."
ADULT USE CABARET. A building or portion of a building used for providing dancing or
other live entertainment, if such building or portion of a building excludes minors by virtue of age, or
if such dancing or other live entertainment is distinguished or characterized by an emphasis on the
presentation, display, depiction, or description of "specified sexual activities" or "specified anatomical
areas."
ADULT USE COMPANIONSHIPESTABLISHMENT. A companionship establishment which
excludes minors by reason of age, or which provides the service of engaging in or listening to
conversation, talk, or discussion between an employee of the establishment and a customer, if such
service is distinguished or characterized by an emphasis on "specified sexual activities" or "specified
anatomical areas."
ADULT USE CONVERSATION/RAP PARLOR. A conversation/rap parlor which excludes
minors by reason of age, or which provides the service of engaging in or listening to conversation, talk,
or discussion, if such service is distinguished or characterized by an emphasis on "specified sexual
activities" or "specified anatomical areas."
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ADULT USE HEALTH/SPORT CLUB. A health/sport club which excludes minors by reason
of age, or if such club is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas."
ADULT USE HOTEL/MOTEL. Adult hotel/motel means a hotel or motel from which minors
are specifically excluded from patronage and wherein material is presented which is distinguished or
characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas."
ADULT USE MASSAGE PARLOR/HEALTH CLUB. A massage parlor or health club which
restricts minors by reason of age, and which provides the services of massage, if such service is
distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical
areas."
ADULT USE MINI -MOTION PICTURE THEATRE. A building or portion of a building with
a capacity for less than 50 persons used for presenting material if such building or portion of a building
as a prevailing practice excludes minors by virtue of age, or if such material is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
ADULT USE MODELING STUDIO. An establishment whose major business is the provision
to customers of figure models who are so provided with the intent of providing sexual stimulation or
sexual gratification to such customers and who engage in "specified sexual activities" or display
"specified anatomical areas" while being observed, painted, painted upon, sketched, drawn, sculptured,
photographed, or otherwise depicted by such customers.
ADULT USE MOTION PICTURE ARCADE. Any place to which the public is permitted or
invited wherein coin or slug -operated or electronically, electrically, or mechanically controlled or
operated still or motion picture machines, projectors, or other image -producing devices are maintained
to show images to five or fewer persons per machine at any one time, and where the images so displayed
are distinguished or characterized by an emphasis on depicting or describing "specified sexual activities"
or "specified anatomical areas."
ADULT USE MOTION PICTURE THEATRE. A building or portion of a building with a
capacity of 50 or more persons used for presenting material if such building or portion of a building as
a prevailing practice excludes minors by virtue of age, or if such material is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
ADULT USE NOVELTY BUSINESS. A business which has, as a principal activity, the sale
of devices which stimulate human genitals or devices which are designed for sexual stimulation.
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ADULT SAUNA. A sauna which excludes minors by reason of age, or which provides a steam
bath or heat bathing room used for the purpose of bathing, relaxation, or reducing; utilizing steam or
hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished
or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
ADULT STEAM ROOM/BATHHOUSE FACILITY. A building or portion of a building used
for providing a steam bath or heat bathing room used for the purpose of pleasure, bathing, relaxation,
or reducing; utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if such building or
portion of a building restricts minors by reason of age or if the service provided by the steam
room/bathhouse facility is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas."
AGRICULTURAL BUILDING. A structure on agricultural zoned land designed, constructed, and
used to house farm implements or agricultural produce or products used by the owner, lessee, or
sub -lessee or their immediate families, their employees, and persons engaged in the pick up or delivery
of agricultural produce or products grown or raised on the premises. The term "agricultural building"
shall not include dwellings.
AGRICULTURAL SALES. The retail sale of fresh fruits, vegetables, flowers, herbs, trees, or other
agricultural, floricultural, or horticultural products. The operation may be indoors or outdoors, include
pick -your -own or cut -your -own opportunities, and may involve the ancillary sale of items considered
accessory to the agricultural products being sold or accessory sales of unprocessed foodstuffs; home
processed food products such as jams, jellies, pickles, sauces; or baked goods and home-made
handicrafts. The floor area devoted to the sale of accessory items shall not exceed 25 % of the total floor
area. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be
sold as accessory items. No activities other than the sale of goods as outlined above shall be allowed as
part of the agricultural sales business.
AGRICULTURE. Those commonly associated with the growing of produce on farms. These
include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without
building; truck gardening and livestock raising and feeding, but not including fur farms, commercial
animal feed lots, and kennels.
ALLEY. A public right-of-way less than 30 feet in width which affords secondary access to abutting
property.
ANTENNA, COMMERCIAL TRANSMISSION AND RECEPTION. Shall mean commercial and
industrial communications equipment accessory to business operations of one meter in width or greater,
but not personal wireless telecommunications service equipment.
ANTENNA, PRIVATE AMATEUR RADIO. Shall mean equipment, including antennae, antennae
support structures, and other related material, necessary to conduct Ham and Short Wave Radio
reception and transmissions, only for use by those persons properly licensed by the Federal
Communications Commission for such reception and transmissions, and who are in full compliance with
all licensing requirements.
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ANTENNA, PRIVATE RECEIVING. Television and other electronic reception antennae for private
use.
ANTENNA, TELECOMMUNICATION. A device used for the transmission and/or reception of
wireless communications, usually arranged on an antenna support structure or building, and consisting
of a wire, a set of wires, or electromagnetically reflective or conductive rods, elements, arrays, or
surfaces, inclusive of the following: private amateur radio antenna(s), private receiving antenna(s),
commercial transmission and reception antenna(s), and wireless telecommunications service antenna(s).
ANTENNA, WIRELESS TELECOMMUNICATIONS SERVICE. Shall mean any equipment
necessary to provide or support all types of wireless electronic communications, including, but not
necessarily limited to, wireless "cellular" telephone, radio, and internet transmission and reception
communications between mobile communications providers and users, including public safety
communications.
ANTENNA SUPPORT STRUCTURE. Any pole, telescoping mast, tower, tripod, or other structure
which supports an antenna. Such structure may be freestanding or attached to a building or other device
that conforms to this chapter.
APARTMENT. A room or suite of rooms which is designed for, intended for, or occupied as a
residence by a single-family or an individual and is equipped with cooking facilities. Includes dwelling
unit and efficiency unit. An apartment is offered only as a rented or leased residence, as distinguished
from condominiums and townhouses, which allow for separate ownership.
APPURTENANCES. The visible, functional, or ornamental objects accessory to, and part of a
building, such as chimneys, fire escapes, open decks, stoops, steps, bay windows, roof overhangs,
awnings, solar energy systems and similar features.
ARTIFICIAL OBSTRUCTION. Means any obstruction which is not a natural obstruction (see
Obstruction).
AS -BUILT PLANS. Record drawings of as -constructed improvements.
ASSISTED LIVING FACILITY. A multiple -family structure that includes a special combination
of housing, supportive services, personalized assistance, and health care designed to respond to the
individual needs of people who need help with activities of daily living, but where the emphasis of the
facility remains residential. Residents of assisted living facilities do not require hospitalization or skilled
or intermediate nursing care associated with nursing home facilities, but do, because of their advanced
age, require assistance or supervision in matters such as dressing, bathing, diet, financial management,
evacuation of a residence in the event of an emergency, or medication prescribed for self -administration.
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ATTENTION GETTING DEVICE. Any device whose primary purpose is to attract public attention
to a use of land (but which is not a building or the use of land itself), whether two or three dimensional,
and whether through graphics, light, movement, shapes or other method. Such device may be either
permanent or temporary, and would be regulated as a sign under the appropriate sections of this chapter.
AUCTION HOUSE. A building, area, or areas within a building used for the public sale of goods,
wares, merchandise, or equipment to the highest bidder.
AUTOMATED TELLER MACHINE (ATM). A facility to provide banking and other electronic
services that is operated by the customer.
AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning engines, motor
vehicles or trailers; collision service, including body, frame, or fender straightening or repair; overall
painting or paint job; vehicle steam cleaning. This business performs structural and cosmetic repairs to
autos, light trucks, and equipment of 9,000 pounds GVW and less. Allowed: Body repair and painting,
frame and/or unibody straightening and repair, glass replacement, sandblasting and/or steam cleaning,
undercoating or rust proofing, upholstery work, washing, cleaning, and polishing.
AUTOMOBILE REPAIR - MINOR. A business that performs mechanical and electrical repairs to
autos, light trucks, and equipment 9,000 pounds GVW and less. Allowed activities include minor
repairs, incidental body and fender work, minor painting and upholstering, tune ups and adjustments,
replacement of parts (excluding body and frame), rebuilding of parts or components when installation
is available, wheel alignment and balancing, tire repair, radiator repair, washing, cleaning, and
polishing, but specifically excluding any operation specified or implied under the definition of
"Automobile Repair - Major."
AUTOMOTIVE WASH FACILITY. An area or structure equipped with automatic or self-service
facilities for primarily washing automobiles.
BANNERS AND PENNANTS. Attention -getting devices which resemble flags and are of a paper,
cloth, or plastic -like consistency.
BASEMENT. Means any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground
level.
BED AND BREAKFAST. A private residence, generally a single-family residence, engaged in
renting one or more dwelling rooms on a daily basis to tourists, vacationers, and business people, where
provision of meals is limited to breakfast for guests only.
BERM. An earthen mound designed to provide visual interest on a site, screen undesirable views,
reduce noise, or fulfill other such purposes.
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BEST MANAGEMENT PRACTICES (BMPs). Erosion and sediment control and water quality
management practices that are the most effective and practicable means of controlling, preventing, and
minimizing degradation of surface water, including, but not limited to, avoidance of impacts,
construction -phasing, minimizing the length of time soil areas are exposed, or prohibitions or other
management practices published by state or designated areawide planning agencies.
BLUFF. A topographic feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 % over a distance for 50 feet or more shall
not be considered part of the bluff):
(1) Part or all of the feature is located in a shoreland area;
(2) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30% or greater; and
(4) The slope must drain toward the waterbody.
BLUFF IMPACT ZONE. A bluff and land located within 20 feet from the top of a bluff.
BOARDER. A person who regularly receives lodging with or without meals at another's home for
pay or services.
BOATHOUSE. A structure designed and used solely for the storage of boats or boating equipment.
BODYART. Establishments that engage in providing "body art" or "body art procedures" including
physical body adornment using, but not limited to, tattooing and body piercing. Body art does not
include practices and procedures that are performed by a licensed medical or dental professional if the
procedure is within the professional's scope of practice.
BREW PUB. A restaurant -brewery that sells 85 % or more of its beer on-site. The beer is brewed
primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery's storage
tanks. Brewpubs may also sell beer for off -sale consumption in growler containers.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDING. A structure with a roof, intended for shelter, housing, business, or enclosure.
BUILDING, FRONT FACADE. A building elevation which fronts on a public street, public parking
lot, private parking lot available to the general public, or pedestrian walk where customer access to a
structure is available.
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BUILDING HEIGHT. See § 153.010(B)(5).
BUILDING LINE. See § 153.010(B)(3).
BUILDING, PRINCIPAL. A building in which is conducted the principal use of the lot.
BULK FUEL SALES AND STORAGE. The commercial storage of gasses and fuels in above
ground containers.
BUSINESS. Any establishment, occupation, employment, or enterprise where merchandise is
manufactured, exhibited, or sold, or where services are offered for compensation.
BUSINESS DAY. A day on which City Hall is open.
BUSINESS SUPPORT SERVICES. Establishments that engage primarily in rendering services to
businesses including but not limited to copy shops, printing services, package and postal services, photo
processing, janitorial services, and similar operations.
CALIPER. A horticultural method of measuring the diameter of a tree trunk for the purpose of
determining size. The caliper inches of a tree shall be determined by measuring the tree's diameter four
feet, six inches from the ground.
CANOPY. A roof -like cover, often of fabric, plastic, metal, or glass on a support, which provides
shelter over a doorway.
CANOPY TREE. A tree that has an expected height at maturity of 30 feet or more.
CELLAR. See BASEMENT.
CEMETERY. Land used or intended to be used for burying the remains of human dead and
dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction
with and within the boundaries of the cemetery.
CHANNEL. A natural or artificial depression of perceptible extent, with definite bed and banks to
coniine and conduct water either continuously or periodically.
CHARITABLE, FRATERNAL, OR SOCIAL CLUB/LODGE. See PLACE OF PUBLIC
ASSEMBLY.
CHURCH. See PLACE OF PUBLIC ASSEMBLY.
CITY ENGINEER. A person who has received training and is given authority by the City of
Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment control
plans and practices. The City Engineer is part of the Community Development Department.
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CIVIC INTEREST GROUP. A civic interest group is a non-governmental organization which has
a public or quasi -public service purpose as its central function, but may include additional uses and
activities related to its public function or provided to its membership. A civic interest group may or may
not have a specific site location or building which it occupies whether owned or leased. Examples of
such groups may include religious institutions, local or national service clubs and organizations, private
museums, historical facilities or similar entities.
CLEARING. Any activity that removes the vegetative surface cover.
CLEAR -CUTTING. The removal of an entire stand of trees.
CLINIC/MEDICAL SERVICES. A structure intended for providing medical and dental
examinations and service available to the public. This service is provided without overnight care
available.
COCKTAIL ROOM. A room that is ancillary to the production of liquor at a production distillery
where the public can purchase and/or consume only the liquor produced on site.
COMBINATION USE. The combination of two principal uses.
COMMERCIAL LODGING. A building or group of buildings in which sleeping accommodations
are offered to the public and intended primarily for rental for temporary occupation by persons on an
overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may
include microwaves and refrigerators for each guest unit.
COMMERCIAL OFFICES. A commercial use involving predominantly administrative, clerical,
or professional operations. Commercial offices may include professional and administrative training, but
shall not include direct retail commercial transaction activities. Professional training may include classes
and training offered by professional or administrative entities to consumers of professional services.
COMMERCIAL SELF -STORAGE. A land use characterized by a variety of sized spaces available
to the general public for rent on short-term periods, and for which size of individual spaces are less than
1,000 square feet in area. Commercial self -storage facilities are limited to storage use only, with no
separate business activities permitted as part of the use.
COMMUNICATIONANTENNASANDANTENNASUPPORTSTRUCTURES. SeeANTENNA,
TELECOMMUNICATION.
COMMUNICATIONS/BROADCASTING. Establishments primarily engaged in the provision of
broadcasting and other information relay services accomplished through the use of electronic and
telephonic mechanisms. Antennas, antenna support structures and satellite dishes are included in this
definition. Typical uses include television studios, telecommunication service centers, telegraph service
offices, or film and sound recording facilities.
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COMMUNITY DEVELOPMENT DEPARTMENT. Those departments assigned by the City
Administrator to oversee the various aspects of development within the city. Such departments may
include but are not limited to planning, building safety, code enforcement, and engineering.
COMMUNITY GARDEN. A public or private facility for cultivation of fruits, flowers, vegetables
or ornamental plants by more than one person or group.
CONDITIONAL USE. A permitted use that, because of special requirements or characteristics, may
only be allowed in a particular zoning district after review by the city and granting of conditional use
permit which imposes conditions deemed necessary to make the use compatible with other uses permitted
in the same zone or vicinity. Conditional uses that cannot be adequately controlled through conditions
shall be prohibited. Approved conditional uses and their conditions run with the land and are not specific
to property owners.
CONDOMINIUM. A form of property ownership providing for individual ownership of space in
a structure together with an individual interest in the land or other parts of the structure in common with
other owners. Residential condominium dwelling units are subject to the provisions of the Minnesota
Condominium Law, M.S. §§ 515.01 to 515.29, as they may be amended from time to time.
CONSERVATION EASEMENT. A conservation easement is legal land preservation agreement
between a landowner and a municipality or a qualified land protection organization. The easement
confers the transfer of usage rights from one party to another.
CONSTRUCTIONACTIVITY. A disturbance to the land that results in a change in the topography,
or the existing soil cover (both vegetative and non -vegetative). Examples of construction activity may
include clearing, grading, filling and excavating.
CONSTRUCTION TRAILER. Trailers used as temporary offices to meet a short-term need while
the permanent facilities are being expanded. A temporary use permit is required for such office trailers.
CONTRACTOR. The party who signs the permit, application, construction contract, or development
agreement with the city to construct a project. Where the construction project involves more than one
contractor, the general contractor shall be the contractor that is responsible pursuant to the obligations
set forth in this chapter.
CONVENIENCE RETAIL. A retail store not more than 4,000 square feet in area that generally
carries a reduced inventory of a variety of items such as dairy products, minor automobile related items,
groceries, novelties, magazines, etc. A convenience store may be combined with vehicle fuel sales where
permitted.
COOPERATIVE (HOUSING). A multiple -family attached dwelling owned and maintained by the
residents. The entire structure and real property is under common ownership as contrasted to a
condominium dwelling where individual units are under separate individual occupant ownership.
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COUNTRY CLUB. A membership club or business organized and operated primarily to provide
recreational activities such as golf, swimming, tennis, and other outdoor recreation to its members and
their guests which includes facilities such as a club house, banquet areas, locker rooms, and pro shop.
COURT. An unoccupied open space other than a yard which is bounded on two or more sides by
the walls of the buildings.
CREMATORY. A facility containing furnaces for the reduction of dead bodies to ashes by fire.
DAY CARE - HOME. See definitions for GROUP RESIDENTIAL FACILITY.
DAY CARE CENTER. A service provided to the public in which children of school or preschool
age are cared for during established business hours, and which does not qualify as a group residential
facility.
DECIDUOUS TREE. A tree that generally loses all of its leaves for part of the year.
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 at any point extending above grade.
DENSITY, BASE. The number of dwelling units allowed per net acre of land.
DENSITY, MAXIMUM. The number of dwelling units potentially allowed per net acre of land if
certain conditions are met through either performance standards or the planned unit development process.
DEPARTMENT STORE. See RETAIL COMMERCIAL USES (OTHER).
DEPOSIT. Any rock, soil, gravel, sand, or other material deposited naturally or by man into a
water body, watercourse, floodplain, or wetland.
DEWATERING. The removal of water for construction activity such as the removal of temporary
sediment basin water or appropriated surface or groundwater to dry and/or solidify a construction site.
DISTRICT. An area delineated on the official zoning map that sets forth standards and guidelines
for all development within the prescribed zoning district.
DONATION DROP-OFF CONTAINER. A receptacle designed with a door, slot, or other opening
that is intended to accept and store donated items.
DRAINING. The removal of surface water or groundwater from land.
DREDGING. To enlarge or clean out a water body, watercourse, or wetland.
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DRIPLINE. A vertical line that extends from the outermost branches of a tree's canopy to the
ground around the circumference of the tree.
DRIVE-THROUGH SERVICE. A building opening, including windows, doors, or mechanical
devices, through which occupants of a motor vehicle receive or obtain a product or service.
DUMPSTER. A container that has a hooking mechanism that permits it to be raised and dumped
into a sanitation truck or be hauled away for emptying.
DWELLING. A building or portion thereof designated exclusively for residential occupancy,
including one -family, two-family, and multiple -family dwellings, but not including hotels, motels, and
boarding houses.
DWELLING, ATTACHED. A structure intended for occupancy by more than one family, including
duplexes, townhomes, multi -family dwellings, apartments, and condominiums. Accessory dwelling units
as defined and permitted by this chapter are incidental to a principal dwelling unit and are not considered
to be attached dwellings.
DWELLING, DUPLEX OR TWO-FAMILY. Any building that contains two separate dwelling units
with separation either horizontal or vertical on one lot that is used, intended, or designed to be built,
used, rented, leased, let or hired out to be occupied, or occupied for living purposes.
DWELLING, SINGLE-FAMILYDETACHED. Any building that contains one dwelling unit used,
intended, or designed to be guilt, used, rented, leased, let or hired out to be occupied, or occupied for
living purposes by one family.
DWELLING, MULTIPLE -FAMILY. A building designed with three or more dwelling units
exclusively for occupancy by three or more families living independently of each other but sharing
hallways and main entrances and exits.
DWELLING UNIT. An area within a structure designed and constructed to be occupied by one
family which includes permanent provisions for living, cooking, and sanitation. Dwelling unit does not
include hotels, motels, correctional facilities, nursing/convalescent home, rehabilitation centers, or other
structures designed for transient residence. In group residential facilities, multi -family, each separate
bedroom, combined with all common areas up to 520 square feet of gross building floor area shall be
considered one potential dwelling unit for purposes of calculating dwelling unit density on a multi -family
parcel.
EFFICIENCY APARTMENT. A dwelling unit consisting of one principal room exclusive of
bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking (kitchenette).
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ENTERTAINMENT, INDOOR COMMERCIAL. An establishment providing completely enclosed
recreation or entertainment activities. Accessory uses may include the preparation and serving of food
or the sale of equipment related to the enclosed uses. Examples of indoor commercial entertainment
businesses include bowling alleys, roller and ice-skating rinks, billiards halls, swimming pools, motion
picture theaters, and similar amusements. Indoor commercial entertainment uses do not include event
centers or adult uses.
ENTERTAINMENT, OUTDOOR COMMERCIAL. An establishment providing recreation or
entertainment activities primarily occurring outdoors. Accessory uses may include the preparation and
serving of food, the sale of equipment related to the outdoor uses, and complementary indoor
entertainment facilities. Examples of outdoor commercial entertainment businesses include, but are not
limited to, golf driving ranges, sand volleyball courts, go-carts, and miniature golf courses. Outdoor
commercial entertainment uses do not include projectile weapon ranges (archery or shooting), sports
stadiums or drive-in movie theaters.
ERECT. Activity of constructing, building, raising, assembling, placing, affixing, attaching,
creating, painting, drawing or any other way of bringing into being or establishing.
EROSION. The wearing away of the ground surface as a result of the movement of wind, water,
ice and/or land disturbance activities.
EROSION CONTROL. A measure that prevents erosion including but not limited to: soil
stabilization practices, limited grading, mulch, temporary or permanent cover, and construction phasing.
EROSION CONTROL INSPECTOR. A designated agent given authority by the City of Monticello
to inspect and maintain erosion and sediment control practices.
EROSION PREVENTION. Measures employed to prevent erosion. Examples include, but are not
limited to: soil stabilization practices, limited grading, mulch, temporary or permanent cover, and
construction phasing.
ESSENTIAL SERVICES. Public or private utility systems for gas, electricity, steam, sewer and
water; voice, television, and digital communications systems; and waste disposal and recycling services.
These services include underground, surface, and overhead systems and all accessories thereto such as
poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, catch basins, water storage
tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, hydrants,
and other similar features necessary for the function of the essential service. Wireless radio frequency
reception and transmission antennas and support structures shall not be considered an essential service.
Essential services do not include buildings or uses that include human occupancy or activity beyond
occasional service or maintenance.
EVENT CENTER. A multi-purpose commercial venue (public or privately owned) used for the
purposes of performances, trade shows, corporate functions, sporting events, private receptions or
parties, holiday gatherings or similar attractions.
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(1) Common characteristics of event centers, which differentiate such uses from places of
public assembly, often include but are not limited to, the following:
(a) Varied and/or irregular activity schedules.
(b) The display and/or sale of retail commercial goods.
(c) The generation of high traffic volumes at varied time periods.
(d) Commercial activities and uses in coordination with the events.
(e) Locations in commercial districts.
(f) Alcohol service as licensed.
(2) Accessory uses may include food preparation facilities, concessions, offices, museums,
parks, athletic training or practice facilities, stores, restaurants, structured parking facilities, and patron
transportation facilities. Event centers do not include adult uses and places of public assembly.
EVERGREEN TREE. A tree that retains some or most of its leaves or needles throughout the year.
EXISTING TREE CANOPY. The crowns of all healthy self-supporting canopy trees with a diameter
at breast height (DBH) of ten inches or greater and understory trees with a caliper size of four inches
or greater at breast height.
EXTRACTION OF MATERIALS. The development or extraction of a natural resource in excess
of 400 cubic yards from its natural occurrences on affected land without processing.
EXTRACTIVE USE. The use of land for surface or subsurface removal of sand, gravel, rock,
industrial minerals, other nonmetallic minerals, and peat not regulated under M.S. §§ 93.44 to 93.51,
as they may be amended from time to time.
FAMILY. An individual or group that maintains a common household and use of common cooking
and kitchen facilities and common entrances to a single dwelling unit, where the group consists of:
(1) Two or more persons each related to the other by blood, marriage, domestic partnership,
adoption, legal guardianship (including foster children); or
(2) Not more than four unrelated persons.
FARMERS MARKET. An occasional or periodic market held in an open area or in a structure
where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal
fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include second-hand
goods) dispensed from booths located on-site.
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FENCE. A tangible barrier constructed of any allowable material erected for the purpose of
providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative
purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining
properties and streets, materials stored and operations conducted behind it.
FILLING. The act of depositing any rock, soil, gravel, sand, or other material so as to change the
natural grade of the land; and/or to fill or partly fill a water body, watercourse, or wetland.
FINAL GRADE. Excavation or fill of material to final plan elevation. Final grade completed as part
of individual site development.
FINAL STABILIZATION.
(1) All soil disturbing activities at the site have been completed and a uniform (e.g., evenly
distributed, without large bare areas) perennial vegetative cover with a density of 70% of the native
background vegetative cover for the area has been established on all unpaved areas and areas not covered
by permanent structures, or equivalent permanent stabilization measures (such as the use of riprap,
gabions, or geotextiles) have been employed;
(2) For individual lots in residential construction by the contractor, the contractor must either:
(a) complete final stabilization as specified above; or (b) establish temporary stabilization including
perimeter controls for an individual lot prior to occupation of the structure. If the contractor chooses (b),
it must inform the owner in writing of the requirements for final stabilization;
(3) For construction projects on land used for agricultural purposes (e.g., pipelines across crop
or range land) final stabilization may be accomplished by returning the disturbed land to its
preconstruction agricultural use. Areas disturbed that were not previously used for agricultural activities,
such as buffer strips immediately adjacent to surface waters and drainage systems and areas which are
not being returned to their preconstruction agricultural use must meet the final stabilization criteria in
subparts (a) or (b) above;
(4) The contractor must clean out all sediment from conveyances and from temporary
sedimentation basins that are to be used as permanent water quality management basins. Sediment must
be stabilized to prevent it from washing back into the basin, conveyances or drainage ways discharging
off-site or to surface waters. The cleanout of permanent basins must be sufficient to return the basin to
design capacity. All drainage ditches constructed to drain water from the site after construction is
complete must be stabilized to preclude erosion; and
(5) All temporary synthetic and structural erosion prevention and sediment control BMPs (such
as silt fence) must be removed as part of the final stabilization on the site.
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FINANCIAL INSTITUTION. An establishment that provides retail banking services, mortgage
lending, or similar financial services to individuals and businesses. Financial institutions include those
establishments engaged in the on-site circulation of cash money and check -cashing facilities, but shall
not include bail bond brokers. Financial institutions may also provide automated teller machine (ATM)
services, located within a fully enclosed space or building, along an exterior building wall intended to
serve walk-up customers only, or in a city authorized drive-thru lane.
FINISHING STANDARD. Criterion established to control and limit the impacts generated by, or
inherent in, uses of land or buildings. The term "finishing standard" shall be synonymous with
"performance standard. "
FLAG. Any fabric or similar lightweight material attached at one end of the material, usually to a
staff or pole, so as to allow movement of the material by atmospheric changes and which contains
distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake
that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood stage or
discharge may be equaled or exceeded.
FLOOD FRINGE. That portion of the floodplain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the flood insurance study for the City of
Monticello.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake, or watercourse which
have been or hereafter may be covered by the regional flood.
FLOOD PROFILE. A graph or a longitudinal plot of water surface elevations of a flood event along
a reach of a stream or river.
FLOOD -PROOFING. A combination of structural provisions, changes, or adjustment to properties
and structures subject to flooding, primarily for the reduction or elimination of flood damages.
FLOODWAY. The bed of wetland or lake and the channel of a watercourse and those portions of
the adjoining floodplain which are reasonably required to carry or store the regional flood discharge.
FLOOR AREA. See § 153.010(B)(4).
FLOOR AREA - FINISHABLE. Area within a building -exclusive of mechanical, garage, or
unfinished storage space -that could meet all requirements of "finished floor area" after improvements
are completed.
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FLOOR AREA - FINISHED. To qualify as finished floor area, the space shall be at or above the
finished exterior grade, or in the case of lower levels, no less than 42 inches below such grade; must
have heat; flooring such as carpet, vinyl, tile, wood or other similar floor covering; a ceiling and walls
covered with gypsum board, plaster, or wood which is stained, painted or covered with other residential
wall/ceiling covering prior to occupancy. Basements that are neither "look out" or "walk out" levels may
be finished, but shall not be counted towards a minimum finished square footage calculation.
FORESTLAND CONVERSION. The clear cutting of forested lands to prepare for a new land use
other than reestablishment of a subsequent forest stand.
FREEWAY CORRIDOR (SIGN) AREA. A special signing area encompassing land located within
800 feet either side (north or south) of the centerline of Interstate 94, in addition to certain areas along
Trunk Highway 25 south of Interstate 94 north of Dundas Road, East of Sandberg Road, and West of
Cedar Street as shown on the city's official Freeway Bonus Sign District Map.
FUNERAL SERVICES. An establishment that provides human funeral services, including
embalming and memorial services. Crematories are accessory uses to a funeral home.
GARAGE. An attached or detached accessory structure for the purpose of parking vehicles.
GARAGE SALE. The sale of miscellaneous used items commonly associated with residential use.
Garage sales shall not be for the sale of primarily a single commodity. The term "garage sale" includes
"sidewalk sale," "yard sale," "basement sale," and "estate sale."
GENERAL WAREHOUSING. Structures used for the storage or distribution of goods where there
is no sale of items to retailers or the general public unless permitted as an accessory use to the
warehouse.
GRADING. Excavation or fill of material, including the resulting conditions thereof.
GRADING, DRAINAGE AND EROSION CONTROL PERMIT. A permit issued by the
municipality for the construction or alteration of the ground and for the improvements and structures for
the control of erosion, runoff, and grading. Herein after referred to as "grading permit".
GRADING, DRAINAGE AND EROSION CONTROL PLANS. A set of plans prepared by or under
the direction of a licensed professional engineer. Plans are required to indicate the specific measures and
sequencing to be used to control grading, sediment and erosion on a development site during and after
construction as detailed in the City of Monticello "Plan Requirements and Design Guidelines".
GREENHOUSE/CONSERVATORY. A structure, primarily of glass, in which temperature and
humidity can be controlled for the cultivation or protection of plants.
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GROUP RESIDENTIAL FACILITY, MULTI -FAMILY. A state -licensed facility, public or private,
which regularly provides a planned combination of living conditions, services, and resources for the
treatment, rehabilitation, training, supervision, or care of persons residing on the premises which falls
into one of the following categories: 1) a state licensed residential facility serving between seven and 16
persons; or 2) a licensed day care facility serving between 13 and 16 persons. This term does not include
any type of residential or non-residential facility for persons convicted of crimes, or for persons accused
of crimes who are diverted to the facility before conviction; nor does it include a residential facility
whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses
or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to
sex offenses.
GROUP RESIDENTIAL FACILITY, SINGLE-FAMILY. A state -licensed facility, public or
private, which regularly provides a planned combination of living conditions, services, and resources
for the treatment, rehabilitation, training, supervision, or care of persons residing on the premises which
falls into one of the following categories: 1) a state licensed residential facility serving six or fewer
persons; 2) registered housing with services establishment serving six or fewer persons; 3) a licensed
day care facility serving 12 or fewer persons; or 4) a group family day care facility licensed to serve 14
or fewer children. This term does not include any type of residential or non-residential facility for
persons convicted of crimes, or for persons accused of crimes who are diverted to the facility before
conviction; nor does it include a residential facility whose primary purpose is to treat juveniles who have
violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of
conduct in violation of criminal statutes relating to sex offenses.
GROWLER. A 64 fluid ounce (1.89 liter) container of beer that is made available for purchase at
the brewery where it's produced. Said container is available for off -sale consumption only.
HEAVY INDUSTRIAL USE. See HEAVY MANUFACTURING.
HELIPORT. An area used or intended to be used for the landing and takeoff of helicopters, and may
include any or all of the areas of buildings appropriate to accomplish these functions.
HIGH RISK TREE. Any tree with structural defects sufficient to render the tree or part of the tree
likely to fail and cause damage to persons, property, or other significant vegetation, as determined by
a qualified arborist or other tree professional.
HOME OCCUPATION. An occupation carried on in a dwelling unit by the resident thereof;
provided that the use is limited in extent and incidental and secondary to the use of the dwelling unit for
residential purposes and does not change the character thereof.
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HOOP BUILDING (see also TARP GARAGE). A portable or permanently anchored structure
defined mainly by a steel or PVC frame over which a cover made from plastic, tarp, or other similar type
fabrics or materials is placed.
HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured
persons primarily on an inpatient basis, including ancillary facilities for outpatient and emergency
treatment, diagnostic services, training, research, and administration, and services to patients,
employees, or visitors.
IMPERVIOUS SURFACE. A constructed hard surface that either prevents or retards the entry of
water into the soil and causes water to run off the surface in greater quantities and at an increased rate
of flow than existed prior to development. Examples include rooftops, sidewalks, patios, parking lots,
storage areas and concrete, asphalt, or gravel driveways or roads.
INDOOR FOOD/CONVENIENCE SALES. A small retail establishment located within or
associated with another use that offers for sale prepared food or convenience goods such as prepackaged
food items, tobacco, periodicals, and other household goods.
INDUSTRIAL SELF -STORAGE. A land use characterized by larger spaces available to occupants
for the purposes of storage of commercial, industrial, or personal goods, as well as business, industrial,
or hobby activities accessory to such storage as may be permitted within the zoning district, provided
that no such space is subdivided to a total area that is less than 2,000 square feet in area.
INDUSTRIAL SERVICES (GENERAL). Businesses that are engaged in the repair or servicing of
industrial, business, or consumer machinery, equipment, products, or by-products; or providing other
related services primarily for industrial businesses. Industrial service firms that service consumer goods
do so by mainly providing centralized services for separate retail outlets. Also includes firms such as
contractors and building maintenance services and similar establishments engaged in performance of
services off-site. Few customers, especially the general public, come to the site. Accessory activities may
include retail sales, offices, parking and storage.
INTENSIVE VEGETATION CLEARING. The complete removal of trees or shrubs in a contiguous
patch, strip, row, or block.
KENNEL (COMMERCIAL). A facility for the boarding, breeding, raising, grooming, selling,
training or other animal husbandry activities for dogs, cats or other animals for financial or other
compensation.
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LAKE, GENERAL DEVELOPMENT. Lakes that usually have more than 225 acres of water per
mile of shoreline and 25 dwellings per mile of shoreline, and are more than 15 feet deep.
LAKE, NATURAL ENVIRONMENT. Lakes that usually have less than 150 total acres, less than
60 acres per mile of shoreline, and less than three dwellings per mile of shoreline. They may have some
winter kill of fish; may have shallow, swampy shoreline; and are less than 15 feet deep.
LAKE, RECREATIONAL DEVELOPMENT. Lakes that usually have between 60 and 225 acres
of water per mile of shoreline, between three and 25 dwellings per mile of shoreline, and are more than
15 feet deep.
LAND DISTURBING ACTIVITY. Any land change that may result in soil erosion from water or
wind and the movement of sediments into or upon waters or lands within the city's jurisdiction,
including, but not limited to, clearing, grubbing, grading, excavating, transporting and filling.
LAND RECLAMATION. The reclaiming of land by the importation, depositing, or grading of soils
in excess of 400 cubic yards so as to elevate the grade.
LANDSCAPE STRIP, PERIMETER. Vegetative material associated with the perimeter landscaping
required for a vehicular use area.
LANDSCAPING/NURSERYBUSINESS. A retail business devoted to the growth, display, and/or
sale of plants, shrubs, trees; and/or landscaping materials and services.
LIGHT INDUSTRIAL USE. See MANUFACTURING, LIGHT.
LOT (OF RECORD). A parcel of land, whether subdivided or otherwise legally described, as of
the effective date of this chapter, or approved by the city as a lot subsequent to such date and which is
occupied by or intended for occupancy by one principal building or principal use together with any
accessory buildings and such open spaces as required by this chapter and having its principal frontage
upon a street.
LOT. Land occupied or to be occupied by a building and its accessory buildings, together with such
open spaces as are required under the provisions of this zoning regulation, having not less than the
minimum area required by this zoning chapter for a building site in the district in which such lot is
situated and having its principal frontage on a street or a proposed street approved by the Council. LOT
related definitions (e.g. lot depth, lot area, lot corner, etc): see § 153.010(B).
LOT LINE. A property boundary line of any lot held in single or separate ownership, except that
where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be
the street or alley right-of-way.
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MACHINERY/TRUCK REPAIR. This business performs mechanical, electrical, structural, and
cosmetic repairs to trucks and heavy equipment. Allowed: Tune ups and adjustment, replacement of
parts, rebuilding of parts or components when installation is available, body repair, collision service and
painting, frame straightening and repair, steam cleaning and/or sandblasting, undercoating and rust
proofing, radiator repair, tire repair, wheel alignment and balancing, washing, cleaning, and polishing.
MANUFACTURED (MOBILE) HOME. A structure transportable in one or more sections which
in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when
erected on a side, is 760 or more square feet and which is built on a permanent chassis and designed to
be used as a dwelling with or without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air conditioning, and electrical systems contained in it, and which
complies with the manufactured home building code (M.S. § 327.3 1, as it may be amended from time
to time).
MANUFACTURED HOME PARK. A contiguous parcel of land which has been developed for the
placement of manufactured homes and is owned by an individual, firm, trust, partnership, public or
private association, or corporation.
MANUFACTURING, HEAVY. The manufacturing of products from raw or unprocessed materials,
where the finished product may be combustible or explosive. This category shall also include any
establishment or facility using large unscreened outdoor structures such as conveyor belt systems,
cooling towers, cranes, storage silos, or similar equipment that cannot be integrated into the building
design, or engaging in large-scale outdoor storage. Any industrial use that generates noise, odor,
vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or
requires a significant amount of on-site hazardous chemical storage shall be classified under this land
use.
MANUFACTURING, LIGHT. The mechanical transformation of predominantly previously
prepared materials into new products, including assembly of component parts and the creation of
products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly
confined within an enclosed building, do not include processing of hazardous gases and chemicals, and
do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or vibration.
MARQUEE. Any permanent roof like structure projecting beyond a theater building or extending
along and projecting beyond the wall of that building, generally designed and constructed to provide
protection from the weather.
MAXIMUM DENSITY. The number of dwelling units allowed per gross acre of land as controlled
by an individual or joint ownership group.
MEAN GROUND LEVEL. The elevation established for the purpose of regulating the number of
stories and the height of buildings. Grade shall be the mean level of the finished surface of the ground
adjacent to the exterior walls of the buildings.
MICRO -DISTILLERY. A distillery that produces 40,000 proof gallons of liquor or less annually.
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MULTIPLE -TENANT SITE. Any site which has more than one tenant, and each tenant has a
separate ground level exterior public entrance.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES). The program for
issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits under the Clean
Water Act (Sections 301, 318, 402, and 405) and United States Code of Federal Regulations Title 33,
Sections 1317, 1328, 1342, and 1345.
NATURAL DRAINAGE SYSTEM. All land surface areas which by nature of their contour
configuration, collect, store and channel surface water run-off.
NATURAL OBSTRUCTION. Means any rock, tree, gravel, or analogous natural matter that is an
obstruction and has been located within a water body, watercourse, or wetland by a nonhuman cause.
NEXT AVAILABLE AGENDA. The next meeting at which an application can be heard by a
reviewing body after consideration of the anticipated time for review and other items already scheduled
for future agendas. The Community Development Department has full discretion to select the best future
meeting date that will accommodate the administrative and official review of an item provided the overall
timeframe for review will comply with all state mandated review deadlines.
NONCONFORMING STRUCTURE OR BUILDING. A structure or building, the size, dimensions,
or location of which was lawful prior to effective date of this chapter as denoted in § 153.004, or on the
effective date of any amendment to this chapter, but that fails by reason of such adoption or amendment
to conform to the requirements of this chapter.
NONCONFORMING USE. Any use lawfully being made of any land, building, or structure not
otherwise abandoned, existing on effective date of this chapter as denoted in § 153.004 or on the
effective date of any amendment of this chapter, that does not comply with the use regulations of this
chapter or the amendment.
NURSING HOME (CONVALESCENT HOME). A facility that provides nursing services and
custodial care generally on a 24-hour basis for two or more unrelated individuals who for reasons of
illness, physical infirmity, or advanced age, require such services; but not including hospitals, clinics,
sanitariums, or similar institutions.
OBSTRUCTION (IN RELATION TO FLOODPLAINS). Any dam, wall, wharf, embankment,
levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse,
or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either
in itself or by catching or collecting debris carried by such water.
OFFICE USE. An establishment primarily engaged in providing professional, financial,
administrative, clerical, and similar services.
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OFF-STREET LOADING SPACE. A space accessible from the street, alley or way, in a building
or on the lot, for the use of trucks while loading or unloading merchandise or materials. Such space shall
be of such size as to accommodate one truck of the type typically used in the particular business.
OPACITY (OPAQUE). A measurement indicating the degree of obscuration of light or visibility.
An object that is 100% opaque is impenetrable by light.
OPEN SALES. Any open land used or occupied for the purpose of buying, selling, and/or renting
merchandise and for the storing of same prior to sale. This use includes all outdoor sales and display of
goods and/or materials that are not specifically addressed as outdoor storage, sidewalk sales and display,
or off-street vehicle parking.
OPEN SPACE. An area on a lot not occupied by any structure or impervious surface.
OPEN SPACE, USABLE. A required ground area or terrace area on a lot which is graded,
developed, landscaped, and equipped and intended and maintained for either active or passive recreation
or both, available and accessible to and usable by all persons occupying a dwelling unit or rooming unit
on the lot and their guests. Such areas shall be grassed and landscaped or covered only for a recreational
purpose. Roofs, driveways, and parking areas shall not constitute usable open space.
ORDINARY HIGH WATER (NEW SHORELAND DISTRICT CODE). The boundary of public
waters which may include wetlands, and shall be an elevation delineating the highest water level which
has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that
point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For
watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For
reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer
pool.
OUTDOOR STORAGE. The keeping, in an un -roofed area, of any goods, material, merchandise,
or vehicles in the same place for more than 24 hours. This shall not include the display of vehicles for
sale in a new or used car sales lot.
OUTPATIENT CARE. Medical examination or service available to the public in a hospital. This
service is provided without overnight care and shall be considered a separate, independent, principal use
when combined or operated in conjunction with a hospital.
OWNER. The person or entity with a legal or equitable interest in the land on which the
construction activities will occur.
PARAPET. A low wall which is located perpendicular to (extension of front wall) a roof of a
building.
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PARK FACILITY, ACTIVE. A park or recreation facility that includes one or more of the
following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf courses, or
other active sports facilities. Active park facilities will commonly include benches, picnic areas, trails,
sidewalks, and other similar features.
PARK FACILITY, PASSIVE. A park or recreational facility that does not include the construction
of facilities, lighting, or development of ball fields or other active sports facilities. Passive parks may
include benches, picnic areas, trails and sidewalks.
PARKING, OFF-STREET. The act of keeping a passenger vehicle as defined herein and/or small
commercial vehicles, recreational vehicles and emergency vehicles as defined herein, on an approved
parking space, properly surfaced, for a period of less than 24 hours.
PARKING BAY. The parking module consisting of one or two rows of parking spaces or stalls and
the aisle from which motor vehicles enter and leave the spaces.
PARKING ISLAND. Landscaped areas within parking lots used to separate parking areas and to
soften the overall visual impact of a large parking area from adjacent properties.
PARKING LOT DRIVE AISLE. A vehicular accessway located within an off-street parking or
vehicular use area which serves individual parking stalls and driveways.
PARKING SPACE/STALL. An area enclosed in the main building, in an accessory building, or
unenclosed sufficient in size to store one automobile which has adequate access to a public street or alley
and permitting satisfactory ingress and egress of an automobile.
PARKING STRUCTURE. A structure designed to accommodate vehicular parking spaces that are
fully or partially enclosed or located on the deck surface of a building. This definition includes parking
garages, decks, and ramp parking.
PARKING, SURFACED. A parking space or storage space which is paved, or surfaced with
crushed rock, such as Class V limestone, crushed or decomposed granite, "con -bit", or landscaping rock
of adequate durability to support the load parked or stored thereon.
PARKING, UNSURFACED. A storage space which is covered by vegetation, such as grass or other
landscaped cover, and which is mowed or trimmed to meet the city's weed control regulations.
Unsurfaced space may not include bare ground which may be subject to erosion, tracking of mud onto
the roadway, or drainage of silt into a public drainage easement or waterway.
PASSENGER TERMINAL. A place that receives and discharges passengers which generally
includes facilities and equipment required for the operation. Examples include terminals for bus, taxi,
railroad, shuttle van, or other similar vehicular services. This definition does not include bus stops or
similar transfer points for passengers at which no facilities (excluding a bench or shelter) are provided.
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PAVED. A parking space or storage space which is surfaced with only the following materials:
Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or concrete pavers,
provided such pavers have a flat surface area of no less than nine square inches.
PERFORMANCE STANDARD. Criterion established to control and limit the impacts generated by,
or inherent in, uses of land or buildings. The term "performance standard" shall be synonymous with
"finishing standard."
PERIMETER SEDIMENT CONTROL. A barrier that prevents sediment from leaving a site by
filtering sediment -laden runoff or diverting it to a sediment trap or basin.
PERMANENT COVER. Final stabilization.
PERMITTED USE. A use which may be lawfully established in a particular district or districts,
provided it conforms with all requirements, regulations, and performance standards (if any) of such
districts.
PERMITTEE. Applicant for and recipient of an approved permit.
PERSON. An individual, firm, partnership, association, corporation, or organization of any kind.
PERSONAL SERVICES. Establishments that primarily engage in providing services generally
involving the care of the person or person's possessions. Personal services may include but are not
limited to: laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios,
music schools, informational and instructional services, tanning salons, body art (including tattooing),
and portrait studios.
PHASING (IN RELATION TO GRADING). Clearing a parcel of land in distinct phases, with the
stabilization of each phase completed before the clearing of the next.
PLACE OF PUBLIC ASSEMBLY. An institution or facility that congregations of people regularly
attend to participate in or hold meetings, workshops, lectures, civic activities, religious services, and
other similar activities, including buildings in which such functions and activities are held. Places of
public assembly are characterized by individuals arriving and departing at regularly scheduled times and
do not include event centers. Common characteristics of places of public assembly, which differentiate
such uses from event centers, may include but are not limited to, the following:
(1) Regular activity schedules.
(2) No display and/or sale of retail commercial goods or services.
(3) The generation of traffic at routine time periods.
(4) Predictable traffic volumes during activities.
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Zoning 109
(5) Locations that may be in commercial, industrial, or residential zoning districts.
PLAN REQUIREMENTS AND DESIGN GUIDELINES. Manual detailing city specifications for
all plan requirements.
PLANNED UNIT DEVELOPMENT. A type of development which may incorporate a variety of
land uses planned and developed as a unit. The planned unit development is distinguished from the
traditional subdivision process of development in that zoning standards such as density, setbacks, height
limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the
municipality, and the Commissioner of Natural Resources as may be required.
PLANTING STRIP. Areas intended for the placement of vegetation within the interior of vehicular
use areas or along street right-of-way edges, typically between the back of the curb and the inside edge
of the sidewalk.
PORTABLE CONTAINER. A large container designed and rented or leased for the temporary
storage of commercial, industrial, or residential household goods that does not contain a foundation or
wheels for movement.
PRINCIPAL USE. The main use of land or buildings as distinguished from subordinate or accessory
uses.
PRODUCTION BREWERY. A facility that manufactures, processes and warehouses beer for
wholesale distribution in off -sale packages to retail liquor establishments and may retail beer product for
on-site consumption in a taproom for off-site consumption as growlers. A production brewer may not
have an ownership interest in a brewery licensed under Minnesota Statutes.
PROFESSIONAL OFFICE - SERVICES. A commercial use involving administrative, clerical, or
professional operations, and routinely including direct transactions or consultations with clients for such
services. Such uses commonly include legal, financial, insurance, or real estate services, among others,
but do not include retail sales of stock -in -trade goods.
PUBLIC BUILDING OR USE. Any facility, including but not limited to buildings and property
that are leased or otherwise operated or funded by a governmental body or public entity.
PUBLIC WAREHOUSING. The indoor storage of equipment and/or materials by a government
agency which may, or may not, be related to other principal uses on the same property.
PUBLIC WATERS. Any waters as defined in M.S. § 103G.005, subd. 15, 15a, as it may be
amended from time to time.
REACH (IN RELATION TO FLOODPLAINS). A hydraulic engineering term to describe a
longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings would most typically
constitute a reach.
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REAL ESTATE OFFICE/MOBILE SALES HOME. A dwelling temporarily used as a sales office
for a residential development under construction for on-site sales.
RECREATIONAL VEHICLE CAMP SITE. A lot or parcel of land occupied or intended for
occupancy by recreational vehicles for travel, recreational, or vacation usage for short periods of stay
subject to the provisions of this chapter.
RECYCLING AND SALVAGE CENTER. A facility engaged solely in the storage, processing,
resale, or reuse of recyclable and recovered materials.
REGIONAL FLOOD. A flood which is representative of large floods known to have occurred
generally in Minnesota and reasonably characteristic of what can be expected to occur on an average
frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the
term "base flood" used in the flood insurance study.
REGULATORYFLOOD PROTECTION ELEVATION. The regulatory flood protection elevation
shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases
in flood elevation caused by encroachments on the floodplain that result from designation of a floodway.
REPAIR ESTABLISHMENT. An establishment primarily engaged in the provision of repair
services for TV's, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and office
equipment; including tailor; locksmith; and upholsterer.
RESTAURANT. An establishment where meals or prepared food, including beverages and
confections, are served to customers for consumption on or off the premises. Such a facility may include
indoor and outdoor seating and/or drive through services.
RETAIL COMMERCIAL USES (OTHER). A commercial land use where the establishment is
primarily engaged in the sale of goods and materials to the general public, accepts payment or orders
for, and delivers to the end user a good or service. Elements of the retail business include stock -in -trade
held on the premises in the case of goods or provides a service to the end user on the premises. Retail
businesses may arrange for delivery of a good rather than deliver the good concurrent with the
transaction, or may accept payment or orders electronically in advance, for delivery of the good or
service in person at a later date. Retail commercial uses do not include those business engaged primarily
in delivery of goods for further treatment or finishing, or the sale of goods to businesses for subsequent
resale, sale of goods from moveable motorized vehicles, or medical clinics. Where the Zoning Ordinance
establishes a separate class of use for a specific business, such business shall be subject to the specific
regulations applicable to such use.
RETAIL SERVICE. A retail service establishment is a form of retail business that creates a product
of value (either good or service) on site and delivers said good or service to the end user on site.
Examples of retail services include businesses which fabricate and/or craft creative goods on site and
both display and sell such goods to the end user at the retail location such as artist studios, bicycle shops,
photography studios or similar uses. Where the Zoning Ordinance establishes a separate class of use for
a specific business, such business shall be subject to the specific regulations applicable to such use.
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RIVER, AGRICULTURAL. Rivers that run through intensively cultivated areas, mainly in the
southern and western area of Minnesota.
RIVER, FORESTED. Rivers that are in forested, sparsely to moderately populated areas with some
roads; typically found in northeast, southwest and north -central Minnesota
RIVER, REMOTE. Rivers that are primarily in roadless, forested, sparsely populated areas in
northeastern Minnesota.
RIVER, TRANSITION. Rivers that are in a mixture of cultivated, pasture and forest lands.
RIVER, TRIBUTARY. Rivers in the Protected Public Waters Inventory that are not classified by
the DNR as an agricultural, forested, remote or transition river.
ROOF. The exterior surface and its supporting structure on the top of a building or structure. The
structural makeup of which conforms to the roof structures, roof construction and roof covering sections
of the International Building Code.
ROOT ZONE. The area inside the dripline of a tree that contains its roots.
SCHOOL, HIGHER EDUCATION. A public or private non-profit institution for post -secondary
education or a public or private school offering vocational or trade instruction to students. Such
educational institutions operate in buildings or structures on land leased or owned by the educational
institution for administrative purposes. Such uses include classrooms, vocational training (including that
of an industrial nature for instructional purposes only), laboratories, auditoriums, libraries, cafeterias,
after school care, athletic facilities, dormitories, and other facilities that further the educational mission
of the institution.
SCHOOL, PRE -K-12. A public or private school offering general, technical, or alternative
instruction at the elementary, middle, or high school level that operates in buildings or structures on land
leased or owned by the educational institution for administrative purposes. Such uses include classrooms,
vocational training (including that of an industrial nature for instructional purposes only in middle or
high schools), laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities,
dormitories, and other facilities that further the educational mission of the institution.
SCROLLING TEXT. A type of dynamic sign movement in which the letters or symbols move
horizontally across the sign in a continuous scroll, permitting a viewer to observe the message over time.
Scrolling shall not include flashing or other types of video movement.
SEDIMENT. The product of an erosion process; solid material both mineral and organic, that is
in suspension, is being transported, or has been moved by water, air or ice, and has come to rest on the
earth's surface either above or below water level.
SEDIMENT CONTROL. Measures and methods employed to prevent sediment from leaving the
site.
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SELF -STORAGE FACILITY. A building or group of buildings that contains equal or varying sizes
of individual, compartmentalized, and controlled access stalls or lockers for the storage of residential
or commercial customer's goods or wares.
SEMIPUBLIC USE. The use of land by a private, nonprofit organization to provide a public service
that is ordinarily open to some persons outside the regular constituency of the organization.
SENIOR HOUSING. A multiple -family structure, 80 % of whose occupants shall be 65 years of age
or over, or a multiple -family structure where each unit is occupied by at least one person who is 55 years
of age or over and is retired. The facility may include common areas for the congregation of occupants
for activities or meals. Senior housing shall typically consist of multiple -household attached dwellings,
but may include detached dwelling units as part of a wholly owned and managed senior project.
SENSITIVE RESOURCE MANAGEMENT. The preservation and management of areas unsuitable
for development in their natural state due to constraints such as shallow soils over groundwater or
bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora
or fauna in need of special protection.
SETBACK. The horizontal distance between a structure and the lot lines of the lot on which it is
located; or the minimum horizontal distance between a structure, sewage treatment system or other
facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway,
property line, or other facility.
SEWAGE TREATMENT SYSTEM. a septic tank and soil absorption system or other individual or
cluster type sewage treatment system as described and regulated in Minn. Rules Chapter 7080.
SEWER SYSTEM. Pipelines or conduits, pumping stations, and force main, and all other
construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or
other wastes to a point of ultimate disposal.
SHADE TREE. A tree planted or valued chiefly for its shade from sunlight; this term usually
applies to large trees with spreading canopies.
SHELTER, FALLOUT. An accessory building specifically designed and used for the protection of
life from radioactive fallout.
SHELTER, STORM. An accessory building specifically designed and used for the protection of life
from weather events.
SHOPPING CENTER. An integrated grouping of commercial stores under single ownership or
control. See also RETAIL COMMERCIAL USES.
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 50% of the required structure setback.
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SHORELAND. Land located within the following distances from public water:
(1) One thousand feet from the ordinary high water mark of a lake, pond, or flowages.
(2) Three hundred feet from a river or stream, or the landward extent of a floodplain designated
by ordinance on such river or stream, whichever is greater. The limits of shorelands may be reduced
whenever the waters involved are bounded by topographic divides that extend landward from the waters
for lesser distances and when approved by the Commissioner of the Department of Natural Resources
or the commissioner's designated representative.
(3) The area included in the recreational land use districts for the Mississippi River as defined
in Minn. Rules Chapter 6105.0800-0950.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems emerging from the
ground, or small branches near the ground. Shrubs may be deciduous or evergreen.
SIDEWALK SALES AND DISPLAY, OUTDOOR. Outdoor sale and display, conducted as an
accessory, incidental activity by the proprietor, of products normally sold inside a retail establishment,
subject to the limitations identified in this chapter.
SIGN. Any letter, word or symbol, poster, picture, statuary, reading matter or representation in the
nature of advertisement, announcement, message or visual communication, whether painted, posted,
printed, affixed or constructed, including all associated brackets, braces, supports, wires and structures,
which is displayed for informational or communicative purposes.
SIGN FACE. The surface of the sign upon, against, or through which the message of the sign is
exhibited.
SIGN STRUCTURE. Any structure including the supports, uprights, bracing and framework which
supports or is capable of supporting any sign.
SIGN, ABANDONED. Any sign and/or its supporting sign structure which remains without a
message or whose display surface remains blank for a period of one year or more, or any sign which
pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned.
Signs applicable to a business temporarily suspended because of a change in ownership or management
of such business shall not be deemed abandoned unless the property remains vacant for a period of one
year or more. Any sign remaining after demolition of a principal structure shall be deemed to be
abandoned. Where a sign has received a special permit or other city approval, such approval shall run
with the principal use of the property, and such a sign shall be considered to be abandoned under this
definition when it meets the conditions specified in this section, notwithstanding the prior special
approval.
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SIGN, AREA. A sign identifying a series of related parcels or uses, rather than a specific parcel or
use.
SIGN, AREA IDENTIFICATION. A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex consisting of three or more
structures, a shopping center consisting of five or more separate business concerns, an industrial area,
an office complex consisting of three or more structures, or any combination of the above located on
contiguous property.
SIGN, AWNING. A building sign or graphic printed on or in some fashion attached directly to the
awning material.
SIGN, BALLOON. A sign consisting of a bag made of lightweight material supported by helium,
hot, or pressurized air which is greater than 24 inches in diameter.
SIGN, BILLBOARD. See OFF -PREMISES SIGN.
SIGN, BUILDING. Any sign attached or supported by any building.
SIGN, CANOPY. Any sign that is part of or attached to a canopy, made of fabric, plastic, or
structural protective cover over a door or entrance. A canopy sign is not a marquee and is different from
service area canopy signs.
SIGN, CHANGEABLE COPY. A sign or portion thereof that has a reader board for the display of
text information in which each alphanumeric character, graphic or symbol is defined by objects not
consisting of an illumination device and may be changed or rearranged manually or mechanically with
characters, illustrations, letters or numbers that can be changed or rearranged without altering the face
or surface of the sign structure.
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SIGN, CHANGEABLE COPY (ELECTRONIC). A sign or portion thereof that displays electronic,
non -pictorial text information in which each alphanumeric character, graphic, or symbol is defined by
a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber
optics, light bulbs or other illumination devices within the display area. Electronic changeable copy signs
include computer programmable, microprocessor controlled electronic displays. Electronic changeable
copy signs include projected images or messages with these characteristics onto buildings or objects.
Electronic changeable copy signs do not include official signs. Electronic changeable copy signs may
also be dynamic display signs if the definition of dynamic display sign is met.
SIGN, DYNAMIC DISPLAY. Any characteristics of a sign that appear to have movement or that
appear to change, caused by any method other than physically removing and replacing the sign or its
components, whether the apparent movement or change is in the display, the sign structure or any other
component of the sign. This includes displays that incorporate technology or methods allowing the sign
face to change the image without having to physically or mechanically replace the sign face or its
components as well as any rotating, revolving, moving, flashing, blinking or animated display and any
display that incorporates rotating panels, LED lights manipulated through digital input, digital ink or any
other method or technology that allows the sign face to present a series of images or displays. All
dynamic displays are changeable copy signs, but not all changeable copy signs are dynamic displays.
SIGN, ELECTRONIC GRAPHIC DISPLAY. A sign or portion thereof that displays electronic,
static images, static graphics or static pictures, with or without text information, defined by a small
number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics,
light bulbs or other illumination devices within the display area where the message change sequence is
accomplished immediately or by means of fade, repixalization or dissolve modes. Electronic graphic
display signs include computer programmable, microprocessor controlled electronic or digital displays.
Electronic graphic display signs include projected images or messages with these characteristics onto
buildings or other objects.
SIGN, FLASHING. A directly or indirectly illuminated sign or portion thereof that exhibits
changing light or color effect by any means, so as to provide intermittent illumination that changes light
intensity in sudden transitory bursts and creates the illusion of intermittent flashing light by streaming,
graphic bursts showing movement, or any mode of lighting which resembles zooming, twinkling or
sparkling.
SIGN, FREESTANDING. Any sign which has supporting framework that is placed on, or anchored
in, the ground and which is independent from any building or other structure.
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Monticello - Land Usage
SIGN, HEIGHT OF. The height of the sign shall be computed as the vertical distance measured
from the crown of the adjacent street surface at centerline to the top of the highest attached component
of the sign.
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SIGN, IDENTIFICATION. Signs in all districts which identify the business or owner, or manager,
or resident, and set forth the address of the premises where the sign is located and which contain no other
material.
SIGN, ILLUMINATED. Any sign which contains an element designed to emanate artificial light
internally or externally.
SIGN, MARQUEE. Any building sign painted, mounted, constructed or attached in any manner,
on a marquee.
SIGN, MONUMENT. Any freestanding sign with its sign face mounted on the ground or mounted
on a base at least as wide as the sign and which has a total height not exceeding 14 feet.
SIGN, MULTI -VISION. Any sign composed in whole or part of a series of vertical or horizontal
slats or cylinders that are capable of being rotated at intervals so that partial rotation of the group of slats
or cylinders produces a different image and when properly functioning allows on a single sign structure
the display at any given time one of two or more images.
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SIGN, OFF -PREMISES. A commercial speech sign which directs the attention of the public to a
business, activity conducted, or product sold or offered at a location not on the same lot where such sign
is located. For purposes of the Sign Ordinance, easements and other appurtenances shall be considered
to be outside such lot and any sign located or proposed to be located in an easement or other
appurtenance shall be considered an off -premises sign.
SIGN, OFFICIAL. Signs of a public noncommercial nature including public notification signs,
safety signs, traffic signs, direction to public facilities when erected by or on behalf of a public official
or employee in the performance of official duty - See also "Public Sign".
SIGN, POLE. See PYLON SIGN.
SIGN, PORTABLE. Any sign which is manifestly designed to be transported, including by trailer
or on its own wheels, even though the wheels of such sign may be removed and the remaining chassis
or support is converted to another sign or attached temporarily or permanently to the ground since this
characteristic is based on the design of such a sign.
SIGN, PROJECTING. Any sign which is affixed to a building or wall in such a manner that its
leading edge extends more than two feet beyond the surface of such building or wall face.
SIGN, PUBLIC. Any sign posted by a governmental agency of a public, noncommercial nature, to
include signs indicating scenic or historical points of interest, memorial plaques, and the like, and signs
for civic interest groups within the City of Monticello when signs are erected by or on order of a public
officer or employee in the performance of official duty - see also OFFICIAL SIGN.
SIGN, PYLON. Any freestanding sign which has its supportive structure(s) anchored in the ground
and which has a sign face elevated above ground level by pole(s) or beam(s) and with the area below the
sign face open.
SIGN, ROOF. Any sign erected and constructed wholly on and above the roof of a building,
supported by the roof structure, and extending vertically above the highest portion of the roof.
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118 Monticello - Land Usage
SIGN, ROOF SIGN, INTEGRAL. Any building sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any design, so that no part of the sign extends
vertically above the highest portion of the roof and so that no part of the sign is separated from the rest
of the roof by a space of more than six inches.
SIGN, ROTATING SIGN. A sign or portion of a sign which turns about on an axis.
SIGN, SANDWICH BOARD. A sign placed near the entrance of a business, usually on the public
or private sidewalk, advertising particular aspects of the business goods or services.
SIGN, SHIMMERING. A sign which reflects an oscillating sometimes distorted visual image.
SIGN, SUSPENDED. Any building sign that is suspended from the underside of a horizontal plane
surface and is connected to such surface.
SIGN, TEMPORARY. Any sign which is erected or displayed for a specified period of time,
including, but not limited to, banners, search lights, portable signs, streamers, pennants, inflatable
devices.
SIGN, TIME AND TEMPERATURE. A sign that displays only current time and temperature
information.
SIGN, VIDEO DISPLAY. A sign that changes its message or background in a manner or method
of display characterized by motion or pictorial imagery, which may or may not include text and depicts
action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a
progression of frames that gives the illusion of motion, including, but not limited to, the illusion of
moving objects, moving patterns or bands of light, or expanding or contracting shapes, not including
electronic changeable copy signs. Video display signs include projected images or messages with these
characteristics onto buildings or other objects.
SIGN, WALL. Any building sign attached parallel to, but within two feet of a wall, painted on the
wall surface of, or erected and confined within the limits of an outside wall of any building or structure,
which is supported by such wall or building, and which displays only one sign surface.
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SIGN, WINDOW. Any building sign, picture, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale, or service, that is placed
inside a window or upon the windowpanes or glass and is visible from the exterior of the window.
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 unplatted cemetery that falls under the provisions
of M.S. § 307.08, as it may be amended from time to time. 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. All unplatted
cemeteries are automatically considered to be significant historic sites.
SITE LANDSCAPING. Required vegetative material consisting of trees and shrubs that are placed
on a development site to soften built edges and provide transitions (see § 153.060(H)).
SLOPE. Means the degree of deviation of surface from the horizontal, usually expressed in percent
or degrees.
SOLAR ENERGY. Radiant energy (direct, diffuse, and reflected) received from the sun.
SOLAR ENERGY SYSTEM. A set of devices whose primary purpose is to collect solar energy and
convert and store it for useful purposes including heating and cooling buildings or other energy -using
processes, or to produce generated power by means of any combination of collecting, transferring, or
converting solar -generated energy. Solar energy systems are allowed only as accessory structures in any
zoning district other than Planned Unit Development Districts, subject to the requirements of § 153.092.
SPECIAL EVENT. An event which plans for or can reasonably expect to attract more than 100
persons at any one time such as cultural events, musical events, celebrations, festivals, fairs, carnivals,
etc.
SPECIALTY EATING ESTABLISHMENTS. Establishments selling specialty food items that
normally do not constitute a full meal, including but not limited to: ice cream parlors, dessert cafes,
snack shops, juice and coffee houses, and bakeries.
SPEECH, COMMERCIAL. Speech advertising a business, profession, commodity, service or
entertainment.
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SPEECH, NON-COMMERCIAL. Dissemination of messages not classified as commercial speech
which include, but are not limited to, messages concerning political, religious, social, ideological, public
service and informational topics.
STABLE. A building in which horses are sheltered; may be accessory to a residential or other use
or a freestanding principal use.
STABILIZATION/STABILIZED. The exposed ground surface has been covered by appropriate
materials such as mulch, staked sod, riprap, wood fiber blanket, or other material that prevents erosion
from occurring. Grass seeding is not stabilization.
STABLIZED. The exposed ground surface after it has been covered by appropriate materials such
as mulch, staked sod, riprap, wood fiber blankets, or other material that prevents erosion from
occurring. Grass seeding is not considered stabilized until it has established and meets the definition of
final stabilization.
START OF CONSTRUCTION. The first land -disturbing activity associated with a development,
including land preparation such as clearing, grading, excavation and filling;
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 chapter.
Where specific information is not available, steep slopes are lands having average slopes over 12%, as
measured over horizontal distances of 50 feet or more, which are not bluffs.
STORMWATER. Defined and shall have the meaning given to it by Minn. Rules 7077.0105, subp.
41(b) .
STORMWATER POLLUTION PREVENTION PLAN (SWPPP). A plan for stormwater discharge
that includes erosion prevention measures and sediment controls that, when implemented, will minimize
soil erosion on a parcel of land and minimize off-site nonpoint pollution to the maximum extent
practicable.
STORY. See § 153.010(B)(5).
STREET FRONTAGE. See § 153.010(B)(1)(f).
STRUCTURE. Anything constructed, installed, or portable, the use of which requires a location on
a parcel of land. This includes a fixed or movable building which can be used for residential, business,
commercial, or office purposes, either temporarily or permanently. STRUCTURE also includes, but is
not limited to, swimming pools, tennis courts, signs, sheds, docks, and similar accessory construction.
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Zoning 121
STRUCTURE, PUBLIC. A building or edifice of any kind which is owned or rented, and operated
by a federal, state, or local government agency.
SUBDIVISION. Any real estate, wherever located, improved or unimproved, which is divided or
proposed to be divided for the purpose of sale or lease, including sales or leases of any timeshare
interest, unit in a common interest community, or similar interest in real estate.
SURFACE WATER OR WATERS. All streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, wells, reservoirs, aquifers, irrigation
systems and all other bodies or accumulations of water, surface or underground, natural or artificial,
public or private.
SURFACE WATER -ORIENTED COMMERCIAL USE. The use of land for commercial purposes,
where access to and use of a surface water feature is an integral part of the normal conductance of
business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use.
SWIMMING POOL. A structure, whether above or below grade level, designed to hold water more
than 24 inches deep to be used for recreational purposes
TAPROOM. A room that is ancillary to the production of beer at a production brewery where the
public can purchase and /or consume only the beer produced on site.
TARP GARAGE. A portable or permanently anchored structure defined mainly by a steel or PVC
frame over which a cover made from plastic, tarp, or other similar type fabrics or materials is placed.
TATTOO, TATTOOING. Any method of placing designs, letters, scrolls, figures, symbols or any
other mark upon, under or in the skin with ink or any other substance resulting in the coloration of the
skin by the aid of needles or any other instruments which puncture any portion of the skin to any degree.
TELECOMMUNICATION TOWER. Any structure that is designed and constructed primarily for
the purpose of supporting one or more antennas.
TEMPORARY EROSION PROTECTION. Short term methods employed to prevent erosion.
Examples of these methods include: straw, wood fiber blanket, wood chips and erosion netting.
TEMPORARY MOBILE CELL SITE. Any mobile tower, pole, or structure located on a trailer,
vehicle, or temporary platform intended primarily for the purpose of mounting an antenna or similar
apparatus for personal wireless services, also commonly referred to as cellular on wheels (COW).
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122 Monticello - Land Usage
TOE OF BLUFF. The lower point of a 50 -foot segment with an average slope exceeding 18 %.
TOP OF BLUFF. The higher point of a 50 -foot segment with an average slope exceeding 18 %.
TOTAL SITE SIGNAGE. The maximum permitted combined area of all signs allowed on a specific
lot.
TOWNHOUSES. A single-family dwelling unit constructed in a group of two or more attached units
in which each unit extends from the foundation to the roof and having open space on at least two sides
of each unit. Each single-family dwelling unit shall be considered to be a separate building. No single
structure shall contain in excess of eight dwelling units, and each dwelling unit shall have separate and
individual front and rear entrance.
TRASH HANDLING AND RECYCLING COLLECTION AREA. Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi -family home
sites, civic and institutional uses, office uses, commercial uses, and industrial uses. This definition does
not include trash and recycling containers associated with single-family dwellings, or townhome units
which do not utilize a communal location for trash and recycling.
TREE, CANOPY. A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL. A small tree that has high visual impact typically grown for the beauty
of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN. Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of ten inches or more that is not exempted as a specimen tree by this
chapter.
TREE, UNDERSTORY. A tree that has an expected height at maturity of no greater than 30 feet.
TREE SAVE AREA. The area around a specimen tree that extends one linear foot around the tree's
dripline.
TRASHHANDLING AND RECYCLING COLLECTIONAREA. Areas containing large dumpsters
or compactors used to temporarily store trash and recycling materials prior to a regularly scheduled pick
up. Such facilities are typically associated with multi -family buildings of more than four units,
commercial operations and industrial sites.
TRUCK OR FREIGHT TERMINAL. A use where buses, trucks, and cargo are stored, where
loading and unloading is carried on regularly, and where minor maintenance of these types of vehicles
is performed. This use includes warehousing and distribution which entails transfer of goods and
materials from trucks to a building, where the primary use is the storage of trucks and distribution and
vice versa, and may or may not involve repackaging of such goods for transfer. Such use may also entail
transfer of full trailers from one truck to another.
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123
UNDERSTORY TREE. A tree that has an expected height at maturity of no greater than 30 feet.
UPLAND. Means all lands at an elevation above the ordinary high water mark.
USE. The purpose or activity for which the land or building thereon is designated, arranged, or
intended, or for which it is occupied, utilized, or maintained, and shall include the performance of such
activity as defined by the performance standards of this chapter.
UTILITIES - MAJOR. Major utilities shall include the following:
(1) Public infrastructure services providing regional or community -wide service that have
regular employees on site during common working hours, and entail the construction of new buildings
or structures such as waste treatment plants, potable water treatment plants, and solid waste facilities.
(2) Commercial wind energy conversion systems (public or private).
(3) Electrical substations.
VARIANCE. The waving by board action of the literal provisions of the zoning ordinance in
instances where their strict enforcement would cause undue hardship because of physical circumstances
unique to the individual property under consideration.
VEGETATION. Means the sum total of plant life in some area, or a plant community with
distinguishable characteristics.
VEGETATION, NATIVE. Any indigenous tree, shrub, ground cover or other plant adapted to the
soil, climatic, and hydrographic conditions occurring on the site.
VEHICLE, EMERGENCY. For the purpose of evaluating vehicles which may be parked in
residential areas, the term emergency vehicle shall include ambulances, police and sheriff's department
vehicles, fire protection vehicles, emergency towing vehicles, and other law enforcement vehicles.
VEHICLE, PASSENGER. A vehicle capable of moving under its own power which is licensed and
operable for use on public roadways, and shall include the following vehicles: Passenger automobiles,
pick-up trucks and sport -utility vehicles of less than 9,000 pounds gross vehicle weight, pick-up trucks
and sport -utility vehicles of between 9,000 pounds and 13,000 pounds with no visible commercial
messages, commuter vans of a capacity up to 16 persons, and motorcycles.
VEHICLE, RECREATIONAL.
(1) A vehicle that is used primarily for recreational or vacation purposes, and which is licensed
and operable for use on public roadways, whether self-propelled, carried on, or towed behind a
self-propelled vehicle.
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(2) Operable recreational equipment that is not licensed for used on the public roadway, but
used off-road, such as all -terrain vehicles, boats, off-road motorcycles, race vehicles, snowmobiles, or
similar equipment. Such equipment shall be properly licensed if the State of Minnesota provides for such
licensing.
(3) Licensed, operable trailers which may be used to tow recreational equipment, whether such
trailers are loaded or unloaded, including utility trailers. Where a trailer is loaded with recreational
equipment, such trailer and equipment shall be considered to be one piece of equipment for the purposes
of this section.
VEHICLE, LARGE COMMERCIAL. A vehicle used for commercial purposes which is a
semi -tractor and/or semi -trailer, dump truck, or any other commercial vehicle that does not qualify under
the definition of a "small commercial vehicle".
VEHICLE, SMALL COMMERCIAL. A vehicle used primarily for commercial purposes, including
pick-up trucks and sport -utility vehicles larger than 9,000 pounds gross vehicle weight, but less than
13,000 pounds gross vehicle weight which display a commercial business message, and all other
commercial vans or trucks, regardless of commercial message which are no greater than any of the
following dimensions: 22 feet in length, eight feet in height, and eight and one-half feet in width.
VEHICLE FUEL SALES.
(1) Buildings and premises where gasoline, oils and greases, batteries, tires and automobile
accessories may be supplied and dispensed at retail (or in connection with a private operation where the
general public is excluded from use of facilities), and where in addition, the following services may be
rendered and sales made, and no other:
(a) "Automotive repair - minor" as defined by this chapter;
(b) Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for
filling station customers, as accessory and incidental to principal operation;
(c) Provision of road maps and other informational material to customers; and
(d) Provision of restroom facilities, but not including showers.
(2) Uses permissible at a vehicle fuel sales establishment do not include "automobile repair -
major" as defined by this chapter, major mechanical and body work, straightening of body parts,
painting, welding, storage of automobiles not in operating condition, or other work involving noise,
glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations.
Vehicle fuel sales establishments are intended for the servicing and delivery of goods to passenger
vehicles and small commercial vehicles. Facilities for sales to large trucks may be included, but shall
not include activities that would constitute uses most commonly found at a truck stop, such as showers,
truck washes, truck parking or truck storage for more than temporary periods necessary to purchase and
pay for retail goods.
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VEHICLE SALES OR RENTAL. Establishments primarily engaged in the retail sale of new and
used -in operating condition -automobiles, noncommercial trucks, motor homes, recreational vehicles or
farm machinery; including incidental storage, maintenance, and servicing.
VEHICULAR USE AREA LANDSCAPING, INTERIOR. Vegetative material, structures (walls
or fences), berms, and associated ground cover located within the interior of a parking lot, or other
vehicular use area for the purposes of providing visual relief and heat abatement (see § 153.060(F)).
VEHICULAR USEAREA LANDSCAPING, PERIMETER. Vegetative material, structures (walls
or fences), berms, and associated ground cover located around the perimeter of a parking lot, or other
vehicular use area when such areas are adjacent to a street right-of-way or land in a residential district
or residentially developed lands, used property for the purposes of screening the vehicular use area from
off-site views (see § 153.0604.1(F)).
VETERINARY FACILITIES - NEIGHBORHOOD. An establishment for licensed practitioners
engaged in practicing veterinary medicine, dentistry, or surgery for small household pets only.
VETERINARY FACILITIES - RURAL. An establishment for licensed practitioners engaged in
practicing veterinary medicine, dentistry, or surgery for all animals.
VISIBLE. Capable of being seen by a person of normal visual acuity (whether legible or not)
without visual aid.
WALL. Any structure which defines the exterior boundaries or courts of a building or structure and
which has a slope of 60 degrees or greater with the horizontal plane.
WASTE DISPOSAL AND INCINERATION. A use which focuses on the disposal by abandonment,
dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse,
junk, discarded machinery, vehicles or parts thereof, or nontoxic waste material of any kind.
WATER BODY. Means a body of water (lake, pond) in a depression of land or expanded part of
a river, or an enclosed basin that holds water and surrounded by land.
WATER-ORIENTEDACCESSORYSTRUCTURE OR FACILITY. A small, above ground building
or other improvement, except stairways, fences, docks, and retaining walls, which, because of the
relationship of its use to a surface water feature, reasonably needs to be located closer to public waters
than the normal structure setback. Examples of such structures and facilities include boathouses,
gazebos, screen houses, fish houses, pump houses, and detached decks.
WATERCOURSE. Means a channel or depression through which water flows such as rivers,
streams, or creeks and may flow year-round or intermittently.
WATERSHED. The area drained by the natural and artificial drainage system bounded peripherally
by a bridge or stretch of high land dividing drainage areas.
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WATERWAY. A channel that directs surface runoff to a watercourse or to the public storm drain.
WAYSIDE STAND. A temporary structure or vehicle used for the seasonal retail sale of agricultural
goods produced by the operator of the wayside stand; the stand being clearly a secondary use of the
premises which does not change the character thereof.
WETLANDS.
(1) Lands transitional between terrestrial and aquatic systems where the water table is usually
at or near the surface or the land is covered by shallow water. For purposes of this chapter, wetlands
must:
(a) Have a predominance of hydric soils;
(b) Be inundated or saturated by surface water or groundwater at a frequency and duration
sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil
conditions; and
(c) Under normal circumstances, support a prevalence of hydrophytic vegetation.
(2) "A wetland" or "the wetland" means a distinct hydrologic feature with characteristics of
item A, surrounded by non -wetland and including all contiguous wetland types, except those connected
solely by riverine wetlands. "Wetland area" means a portion of a wetland or the wetland.
(3) Wetlands do include public waters wetlands unless reclassified as shoreland by the
commissioner under M.S. § 103G.201, as it may be amended from time to time.
(4) The wetland size is the area within its boundary. The boundary must be determined
according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987).
The wetland type must be determined according to Wetlands of the United States, (1971 edition). Both
documents are incorporated by reference under part 8420.0112, items A and B. The local government
unit may seek the advice of the technical evaluation panel as to the wetland size and type.
WETLANDS, EXCEPTIONAL QUALITY. Exceptional quality wetlands contain an abundance of
different plant species with dominance evenly spread among several species. Such wetlands may support
some rare or unusual plant species. Invasive or exotic plant species are either absent or limited to small
areas where some disturbance has occurred. This higher level of plant species variety generally provides
high wildlife habitat value and may also support rare wildlife species. The shorelines of exceptional
quality wetlands are natural and unaffected by erosion. These wetlands exhibit no evidence of significant
man induced water level fluctuation. Exceptional quality wetlands provide excellent water quality
protection, high aesthetic quality, and provide excellent opportunities for educational and scientific
activities within the community.
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WETLANDS, HIGH QUALITY. High quality wetlands are still generally in their natural state and
tend to show less evidence of adverse effects of surrounding land uses. Exotic and invasive plant species
may be present and species dominance may not be evenly distributed among several species, however,
a minimum of 20 different species can be found within the basin. There tends to be little evidence of
water level fluctuation due to storms and their shorelines are stable with little evidence of erosion. The
combination of these factors result in these wetlands being judged as providing a greater level of water
quality protection and significantly better wildlife habitat. They show little if any evidence of human
influences and their greater levels of species variety, wildlife habitat and ecological stability results in
higher aesthetic quality. These characteristics also offer opportunities for educational or scientific value
to the community.
WETLANDS, LOW QUALITY. Wetlands included in this category have been substantially altered
by agricultural or urban development that caused over nutrification, soil erosion, sedimentation and
water quality degradation. As a result of these factors, these wetlands exhibit low levels of plant species
and a related reduction in the quality of wildlife habitat. These wetlands may also tend to exhibit extreme
water level fluctuations in response to storms and show evidence of shoreline erosion. While these
wetlands do provide for water quality and serve an important role in protecting water quality
downstream, the combination of these characteristics cause these wetlands to provide low levels of water
quality protection and to have poor aesthetic quality. They often exhibit evidence of significant human
influences and they are deemed to be of little educational or scientific value to the community.
WETLANDS, MEDIUM QUALITY. Medium quality wetlands have a slightly higher number of
plant species present than low quality wetlands, often with small pockets of indigenous species within
larger areas dominated by invasive or exotic species. Their relatively greater species variety results in
slightly better wildlife habitat. They exhibit evidence of relatively less fluctuation in water level in
response to storms and less evidence of shoreline erosion. As a result of these characteristics, these
wetlands provide somewhat better water quality protection. They also exhibit relatively less evidence of
human influences and therefore, tend to be of a higher aesthetic quality. These wetlands are still judged
to be of limited educational or scientific value to the community.
WETLAND BUFFER. An area of non -disturbed ground cover abutting a wetland left undisturbed
to filter sediment, materials, and chemicals.
WHOLESALE SALES. Establishments or places of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or professional business users; or to
other wholesalers. Wholesale establishment does not include contractor's materials or office or retail
sales of business supplies/office equipment.
WHOLESALER. Any person engaged in the business of selling alcoholic beverages to retail dealers.
WILDLIFE. All free living animals.
WIND ENERGY CONVERSION SYSTEM (WECS). A wind -driven machine that converts wind
energy into electrical power for the primary purpose of resale or off-site use.
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WINE. The product made from the normal alcoholic fermentation of grapes, including still wine,
sparkling and carbonated wine, wine made from condensed grape must, wine made from other
agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider,
sherry and sake, in each instance containing not less than one half of 1 % nor more than 24 % alcohol by
volume for nonindustrial use.
WRECKER AND TOWING SERVICE. An establishment operated for the purpose of temporary
storage onsite of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days.
If an establishment has ten or more inoperable vehicles located on-site, stores inoperable vehicles for
more than 90 days, stacks vehicles top to bottom, or portions of the vehicles are dismantled or removed
for sale, it shall be considered a junkyard.
YARD. See § 153.010(B)(3)(a). YARD related definitions (e.g. front yard, corner yard, side yard,
etc) see section § 153.010(B)(3)(a)7.
(Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022)
APPLICATION REVIEWS AND PROCEDURES
§ 153.025 PURPOSE.
The purpose of this chapter is to identify all decision-making bodies responsible for the review of
applications, the common review requirements for all applications, and the specific requirements and
review procedures for various application types.
§ 153.026 SUMMARY OF DECISION-MAKING AND REVIEW BODIES.
(A) Summary table of decision-making and review bodies.
(1) Table 2-1 summarizes the general review and decision-making responsibilities of the city
entities that have roles in the procedures set forth in this chapter. Other duties and responsibilities of the
entities are set forth in subsequent sections of this chapter or elsewhere within the Monticello City Code.
The city may require any and all review bodies to examine specific applications as deemed appropriate
by the Community Development Department or City Council.
(2) The city may request other boards, commissions, government agencies, and
non-government agencies to review some applications as deemed appropriate prior to any final ruling
on such applications.
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129
TABLE 2-1: SUMMARY OF THE ROLES OF DECISION-MAKING BODIES
H=Hearing (public hearing required)
A = Appeal
D = Decision (responsible for final decision)
R =Recommendation (responsible for review and a recommendation)
* =Will take action only if necessary for a specific application or circumstance
Procedure
Section
Community
IEDC Park &
Planning
City
Board of
Development
& Recreation
Commission
Council
Adjustment
Department
EDA Commission
and
[I]
Appeals
Comp. Plan
§ 153.028(A)
R
H -R
D
Amendment
Zoning
§ 153.028(B)
R
HR
D
Map/Text
Amendment
Variance
§ 153.028(C)
R
A
D
Conditional Use
§ 153.028(D)
R
H -R
D
Permit
Interim Use
§ 153.028(E)
R
H -R
D
Permit
Site Plan Review
§ 153.028(F)
D
*CCD Only
A
Joint Concept
*CCD Only
*CCD
Review
Only
Administrative
§ 153.028(G)
D
A
Adjustments
Administrative
§ 153.028(H)
R
A
D
Appeal
Building Permits
§ 153.028(I)
D
A
A
Certificates of
§ 153.028(J)
D
Occupancy
A
Sign Permit
§ 153.028(K)
D
Temporary Use
§ 153.028(L)
D
A
Permit
Home
§ 153.028(M)
D
A
Occupation
Permit
Grading Permit
§ 153.028(N)
D
A
Driveway Permit
§ 153.028(0)
D
A
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TABLE 2-1: SUMMARY OF THE ROLES OF DECISION-MAKING BODIES
H=Hearing (public hearing required)
A = Appeal
D=Decision (responsible for final decision)
R=Recommendation (responsible for review and a recommendation)
*=Will take action only if necessary for a specific application or circumstance
Procedure
Section
Community
IEDC
Park &
Planning
City
Board of
Development
&
Recreation
Commission
Council
Adjustment
Department
EDA
Commission
and
[I]
Appeals
Planned Unit
§ 153.028(0)
R
H -R
D
Development
Subdivisions
City Code
R
R
H -R
D
A
[11 Industrial & Economic Development Committee (IEDC) and the Economic Development Authority (EDA)
(B) City Council. In addition to any other authority granted to the City Council by the City Code
(Chapter 30) or state law, the City Council shall have the following powers and duties related to this
chapter:
(1) To enact amendments to the Comprehensive Plan, the text of this chapter, and Zoning Map.
(2) To hear, review, and make decisions on all Land Use Applications submitted to the city.
(C) Planning Commission.
(1) Establishment, membership, rules and procedures. The establishment, membership, rules
and procedures for the Planning Commission are established in §§ 32.001 through 32.012.
(2) Powers and duties. In addition to any other authority granted to the Planning Commission
by the City Code, the Planning Commission shall have the following additional powers and duties related
to this chapter:
(a) Comprehensive Plan Amendments, Zoning Map Amendments, and Zoning Text
Amendments.
1. To initiate amendments to the Comprehensive Plan, the text of this chapter, the
Official Zoning Map (rezoning of property), or other sections of the Monticello City Code; and
2. To hear, review, and make recommendations to the City Council on applications
for amendments to the Comprehensive Plan, the text of this chapter or zoning map amendments.
(b) Land use applications. To hear, review, and make recommendations on the following
Land Use Applications before the city:
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1. Comprehensive Plan amendment;
2. Zoning Map amendment;
3. Zoning chapter text amendment;
4. Conditional use permit;
5. Interim use permit; and
6. Planned unit development.
131
(c) Other. To exercise such other powers, and perform such other duties, as are reasonable
or necessary as provided by law.
(D) Parks Commission.
(1) Establishment, membership, rules and procedures. The establishment, membership, rules
and procedures for the Parks Commission are established in §§ 32.045 through 32.054.
(2) Powers and duties. In addition to any other authority granted to the Park Commission by
the City Code, the Park Commission shall have the responsibility to review and make recommendations
on park needs generated by new development.
(E) Board of Adjustment and Appeals.
(1) Establishment. The Board of Adjustment and Appeals is hereby established.
(2) Membership. The Planning Commission shall act as a Board of Adjustment and Appeals.
(3) Rules. The Board of Adjustment shall adopt rules for the conduct of business and may
exercise all of the powers conferred on such boards by state law.
(4) Procedures. Proceedings of the Board of Adjustment and Appeals by the Planning
Commission shall be undertaken as a component of scheduled Planning Commission meetings. It shall
not be necessary for the Planning Commission to adjourn and reconvene as the Board of Adjustment and
Appeals to undertake such proceedings.
(5) Powers and duties. The Board of Adjustment and Appeals shall have the following powers
and duties related to this chapter:
(a) To consider applications for variances; and
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(b) To hear appeals of administrative discretionary decisions made by the Community
Development Department or other administrative official in carrying out or enforcing any provision of
this chapter.
(F) Industrial and Economic Development Committee.
(1) Establishment, membership, rules and procedures. The establishment, membership, rules
and procedures for the Industrial and Economic Development Committee are established in §§ 32.075
through 32.085.
(2) Powers and duties. In addition to any other authority granted to the Industrial and Economic
Development Committee by the City Code, the Industrial and Economic Development Committee shall
have the responsibility to review and make recommendations on commercial and industrial land use
applications when requested by the Community Development Department.
(G) Economic Development Authority (EDA).
(1) Establishment, membership, rules and procedures. The establishment, membership, rules
and procedures for the Economic Development Authority are established in § 32.100.
(2) Powers and duties. In addition to any other authority granted to the Economic Development
Authority by the City Code, the Economic Development Authority shall have the responsibility to review
and make recommendations on commercial and industrial land use applications when requested by the
Community Development Department.
(H) Community Development Department.
(1) General authorization. The Community Development Department, under the supervision
of the City Administrator, shall administer the provisions of this chapter as provided in this section.
(2) Powers and duties. In addition to the jurisdiction, authority, and duties that may be
conferred upon the Community Development Department by other provisions of the City Code, the
Community Development Department shall have the following jurisdiction, powers, and duties under
this chapter:
(a) Interpretations. Render interpretations of all provisions of this chapter, including, but
not limited to, interpretations of the text of this chapter; interpretation of the zoning map, and
interpretation of the comprehensive plan.
(b) Enforcement. Enforce the provisions of this chapter.
(c) Administer ordinance. Review, approve, conditionally approve or deny applications
for building permits and other administratively reviewed permits or applications as may be required by
this chapter.
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(d) Application tracking and recommendations. Review, monitor, and provide
recommendations on applications requiring approval by the City Council or other governmental bodies
as directed by the City Administrator.
(e) Provide expertise and technical assistance. Provide expertise and technical assistance
to the City Council and the city's commissions, boards, and other bodies.
(f) Maintain the zoning map. Update the city's official zoning map as it may be amended
from time to time.
(g) Recommendations on procedures. Review and provide comments or make
recommendations to the appropriate decision-making and review body on the various procedures,
requirements or appeals established by this chapter.
§ 153.027 COMMON REVIEW PROCEDURES AND REQUIREMENTS.
(A) Applicability. The requirements of § 153.027 shall apply to all applications subject to review
under this chapter unless otherwise stated.
(B) Authority to file applications.
(1) Unless otherwise specified in this chapter, applications may be initiated by:
(a) The owner of the property that is the subject of the application;
(b) The owner's authorized agent; or
(c) The city.
(2) When an authorized agent files an application under this chapter on behalf of a property
owner, the agent shall provide a signed authorization from the fee title property owner stating that the
property owner agrees to be bound by all decisions, agreements, and related conditions agreed to by such
agent.
(3) For all applications involving multiple owners, contract purchasers, etc; all such persons
shall sign the application.
(C) Application submission schedule. The schedule for the submission of applications in relation
to scheduled meetings of the decision-making bodies shall be maintained by the Community Development
Department and made available to the public.
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(D) Application contents.
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(1) Organization and copies. The organization of applications and the number of copies of
required information to be submitted shall be determined by the Community Development Department.
(2) General submittal requirements. All applications shall include:
(a) A completed City of Monticello application form;
(b) Verification of authority to file applications per the requirements of § 153.027(B);
(c) Supporting title information establishing ownership interests in the property (e.g. a title
commitment and/or signature of fee title property owner);
(d) All submittal requirements outlined in this chapter for the specific application type;
(e) Electronic copies of all written narratives and plan sets required by the Community
Development Department as part of the specific application;
(f) The city may require applicants to submit such technical studies as may be necessary
to enable the city to evaluate the application. Such studies may include, but not be limited to, traffic
studies, engineering studies, environmental impact assessments, and economic impact reports. The costs
of such studies shall be borne by the applicant with the persons or firms preparing the study approved
by the city.
(3) Submission of fees. Applications shall be accompanied by a fee as established by the City
of Monticello pursuant to the most recently adopted City of Monticello Fee Schedule.
(E) Application acceptance.
(1) Complete application required. The review and consideration of an application submitted
under this section shall only occur if such application includes all items that are required in support of
the application and is deemed complete by the Community Development Department (see M.S.
§ 15.99(3)(a), as it may be amended from time to time).
(2) Waiver of application requirements. Except for the required application form and the
associated fee, the Community Development Department may waive individual submittal requirements
and deem an application complete for review if it is determined that such information will serve no
purpose during the review process. However, it is the responsibility of the applicant to supply all
information required by this chapter, and a waiver issued by the Community Development Department
shall not eliminate the need to provide such information at a later time if it is ultimately deemed
necessary to adequately review the application. During the review process, failure of an applicant to
supply information in a timely manner may result in denial of the application due to the city's inability
to comply with state mandated time deadlines.
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(F) Simultaneous processing of applications. Whenever two or more forms of review and approval
are required under this chapter (e.g., a proposed rezoning and subdivision application), the applications
for those approvals may, at the discretion of the Community Development Department, be processed
simultaneously, so long as all applicable requirements are satisfied for all applications.
(G) Pre -application conferences.
(1) All prospective applicants are encouraged to speak with a member of the Community
Development Department prior to submitting an application in order to review the proposal and to
determine the specific materials to be submitted with the future application.
(2) Discussions that occur during a pre -application conference are not binding on the city and
do not constitute official assurances, representations or approvals by the city or its officials on any
aspects of the plan or application discussed.
(H) Fees.
(1) Determination of fees. Fees required to accompany applications submitted under this
chapter shall be in accordance with the approved fee schedule adopted yearly by the City Council.
(2) Fees to be paid. No application shall be accepted until all applicable application fees have
been paid.
(3) Refund of application fee. Application fees are not administratively refundable except when
the Community Development Department determines that an application was withdrawn prior to any
consideration or review of the application.
(4) Escrow. Application fees may also require payment of an escrow in favor of the city. The
required escrow amount shall be in accordance with the approved fee schedule adopted yearly by the City
Council.
(5) Staff and/or consultant fee. In order to defray the additional cost of processing applications
submitted under this chapter, all applicants shall pay the total cost of staff and/or consulting time spent
exclusively in producing materials for the applicants request and all materials for said request.
(a) "Materials" shall include, but not be limited to, maps, graphs, charts, drawings, etc.,
and all printing and reproduction of same.
(b) "Staff and/or consulting time" shall include any time spent in either researching for or
actual production of materials.
(c) The hourly rate for "staff and/or consulting time" shall be in accordance with the
approved fee schedule adopted yearly by the City Council.
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136 Monticello - Land Usage
(I) Public notification. Applications requiring public notification shall be noticed in compliance
with the following provisions.
(1) Content. Notices for public hearings, whether by publication or mailed notice, shall contain
at a minimum:
application.
(a) A bold title referring to the content of the notice.
(b) Identification of the address or location of the property or properties subject to the
(c) Date, time, and place of the public hearing.
(d) Nature and scope of the application.
(e) Where to view the application.
(f) Where the public may be heard.
(g) Provision for written comments. The notice will describe where written comments will
be received prior to the public hearing.
(2) Timing of the notice. Unless otherwise expressly provided or required by law, all statutorily
or code required notices shall be postmarked or published at least ten days prior to the hearing or
meeting at which the application will be considered.
(3) Responsibilities.
(a) Published notice. When the provisions of this chapter require that notice be published,
the Community Development Department shall be responsible for preparing the content of the notice and
publishing the notice in the city's official newspaper. The content and form of the published notice shall
be consistent with the requirements of § 153.027(I)(1) and state law.
(b) Written (mailed) notice. When the provisions of this chapter require that written or
mailed notice be provided, the Community Development Department shall be responsible for preparing
and mailing the written notice per the requirements outlined in Table 2-2.
TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS
Application Type
Written Notice Provided To
Comprehensive Plan Amendment
- For amendments which involve five acres of land or less, written notice
shall be provided to all property owners within 350 feet
- For amendments which involve more than five acres of land, notice need
only be published within the city's official newspaper
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137
TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS
Application Type
Written Notice Provided To
Zoning Map Amendment
All property owners within 350 feet
Variance
All property owners within 350 feet
Conditional Use Permit
All property owners within 350 feet
Interim Use Permit (new and renewal)
All property owners within 350 feet
CUP/IUP Revocation
Permittee/landowner only
Planned Unit Developments
All property owners within 350 feet
(4) Notice construction.
(a) The Community Development Department may use property tax records to determine
the names and addresses of affected property owners. A copy of the notice and a list of the owners and
addresses to which the notice was sent must be attested to by the Community Development Department
and must be made a part of the records of the proceedings.
(b) Minor defects in any notice shall not impair the notice or invalidate proceedings
pursuant to the notice if a good faith attempt has been made to comply with applicable notice
requirements. Minor defects in notice are errors that do not affect the substance of the notice (e.g.,
errors in a legal description, typographical or grammatical errors, errors of actual acreage, etc). Failure
of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the
notification requirements and information specifying the time, date, and place of a hearing shall be
strictly construed.
(c) When the records of the city document the publication, mailing, and posting of notices
as required by this division, it shall be presumed that notice of a public hearing was given as required
by this division.
(J) Continuation of public hearings. A public hearing for which proper notice was given may be
continued during the course of such hearing to a later date without again complying with the written
notice requirements of this chapter, provided that the continuance date is announced at the meeting.
(K) Withdrawal of an application. A request for withdrawal of an application shall be submitted in
writing with a signature to the Community Development Department.
(L) Required action deadline. All applications for land use approvals shall be approved or denied
within timeframes required by applicable laws, regulation and the provisions of this chapter in effect on
the date the application was submitted.
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(M) Environmental review.
Monticello - Land Usage
(1) No development project shall be approved prior to review by the Community Development
Department to determine the necessity for completion of an Environmental Assessment worksheet
(EAW) or Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the
Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review
Program authorized by M. S. §§ I I6D.04 and 116D.045, as the may be amended from time to time, and
specified in Minn. Rules Parts 4410.0200 to 44410.7800.
(2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the
processing of a development project. No decision on granting of a permit or other approval required may
be issued until the EAW/EIS process is completed.
(N) Reconsideration of land use approval applications. No application for land use approval which
has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months
from the date of City Council action on the application, except where there is substantial new evidence
or proof of a change in conditions with respect to such application. Before any such reconsideration, the
city may require the submission of the appropriate application fee and the application may be considered
as a new application.
r
COMPREHENSIVE
PLAN
AMEN DMENT,40
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§ 153.028 SPECIFIC REVIEW PROCEDURES AND REQUIREMENTS.
(A) Comprehensive Plan amendments.
(1) Purpose and scope. This section sets out the procedure to follow
when considering a change to the Comprehensive Plan.
(2) Initiation of proceedings. Proceedings for the amendment of the
Comprehensive Plan shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an
owner pursuant to § 153.027(B), Authority to File Applications;
(b) Recommendation of the Planning Commission; or
(c) Action of the City Council.
(3) Application.
(a) All applications to amend the Comprehensive Plan shall be in
accordance with § 153.027, Common Review Procedures & Requirements.
(b) In addition to the common review requirements, applications
for Comprehensive Plan amendments shall also include the following:
Zoning
1. The name of the applicant;
139
2. A narrative explaining the requested change and the reasons why the
Comprehensive Plan should be amended per the request;
3. The legal description of all real property proposed for change (if applicable);
4. The existing and proposed land use and zoning designations for all properties
proposed to change (if applicable);
5. A map of the properties to be modified to a different land use category, showing
the addresses and land uses for adjacent properties (if applicable);
6. The proposed text and/or maps to be added, amended, or deleted from the
Comprehensive Plan along with documentation as to the location of the text changes in the
Comprehensive Plan, if applicable.
(4) Review.
(a) Planning Commission. Before any amendment is adopted, the Planning Commission
shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I).
Following the hearing, the Planning Commission shall adopt findings and recommendations on the
proposed amendment as soon as practical. The Community Development Department may forward an
application to the City Council without a recommendation from the Planning Commission only if it is
deemed necessary to ensure compliance with state mandated deadlines for application review.
(b) City Council. The City Council may hold a public hearing on the amendment if they
deem such necessary or it is deemed necessary by the Community Development Department. After
consideration of the Planning Commission recommendation and/or hearing, if applicable, the City
Council may adopt the amendment or any part thereof in such form as it deems advisable. Approval of
an amendment shall require the approval of two-thirds of all the members of the City Council, except
as may be exempted by state statute.
(5) Approval criteria. Recommendations and decisions on Comprehensive Plan amendments
shall be based on consideration of the following criteria:
(a) Whether the proposed amendment corrects an error or addresses the need resulting
from some changing condition, trend, or fact arising since the adoption of the Comprehensive Plan;
(b) Whether the proposed amendment is consistent with the guiding principles of the
Comprehensive Plan;
(c) The extent to which the proposed amendment addresses a demonstrated community
need;
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(d) Whether the proposed amendment will protect the health, safety, morals, and general
welfare of the public;
(e) The impacts on the natural and built environments, including air, water, noise,
stormwater management, wildlife habitat, water quality, vegetation, drainage, streets, and other
engineering design or environmental factors;
(f) Whether the proposed amendment is compatible with existing and proposed uses
surrounding the subject property; whether the proposed design and land uses are appropriate for the land;
and whether the proposed amendment will maintain or improve compatibility among uses and ensure
efficient development within the city;
(g) Whether the proposed amendment will result in a logical, orderly and predictable
development pattern; and
(h) Whether the proposed amendment is consistent with the purpose of this chapter.
ZONING TEXT
ORMAP
AMENDMENT
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(B) Zoning ordinance text and zoning map amendments.
(1) Purpose and scope. This section sets out the procedures to be
followed in reviewing and considering a text change to this chapter or an
amendment to the zoning map with the exception of a map amendment to a
planned unit development, which shall be subject to the procedures in
§ 153.028(0), Planned Unit Development.
(2) Initiation of proceedings. Proceedings for the amendment of the
text of this chapter or the zoning map shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an
owner pursuant to § 153.027(B), Authority to File Applications;
(b) Action of the Planning Commission; or
(c) Application by the Community Development Department; or
(d) Action of the City Council.
(3) Application.
(a) All applications to amend the text of this chapter or the zoning
map shall be in accordance with § 153.027, Common Review Procedures and
Requirements.
Zoning
141
(b) In addition to the common review requirements, applications for changes to the text
of this chapter or the Zoning Map shall also include the following:
The name of the applicant;
2. A narrative explaining the requested modification and the reasons why the changes
are supported by the Comprehensive Plan;
3. The legal description of all real property proposed for change, if applicable;
4. The existing and proposed land use and zoning designations for all properties
proposed for change, if applicable;
5. A map of the properties to be modified to a different zoning designation, showing
the addresses and zoning designations for the subject properties and the adjacent properties, if applicable;
6. The location of the proposed text to be added, amended, or deleted in this chapter,
if applicable.
(4) Review.
(a) Planning Commission. Before any amendment is adopted, the Planning Commission
shall hold at least one public hearing after proper notice has been issued in accordance with § 153.027(I).
Following the hearing, the Planning Commission shall adopt findings and recommendations on the
proposed amendment as soon as practical. The Community Development Department may forward an
application to the City Council without a recommendation from the Planning Commission only if it is
deemed necessary to ensure compliance with state mandated deadlines for application review.
(b) City Council. The City Council may hold a public hearing on the amendment if deemed
necessary by the Community Development Department. After consideration of the Planning Commission
recommendation and/or hearing, if applicable, the City Council may adopt the amendment or any part
thereof in such form as it deems advisable. Approval of an amendment shall require a majority vote of
all members of the City Council except for amendments which change all or part of the existing
classification of a zoning district from residential to either commercial or industrial, which will require
the approval of two-thirds of all the members of the City Council.
(5) Approval criteria. Recommendations and decisions on zoning amendments shall be based
on consideration of the following criteria:
(a) Whether the proposed amendment corrects an error in the original text or map; or
(b) Whether the proposed amendment addresses needs arising from a changing condition,
trend, or fact affecting the subject property and surrounding area.
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(c) Whether the proposed amendment is consistent with achieving the goals and objectives
outlined in the comprehensive plan.
VARIANCE
(C) Variances.
(1) Purpose and scope. The variance process is intended to provide
limited relief from the strict requirements of this chapter in those cases where
strict application of a particular requirement will create practical difficulties due
to circumstances unique to the individual property under consideration. It is not
intended that variances be granted to allow a use not permitted by the underlying
zoning district, nor to merely remove inconveniences or financial burdens that
the requirements of this chapter may impose on property owners in general.
Variances are intended to address extraordinary, exceptional, or unique
situations that were not caused by the applicant's act or omission.
(2) Initiation of proceedings. Variances shall be initiated by an owner
of property or an authorized representative of an owner pursuant to
§ 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a variance shall be in accordance with
§ 153.027, Common Review Procedures and Requirements.
(b) In addition to the common review requirements, applications
for a variance shall also include the following:
1. A written narrative demonstrating that the criteria for a
variance as set out in § 153.028(C)(4)(a) have been met.
2. A site plan of the property showing all information necessary to allow the to
determine conformance with all zoning provisions, and to calculate the specific variance being requested.
Information shall include but not be limited to:
a. Property and structure dimensions;
b. Setback dimensions/measurements;
c. Parking and access locations and dimensions;
3. If deemed necessary by the Community Development Department, a survey may
be required to be submitted with the application in addition to a site plan.
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Zoning
(4) Review.
143
(a) Variance criteria. Approval of a variance may only be made upon a determination that
practical difficulties will result based on all of the following criteria (see M.S. § 462.357, subd. 6, clause
2, as it may be amended from time to time):
1. The property in question cannot be put to a reasonable use if the provisions of this
chapter are strictly applied.
thereof.
2. The circumstances rendering the property unusable are unique to the property.
3. The circumstances rendering the property unusable were not created by the owner
4. A variance, if granted, will not alter the essential character of the locality.
5. Economic considerations alone shall not constitute a sufficient basis for a Variance
if reasonable use for the property exists under the terms of the regulation.
(b) Board of Adjustment and Appeals. Before any variance is approved, the Board of
Adjustment and Appeals shall hold at least one public hearing after proper notice has been issued in
accordance with § 153.027(I). Following the hearing, the Board of Adjustment and Appeals shall
consider the request(s) against the variance review criteria outlined in § 153.028(C)(4)(a) and take action
on the request(s). In approving a variance, the Board of Adjustment and Appeals may impose conditions
on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent
properties. Denial of any request shall be accompanied by findings of fact at to how the request did not
meet one or more of the review criteria.
(c) Appeal of variance decision. Decisions of the Board of Adjustment and Appeals are
final unless the applicant or an affected party, including any member of the City Council, files a written
appeal outlining the basis for the appeal within ten business days of the decision. Variance appeals shall
be reviewed by the City Council as outlined in § 153.028(H)(3)(c) subject to the review criteria in
§ 153.028(H)(4).
(5) Effect of a variance.
(a) The issuance of a variance shall authorize only the particular variation that is approved
by either the Board of Adjustment and Appeals or City Council.
(b) A variance, including any conditions, shall run with the land and shall not be affected
by a change in ownership.
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Monticello - Land Usage
(6) Subsequent development. Development authorized by the variance shall not be carried out
until the applicant has secured all other approvals required by this chapter or any other applicable
chapters or regulations. The granting of a variance does not constitute, imply, or guarantee the granting
of any other such required approval (i.e.: a building permit).
(7) Time limit.
(a) Unless otherwise specified in the variance, if a building permit has not been secured
within one year of the date of the variance approval, the variance shall become invalid. Permitted
timeframes do not change with successive owners.
(b) Upon written request, one extension of one year may be granted by the Community
Development Department if the applicant can show good cause.
CONDITIONAL
U5E PERMIT
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2022S-3
(8) Amendment. A variance may be amended, extended, or modified
only in accordance with the procedures and standards established for originally
securing the variance. A request for a change in the conditions of approval of a
variance shall be considered an amendment and subject to the full review
procedure set forth in this division. An additional application fee may be required
before consideration of the amendment request.
(D) Conditional use permits.
(1) Purpose and scope. The conditional use permit process is intended
to provide the city with an opportunity to review a proposed use in order to
establish reasonable conditions necessary to ensure compatibility between the
proposed location and use and surrounding properties. Approval of a conditional
use at a location within a zoning classification does not mean the same
conditional use can be conducted on any other parcel with the same specific
zoning classification. Every application for a CUP will be individually reviewed
on its own merits, and the facts surrounding the subject property will determine
the appropriateness of the proposed use.
(2) Initiation of proceedings. A request for a conditional use permit
shall be initiated by an owner of property or an authorized representative of an
owner pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a conditional use permit shall be in
accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a
conditional use permit shall also include the following:
Zoning
1. A written narrative which includes:
145
a. A description of the proposed conditional use, how it will function on the
property, hours of operation (if applicable), and any other information necessary to fully describe the
request; and
b. An explanation of how the proposed conditional use will meet each of the
criteria set forth in § 153.028(D)(4)(a), as well as any additional criteria that may apply for the specific
use as listed in §§ 153.090 through 153.093.
2. A location map showing the general location of the proposed use within the
community and the principal land uses surrounding the parcel on which the conditional use is proposed;
3. Development plans for the proposed use showing all information deemed necessary
by the Community Development Department to ensure that the city can determine whether the proposed
use will conform to all City Code standards. Such information may include, but shall not be limited to,
the following:
a. Site plan drawn to scale showing parcel and existing topography;
b. Location of all existing and proposed buildings and the size of each (including
square footage);
c. Curb cuts, driveways, access roads, parking spaces, off-street loading areas,
and sidewalks;
d. Natural features such as woodlands, wetlands, shorelines, etc;
e. Landscaping and screening plans, including species and size of trees and
shrubs proposed;
f. Proposed finished grading and drainage plan sufficient to drain and dispose
of all surface water accumulated;
g. Type of business or activity and proposed number of employees;
h. Proposed floor plan and elevations of any building with use indicated;
i. Proposed outdoor storage spaces (if applicable);
j. Signage plan.
4. If deemed necessary by the Community Development Department, a survey may
be required to be submitted with the application in addition to or in lieu of a site plan.
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146 Monticello - Land Usage
5. Color profile elevation drawings of new structures to illustrate the proposed visual
appearance of new construction.
6. Any other information that may be reasonably required by the city to evaluate the
application.
(4) Review.
(a) Conditional use permit criteria. Approval of a conditional use permit application
requires that the city find that conditions can be established to ensure that all of the following criteria
will always be met:
1. The conditional use will not substantially diminish or impair property values within
the immediate vicinity of the subject property;
2. The conditional use will not be detrimental to the health, safety, morals, or welfare
of persons residing or working near the use;
3. The conditional use will not impede the normal and orderly development of
surrounding property for permitted uses predominant in the area;
4. The conditional use will not pose an undue burden on public utilities or roads, and
adequate sanitary facilities are provided;
5. The conditional use can provide adequate parking and loading spaces, and all
storage on the site can be done in conformance with city code requirements;
6. The conditional use will not result in any nuisance including but not limited to
odor, noise, or sight pollution;
7. The conditional use will not unnecessarily impact natural features such as
woodlands, wetlands, and shorelines; and all erosion will be properly controlled;
8. The conditional use will adhere to any applicable additional criteria outlined in
§§ 153.090 through 153.093 for the proposed use.
(b) Planning Commission. Before any conditional use permit is considered, the Planning
Commission shall hold at least one public hearing after proper notice has been issued in accordance with
§ 153.027(I). Following the hearing and subsequent discussion on the merits of the proposal, the
Planning Commission shall adopt findings and recommendations on the general conditional use permit
review criteria outlined in § 153.028(D)(4)(a) and any specific criteria outlined for the specific use in
§§ 153.090 through 153.093. Recommendations for approval may include such conditions as are deemed
necessary to ensure compliance with each of the conditional use permit review criteria. Denial
2022S-3
Zoning 147
recommendations shall be supported by findings of fact as to why the permit request was denied. The
Community Development Department may forward an application to the City Council without a
recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with
state mandated deadlines for application review.
(c) Industrial and Economic Development Committee. Conditional use permits in
commercial or industrial areas may, at the discretion of the Community Development Department, be
placed before the Industrial and Economic Development Committee for review and recommendation.
(d) City Council. Upon receiving the recommendations of the Planning Commission, the
City Council shall consider the request against the conditional use permit review criteria outlined in
§ 153.028(D)(4)(a) and take action on the request(s). In approving a conditional use permit, the City
Council may impose conditions on the approval as are deemed appropriate to ensure compliance with
each of the conditional use permit review criteria. Denial of any request shall be accompanied by
findings of fact as to why the requested permit can not be approved.
(5) Reasonable conditions. In approving a CUP, the city may adopt and impose such reasonable
conditions and requirements as it deems necessary and appropriate to ensure continued compliance with
the conditional use permit review criteria.
(6) Effect of a conditional use permit approval.
(a) The issuance of a conditional use permit shall authorize only the improvements
approved by the City Council.
(b) A conditional use permit, including any conditions, shall run with the land and shall
not be affected by a change in ownership.
(7) Subsequent development. Development authorized by the conditional use permit shall not
be carried out until the applicant has secured all other approvals required by this chapter or any other
applicable ordinances or regulations. The granting of a conditional use permit does not constitute, imply,
or guarantee the granting of any other such required approval (i.e. a building permit).
(8) Time limit.
(a) Unless otherwise specified in the conditional use permit, the operation of the use and/or
issuance of building permits for permitted structures shall begin within one year of the date of the
conditional use permit approval. Failure to do so will invalidate the conditional use permit. Permitted
timeframes do not change with successive owners.
(b) If the operation of the use and/or issuance of building permits has not commenced
within one year of the date of approval, the applicant may petition for an extension of time in which to
commence the work that has been granted by the conditional use permit. Such extension shall be
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148 Monticello - Land Usage
requested in writing and filed with the Community Development Department at least 30 days before the
expiration of the one-year period. The request for extension shall state facts supporting good cause for
extension of the conditional use permit. Such petition shall be presented to the Planning Commission for
a recommendation and to the City Council for a decision.
(c) If a use operating pursuant to an approved conditional use permit is discontinued for
a period of at least one year, any further use of the property shall conform to the requirements of this
chapter. A discontinued conditional use shall not begin operations again without first obtaining approval
of a new conditional use permit.
(9) Revocation. In the event that any of the conditions set forth in the permit are violated, the
City Council shall have the authority to revoke the conditional use permit. Before the revocation is
considered, the City Council shall hold at least one public hearing after proper written notice has been
issued in accordance with § 153.027(I). Following the hearing and subsequent discussion, the City
Council may revoke the CUP by adopting findings of fact showing there has not been substantial
compliance with the required conditions.
3
FNTERIM
USE PERMIT
Cornrroerdnf & 616wWal
Rquests
2022S-3
(10) Amendments. A conditional use permit may be amended or modified
only in accordance with the procedures and standards established when originally
securing the conditional use permit. A request for a change in the conditions of
approval of a conditional use permit shall be considered an amendment and subject
to the full review procedure set forth in this division. An additional application fee
may be required before the consideration of the amendment request.
(E) Interim use permits.
(1) Purpose and scope. The purpose and intent of allowing interim uses
is:
(a) To allow a use for a brief period of time until a permanent
location is obtained or while the permanent location is under construction.
(b) To allow a use that is presently judged acceptable by the City
Council but that, with anticipated development or redevelopment, will not be
acceptable in the future or will be replaced in the future by a permitted or
conditional use allowed within the respective district.
(c) To allow a use which is reflective of anticipated long-range
change to an area and which is in compliance with the comprehensive plan
provided that said use maintains harmony and compatibility with surrounding uses
and is in keeping with the architectural character and design standards of existing
uses and development.
Zoning 149
(2) Initiation of proceedings. A request for an interim use permit shall be initiated by an owner
of property or an authorized representative of an owner pursuant to § 153.027(B), Authority to File
Applications.
(3) Application.
(a) All applications for an interim use permit shall be in accordance with § 153.027,
Common Review Requirements.
(b) In addition to general review requirements, applications for an interim use permit shall
also include the following:
1. A letter from the applicant explaining the proposal and stating the date or event
that will terminate the use;
2. A location map showing the general location of the proposed use within the
community and the principal land uses surrounding the parcel on which the interim use is proposed;
3. Development plans for the proposed use showing all information deemed necessary
by the Community Development Department to ensure that the city can determine whether the proposed
use will conform to all City Code standards. Such information may include, but shall not be limited to,
the following:
a. Site plan drawn to scale showing parcel and existing topography;
b. Location of all buildings and the size of each, including square footage;
c. Curb cuts, driveways, access roads, parking spaces, off-street loading areas,
and sidewalks;
d. Natural features such as woodlands, wetlands, shorelines, etc;
e. Landscaping and screening plans, including species and size of trees and
shrubs proposed;
f. Proposed finished grading and drainage plan sufficient to drain and dispose
of all surface water accumulated;
g. Type of business or activity and proposed number of employees;
h. Proposed floor plan and elevations of any building with use indicated;
Proposed outdoor storage spaces (if applicable);
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150 Monticello - Land Usage
j . Signage plan.
4. If deemed necessary by the Community Development Department, a survey may
be required to be submitted with the application in addition to or in lieu of a site plan.
5. A signed consent agreement, provided by the City of Monticello, agreeing:
a. That the applicant, owner, operator, tenant and/or user has no entitlement to
future re -approval of the interim use permit;
b. That the interim use will not impose additional costs on the public if it is
necessary for the public to fully or partially take the property in the future; and
c. That the applicant, owner, operator, tenant and/or user will abide by
conditions of approval that the City Council attaches to the interim use permit.
6. Any other information that may be reasonably required by the city to evaluate the
application.
(4) Review.
(a) Interim use permit criteria. Approval of an interim use permit application requires that
the city find that conditions can be established to ensure all of the following criteria will always be met:
1. The use is allowed as an interim use in the respective zoning district and conforms
to standard zoning regulations.
2. The use will not adversely impact nearby properties through nuisance, noise,
traffic, dust, odor, or unsightliness and will not otherwise adversely impact the health, safety, and
welfare of the community.
3. The use will not adversely impact implementation of the comprehensive plan.
4. The date, event, or change in circumstances that will terminate the use is identified
with certainty.
5. The applicant has signed a consent agreement stating that the applicant, owner,
operator, tenant and/or user has no entitlement to future re -approval of the interim use permit as well
as agreeing that the interim use will not impose additional costs on the public if it is necessary for the
public to fully or partially take the property in the future.
6. The applicant agrees to all conditions that the City Council deems appropriate to
allow the use including the requirement of appropriate financial surety to cover the cost of removing the
interim use and any interim structures upon the expiration of the interim use permit.
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Zoning 151
7. There are no delinquent property taxes, special assessments, interest, or city utility
fees due upon the subject parcel.
8. The interim use will adhere to any applicable additional criteria outlined in
§§ 153.090 through 153.093 for the proposed use.
(b) Planning Commission. Before any interim use permit is considered, the Planning
Commission shall hold at least one public hearing after proper notice has been issued in accordance with
§ 153.027(I). Following the hearing and subsequent discussion on the merits of the proposal, the
Planning Commission shall adopt findings and recommendations on the general interim use permit
review criteria outlined in § 153.028(E)(4)(a) and any specific criteria outlined for the specific use in
§§ 153.090 through 153.093. Recommendations for approval may include such conditions as are deemed
necessary to ensure compliance with each of the interim use permit review criteria. Denial
recommendations shall be supported by findings of fact as to why the permit request was denied. The
Community Development Department may forward an application to the City Council without a
recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with
state mandated deadlines for application review.
(c) Industrial and Economic Development Committee. Interim use permits in commercial
or industrial areas may, at the discretion of the Community Development Department, be placed before
the Industrial and Economic Development Committee for review and recommendation.
(d) City Council. Upon receiving the recommendations of the Planning Commission, the
City Council shall consider the request against the interim use permit review criteria outlined in
§ 153.028(E)(4)(a) and take action on the request(s). In approving an interim use permit, the City
Council may impose conditions on the approval as are deemed appropriate to ensure compliance with
each of the interim use permit review criteria. Denial of any request shall be accompanied by findings
of fact at to how the request did not meet one or more of the review criteria.
(5) Reasonable conditions. In approving an interim use permit, the city may adopt and impose
such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued
compliance with the interim use permit review criteria.
(6) Effect of an interim use permit approval.
(a) The issuance of an interim use permit shall authorize only the improvements and use
approved by the City Council as an interim use over the specified timeframe.
(b) An interim use permit, including any conditions, shall run with the land and shall not
be affected by a change in ownership.
(7) Termination. An interim use shall be terminated and removed for any of the following
reasons, whichever occurs first:
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152 Monticello - Land Usage
(a) The date, event or circumstances stated in the permit.
(b) Upon violation of conditions under which the permit was issued.
(c) Upon change in the city's zoning regulations which renders the use nonconforming.
(d) The redevelopment of the use and property upon which it is located to a permitted or
conditional use as allowed within the respective zoning district.
(8) Revocation. The City Council may revoke an interim use permit upon finding that any of
the conditions set forth in the permit are violated. Before the revocation is considered, the City Council
shall hold at least one public hearing after proper written notice has been issued in accordance with
§ 153.027(I). Following the hearing and subsequent discussion, the City Council may revoke the IUP
by adopting findings of fact showing there has not been substantial compliance with the required
conditions.
(9) Amendments. All requested amendments to an existing interim use permit shall be processed
in the same manner as a new application.
(10) Renewal. All renewals of an existing interim use permit shall be processed in the same
manner as a new application.
(F) Site plan submittals.
SITE PLAN
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(1) Purpose and scope. The City Council declares it necessary and
appropriate to require site plan review of development in certain zoning districts
to preserve and promote attractive, well-planned, stable urban conditions. Site
plan approval by the Community Development Department must be obtained
before a building permit is issued in order to ensure the following:
(a) A proposed project's compatibility with the area environment
and with other existing land uses and buildings in the surrounding area.
(b) The quantity, quality, utility, size, and type of a proposed
project's required open space and proposed landscaping improvements.
(c) The ability of a proposed project's traffic circulation system to
provide for the convenient and safe internal and external movement of vehicles
and pedestrians.
(d) The quantity, quality, utility, size, and type of a proposed
project's required community facilities.
(e) The location and adequacy of a proposed project's provision for
drainage and utilities.
Zoning 153
(f) Security, fire protection, and life/safety issues.
(2) Applicability.
(a) Unless exempted pursuant to § 153.028(F)(3) below, site plan review shall be required
for all residential and nonresidential development (including changes to required parking areas, proposed
changes to outside commercial sales or storage areas, etc) prior to the issuance of a building permit or
other approval.
(b) The Community Development Department is authorized to review and approve,
approve with conditions, or deny Site Plan reviews in accordance with the procedures and standards of
this section.
(c) Site plan review shall be required for all new development projects in the CCD, Central
Community District, which substantively change the area and/or bulk of any building or use. Such site
plan review shall be conducted by the Planning Commission, but shall not be formal Public Hearing. The
Planning Commission may choose, at its sole option, to provide for and consider public comment.
(d) In lieu of division (F)(2)(c) of this section, an applicant may choose to request a
Concept Review joint meeting between the Planning Commission and City Council, in accordance with
the process identified in § 153.028(0)(9)(a).
(3) Exemptions. The following may be exempted from site plan review:
(a) Detached residential uses (i.e. single-family homes).
(b) Residential accessory buildings or other similar structures as determined by the
Community Development Department.
(c) The internal construction or change in floor area of a development that does not
increase gross floor area, increase the intensity of use, or affect parking requirements on a site that meets
all development and site design standards of this chapter.
(d) Temporary uses.
(e) Any building exempted by state statute.
(f) Additions to existing buildings, structures or uses, if, in the opinion of the Community
Development Department, such addition does not substantially affect the proposed or current
development of adjacent or nearby properties.
(4) Initiation. An application for site plan review may be initiated by the property owner or
other person with authority to file an application pursuant to § 153.027(B), Authority to File
Applications.
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(5) Submittal.
Monticello - Land Usage
(a) All submittals for site plan review shall be in accordance with § 153.027, Common
Review Requirements.
(b) In addition to the common application requirements of § 153.028(F)(5)(a) above,
submittals for site plan review shall also include at least the following to be considered complete (except
as exempted by the Community Development Department). All documents shall be prepared by a
registered land surveyor, registered professional engineer, or other qualified professional as directed by
the Community Development Department.
1. Name of the project;
2. Name, address and telephone number of applicant, engineer, architect, surveyor
and owner of record;
3. Legal description;
4. Date proposed, north arrow, engineering scale, number sheets and name drawer;
5. Vicinity map showing relationship of the development to surrounding streets,
rights-of-way and the like;
6. Description of intended use of site, buildings, structures, including type of
occupancy and occupancy load;
7. Tabulation box, indicating the following:
a. Size of parcel in acres and square feet;
b. Gross floor area of each building;
c. Percent of site covered by impervious surface;
d. Projected number of employees;
e. Number of seats if intended use is a restaurant or place of assembly;
f. Number of parking spaces required;
g. Number of parking spaces provided, including handicapped;
h. Dimension of parking spaces and aisles;
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Zoning 155
Existing zoning and land use designations; and
j. Area of public open space (if applicable).
8. Property line dimensions, location of all existing and proposed structures with
distance from boundaries, distance between structures, building dimensions and floor elevations within
proposed site plan boundary shown and to a distance of 150 feet beyond;
9. Topographic data within the property to be subdivided and 200 feet beyond the
property boundary, showing contours as follows:
indicated:
a. All areas of the proposed area with a slope greater than 25 % must be clearly
b. Two -foot contours where slope is 7% or less;
c. Two -foot contours where slope is from 7 % to 15 %; and
d. Ten -foot intervals where slope is greater than 15 %.
10. Grading, drainage and erosion control plan prepared by a registered professional
engineer, providing all information outlined in § 153.069(D).
11. Utility plans prepared by a registered professional engineer consisting of the
following:
a. Location, size and grades of all existing sanitary sewer, water main, hydrants
and storm sewer on site or adjacent to for proposed connection;
b. Location of all existing gas mains, electric and phone cables, light poles,
power boxes and the like;
c. Location, size, grades and materials for all proposed public sanitary sewer,
water main, hydrants and storm sewer;
d. Supplemental calculations for trunk sanitary sewer and water main, if required
by the Community Development Department;
e. Supplemental storm sewer computation sheet verifying capacities and volumes
for all pipe segments, if required by the Community Development Department; and
f. Existing and proposed drainage and utility easements.
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12. Street plans prepared by a registered professional engineer showing the following:
a. All existing and proposed points of ingress/egress;
b. Widths at property lines;
c. Turning radii abutting right-of-way;
d. Center line, paving width, existing and proposed median and curb cuts and
intersection of streets and driveways; and
e. Access alignment and grades.
13. Vehicular circulation system showing location and dimension for all driveways,
parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if
necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic
control devices;
14. Landscape plan prepared by a qualified professional providing all information
outlined in § 153.060(D);
15. Location, access and screening detail of large trash handling and recycling
collection areas in compliance with the requirements of § 153.092(D)(34);
16. Building elevations (colored renderings) which detail the materials being used;
17. Location and screening detail of roof top equipment;
18. Location and detail of signage providing all pertinent information outlined in
§ 153.028(K)(3)(b) as determined by the Community Development Department;
19. Lighting location, style and mounting and light distribution plan;
20. Project narrative; and
21. Any other information that may be reasonably required by the city to evaluate the
application including but not limited to floor plans, building elevations, rendered drawings, and materials
samples.
(6) Review.
(a) Site plan review criteria. Recommendations and decisions on a site plan shall be based
on consideration of the following criteria:
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1. Whether the proposed development is consistent with all the requirements of this
chapter and the City Code;
2. Whether the proposed development is in compliance with the applicable zoning
district and overlay districts;
3. Whether the proposed development is in compliance with other city approved
planning documents (e.g. Downtown Revitalization Plan); and
4. Whether the proposed development meets all the requirements or conditions of any
applicable development approvals.
(b) Site plan review process.
1. Upon receiving a complete submittal for site plan review, the Community
Development Department shall review the plans to determine their conformance to all ordinance
requirements. The Community Development Department may be assisted in conducting site plan reviews
by representatives from other city departments or divisions.
2. Site plan submittals determined to conform with the approval criteria outlined in
§ 153.028(F)(6)(a) shall be approved by the Community Development Department with any conditions
deemed necessary. A notice of site plan approval shall be provided to the submitter that includes all
conditions, comments, and recommendations.
3. Site plans not conforming with the approval criteria outlined in § 153.028(F)(6)(a)
shall be revised by the submitter to meet the requirements of the city ordinance prior to approval of any
other permit.
4. The approval of a site plan by the Community Development Department does not
in any way guarantee future approval of other applications that may be required by the regulations of the
city (e.g. a building permit, certificate of occupancy, subdivision approval, conditional use approval,
etc).
(7) Subsequent development. Development authorized by a site plan approval shall not be
carried out until the applicant has secured all other approvals required by this chapter or any other
applicable regulations. Such permits and approvals shall only be granted once all conditions of the site
plan review and all relevant portions of this chapter are met.
(8) Time limit.
(a) Unless otherwise specified in the site plan approval, an application for a building
permit shall be applied for must receive approval within one year of the date of the site plan approval,
otherwise the site plan shall become invalid. Permitted timeframes do not change with successive
owners.
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Monticello - Land Usage
(b) Upon written request, one extension of six months may be granted by the Community
Development Department if the applicant can show good cause.
(9) Amendments of an approved site plan.
(a) Requested amendments that involve one of the following shall be reviewed as a new
site plan submittal:
1. The density of the development is to be increased;
2. The gross square footage of nonresidential buildings is to be increased or the
number of stories is to be increased;
3. Approved landscaping elements are to be modified;
4. Required open space is to be modified;
5. Drainage, streets, or other engineering design changes will materially alter items
approved in the site plan; and/or
ADMINISTRATIVE
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,s,
2022S-3
6. Major changes are proposed that could potentially create an
adverse impact on stormwater quality, stormwater quantity management, or other
stormwater management ordinance requirements.
(b) Requested site plan amendments that do not fall into one of the
categories outlined in § 153.028(F)(10) above may be approved by the
Community Development Department if it is determined that the requested change
will NOT:
1. Substantially affect the terms of the original approval; and
2. Result in significant adverse impacts on the surrounding
properties or the city at -large.
(c) If, in the opinion of the Community Development Department,
a proposed change will substantially affect the terms of the original approval or
would result in significant adverse impacts on the surrounding properties or the
city at -large, then a re -submittal of a new site plan may be required pursuant to
the provisions of this chapter.
(10) Appeal. The applicant for a site plan review may appeal the decision
of the Community Development Department to the Board of Adjustment and
Appeals per § 153.028(H).
(G) Appeal of administrative decisions.
Zoning 159
(1) Purpose and scope. This division sets out the procedure to follow when a person claims
to have been aggrieved or affected by an administrative decision made under this chapter.
(2) Initiation of proceedings. Appeals shall be initiated by the person aggrieved or affected by
any order, decision, determination, or interpretation made by the Community Development Department
or other administrative official of the city charged with the administration or enforcement of this chapter.
(3) Procedure.
(a) Submission of appeal (application).
1. An appeal pursuant to this division shall be initiated by filing a written appeal of
the administrative decision or determination within ten business days of the date of the order, decision,
determination, or interpretation with the Community Development Department or other administrative
official from whom the appeal is taken.
2. All applications for an appeal shall be in accordance with § 153.027, Common
Review Requirements.
(b) Review by the Board of Adjustment and Appeals.
1. Upon receiving the written appeal of the administrative decision or determination,
the Community Development Department shall place the matter on the next available agenda of the Board
of Adjustment and Appeals.
2. A report prepared by the Community Development Department which is
accompanied by all relevant papers, documents, and other materials relating to the order, decision,
determination, or interpretation shall be provided to the Board of Adjustment and Appeals prior to the
meeting. These materials shall constitute the record of the appeal.
3. Following review of the appeal, the Board of Adjustment and Appeals shall adopt
findings of fact and make a decision on the appeal.
4. Decisions of the Board of Adjustment and Appeals are final unless an affected
party files a second written appeal outlining the basis for the appeal within five business days of the
decision.
(c) Review by the City Council.
1. Upon receiving a second written appeal of the decision rendered by the Board of
Adjustment and Appeals, the Community Development Department shall place the matter on the next
available agenda of the City Council scheduled at least seven days after the date of the appeal.
2. Materials constituting the record of appeal from the Board of Adjustment and
Appeals review shall be provided to the City Council for examination prior to the meeting.
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160 Monticello - Land Usage
3. Following review of the appeal, the City Council shall review and decide on the
appeal in accordance with this chapter and state law.
(4) Review criteria. An order, decision, determination, or interpretation shall not be reversed
or modified unless there is competent, material, and substantial evidence in the record that the order,
decision, determination, or interpretation fails to comply with either the procedural, substantive
requirements, or intent of this chapter or state law.
(5) Conditions. The City Council may impose conditions upon their decision to ensure that the
requirements and purposes of this chapter are followed.
(H) Building permits.
GUILDING MI
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Building Code").
(1) Purpose. This section establishes when obtaining a building permit
is required, how it will be reviewed, what surveys may be required to track
construction, and how unauthorized work will be handled.
(2) In general.
(a) No person, firm, or corporation shall erect, alter, construct,
enlarge, expand, repair, move, improve, convert, demolish, equip, use, occupy,
or maintain any building, structure, or portion thereof, within the City of
Monticello until proper permits have been issued by the Community
Development Department.
(b) No building permit or other permit pertaining to the use of
land or buildings shall be issued unless such building is designed and arranged
to conform to the provisions of this chapter.
(3) Exemptions. Building permits shall not be required for those
structures and improvements specifically exempted by the adopted building code
as may be amended (see Minn. Rule chapter 1300 "Administration of the State
(4) Surveys required.
(a) Every application for building permit shall be accompanied by a certified site survey
(excluding interior remodels, re -roofs, re -siding and general maintenance) at a scale and in quantities
deemed necessary by the Community Development Department. Because the survey will be used to
determine an application's conformance with City Code, it shall be the responsibility of the applicant to
ensure information provided on the survey corresponds to submitted building plans (including existing
and proposed topography). An issued building permit shall authorize only land alterations identified on
the survey. Surveys shall include all information as deemed necessary by the Community Development
Department to provide for the enforcement of this chapter.
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Zoning 161
(b) All new structures shall provide to the city an as -built foundation survey upon
completion of work to the foundation unless exempted by the Community Development Department. The
as -built foundation survey shall certify both the final setbacks of the structure being built, and the
elevations at which the new structure exists. Failure to provide a foundation survey upon foundation
completion will result in the builder continuing with construction at his/her own risk. Expenditures
incurred beyond the construction of the foundation will not be considered in determining the actions
required to bring the building back into conformance if not built to approved plans. The foundation
survey shall be on-site before the framing inspection is done and approved by the building official.
(c) All new structures shall provide to the city an as -built grading survey upon completion
of work unless exempted by the Community Development Department. The as -built grading survey shall
certify the final topography of the site and verify the drainage patterns existing upon completion of work.
The city reserves the right to withhold the certificate of occupancy for a dwelling until final grading
addresses all problems that may be detrimental to adjacent properties.
(5) Review. The Community Development Department shall review all building permit
applications for conformance to ordinance requirements.
(6) Unauthorized work. Work done without the authorization of a permit and/or found to be
out of conformance with approved plans shall be immediately halted and subject to the remedies and
penalties described in § 153.999. Structures being built out of conformance shall be brought into
conformance.
(I) Certificates of occupancy.
CERTIFICATE OF
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(1) Purpose. This section establishes the requirement for city approval
prior to the use or occupation of new buildings or structures, or prior to a change
in use within an existing structure. Issuance of a certificate of occupancy signifies
that the building or structure complies with all code requirements.
(2) Required.
(a) No building or structure hereafter erected or moved, or that
portion of an existing structure or building erected or moved, shall be occupied
or used in whole or in part for any purpose whatsoever until a certificate of
occupancy shall have been issued by the Community Development Department
stating that the building or structure complies with all provisions of this chapter.
(b) No change in use of an existing building or structure shall
occur until a certificate of occupancy shall have been issued by the Community
Development Department stating that the building or structure complies with all
provisions of this chapter.
(3) Application. A certificate of occupancy shall be applied for
coincident with an application for a building permit or prior to a proposed change in use.
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162 Monticello - Land Usage
(4) Issuance. A certificate of occupancy will be issued within ten days after the Community
Development Department shall have completed a final inspection and found the building or structure
conforming to all code requirements.
(J) Sign permits.
(1) Purpose and scope. This division sets out the procedures to follow
when requesting a sign permit.
(2) Initiation of proceedings. A request for a sign permit shall be
initiated by application of the property owner or other person having authority
to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a sign permit shall be in accordance with
§ 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a
sign permit shall also include at least the following to be considered complete
(except as exempted by the Community Development Department):
and lot.
1. Names and addresses of the applicant, owners of the sign
2. The address(es) at which the sign(s) are to be erected.
3. The lot, block and addition at which the signs are to be erected and the street on
which they are to front.
4. Type and size of sign (e.g., wall sign, pylon sign).
5. A site plan (or survey if required by the Community Development Department)
which is to scale showing the location of lot lines, building structures, parking areas, existing and
proposed signs and any other physical features.
6. Plans, location and specifications and method of construction and attachment to
the buildings or placement method on the ground.
7. Copy of stress sheets and calculations showing that the structure is designed for
dead load and wind pressure in any direction in the amount required by this and all other laws and
ordinances of the city, if required.
8. Written consent of the owner or lessee of any site on which the sign is to be
erected.
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Zoning 163
9. Any electrical permit required and issued for the sign.
10. A detailed description of any electronic or electrical components that are proposed
to be added to the sign.
11. If the proposed sign is a sandwich board sign to be located in the CCD District,
the owner of the sign shall provide a certificate of general liability insurance with minimum coverage
of $300,000 naming the city as an additional insured for the sign to be located upon the public
right-of-way within the CCD, Central Community District.
12. Other information to demonstrate compliance with this and all other ordinances
of the city.
(4) Review.
(a) Sign review criteria. Approval of a sign permit application shall be based on the
following criteria:
1. Whether the proposed sign is consistent with all the requirements of this chapter
and any other City Code requirements;
2. Whether the proposed sign is in compliance with the applicable zoning district and
overlay district regulations; and
3. Whether the proposed sign meets all the requirements or conditions of any
applicable development approvals or agreements.
(b) Sign review process.
1. The Community Development Department will review all sign permit requests.
2. Applications determined to conform with the approval criteria outlined in
§ 153.028(K)(4)(a) shall be approved by the Community Development Department with any conditions
deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all
conditions and comments.
3. Applications not conforming with the approval criteria outlined in
§ 153.028(K)(4)(a) shall be denied by the Community Development Department. A notice of denial shall
be provided to the applicant which includes all identified reasons for denial.
(5) Reasonable conditions. In approving a sign permit, the Community Development
Department may impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with a sign permit review criteria.
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164 Monticello - Land Usage
(6) Effect of a sign permit approval.
(a) The issuance of a sign permit shall authorize only the installation or replacement of
signage approved by the Community Development Department.
(b) A sign permit, including any conditions, shall run with the land and shall not be
affected by a change in ownership.
(7) Time limit.
(a) Failure to install the approved signage within six months of the date of approval will
invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community
Development Department if the applicant can show good cause.
(8) Amendments. All requested amendments to an existing sign permit shall be processed in
the same manner as a new application.
(9) Appeal. The applicant for a sign permit may appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(K) Temporary use permits.
(1) Purpose and scope. This division sets out the procedures to follow
when requesting a temporary use permit.
(2) Initiation of proceedings. A request for a temporary use permit shall
be initiated by application of the property owner or other person having authority
to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) Application.
(a) All applications for a temporary use permit shall be in
accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for a
temporary use permit shall also include at least the following to be considered
complete (except as exempted by the Community Development Department):
1. A written narrative which includes:
a. A description of the proposed temporary use, how it
will function on the property, hours and dates of operation, and any other information necessary to fully
describe the request; and
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Zoning
165
b. An explanation of how the proposed temporary use will meet each of the
criteria set forth in § 153.028(L)(4)(a), as well as any additional criteria that may apply for the specific
use as listed in §§ 153.090 through 153.093.
2. A site plan of the property showing all information necessary to accurately depict
how the proposed use will function on the site. Information required on the site plan shall include but
not be limited to:
a. The location of all existing and proposed structures;
b. Driveways and parking areas;
c. Proposed storage spaces;
d. Natural features such as woodlands, wetlands, shorelines, etc;
e. Proposed number of parking spaces (if applicable).
3. Any other information that may be reasonably required by the city to evaluate the
application.
(4) Review.
(a) Temporary use permit review criteria. Approval of a temporary use permit shall only
be granted once the Community Development Department has determined the use shall:
1. Not be detrimental to property or improvements in the surrounding area or to the
public health, safety, or general welfare;
2. Be compatible with the principal uses taking place on the site;
3. Not have substantial adverse effects or noise impacts on nearby residential
neighborhoods;
4. Not include permanent alterations to the site;
5. Not maintain temporary signs associated with the use or structure after the activity
ends;
6. Not violate the applicable conditions of approval that apply to a site or use on the
site;
7. Not interfere with the normal operations of any permanent use located on the
property; and
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166 Monticello - Land Usage
8. Contain sufficient land area to allow the temporary use, structure, or special event
to occur, as well as adequate land to accommodate the parking and traffic movement associated with the
temporary use, without disturbing environmentally sensitive lands.
(b) Temporary use permit review process.
The Community Development Department will review all temporary use permit
applications.
2. Applications determined to conform with the approval criteria outlined in
§ 153.028(L)(4)(a) shall be approved by the Community Development Department with any conditions
deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all
conditions and comments.
3. Applications not conforming with the approval criteria outlined in
§ 153.028(L)(4)(a) shall be denied by the Community Development Department. A notice of denial shall
be provided to the applicant which includes all identified reasons for denial.
(5) Reasonable conditions. In approving a temporary use permit, the Community Development
Department may impose such reasonable conditions and requirements as deemed necessary and
appropriate to ensure continued compliance with ordinance requirements.
(6) Effect of a temporary use permit approval.
(a) The issuance of a temporary use permit shall authorize only the specific temporary use
approved by the Community Development Department over the specified timeframe.
(b) A minimum of 90 Days shall be required between the expiration of a temporary use
permit and the issuance of another temporary use permit on the same site for an identical or similar use
as determined by the Community Development Department.
(7) Time limit. No permit shall authorize a temporary use for more than the allowable duration
specified in Table 5-6 for the specific temporary use.
(8) Amendments and withdrawals.
(a) All requested amendments to a temporary use permit shall be processed in the same
manner as a new application.
(b) Amendments may not alter the allowed timeframe for a temporary use if the temporary
use authorized under an existing permit has already begun.
(c) Approved temporary use permits may be withdrawn by the applicant prior to the
temporary use beginning to avoid the 90 days between temporary uses requirement in
§ 153.028(L)(6)(b).
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Zoning
167
(d) Approved permits for temporary uses that have already begun cannot be withdrawn.
(9) Appeals. The applicant for a temporary use permit may appeal the decision of the
Community Development Department to the Board of Adjustment and Appeals per § 153.028(H).
HOME
OCCU TION
(L) Administrative home occupation permits.
(1) Purpose and scope. This division sets out the procedures to follow
when requesting an administrative home occupation permit.
(2) Initiation of proceedings. A request for an administrative home
occupation permit shall be initiated by application of the property owner or other
person having authority to file an application pursuant to § 153.027(B), Authority
to File Applications.
(3) Application.
(a) All applications for an administrative home occupation permit
shall be in accordance with § 153.027, Common Review Requirements.
(b) In addition to general review requirements, applications for an
administrative home occupation permit shall also include at least the following
to be considered complete (except as exempted by the Community Development
Department):
1. A narrative regarding the home occupation which addresses the following issues:
a. How many employees will be working at the home occupation site;
b. What activities will be occurring in conjunction with the home based
occupation (i.e. office work, customer visits, sales, stock storage, etc);
c. Vehicle related issues (e.g. will there be a vehicle(s) used in conjunction with
the business? Will the business require any non-standard deliveries to the site? Where will customers
park? etc).
d. A calculation of the square footage within structures to be used by the home
occupation.
2. A site plan showing in general how the home occupation will operate on the site.
The site plan should show (as applicable):
a. All buildings to be used by the home occupation;
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168 Monticello - Land Usage
b. Proposed outdoor storage areas;
c. Proposed parking areas for vehicles and/or customers;
d. Proposed sign location(s) in conformance with sign regulations;
e. Any proposed alterations to buildings to accommodate the home occupation;
f. Any proposed features necessary to hide visible evidence of the home
occupation from either the public right-of-way or adjacent properties (e.g. plantings, screening fences,
etc).
(4) Review.
(a) Administrative home occupation review criteria. Approval of an administrative home
occupation permit shall be based on the following criteria:
1. The home occupation shall meet all of the general requirements for home
occupations in § 153.092(D)(18)(d);
2. The home occupation shall meet all of the general requirements specific to
administrative home occupations in § 153.092(D)(18)(f);
(b) Administrative home occupation review process.
1. The Community Development Department will review all administrative home
occupation permit applications.
2. Applications determined to conform with the approval criteria outlined in
§ 153.028(M)(4)(a) shall be approved by the Community Development Department with any conditions
deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all
conditions and comments.
3. Applications not conforming with the approval criteria outlined in
§ 153.028(M)(4)(a) shall be denied by the Community Development Department. A notice of denial shall
be provided to the applicant which includes all identified reasons for denial.
(5) Reasonable conditions. In approving an administrative home occupation permit, the
Community Development Department may impose such reasonable conditions and requirements as
deemed necessary and appropriate to ensure continued compliance with ordinance requirements.
(6) Effect of an administrative home occupation permit approval.
(a) The issuance of an administrative home occupation permit shall authorize only the
activities and uses approved by the Community Development Department.
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Zoning 169
(b) An administrative home occupation permit, including any conditions, shall run with
the land and shall not be affected by a change in ownership.
(c) The initial administrative home occupation permit for a property may be issued for a
period of one year.
(d) Renewals of existing administrative home occupation permits may be issued for periods
of up to three years at the discretion of the Community Development Department upon consideration of
the operation as observed by staff and the level of complaints made about the home occupation.
(e) An applicant shall not have a vested right to a permit renewal by reason of having
obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his
monetary investment in the home occupation will be fully amortized over the life of the permit and that
a permit renewal will not be needed to amortize the investment. Each application for the renewal of a
permit will be reviewed without taking into consideration that a previous permit has been granted. The
previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a
permit.
(7) Time limit.
(a) Failure to begin the approved home occupation within six months of the date of
approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community
Development Department if the applicant can show good cause.
(8) Amendments. All requested amendments to an administrative home occupation permit shall
be processed in the same manner as a new application.
(9) Appeal. The applicant for an administrative home occupation permit may appeal the
decision of the Community Development Department to the Board of Adjustment and Appeals per
§ 153.028(H).
(M) Grading, drainage and erosion control permit.
(1) Purpose. This section establishes when a grading, drainage stormwater management, and
erosion control permit ("grading permit") is required, how it will be reviewed, information required with
the application, and how unauthorized work will be handled. Requiring a grading permit enables the city
to protect the public by ensuring that erosion does not endanger water resources or unnecessarily require
extra maintenance of sewers and ditches and/or the dredging of lakes and ponds. A grading permit
promotes the public welfare by guiding, regulating, and controlling the design, construction, use, and
maintenance of any development or other activity that disturbs or breaks the topsoil or results in the
movement of earth on land in Monticello. All grading requirements can be found in § 153.069.
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170 Monticello - Land Usage
(2) In general. A grading permit shall be required for land -disturbing activity that would
require the uncovering or distributing of material in excess of any of the following measurements:
(a) Five thousand square feet.
(b) Four hundred cubic yards undeveloped land, or 40 cubic yards developed land.
(c) Within 200 feet of a waterway or surface water(s).
(3) Exceptions.
(a) No grading permit is required for land disturbances under the amounts specified in
§ 153.028(M)(2), or for the following activities:
1. Any emergency activity that is immediately necessary for the protection of life,
property or natural resources.
2. General establishment of new construction lawns, or the addition of four or fewer
inches of topsoil.
3. Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
(b) In the case of grading specific to and in conjunction with a single building permit, a
separate grading permit is not required.
1. The building permit shall be reviewed and serve as the grading permit.
2. The individual lot permittee shall be required to provide a letter of credit or other
security deemed acceptable by the city with the building permit application.
a. The security shall cover city costs for street sweeping, installation,
maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the
current city ordinance for fee schedule. Said security shall be provided prior to the release of the grading
permit.
b. The security shall be released after turf is established as specified in the City
Design Guidelines and Plan Requirements Manual, and the turf establishment is inspected by the City
of Monticello and deemed to be approved.
(4) Application.
(a) All applications for a grading permit shall be in accordance with § 153.027, Common
Review Requirements.
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(b) In addition to general review requirements, applications for a grading permit shall also
include at least the following to be considered complete (except as exempted by the Community
Development Department):
1. Each application shall bear the name(s) and address(es) of the owner or developer
of the site, and of any consulting firm retained by the applicant together with the name of the applicant's
principal contact at such firm.
2. A grading, drainage, stormwater management, and erosion control plan meeting
the requirements of § 153.069(D). Each application shall include the required number of plans and other
required materials as specified by the Community Development Department.
3. The application form shall include a statement by the applicant that any land
clearing, construction, or development involving the movement of earth shall be in accordance with the
approved grading, drainage, stormwater management, and erosion control plan.
4. The permittee will be required to file with the City of Monticello an irrevocable,
automatically renewing letter of credit, or other improvement security in the amount specified by the
current city ordinance for fee schedule. This security shall be in addition to the required non-refundable
filing fee as specified by city ordinance, which shall be submitted under separate payment.
a. The security shall cover all costs of engineering and inspection, site
improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements
for such period as specified by the City of Monticello. Said security shall be provided prior to the release
of the grading permit.
b. Security shall be released after final stabilization is complete, erosion control
measures have been removed and their removal area inspected by the City of Monticello and deemed to
be approved.
(c) The City of Monticello requires complete application no less than 15 working days in
advance of the desired grading permit release date.
(5) Review.
(a) Grading permit review criteria. Approval of a grading permit shall be based on the
following criteria:
1. Whether the proposed grading permit is consistent with all the requirements of
§ 153.069 and any other City Code requirements;
2. Whether the proposed grading permit is in compliance with all engineering
standards adopted by the city;
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3. Whether the proposed grading permit is in compliance with any previous approvals
for the facility (e.g. grading for additional parking previously approved by a conditional use permit).
(b) Grading permit review process.
1. The Community Development Department shall review all grading permit
applications.
2. Applications determined to conform with the approval criteria outlined in
§ 153.028(M)(5)(a) shall be approved by the Community Development Department with any conditions
deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all
conditions and comments.
3. Applications not conforming with the approval criteria outlined in
§ 153.028(M)(5)(a) shall be denied by the Community Development Department. A notice of denial shall
be provided to the applicant which includes all identified reasons for denial.
(6) Reasonable conditions. In approving a grading permit, the Community Development
Department may impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with the grading permit review criteria and other city
ordinances.
(7) Effect of grading permit approval. The issuance of a grading permit shall authorize only
the changes approved by the Community Development Department as depicted by the application
materials.
(8) Time limit.
(a) Failure to complete the authorized grading within six months of the date of approval
will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community
Development Department if the applicant can show good cause.
(9) Amendments. All requested amendments to an existing grading permit shall be processed
in the same manner as a new application.
(10) Unauthorized work. Work done without the authorization of a permit and/or found to be
out of conformance with approved plans shall be immediately halted and subject to the remedies and
penalties described in § 153.999. Driveways or parking lots being built out of conformance shall be
brought into conformance.
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(11) Appeal. The applicant for a grading permit my appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per § 153.028(H).
(N) Driveway permits.
(1) Purpose. This section establishes when a driveway permit is
required, how it will be reviewed, information required with the application,
and how unauthorized work will be handled. Requiring a driveway permit
enables the city to inspect work done within the right-of-way, protect the public
by setting and enforcing construction standards and ensure proper pavement
construction.
(2) Initiation of proceedings. A request for a driveway permit shall be
initiated by application of the property owner or other person having authority
to file an application pursuant to § 153.027(B), Authority to File Applications.
(3) In general.
(a) A driveway permit shall be required for the installation,
repair, expansion, reconfiguration or resurfacing of any driveway or parking lot
intended for use by more than three vehicles.
(b) A driveway permit shall only be issued after the Community
Development Department determines the proposed plan sets adhere to the city's
adopted engineering standards.
(4) Application.
(a) All applications for a driveway permit shall be in accordance with § 153.027, Common
Review Requirements.
(b) In addition to general review requirements, applications for a driveway permit shall
also include at least the following to be considered complete (except as exempted by the Community
Development Department):
1. A written narrative providing the following information:
a. The legal description, address, and owners name of the premises involved;
b. The date on which the proposed improvement is proposed to be commenced;
c. The name, address, and contact information for the contractor being hired to
complete the proposed improvements.
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2. A site plan (or certified site survey if required by the Community Development
Department) at a scale and in quantities deemed necessary by the Community Development Department
showing:
a. Lot dimensions;
b. Lot area in square feet;
c. Location of all existing buildings, landscaping, screening and natural features
as directed by the Community Development Department (including but not limited to woodlands,
wetlands, shorelines, and individual trees which may be impacted by the proposed driveway or parking
lot construction);
d. Location of the existing driveway (if applicable), the proposed driveway and
the square footage of each;
e. Location of existing public sidewalks and trails;
f. Calculation of the existing and proposed impervious surface coverage on the
lot;
g. Identify existing and proposed curb types specifically calling out proposed
changes to existing facilities.
3. For new construction and expansions, an erosion control plan shall be submitted.
(5) Review.
(a) Driveway permit review criteria. Approval of a driveway permit shall be based on the
following criteria:
1. Whether the proposed driveway permit is consistent with all the requirements of
this chapter and any other City Code requirements;
2. Whether the proposed driveway permit is in compliance with all engineering
standards adopted by the city;
3. Whether the proposed driveway permit is in compliance with any previous
approvals for the facility (e.g. adding parking as previously approved by a conditional use permit).
(b) Driveway permit review process.
1. The Community Development Department shall review all driveway permit
applications.
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2. Applications determined to conform with the approval criteria outlined in
§ 153.028(0)(4)(a) shall be approved by the Community Development Department with any conditions
deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all
conditions and comments.
3. Applications not conforming with the approval criteria outlined in
§ 153.028(0)(4)(a) shall be denied by the Community Development Department. A notice of denial shall
be provided to the applicant which includes all identified reasons for denial.
(6) Reasonable conditions. In approving a driveway permit, the Community Development
Department may impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with the driveway permit review criteria.
(7) Effect of driveway permit approval. The issuance of a driveway permit shall authorize only
the changes approved by the Community Development Department as depicted by the application
materials.
(8) Time limit.
(a) Failure to complete driveway or parking lot improvements within six months of the
date of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the Community
Development Department if the applicant can show good cause.
(9) Amendments. All requested amendments to an existing driveway permit shall be processed
in the same manner as a new application.
(10) Unauthorized work. Work done without the authorization of a permit and/or found to be
out of conformance with approved plans shall be immediately halted and subject to the remedies and
penalties described in § 153.999. Driveways or parking lots being built out of conformance shall be
brought into conformance.
(11) Appeal. The applicant for a grading permit my appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per § 153.028(H).
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(0) Planned unit developments.
PLANNED UNIT
DEVELOPMENT
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(1) Purpose and intent. The purpose of the Planned Unit Development
(PUD) zoning district is to provide greater flexibility in the development of
neighborhoods and non-residential areas in order to maximize public values and
achieve more creative development outcomes while remaining economically
viable and marketable. This is achieved by undertaking a process that results in
a development outcome exceeding that which is typically achievable through the
conventional zoning district. The city reserves the right to deny the PUD
rezoning and direct the developer to re -apply under the standard applicable
zoning district.
(2) Initiation of proceedings. Applications for a PUD shall be initiated
by application of the property owner or other person having authority to file an
application pursuant to § 153.027(B), Authority to File Applications.
(3) Reflection on the official zoning map.
(a) PUD provisions provide an optional method of regulating land
use which permits flexibility in allowed uses and other regulating provisions. In
some circumstances, however, rules and regulations governing the original
zoning district, or other zoning regulations found elsewhere in the city's
ordinances, may be appropriate to apply within the PUD. As such, approval of
a Planned Unit Development and execution of a PUD agreement shall require
the property in question be rezoned to PUD. For each PUD District, a specific
ordinance shall be adopted, along with a tracking designation for use on the
official zoning map to distinguish it from other PUD districts and identify the
adopted ordinance in the City Code. Once a PUD has been granted and is in
effect for a parcel, no building permit shall be issued for that parcel which is not
in conformance with the approved PUD Plan, the current Minnesota State
Building Code and all associated documents, and with all other applicable City
Code provisions.
(b) All PUD rezonings approved prior to the effective date of this
chapter shall retain their zoning classifications of R -PUD, and shall continue to
be governed by the ordinance and resolutions which created these areas.
(c) All PUDs previously granted by conditional use permit shall
continue to be regulated under the terms of the CUP.
(4) Permitted locations for PUD rezoning. A rezoning to PUD may be
requested for any area regardless of current zoning.
Zoning 177
(5) PUD qualifications. Rezonings to PUD will be considered only for areas of land in single
ownership or control, except in the following circumstances:
(a) Natural features of the land are such that development under standard zoning
regulations would not be appropriate in order to conserve such features;
(b) The land is intended to be developed in accordance with a prior PUD adjacent to or
across the street from the subject property;
(c) The PUD process is desirable to ensure compatibility and careful consideration of the
effect of a development on surrounding land uses;
(d) Multiple party ownership is adequately secured through a corporation, partnership, or
other legal entity that will ensure the ability to fulfill all of the obligations of the PUD process, including
approvals, development, and securities.
(6) Permitted uses within PUDs. Uses within a PUD shall be governed by the ordinance
establishing the PUD and by the conditions, if any, imposed by the city in the approval process and PUD
documents.
(7) Expectations of a development seeking a rezoning to PUD. Planned unit development is
designed to allow flexibility from the application of standard zoning regulations to achieve a variety of
public values that will be identified for each specific PUD project. The following list represents examples
of public values that may be applicable to any individual PUD project, but is not necessarily inclusive,
nor are all examples applicable to all projects:
(a) Ensure high quality construction standards and the use of high quality construction
materials;
(b) Promote a variety of housing styles which include features such as side or rear loaded
garages, front porches, varying roof pitches, and four sided architecture/articulation;
(c) Eliminate repetition of similar housing types by encouraging a housing mixture that
diversifies the architectural qualities of a neighborhood;
(d) Promote aesthetically pleasing design within the neighborhood and appears attractive
and inviting from surrounding parcels;
(e) Incorporate extensive landscaping and site amenities in excess of what is required by
code;
(f) Provide high-quality park, open space, and trail opportunities that exceed the
expectations established in the Comprehensive Plan;
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(g) Provide access to a convenient and efficient multi -modal transportation system to
service the daily needs of residents at peak and non -peak use levels, with high connectivity to the larger
community;
(h) Promote development that is designed to reduce initial infrastructure costs and
long-term maintenance and operational costs;
(i) Where applicable, maximize the use of ecologically -based approaches to stormwater
management, restore or enhance on-site ecological systems, and protect off-site ecological systems
including the application of low impact development (LID) practices;
0) Facilitate a complementary mix of lifecycle housing;
(k) Preserve and protect important ecological areas identified on the city's natural resource
inventory (NRI);
(1) Accommodate higher development intensity in areas where infrastructure and other
systems are capable of providing appropriate levels of public services, and require lower intensity in
areas where such services are inadequate, or where natural features require protection and/or
preservation.
(8) Areas of flexibility.
(a) The city may consider an increase in the density or intensity of the project, along with
related reductions in lot width and size if the PUD provides substantially more site amenities and public
values, as outlined in § 153.028(0)(7), than could be achieved in a conventional development for the
applicable land use zone.
(b) The city may consider flexibility with regard to land uses, setbacks, lot size, width,
and depth, among other zoning standards when reviewing a PUD rezoning request. Specifications and
standards for lots shall be at the discretion of City Council, and shall encourage a desirable living or
working environment which assists in achieving the goals set out for PUDs.
(c) The city may consider flexibility in the phasing of a PUD development. Changes to
the proposed staging or timing of a PUD may be approved by the City Council when necessary or on
the showing of good cause by the developer.
(9) PUD procedure. All requests for rezoning to planned unit development shall follow the
steps outlined below.
(a) PUD concept proposal.
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1. Prior to submitting formal development stage PUD, preliminary plat (as applicable)
and rezoning applications for the proposed development, the applicant may, at its option, prepare an
informal concept plan and present it to the Planning Commission and City Council at a concurrent work
session, as scheduled by the Community Development Department. The purpose of the concept proposal
is to:
a. Provide preliminary feedback on the concept plan in collaboration between
the applicant, general public, Planning Commission , and City Council;
b. Provide a forum for public comment on the PUD prior to a requirement for
extensive engineering and other plans;
c. Provide a forum to identify potential issues and benefits of the proposal which
can be addressed at succeeding stages of PUD design and review.
2. a. Initiation of proceedings. A request for a PUD concept proposal review shall
be initiated by the property owner and other person or party having an interest in concept proposal.
b. Proposal submittal.
(i) All proposals for a PUD concept proposal review shall be in accordance
with § 153.027, Common Review Requirements.
(ii) In addition to common review requirements, proposals for a PUD Concept
Plan Review shall also include at least the information in § 153.028(0)(9)(b)3. below to be considered
complete (except as exempted by the Community Development Department).
c. Specific PUD concept proposal submittal requirements. The following
information shall be provided unless waived by staff:
(i) A listing of contact information including name(s), address(es) and phone
number(s) of: the owner of record, authorized agents or representatives, engineer, surveyor, and any
other relevant associates.
(ii) A listing of the following site data: Address, current zoning, parcel size
in acres and square feet and current legal description(s).
(iii) A narrative explaining the applicant's proposed objectives for the PUD,
and public values that the applicant believes may be achieved by the project.
(iv) A listing of general information including the number of proposed
residential units, commercial and industrial land uses by category of use, public use areas including a
description of proposed use, and any other land use proposed as part of the PUD.
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(v) Calculation of the proposed density of the project and the potential density
under standard zoning regulations, including both gross density and net density, accounting for
developable and undevelopable land. Undevelopable land shall include all wetlands, floodplains, sensitive
ecological areas identified in the Natural Resource Inventory, slopes greater than 18 %, poor soils and
areas of concentrated woodlands.
(vi) Outline a conceptual development schedule indicating the approximate
date when construction of the project, or stages of the same, can be expected to begin and be completed
(including the proposed phasing of construction of public improvements and recreational and common
space areas).
(vii) A concept PUD proposal illustrating the nature and type of proposed
development. At a minimum, the plan should show:
A. Area calculations for gross land area;
B. Existing zoning district(s);
C. Layout of proposed lots and proposed uses. Denote outlots planned
for public dedication and/or open space (schools, parks, etc.);
D. Area calculations for each parcel;
E. General location of wetlands and/or watercourses over the property
and within 200 feet of the perimeter of the subdivision parcel;
F. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel;
G. Proposed sidewalks and trails;
H. Proposed parking areas;
I. Proposed parks, common areas, and preservation easements (indicate
public vs. private if applicable);
J. General location of wooded areas or significant features
(environmental, historical, cultural) of the parcel;
K. Location of utility systems that will serve the property; and
L. Other: An applicant may submit any additional information that may
explain the proposed PUD.
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(viii) A listing of the areas of flexibility from the standard zoning sought
through the use of PUD design.
d. PUD concept plan proposal review. Upon receiving a PUD concept plan
proposal, the Community Development Department shall:
(i) Schedule a joint meeting of the Planning Commission and City Council
and shall provide notice of the meeting to all property owners within 350 feet of the property boundary
of the proposal. During the concurrent meeting, the Planning Commission and City Council may make
comment on the merit, needed changes, and suggested conditions which may assist the proposer in future
application for proposed rezoning and PUD development plan.
A. The Planning Commission and City Council may also take comment
from the public as part of the joint meeting.
B. The Council and Planning Commission shall make no formal decision
as part of the consideration The City Council and Planning Commission's comments are explicitly not
an approval or decision on the project, and are intended to represent preliminary feedback related to this
PUD ordinance, the applicable zoning regulations, and the Comprehensive Plan.
(b) PUD development stage, preliminary plat, and rezoning.
1. Initiation ofproceedings. Requests for PUD development stage, rezoning to PUD
and preliminary plat shall be initiated by application of the property owner or other person having
authority to file an application pursuant to § 153.027(B), Authority to File Applications. The
development stage PUD request shall be subject to timelines set by M.S. § 15.99, as it may be amended
from time to time. If the applicant has processed an optional concept proposal review pursuant to
§ 153.028(D)(9)(a), the development stage application shall be submitted within six months of such
review. If more than six months have elapsed since the concept review, the application must be processed
as a new concept proposal unless the Community Development Department determines to waive this
provision.
2. Application.
a. All applications for rezoning to PUD and preliminary plat shall be in
accordance with § 153.027, Common Review Requirements.
b. The application for rezoning to PUD shall be in accordance with
§ 153.028(B), Zoning Ordinance Text and Zoning Map Amendments.
c. The application for preliminary plat (as applicable) shall be in accordance with
City Code, data required for preliminary and final plats; and shall include the additional information
requirements listed in § 153.028(0)(9)(c)3. below to be considered complete (except as exempted by the
Community Development Department).
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d. If the PUD is proposed to develop over a timeframe exceeding two years, a
PUD phasing plan for the entire project (to be completed in phases) may be submitted. Subsequent PUD
Final plan applications would only grant approval for an individual phase.
3. Specific PUD development stage, preliminary plat and rezoning submittal
requirements. An applicant shall provide a separate PUD development stage plan clearly delineating the
proposed development and all features not consistent with underlying zoning regulations (e.g. setback
deviations). At a minimum, the plan should show:
a. All required information per § 153.028(0)(9)(b)3.;
b. Administrative information (including identification of the drawing as a "PUD
development stage plan," the proposed name of the project, contact information for the developer and
individual preparing the plan, signature of the surveyor and civil engineer certifying the document, date
of plan preparation or revision, and a graphic scale and true north arrow);
c. Area calculations for gross land area, wetland areas, wetland buffers,
right-of-way dedications, conservation areas, and proposed public and private parks;
d. Existing zoning district(s);
e. Layout of proposed lots with future lot and block numbers. The perimeter
boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots
planned for public dedication and/or open space (schools, parks, etc.);
buildable area;
f. Area calculations for each parcel;
g. Proposed setbacks on each lot (forming the building pad) and calculated
h. Proposed gross hardcover allowance per lot (if applicable);
i. Existing contours at intervals of two feet. Contours must extend a minimum
of 200 feet beyond the boundary of the parcel(s) in question;
j . Delineation of wetlands and/or watercourses over the property and within 200
feet of the perimeter of the subdivision parcel;
k. Delineation of the ordinary high water levels of all water bodies;
1. Grading drainage and erosion control plan prepared by a registered
professional engineer, providing all information outlined in § 153.069(C);
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Zoning 183
m. Location, width, and names of existing and proposed streets within and
immediately adjacent to the subdivision parcel;
n. Easements and rights-of-way within or adjacent to the subdivision parcel(s);
o. The location and orientation of proposed buildings;
p. Colored building elevations which detail the materials being used;
q. Proposed sidewalks and trails;
r. Vehicular circulation system showing location and dimension for all
driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access,
if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic
control devices;
s. Lighting location, style and mounting and light distribution plan.
t. Proposed parks, common areas, and preservation easements (indicate public
vs. private if applicable);
u. Landscape plan prepared by a qualified professional providing all information
outlined in § 153.060(D) including planting counts, sizes and species;
v. Location and detail of signage providing all pertinent information outlined in
§ 153.028(K)(3)(b).
w. Location, access and screening detail of large trash handling and recycling
collection areas in compliance with the requirements of § 153.092(D)(34).
Department.
x. Any other information as directed by the Community Development
4. PUD development stage, preliminary plat and rezoning to PUD review.
a. The application for rezoning to PUD shall be reviewed in accordance with
§ 153.028(B), Zoning Ordinance Text and Zoning Map Amendments.
b. The application for Preliminary Plat shall be reviewed in accordance with City
Code Title 11, Preliminary Plat Procedure.
c. As part of the review process for both applications, the Community
Development Department shall generate an analysis of the proposal against the expectations for PUDs
and this chapter to formulate a recommendation regarding the rezoning to the Planning Commission and
City Council.
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d. The Planning Commission shall hold a public hearing and consider the
application's consistency with the intent and purpose of the PUD and comprehensive plan goals. The
Planning Commission shall make recommendations to the City Council on the merit, needed changes,
and suggested conditions of the proposed rezoning, preliminary plat and PUD development plan.
e. In approving or denying the PUD development stage application and ordinance
to rezone the subject property to PUD, the City Council shall make findings on the following:
(i) Whether the PUD plan is consistent with the city's comprehensive plan;
(ii) Whether the PUD plan is tailored to the specific characteristics of the site
and achieves a higher quality of site planning and greater public benefits than would be achieved under
conventional provisions of the ordinance;
(iii) Whether the PUD plan addresses the purpose and intent of the PUD
rezoning laid out in § 153.028(0)(1), and the public values statement established at the beginning of the
process;
(iv) Whether the PUD plan addresses the expectations of a PUD laid out in
§ 153.028(0)(7);
(v) Whether the PUD plan maintains or improves the efficiency of public
streets, utilities, and other public services;
(vi) Whether the PUD plan results in development compatible with existing
adjacent and future guided land uses;
(vii) Whether the PUD can be accommodated by existing public services,
such as parks, police, fire, administration, and utilities, or the developer has provided for the growth
and extension of such services as a component of the PUD.
(viii) Whether the PUD is designed to take advantage of, and preserve, the
natural features of the subject property, including waterways, forested areas, natural prairie, topography,
views, etc.
f. An ordinance rezoning the property shall be prepared by the city, for review
at the development stage PUD, but adoption of such ordinance shall occur only upon approval of the
final stage PUD.
(c) PUD final plat.
1. Initiation of proceedings.
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Zoning 185
a. A final stage PUD plan and final plat that conforms with the approved
Development stage PUD and preliminary plat and associated PUD rezoning ordinance shall be submitted
no later than 60 days following the development stage PUD approval for review within the time allotted
by M.S. § 15.99, as it may be amended from time to time. Applicants may request an extension for such
submittal for a maximum of an additional six months), and shall request waivers for any statutory time
limits as necessary. Applications which fail to meet this deadline shall be deemed void and shall require
review and re-application according to the development stage PUD process of this chapter.
b. The request for PUD final stage and final plat shall be initiated by application
of the property owner or other person having authority to file an application pursuant to § 153.027(B),
Authority to File Applications.
2. Application.
a. All applications for PUD final stage and final plat shall be in accordance with
§ 153.027, Common Review Requirements.
b. The application for PUD final plat shall be in accordance with City Code,
Data Required for Preliminary and Final Plats.
c. In addition to general city code requirements, applications for a PUD final
stage and final plat shall also include at least the information in § 153.028(0)(9)(d)3. below to be
considered complete (except as exempted by the Community Development Department).
3. Specific PUD final stage and final plat submittal requirements.
a. If a PUD master plan for the entire project was submitted and approved as part
of the PUD development stage, an updated master plan shall be submitted incorporating all changes
required by the PUD development stage approval.
b. The PUD development stage plan shall be updated to incorporate all changes
required by the PUD, preliminary plat and rezoning approvals. This document must clearly show all
deviations from standard zoning being approved as part of the PUD.
c. The city shall prepare, and the applicant shall execute, a developer's
agreement which references all PUD plans, development phasing, required improvements, completion
dates for improvements, the required letter of credit, all required development fees, escrows, and
warranties, and any other information deemed necessary by the city.
d. The city shall, upon approval of the PUD final stage, recording of the final
plat, and execution of the PUD developer's agreement, publish the PUD ordinance specifying land use,
densities, performance standards, and ongoing general obligations of occupants of the PUD. Such
ordinance shall create a zoning district that is specific to the property for which the PUD was applied,
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and shall be designated in such a way as to be able to mark the official zoning map to identify the PUD
ordinance. The PUD ordinance shall also designate that such property is thereby rezoned to the PUD
district as adopted.
e. Up-to-date title evidence for the subject property in a form acceptable to the
city shall be provided as part of the application for the PUD final plat.
f. Developer shall provide warranty deeds for property being dedicated to the
city for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the
City Council.
g. Developer shall provide all easement dedication documents for easements not
shown on the final plat including those for trails, ingress/egress, etc., together with all necessary
consents to the easement by existing encumbrancers of the property.
4. PUD final stage and final plat review. The application for PUD final stage and
final plat shall be considered by the City Council at a public meeting, following a review and report by
the Community Development Department. Approval of the PUD final stage and final plat shall be by
simple majority vote of the City Council, except where State law may specifically require a super
majority.
5. Final PUD approval shall occur by adoption of a rezoning ordinance for the subject
property specifying the uses, standards, and other requirements of said PUD zoning district. Such
ordinance shall include an effective date clause which may delay the effective date of the ordinance until
such time as the applicant has met each of the conditions of approval required by the City Council, in
addition to other requirements including publication. No approvals are valid, and no permits may be
issued, until the ordinance takes effect. If the final PUD is not approved by the City Council, or the
applicant fails to meet the conditions as described, the ordinance shall not take effect, and the subject
property shall retain its previous zoning designation.
(10) PUD amendments. Approved PUDs may be amended from time to time as a result of
unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the
applicant shall make an application to the city for a PUD amendment. All such amendments will be
processed as one of the following:
(a) Administrative amendment. The Community Development Department may approve
minor changes in the location, placement, and height of buildings if such changes are required by
engineering or other circumstances, provided the conform to the review criteria applied by the Planning
Commission and City Council, and are consistent with all requirements of the PUD ordinance. Under
no circumstances shall an administrative amendment allow additional stories to buildings, additional lots,
or changes to designated uses established as part of the PUD. An administrative amendment shall be
memorialized via letter signed by the Community Development Director and recorded against the PUD
property.
2022S-3
Zoning 187
(b) PUD Adjustment. An adjustment to a PUD may be made through review and approval
by a simple majority vote of the City Council with or without referral to the Planning Commission. For
a PUD adjustment, the applicant shall follow the procedures and requirements of the PUD final stage
as identified in this chapter. A PUD adjustment shall be memorialized with an amendment to the PUD
development agreement, executed by the city and applicant, and recorded against the PUD property. To
qualify for this review, the minor adjustment shall not:
1. Eliminate, diminish or be disruptive to the preservation and protection of sensitive
site features.
2. Eliminate, diminish or compromise the high quality of site planning, design,
landscaping or building materials.
3. Alter significantly the location of buildings, parking areas or roads.
4. Increase or decrease the number of residential dwelling units by more than 5%.
5. Increase the gross floor area of non-residential buildings by more than 3 % or
increase the gross floor area of any individual building by more than 5 % (residential lots not guided for
specific structure sizes are excluded from this requirement).
6. Increase the number of stories of any building.
7. Decrease the amount of open space or alter it in such a way as to change its
original design or intended function or use.
8. Create non-compliance with any condition attached to the approval of the final
PUD plan.
(c) PUD amendment. Any change not qualifying for an administrative amendment or a
PUD adjustment shall require a PUD amendment. An application to amend a PUD shall be administered
in the same manner as that required for an initial PUD beginning at PUD development stage and
preliminary plat.
(11) PUD cancellation. A PUD shall only be cancelled and revoked upon the City Council
adopting an ordinance rescinding the ordinance approving the PUD. Cancellation of a PUD shall include
findings that demonstrate that the PUD is inconsistent with the Comprehensive Plan or other application
land use regulations, threatens public safety, health, or welfare, or other applicable findings in
accordance with law.
2022S-3
188 Monticello - Land Usage
(12) Administration. In general, the following rules shall apply to all PUDs:
(a) Rules and regulations. No requirement outlined in the PUD process shall restrict the
City Council from taking action on an application if necessary to meet state mandated time deadlines;
(b) Preconstruction. No building permit shall be granted for any building on land for
which a PUD plan is in the process of review, unless the proposed building is allowed under the existing
zoning and will not impact, influence, or interfere with the proposed PUD plan.
(c) Effect on conveyed property. In the event any real property in the approved PUD
agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the
approved final PUD plan constituting a part thereof as well as the PUD zoning ordinance; provided,
however, that nothing herein shall be construed to create nonconforming lots, building sites, buildings
or uses by virtue of any such conveyance of a lot, building site, building or part of the development
created pursuant to and in conformance with the approved PUD.
(P) Specific PUDs.
(1) Twin Pines PUD District.
(a) Purpose. The purpose of the Twin Pines PUD District is to provide for the
development of certain real estate subject to the District for multiple -family residential land uses.
(b) Permitted uses. Permitted principal uses in the Twin Pines PUD District shall be
multiple -family residential uses as found in the R-4, Medium -High Density Residential District of the
Monticello Zoning Ordinance, subject to the approved final stage development plans dated October 7,
2022 and development agreement dated February 28, 2022, as may be amended. The introduction of any
other use from any district shall be reviewed under the requirements of § 153.028(0) - Planned Unit
Developments for Development Stage PUD and Final Stage PUD.
(c) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
residential uses as specifically identified by the approved final stage PUD plans.
(d) District performance standards. Performance standards for the development of any lot
in the Twin Pines PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the R-4, Medium -High Density Residential District shall apply.
2022S-3
Zoning 189
(e) Amendments. Where changes to the PUD are proposed in the manner of use, density,
site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of § 153.028(0)(10). The city may require that
substantial changes in overall use of the PUD property be processed as a new project, including a zoning
district amendment.
(2) Haven Ridge 2nd Addition PUD District.
(a) Purpose. The purpose of the Haven Ridge 2nd Addition PUD District is to provide for
the development of certain real estate subject to the District for single-family residential land uses.
(b) Permitted uses. Permitted principal uses in the Haven Ridge 2nd Addition PUD District
shall be single-family residential uses as found in the R-1, Single -Family Residential District of the
Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated June 7,
2022 , and development agreement dated July 25, 2022, as may be amended. The introduction of any
other use from any district shall be reviewed under the requirements of § 153.028(0) - Planned Unit
Developments for Development Stage PUD and Final Stage PUD.
(c) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
single-family residential uses, as specifically identified by the approved final stage PUD plans.
(d) District performance standards. Performance standards for the development of any lot
in the Haven Ridge 2nd Addition PUD District shall adhere to the approved final stage PUD plans and
development agreement. Specific to the single-family dwellings in the District, the following
requirements shall apply:
1. Adherence to the City's T -N, Traditional Neighborhood zoning lot standards and
setbacks, in the absence of a PUD design element addressing the other items in this list.
2. Those standards include the following:
a. Twenty-five foot front setbacks, with six -feet side yards and 20 -feet rear
yards.
b. Building sizes of 1,050 finished, and 2,000 square feet finishable area.
c. Garage square footage of at least 480 square feet.
d. Roof pitches of at least five to 12.
2022S-3
190 Monticello - Land Usage
e. Brick/stone on front facade equal to at least 15 % of all front -facing surfaces.
Livable portions of the home exposed to the front street will achieve between
40 to 50% of the width of the structure, with designs to be approved through the PUD process.
g. Usable front porches or similar features.
h. Front entry doors no greater than six feet farther back from the garage doors.
i. Additional large tree planting (including trees of at least three inches caliper
planting size) in the front yards of the proposed lots to make a more immediate impact on the streetscape.
j. Driveway standards per the R-1 District.
(e) In such case where any proposed improvement is not addressed by the final stage PUD,
then the regulations of the R-1, Single -Family Residential District shall apply.
(f) Amendments. Where changes to the PUD are proposed in the manner of use, density,
site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of § 153.028(0)(10). The city may require that
substantial changes in overall use of the PUD property be processed as a new project, including a zoning
district amendment.
(3) Country Club Manor Second Addition PUD District.
(a) Purpose. The purpose of the Country Club Manor Second Addition PUD District is
to provide for the development of certain real estate subject to the District for mixed residential land
uses.
(b) Permitted uses. Permitted principal uses in the Country Club Manor Second Addition
PUD District shall be multiple -family residential uses on Lot 1, Block 5, and two-family residential uses
in the remainder of Country Club Manor Second Addition, subject to the approved final stage
development plans dated July 7, 2022, and development agreement dated September 26 , 2022, as may
be amended. The introduction of any other use from any district shall be reviewed under the
requirements of § 153
PUD.
2022S-3
028(0)- Planned Unit Developments for Development Stage PUD and Final Stage
Zoning 191
(c) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
the various residential uses, as specifically identified by the approved final stage PUD plans.
(d) District performance standards. Performance standards for the development of any lot
in the Headwaters West PUD District shall adhere to the approved final stage PUD plans and
development agreement.
(e) In such case where any proposed improvement is not addressed by the final stage PUD,
then the regulations of the R-4 Residential District shall apply in Country Club Manor Second Addition,
Lot 1, Block 5 and the R-3 Residential District shall apply to the remainder of County Club Manor
Second Addition.
(f) Amendments. Where changes to the PUD are proposed in the manner of use, density,
site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of § 153.028(0)(10). The city may require that
substantial changes in overall use of the PUD property be processed as a new project, including a zoning
district amendment.
(Ord. 770, passed 2-28-2022; Ord. 781, passed 7-25-2022; Ord. 786, passed 9-26-2022)
2022S-3
192
Monticello - Land Usage
ZONING DISTRICTS
§ 153.040 GENERAL PROVISIONS.
(A) Adoption of zoning map. The map entitled City of Monticello Zoning Map, January 24, 2011,
hereinafter referred to as the "zoning map," and all explanatory matters thereon, are hereby adopted and
made a part of this chapter. Questions concerning a zoning designation or boundaries of a zoning district
shown on the zoning map shall be resolved by referring back to the previously adopted ordinances
delimiting the districts and boundaries.
(B) Types of zoning districts. Land within the city is generally classified by this chapter to be within
one of a number of base zoning districts. Land within any base zoning district may also be classified into
one or more overlay zoning districts, in which case regulations governing development in the overlay
district shall apply in addition to the regulations governing development in the underlying base zoning
district, unless expressly stated otherwise.
(C) District boundaries.
(1) The boundaries of the districts are established as shown on the zoning map. Unless
otherwise indicated on the zoning map, the district boundaries are parcel lines or the corporate limit
lines, as they existed at the time of the enactment of this chapter.
(2) New base district lines or rezoning lines shall follow parcel lines.
(D) Zoning classifications for newly annexed property. Any land annexed to the city in the future
shall initially be placed in the A -O Agricultural Open District, unless placed in another district by action
of the City Council after recommendation of the Planning Commission.
2022S-3
Zoning
§ 153.041 DISTRICTS ESTABLISHED.
193
(A) Establishment of base districts. Table 3-1, Base Zoning Districts, sets out the base residential,
business, and industrial zoning districts established by this chapter.
TABLE 3-1: BASE ZONING DISTRICTS
Abbreviation
District Name
Residential Districts
A -O
Agricultural Open District
R -A
Residential Amenities District
R-1
Single-family Residential District
R-2
Single and Two-family Residential District
T -N
Traditional Neighborhood District
R-3
Medium Density Residential District
R-4
Medium -High Residential District
M -H
Mobile &Manufactured Home Park District
Business Districts
B-1
Neighborhood Business District
B-2
Limited Business District
B-3
Highway Business District
B-4
Regional Business District
CCD
Central Community District
Industrial Districts
IBC
Industrial and Business Campus District
I-1
Light Industrial District
1-2
Heavy Industrial District
2022S-3
194 Monticello - Land Usage
(B) Establishment of overlay districts. Table 3-2, Overlay Zoning Districts, sets out the overlay
zoning districts established by this chapter.
TABLE 3-2: OVERLAY ZONING DISTRICTS
Abbreviation
District Name
FP
Floodplain District
W
Wetland District
WS
Wild and Scenic Recreational River District
SH
Shoreland District
FBS
Freeway Bonus Sign District
DW
Drinking Water Supply Management Area District
PB
Performance Based Enhancement District
SU
Special Use Overlay District
(C) Classification of districts. Land shall be classified or reclassified into a base or overlay zoning
district only in accordance with the procedures and requirements set forth in § 153.028(B), Zoning
Ordinance Text and Zoning Map Amendments.
(D) Organization of base zoning district regulations. Section 153.042 establishes the general
purposes of each base zoning district along with the physical standards governing lots and structures
within each district. Each of these divisions has a common structure consisting of a purpose statement,
applicable size and dimensional standards for lots, photographs showing typical district building forms,
an example of the typical lot configuration found in the district, and a hypothetical graphic depicting the
districts physical regulations. Uses allowed in each district can be found in §§ 153.090 through 153.093.
Finishing standards for lots (i.e. landscaping standards, parking requirements, etc) can be found in
§§ 153.060 through 153.072.
(E) Diagrams and photographs for illustrative purposes only. The building form photographs,
example lot configurations, and hypothetical graphics of physical regulations are for illustrative purposes
only, and may not be consistent with all listed requirements. In all cases, the dimensional requirement
text of this chapter shall control.
§ 153.042 COMMON DISTRICT REQUIREMENTS.
The following regulations shall apply in all base zoning districts.
(A) Building within public easements prohibited. No building or structure shall be placed within an
easement dedicated for a public purpose unless expressly authorized by a variance issued in accordance
with § 153.028(C) or a license agreement issued by the Community Development Department.
2022S-3
Zoning 195
(B) Outlots. No building permit or grading permit can be issued for a parcel of land designated in
a plat as an outlot unless specifically authorized by the City Council.
(C) Principal buildings. Except as may be permitted by an approved planned unit development, not
more than one principal building shall be located on a lot.
(D) Common yard and height requirements.
(1) In general.
(a) Unless otherwise authorized by variance, administrative adjustment or PUD, no lot,
yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open
space less than the minimum required by this chapter; and if the existing yard or other open space as
existing is less than the minimum required, it shall not be further reduced.
(b) A yard or other open area required about a building shall not be included as part of a
yard or other open space for another building.
(2) Allowable yard encroachments.
(a) The following features may encroach into required yards:
1. Fences and walls that meet the standards in § 153.062, may encroach into a
required yard, but shall be subject to corner visibility requirements, and shall not be placed within
conservation easements unless specifically permitted by the easement.
2. Walkways, patios, ramps, stairs, paved areas, and other accessory structures less
than 30 inches above grade, and all landscape plantings are exempted from yard requirements except as
may be specifically required by this chapter, but are subject to corner visibility requirements, and shall
not be placed within conservation easements unless specifically permitted by the easement.
3. In rear and side yards: recreational and laundry drying equipment, arbors and
trellises, balconies, decks, and air conditioning subject to the following conditions:
a. Setback requirements of environmental protection districts shall remain
applicable.
b. A side yard setback of six feet shall be maintained.
c. A setback of 20 feet shall be maintained from property lines abutting public
streets.
d. A rear yard setback of six feet shall be maintained.
e. No encroachment shall be permitted within an existing or required easement.
2022S-3
196
4. Appurtenances:
Monticello - Land Usage
a. Appurtenances are permitted to encroach into a required front or rear yard
setback up to six feet. This provision does not apply to rear loading units in the T -N zoning district.
b. Appurtenances are permitted to encroach into a required side yard setback up
to three feet. This provision does not apply to units in the T -N zoning district.
c. Railings on landing places or porches extending into a required side yard shall
not exceed three feet, six inches in height.
d. Appurtenances shall not be located within existing or required easements.
(b) Corner visibility (see Figure 3-1).
1. Corner lots shall preserve areas necessary for corner visibility by limiting the
height of fences, walls, and all other obstructions to a maximum of three feet above grade in the
following areas:
a. For lots with an interior corner lot angle of 90 degrees or more at a street or
railway corner, the protected corner area is defined by a triangle created by the two corner lot lines and
an imaginary line between the corner lot lines at 25 feet from the corner on each property lot line.
b. For lots with an interior angle of less than 90 degrees at a street or railway
corner, the protected corner area is defined by a triangle created by the two corner lot lines and drawing
an imaginary line between the corner lot lines 25 feet from the corner on each property lot line plus one
foot for every ten degrees or fraction thereof less than 90 degrees.
2. Corner visibility standards do not apply to United States mailboxes, police and fire
alarm boxes, public utility poles, street name markers, official traffic signs and control devices, and fire
hydrants.
Figure 3-I: CornerVisibility Protected CornerArea]
Lots with an Locs with an
inwior corner interior corner
lac angle of 90 lot anoe of less
degrees or than 90 degrees
MORE ac the at the street
street corner corner ��. �'.
�5
............... j.... .............. .r..
(3) Height requirements.
(a) In general. The total height of any structure shall not exceed the maximum height limit
established for the applicable zoning district unless expressly stated otherwise in this chapter.
2022S-3
Zoning 197
(b) Exceptions. Height limits shall not apply to chimneys, church spires, belfries, cooling
towers, cupolas and domes which do not contain useable space, elevator penthouses, fire escapes or roof
access stairways, flag poles, mechanical equipment required to operate and maintain the building,
monuments, parapet walls extending not more than three feet above the limiting height of the building,
rooftop dish antennas, skylights, water towers, wind electrical generators, telecommunication towers or
similar appurtenances, provided:
1. The appurtenance does not interfere with Federal Aviation Regulations, Part 77,
Objects Affecting Navigable Airspace;
2. The appurtenance does not extend more than 25 feet above the maximum permitted
building height, except as specifically allowed by this chapter;
3. The appurtenance does not exceed a maximum height of 200 feet above grade;
4. The appurtenance is not constructed for the purpose of providing additional floor
area in the building; and
5. The appurtenance complies with the screening requirements for mechanical
equipment and appurtenances in this chapter.
§ 153.043 RESIDENTIAL BASE ZONING DISTRICTS.
(A) General purpose. The residential base zoning districts established in this section are intended
to provide a variety of housing options in a comfortable, healthy, safe, and pleasant environment in
which to live and recreate at a neighborhood level. More specifically, they are intended to:
(1) Promote strong residential neighborhoods with a sense of connection to the community;
(2) Foster citizen involvement in the community, interaction between neighbors and
neighborhood oriented support systems;
(3) Provide a range of housing choices and affordability through varying housing densities,
types and designs including accessory dwelling units;
(4) Seek quality over quantity in new residential growth;
(5) Maintain a connection to the natural environment by incorporation of natural characteristics
into the development setting.
(B) Standards applicable to all residential base zoning districts.
2022S-3
198 Monticello - Land Usage
(1) Zero side lot line development. Residential unit lots containing duplexes or townhouses may
be subdivided along the common wall in a "zero lot line" arrangement, provided:
(a) The combined area of the base lot and individual unit lots contains the required amount
of lot area per unit as prescribed elsewhere in this chapter;
(b) Unit lots shall meet all required setbacks from the boundaries of the base lot;
(c) Any shared wall facing on a zero side lot line is a structural wall capable of providing
protection from fire, noise and visual encroachment.
(2) Condominiums. Residential lots of non -single-family structures may be divided for the
purpose of condominium ownership provided that:
(a) The principal structure containing the housing units shall meet the setback distances
of the applicable zoning district.
(b) Each condominium unit shall have the minimum lot area for the type of housing unit
and usable open space as specified in the area and building size regulations of this chapter.
(c) Condominiums shall be designed to meet the International Building Code as adopted
in the Monticello City Code.
Figure 3-2: Zero Lot Line Development vs Condominiums
C'~
w
ifit
Thir fore lAus"res zero tot R
line development of four adjacent '
townhomes. Each dwelling (AS. C and Dl
is kcowd ort h5 Own unit fus, and ON four
unit lots are located on one Lose kt.
Comparoome ,,:N figure below stwws condomtnr'um
awnershtp of the some devekop rrr. ownership is
not defined by a unique tot, but rather o specified
space within a building -
(3) Multi -story buildings. Applications for a conditional use permit to exceed the maximum
heights allowed in § 153.043 shall be subject to the general CUP review criteria listed in
§ 153.028(D)(4)(a) as well as the following:
2022 S-3
Zoning
199
(a) The building shall not cast additional shadow on adjacent residential structures between
the hours of 9:00 a.m. and 3:00 p.m. "Additional shadow" shall be defined as any additional shading
of a residential structure over and above that which could exist if a proposed building met the maximum
height requirement of the underlying zoning district and was sited in a location conforming to all setback
requirements.
(C) Agricultural Open Space District (A -O). The purpose of the "A -O" agricultural -open space
district is to provide suitable areas of the city for the retention and utilization of open space and/or
agricultural uses, prevent scattered non-farm uses from developing improperly, and to secure economy
in government expenditures for public utilities and service.
(1) Maximum density. One-half dwelling units per gross acre.
(2) Base lot area. Minimum: two acres.
(3) Base lot width. Minimum: 200 feet.
Typical A -O Building Types
2022S-3
200
Monticello - Land Usage
Typical A-0 Lot Configuration
i
TABLE 3-3: A -O DEVELOPMENT STANDARDS
Required Yards (in feet)
Max Height
Minimum
Minimum
Minimum Roof
(stories/ft.)
Floor Area
(sq. ft.)
Building
Width (ft.)
Pitch & Soffit
(vertical
Front
Interior
Street
Rear
Side
Side
rise/horizontal
run)
Principal
50
30
30
50
NA
1000
20
NA
Structures
Accessory
Ill
6
30
6
15
NA
NA
NA
Structures
Ill: Accessory structures shall not be located beyond the front building line established by the principal structure.
2022S-3
Zoning
v Agricultural production is permitted
2: Agricultural Buildings are permitted r
3! 50 foot rear yard setback
4: Stable is a permitted use
5: Minimum lot size of 2
acres
6: 3o foot side yard setback
i. So foot front yard setback
0.5 UN rrS pr qCq
201
(D) Residential Amenities District (R -A). The purpose of the "R -A" residence district is to provide
move up housing in the form of low density, single-family, detached residential dwelling units and
directly related complementary uses in areas of high natural residential amenities including such
conditions as woodlands, wetlands, and significant views.
(1) Maximum density through PUD or performance standards: 10,890 sq. ft. per unit (four
units per gross acre).
(2) Base density: 16,000 sq. ft. per unit (2.7 units per gross acre).
(3) Base lot area.
(a) Minimum: 14,000 sq. ft.
(b) Average: 16,000 sq. ft. (at least 40% of lots created through subdivision shall exceed
15,000 sq. ft. in size).
(4) Base lot width.
(a) Minimum: 90 ft.
(b) Average: 100 ft. (at least 40 % of lots created through subdivision shall exceed 100 ft.
in width).
2022S-3
202
2022S-3
Monticello - Land Usage
Typical R -A Building Types
Typical R -A Lot Configuration
WIN.' ILI IL
IN
5
'y
1
Zoning
203
TABLE 3-4: R -A DEVELOPMENT STANDARDS
Required Yards (in feet)
Max
Minimum Floor
Minimum
Minimum
Height
(stories/ft.)
Area (sq. ft.)
Building
Width (ft.)
Roof Pitch &
Soffit (vertical
Front
Interior
Street
Rear
Side [11
Side
rise/horizontal
run)
Single-
35
10
20
30
2.5 stories
Minimum
24
6 in./12 in.
Family
[2]
35 feet
foundation sizes
no minimum
Building
by home type [3]
soffit
2000
finishable [4]
[1]: For interior lots in R-1 and R -A districts, attached accessory structures may be allowed to meet a 6 foot setback,
provided that the sum of both side yard setbacks shall be a minimum of 20 feet.
[2]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the lot that is
exclusive of wetlands, ponds, or slopes greater than 12%.
[3]: 2,400 square foot gross floor area excluding a basement or cellar for two story homes and a 1,600 square foot
foundation for multi-level, rambler and split entry homes.
[4]: Finishable square footage is exclusive of attached accessory space.
Accessory
- An attached garage shall be included with all principal residential structures in the R -A district.
Structures
- See § 153.092(B) for all general standards and limitations on accessory structures.
- The minimum floor area for all attached accessory structures shall be 700 sq. ft.
- No portion of any garage space may be more than five feet closer to the street than the front building line
of the principal use (including porch).
- See footnote [1] above as related to setbacks for attached accessory structures on interior lots.
Other
- § 153.042, Common District Requirements
Regulations
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
to Consult
- § 153.070, Building Materials
(not all
- § 153.067, Off -Street Parking
inclusive)
- § 153.060, Landscaping and Screening Standards
2022S-3
1:14,000 5F minimum lot size
2: Detached accessory structure meeting the Side street
setback (a.o') and rear yard setback (61
3: Rage density Of 2-7 units per acre+with lots
averaging 16400 SF in Sim
- 4 VtlrtB PCR ACRE LI ]
Acq�1�Gr;pC
f. c_ a - -
4' SingleFamilyhOmeMeeting '� '•-� '
front yard setback (351 with _
appurtenance (porch) not
extending more than 6' 7 y
Into the wtabck
5. ro foot interior side yard
setbacks
6. 3a foot rear yard primary structure setback
7. }5 foot Front yard setback -
S. to foot side yard setback
204
Monticello - Land Usage
(E) Single -Family Residence District (R-1). The purpose of the "R-1" single-family district is to
provide for low density, single-family, detached residential dwelling units and directly related
complementary uses.
(1) Maximum density through PUD or performance standards: 8,712 sq. ft. per unit (five units
per gross acre).
(2) Base density: 14,000 sq. ft. per unit (3.1 units per gross acre).
(3) Base lot area.
(a) Minimum: 10,000 sq. ft.
(b) Average: 12,000 sq. ft. (at least 40 % of lots created through subdivision shall exceed
12,000 sq. ft. in size).
(4) Base lot width.
(a) Minimum: 70 ft.
(b) Average: 80 ft. (at least 40% of lots created through subdivision shall exceed 80 ft.
in width).
Typical R -I Building Types
-��r Z.- M.
2022S-3
Zoning
Typical R -I Lot Configuration
2022S-3
205
206
Monticello - Land Usage
TABLE 3-5: R-1 DEVELOPMENT STANDARDS
Required Yards (in feet)
Max
Minimum Floor
Minimum
Minimum
Height
(stories/ft.)
Area (sq. ft.)
Building
Width (ft.)
Roof Pitch &
Soffit (vertical
Front
Interior
Street
Rear
Side [11
Side
rise/horizontal
run)
Single-
30
10 [2]
20
30
2.5 stories
1,050 foundation/
24
5 in./12 in.
Family
35 feet
2,000 finishable
no minimum
Building
[4]
soffit
[1]: For interior lots in R-1 and R -A districts, an attached accessory structure may be allowed to meet a 6
foot setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet.
[2]: Interior side yard setbacks for single-family homes on lots of record with a lot width 66 feet or less in
the Original Plat of Monticello and Lower Monticello shall be at least six feet.
[3]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the
lot that is exclusive of wetlands, ponds, or slopes greater than 12%.
[4]: Finishable square footage is exclusive of attached accessory space.
[5]: Roof gables, shed roofs, dormers and porch roofs to allow for a lower pitch to incorporate as an
architectural feature, provided no such exempted roof areas shall comprise any more than 20% of the total
horizontal roof area of a single-family structure as measured from a bird's-eye plan view.
Accessory
- An attached garage shall be included with all principal residential structures in the R-1 district.
Structures
- See § 153.092(B) for all general standards and limitations on accessory structures.
- The minimum floor area for all attached accessory structures shall be 550 sq. ft.
- See footnote [1] above as related to setbacks for attached accessory structures on interior lots.
Other
- § 153.042, Common District Requirements
Regulations
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
to Consult
- § 153.070, Building Materials
(not all
- § 153.067, Off -Street Parking
inclusive)
- § 153.060, Landscaping and Screening Standards
s
n xa krot set6aek From a ttreRS ahutllnaA tide yard Ito—
-
is Single iamity home <onforming to front yard f u
seLbaek
3 } �
3-;419M front yard se#bbck � � $ MCRA
I
4: io foot s[dE yard setbacks On
sltarcd intcri0r lot Iincs /�;
5:106000 5FMrAFMU Y 1 F
lot sfxepmax density r, I
.Of 5 wits per Mere
i6:.p fMet rear yard f
setback
�4Ate
d
7; 6 foot IrrterIar side Yard *"V
setback for lots ai record In the _
-Drigfnal Plot of Montictlio and JGWCF
f4lantl{e[ia - �a�
[i: liAfnfmum lot width of 7e feel -8,
I
2022S-3
Zoning
207
(F) Single and Two -Family Residence District (R-2). The purpose of the "R-2" single and
two-family residential district is to provide for low to moderate density one and two unit dwellings and
directly related complementary uses.
(1) Maximum density through PUD or performance standards: 5,445 sq. ft. per unit (eight
units per gross acre).
(2) Base density.
Unit Type
Minimum Lot Area/Unit
Base Density
Single-family
10,000 sq. ft.
4.3 units/acre
Duplex/two-family
7,000 sq. ft.
6.2 units/acre
Townhome*
7,000 sq. ft.
6.2 units/acre
Multi -family (3-4 units)*
10,000 sq. ft. for first unit + 4,000
sq. ft. for each additional unit
5.9-6.8 units/acre
*By conditional use permit only
(3) Minimum lot width.
R-2 District Original Plat
Lot Width 80 ft. 66 ft.
Typical R-2 Building Types
2022S-3
NE
Monticello - Land Usage
Typical R-2 Lot Configuration
2022S-3
Zoning
209
TABLE 3-6: R-2 DEVELOPMENT STANDARDS
Required Yards (in feet)
Max
Minimum
Minimum
Minimum
Minimum
Height
Floor Area
Finished
Building
Pitch &
(stories/
ft.)
(sq. ft.)
Floor Area
(sq. ft.)
Width
(ft.)
Soffit
(vertical
Front
Interior
Street
Rear
Side [l]
Side
[3]
rise/
horizontal
run)
Single-
30
10 [2]
20
30
2.5
1,050
Minimum
24
Family
stories
foundation/
finished
35 feet
1,800
square
finishable
footage
[3]
must be
equivalent
5 in./ 12 in.
no
Duplex
30
10 [2]
20
30
2.5
1,050
to the
24
minimum
stories
foundation
principal
Soffit
35 feet
1,400
use unit
foundation
Townhouse
30
10
20
30
2.5
finishable
size
24
Multi-
stories
family
35 feet
Building
[1]: For the Original Plat of Monticello and Lower Monticello, where adjacent structures (excluding
accessory buildings within same block) have front yard setbacks different from those required, the front yard
minimum setback shall be the average of the adjacent structures. If there is only one adjacent structure, the
front yard minimum setback shall be the average of the required setback and the setback of the adjacent
structure.
[2]: Interior side yard setbacks for single-family homes on lots of record with a lot width 66 feet or less in
the Original Plat of Monticello and Lower Monticello shall be at least six feet.
[3]: Finishable and finished square footage is exclusive of attached garage space
[4]: Roof gables, shed roofs, dormers and porch roofs to allow for a lower pitch to incorporate as an
architectural feature, provided no such exempted roof areas shall comprise any more than 20 % of the total
horizontal roof area of a structure as measured from a bird's eye plan view.
Accessory
- An attached garage shall be included with all principal residential structures in the R-1 district.
Structures
- See § 153.092(B) for all general standards and limitations on accessory structures.
-The minimum floor area for all attached garages shall be 450 sq. ft.
- No portion of any attached garage may be more than 10 feet closer to the street that the principal structure.
- Except for single-family buildings, any driveway leading directly to an attached garage may not exceed
18" in width at the front yard property line.
Other
- § 153.042, Common District Requirements
Regulations
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
to Consult
- § 153.070, Building Materials
(not all
- § 153.067, Off -Street Parking
inclusive)
- § 153.060, Landscaping and Screening Standards
2022S-3
210
Monticello - Land Usage
1! 34fqp; saMbKk from a strut WWA-Ong a side yard
n: Duplex on a cornet lel
;; Manlrnum lot dlmenslwfs and sines are
met
}: Wfoot few yard setback M,
principal strr urns i
3
• '�3E o�3rnr f a.a �NixS cI�S ��R£
-- .. —
5
I�
bor
;cldfoot tide yard icthmki
snared Interior rot fines
& 3o toolfrantyard setback
7: 6 fast interior side pard ietbackis all&wedan logs ofretard in the arloal Plato}
Mpn[icr11* and Lower Monticello
(G) Traditional Neighborhood Residence District (T -N). The purpose of the "T -N" traditional
neighborhood residential district is to provide for medium density, single-family, detached residential
dwelling units and directly related complementary uses.
(1) Maximum density through PUD or performance standards: 5,445 sq. ft. per unit (eight
units per gross acre).
(2) Base density: 10,000 sq. ft. per unit (4.4 units per gross acre).
(3) Base lot area. Minimum: 7,500 sq. ft.
(4) Base lot width.
(a) Minimum: 45 ft.
(b) Maximum at the street: 65 ft.
Typical T -N Building Types
f
W.a
N.-'. wig
io
�: 71! _!!;a Q.!
2022S-3
Zoning
Typical T -N Lot Configuration
2022S-3
211
212
Monticello - Land Usage
TABLE 3-7: T -N DEVELOPMENT STANDARDS
Required Yards (in feet)
Max
Minimum Floor
Minimum
Minimum
Height
(stories/ft.)
Area (sq. ft.)
Building
Width (ft.)
Pitch & Soffit
(vertical
Front
Interior
Street
Rear
[I]
Side
Side
rise/horizontal
run)
Single-
25
6
25
20
2.5 stories
1,050 foundation/
24
5 in./12 in.
Family
35 feet
2,000 finishable
no minimum
Front Load
[2]
soffit
Single-
15
6
15
25
Family
Rear Load
[1]: The maximum front yard shall be 30 feet for front load homes and 25 feet for rear load homes.
[2]: Finishable square footage is exclusive of attached accessory space.
Accessory
- An attached garage shall be included with all principal residential structures in the T -N district.
Structures
- See § 153.092(B) for all general standards and limitations on accessory structures.
- The minimum floor area for all attached accessory structures shall be 480 sq. ft.
- For front -loaded attached accessory structures, no portion of any garage space may be more than five feet
closer to the street than the front building line of the principal use (including porch).
- No private driveway leading to an accessory structure may exceed 18 ft. in width at the front yard property
line.
Other
- § 153.042, Common District Requirements
Regulations
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
to Consult
- § 153.070, Building Materials
(not all
- § 153.067, Off -Street Parking
inclusive)
- § 153.060, Landscaping and Screening Standards
v 7Wo square foot minimum lot size
2t 15 foot street side yard setback for rear loading
units (75 foot street side yard setback for front
Toading units)
3 15 foot front yard setback for rear
loading homes(appu rtenance
allowance not applicable In
the T -N zor Ing district).
ray
4:5 foot interior side yard
setbacks
5• 25 foot front yard
setback for front loadTng
homes
6. 25 foot rear yard setback for
rear loading homes
y. 2 foot rear yard setback for front loading homes
2022S-3
Rear Laad Example
Front Load Example
51
IJ
Zoning
213
(H) Medium Density Residence District (R-3). The purpose of the "R-3" medium density residential
district is to provide for medium density housing in multiple -family structures ranging up to and
including 12 units and directly related, complementary uses.
(1) Maximum density through Planned Unit Development (townhouse): 6,223 sq. ft. per unit
(seven units per gross acre).
(2) Maximum density through Planned Unit Development (multi -family): 3,630 sq. ft. per unit
(12 units per gross acre).
(3) Maximum density through performance overlay standards: 3,630 sq. ft. per unit (12.0 units
per gross acre).
(4) Base density.
(a) Townhouse: 10,980 sq. ft. per unit (four units per gross acre).
(b) Multi -family: 5,124 sq. ft. per unit (eight and one-half units per gross acre).
(5) Base lot area.
(a) Minimum townhouse: 20,000 sq. ft.
(b) Minimum multi -family: 30,000 sq. ft.
(6) Base lot width. Minimum: 80 ft.
Typical R-3 Building Types
2022S-3
214
2022S-3
Monticello - Land Usage
Typical R-3 Lot Configuration
Zoning
215
TABLE 3-8: R-3 DEVELOPMENT STANDARDS
PUD Options for
R-3 District Townhouse (4-10 units/building)
R-3 District Multi -Family (6-12
Multi -Family
units/building)
Buildings
Base Lot Area
20,000 sf.
30,000 sf.
Gross Density
3-7 du/acre
8-12 du/acre
Max Density w/o
4.0 du/acre
8.5 du/acre
PUD
Net lot area per du
4,500 sf/du, maximum
3,500 sf/du, maximum
Front setback
30 feet
40 feet
Corner side setback
25 feet
30 feet
Interior side setback
20 feet
20 feet
Rear setback to
30 feet
40 feet
building
Clear open space
25 feet
30 feet
setback from ROW
Clear open space
10 feet
30 feet
setback from Property
Line
Buffer Req. to Single-
B buffer
B buffer
Family
Common open space
NA
500 sf/du
per du
Landscaping
16 ACI/acre +2 shrubs per 10 feet bldg. perimeter
16 ACI/acre +2 shrubs per 10 feet
bldg. perimeter
Parking requirements
2.5 spaces/du, with 2 enclosed
2.5 spaces/du, with 2 enclosed
Architecture
20 % street min frontage covered with enhanced
20% street min frontage covered with
materials
enhanced materials
Roofs
5:12 pitch or roofline or building line articulation,
5:12 pitch or roofline or building line
including flat and/or varied rooflines, parapets,
articulation, including flat and/or
canopies or other similar features which increase
varied rooflines, parapets, canopies or
architectural interest and variability.
other similar features which increase
architectural interest and variability.
Unit square feet
1,000 sf. finished floor area per unit, minimum
1,000 sf. finished floor area per unit,
minimum
Garages
Attached
Enclosed, may be detached
2022S-3
216
Monticello - Land Usage
TABLE 3-8: R-3 DEVELOPMENT STANDARDS
PUD Options for
R-3 District Townhouse (4-10 units/building)
R-3 District Multi -Family (6-12
Multi -Family
units/building)
Buildings
Garage Setback
30 feet from ROW (35 feet from curb of private
May not access street directly - must
street)
be served by interior driveway
Garage Doors
Maximum 16 feet width facing street - no smooth
No smooth panel doors - detached
panel doors
buildings must match principal building
materials and include architectural
fenestration on sides facing
residentially zoned property
Landscaping
Special landscape features including water
Increased landscape quantities and/or
features, recreational structures, patios, etc.
Sizes beyond code minimums; Special
landscape features including water
features, recreational structures,
patios, etc.
Open Space
--
Increased open space areas per unit
beyond code minimums of 10 % or
more
Parking
--
All required garage parking attached to
principal building
Building Materials
Increased use of stone, brick beyond front, or on
Increased use of stone, brick beyond
other exterior walls
front, or on other exterior walls
Architecture
Extensive use of ornamental features, building
Extensive use of ornamental features,
and/or roofline articulation, fenestration and
building and/or roofline articulation,
building wall undulation atypical of other buildings
fenestration and building wall
in similar zoning districts
undulation atypical of other buildings
in similar zoning districts
Site Work
Use of decorative paving materials in parking,
Use of decorative paving materials in
sidewalks, etc.; Extensive use of ornamental site
parking, sidewalks, etc.;
lighting or similar features.
Extensive use of ornamental site
lighting or similar features.
Housing for Seniors
Accommodations to design and density through
Accommodations to design and density
restricted to 55 years
PUD process only
through PUD process only
of age or more
2022S-3
Zoning
is xo foot setback from a street side yard
2: The four units in this example are located on four
separate "unit lots" (outlined in blue) which are
located on one base lot [outlined in red).
;: Minimum lot width of An feet
4: 30 foot front yard
setback
1.
i. 2 foot Interior side yard
setback
t6 30 foot rear yard setback
7. to,000 square foot
minlmum lot size with a base
density of 9.3 units per gross acre;
max density of 14 units per gross ave
���,y r.a Ury� ■
5
217
(I) Medium -High Density Residence District (R-4). The purpose of the "R-4", medium-high density
residential district is to provide for medium to high density housing in multiple -family structures of 13
or more units per building, and at densities of between ten and 25 units per acre. The district is intended
to establish higher density residential opportunities in areas appropriate for such housing, to be
determined by the city on a case by case basis. The City of Monticello shall zone land to the R-4 District
only when, in its sole discretion, all aspects of the property support the potential uses of the R-4 district,
including location, private and public services, and compatibility with existing and future land uses in
the area. In making a determination as to the suitability of a site for R-4 rezoning, the city will prioritize
the following site and area factors:
(1) Replacement land uses. R-4 zoning fits the following zoning categories and circumstances:
(a) Land already zoned for R-3.
(b) Land currently zoned for commercial uses, but which would not be considered "prime"
commercial (the city would like to protect "prime" commercial areas that show the most promise for that
use in the future).
(2) Proximity to other residential neighborhoods.
(a) R-4 zoning may be allowed in proximity to other medium to high density residential
areas, however the nature and concentration of existing multi -family structures shall be carefully
considered to avoid an over concentration of these uses.
(b) R-4 zoning may be allowed in proximity to lower residential uses, if it is determined
that the high density site can address the site and area factors provided here.
2022S-3
218 Monticello - Land Usage
(3) Architectural compatibility and building massing.
(a) In the vicinity of lower density residential areas, R-4 District buildings need to be
lower profile with regards to size and mass, or need to be screened or buffered by distance and natural
features.
(4) Requirement for adequate public facilities. High density residential development shall be
located to provide for the following essential services and amenities:
(a) Access to public parks, pathways, and open space, without overburdening them. R-4
development may be required to provide additional facilities to meet the city's open space planning
policies.
(b) Connection to public utilities.
(c) Access to major streets, or at the very minimum, avoidance of traffic generation that
would utilize local streets in lower density residential areas.
(d) Proximity to commercial and/or medical services.
(5) This district is intended to provide exclusively multiple -family housing as defined in this
chapter, as opposed to lower density housing types such as townhouses, two-family homes, or single-
family homes.
acre).
(6) Minimum and maximum density: ten - 25 dwelling units per acre.
(7) Maximum base density: 1,750 sq. ft. per unit (25 units per acre).
(8) Maximum density through planned unit development: 1,750 sq. ft. per unit (25 units per
(9) Base lot area. Minimum: 30,000 square feet.
TABLE 3-9: R-4 DEVELOPMENT STANDARDS
PUD Options for
Multi -Family
Buildings
R-4 District Multi -Family (13 + units/building)
Base Lot Size
30,000 sf.
Gross Density
10-25 du/acre
Max Density w/o
PUD
NA
Net lot area per du
Max 1,750 sf/du
2022S-3
Zoning
219
TABLE 3-9: R-4 DEVELOPMENT STANDARDS
PUD Options for
Multi -Family
Buildings
R-4 District Multi -Family (13 + units/building)
Front setback
100 feet
Corner side setback
40 feet
Interior side setback
30 feet
Rear setback to
building
40 feet
Clear open space
setback from ROW
60 feet
Clear open space
setback from Property
Line
40 feet - no more than 50 % of any yard facing a street covered with parking/drive aisles
Buffer Req. to Single-
family
C buffer
Common open space
per du
500 sf/du
Landscaping
2 ACl/ 2,500 sf. open space + 4 shrubs /10 feet bldg. perimeter
Parking requirements
2.25 spaces/du, with max 1.1 space/du uncovered
Architecture
20% street min frontage covered with enhanced materials, horizontal siding of steel or
cement -board only (no vinyl or aluminum)
Roofs
5:12 pitch, plus roof ridge line articulation of 3 feet min. or roofline or building line
articulation, including flat and/or varied rooflines, parapets, canopies or other similar
features which increase architectural interest and variability.
Unit square feet
900 sf. finished floor area per unit, minimum
Garages
Attached or Underground Detached accessory garages allowed only after base requirements
are met
Garage Setback
May not access street directly - must be served by interior driveway
Garage Doors
Must include glass and decorative panels if visible from public street or adjoining
residentially zoned property
Landscaping
Increased landscape quantities and/or sizes beyond code minimums; Special landscape
features including water features, recreational structures, patios, etc
Open Space
Increased open space areas per unit beyond code minimums of 10 % or more
Parking
All required garage parking underground
Building Materials
Increased use of stone, brick beyond front, or on other exterior walls
2022S-3
220
Monticello - Land Usage
TABLE 3-9: R-4 DEVELOPMENT STANDARDS
PUD Options for
R-4 District Multi -Family (13 + units/building)
Multi -Family
Buildings
Architecture
Extensive use of ornamental features, building and/or roofline articulation, fenestration and
building wall undulation atypical of other buildings in similar zoning districts
Site Work
Use of decorative paving materials in parking, sidewalks, etc.;
Extensive use of ornamental site lighting or similar features.
Housing for Seniors
Accommodations to design and density through PUD process only
restricted to 55 years
of age or more
(J) Mobile and Manufactured Home Park District (M -H). The purpose of the "M -H" manufactured
home park district is to provide for manufactured home users and directly related uses.
(1) Maximum density through PUD or performance standards: 3,350 sq. ft. per unit (13.0 units
per gross acre).
(2) Base density: 4,000 sq ft per unit (10.9 units per gross acre).
(3) Base lot area. Minimum: 5 acres.
(4) Base lot width. Minimum: 200 ft.
2022S-3
Zoning
Typical M -H Building Types
Typical M -H Lot Configuration
2022S-3
221
222
Monticello - Land Usage
1: Faded lot linrs indicato land are;; rontinues
a: Awnings, porches and other similar features
-attached to the manufactured home shall he
considered as part of the manufactured
home f
3:20 foot setback from a street ti
_ k
.4: 15 foot separation �.
between structures
5. Each manufactured
home shall have a
minimum of 7500 square feet"
dedicateO fpr 11 ru unit (wiiEI al
overall park density not to exceed sj units
per acre)
6. Red let lines illustrate platted property lines
7,30 foot setback from an outer park boundary line
§ 153.044 BUSINESS BASE ZONING DISTRICTS.
(A) General purpose. The business base zoning districts established in this section are intended to:
(1) Provide appropriately located lands for the full range of business uses needed by the city's
residents, businesses, and workers, consistent with the comprehensive plan;
2022S-3
TABLE 3-10: M -H DEVELOPMENT STANDARDS
Required Yards (in feet)
Max Height
Minimum
Minimum
Minimum
(stories/
ft.)
Floor
Area
Building
Width (ft.)
Roof Pitch &
Soffit (vertical
Front
Interior
Street
Rear
Side
Side
(sq. ft.)
rise/horizontal
run)
Manufactured
Home
Building
See § 153.091(C)(4) for all regulations governing manufactured
home parks
Detached
Accessory
Structures
1: Faded lot linrs indicato land are;; rontinues
a: Awnings, porches and other similar features
-attached to the manufactured home shall he
considered as part of the manufactured
home f
3:20 foot setback from a street ti
_ k
.4: 15 foot separation �.
between structures
5. Each manufactured
home shall have a
minimum of 7500 square feet"
dedicateO fpr 11 ru unit (wiiEI al
overall park density not to exceed sj units
per acre)
6. Red let lines illustrate platted property lines
7,30 foot setback from an outer park boundary line
§ 153.044 BUSINESS BASE ZONING DISTRICTS.
(A) General purpose. The business base zoning districts established in this section are intended to:
(1) Provide appropriately located lands for the full range of business uses needed by the city's
residents, businesses, and workers, consistent with the comprehensive plan;
2022S-3
Zoning
223
(2) Strengthen the city's economic base, and provide employment opportunities close to home
for residents of the city;
(3) Attract new investment in desired locations;
(4) Create suitable environments for various types of business uses, and protect them from the
adverse effects of incompatible uses;
(5) Create suitable environments for various types of mixed use development, where business,
office, retail, and residential uses are designed and integrated in compatible ways;
(6) Establish a sense of place along the city's commercial corridors, with attractive shop fronts
and streetscapes;
(7) Minimize the impact of business development on residential districts and uses.
(B) Standards applicable to all business base zoning districts.
(1) Condominiums.
(a) Industrial structures may be divided for the purpose of condominium ownership.
(b) Condominiums shall be designed to meet the International Building Code as adopted
in the Monticello City Code.
(2) Multi -story buildings. Applications for a conditional use permit to exceed the maximum
heights allowed in § 153.044 shall be subject to the general CUP review criteria listed in
§ 153.028(D)(4)(a) as well as the following:
(a) The building shall be at least 200 feet from any parcel that is zoned residential and used
or subdivided for residential use, or has an occupied institutional building including but not limited to
schools, places of public assembly, and community centers.
(b) The building shall not cast a shadow on residential structures between the hours of 9:00
a.m. and 3:00 p.m.
(C) Neighborhood Business District, B-1. The purpose of the "B-1" neighborhood business district
is to provide for the establishment of local centers for convenient, limited office, retail, or service outlets
which deal directly with the customer for whom the goods or services are furnished. These centers are
to provide services and goods only for the surrounding neighborhoods and are not intended to draw
customers from the entire community.
2022S-3
224
Monticello - Land Usage
(1) Maximum residential density through PUD or performance standards: 5,445 sq. ft. per unit
(eight units per gross acre).
2022S-3
(2) Base residential density: 8,000 sq. ft. per unit (five and one-half units per gross acre).
(3) Base lot area. Minimum: 8,000 sq ft.
(4) Base lot width. Minimum: 80 ft.
Typical B -I Building Types
0 -.9, �M ,i TT -"5-4— � ^SF'47s
gWWW VI'
Zoning
Typical B-1 Lot Configuration
225
2022S-3
TABLE 3-11: B-1 DEVELOPMENT STANDARDS
Required Yards (in feet)
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
30
15
20
20
2 stories
(Reserved)
(Reserved)
30 feet
[1]
[1]: Multi -story buildings may be allowed as a conditional use pursuant to § 153.028(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
2022S-3
226
Monticello - Land Usage
U 20 foot setback from a street abutting aside yard
is Building with commercial business on
first floor and residential units above
3t Rear yard parking lot
q: zo foot rear yard f
setback for principal
structures An,
Mnxi u ►ttstue
rvr"'t OEN$rry .
tsAs� b�N�nY t
s.5 u"'rrarAC+7tr _ 7
A
5:15 font sldeyard
setbacks on shared
interior lot lines -
6: Single Family home with an integrated
commercial component
7: Detached accessory structure meeting 6 foot side and rear yard setbacks y
(D) Limited Business District, B-2. The purpose of the "B-2" limited business district is to provide
for low intensity retail or service outlets which deal directly with the customer for whom the goods or
services are furnished. The uses allowed in this district are to provide goods and services on a limited
community market scale and located in areas which are well served by collector or arterial street facilities
at the edge of residential districts.
(1) Maximum residential density: ten dwelling units per gross acre.
(2) Base lot area. No minimum.
(3) Base lot width. Minimum: 100 ft.
Typical B-2 Building Types
2022S-3
Zoning
Typical B-2 Lot Configuration
2022S-3
227
PRr�
�
Typical B-2 Lot Configuration
2022S-3
227
228
Monticello - Land Usage
v foo foot minimum lot width, no minimum depth
2: Financlal institution meeting the required 3o'
front yard setback
3: Minimum ao foot rear yard setback
4: 10 foot side yard structura I
setbacks
5. 6 foot se paration
between lot lines and
parking jdrive asiles
6. Small enmbMation use
building with three
commercial tenants
7. Entry points between uses meet a minimum 40 foot�""�
separation
s. iofoot side yard setbac
(E) Highway Business District, B-3. The purpose of the "B-3" (highway business) district is to
provide for limited commercial and service activities and provide for and limit the establishment of motor
vehicle oriented or dependent commercial and service activities.
(1) Base lot area. No minimum.
2022S-3
TABLE 3-12: B-2 DEVELOPMENT STANDARDS
Required Yards (in feet)
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
30
10
20
20
2 stories
(Reserved)
(Reserved)
30 feet
[1]
[1]: Multi -story buildings may be allowed as a conditional use pursuant to § 153.028(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
v foo foot minimum lot width, no minimum depth
2: Financlal institution meeting the required 3o'
front yard setback
3: Minimum ao foot rear yard setback
4: 10 foot side yard structura I
setbacks
5. 6 foot se paration
between lot lines and
parking jdrive asiles
6. Small enmbMation use
building with three
commercial tenants
7. Entry points between uses meet a minimum 40 foot�""�
separation
s. iofoot side yard setbac
(E) Highway Business District, B-3. The purpose of the "B-3" (highway business) district is to
provide for limited commercial and service activities and provide for and limit the establishment of motor
vehicle oriented or dependent commercial and service activities.
(1) Base lot area. No minimum.
2022S-3
Zoning
(2) Base lot width. Minimum: 100 ft.
Typical B-3 Building Types
2022S-3
229
230 Monticello - Land Usage
Typical B-3 Lot Configuration
2022S-3
TABLE 3-13: B-3 DEVELOPMENT STANDARDS
Required Yards (in feet)
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
30
10
20
20
2 stories
(Reserved)
(Reserved)
30 feet
[1]
[1]: Multi -story buildings may be allowed as a conditional use pursuant to § 153.028(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
2022S-3
c zo foot street s Ide yard setback--and-3a foet-front
yard setback
,.Hotel as a conditionally permitted use
3: Commercial parking lot broken up by
landscaping islands every 74 spaces
4: 3ofoot rear yard structural
setback r
5. Car dealership lot
exempt from vehicular
use area landscaping
requirements
6. 3o font front yard structural setback
]- Minimum !ot wfdth of 100 feet
a. to foot interior side yard setback
Zoning
231
(F) Regional Business District, B-4. The purpose of the "B-4" regional business district is to
provide for the establishment of commercial and service activities which draw from and serve customers
from the entire community or region.
(1) Base lot area. No minimum.
(2) Base lot width. No Minimum.
Typical B-4 Building Types
L
2022S-3
232 Monticello - Land Usage
Ar—
�M11 �i� h� �:: ..x� h'.1k L:� bh}}"•"x3i' a V_
Typical B-4 Lot Configuration
TABLE 3-14: B-4 DEVELOPMENT STANDARDS
Required Yards (in feet)
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
0
0
0
0
2 stories
(Reserved)
(Reserved)
30 feet
[1]
[1]: Multi -story buildings may be allowed as a conditional use pursuant to § 153.028(D) contingent upon
strict adherence to fire safety code provisions as specified by the International Building Code as adopted
in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
2022S-3
Zoning
233
TABLE 3-14: B-4 DEVELOPMENT STANDARDS
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
is Fast food restaurants with drive through lanes meeting a
6' setback from the property line
x: No minrmumormaximum width or depth
requirements in the &q district
3: Bix box store with a maximum
height of 3o feet without a
conditional use permit
4: Minimum 40 feet
between entry
points, and 6 _
parking hays
between landscaping
islands that accommodate
pedestrians
5.25stall maximum before landscaping islands are required
�a' Yi'nu a
-
6
6. Parking areas may be shared between two uses If approved by a conditional use permit
(G) Central Community District, CCD.
(1) (a) The purpose of the "CCD", Central Community District, is to provide for a wide
variety of land uses, transportation options, and public activities in the downtown Monticello area, and
particularly to implement the goals, objectives, and specific directives of the Comprehensive Plan, and
in particular, the 2017 Downtown Monticello "Small Area Plan" Comprehensive Plan Amendment and
its design and performance standards.
(b) All proposed development or redevelopment in the CCD shall be subject to the
requirements of the Comprehensive Plan and other standards identified in the Small Area Plan report.
It is not the intent of this chapter to abrogate any general Zoning Ordinance requirements in the CCD,
and all such requirements of the Monticello Zoning Ordinance apply fully within the CCD unless
addressed separately by a more detailed CCD zoning regulation.
(c) Projects that benefit from public investments and/or subsidies will have a greater
burden to provide higher levels of both private and public amenities.
2022S-3
234 Monticello - Land Usage
(d) Sub -districts. The CCD is hereby divided into five subdistricts, four of which comprise
the study area of the Small Area Plan and are known as: (1) Riverfront; (2) Broadway; (3) Walnut and
Cedar Streets; and (4) Pine Street. A fifth "sub -district" shall be any area within the CCD that is not
identified as being within one of the four named sub -districts. The CCD regulations shall apply
uniformly across all sub -districts unless specific sub -district requirements apply. The City Council shall,
in accordance with the process providing for zoning map amendments in the Monticello Zoning
Ordinance, adopt a zoning map for the CCD area identifying the subdistrict boundaries.
(e) Base lot area. No minimum.
(f) Base lot width. No minimum.
(2) Process requirements.
(a) New development or redevelopment projects within the Central Community District
shall require a site plan review by the Planning Commission.
(b) At the proposer's option, or as required by this chapter, any proposed project may
combine the required site plan review as a part of a concept plan review before a joint meeting of the
Planning Commission and City Council.
(c) Existing buildings shall be subject to the permitted and conditional use allowances of
this chapter.
(d) Projects which do not meet the requirements of this chapter may utilize the Planned
Unit Development (PUD) process.
(3) General requirements.
(a) Character areas. The Central Community District shall be further regulated by four
character sub -areas: Pine Street, Broadway, Walnut/Cedar and Riverfront and shown in the Official
Zoning Map.
(b) Projects across character area boundaries. By conditional use permit, uses and
standards may extend across character area boundaries (but not into other zoning districts) a maximum
distance of up to one-half block for project purposes, provided the majority of the project square footage
lies within the permitted character -area, and the intent and character of the downtown plan is maintained.
Where projects extend across character area boundaries, projects must show compatibility to both
character area standards relating to adjoining districts and uses.
(c) Private joint parking use. All non-residential parking areas shall be designed to
accommodate cross -access and joint use throughout the CCD zoning district to minimize the need for
parking infrastructure.
2022S-3
Zoning 235
(d) Accessory service/appurtenance uses. Building mechanical, waste -handling, and
delivery service areas shall not face the public street or public spaces (with the exception of public
parking lots), and shall be screened from view of adjoining property with materials equivalent to those
of the principal building.
(e) Buildings adjacent to single-family. Building side walls adjacent to single-family
residentially zoned properties, or directly across a public street from such properties, shall have side wall
heights of no greater than the horizontal distance to the nearest single-family structure. Buildings abutting
single-family residentially zoned properties shall have roofs sloping toward the abutting single-family
use, or shall employ at least one of the transitional features in § 153.066.
(f) Building materials. Building materials for all uses shall be predominantly glass, brick,
natural or cultured stone, or equivalent masonry material. Materials for lapped siding, board -and -batten,
or shake exteriors shall be composite, maintenance free materials, and shall be limited in overall exterior
use to:
Residential structures, no more than 30% of building exterior.
2. Commercial and other structures, no more than 15 % of building exterior may be
comprised of architectural metal, which shall be integrated into the building design.
Mixed use buildings shall comply with the commercial building requirements.
(4) Performance standards.
(a) Character area standards.
1. Broadway.
a. All buildings should have a storefront or entrance on Broadway.
b. Buildings shall be oriented toward the front of the lot, with a maximum ten -
feet setback. Setbacks may be increased to accommodate outdoor seating or activity spaces approved by
Planning Commission during site plan review. Such spaces shall be improved with enhanced paving and
landscaping materials and other elements.
c. Storefronts facing any public street shall consist of a minimum of 50%
window/door transparency on ground floor.
d. Buildings shall be between two to four stories, additional stories may be
authorized by conditional use permit. Single -story buildings may be approved through site plan review
by the Planning Commission and City Council where multiple stories are impractical for the specific use.
In such cases, the building architecture should incorporate a facade that mimics multiple stories through
additional window openings or similar features.
2022S-3
236 Monticello - Land Usage
e. Buildings shall have a maximum width of 60 feet, or shall be articulated by
setback, materials or window treatments roofline variation, or other design methods to reflect the
appearance of separate buildings, in approximately 30 to 60 -foot increments.
f. Ground floor commercial buildings which front on public streets or open space
shall not be entirely comprised of office uses, but shall include other retail, hospitality or entertainment
uses.
projects.
g. Sidewalks and/or pathway connections shall be provided for all development
2. Walnut/Cedar.
a. Features such as upper balconies, dormers, courtyards, porches and dooryards
shall be incorporated for residential uses.
b. Buildings shall be between two to four stories; additional stories may be
authorized by conditional use permit. Single -story buildings may be approved through site plan review
by the Planning Commission and the City Council where multiple stories are impractical for the specific
use. In such cases, the building architecture should incorporate a fagade that mimics multiple stories
through additional window openings or similar features.
c. Buildings shall be oriented toward Walnut and Cedar Street and toward front
corners where applicable.
3. Pine Street.
a. Buildings shall be between two to four stories; additional stories may be
authorized by conditional use permit. Single -story buildings may be approved through site plan review
by the Planning Commission and the City Council where multiple stories are impractical for the specific
use. In such cases, the building architecture should incorporate a fagade that mimics multiple stories
through additional window openings or similar features.
b. Buildings shall be oriented to Pine Street with secondary entrances located on
side or interior facades. Corner properties shall have dual orientation.
(b) Use type standards.
1. Residential.
a. Single/two-family: Where permitted, the requirements of the R-2 District will
apply.
2022S-3
or Walnut/Cedar.
Zoning
b. Townhouse.
237
(i) Permitted where the subject property has no direct frontage on Broadway
(ii) Must preserve open space to coordinate with public spaces.
(iii) Building heights up to 25 feet or two stories above grade.
(iv) Setbacks - 15 feet from abutting single-family, minimum of eight feet
from public street. Interior side setbacks may be zero.
Walnut/Cedar.
(v) Variable roofline and front building walls.
(vi) Classic row -house; living space to front; no garage -front design.
(vii) All parking in attached garages.
(viii) Parking ratio of two spaces per du, off-street.
c. Multi four -12 du.
(i) Only allowed where the subject property has no frontage on Broadway,
(ii) Must preserve open space to coordinate with public spaces.
(iii) Building heights up to 35 feet or three stories above grade.
(iv) Setbacks - 15 feet from abutting single-family, minimum of eight feet
from public street. Interior side setbacks may be zero.
(v) Variable roofline and front building walls.
(vi) Garage entrances may not face a public street.
(vii) Garages which face a single-family residential zoning district must
screen the garage entrance from the eye -level view of the abutting property.
(viii) All parking in attached garages within building footprint (no surface
parking).
2022S-3
238 Monticello - Land Usage
(ix) Parking ratio of 1.7 spaces per du, off-street, or a minimum of no less
than one space per bedroom, off-street, whichever is greater. As part of site plan review, the Planning
Commission may impose a different (higher or lower) standard where the nature of the use supports such
standard.
Walnut/Cedar.
d. Multi 13+ du.
(i) Only allowed where the subject property has no frontage on Broadway,
(ii) Must preserve open space to coordinate with public spaces.
(iii) Building heights up to 50 feet or four stories above grade.
(iv) Setbacks - 15 feet from abutting single-family, minimum of eight feet
from public street. Interior side setbacks may be zero.
(v) Variable roofline and front building walls.
(vi) Garage entrances may not face a public street.
(vii) Garages which face a single-family residential zoning district must
screen the garage entrance from the eye -level view of the abutting property.
(viii) All parking in attached garages within building footprint (no surface
parking) .
(ix) Parking ratio of 1.7 spaces per dwelling unit including adjacent on -street
parking, or a minimum of no less than one space per bedroom, off-street, whichever is greater. As part
of site plan review, the Planning Commission may impose a different (higher or lower) standard where
the nature of the use supports such standard.
(x) Multiple -family housing limited to seniors may reduce parking supply to
half spaces per dwelling unit, off-street. As part of site plan review, the Planning Commission may
impose a different (higher or lower) standard where the nature of the type of senior living use supports
such standard.
e. Ground floor residential units. When allowed, subject to:
(i) Common areas, lobbies, etc. (if any) should be oriented toward street.
(ii) Street levels should include additional window and doorway glass
exposure toward streets.
2022S-3
Zoning 239
(iii) Residential units on upper, non -ground floors of buildings in the
Riverfront Character Area are permitted as a part of mixed-use buildings.
2. Commercial and mixed-use, generally.
a. Uses adjacent to single-family residential zoned properties which include
dining/drinking service spaces shall have one outdoor areas facing public open space use areas.
b. Building heights of up to 50 feet or four stories shall be permitted.
c. Buildings heights exceeding 50 feet or four stories may be allowed by
conditional use permit.
d. Residential units in mixed-use commercial buildings shall include balcony
spaces.
e. Building setbacks shall be 15 feet from abutting single-family homes,
minimum eight feet from public streets. Interior side setbacks may be zero.
(c) Landscaping.
1. Site improvements in the CCD shall include landscaping consistent with the
requirements of § 153.060 - Landscaping and Screening.
2. Pedestrian, plaza/patio, and bicycle spaces on the property shall integrate
alternative pavement materials, designs, or features consistent with the surrounding streetscape.
(d) Parking.
1. Off-street parking areas shall be developed and constructed according to the
requirements of § 153.067. Parking supply shall be as identified in this chapter, or where not specified
herein, as in § 153.067 - Off -Street Parking.
2. A commercial use which propose to vary from the requirements of this section by
deferring its required off-street supply and contributing to the public parking fund shall be accompanied
by a parking study, subject to review and approval by Community Development staff, which illustrates
an adequate amount of available unused public parking within 400 feet of the establishment's primary
entrance. "Adequate amount" shall be established by the city on a case-by-case basis in review of the
applicant's individualized parking study, but shall include the following elements, as a minimum: (1) an
examination of the public parking supply commonly available for use by the proposed business during
its peak usage hours; (2) the likely demand placed on said supply by the proposed business based on
contemporary resources for parking utilization; and (3) an estimate of competing demand on said supply.
2022S-3
240 Monticello - Land Usage
3. An existing business, as of the date of this chapter, which has a parking supply
which is substandard according to § 153.067 - Off -Street Parking, shall be considered a legal
nonconformity. The business may expand or change to another business that increases the parking supply
deficiency only by participating in the parking fund, according to the requirements of this Section and
§ 153.067(E)(4)(c) for such deficiency.
(e) Other performance standards.
1. All other performance standards as identified in §§ 153.060 through 153.072 shall
apply, unless otherwise addressed in this section.
2. Maximum residential density: 25.0 dwelling units per gross acre.
3. Building height.
4. Minimum height: 18 feet.
5. Maximum height: 60 feet.
a. Buildings may exceed 50 feet in height by conditional use permit, with
enhanced site improvements, architecture, and building materials.
6. Lot coverage, buildings.
a. Minimum building lot coverage: 20 %.
b. Maximum building lot coverage: 90%.
7. Floor area ratio = maximum floor area ratio - None.
8. Accessory structures.
a. Trash handling equipment shall be located within buildings wherever practical.
If located in a structure attached to, or detached from, the principal building, such structure shall screen
the trash handling equipment from the view of all neighboring property and public rights-of-way, and
shall be constructed of materials which comprise the principal building. Gates and/or doors shall be
constructed of permanent opaque materials, matching the principal building in color, and shall be kept
closed at all times other than when being used for access. Roofs for such structures are encouraged, but
not required when the screening wall of the enclosure is at least eight feet in height.
b. Any other accessory structures allowed in the CCD (see Table 5-4 -Accessory
Uses by District) shall meet all requirements of the CCD district applicable to principal buildings.
2022S-3
Zoning
7
lip •'may, �. ' 4: .. Irl • jer-p'{-"'�.
jr
k
'Lai'
#��+5� _ � �'�` K �'�2� :�•4 ems' 4�� •�' - J Y .�.:'"--�� ■ � � nffOAVja
14
2022S-3
241
242
Monticello - Land Usage
§ 153.045 INDUSTRIAL BASE ZONING DISTRICTS.
(A) General purpose. The industrial base zoning districts established in this section are intended to
provide locations for the retention, expansion and creation of businesses that provide jobs for Monticello
residents and expansion and diversification of the property tax base. More specifically, these districts
are intended to:
(1) Provide locations for industrial development in the areas of manufacturing, processing,
warehousing, distribution and related businesses consistent with the comprehensive plan;
(2) Allow non -industrial support businesses in industrial areas;
(3) Strengthen the city's economic base, and provide employment opportunities close to home
for residents of the city;
(4) Attract new investment in desired locations;
(5) Create suitable environments for industrial uses, and protect them from the adverse effects
of incompatible uses;
(6) Minimize the impact of industrial development on residential districts and uses.
(B) Standards applicable to all industrial base zoning districts.
(1) Condominiums.
(a) Industrial structures may be divided for the purpose of condominium ownership.
(b) Condominiums shall be designed to meet the International Building Code as adopted
in the Monticello City Code.
(2) Multi -story buildings. Applications for a conditional use permit to exceed the maximum
heights allowed in § 153.045 shall be subject to the general CUP review criteria listed in
§ 153.028(D)(4)(a) as well as the following:
(a) The building shall be at least 200 feet from any parcel that is zoned residential and used
or subdivided for residential use, or has an occupied institutional building including but not limited to
schools, places of public assembly, and community centers.
(b) The building shall not cast a shadow on residential structures between the hours of 9:00
a.m. and 3:00 p.m.
2022S-3
Zoning
243
(C) Industrial and Business Campus District, IBC. The purpose of the "IBC" industrial business
campus district is to provide for the establishment of limited light industrial business offices, limited light
manufacturing, wholesale showrooms and related uses in an environment which provides a high level
of amenities, including landscaping, preservation of natural features, architectural controls, and other
features.
(1) Base lot area. Minimum: 8,000 sq. ft.
(2) Base lot width. Minimum: 100 ft.
Typical IBC Building Types
2022S-3
TI
WS,
i LiJ
A
J
-
� T ..L-
2022S-3
244 Monticello - Land Usage
Typical IBC Lot Configuration
_44 •-• �� �� } � �� ~fit '-�-�sr �. i•+
id,
��x kr - •ice .
TABLE 3-16: IBC DEVELOPMENT STANDARDS
Required Yards (in feet) [l]
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
50
30
50
40
4 stories
(Reserved)
(Reserved)
45 feet
[2l
[ll: When any yard abuts a zoning district other than I-1 or I-2, the setbacks for the abutting yard must
be 50 feet.
[21: Multi -story buildings of more than 4 stories and 45 feet may be allowed as a conditional use pursuant
to § 153.028(D) contingent upon strict adherence to fire safety code provisions as specified by the
International Building Code as adopted in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
Additional
- In the IBC district, every effort shall be made to preserve natural ponding areas and features of the land
Regulations
to create passive open space.
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
2022S-3
Zoning
l: Lots must he a minimum loo feet wide and more than
8000 square feet In total size
is Front yard and side street setbacks of 5a feet
are required
;: High amenities and natural
featunes are tohigh light
7 _-PD'MAX HL
development inthe IRC
d i;trict-
-._
q: Maxlmurn
y
structure height of
'�
3o feet unless
otherwise authorized by
conditronal use permit
5.30 foot interior side yard setbacks required
6. Landscaped parking Islands required every 24 spaces in the I8C district
7. Parking areas set hack a minimum of 6 feet from property lines
245
(D) Light Industrial District, I-1. The purpose of the "I-1," light industrial, district is to provide for
the establishment of warehousing and light industrial development.
2022S-3
(1) Base lot area. Minimum: 20,000 square feet.
(2) Base lot width. Minimum: 100 feet.
Typical I-1 Building Types
.15
246
Monticello - Land Usage
Typical I-1 Lot Configuration
TABLE 3-17: I-1 DEVELOPMENT STANDARDS
Required Yards (in feet) [l]
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
30
15
30
15
4 stories
(Reserved)
(Reserved)
45 feet
[2l
[ll: When any yard abuts a zoning district other than I-1 or I-2, the setbacks for the abutting yard must
be 50 feet.
[21: Multi -story buildings of more than 4 stories and 45 feet may be allowed as a conditional use pursuant
to § 153.028(D) contingent upon strict adherence to fire safety code provisions as specified by the
International Building Code as adopted in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
2022S-3
c AMWrnum street side yard setback of ;o feet.
x: Minimum front yard setbatN of 90 feet
3: Minimum lot width of ioc feet
4: Light manufacturing plant as a
permitted use 1
g: Interior side yard setbacks of
15 feet
d: Minirnum lot sl2e of zo,oao
squarefcct
7: Rear yard setback of 19 feet
Zoning
r.�
247
(E) Heavy Industrial District, I-2. The purpose of the 1-2, " heavy industrial, district is to provide
for the establishment of heavy industrial and manufacturing development and use which because of the
nature of the product or character of activity requires isolation from residential or commercial use.
(1) Base lot area. Minimum: 30,000 square feet.
(2) Base lot width. Minimum: 100 feet.
Typical I-2 Building Types
F
2022S-3
NM
Monticello - Land Usage
Typical I-2 Lot Configuration
TABLE 3-18:1-2 DEVELOPMENT STANDARDS
Required Yards (in feet) [l]
Max Height
Max Floor Area
Max
(stories/
ft.)
Ratio (FAR)
Impervious
(% of gross lot
Front
Interior
Street
Rear
Side
Side
area)
All Uses
30
15
30
15
4 stories
(Reserved)
(Reserved)
45 feet
[2l
[1]: When any yard abuts a zoning district other than I-1 or I-2, the setbacks for the abutting yard must
be 50 feet.
[2]: Multi -story buildings of more than 4 stories and 45 feet may be allowed as a conditional use pursuant
to § 153.028(D) contingent upon strict adherence to fire safety code provisions as specified by the
International Building Code as adopted in the Monticello City Code.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
2022S-3
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249
TABLE 3-18:1-2 DEVELOPMENT STANDARDS
Other
- § 153.042, Common District Requirements
Regulation to
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Consult (not
- § 153.060, Landscaping and Screening Standards
all inclusive)
- § 153.064, Signs
- § 153.067, Off -Street Parking
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
1: Minimum front yard setback of 30 feet
2. More than two stories may be permitted in the I -Z
district if approved by conditional use permit.
3 Outdoor storage must be fully screened
4: Minimum 5o" setback from any
lot gine abutting a zoning
district other khan i -i or I-2
4
1
- - -- - -- 30,040 Sr- XQN1iWUM -
r
r{
i- 3
Irk I 4
§ 153.046 OVERLAY ZONING DISTRICTS.
(A) General purpose. Overlay zoning districts are superimposed over portions of one or more base
zoning districts in order to introduce additional zoning requirements necessary to address a specific issue.
(B) Relationship to base zoning districts.
(1) Regulations governing development in an overlay zoning district shall apply in addition to
the regulations governing development in the underlying base zoning district unless expressly stated
otherwise in these regulations.
(2) Conflicts between overlay district standards and other standards in this chapter shall be
resolved as outlined in § 153.007(C).
(C) Floodplain district.
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250 Monticello - Land Usage
(1) Statutory authorization, findings of fact and purpose.
(a) Statutory authorization. The legislature of the State of Minnesota has, in M. S. Chapter
103F and Chapter 462, as they may be amended from time to time, delegated the responsibility to local
government units to adopt regulations designed to minimize flood losses. Therefore, the City Council
of Monticello, Minnesota, does ordain as follows.
(b) Purpose.
1. This chapter regulates development in the flood hazard areas of the city of
Monticello. These flood hazard areas are subject to periodic inundation, which may result in loss of life
and property, health and safety hazards, disruption of commerce and governmental services,
extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is
the purpose of this chapter to promote the public health, safety, and general welfare by minimizing these
losses and disruptions.
2. National Flood Insurance Program Compliance. This chapter is adopted to comply
with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal
Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood
Insurance Program.
3. This chapter is also intended to preserve the natural characteristics and functions
of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water
quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities,
provide aesthetic benefits and enhance community and economic development.
(2) General provisions.
(a) Lands to which ordinance applies. This chapter applies to all lands within the
jurisdiction of the city of Monticello within the boundaries of the Floodway and Flood Fringe Districts.
The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate
Map, or as modified in accordance with § 153.046(C)(2)(a)2. below.
1. The Floodway, Flood Fringe and General Floodplain Districts are overlay districts
that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are
in addition to any other requirements in this chapter. In case of a conflict, the more restrictive standards
will apply.
2. Where a conflict exists between the floodplain limits illustrated on the official
floodplain maps and actual field conditions, the flood elevations shall be the governing factor in locating
the regulatory floodplain limits.
3. Persons contesting the location of the district boundaries will be given a reasonable
opportunity to present their case to the Planning Commission and to submit technical evidence.
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Zoning
(b) Incorporation of maps by reference.
251
1. The following maps together with all attached material are hereby adopted by
reference and declared to be a part of the Official Zoning Map and this chapter.
a. Currently effective flood insurance study:
(i) City of Monticello, Minnesota, dated May 1979.
(ii) Wright County Minnesota unincorporated areas, dated 8/18/1992.
b. Currently effective Flood Insurance Rate Map panels enumerated below:
(i) City of Monticello, Panel 270541000513, effective 11/1/1979.
(ii) Wright County, Minnesota Panel 2705340018C, effective 8/18/1992.
(iii) Wright County, Minnesota Panel 2705340015B, effective 8/4/1988.
c. Currently effective Flood Boundary and Floodway Map panels enumerated
below:
(i) City of Monticello, Panel 2705410001B, effective 11/1/1979.
(ii) City of Monticello, Panel 2705410002B, effective 11/1/1979.
(iii) City of Monticello, Panel 2705410003B, effective 11/1/1979.
d. Preliminary flood insurance study:
(i) Wright County Minnesota and Incorporated Areas, dated 6/22/2011.
e. Preliminary Flood Insurance Rate Map panels enumerated below:
(i) Wright County, Minnesota Panel 27171C0155D, dated 6/22/2011.
(ii) Wright County, Minnesota Panel 27171C01601), dated 6/22/2011.
(iii) Wright County, Minnesota Panel 27171C01651), dated 6/22/2011.
(iv) Wright County, Minnesota Panel 27171C0170D, dated 6/22/2011.
(v) Wright County, Minnesota Panel 27171C01901), dated 6/22/2011.
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252 Monticello - Land Usage
2. For any instance where the effective and preliminary maps conflict, the more
restrictive map shall apply. These materials are on file in the City Clerk's Office, City of Monticello City
Hall.
(c) Abrogation and greater restrictions. It is not intended by this chapter to repeal,
abrogate, or impair any existing easements, covenants, or other private agreements. However, where
this chapter imposes greater restrictions, the provisions of this chapter prevail. All other ordinances
inconsistent with this chapter are hereby repealed to the extent of the inconsistency only.
(d) Warning and disclaimer of liability. This chapter does not imply that areas outside the
floodplain districts or land uses permitted within such districts will be free from flooding or flood
damages. This chapter does not create liability on the part of Monticello or its officers or employees for
any flood damages that result from reliance on this chapter or any administrative decision lawfully made
hereunder.
(e) Severability. If any section, clause, provision, or portion of this chapter is adjudged
unconstitutional or invalid by a court of law, the remainder of this chapter shall not be affected and shall
remain in full force.
(f) Definitions. Unless specifically defined below, words or phrases used in this chapter
must be interpreted according to common usage and so as to give this chapter its most reasonable
application.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and
of a nature customarily incidental and subordinate to, the principal use or structure.
BASE FLOOD. The flood having a 1 % chance of being equaled or exceeded in any
given year.
BASE FLOOD ELEVATION. The elevation of the "regional flood." The term "base
flood elevation" is used is used in the flood insurance survey.
BASEMENT. Any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground
level.
CONDITIONAL USE. A specific type of structure or land use listed in the official
control that may be allowed but only after an in-depth review procedure and with appropriate conditions
or restrictions as provided in the official zoning controls or building codes and upon a finding that:
a. Certain conditions as detailed in the zoning ordinance exist.
b. The structure and/or land use conform to the comprehensive land use plan if
one exists and are compatible with the existing neighborhood.
2022S-3
Zoning 253
CRITICAL FACILITIES. Facilities necessary to a community's public health and
safety, those that store or produce highly volatile, toxic or water -reactive materials, and those that house
occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities
include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police
stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and
waste handling and storage facilities.
DEVELOPMENT. Any manmade change to improved or unimproved real estate,
including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
EQUAL DEGREE OF ENCROACHMENT. A method of determining the location of
floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a
proportionate share of flood flows.
FARM FENCE. A fence as defined by M.S. § 344.02, subd. 1(a) -(d). An open type
fence of posts and wire is not considered to be a structure under this chapter. Fences that have the
potential to obstruct flood flows, such as chain link fences and rigid walls, are regulated as structures
under this chapter.
FLOOD. A temporary increase in the flow or stage of a stream or in the stage of a
wetland or lake that results in the inundation of normally dry areas.
FLOOD FREQUENCY. The frequency for which it is expected that a specific flood
stage or discharge may be equaled or exceeded.
FLOOD FRINGE. The portion of the special flood hazard area (1 % annual chance
flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used
in the flood insurance study for Wright County, Minnesota.
FLOOD INSURANCE RATE MAP. An official map on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the
community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map
(DFIRM).
FLOOD PRONE AREA. Any land susceptible to being inundated by water from any
source.
FLOODPLAIN. The beds proper and the areas adjoining a wetland, lake or
watercourse which have been or hereafter may be covered by the regional flood.
FLOODPROOFING. A combination of structural provisions, changes, or adjustments
to properties and structures subject to flooding, primarily for the reduction or elimination of flood
damages.
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254 Monticello - Land Usage
FLOODWAY. The bed of a wetland or lake and the channel of a watercourse and those
portions of the adjoining floodplain which are reasonably required to carry or store the regional flood
discharge.
LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement) .
An unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage in an area other than a basement area, is not considered a building's lowest floor; provided, that
such enclosure is not built so as to render the structure in violation of the applicable non -elevation design
requirements of 44 Code of Federal Regulations, Part 60.3.
MANUFACTURED HOME. A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without a permanent foundation when
attached to the required utilities. The term "manufactured home" does not include the term "recreational
vehicle."
NEW CONSTRUCTION. Structures, including additions and improvements, and
placement of manufactured homes, for which the start of construction commenced on or after the
effective date of this chapter.
OBSTRUCTION. Any dam, wall, wharf, embankment, levee, dike, pile, abutment,
projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill,
structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory
floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
ONE HUNDRED YEAR FLOODPLAIN. Lands inundated by the "Regional Flood"
(see definition).
PRINCIPAL USE OR STRUCTURE. All uses or structures that are not accessory uses
or structures.
REACH. A hydraulic engineering term to describe a longitudinal segment of a stream
or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or
river between two consecutive bridge crossings would most typically constitute a reach.
RECREATIONAL VEHICLE. A vehicle that is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is designed to be self-propelled or
permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of
this chapter, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle."
REGIONAL FLOOD. A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 1 % chance or 100 -year recurrence interval. Regional flood
is synonymous with the term "base flood" used in a flood insurance study.
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Zoning 255
REGULATORYFLOOD PROTECTIONELEVATION (RFPE). An elevation not less
than one foot above the elevation of the regional flood plus any increases in flood elevation caused by
encroachments on the floodplain that result from designation of a floodway.
REPETITIVE LOSS. Flood related damages sustained by a structure on two separate
occasions during a ten year period for which the cost of repairs at the time of each such flood event on
the average equals or exceeds 25 % of the market value of the structure before the damage occurred.
SPECIAL FLOOD HAZARD AREA. A term used for flood insurance purposes
synonymous with "100 -Year Floodplain."
START OF CONSTRUCTION. Includes substantial improvement, and means the
actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other
improvement that occurred before the permit's expiration date. The actual start is either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection
of temporary forms; nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial
improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or
other structural part of a building, whether or not that alteration affects the external dimensions of the
building.
STRUCTURE. Anything constructed or erected on the ground or attached to the
ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages,
cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in
§ 153.046(I)(2)(b) and other similar items.
SUBSTANTIAL DAMAGE. Means damage of any origin sustained by a structure
where the cost of restoring the structure to its before damaged condition would equal or exceed 50 % of
the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT. Within any consecutive 365 -day period, any
reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition,
or other improvement of a structure, the cost of which equals or exceeds 50 % of the market value of the
structure before the "start of construction" of the improvement. This term includes structures that have
incurred "substantial damage," regardless of the actual repair work performed. The term does not,
however, include either:
a. Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions.
2022S-3
256 Monticello - Land Usage
b. Any alteration of a "historic structure," provided that the alteration will not
preclude the structure's continued designation as a "historic structure." For the purpose of this chapter,
"historic structure" is as defined in 44 Code of Federal Regulations, Part 59.1.
(g) Annexations. The Flood Insurance Rate Map panels adopted by reference into
§ 153.046(C)(2) above may include floodplain areas that lie outside of the corporate boundaries of the
City of Monticello at the time of adoption of this chapter. If any of these floodplain land areas are
annexed into the city of Monticello after the date of adoption of this chapter, the newly annexed
floodplain lands will be subject to the provisions of this chapter.
(h) Detachments. The Flood Insurance Rate Map panels adopted by reference into
§ 153.046(C)(2) above will include floodplain areas that lie inside the corporate boundaries of
municipalities at the time of adoption of this chapter. If any of these floodplain land areas are detached
from a municipality and come under the jurisdiction of Monticello after the date of adoption of this
chapter, the newly detached floodplain lands will be subject to the provisions of this chapter immediately
upon the date of detachment.
(3) Establishment of floodplain districts.
(a) Districts.
1. Floodway District. The Floodway District includes those areas within Zones AE,
A2, A7 delineated within floodway areas as shown on the Flood Insurance Rate Maps and Flood
Boundary and Floodway Maps adopted in § 153.046(C)(2).
2. Flood Fringe District. The Flood Fringe District includes areas within Zones AE,
A2, A7 on the Flood Insurance Rate Map and flood boundary and floodway maps adopted in
§ 153.046(C)(2),but located outside of the floodway.
3. Reserved for General Floodplain District.
(b) Applicability. Where Floodway and Flood Fringe districts are delineated on the
floodplain maps, the standards in § 153.046(D) or § 153.046(E) will apply, depending on the location
of a property.
(4) Requirements for all floodplain districts.
(a) Permit required. A permit must be obtained from the Zoning Administrator to verify
a development meets the standards outlined in this chapter prior to conducting the following activities:
1. The erection, addition, modification, rehabilitation, or alteration of any building,
structure, or portion thereof. Normal maintenance and repair also requires a permit if such work,
separately or in conjunction with other planned work, constitutes a substantial improvement as defined
in this chapter.
2022S-3
Zoning 257
2. The construction of a dam, on-site septic system, or fence, although a permit is
not required for a farm fence as defined in this chapter.
3. The use or change of use of a building, structure, or land.
4. The change or extension of a nonconforming use.
5. The repair of a structure that has been damaged by flood, fire, tornado, or any
other source.
6. The placement of fill, excavation of materials, or the storage of materials or
equipment within the floodplain.
7. Relocation or alteration of a watercourse (including new or replacement culverts
and bridges), unless a public waters work permit has been applied for.
8. Any other type of "development" as defined in this chapter.
(b) Building sites. If a proposed building site is in a flood prone area, all new construction
and substantial improvements (including the placement of manufactured homes) must be:
1. Designed (or modified) and adequately anchored to prevent floatation, collapse,
or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the
effects of buoyancy;
2. Constructed with materials and utility equipment resistant to flood damage;
3. Constructed by methods and practices that minimize flood damage; and
4. Constructed with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
(c) Flood capacity. In no cases shall floodplain development adversely affect the efficiency
or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream,
drainage ditches, or any other drainage facilities or systems.
(d) Other.
1. The storage or processing of materials that are, in time of flooding, flammable,
explosive, or potentially injurious to human, animal, or plant life is prohibited.
2. Critical facilities, as defined in § 153.046(C)(2)(f), are prohibited in all floodplain
districts.
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258
(D) Floodway District (FW).
Monticello - Land Usage
(1) Permitted uses. The following uses, subject to the standards set forth in § 153.046(D)(2),
are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay
district:
(a) General farming, pasture, grazing, farm fences, outdoor plant nurseries, horticulture,
forestry, sod farming, and wild crop harvesting.
(b) Industrial -commercial loading areas, parking areas, and airport landing strips.
(c) Open space uses, including but not limited to private and public golf courses, tennis
courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks,
wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas,
and single or multiple purpose recreational trails.
(d) Residential yards, lawns, gardens, parking areas, and play areas.
(e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the
Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any
permit.
(2) Standards for floodway permitted uses.
(a) The use must have a low flood damage potential.
(b) The use must not obstruct flood flows or cause any increase in flood elevations and
must not involve structures, obstructions, or storage of materials or equipment.
(c) Any facility that will be used by employees or the general public must be designed with
a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and
velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a
product of four upon occurrence of the regional (1 % chance) flood.
(3) Conditional uses. The following uses may be allowed as conditional uses following the
standards and procedures set forth in § 153.046(7)(4) of this chapter and further subject to the standards
set forth in § 153.046(D)(4), if otherwise allowed in the underlying zoning district or any applicable
overlay district.
(a) Structures accessory to the uses listed in § 153.046(D)(1)(a) through (c) above and the
uses listed in § 153.046(D)(3)(b) and (c) below.
(b) Extraction, fill and storage of soil, sand, gravel, and other materials.
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259
(c) Marinas, boat rentals, permanent docks, piers, wharves, and water control structures.
(d) Storage yards for equipment, machinery, or materials.
(e) Construction of fences that obstruct flood flows. Farm fences, as defined in
§ 153.046(C)(2)(f), are permitted uses.
(f) Travel -ready recreational vehicles meeting the exception standards in
§ 153.046(I)(2)(b).
(g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal
to or less than the ten-year frequency flood event.
(4) Standards for floodway conditional uses.
(a) All uses. A conditional use must not cause any increase in the regional flood elevations
or cause an increase in flood damages in the reach or reaches affected.
(b) Fill, storage of materials and equipment.
1. Fill, dredge spoil, and other similar materials deposited or stored in the floodplain
must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method.
Permanent sand and gravel operations and similar uses must be covered by a long-term site development
plan.
2. Temporary placement of fill, other materials, or equipment which would cause an
increase to the stage of the 1 % chance or regional flood may only be allowed if the City of Monticello
has approved a plan that assures removal of the materials from the floodway based upon the flood
warning time available.
(c) Accessory structures. Accessory structures, as identified in § 153.046(D)(3)(a), may
be permitted, provided that:
1. Structures are not intended for human habitation;
2. Structures will have a low flood damage potential;
3. Structures will be constructed and placed so as to offer a minimal obstruction to
the flow of flood waters;
4. Service utilities, such as electrical and heating equipment, within these structures
must be elevated to or above the regulatory flood protection elevation or properly floodproofed;
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260 Monticello - Land Usage
5. Structures must be elevated on fill or structurally dry floodproofed in accordance
with the FP1 or FP2 floodproofing classifications in the State Building Code. All floodproofed structures
must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize
hydrostatic flood forces on exterior walls.
6. As an alternative, an accessory structure may be internally/wet floodproofed to
the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure
constitutes a minimal investment. Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic
openings.
(d) Structural works for flood control that will change the course, current or cross section
of protected wetlands or public waters are subject to the provisions of M.S. § 103G.245, as it may be
amended from time to time.
(e) A levee, dike or floodwall constructed in the floodway must not cause an increase to
the 1 % chance or regional flood. The technical analysis must assume equal conveyance or storage loss
on both sides of a stream.
(f) Floodway developments must not adversely affect the hydraulic capacity of the channel
and adjoining floodplain of any tributary watercourse or drainage system.
(E) Flood Fringe District (FF).
(1) Permitted uses. Permitted uses are those uses of land or structures allowed in the underlying
zoning district(s) that comply with the standards in § 153.046(E)(2). If no pre-existing, underlying
zoning districts exist, then any residential or nonresidential structure or use of a structure or land is a
permitted use provided it does not constitute a public nuisance.
(2) Standards for flood fringe permitted uses.
(a) All structures, including accessory structures, must be elevated on fill so that the lowest
floor, as defined, is at or above the regulatory flood protection elevation. The finished fill elevation for
structures must be no lower than one foot below the regulatory flood protection elevation and the fill
must extend at the same elevation at least 15 feet beyond the outside limits of the structure.
2022S-3
Zoning 261
(b) Accessory structures. As an alternative to the fill requirements of § 153.046(E)(2)(a),
structures accessory to the uses identified in § 153.046(E)(1) may be permitted to be internally/wet
floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that:
1. The accessory structure constitutes a minimal investment, does not exceed 576
square feet in size, and is only used for parking and storage.
2. All portions of floodproofed accessory structures below the Regulatory Flood
Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement
and designed to equalize hydrostatic flood forces on exterior walls; (ii) be constructed with materials
resistant to flood damage; and (iii) must have all service utilities be water -tight or elevated to above the
regulatory flood protection elevation.
3. Designs for meeting this requirement must either be certified by a registered
professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a
minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not
less than one square inch for every square foot of enclosed area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using
human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic
openings.
(c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000
cubic yards, unless the fill is specifically intended to elevate a structure in accordance with
§ 153.046(E)(2)(a) of this chapter, or if allowed as a conditional use under § 153.046(E)(3)(c) below.
(d) The storage of any materials or equipment must be elevated on fill to the regulatory
flood protection elevation.
(e) All service utilities, including ductwork, must be elevated or water -tight to prevent
infiltration of floodwaters.
(f) All fill must be properly compacted and the slopes must be properly protected by the
use of riprap, vegetative cover or other acceptable method.
(g) All new principal structures must have vehicular access at or above an elevation not
more than two feet below the regulatory flood protection elevation, or must have a flood warning
/emergency evacuation plan acceptable to the City of Monticello.
(h) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation
lower than the regulatory flood protection elevation. However, any facilities used by employees or the
general public must be designed with a flood warning system that provides adequate time for evacuation
2022S-3
262 Monticello - Land Usage
if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in
feet per second) would exceed a product of four upon occurrence of the regional (1 % chance) flood.
(i) Manufactured homes and recreational vehicles must meet the standards of § 153.046(I)
of this chapter.
(3) Conditional uses. The following uses and activities may also be allowed as conditional uses
as a principal or accessory use only if allowed in the underlying zoning district(s) or any applicable
overlay district, following the procedures in § 153.046(J).
(a) Storage of any material or equipment below the regulatory flood protection elevation.
(b) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not
being used to elevate a structure in accordance with § 153.046(E)(2)(a).
(c) The use of methods to elevate structures above the regulatory flood protection
elevation, including stilts, pilings, parallel walls, or above -grade, enclosed areas such as crawl spaces
or tuck under garages, shall meet the standards in § 153.046(E)(4)(f).
(4) Standards for flood fringe conditional uses:
(a) The standards listed in § 153.046(E)(2)(d) through § 153.046(E)(2)(h) apply to all
conditional uses.
(b) Residential basements, as defined by § 153.046(C)(2)(f), are not allowed below the
regulatory flood protection elevation.
(c) All areas of nonresidential structures, including basements, to be placed below the
regulatory flood protection elevation must be structurally dry floodproofed, meeting the FPI or FP2
floodproofing classification in the State Building Code, which requires making the structure watertight
with the walls substantially impermeable to the passage of water and with structural components capable
of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy.
(d) The placement of more than 1,000 cubic yards of fill or other similar material on a
parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation)
must comply with an approved erosion/sedimentation control plan.
1. The plan must clearly specify methods to be used to stabilize the fill on site for a
flood event at a minimum of the regional (1 % chance) flood event.
2. The plan must be prepared and certified by a registered professional engineer or
other qualified individual acceptable to the City of Monticello.
3. The plan may incorporate alternative procedures for removal of the material from
the floodplain if adequate flood warning time exists.
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(e) Storage of materials and equipment below the regulatory flood protection elevation
must comply with an approved emergency plan providing for removal of such materials within the time
available after a flood warning.
(f) Alternative elevation methods other than the use of fill may be utilized to elevate a
structure's lowest floor above the regulatory flood protection elevation. The base or floor of an enclosed
area shall be considered above -grade and not a structure's basement or lowest floor if: 1) the enclosed
area is above -grade on at least one side of the structure; 2) it is designed to internally flood and is
constructed with flood resistant materials; and 3) it is used solely for parking of vehicles, building access
or storage. The above -noted alternative elevation methods are subject to the following additional
standards:
1. Design and certification. The structure's design and as -built condition must be
certified by a registered professional engineer as being in compliance with the general design standards
of the State Building Code and, specifically, that all electrical, heating, ventilation, plumbing and air
conditioning equipment and other service facilities must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from entering or accumulating within these components
during times of flooding. Structure shall be subject to a nonconversion agreement with upon the issuance
of any permit.
2. Above -grade, fully enclosed areas such as crawl spaces or tuck under garages must
be designed to internally flood and the design plans must stipulate:
a. The minimum area of openings in the walls where internal flooding is to be
used as a floodproofing technique. There shall be a minimum of two openings on at least two sides of
the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic
openings shall have a minimum net area of not less than one square inch for every square foot of
enclosed area subject to flooding unless a registered professional engineer or architect certifies that a
smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves,
or other coverings or devices provided that they permit the automatic entry and exit of flood waters
without any form of human intervention; and
b. That the enclosed area will be designed of flood resistant materials in
accordance with the FP3 or FP4 classifications in the State Building Code and shall be used solely for
building access, parking of vehicles or storage.
(F) Reserved for General Floodplain District.
(G) Subdivision standards.
(1) Subdivisions. No land may be subdivided which is unsuitable for reasons of flooding or
inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and
recreational vehicle parks or campgrounds are considered subdivisions under this chapter.
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(a) All lots within the floodplain districts must be able to contain a building site outside
of the Floodway District at or above the regulatory flood protection elevation.
(b) All subdivisions must have road access both to the subdivision and to the individual
building sites no lower than two feet below the regulatory flood protection elevation, unless a flood
warning emergency plan for the safe evacuation of all vehicles and people during the regional (1 %
chance) flood has been approved by the City of Monticello. The plan must be prepared by a registered
engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to
carry out the evacuation.
(c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District
boundaries, the regulatory flood protection elevation and the required elevation of all access roads must
be clearly labeled on all required subdivision drawings and platting documents.
(d) Subdivision proposals must be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage within
the flood prone area;
2. All public utilities and facilities, such as sewer, gas, electrical, and water systems
are located and constructed to minimize or eliminate flood damage; and
3. Adequate drainage is provided to reduce exposure of flood hazard.
(H) Public utilities, railroads, roads, and bridges.
(1) Public utilities. All public utilities and facilities such as gas, electrical, sewer, and water
supply systems to be located in the floodplain must be flood proofed in accordance with the State
Building Code or elevated to the regulatory flood protection elevation.
(2) Public transportation facilities. Railroad tracks, roads, and bridges to be located within the
floodplain must comply with § 153.046(C)(4) and § 153.046(D). These transportation facilities must be
elevated to the regulatory flood protection elevation where failure or interruption of these facilities would
result in danger to the public health or safety or where such facilities are essential to the orderly
functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation
where failure or interruption of transportation services would not endanger the public health or safety.
(3) On-site water supply and sewage treatment systems. Where public utilities are not provided:
1) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters
into the systems and are subject to the provisions in Minn. Rules 4725.4350, as amended; and 2) New
or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration
of flood waters into the systems and discharges from the systems into flood waters, they must not be
subject to impairment or contamination during times of flooding, and are subject to the provisions in
Minn. Rules 7080.2270, as amended.
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(I) Manufactured homes and recreational vehicles.
265
(1) Manufactured homes. New manufactured home parks and expansions to existing
manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks
or lots of record, the following requirements apply:
(a) Placement or replacement of manufactured home units is prohibited in the Floodway
District.
(b) Placement or replacement of manufactured home units in the Flood Fringe District is
subject to the requirements of § 153.046(E) and the following standards.
1. New and replacement manufactured homes must be elevated in compliance with
§ 153.046(D) of this chapter and must be securely anchored to an adequately anchored foundation system
that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not
limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to
applicable state or local anchoring requirements for resisting wind forces.
2. New or replacement manufactured homes in existing manufactured home parks
must meet the vehicular access requirements for subdivisions in § 153.046(G)(1)(b) of this chapter.
(2) Recreational vehicles. New recreational vehicle parks or campgrounds and expansions to
existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement
of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet
the requirements below.
(a) Recreational vehicles are exempt from the provisions of this chapter if they are placed
in any of the following areas and meet the criteria listed in § 153.046(I)(2)(b):
1. Individual lots or parcels of record.
2. Existing commercial recreational vehicle parks or campgrounds.
3. Existing condominium -type associations.
(b) Criteria for exempt recreational vehicles:
1. The vehicle must have a current license required for highway use.
2. The vehicle must be highway ready, meaning on wheels or the internal jacking
system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and
recreational vehicle parks.
3. No permanent structural type additions may be attached to the vehicle.
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4. Accessory structures may be permitted in the Flood Fringe District, provided that
they constitute a minimal investment, do not hinder the removal of the vehicle should flooding occur,
and meet the standards outlined in § 153.046(C)(4)(b) and § 153.046(E)(2)(b).
(J) Administration.
(1) Duties. A Zoning Administrator or other official designated by the City of Monticello must
administer and enforce this chapter.
(2) Permit application requirements.
(a) Application for permit. Permit applications must be submitted to the Zoning
Administrator on forms provided by the Zoning Administrator. The permit application must include the
following as applicable:
1. A site plan showing all pertinent dimensions, existing or proposed buildings,
structures, and significant natural features having an influence on the permit.
2. Location of fill or storage of materials in relation to the stream channel.
3. Copies of any required municipal, county, state or federal permits or approvals.
4. Other relevant information requested by the Zoning Administrator as necessary
to properly evaluate the permit application.
(b) Certification. The applicant is required to submit certification by a registered
professional engineer, registered architect, or registered land surveyor that the finished fill and building
elevations were accomplished in compliance with the provisions of this chapter. Floodproofing measures
must be certified by a registered professional engineer or registered architect. Accessory structures
designed in accordance with § 153.046(E)(2)(b) of this chapter are exempt from certification, provided
sufficient documentation is provided.
(c) Certificate of zoning compliance for a new, altered, or nonconforming use. No
building, land or structure may be occupied or used in any manner until a certificate of zoning
compliance has been issued by the Zoning Administrator stating that the use of the building or land
conforms to the requirements of this chapter.
(d) Construction and use as provided on applications. Permits, conditional use permits or
certificates of zoning compliance issued on the basis of approved plans and applications authorize only
the use, arrangement, and construction set forth in such approved plans and applications, and no other
use, arrangement, or construction. Any use arrangement, or construction at variance with that authorized
shall be deemed a violation of this chapter.
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(e) Record of first floor elevation. The Zoning Administrator must maintain a record of
the elevation of the lowest floor (including basement) of all new structures and alterations or additions
to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the
elevation to which structures and alterations or additions to structures are floodproofed.
(f) Notifications for watercourse alterations. Before authorizing any alteration or
relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the
applicant has applied for a permit to work in public waters pursuant to M.S. § 103G.245, as it may be
amended from time to time, this will suffice as adequate notice. A copy of the notification must also be
submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA).
(g) Notification to FEMA when physical changes increase or decrease base flood
elevations. As soon as is practicable, but not later than six months after the date such supporting
information becomes available, the Zoning Administrator must notify the Chicago Regional Office of
FEMA of the changes by submitting a copy of the relevant technical or scientific data.
(3) Variances.
(a) Variance applications. An application for a variance to the provisions of this chapter
will be processed and reviewed in accordance with applicable state statutes and §§ 153.025 through
153.028.
(b) Adherence to state floodplain management standards. A variance must not allow a use
that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood
protection elevation for the particular area, or permit standards lower than those required by state law.
(c) Additional variance criteria. The following additional variance criteria of the Federal
Emergency Management Agency must be satisfied:
1. Variances must not be issued by a community within any designated regulatory
floodway if any increase in flood levels during the base flood discharge would result.
2. Variances may only be issued by a community upon (i) a showing of good and
sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional
hardship to the applicant; and (iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
3. Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(d) Flood insurance notice. The Zoning Administrator must notify the applicant for a
variance that: 1) The issuance of a variance to construct a structure below the base flood level will result
in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance
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coverage; and 2) Such construction below the base or regional flood level increases risks to life and
property. Such notification must be maintained with a record of all variance actions.
(e) General considerations. The community may consider the following factors in granting
variances and imposing conditions on variances and conditional uses in floodplains:
1. The potential danger of life and property due to increased flood heights or
velocities caused by encroachments;
2. The danger that materials may be swept onto other lands or downstream to the
injury of others;
3. The proposed water supply and sanitation systems, if any, and the ability of these
systems to minimize the potential for disease, contamination and unsanitary conditions;
4. The susceptibility of any proposed use and its contents to flood damage and the
effect of such damage on the individual owner;
community;
5. The importance of the services to be provided by the proposed use to the
6. The requirements of the facility for a waterfront location;
7. The availability of viable alternative locations for the proposed use that are not
subject to flooding;
8. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future;
9. The relationship of the proposed use to the Comprehensive Land Use Plan and
floodplain management program for the area;
10. The safety of access to the property in times of flood for ordinary and emergency
vehicles;
11. The expected heights, velocity, duration, rate of rise and sediment transport of the
flood waters expected at the site.
(f) Submittal of hearing notices to the Department of Natural Resources (DNR). The
Zoning Administrator or other official designated by the City of Monticello must submit hearing notices
for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the
hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist.
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(g) Submittal offinal decisions to the DNR. A copy of all decisions granting variances must
be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or
U.S. Mail to the respective DNR area hydrologist.
(h) Record-keeping. The Zoning Administrator must maintain a record of all variance
actions, including justification for their issuance, and must report such variances in an annual or biennial
report to the Administrator of the National Flood Insurance Program, when requested by the Federal
Emergency Management Agency.
(4) Conditional uses.
(a) Administrative review. An application for a conditional use permit under the provisions
of this chapter will be processed and reviewed in accordance with §§ 153.025 through 153.028.
(b) Factors used in decision-making. In passing upon conditional use applications, the City
of Monticello must consider all relevant factors specified in other sections of this chapter, and those
factors identified in § 153.046(J)(3)(e).
(c) Conditions attached to conditional use permits. The City of Monticello may attach such
conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this
chapter. Such conditions may include, but are not limited to, the following:
Modification of waste treatment and water supply facilities.
2. Limitations on period of use, occupancy, and operation.
3. Imposition of operational controls, sureties, and deed restrictions.
4. Requirements for construction of channel modifications, compensatory storage,
dikes, levees, and other protective measures.
5. Floodproofing measures, in accordance with the State Building Code and this
chapter. The applicant must submit a plan or document certified by a registered professional engineer
or architect that the floodproofing measures are consistent with the regulatory flood protection elevation
and associated flood factors for the particular area.
(d) Submittal of hearing notices to the Department of Natural Resources (DNR). The
Zoning Administrator or other official designated by the City of Monticello must submit hearing notices
for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of
the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area
hydrologist.
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(e) Submittal of hearing notices to the Department of Natural Resources (DNR). The City
of Monticello must submit hearing notices for proposed conditional uses to the DNR sufficiently in
advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or
U.S. Mail to the respective DNR area hydrologist.
(f) Submittal of final decisions to the DNR. A copy of all decisions granting conditional
uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic
mail or U.S. Mail to the respective DNR area hydrologist.
(K) Nonconformities.
(1) Continuance of nonconformities. A use, structure, or occupancy of land which was lawful
before the passage or amendment of this chapter but which is not in conformity with the provisions of
this chapter may be continued subject to the following conditions. Historic structures, as defined in
§ 153.046(C)(2)(f), are subject to the provisions of § 153.046(K)(1)(a) to § 153.046(K)(1)(f).
(a) A nonconforming use, structure, or occupancy must not be expanded, changed,
enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood
flows except as provided in § 153.046(K)(1)(b) below. Expansion or enlargement of uses, structures or
occupancies within the Floodway District is prohibited.
(b) Any addition or structural alteration to a nonconforming structure or nonconforming
use that would result in increasing its flood damage potential must be protected to the regulatory flood
protection elevation in accordance with any of the elevation on fill or floodproofing techniques (i.e., FP1
thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted
in § 153.046(K)(1)(d) below.
(c) If any nonconforming use, or any use of a nonconforming structure, is discontinued
for more than one year, any future use of the premises must conform to this chapter.
(d) If any structure experiences a substantial improvement as defined in this chapter, then
the entire structure must meet the standards of § 153.046(D) or § 153.046(E) for new structures,
depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. If the
current proposal, including maintenance and repair during the previous 365 days, plus the costs of any
previous alterations and additions since the first Flood Insurance Rate Map exceeds 50 % of the market
value of any nonconforming structure, the entire structure must meet the standards of § 153.046(D) or
§ 153.046(E).
(e) If any nonconformity is substantially damaged, as defined in this chapter, it may not
be reconstructed except in conformity with the provisions of this chapter. The applicable provisions for
establishing new uses or new structures in § 153.046(D) or § 153.046(E) will apply depending upon
whether the use or structure is in the Floodway or Flood Fringe, respectively.
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(f) If any nonconforming use or structure experiences a repetitive loss, as defined in
§ 153.046(C)(2)(f), it must not be reconstructed except in conformity with the provisions of this chapter.
(L) Violations and penalties.
(1) Violation constitutes a misdemeanor. Violation of the provisions of this chapter or failure
to comply with any of its requirements (including violations of conditions and safeguards established in
connection with grants of variances or conditional uses) constitute a misdemeanor and will be punishable
as defined by law.
(2) Other lawful action. Nothing in this chapter restricts the City of Monticello from taking
such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does
not appropriately respond to the Zoning Administrator within the specified period of time, each
additional day that lapses will constitute an additional violation of this chapter and will be prosecuted
accordingly.
(3) Enforcement. Violations of the provisions of this chapter will be investigated and resolved
in accordance with the provisions of §§ 153.120 through 153.124 and § 153.999. In responding to a
suspected ordinance violation, the Zoning Administrator and City of Monticello may utilize the full array
of enforcement actions available to it including but not limited to prosecution and fines, injunctions,
after -the -fact permits, orders for corrective measures or a request to the National Flood Insurance
Program for denial of flood insurance availability to the guilty party. The City of Monticello must act
in good faith to enforce these official controls and to correct ordinance violations to the extent possible
so as not to jeopardize its eligibility in the National Flood Insurance Program.
(M) Amendments.
(1) Floodplain designation - restrictions on removal. The floodplain designation on the Official
Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is
in error or that the area has been filled to or above the elevation of the regulatory flood protection
elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be
permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner
determines that, through other measures, lands are adequately protected for the intended use.
(2) Amendments require DNR approval. All amendments to this chapter must be submitted to
and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption.
The Commissioner must approve the amendment prior to community approval.
(3) Map revisions require ordinance amendments. The floodplain district regulations must be
amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain
maps adopted in § 153.046(C)(2).
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(N) Wetland District.
(1) Findings, intent and incorporation by reference.
(a) The city has determined that wetlands serve to maintain water quality by filtering water
that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants, and
nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their
inorganic to organic forms, thereby, protecting streams and water bodies from eutrophication and
contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In
addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support
more stable biological communities since their water temperatures and water levels tend to be more
stable.
(b) Wetland vegetation also reduces the energy of waves, currents, and other erosive forces
and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food,
shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation
and education resources.
(c) The city has also found that wetlands vary significantly in the degree that they have
been altered. Wetlands within the city exhibit great variations in their floral variety, quality of wildlife
and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have
been altered or eroded, and their relative value in protecting water quality. Therefore, the city has
determined that it is necessary and beneficial to classify wetlands based upon their functions and values.
The city has also found that it is in the best interest of the general health and welfare of the city to
achieve no net loss of wetlands within the community.
(d) The city recognizes that a substantial amount of wetland degradation results from
sedimentation and nutrient loading related to construction projects. Therefore, the city finds it necessary
to require extraordinary measures to prevent such construction related degradation.
(e) In addition to having regulations that affect the physical impacts within wetland areas
the city also finds that it is necessary to regulate the use of lands surrounding wetlands. Wetland buffer
strips (as defined in § 153.012), are necessary and beneficial to maintaining the health of wetlands. These
strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter
sediment, chemicals and other nutrients before stormwater discharges into the wetland. Buffer strips are
also beneficial in providing habitat for wildlife.
(f) This section hereby incorporates by reference the Wetlands Conservation Act of 1991
[M.S. §§ 103G.221 et seq., as it may be amended from time to time, (herein after referred to as the
WCA)] and any future amendments adopted by the legislature. Any activities exempted from the
provisions of the WCA are also exempted from the requirements of this section, insofar as they relate
to the WCA. All wetlands, as defined in § 153.012, including those governed by the Department of
Natural Resources, are covered by the other provisions of this chapter. Also, there are circumstances
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under which the strict enforcement of these regulations may be unreasonable and in circumstances that
meet the criteria established in § 153.028(C), departures from the strict application of these standards
may be permitted.
(g) It is the intent of § 153.046(C)(2) to avoid the alteration and destruction of wetlands.
When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values
of the lost wetland.
(2) Purpose and implementation.
(a) Through the adoption and enforcement of this section, the city shall promote the
general health, safety, and welfare of its residents by both conserving and protecting wetlands and
requiring sound management practices and mitigation as provided for in the WCA when development
occurs in the vicinity of wetlands. Through the implementation of this section, the city seeks to
accomplish the following purposes:
1. To satisfy the requirements of the WCA as it may be amended and, thereby
achieve no net loss of wetlands within the city;
2. To balance the needs to preserve and protect natural resources and systems with
both the rights of private property owners and the need to support the efficient use of developable land
within the city;
3. To preserve the natural character of the landscape through the maintenance of
wetland ecosystems;
4. To promote water quality by maintaining the ability of wetlands to recharge ground
water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip
nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding
the contamination and eutrophication of these water features; and
5. To provide wildlife habitat and thereby support the maintenance of variety of both
plant and animal species within the city.
(b) To accomplish these purposes, the city will:
1. Maintain an inventory of all wetlands within the city;
2. Maintain a system of classification for wetlands within the city and classify the
city's wetlands based upon their relative values related to floral variety, wildlife habitat, water quality
protection, fishery habitat, flood storage, shoreline protection, and aesthetic, recreational and education
benefits.
3. Prepare and maintain a comprehensive set of official maps identifying the location
and classification of all wetlands within the city.
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4. Establish wetland regulations that are coordinated with floodplain and shoreland
protection regulations.
5. Require sound management practices to protect, conserve, maintain, enhance, and
improve the quality of wetlands within the community.
6. Enforce standards for the alteration of wetlands when alteration is allowed,
including standards and procedures for the mitigation of the loss of wetland areas and their functions and
values, when alteration or destruction occurs.
7. Obtain protective easements over or acquire fee title to wetlands as appropriate.
8. Develop and maintain a program to educate the public about the numerous benefits
and features that wetlands provide and the adverse effects of improperly managed urban development
on wetlands.
(3) General provisions.
(a) Identification and delineation of wetlands.
1. This section shall apply to all land containing wetlands and land within the setback
and buffer areas required by this section. Wetlands shall be subject to the requirements established
herein, as well as restrictions and requirements established by other applicable federal, state, and city
ordinances and regulations. These wetland protection regulations shall not be construed to allow anything
otherwise prohibited in the zoning district where the wetland area is located.
2. A wetland island that meets the definition of "wetlands" asset forth in § 153.012.
Wetlands shall be determined according to the United States Army Corps of Engineers Wetland
Delineation Manual (January 1987) and regional supplements if available. Wetlands have been or will
be identified and the wetland classification as established by the officially adopted city maps shall be
prima facie evidence of the location and classification of a wetland. The official maps shall be developed
and maintained by the Community Development Department and are open to inspection by the public.
The presence or absence of a wetland on the official maps does not represent a definitive determination
as to whether a wetland covered by this section is or is not present. Wetlands that are identified during
site specific delineation activities but do not appear on the official wetland maps are still subject to the
provisions of the section. It will be the responsibility of an applicant to delineate the exact wetland
boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed
and approved by the city. If an applicant questions whether a wetland exists or disputes its classification,
the applicant shall have the burden to supply detailed information for review supporting the applicant's
assertion, including but not limited to, topographic, hydrologic, floristic and soil data deemed necessary
by the city to determine the jurisdictional status of the wetland, its exact boundary and its classification.
Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland
delineators must satisfy any certification requirements that may be established by the U.S. Army Corps
of Engineers or the Minnesota Board of Water and Soil Resources.
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3. Only that portion of a property within the boundaries of a wetland shall be subject
to the provisions of this section.
4. This section establishes four wetland classifications as defined in § 153.012:
exceptional quality, high quality, medium quality, and low quality.
(4) General standards. The following standards apply to all lands containing or abutting a
wetland:
(a) Septic and soil absorption systems must be set back a minimum of 75 feet from the city
approved boundary of the wetland.
(b) The lowest ground floor elevation of a structure shall be two feet above the 100 -year
flood elevation, three feet above the ordinary high water mark, or three feet above the highest known
water level, whichever is greater, of public waters regulated by § 153.046(D) and § 153.046(E),
whichever is greater.
(c) Structures intended to provide access across a wetland shall be prohibited unless a
permit is obtained in conformance with state regulations.
(d) The MPCA's Best Management Practices and Minnesota Storm Water Manual, as
applicable, shall be followed to avoid erosion and sedimentation during the construction process.
(e) City inspection schedules and fines for erosion control will double on projects abutting
wetlands.
(f) Before the city issues a building permit for a lot with a required wetland buffer, the
lot owner shall:
1. Record a notice of the wetland buffer requirement against the title to the lot with
the office of the Wright County Recorder or Registrar of Titles; and
2. Install the wetland monumentation required by § 153.046(C)(4)(f).
(g) In cases where a site is not subject to the wetland buffer strips and setbacks required
by § 153.046(C)(4)(e), buildings, swimming pools, patios, decks, drive aisles, and parking lots shall be
set back not less than 15 feet from a wetland edge.
(5) Wetland buffer strips and setbacks.
(a) For lots of record created after effective date of this chapter as denoted in § 153.004,
a buffer strip shall be maintained abutting all wetlands. The setback and buffer provisions of
§ 153.046(C)(4) shall not apply to lots of record created before the effective date of this chapter. The
city does however; strongly encourage the use of a wetland buffer and setback on all lots in the city.
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276 Monticello - Land Usage
(b) Wetland buffer strips and structure setbacks shall apply to all parcels of land whether
or not the wetland is on the same parcel as a proposed development.
(c) Buffer strip vegetation shall be established and maintained in accordance with the
requirements of this section. Buffer strips shall be identified within each lot by permanent
monumentation approved by the city.
(d) For roadways that must be aligned either adjacent to or across wetlands and are subject
to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be
required. Trails that are intended to serve an interpretive function may also be exempted from the buffer
requirement. All other roadways and trails shall meet the buffer standards established in division (h)
below.
(e) If the area of the buffer has a preconstruction slope of 12 % or greater, the buffer shall
be at the applicable maximum width for the wetland classification. The use of a meandering buffer strip
to maintain a natural appearance is encouraged but not required in areas of flat topography.
(f) The required structure setback shall apply to all structures, except that such structure
setback shall not apply to roadways and trails and their related retaining walls and fences.
(g) Wetland buffer strips not required by this section may be voluntarily created in
conformance with the requirements of this section concurrent with approval of a site plan, or in the
absence of a site plan, upon approval of an administrative permit.
(h) Pursuant to the regulations of this section, the following dimensional requirements shall
apply for wetland buffers and setbacks:
TABLE 3-19: WETLAND BUFFER AND SETBACKS FOR EXISTING WETLANDS, IMPACTED
WETLANDS, AND MITIGATED WETLANDS
Exceptional
High
Medium
Low
Wetland buffer width
50 ft.
40 ft.
10 ft.
10 ft.
(minimum)
Wetland buffer width
100 ft.
60 ft.
50 ft.
50 ft.
(maximum) [ 1 ]
Wetland buffer
75 ft.
50 ft.
30 ft.
25 ft.
average width
Structure setback
15 ft.
15 ft.
15 ft.
15 ft.
(from buffer) [2]
Total (average)
90 ft.
65 ft.
45 ft.
40 ft.
[1]: Buffer widths in excess of the listed maximums shall not be used in calculating the average buffer width.
[2]: These setbacks shall take precedence over other setbacks required in this chapter.
2022S-3
Zoning
Figure 3-4: Example of Buffer and Setback
Applied to a High Qualin- Wetland
Lot Line
15' Rear Setback
M
L.^.,,�.�.�■ter
High QuatityWetland
BuildingAr+ea 54' Buffer
277
(6) Monument required. A permanent wetland buffer monument shall be installed and
maintained at each lot line where it crosses a wetland buffer, and where needed to indicate the contour
of the buffer, with a maximum spacing of 200 feet of wetland edge.
(7) Buffer strip vegetation performance standards.
(a) Where acceptable natural vegetation exists in buffer strip areas, such vegetation shall
be retained. A buffer strip has acceptable natural vegetation if it:
1. Has a continuous, dense layer of perennial grasses that have been uncultivated or
unbroken for at least five consecutive years, or
2. Has an overstory of trees or shrubs with at least 80% canopy closure that have
been uncultivated or unbroken for at least five consecutive years, or
3. Contains a mixture of the plant communities described in 1. and 2. above, that
have been uncultivated or unbroken for at least five consecutive years.
(b) Notwithstanding the performance standards outlined in division (7)(a) above, the city
may determine existing buffer vegetation to be unacceptable if:
1. It is composed of undesirable plant species (including but not limited to reed
canary grass, common buckthorn, purple loosestrife, leafy spurge or noxious weeds), or
2. It is lacking a layer of organic thatch or duff, or
3. Has topography that tends to channelize the flow of surface runoff, or
4. For some other reason it is unlikely to retain nutrients and sediment.
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278 Monticello - Land Usage
(c) Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or
otherwise disturbed within five years of the permit application, such areas shall be re -planted and
maintained according to each of the following standards:
1. The soil in wetland buffer strips shall be amended, as necessary, to ensure that the
soil has an organic content of not less than 10 % and not more than 35 %.
2. Buffer zones shall be planted with a Board of Water and Soil Resources (BWSR)
approved seed mix containing 100 % perennial native plant species, except for a one-time planting of an
annual nurse or cover crop such as oats or rye.
3. The seed mix to be used shall consist of at least 12 pounds pure live seed (PLS)
per acre of native prairie grass seed and five pounds PLS per acre of native forbs. Native prairie grass
and native forb mixes shall contain no fewer than four and five species, respectively.
4. The annual nurse or cover crop shall be applied at a rate of 20 pounds per acre.
5. Native shrubs maybe substituted for forbs. Such shrubs maybe bare root seedlings
and shall be planted at a rate of 60 plants per acre. Shrubs shall be distributed so as to provide a natural
appearance and shall not be planted in rows.
6. Any ground cover or shrub plantings installed in buffer areas are independent of
landscaping requirements set forth elsewhere in the City Code and city policy.
7. Native prairie grasses and forbs shall be planted by a qualified contractor using
a drill designed for native prairie grass seedings, such as a Truax or Nesbitt Native Grass Drill or a John
Deere 1550 Power -Till Seeder.
8. No fertilizer shall be used in establishing new buffer zones, except on highly
disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to
amounts indicated by an accredited soil testing laboratory.
9. All seeded areas shall have a two-inch thick application of compost (Mn/DOT
Grade 1 Section 3890) or be mulched immediately with clean straw at a rate of one and one-half tons per
acre. Mulch shall be anchored with a disk or tackifier.
10. Buffer zones (both natural and created), shall be protected by silt fence during
construction and the fence shall remain in place until the area crop is established.
11. Applicants may obtain from the city a set of standard seeding and planting
specifications for buffer zones which meet all the city requirements.
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Zoning 279
(d) During the first five years after initial planting, the developer shall submit to the city
an annual report documenting the progress for establishment of the buffer. The report shall include a map
of the buffer location, a description of compliance with the performance standards, a description of
activities completed within the past year, a description of activities planned for the upcoming year, a map
of plant communities within the buffer boundary including square footage estimates of the areas of native
plantings and invasive or non-native vegetation, and other information as may be requested by the City
of Monticello. Until such time as the buffer is accepted by the city, the developer shall be required to
replant any buffer vegetation that does not survive. After the city has accepted the buffer, if the condition
of the buffer area changes through natural processes not caused by the property owner, the owner shall
not be required to re-establish the buffer area to meet the standards established in this subdivision.
(8) Encroachment in required setback and buffer areas.
(a) Patios and decks may encroach up to a maximum of six feet into required structure
setback areas. Porches may not encroach into required structure setback areas. Any fence or retaining
wall located within the required structure setback area shall be designed and constructed so as to not
obstruct the flow of stormwater.
(b) Water quality ponds may encroach into required wetland buffer areas, provided that
the amount of buffer encroached upon does not exceed 50 % of the total area required for such ponding,
and provided that the amount of buffer encroached upon does not exceed 50% of the total area required
for buffering. These limitations may be exceeded where two -cell water quality ponding is utilized.
(c) Wetlands and required wetland buffer areas must be kept free of all structures and
features, including fences and play equipment.
(d) Wetlands and required wetland buffer areas shall not be used for outside storage of
household or personal items, lawn equipment, furniture, firewood, parts, yard waste, and the like.
(9) Variances.
(a) Requests for variances shall be made in accordance with the procedures and
requirements set forth in § 153.028(C).
(b) Variances shall only be granted when the standards and criteria set forth in
§ 153.028(C) have been met. Variances shall not be granted which would circumvent the intent and
purposes of § 153.046(C)(4).
(0) Wild and Scenic Recreational River District.
(1) Purpose. The purpose of this district is to protect and preserve the scenic, recreational,
natural and historical values of the Mississippi River in the city by carefully controlling development of
this river corridor consistent with the state Wild and Scenic River Act (M.S. §§ 103F.301 et seq., as
they may be amended from time to time) and Minn. Rules 6105.0010 to 6105.0070; 6105.0150 to
6105.0250; and as applicable, the provision of 6120.2600 to 6120.3900.
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280 Monticello - Land Usage
(2) Designation of district. In order to preserve and protect the Mississippi River and its
adjacent land which possess scenic, recreational, natural and historical values, the Mississippi River in
the city has been given a recreational river classification, and lands adjacent to the river are hereby
designated by land use districts, the boundaries of which are based upon the Mississippi River
Management Plan, Minn. Rules 6105.0800--6105.0960. The provisions of § 153.046(E) shall apply to
all lands within the jurisdiction of Monticello that are denoted on the official zoning map as being within
the Wild and Scenic Recreational River overlay district. In case of conflict between the map and the
property descriptions and boundaries in Minn. Rules 6105.0910 and 6105.0950, the latter shall prevail.
(3) District application. The regulations and requirements imposed by the WSRR overlay
district shall be in addition to those established for the base zoning districts which jointly apply. Under
the joint application of standards, the more restrictive requirements shall apply. Any person
contemplating development in the WSRR overlay district should review the base district requirements
with the Community Development Department to determine which regulations will apply.
(4) Substandard lots. Any lot of record filed in the office of the county recorder on or before
July 1, 2000, which does not meet the dimensional requirements of this chapter may be allowed as a
building site subject to the following:
(a) Such use is permitted in the land use district.
(b) The lot was in separate ownership on the date of enactment of the ordinance from
which this chapter is derived.
are met.
(c) All sewage disposal and sewage setback requirements of the shoreland overlay district
(d) The lot is at least 10,000 square feet in area.
(e) If in a group of two or more contiguous lots under a single ownership, any individual
lot does not meet the lot width requirements of the local regulation, such individual lot cannot be
considered as a separate parcel of land for purposes of sale or development, but must be combined with
adjacent lots under the same ownership so that the combination of lots will equal one or more parcels
of land, each meeting lot width requirements.
(5) Substandard uses. Any uses in existence on a lot of record filed in the office of the county
recorder on or before July 1, 2000, which are permitted uses in accordance with §§ 153.090 through
153.093, but do not meet minimum setbacks or other dimensional requirements of the ordinance are to
be considered as substandard uses. All substandard uses, except for substandard signs, shall be allowed
to continue subject to the following conditions and exceptions:
(a) Any structural alteration or addition to a substandard use which will increase the
substandard dimension(s) shall not be allowed.
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Zoning 281
(b) Substandard signs shall be gradually amortized over a period of time not to exceed five
years once amortization has been initiated by the city.
(6) Allowable uses. The allowable uses in the WSRR overlay district shall be as allowed in
§§ 153.090 through 153.093 for the underlying zoning classification provided the uses are in
conformance with the criteria for Urban River Class Standards in Minn. Rules 6120.3000, 6120.3100
and 6120.3200; and with the criteria for recreational rivers in 6105.0100 subpart 3.
(7) Conditional uses.
(a) Conditional uses allowable within the WSRR overlay district shall be reviewed under
the provisions outlined in § 153.028(D), and interim use permits for uses or structures within WSRR
overlay district shall be reviewed under the provisions outlined in § 153.028(E).
(b) Any structure(s) associated with a conditional use which are proposed to be located
upon steep slopes greater than 12% shall adhere to the following conditions:
1. The structure, in a manner judged acceptable by the city, shall be screened from
view of the river and adjacent shorelands as much as possible assuming summer, leaf -on conditions.
the site.
2. An adequate conforming sanitary sewer and water system can be established on
3. All provisions of § 153.069 are adhered to as part of the conditional use permit.
(8) Recreational river land use subdistricts - standards, lot dimensions, setbacks, and
impervious surface requirements.
(a) Areas covered. The following areas of the city are covered by this division: all areas
of the wild and scenic recreational river district within the city.
(b) Standards for lots. Lots within the WSRR overlay district shall conform to the
standards in Table 3-20. Where these standards conflict with the standards of the base zoning districts,
the more restrictive standard shall prevail.
TABLE 3-20: WILD AND SCENIC LOT REQUIREMENTS
River Type
Lot Size
Lot Width [I]
Wild
6 acres
300 feet
Scenic
4 acres
250 feet
Recreational
2 acres
200 feet
[11: Lot width shall be met at both the OHW and at the required setback from the OHW in accordance with
§ 153.010(B)(1)(i).
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282 Monticello - Land Usage
(c) Standards for principal structures. Principal structures within the WSRR overlay
district shall conform to the standards in Table 3-21. Where these standards conflict with the standards
of the base zoning districts, the more restrictive standard shall prevail.
TABLE 3-21: WILD AND SCENIC PRINCIPAL STRUCTURE SETBACKS
Front yard setback and setback from rights-of-way or roadway easements (setbacks must be met from all roads when a
lot is bounded by two or more roadways)
Arterial road
30 feet
75 feet
Collector road
30 feet
30 feet
Local road
30 feet
Landlocked parcel
30 feet
Unsewered
Sewered
Side yard setbacks
30 feet
10 feet
Rear yard setbacks
50 feet
30 feet
Setback from the OHW of the Mississippi
River
150 feet
100 feet
Setback from a bluff line
75 feet
75 feet
Sewer setback from the OWH
75 feet
75 feet
(d) Accessory structure setbacks. Accessory structures within the WSRR overlay district
shall conform to the standards in Table 3-22. Where these standards conflict with the standards of the
base zoning districts, the more restrictive standard shall prevail.
TABLE 3-22: WILD AND SCENIC ACCESSORY STRUCTURE SETBACKS
Unsewered
Sewered
Setback from the OHW of the Mississippi River
75 feet
50 feet
Setback from a bluff line
30 feet
30 feet
(e) Impervious surface requirements.
1. Impervious surfaces on lots within the WSRR overlay district shall adhere to the
following standards:
a. Impervious surface coverage of lots must not exceed 25 % of the lot area.
b. When constructed facilities are used for stormwater management, they must
be designed and installed consistent with the field office technical guide of the local soil and water
conservation districts.
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Zoning 283
c. New constructed stormwater outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris before discharge.
2. The provisions of division 1. above may be varied without a variance if all of the
following criteria and standards are met:
a. All structures and impervious surfaces are located on slopes less than 12%.
The physical alteration of slopes shall not be permitted for the purpose of overcoming this limitation.
b. The site development is designed, implemented, and maintained using the most
applicable combination of comprehensive practices that prevent flooding, pollutant, erosion and
sedimentation problems consistent with Protecting Water Quality in Urban Areas: Best Management
Practices for Minnesota, Minnesota Pollution Control Agency, October 1989, or as amended, which is
incorporated by reference, available at the state law library and not subject to frequent change.
c. A site development, maintenance, and inspection plan incorporating the
comprehensive practices of this section is submitted and approved by the city prior to the issuance of an
impervious surfacing permit and the plan is implemented.
d. The city may impose additional conditions determined necessary to protect
the public health, safety, and welfare.
(9) Building height. The following minimum requirements shall be observed in the WSRR
overlay district:
(a) The maximum height of principal structures shall not exceed 35 feet, except that the
maximum height for principal structures shall not exceed 25 feet when such structure is subject to the
requirements of the Shoreland Overlay District, in which case the requirements of the Shoreland District
shall apply.
(b) The maximum height of accessory structures shall not exceed 25 feet.
(10) Additional structure and use standards.
(a) Placement of structures. Structures shall not be located on slopes greater than 12%
except by conditional use permit as provided for in § 153.046(D)(7).
(b) Maximum density. The maximum density in the WSRR overlay district shall not exceed
one dwelling unit per lot.
(c) Multiple unit dwelling structures. Multiple -family dwelling units shall meet the
following additional standards:
1. Each building must be set back at least 200 feet from the ordinary high water level;
2022S-3
284 Monticello - Land Usage
2. Each building must have common sewage treatment and water systems in one
location and serve all dwelling units in the building; and
3. Watercraft docking facilities for each lot must be centralized in one location and
serve all dwelling units in the building (i.e. only one docking facility per lot).
(d) Stormwater management. Subject to other more restrictive limitations which may be
imposed by this chapter, the following general and specific standards shall apply:
1. General standards.
a. When possible, existing natural drainageways, wetlands, and vegetated soil
surfaces shall be used to convey, store, filter, and retain stormwater runoff before discharge to public
waters.
b. Development shall be planned and conducted in a manner that will minimize
the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to
retain sediment on the site.
c. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices,
dikes, waterways, and ponds may be used. Preference shall be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and manmade materials and facilities.
2. Specific standards.
a. When constructed facilities are used for stormwater management,
documentation shall be provided by a qualified individual that they are designed and installed consistent
with the field office technical guide of the local soil and water conservation districts.
b. New constructed stormwater outfalls to public waters shall provide for
filtering or settling of suspended solids and skimming of surface debris before discharge.
forestry.
(e) Special provisions for commercial, industrial, public/semipublic, agricultural, and
1. Standards for commercial, industrial, public, and semipublic uses.
a. Surface water -oriented commercial uses and industrial, public, or semipublic
uses with similar needs for access to and use of public waters may be located on parcels or lots with
frontage on public waters. Subject to other more restrictive limitations which may be imposed by this
chapter, those uses with water -oriented needs shall meet the following standards:
2022S-3
Zoning 285
(i) In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this chapter, the uses shall be designed to incorporate topographic and vegetative
screening of parking areas and structures;
(ii) Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size
necessary to meet the need; and
(iii) Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the following general standards:
A. No advertising signs or supporting facilities for signs may be placed
in or upon public waters. Signs conveying information or safety messages may be placed in or on public
waters by a public authority or under a permit issued by the county sheriff.
B. Signs may be placed, when necessary, within the shore impact zone
if they are designed and sized to be the minimum necessary to convey needed information. They shall
only convey the location and name of the establishment and the general types of goods or services
available. The signs shall not contain other detailed information such as product brands and prices, shall
not be located higher than ten feet above the ground, and shall not exceed 32 square feet in size. If
illuminated by artificial lights, the lights shall be shielded or directed to prevent illumination out across
public waters; and
C. Other outside lighting may be located within the shore impact zone
or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out across public waters. This does not preclude use of
navigational lights.
b. Uses without water -oriented needs must be located on lots or parcels without
public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set
back double the normal ordinary high water level setback or be substantially screened from view from
the water by vegetation or topography, assuming summer, leaf -on conditions.
2. Agriculture use standards.
a. General cultivation farming, grazing, nurseries, horticulture, truck farming,
sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones
are maintained in permanent vegetation or operated under an approved conservation plan (resource
management systems) consistent with the field office technical guides of the local soil and water
conservation districts or the natural resources conservation service, as provided by a qualified individual
or agency.
(i) The shore impact zone for parcels with permitted agricultural land uses
is equal to a line parallel to and 50 feet from the ordinary high water level.
2022S-3
286 Monticello - Land Usage
from a bluff line.
following standards:
(ii) The bluff impact zone is equal to the bluff and land located within 20 feet
b. Animal feedlots shall meet the requirements of this chapter, as well as the
(i) New feedlots shall not be located in the WSRR overlay district; and
(ii) Modifications or expansions to existing feedlots that are located within
300 feet of the ordinary high water level or within the bluff impact zone are allowed if they do not
further encroach into the existing ordinary high water level setback or encroach on bluff impact zones.
c. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay
district shall be done in such a way as to minimize impact on the shore impact zone or public water by
proper application or use of earth or vegetation.
3. Forest management standard.
a. The harvesting of timber and associated reforestation must be conducted
consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment --Forestry and the
provisions of Water Quality in Forest Management --Best Management Practices in Minnesota.
b. Use of fertilizer, pesticides, or animal wastes within the WSRR overlay
district shall be done in such a way as to minimize impact on the shore impact zone or public water by
proper application or use of earth or vegetation.
4. Extractive use standards.
a. Site development and restoration plan. An extractive use site development and
restoration plan shall be developed, approved, and followed over the course of operation of the site. The
plan shall address dust, noise, possible pollutant discharges, hours and duration of operation, and
anticipated vegetation and topographic alterations. It must also identify actions to be taken during
operation to mitigate adverse environmental impacts, particularly erosion, and shall clearly explain how
the site will be rehabilitated after extractive activities end.
b. Setbacks for processing machinery. Processing machinery shall be located
consistent with setback standards for structures from the ordinary high water level and from blufflines.
(11) Vegetative cutting. Selective cutting of trees in excess of four inches in diameter at four
feet height within the WSRR overlay district and within 100 feet of the ordinary high water level and
20 feet landward of the bluffline shall be subject to the following:
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Zoning 287
(a) Clearcutting, except for any authorized public services such as roads and essential
services, shall not be permitted. Clearcutting for essential services, such as telephone lines, substations,
and related structures, shall require a special permit issued by the City Council in accordance with
§ 153.028(N).
(b) Cutting is spaced in several cutting operations and a continuous tree cover is
maintained, uninterrupted by large openings. In cases where the existing tree cover has been interrupted
by large openings in the past, selective cutting may be performed so as to maintain a continuous tree
cover in the remaining wooded areas.
(c) The above cutting provisions shall not be deemed to prevent:
1. The removal of diseased or insect -infested trees, or of rotten or damaged trees that
present safety hazards.
2. Pruning understory vegetation, shrubs, plants, bushes, or grasses, or harvesting
crops, or cutting suppressed trees or trees less than four inches in diameter at four -foot height.
(d) Except in cases where vegetative cutting has been approved as part of a subdivision
or other development, any person proposing vegetative cutting shall apply to the city for a vegetative
cutting permit. Application forms for the permit shall be provided by the Community Development
Department and require the following information:
Name and address of applicant.
2. The name and address of the owner of the land.
3. The address and legal description of the land involved.
4. The purpose of the vegetative cutting.
5. A description of the type and amount of vegetation to be cut.
6. The highway, street, or streets, or other public ways in the city upon and along
which any material is to be hauled or carried.
7. An estimate of the time required to complete the vegetative cutting.
8. A site plan showing the proposed cutting area.
9. A plan or statement demonstrating that the activity will in no way jeopardize the
public health, safety and welfare.
10. A statement that the applicant will comply with all conditions prescribed by the
city.
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288 Monticello - Land Usage
(12) Clearcutting restrictions. Clearcutting within the WSRR overlay district shall be subject
to the following standards and criteria:
(a) Clearcutting shall not be used as a cutting method where soil, slope, or other watershed
conditions are fragile and subject to injury.
(b) Clearcutting shall be conducted only where clearcut blocks, patches, or strips are, in
all cases, shaped and blended with the natural terrain.
(c) The size of clearcut blocks, patches, or strips shall be kept at the minimum necessary.
(d) Where feasible, all clearcuts shall be conducted between September 15 and May 15.
If natural regeneration will not result in adequate vegetative cover, areas in which clearcutting is
conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where
feasible, replanting shall be performed in the same spring or the following spring.
(e) Except in cases where clearcutting has been approved as part of a subdivision or other
development, any person proposing clearcutting shall apply to the city for a clearcutting permit.
Application forms for the permit shall be provided by the Community Development Department and
require the following information:
Name and address of applicant.
2. The name and address of the owner of the land.
3. The address and legal description of the land involved.
4. The purpose of the clearcutting.
5. A description of the type and amount of clearcutting to be conducted.
6. The highway, street, or streets, or other public ways in the city upon and along
which any material is to be hauled or carried.
7. An estimate of the time required to complete the vegetative cutting.
8. A site plan showing the proposed cutting area.
9. A plan or statement demonstrating that the activity will in no way jeopardize the
public health, safety and welfare.
10. A statement that the applicant will comply with all conditions prescribed by the
city.
2022S-3
Zoning 289
(13) Grading and filling. Any grading and filling conducted within the WSRR overlay district
shall require a permit and shall comply with the following:
(a) The provisions of § 153.028(N) are satisfactorily met.
(b) Grading and filling of the natural topography which is not accessory to a permitted or
conditional use shall not be allowed.
(c) Grading and filling of the natural topography which is accessory to a permitted or
conditional use shall not be conducted without a grading and filling permit from the zoning authority.
(d) Grading and filling of the natural topography which is accessory to a permitted or
conditional use shall be performed in a manner which minimizes earth moving, erosion, tree clearing
and the destruction of natural amenities.
(e) Grading and filling of the natural topography shall also meet the following standards:
as sod is planted.
1. The smallest amount of bare ground is exposed for as short a time as feasible.
2. Temporary ground cover such as mulch is used and permanent ground cover such
3. Methods to prevent erosion and to trap sediment are employed.
(f) Excavation of material from, or filling in the river, or construction of any permanent
structures or navigational obstructions therein is prohibited, unless authorized by a permit from the
Commissioner of the Department of Natural Resources pursuant to M.S. § 103G.245, as it may be
amended from time to time.
(g) Draining or filling of wetlands as defined by this chapter shall be expressly prohibited.
(14) Utility transmission lines. All utility transmission crossings of land within the WSRR
overlay district shall require a conditional use permit. The construction of such transmission services
shall be subject to the standards and criteria of Minn. Rules 6105.0170 and 6105.0180.
(15) Public roads. In addition to such permits as may be required by M.S. § 103G.245, as it
may be amended from time to time, a conditional use permit shall be required for any construction or
reconstruction of new public roads within the WSRR overlay district. Such construction or reconstruction
shall be subject to the standards and criteria of Minn. Rules 6105.0190 and 6105.0200. A conditional
use permit shall not be required for marginal access streets which are intended to serve primarily as an
access to abutting properties.
(16) Land suitability. No land shall be subdivided which is determined by the city or the
Commissioner of the Department of Natural Resources to be unsuitable by reason of flooding, inadequate
drainage, soil and rock formation with severe limitations for development, severe erosion potential,
2022S-3
290 Monticello - Land Usage
unfavorable topography, inadequate water supply or sewage treatment capabilities or any other feature
likely to be harmful to the health, safety, or welfare of the future residents of the proposed subdivision
or the city.
(17) Nonconforming use. All uses in existence prior to July 1, 2000, which are lawfully
permitted uses within the wild and scenic recreational river district, but do not meet the minimum lot
area, setbacks or other dimensional requirements of this chapter shall be allowed to continue subject to
the following conditions and exceptions:
(a) Any structural alteration or addition to a nonconforming use which will increase the
substandard dimensions shall not be allowed.
(b) Substandard signs shall be gradually eliminated over a period of time not to exceed five
years from the date of enactment or amendment of this division.
(18) Sewage treatment.
(a) Public system required. Publicly owned sewer systems must be used.
(b) Nonconforming sewage treatment systems. A nonconforming sewage treatment system
not meeting the requirements of applicable rules of the state Department of Health, the state pollution
control agency, specifically Minn Rules Ch. 7080, for individual sewage treatment systems, and any
other applicable local government standards shall be brought into conformity or discontinued within five
years of the date of enactment of the Wild and Scenic Recreational River District Ordinance from which
this division is derived.
(19) Water supply. Any public or private supply of water for domestic purposes must meet or
exceed standards for water quality of the state Department of Health and the state pollution control
agency and administrative procedures of this chapter. Private wells must be located, maintained, and
sealed in accordance with or in a more thorough manner than the water well construction code of the
state Department of Health.
(20) Plats. Copies of all plats within the Wild and Scenic Recreational River District shall be
forwarded to the Commissioner of the Department of Natural Resources within ten days of approval by
the city. Approval of a plat which is inconsistent with this division is permissible only if the detrimental
impact of the inconsistency is more than overcome by other protective characteristics.
(21) Planned unit development. A planned unit development may be allowed per the
requirements of § 153.028(0) only when the proposed development provides a better means of
preserving agricultural land, open space, woods, scenic views, wetlands, and other features of the natural
environment than traditional subdivision development. Planned unit developments shall be reviewed
under the provisions outlined in § 153.028(0), with the following additional criteria:
(a) Preliminary plans are approved by the Commissioner of the Department of Natural
Resources prior to their enactment by the City Council.
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(b) A publicly owned sewer systems is used.
291
(c) Open space is permanently preserved. This may be accomplished through the use of
restrictive deed covenants, public dedications, granting of scenic easements, or other equally effective
and permanent methods.
(d) There is not more than one centralized boat launching facility for each cluster of
homes.
(e) The only uses that shall be allowed within the development are those allowed under
§ 153.028(0) and the underlying zoning district.
(f) Under the joint application of standards, the more restrictive provisions of this chapter
shall apply.
(22) Variances.
(a) Variances shall be reviewed under the provisions outlined in § 153.028(C) with the
following additional variance criteria:
1. Granting of the variance is not contrary to the purpose and intent of this section
and is consistent with Minn. Rules 6105.0010--6105.0250 and 6105.0800--6105.0960.
2. Granting of the variance will not allow any use which is neither a permitted or
conditional use in the land use district in which the subject property is located.
(b) Exception: Where a setback pattern from the ordinary high water level has already been
established on both sides of a proposed building site, the setback of the proposed structure may be
allowed to conform to that pattern. This provision shall apply only to lots which do not meet the
applicable minimum lot width requirement.
(c) Appeals from variance decisions on shoreland issues may be made in accordance with
the provisions of § 153.028(H) and also Minnesota Statutes.
District.
(23) Notice to the DNR of proposed actions within the Wild and Scenic Recreational River
(a) Notification of proposals.
1. For properties within the Wild and Scenic Recreational River District, the
Community Development Department shall notify the Commissioner of the Department of Natural
Resources of any application for a variance, ordinance amendment (including proposed changes to
district lines), conditional use permits, PUDs, or plats inconsistent with the ordinance.
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2. Notifications for ordinance changes and PUDs shall consist of a copy of the
proposed ordinance amendment(s), a copy of the proposed PUD, and all other application materials as
may be needed by the Commissioner of the Department of Natural Resources or the commissioner's
designated representative to fully understand the proposal.
3. Notifications for variances, plats or CUPs may consist simply of the notice of the
applicable public hearing, or if a public hearing is not required, a copy of application materials as may
be needed by the Commissioner of the Department of Natural Resources to fully understand the proposal.
4. Notification shall be sent so as to be received by the Commissioner of the
Department of Natural Resources at least 30 days prior to the planned hearing or meeting to consider
the requested action.
(b) Notification of final decision. The Community Development Department shall notify
the Commissioner of the Department of Natural Resources of the city's final decision on the proposed
action within ten days of the decision.
(c) Effective date of decision.
1. Decisions on variances, plats or CUPs become effective upon completion of the
applicable review process at the city level.
2. Decisions on PUDs and ordinance amendments within or affecting the Wild and
Scenic Recreational River District become effective upon the happening of any of the following events,
whichever first occurs:
a. The final decision taken by the city has previously received certification of
approval from the Commissioner of the Department of Natural Resources.
b. The city receives certification of approval from the Commissioner of the
Department of Natural Resources after its final decision.
c. Thirty days have elapsed from the day the Commissioner of the Department
of Natural Resources received notice of the final decision, and the city has received from the
Commissioner neither certification of approval nor notice of non -approval.
d. The Commissioner of the Department of Natural Resources certifies his
approval within 30 days after conducting a public hearing.
(d) Hearing after non -approval. In case the Commissioner of the Department of Natural
Resources gives notice of a PUD or proposed ordinance amendment, either the applicant or Community
Development Department may, within 30 days of said notice, file with the Commissioner a demand for
a hearing. If the demand for a hearing is not made within 30 days, the notice of non -approval becomes
final.
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293
1. The hearing shall be held within 60 days of the demand and after at least two
weeks' published notice.
2. The hearing shall be conducted in accordance with M.S. § 103G.311, subds. 2,
6 and 7, as it may be amended from time to time.
3. The Commissioner of the Department of Natural Resources shall either certify his
approval or disapproval of the proposed action within 30 days of the hearing.
(P) Shoreland District.
(1) Statutory authorization and policy.
(a) Statutory authorization. This shoreland ordinance is adopted pursuant to the
authorization and policies contained in M.S. Chapter 103F, as it may be amended from time to time,
Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation
in M.S. Chapter 462, as it may be amended from time to time.
(b) Policy. The uncontrolled use of shorelands of the City of Monticello, Minnesota affects
the public health, safety, and general welfare not only by contributing to pollution of public waters, but
also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and
welfare to provide for the wise subdivision, use and development of shorelands of public waters. The
legislature of Minnesota has delegated responsibility to local governments of the state to regulate the
subdivision, use and development of the shorelands of public waters and thus preserve and enhance the
quality of surface waters, conserve the economic and natural environmental values of shorelands, and
provide for the wise use of waters and related land resources. This responsibility is hereby recognized
by the City of Monticello.
(2) General provisions.
(a) Jurisdiction.
1. The provisions of this chapter shall apply to the shorelands of the public water
bodies as classified in § 153.046(E)(4).
2. Shoreland shall include all land within 1,000 feet of the ordinary high water level
(OHWL) of a lake and 300 feet of a river and its designated floodplain as depicted on the City of
Monticello's Official Zoning Map.
3. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond,
or flowage less than ten acres in size in municipalities or 25 acres in size in unincorporated areas need
be regulated in a local government's shoreland regulations. A body of water created by a private user
where there was no previous shoreland may, at the discretion of the governing body, be exempt from
this chapter.
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(b) Compliance. The use of any shoreland of public waters; the size and shape of lots; the
use, size, type and location of structures on lots; the installation and maintenance of water supply and
waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland
vegetation; and the subdivision of land shall be in full compliance with the terms of this chapter and
other applicable regulations.
(c) Enforcement. The Community Development Department is responsible for the
administration and enforcement of this chapter. Any violation of the provisions of this chapter or failure
to comply with any of its requirements (including violations of conditions and safeguards established in
connection with grants of permits, variances or conditional uses) shall be subject to the remedies and
penalties outlined in § 153.999.
(d) Interpretation. In their interpretation and application, the provisions of this overlay
district shall be held to be minimum requirements and shall be liberally construed in favor of the city and
shall not be deemed a limitation or repeal of any other powers granted by state statutes.
(e) Abrogation and greater restrictions. It is not intended by this chapter to repeal,
abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter
imposes greater restrictions, the provisions of this chapter shall prevail.
(3) Administration.
(a) Permits required.
1. A permit is required for the construction of buildings or building additions
(including but not limited to related activities such as construction of decks or signs), the installation
and/or alteration of sewage treatment systems, and all grading and filling activities as required by this
chapter. Application for a permit shall be made to the Community Development Department pursuant
to the applicable regulations in §§ 153.025 through 153.028. The application shall include the necessary
information so that the Community Development Department can determine the site's suitability for the
intended use and that a compliant sewage treatment system will be provided.
2. A permit authorizing an addition to an existing structure shall stipulate that an
identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with
the provisions of this chapter.
(b) Determination of zoning compliance. The Community Development Department, in
reviewing a required permit, shall make a determination as to whether the proposal is compliant with
all provisions of § 153.046(F) Shoreland District. Any use, arrangement, or construction not authorized
by permit shall be deemed a violation of this chapter and shall be punishable as provided in § 153.999.
(c) Variances.
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1. Variances shall be reviewed under the provisions outlined in § 153.028(C) with
the following additional requirements:
a. No variance shall circumvent the general purposes and intent of the shoreland
overlay district.
b. No variance may be granted that would allow any use that is prohibited in the
zoning district in which the subject property is located.
c. The variance application must clearly demonstrate whether a conforming
sewage treatment system is present for the intended use of the property. The variance, if issued, must
require reconstruction of a nonconforming sewage treatment system.
2. A copy of the notice for the public hearing(s) to consider a variance must be sent
to the Commissioner of the Department of Natural Resources or the commissioner's designated
representative and postmarked at least ten days before the hearings.
3. A copy of all decisions granting variances to shoreland regulations shall be
forwarded by mail to the Commissioner of the Department of Natural Resources within ten days of such
action.
4. Appeals from variance decisions on shoreland issues may be made in accordance
with the provisions of § 153.028(H) and also Minnesota Statutes.
(d) Conditional uses. Conditional uses allowable within shoreland areas shall be reviewed
under the provisions outlined in § 153.028(D), and interim use permits for uses or structures within
shoreland areas shall be reviewed under the provisions outlined in § 153.028(E), with the following
additional requirements:
1. Evaluation criteria. A thorough evaluation of the waterbody and the topographic,
vegetation, and soils conditions on the site must be made to ensure:
a. The prevention of soil erosion or other possible pollution of public waters,
both during and after construction;
b. The visibility of structures and other facilities as viewed from public waters
is limited assuming summer, leaf -on conditions;
c. The site is adequate for water supply and on-site sewage treatment; and
d. The types, uses, and numbers of watercraft that the project will generate are
compatible in relation to the suitability of public waters to safely accommodate these watercraft.
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296 Monticello - Land Usage
2. Conditions attached to conditional use permits. The Community Development
Department, upon consideration of the criteria listed above and the purposes of this chapter, shall attach
such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes
of this chapter. Such conditions may include, but are not limited to, the following:
a. Increased setbacks from the ordinary high water level;
b. Limitations on the natural vegetation to be removed or the requirement that
additional vegetation be planted; and
c. Special provisions for the location, design, and use of structures, sewage
treatment systems, watercraft launching and docking areas, and vehicle parking areas.
3. Notification procedures.
a. A copy of the notice for the public hearing(s) to consider a conditional use
permit must be sent to the Commissioner of the Department of Natural Resources or the commissioner's
designated representative and postmarked at least ten days before the hearings.
b. A copy of all decisions granting a conditional use permit subject to shoreland
regulations shall be forwarded by mail to the Commissioner of the Department of Natural Resources
within ten days of such action.
(e) Proposed Shoreland District Amendments and PUDs.
1. Notification required. The Community Development Department shall submit to
the Commissioner of the Department of Natural Resources (or the commissioner's designated
representative), a copy of any application for a zoning amendment to § 153.046(E), or an application
for a planned unit development (PUD) within the shoreland district for certification. The materials shall
be sent so as to be received by the Commissioner at least 30 days prior to such hearing or meeting to
consider such action. The notice of application shall include a copy of the proposed ordinances or
amendment, or a copy of the proposed planned unit development along with a description of the request.
2. Notification of final decision. The Community Development Department shall
notify the Commissioner of the Department of Natural Resources of its final decision on the proposed
action within ten days of the decision.
3. Effective date of decision. The ordinance amendment or PUD becomes effective
upon the happening of any of the following events, whichever first occurs:
a. The final decision taken by the city has previously received certification of
approval from the Commissioner of the Department of Natural Resources.
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b. The city receives certification of approval from the Commissioner of the
Department of Natural Resources after its final decision.
c. Thirty days have elapsed from the day the Commissioner of the Department
of Natural Resources received notice of the final decision, and the city has received from the
Commissioner neither certification of approval nor notice of non -approval.
d. The Commissioner of the Department of Natural Resources certifies his
approval within 30 days after conducting a public hearing.
4. Hearing after non -approval. In case the Commissioner of the Department of
Natural Resources gives notice of non -approval of an ordinance amendment or PUD, either the applicant
or Community Development Department may, within 30 days of said notice, file with the Commissioner
a demand for a hearing. If the demand for a hearing is not made within 30 days, the notice of
non -approval becomes final.
a. The hearing shall be held within 60 days of the demand and after at least two
weeks' published notice.
b. The hearing shall be conducted in accordance with M.S. § 103G.311, subds.
2, 6 and 7, as it may be amended from time to time.
c. The Commissioner of the Department of Natural Resources shall either certify
his approval or disapproval of the proposed action within 30 days of the hearing.
(4) Shoreland classification system and land use districts.
(a) Shoreland classification system. The public waters of the City of Monticello have been
classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the
Protected Waters Inventory Map for Wright County, Minnesota. The Mississippi River is regulated by
§ 153.046(D) Wild and Scenic Recreational River District.
1. The shoreland area for the water bodies listed in divisions 2. and 3. below shall
be as defined in this chapter and as shown on the Official Zoning Map.
2. Lakes.
a. Natural environment lakes.
(i) Mud Lake (DNR ID: 86-68 P).
b. Recreational Development Lakes - RESERVED.
c. General development lakes.
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298 Monticello - Land Usage
(i) Pelican Lake (DNR ID: 86-31 P).
(ii) Long Lake (DNR ID: 86-69 P).
(iii) Slough Lake (DNR ID: 86-78 P)
3. Rivers and streams.
a. Remote Rivers - RESERVED.
b. Forested Rivers - RESERVED.
c. Transition Rivers - RESERVED.
d. Agricultural Rivers - RESERVED.
e. Tributary streams.
(i) Otter Creek.
(ii) All protected watercourses in the City of Monticello shown on the
Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference,
that are not given a classification in divisions a. through e. above shall be considered "tributary
streams. "
(b) Land use district descriptions.
1. Criteria for designation. The land use districts in division 2. below and the
delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the
goals, policies, and objectives of the comprehensive land use plan.
2. Land use in shoreland areas. Land uses on parcels within the shoreland district
shall be regulated by the underlying zoning district or by Table 3-23 below, whichever is more
restrictive.
TABLE 3-23: MORELAND USES BY LAKE CLASSIFICATION
Lake Classes in SPECIAL PROTECTION Districts (within the Wild and Scenic Recreational River Overlay
District)
Uses
General
Development
Recreational
Development
Natural
Environment
Forest management
P
P
P
Sensitive resource management
P
P
P
Agricultural: cropland and pasture
P
P
P
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299
TABLE 3-23: SHORELAND USES BY LAKE CLASSIFICATION
Lake Classes in SPECIAL PROTECTION Districts (within the Wild and Scenic Recreational River Overlay
District)
Uses
General
Development
Recreational
Development
Natural
Environment
Agricultural feedlots
C
C
C
Parks and historic sites
C
C
C
Extractive use
C
C
C
Single residential
C
C
C
Mining of metallic minerals and peat
P
P
P
Lake Classes in LOW DENSITY RESIDENTIAL Districts (within the A -O, R -A, R-1, R-2 or T -N Districts)
Uses
General
Development
Recreational
Development
Natural
Environment
Single residential
P
P
P
Semipublic
C
C
C
Parks and historic sites
C
C
C
Extractive use
C
C
C
Duplex, triplex, quad residential
P
P
C
Forest management
P
P
P
Mining of metallic minerals and peat
P
T77
P
Lake Classes in HIGH DENSITY RESIDENTIAL Districts (within the R-3 or M -H Districts)
Uses
General
Development
Recreational
Development
Natural
Environment
Residential planned unit developments (PUDs)
C
C
C
Single residential
P
P
P
Surface water -oriented commercial (as accessory to
a residential PUD)
C
C
C
Semipublic
C
C
C
Parks and historic sites
C
C
C
Duplex, triplex, quad residential
P
P
P
Forest management
P
P
P
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TABLE 3-23: SHORELAND USES BY LAKE CLASSIFICATION
Lake Classes in WATER -ORIENTED COMMERCIAL Districts (within a Business District AND includes a
proposed water -oriented use)
Uses
General
Development
Recreational
Development
Natural
Environment
Surface water -oriented commercial
P
P
C
Commercial planned unit development
C
C
C
Public, semipublic
C
C
C
Parks and historic sites
C
C
C
Forest management
rp
FP___
P
Lake Classes in GENERAL USE Districts (within a business or industrial district)
Uses
General
Development
Recreational
Development
Natural
Environment
Commercial
P
P
C
Commercial planned unit development
C
C
C
Industrial
C
C
N
Public, semipublic
P
P
C
Extractive use
Parks and historic sites
C
C
C
C
C
C
Forest management
Mining of metallic minerals and peat
P
P
P
P
P
P
(P) = Permitted Use, (C) = Conditional Use, and (N) = Prohibited Use
(5) Shoreland development standards.
(a) In general.
1. Except as may be specifically provided, no new lot shall be created—by plat or
by metes and bounds description—which does not meet the minimum dimensional requirements outlined
in § 153.046(E)(5).
2. No lot area shall be so reduced or diminished so that the yards or other open
spaces are smaller than prescribed herein, nor shall the number of dwelling units be increased in any
manner except in conformity with the area regulations in this chapter.
3. The area of any lot shall not be reduced below the minimum standards specified
herein.
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301
(b) Lot standards. Tables 3-23, 3-24, and 3-25 list the lot standards for lands within the
shoreland district.
1. Structure setbacks shall be measured from the ordinary high water mark (OHW)
or the highest known water level;
from the OHW.
2. Lot widths shall be met at both the OHW and at the required structural setback
Lot area shall be calculated based on land area above the OHW.
TABLE 3-24: SHORELAND LOT STANDARDS FOR SEWERED LAKES
Residential Lot Area (square feet)
Lake Class
Lakeshore
Non -Lakeshore
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
Natural Environment
40,000
70,000
100,000
130,000
20,000
35,000
52,000
65,000
Recreational
Development
20,000
35,000
50,000
65,000
15,000
26,000
38,000
49,000
General Development
15,000
26,000
38,000
49,000
10,000
17,500
25,000
32,500
Residential Lot Width
Lake Class
Lakeshore
Non -Lakeshore
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
Natural Environment
125
225
325
425
125
220
315
410
Recreational
Development
75
135
195
255
75
135
190
245
General Development
75
135
195
255
75
135
190
245
Setbacks (feet)
Lake Class
LAKESHORE LOTS (distances in feet)
Structure Setback from OHW
Shore Impact Zone from OHW
Natural Environment
150
75
Recreational
Development
75
37.5
General Development
50
25
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TABLE 3-25: SHORELAND LOT STANDARDS FOR UNSEWERED LAKES
River Class
Residential Lot Area (square feet)
Structure
Setback
Shore
Impact
Zone
Sewage
Setback
Single
Duplex
Triplex
Quad
Lake Class
300
Lakeshore
600
750
Non -Lakeshore
100
150
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
Natural Environment
80,000
120,000
160,000
200,000
80,000
160,000
240,000
320,000
Recreational
Development
40,000
80,000
120,000
160,000
40,000
80,000
120,000
160,000
General Development
20,000
40,000
60,000
80,000
40,000
80,000
120,000
160,000
Residential Lot Width
Lake Class
Lakeshore
Non -Lakeshore
Single
Duplex
Triplex
Quad
Single
Duplex
Triplex
Quad
Natural Environment
200
300
400
500
200
400
600
800
Recreational
Development
150
225
300
375
150
265
375
490
General Development
100
180
260
340
150
265
375
490
Setbacks (feet)
Lake Class
LAKESHORE LOTS (distances in feet)
Structure Setback from
OHW
Shore Impact Zone from
OHW
On-site Sewage Setback
from OHW
Natural Environment
150
75
150
Recreational Development
100
50
75
General Development
75
37.5
50
TABLE 3-26: SHORELAND LOT STANDARDS FOR RIVERS
River Class
Residential Lot Width (feet)
Structure
Setback
Shore
Impact
Zone
Sewage
Setback
Single
Duplex
Triplex
Quad
Remote
300
450
600
750
200
100
150
Forested
200
300
400
500
150
75
100
Transition
250
375
500
625
150
75
100
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TABLE 3-26: SHORELAND LOT STANDARDS FOR RIVERS
River Class
Residential Lot Width (feet)
Structure
Setback
Shore
Impact
Zone
Sewage
Setback
Single
Duplex
Triplex
Quad
Agricultural
150
225
300
375
50/100*
25/50*
75
Urban &
Tributary
75/100*
115/150*
150/200*
190/250*
50/100*
25/50*
75
* sewered/unsewered
(c) Non-residential district lot standards.
1. Minimum lot standards for non-residential zoned properties shall be as dictated
by the requirements for the underlying zoning district classification.
2. All structures and septic systems within non-residential districts shall comply with
the structural setback standards for such features as listed in Tables 3-24, 3-25 and 3-26.
(d) Bluff impact zones. Structures or facilities, except stairways and landings, must not be
placed within bluff impact zones.
(e) Height of structures.
1. No structures, except for churches and non-residential agricultural structures, shall
exceed 25 feet in height.
2. Detached accessory structures shall not exceed 15 feet in height.
(f) Uses without water -oriented needs. Uses without water -oriented needs are encouraged
to locate on lots or parcels without public water frontage, or, if located on lots or parcels with public
water frontage, must either be setback double the normal ordinary high water level setback or be
substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on
conditions.
(6) Zoning and water supply/sanitary provisions.
(a) Design criteria for structures in the Shoreland District.
1. High water elevations. Structures must be placed in accordance with any floodplain
regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest
floor, including basement, is placed or flood -proofed must be determined as follows:
a. For lakes, by placing the lowest floor at a level at least three feet above the
highest known water level, or three feet above the ordinary high water level, whichever is higher;
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304 Monticello - Land Usage
b. For rivers and streams, by placing the lowest floor at least three feet above
the flood of record, if data are available. If data are not available, by placing the lowest floor at least
three feet above the ordinary high water level, or by conducting a technical evaluation to determine
effects of proposed construction upon flood stages and flood flows and to establish a flood protection
elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or
hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of floodplain areas.
If more than one approach is used, the highest flood protection elevation determined must be used for
placing structures and other facilities; and
c. Water -oriented accessory structures may have the lowest floor placed lower
than the elevation determined in this item if the structure is constructed of flood -resistant materials to
the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration
flooding is anticipated, the structure is built to withstand ice action and wind -driven waves and debris,
or incorporation of flood openings.
2. Water -oriented accessory structures. Each lot may have one water -oriented
accessory structure not meeting the normal structure setback of this chapter if this water -oriented
accessory structure complies with the following provisions:
a. The structure or facility must not exceed ten feet in height, exclusive of safety
rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet
above grade at any point;
be at least ten feet;
b. The setback of the structure or facility from the ordinary high water level must
c. The structure or facility must be treated to reduce visibility as viewed from
public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming
summer, leaf -on conditions;
d. The roof may be used as a deck with safety rails, but must not be enclosed or
used as a storage area;
e. The structure or facility must not be designed or used for human habitation
and must not contain water supply or sewage treatment facilities; and
f. As an alternative for general development and recreational development
waterbodies, water -oriented accessory structures used solely for watercraft storage, and including storage
of related boating and water -oriented sporting equipment, may occupy an area up to 400 square feet
provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the
shoreline.
3. Stairways, lifts, and landings. Stairways and lifts are the preferred alternative tc
major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas.
Stairways and lifts must meet the following design requirements:
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a. Stairways and lifts must not exceed four feet in width;
b. Landings for stairways and lifts must not exceed 32 square feet in area;
c. Canopies or roofs are not allowed on stairways, lifts, or landings;
d. Stairways, lifts, and landings shall be constructed above the ground on posts
or pilings, and be designed and built in a manner that ensures control of soil erosion in conformance with
the requirements of § 153.028(N);
e. Stairways, lifts, and landings must be located in the most visually
inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf -on
conditions, whenever practical; and
f. Facilities such as ramps, lifts, or mobility paths for physically handicapped
persons are also allowed for achieving access to shore areas, provided that the dimensional and
performance standards of divisions a. to e. are complied with in addition to the requirements of
Minnesota Regulations, Chapter 1341.
4. Significant historic sites. No structure may be placed on a significant historic site
in a manner that is inconsistent with State Historic Preservation Office regulations.
5. Steep slopes. The Community Development Department must evaluate possible
soil erosion impacts and development visibility from public waters before issuing a permit for
construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep
slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and
to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the
surface of public waters, assuming summer, leaf -on vegetation.
(b) Shoreland alterations. Alterations of vegetation and topography will be regulated to
prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values,
prevent bank slumping, and protect fish and wildlife habitat.
1. Vegetation alterations.
a. Vegetation alteration necessary for the construction of structures and sewage
treatment systems and the construction of roads and parking areas are exempt from the vegetation
alteration standards that follow.
b. Removal or alteration of vegetation, except for agricultural and forest
management uses as regulated in § 153.046(E)(6)(e)2. and § 153.046(E)(6)(e)3., respectfully, is allowed
subject to the following standards:
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306 Monticello - Land Usage
(i) Intensive vegetation clearing within the shore and bluff impact zones and
on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use
outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is
developed and approved by the soil and water conservation district in which the property is located.
(ii) In shore and bluff impact zones and on steep slopes, limited clearing of
trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water
from the principal dwelling site and to accommodate the placement of stairways and landings, picnic
areas, access paths, beach and watercraft access areas, and permitted water -oriented accessory structures
or facilities, provided that:
A. The screening of structures, vehicles, or other facilities as viewed
from the water, assuming summer, leaf -on conditions, is not substantially reduced;
B. Along rivers, existing shading of water surfaces is preserved; and
C. The above provisions are not applicable to the removal of trees,
limbs, or branches that are dead, diseased, or pose safety hazards.
2. Topographic alterations/grading and filling.
a. Grading and filling and excavations necessary for the construction of
structures, sewage treatment systems, and driveways under validly issued construction permits for these
facilities do not require the issuance of a separate grading and filling permit. However, the grading and
filling standards in this Section must be incorporated into the issuance of permits for construction of
structures, sewage treatment systems, and driveways.
b. Public roads and parking areas are regulated by § 153.046(E)(6)(c).
c. Notwithstanding divisions 2.a. and 2.b. above, a grading and filling permit
will be required for:
(i) The movement of more than ten cubic yards of material on steep slopes
or within shore or bluff impact zones; and
(ii) The movement of more than 50 cubic yards of material outside of steep
slopes and shore and bluff impact zones.
d. The following considerations and conditions must be adhered to during the
issuance of construction permits, grading and filling permits, conditional use permits, variances and
subdivision approvals:
(i) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be
evaluated to determine how extensively the proposed activity would affect the following functional
qualities of the wetland:
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A. Sediment and pollutant trapping and retention;
B. Storage of surface runoff to prevent or reduce flood damage;
C. Fish and wildlife habitat;
D. Recreational use;
E. Shoreline or bank stabilization; and
307
F. Noteworthiness, including special qualities such as historic
significance, critical habitat for endangered plants and animals, or others.
(ii) This evaluation must also include a determination of whether the wetland
alteration being proposed requires permits, reviews, or approvals by other local, state, or federal
agencies such as a watershed district, the Minnesota Department of Natural Resources, or the United
States Army Corps of Engineers. The applicant will be so advised;
(iii) Alterations must be designed and conducted in a manner that ensures only
the smallest amount of bare ground is exposed for the shortest time possible;
(iv) Mulches or similar materials must be used for temporary bare soil
coverage, and a permanent vegetation cover must be established as soon as possible;
(v) Methods to minimize soil erosion and to trap sediments before they reach
any surface water feature must be used;
(vi) Altered areas must be stabilized to acceptable erosion control standards
consistent with the field office technical guides of the local soil and water conservation districts and the
United States Soil Conservation Service;
(vii) Fill or excavated material must not be placed in a manner that creates
an unstable slope;
(viii) Plans to place fill or excavated material on steep slopes must be
reviewed by a qualified engineer for continued slope stability and must not create finished slopes of 30 %
or greater;
(ix) Fill or excavated material must not be placed in bluff impact zones;
(x) Any alterations below the ordinary high water level of public waters must
first be authorized by the Commissioner of the Department of Natural Resources under M.S. Chapter
103G, as it may be amended from time to time;
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308 Monticello - Land Usage
(xi) Alterations of topography must only be allowed if they are accessory to
permitted or conditional uses and do not adversely affect adjacent or nearby properties; and
(xii) Placement of natural rock riprap, including associated grading of the
shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet
horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high
water level, and the height of the riprap above the ordinary high water level does not exceed three feet.
(c) Placement and design of roads, driveways, and parking areas.
1. Public and private roads and parking areas must be designed to take advantage of
natural vegetation and topography to achieve maximum screening from view from public waters.
Documentation must be provided by a qualified engineer that all roads and parking areas are designed
and constructed to minimize and control erosion to public waters consistent with the field office technical
guides of the local soil and water conservation district, or other applicable technical materials.
2. Roads, driveways, and parking areas must meet structure setbacks and must not
be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives
exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize
adverse impacts.
3. Public and private watercraft access ramps, approach roads, and access -related
parking areas may be placed within shore impact zones provided the vegetative screening and erosion
control conditions of this subpart are met. For private facilities, the grading and filling provisions of
§ 153.046(E)(6)(b)2. must be met.
(d) Stormwater management. The following general and specific standards shall apply:
1. General standards.
a. When possible, existing natural drainage ways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public
waters.
b. Development must be planned and conducted in a manner that will minimize
the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes.
Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to
retain sediment on the site.
c. Stormwater shall not be directed to wetlands without sufficient pre-treatment
as approved by the city.
d. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle stormwater runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices,
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dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and man-made materials and facilities.
2. Specific standards.
a. Impervious surface coverage of lots must not exceed 25 % of the lot area.
b. When constructed facilities are used for stormwater management,
documentation must be provided by a qualified Engineer that they are designed and installed consistent
with the field office technical guide of the local soil and water conservation districts.
c. New constructed stormwater outfalls to public waters must provide for
filtering or settling of suspended solids and skimming of surface debris before discharge.
(e) Special provisions for commercial, industrial, public/semipublic, agricultural, forestry
and extractive uses and mining of metallic minerals and peat.
1. Standards for commercial, industrial, public, and semipublic uses.
a. Surface water -oriented commercial uses and industrial, public, or semipublic
uses with similar needs to have access to and use of public waters may be located on parcels or lots with
frontage on public waters. Those uses with water -oriented needs must meet the following standards:
(i) In addition to meeting impervious coverage limits, setbacks, and other
zoning standards in this chapter, the uses must be designed to incorporate topographic and vegetative
screening of parking areas and structures;
(ii) Uses that require short-term watercraft mooring for patrons must
centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size
necessary to meet the need; and
(iii) Uses that depend on patrons arriving by watercraft may use signs and
lighting to convey needed information to the public, subject to the following general standards:
A. No advertising signs or supporting facilities for signs may be placed
in or upon public waters. Signs conveying information or safety messages may be placed in or on public
waters by a public authority or under a permit issued by the county sheriff;
B. Signs may be placed, when necessary, within the shore impact zone
if they are designed and sized to be the minimum necessary to convey needed information. They must
only convey the location and name of the establishment and the general types of goods or services
available. The signs must not contain other detailed information such as product brands and prices, must
not be located higher than ten feet above the ground, and must not exceed 32 square feet in size. If
illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across
public waters; and
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C. Other outside lighting may be located within the shore impact zone
or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or
otherwise directed to prevent direct illumination out across public waters. This does not preclude use of
navigational lights.
b. Uses without water -oriented needs must be located on lots or parcels without
public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set
back double the normal ordinary high water level setback or be substantially screened from view from
the water by vegetation or topography, assuming summer, leaf -on conditions.
2. Agriculture use standards.
a. General cultivation farming, grazing, nurseries, horticulture, truck farming,
sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones
are maintained in permanent vegetation or operated under an approved conservation plan (resource
management systems) consistent with the field office technical guides of the local soil and water
conservation districts or the United States Soil Conservation Service. The shore impact zone for parcels
with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high
water level.
b. Animal feedlots are prohibited.
3. Forest management standards. The harvesting of timber and associated
reforestation or conversion of forested use to a non -forested use must be conducted consistent with the
following standards:
a. Timber harvesting and associated reforestation must be conducted consistent
with the provisions of the Minnesota Non -point Source Pollution Assessment -Forestry and the provisions
of Water Quality in Forest Management "Best Management Practices in Minnesota. "
b. Forest land conversion to another use shall require issuance of a conditional
use permit subject to § 153.028(D) and adherence to the following standards:
(i) Shore and bluff impact zones must not be intensively cleared of
vegetation; and
(ii) An erosion and sediment control plan is developed and approved by the
local soil and water conservation district before issuance of a conditional use permit for the conversion.
(iii) Use of fertilizer, pesticides, or animal wastes within shorelands must be
done in such a way as to minimize impact on the shore impact zone or public water by proper application
or use of earth or vegetation.
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4. Extractive use standards.
311
a. Site development and restoration plan. An extractive use site development and
restoration plan must be developed, approved, and followed over the course of operation of the site. The
plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and
anticipated vegetation and topographic alterations. It must also identify actions to be taken during
operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how
the site will be rehabilitated after extractive activities end.
b. Setbacks for processing machinery. Processing machinery must be located
consistent with setback standards for structures from ordinary high water levels of public waters and
from bluffs.
5. Mining of metallic minerals and peat. Mining of metallic minerals and peat, as
defined in M.S. §§ 93.44 to 93.51, as they may be amended from time to time, shall be a permitted use
provided the provisions of M.S. §§ 93.44 to 93.51, are satisfied.
(f) Water supply and sewage treatment.
Water supply. Water shall be supplied through the City of Monticello municipal
water system.
2. Sewage treatment. Any premises used for human occupancy must be provided with
an adequate method of sewage treatment, as follows:
a. Publicly -owned sewer systems shall be used for any new development.
b. Nonconforming sewage treatment systems shall be regulated and upgraded in
accordance with the provisions division (P)(7) below.
(7) Nonconformities. All legally established nonconformities as of the date of this chapter may
continue, but they will be managed according to applicable state statutes and the provisions of
§§ 153.105 through 153.110 for the subjects of alterations and additions, repair after damage,
discontinuance of use, and intensification of use; except that the following standards will also apply in
shoreland areas:
(a) Construction on nonconforming lots of record.
1. Lots of record in the office of the county recorder on the date of enactment of local
shoreland controls that do not meet the requirements of § 153.046(P)(5)(b) may be allowed as building
sites without variances from lot size requirements provided the use is permitted in the zoning district,
the lot has been in separate ownership from abutting lands at all times since it became substandard, was
created compliant with official controls in effect at the time, and sewage treatment and setback
requirements of this chapter are met.
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2. A variance from setback requirements must be obtained before any use, sewage
treatment system, or building permit is issued for a lot. In evaluating the variance, the board of
adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and
shall deny the variance if adequate facilities cannot be provided.
3. If, in a group of two or more contiguous lots under the same ownership, any
individual lot does not meet the requirements of § 153.046(P)(5)(b), the lot must not be considered as
a separate parcel of land for the purposes of sale or development. The lot must be combined with the one
or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of
§ 153.046(P)(5)(b) as much as possible.
(b) Additions/expansions to nonconforming structures.
1. All additions or expansions to the outside dimensions of an existing nonconforming
structure must meet the setback, height, and other requirements of § 153.046(P). Any deviation from
these requirements must be authorized by a variance pursuant to § 153.046(E)(3)(c).
2. Deck additions may be allowed without a variance to a structure not meeting the
required setback from the ordinary high water level if all of the following criteria and standards are met:
a. The structure existed on the date the structure setbacks were established;
b. A thorough evaluation of the property and structure reveals no reasonable
location for a deck meeting or exceeding the existing ordinary high water level setback of the structure;
c. The deck encroachment toward the ordinary high water level does not exceed
15 % of the existing setback of the structure from the ordinary high water level or does not encroach
closer than 30 feet, whichever is more restrictive; and
d. The deck is constructed primarily of wood, and is not roofed or screened.
(8) Special provisions for subdivision and platting in shoreland districts.
(a) Land suitability. Each lot created through subdivision, including planned unit
developments authorized under § 153.028(0), must be suitable in its natural state for the proposed use
with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility
to flooding, existence of wetlands, soil and rock formations with severe limitations for development,
severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities,
near -shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat,
presence of significant historic sites, or any other feature of the natural land likely to be harmful to the
health, safety, or welfare of future residents of the proposed subdivision or of the community.
(b) Consistency with other controls. Subdivisions must conform to all official controls of
this community. A subdivision will not be approved where a later variance from one or more standards
in official controls would be needed to use the lots for their intended purpose. Each lot shall meet the
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minimum lot size and dimensional requirements of § 153.046(E)(5), including at least a minimum
contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil
treatment systems. Lots that would require use of holding tanks must not be approved.
(c) Information requirements. Sufficient information must be submitted by the applicant
for the community to make a determination of land suitability. The information shall include at least the
following:
1. Topographic contours at ten -foot intervals or less from United States Geological
Survey maps or more accurate sources, showing limiting site characteristics;
2. The surface water features required in M.S. § 505.02, subdivision 1, as it may be
amended from time to time, to be shown on plats, obtained from United States Geological Survey
quadrangle topographic maps or more accurate sources;
3. Adequate soils information from field investigations such as soil borings,
percolation tests, or other methods to determine suitability for building and on-site sewage treatment
capabilities for every lot;
4. Information regarding adequacy of domestic water supply; extent of anticipated
vegetation and topographic alterations; near -shore aquatic conditions, including depths, types of bottom
sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion,
both during and after construction activities;
5. Location of 100 -year floodplain areas and floodway districts from existing adopted
maps or data; and
6. A line or contour representing the ordinary high water level, the "toe" and the
"top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or
stream.
(d) Dedications. When a land or easement dedication is a condition of subdivision
approval, the approval must provide easements over natural drainage or ponding areas for management
of stormwater and significant wetlands.
(e) Platting. All subdivisions that create five or more lots or parcels that are two and one-
half acres or less in size shall be processed as a plat in accordance with M.S. Chapter 505, as it may be
amended from time to time. No permit for construction of buildings shall be issued for lots created after
these official controls were enacted unless the lot was approved as part of a formal subdivision.
(f) Controlled access or recreational lots. Lots intended as controlled accesses to public
waters or for recreational use areas for use by non -riparian lots within a subdivision must meet or exceed
the sizing criteria in § 153.046(E)(5)(b).
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314 Monticello - Land Usage
(Q) FBS: Freeway Bonus Sign District.
(1) Purpose. The City of Monticello recognizes the need for special sign allowances along the
I-94 corridor to allow for effective communication to interstate travelers.
(2) District application. The provisions of this division (Q) shall apply to all business and
industrial lands within the jurisdiction of Monticello that are denoted on the official zoning map as being
within the freeway bonus sign overlay district.
(3) Special freeway sign allowance.
(a) In the Freeway Bonus Sign District, the area of a freestanding sign may not exceed 200
square feet each side with a maximum height of 32 feet.
(b) Double frontage lots within the Freeway Bonus Sign District shall be allowed to have
up to two free-standing signs subject to the following conditions:
1. At least one of the two free-standing signs shall be a monument sign which does
not exceed 14 feet in height nor an overall size of 100 square feet.
2. The above size and height limitations for the second free-standing sign shall apply
even if both signs are monument signs.
3. The overall sign area maximum for the property as outlined in § 153.064 shall still
be met.
(4) LED illumination. In the Freeway Bonus Sign District, unshielded LED (Light Emitting
Diode) illumination may be used pursuant to the regulations found in § 153.064(G)(7).
(R) DW.• Drinking Water Supply Management Area. RESERVED.
(S) Performance Based Enhancement District.
(1) Purpose. The purpose of the Performance Based Enhancement Overlay District is to
provide for by -right development flexibility and enhancement in exchange for meeting special design
controls and/or protecting sensitive natural features. The district is intended to create a reasonable
balance between the interests of a property owner seeking more development options on a property and
the interests of the surrounding property owners in the following ways:
(a) By encouraging a more creative approach in commercial and housing developments
that will result in quality living environments through innovative design and aesthetic controls;
(b) By permitting a combination of housing types and styles, including single-family,
two-family, and multiple -family dwellings. Manufactured home parks shall not be permitted in this
overlay district.
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315
(c) By allowing flexibility in design by permitting cluster developments and a variety of
architectural styles and treatments;
(d) By allowing flexibility in setback and height restrictions;
(e) By providing an efficient use of land resulting in more cost efficient installation of
utilities, streets, and other facilities;
(f) By encouraging the preservation of common open space, recreational facilities, natural
features such as woodland, wetland, and floodplain;
(g) By contributing to the tax base of the community without making undue demands on
the community services;
(h) By providing the means for greater flexibility in environmental design than is provided
under the strict application of the Monticello zoning ordinance and subdivision ordinance while at the
same time preserving general welfare of the City of Monticello and its inhabitants.
(2) District application. The provisions of § 153.046(H) shall apply to all lands within the
jurisdiction of Monticello that are denoted on the official zoning map as being within the performance
based enhancement overlay district.
(3) Relation to underlying zoning district. The performance based enhancement district provides
different opportunities based on the underlying zoning district as follows:
(a) R -I and R-2 Base Zoning Districts. Properties with abase zoning district classification
of R-1 or R-2 within the performance based enhancement district can provide a harmonious mixture of
different residential land use types to best utilize the development potential of the land given the natural
environment and existing/future adjacent land uses.
1. Uses in general. Uses shall be governed by the regulations for the R-2 zoning
district as outlined in Tables 5-1, 5-4 and 5-6.
2. Allowed density.
a. The base density shall be governed by the regulations for the underlying
zoning district.
b. Adjustments to the allowed base density shall be permitted in accordance with
the provisions of the performance based enhancement district, but in no case shall the maximum density
of the underlying zoning district be exceeded.
c. Allowed percentage reductions to base density requirements shall always be
calculated off the standard base density for the underlying zoning district, with the sum of all allowed
reductions being used to calculate the final allowed density.
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3. Lot standards.
Monticello - Land Usage
a. Minimum lot size shall be equivalent to the required square feet per unit
following execution of all permitted density adjustments outlined in § 153.046(H)(4).
b. Minimum lot width shall be based on the required minimum lot size per the
following table:
TABLE 3-27: REQUIRED MINIMUM BASE LOT WIDTHS FOR PERFORMANCE RESIDENTIAL
DEVELOPMENT
If lot is greater than or
If lot is < 11, 000 sq. ft. but greater
If lot is 9, 000 sq. ft. but greater
If lot is <
equal to 11, 000 sq. ft.
than or equal to 9, 000 sq. ft.
than or equal to 7,500 sq. ft.
7,500 sq. ft.
80 ft. lot width
70 ft. lot width
60 ft. lot width
50 ft. lot width
4. Development standards. Lot development standards and setbacks shall be governed
by the regulations for the R-2 zoning district as outlined in Table 3-6.
(b) R-3, B-1, B-2, and B-4 Base Zoning Districts. Properties with a base zoning district
classification of R-3, B-1, B-2 or B-4 can provide a harmonious intermixing of residential and business
land uses to best utilize the development potential of the land given the natural environment and
existing/future adjacent land uses.
1. Uses in general. Uses may be a mix of the uses allowed within the R-3 and B-2
zoning districts as outlined in Tables 5-1, 5-4 and 5-6. The underlying district type (residential or
business) shall determine which permitting process shall be used in the event of a conflict between R-3
and B-2 standards.
2. Allowed residential density.
a. Exclusively residential development proposals on properties with an
underlying zoning district of R-3 shall be governed by the base density regulations for the underlying
zoning district.
b. The base density of residential units within a performance based mixed-use
development shall be 4,200 square feet of gross lot area per unit regardless of the underlying zoning
district.
c. Adjustments to the allowed base density shall be permitted in accordance with
the provisions of § 153.046(H)(4), but in no case shall the residential density exceed 20 units per acre.
3. Lot standards in general.
a. Lot standards and setbacks shall be governed by the regulations for the
underlying zoning district.
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b. Development which combines residential and business uses shall conform to
the mixed use standards of the performance district as outlined in § 153.046(H)(5).
(4) Density bonuses for improved residential development. Base density square footage
requirements for residential development within a performance based enhancement district may be
reduced based on inclusion of the following development features and the corresponding square foot
reduction factors. Under no circumstances shall the resulting density exceed the established maximum
density established by this chapter.
(a) Bonuses for all housing types:
1. Preservation of natural features. The base density requirement may be reduced
based on the amount of land being permanently set aside for the preservation of natural features as
outlined in Table 3-28:
TABLE 3-28: PRESERVATION OF NATURAL FEATURES DENSITY BONUS
% of Land Being Permanently Preserved
Reduction in Per Unit Base Density Requirement
7.5% to less than 10%
2.0%
10 % to less than 12.5 %
4.0%
12.5 % to less than 15 %
7.0%
15 % to less than 17.5 %
11.0%
17.5 % to less than 20 %
16.0%
Greater than 20%
22.0%
2. Additional landscaping. The base density requirement may be reduced based on
the introduction of additional landscaping beyond the normal requirements of code as outlined in Table
3-29:
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TABLE 3-29: DENSITY BONUSES FOR ADDITIONAL LANDSCAPING
Reduction in Per Unit Base Density Requirement in Square Feet
2%
4%
7%
11%
16%
20%
Required increase
1.5 times the
2.0 times the
3.0 times the
4.0 times the
5.0 times the
6.0 times
in canopy and/or
required
required
required
required
required
the
evergreen trees as
plantings
plantings
plantings
plantings
plantings
required
outlined in Table
plantings
4-3
[1]
[1]: The required increase in landscape plantings shall exclude any shrubs planting requirements per 10 feet of building
perimeter.
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318 Monticello - Land Usage
3. Additional useable recreational space. In conjunction with development requiring
park dedication, the base density requirement may be reduced based on any additional amount of land
accepted by the city for public recreation purposes over that which is normally required by code as
outlined in Table 3-30:
TABLE 3-30: RECREATIONAL SPACE DENSITY BONUS
% increase over normally required public land
dedication for recreational use
Reduction in Per Unit Base Density Requirement
0.5 % to less than 1 %
2.0%
1 % to less than 2%
4.0%
2 % to less than 3 %
7.0%
3% to less than 4%
11.0%
4 % to less than 5 %
16.0%
Greater than 5 %
22.0%
(b) Bonuses exclusive to multi -family housing types:
1. Shared underground parking. The base density requirement may be reduced by
15 % if each unit is provided a parking space within a shared underground parking area.
2. Improved construction standards. The base density requirement may be reduced
by 15 % if type two construction is used.
3. Elevators. The base density requirement may be reduced by 10 % if an elevator
serving each floor is provided.
4. Indoor recreation amenities. The base density requirement maybe reduced by 10 %
if indoor recreation and/or social room(s) equal to 25 square feet per unit or 750 square feet total,
whichever is greater, are provided.
5. Outdoor recreation amenities. The base density requirement may be reduced by
10 % if major outdoor recreation facilities are provided such as swimming pools, tennis courts, or similar
facilities requiring a substantial investment equaling at minimum 5% of the construction cost of the
principal structure.
(5) Bonuses for green buildings.
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319
(a) The incentives listed in Table 3-31 are available to developments incorporating the
denoted number of green building features from schedules "A" and "B" in Table 3-31.
TABLE 3-31: BONUSES FOR GREEN BUILDINGS
Type of Bonus
Minimum Number of Green Building
ENERGY
Features Provided fl]
From Schedule "A"
From Schedule
Proof of purchase of carbon offsets in an amount equivalent to 15 % of the construction costs within five
years
B
Design buildings so that they can accommodate the installation and operation of solar photovoltaic panels
or solar thermal heating devices.
"B Pf
CATEGORY 1: BASE DENSITY REDUCTION
4 % reduction in the per unit base density requirement
1
2
11 % reduction in the per unit base density requirement
1
3
20 % reduction in the per unit base density requirement 2 4
CATEGORY 2: OFF-STREET PARKING REDUCTION
Decrease in required off-street parking spaces by 5 %
1
2
Decrease in required off-street parking spaces by 10%
1
3
Decrease in required off-street parking spaces by 15 % 2 4
CATEGORY 3: ADDITIONAL BUILDING HEIGHT
Increase in building height by one story beyond the district maximum
F2
2
[11: Development may include a sufficient number of green building features to take advantage of more than one type
of bonus with a limit of one bonus per category.
(b) The green building features listed in Table 3-32 below may be utilized to obtain the
development bonuses listed in Table 3-31.
TABLE 3-32: GREEN BUILDINGS FEATURES
Schedule
Feature
ENERGY
A
Generation of a minimum of 20% of the electricity needed by the development from alternative energy
sources (solar, wind, geothermal or biomass) within five years.
A
Proof of purchase of carbon offsets in an amount equivalent to 15 % of the construction costs within five
years
B
Design buildings so that they can accommodate the installation and operation of solar photovoltaic panels
or solar thermal heating devices.
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TABLE 3-32: GREEN BUILDINGS FEATURES
Schedule
Feature
RECYCLING/WASTE REDUCTION
A
Utilize recycled materials for 50 % of streets, off-street parking, sidewalks, curbs, and 25 % of building
materials
B
Provide at least one enclosed recycling station per building suitable for storage and collection of recyclable
generated on-site
SITE CONFIGURATION
B
Provision of a community garden with at least 500 square feet per dwelling that is controlled by a
property -owners association
B
Use of paving materials in driveways and parking lots that have solar reflectance index (SRI) score of at
least 29 (SRI is a measure of a parking lot's ability to reject solar heat; a higher SRI yields a cooler
parking lot)
B
Configuration of new buildings with one axis 1.5 times longer than the other, and the long axis oriented in
an east -west configuration for solar access
A
Include underground parking or a parking structure
A
Provide for mixed use structures with active retail or personal service uses on ground floors and residential
uses on upper floors
RESOURCE CONSERVATION
B
Provision of 150 -foot undisturbed buffers adjacent to all perennial stream banks, wetlands, and bodies of
water
A
Use only native vegetation for required landscaping
A
Use of Low Impact Development (LID) techniques instead of retention or detention ponds for stormwater
management
B
Preservation of 15 % of the tree canopy on a site comprised of the canopies of trees 10" or greater in DBH
A
Double the minimum open space set-aside amount
A
Remediate site contamination on a documented (by means of a Phase II Environmental Site Assessment)
"brownfield" site
TRANSPORTATION
A
Provision of a network of multi-purpose trails with at least one connection to a public trail, sidewalk or
greenway for every acre of land
B
Inclusion of showering and dressing facilities in non-residential development for employees using
alternative forms of transportation
A
Provide on-site transit facilities (e.g., designated park-and-ride parking spaces, bus shelters, etc).
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TABLE 3-32: GREEN BUILDINGS FEATURES
Schedule
Feature
BUILDING CONFIGURATION
A
Inclusion of green roofs on at least 30% of the roof area within the development
B
Meet minimum Energy Star (or equivalent) criteria for at least 75 % of the residential floor area
A
Design the building to achieve a minimum LEED certification of platinum [counts as two schedule "A"
features]
A
Design the building to achieve a minimum LEED certification of gold
B
Design the building to achieve a minimum LEED certification of silver
B
Include shade features (e.g., awnings, louvers, shutters, overhangs, etc) to shade all windows and doors
on the southern building facade
B
Design buildings such that 25 % of the residential units are consistent with Universal Design practices
A
Design buildings such that 50 % of the residential units are consistent with Universal Design practices
WATER CONSERVATION
A
Inclusion of a recycled or grey water system for landscaping irrigation
(6) Standards for mixed use development. All mixed use development within the performance
based enhancement district shall adhere to the following:
(a) Residential units in mixed use developments. Residential units shall be incorporated
within a mixed use development to be visually and/or physically integrated with nonresidential uses.
1. When the underlying zoning district is R-3, B-1 or B-2, residential units shall be
located using one of the following options;
a. Residential uses are vertically located above street -level commercial uses; or
b. Residential uses are horizontally integrated into the site development in a
manner that provides a transition between adjacent low intensity uses (e.g. single-family homes) to
adjacent higher intensity uses (e.g. commercial).
2. When the underlying zoning district is B-4, the following shall apply to dwelling
units:
a. Dwelling units shall not be located on the first floor street facing side of a
building.
b. First floor alley or side yard facing dwelling units are permitted, but they shall
not encompass more than 30% of the gross first floor area.
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(b) Non-residential uses in mixed use developments.
1. New non-residential uses in a mixed use development shall be restricted to lots
adjacent to existing non-residential uses or lots at corner locations.
2. Buildings shall incorporate one or more transitional features as required by the
Community Development Department (see § 153.066, Transitional Features).
3. When the underlying zoning district is B-1 or B-2, individual retail and other
commercial uses shall not exceed 5,000 square feet unless authorized by a conditional use permit
pursuant to § 153.028(D).
4. Developments are encouraged to situate buildings at the street frontage, locating
parking to the side and rear of buildings to avoid views of large, paved parking areas from public
rights-of-way.
5. Loading and service areas shall be placed to the sides or rear of a structure, or
shall be integrated within the building's architecture as a means of minimizing their appearance.
(T) Special Use Overlay District.
(1) Restrictions on adult uses. With the adoption of this chapter, the City of Monticello
exercises its authority under M.S. § 617.242, subd. 7, as it may be amended from time to time, and
declares that these regulations supercede the provisions of M.S. § 617.242, as it may be amended from
time to time. As such, adult uses as defined in this chapter shall be subject to the following general
provisions:
(a) Adult use. Principal activities shall be permitted only in those areas with the BOTH
required base zoning designation and the Special Use Overlay District designation.
(b) Activities classified as obscene as defined by M.S. § 617.241, as it may be amended
from time to time, are not permitted and are prohibited.
(c) An adult use which does not qualify as an accessory use shall be classified as an adult
use/principal.
(d) Adult use/principal activities shall be prohibited from locating in any building which
is also utilized for residential purposes.
(e) Adult use/principal activities shall not be located on any parcel that abuts or shares a
property line with any of the following parcels or land uses:
1. Residentially zoned property;
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2. Agricultural land located in the neighboring township or in the city that is
designated in the comprehensive plan for residential use;
3. A licensed day care center;
4. A public or private educational facility classified as an elementary, middle, junior
high, or senior high school;
5. A public library;
6. A public park;
7. A church;
8. Amusement places such as roller rinks, dance halls, and bowling alleys;
9. Liquor sales;
(f) Adult use/principal activities shall be located at least 400 radial feet apart as measured
from one another.
(g) Adult use/principal activity is a separate use and no two adult use/principal activities
shall be located in the same building or upon the same property and each use shall be subject to all of
the requirements of this section.
(h) Adult use/principal activities shall adhere to the following signing regulations:
1. Sign messages shall be generic in nature and shall only identify the type of business
which is being conducted;
2. Sign messages shall not contain material classified as advertising;
3. Sign messages shall comply with the requirements of size and number for the
district in which they are located
(i) Adult use/principal activities shall be prohibited in establishments where liquor is
served.
0) Adult use/principal activities shall be prohibited at any place or event where minors
are permitted.
(2) Adult-oriented uses - accessory.
(a) Adult use/accessory activities shall be allowed only as regulated by § 153.092(D)(4).
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§ 153.047 PLANNED UNIT DEVELOPMENT DISTRICTS.
(A) Swan River PUD District.
(1) Purpose. The purpose of the Swan River PUD District is to provide for the development
of certain properties for elementary and secondary school activities and uses. The purpose of the district
shall incorporate the Public Values Statement of record, as may be amended, adopted jointly by the
Planning Commission and City Council as of January 27, 2014.
(2) Permitted uses. Permitted principal uses in the Swan River PUD District shall be
Elementary and Secondary School, subject to the approved Final Stage Development Plans and
development agreement, as may be amended.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
elementary and secondary schools, and as identified by the approved final stage PUD.
(4) District performance standards. Performance standards for the development of any lot in
the Swan River PUD District shall adhere to the approved final stage PUD plans and development
agreement. Only where any proposed improvement is not addressed by the final stage PUD, the
regulations of the CCD, Central Community District shall apply.
(5) Changes. Where changes to the PUD are proposed in the manner of use, density, site plan,
development layout, or building size, mass or coverage, or any other change, the proposer shall apply
for an amendment to PUD under the terms of the § 153.028(0)(10). The city may require that substantial
changes in overall use of the PUD property be processed as a new project, including a zoning district
amendment.
(B) Monticello High School PUD District.
(1) Purpose. The purpose of the Monticello High School PUD District is to provide for the
development of certain real estate subject to the District for public school buildings and related land uses.
(2) Permitted uses. Permitted principal uses in the Monticello High School PUD District shall
be schools, including pre-school, K-12, and related administrative uses, subject to the approved Final
Stage Development Plans dated June 27, 2016, and development agreement dated July 22, 2016, as may
be amended.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
primary and secondary school uses, and as specifically identified by the approved final stage PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Monticello High School PUD District shall adhere to the approved final stage PUD plans and
development agreement. In such case where any proposed improvement is not addressed by the final
stage PUD, then the regulations of the R-1, Single-family District shall apply.
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(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to PUD under the terms of the Monticello Zoning Ordinance, § 153.028(0)(10) .
The city may require that substantial changes in overall use of the PUD property be processed as a new
project, including a zoning district amendment.
(C) Mills Fleet Farm PUD District.
(1) Purpose. The purpose of the Mills Fleet Farm PUD District is to provide for the
development of certain real estate subject to the District for retail commercial land uses.
(2) Permitted uses. Permitted principal uses in the Mills Fleet Farm PUD District shall be retail
commercial uses as found in the B-4, Regional Business District of the Monticello Zoning Ordinance,
subject to the approved Final Stage Development Plans dated July 19, 2016, the amendment to Planned
Unit Development dated June 12, 2017, and development agreement dated July 25, 2016, amended
October 24, 2016 and as may be amended. The introduction of any other use from any district, including
Conditional Uses in the B-4 District, shall be reviewed under the requirements of §§ 153.025 through
153.028 - Planned Unit Development for Development Stage PUD and Final Stage PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to retail
uses, and as specifically identified by the approved final stage PUD plans, which shall hereby be
incorporated by reference.
(4) District performance standards. Performance standards for the development of any lot in
the Mills Fleet Farm PUD District shall adhere to the approved final stage PUD plans, which shall
hereby be incorporated by reference and development agreement dated July 25, 2016. In such case where
any proposed improvement is not addressed by the final stage PUD, then the regulations of the B-4,
Regional Business District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of § 153.028(0)(10). The city may require that
substantial changes in overall use of the PUD property be processed as a new project, including a zoning
district amendment.
(D) Red Rooster PUD District.
(1) Purpose. The purpose of the Red Rooster PUD District is to provide for the development
of certain real estate subject to the District for office -commercial and industrial services land uses.
(2) Permitted uses. Permitted principal uses in the Red Rooster PUD District shall be
office -commercial uses as found in the B-2, Limited Business District and industrial services uses as
found in the I-1, Light Industrial District of the Monticello Zoning Ordinance, subject to the approved
Final Stage Development Plans dated May 23, 2016, and development agreement dated July 25, 2016,
as may be amended.
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326 Monticello - Land Usage
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
office -commercial uses, and as specifically identified by the approved final stage PUD plans, including
limited non-commercial self -storage as an accessory use. Accessory buildings on the site may be utilized
for indoor storage for enterprises which may or may not occupy principal use space on the property. No
outdoor storage of materials or equipment shall be permitted.
(4) District performance standards. Performance standards for the development of any lot in
the Red Rooster PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the B-2, Limited Business District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(E) Spaeth Industrial Park PUD District.
(1) Purpose. The purpose of the Spaeth Industrial Park PUD District is to provide for the
development of certain real estate subject to the District for industrial land uses.
(2) Permitted uses. Permitted principal uses in the Spaeth Industrial Park PUD District shall
be indoor industrial uses as found in the I-2, Heavy Industrial District of the Monticello Zoning
Ordinance, subject to the approved Final Stage Development Plans dated July 24, 2017 and development
agreement dated July 24, 2017, as may be amended. The introduction of any other use from any district,
including Conditional Uses in the I-2 District, shall be reviewed under the requirements of § 153.028(0)
- Planned Unit Developments for Development Stage PUD and Final Stage PUD. Industrial
Self -Storage, as defined by the Monticello Zoning Ordinance.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
industrial uses, and as specifically identified by the approved final stage PUD plans, but shall not include
outdoor storage or other activities.
(4) District per standards. Performance standards for the development of any lot in
the Spaeth Industrial Park PUD District shall adhere to the approved final stage PUD plans and
development agreement. In such case where any proposed improvement or use is not addressed by the
Final Stage PUD, then the regulations of the I-2, Heavy Industrial District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
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(6) Subdivisions within the Spaeth Industrial Park PUD District may occur following the city's
Subdivision Ordinance procedures for preliminary and final plat. Subdivisions may create lot lines which
result in common wall buildings, and in all cases shall adhere fully to requirements of the city's Building
Code and other applicable regulations. Any such subdivision shall be accompanied by restrictive
covenants or similar instruments that ensure common maintenance of all exterior site and building
components of the PUD and an amendment to the development contract.
(F) Camping World PUD District.
(1) Purpose. The purpose of the Camping World PUD District is to provide for the
development of certain real estate subject to the District for vehicle sales, service, and display
commercial land uses.
(2) Permitted uses. Permitted principal uses in the Camping World PUD District shall be
vehicle sales, display, and vehicle service and repair - minor and major, as found in the B-3 Highway
Business District of the Monticello Zoning Ordinance, subject to the approved Final Stage Development
Plans dated August 14, 2017, and development agreement dated August 14, 2017, as may be amended.
The introduction of any other use from any district, including Conditional Uses in the B-3 District, shall
be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(0) - Planned Unit
Developments for Development Stage PUD and Final Stage PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to retail
uses, and as specifically identified by the approved final stage PUD plans. Accessory buildings on the
site may be utilized for indoor uses for enterprises of commercial tenants which are identified as
permitted principal uses in the B-3, Highway Business District.
(4) District performance standards. Performance standards for the development of any lot in
the Camping World PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the B-3, Highway Business District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(G) Autumn Ridge PUD District.
(1) Purpose. The purpose of the Autumn Ridge PUD District is to provide for the development
of certain real estate subject to the District for residential land uses.
(2) Permitted uses. Permitted principal uses in the Autumn Ridge PUD District shall be single-
family residential uses as found in the "T -N", Traditional Neighborhood Zoning District, subject to the
approved Final Stage Development Plans and development agreement dated September 11, 2017, as may
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328 Monticello - Land Usage
be amended. The introduction of any other use from any district, including Conditional Uses in the T -N
District, shall be reviewed under the requirements of the Monticello Zoning Ordinance, § 153.028(0)
- Planned Unit Developments for Development Stage PUD and Final Stage PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
residential uses as allowed in the T -N District, and as specifically identified by the approved final stage
PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Autumn Ridge PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement or use is not addressed by the Final Stage
PUD, then the regulations of the T -N, Traditional Neighborhood District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(H) Affordable Self -Storage PUD District.
(1) Purpose. The purpose of the Affordable Self -Storage PUD District is to provide for the
development of certain real estate subject to the District for commercial land uses.
(2) Permitted uses. Permitted principal uses in the Affordable Self -Storage PUD District shall
be self -storage uses as found in the B-3, Highway Business District of the Monticello Zoning Ordinance,
subject to the approved Final Stage Development Plans dated September 11, 2017 and development
agreement dated September 11, 2017, as may be amended. The introduction of any other use from any
district, including Conditional Uses in the B-3 District, shall be reviewed under the requirements of the
Monticello Zoning Ordinance, § 153.028(0) - Planned Unit Developments for Development Stage PUD
and Final Stage PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
commercial uses, and as specifically identified by the approved final stage PUD Plans, but shall not
include outdoor storage or other activities.
(4) District performance standards. Performance standards for the development in the
Affordable Self -Storage PUD District shall adhere to the approved final stage PUD plans and
development agreement. In such case where any proposed improvement or use is not addressed by the
Final Stage PUD, then the regulations of the B-3, Highway Business District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
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§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(I) Rivertown Suites PUD District.
(1) Purpose. The purpose of the Rivertown Suites PUD District is to provide for the
development of certain real estate subject to the District for multiple -family residential land uses.
(2) Permitted uses. Permitted principal uses in the Rivertown Suites PUD District shall be
multiple -family residential uses as found in the R-4, Medium -High Density Residential District of the
Monticello Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 23,
2018 and development agreement dated September 7, 2018, as may be amended. The introduction of any
other use from any district shall be reviewed under the requirements of the Monticello Zoning
Ordinance, § 153.028(0) - Planned Unit Developments for Development Stage PUD and Final Stage
PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
residential uses, and as specifically identified by the approved final stage PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Rivertown Suites PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the R-4, Medium -High Density Residential District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(J) Groveland 5th Addition - Monticello RV PUD.
(1) Purpose. The purpose of the Groveland 5th Addition- Monticello RV PUD District is to
provide for the development of certain real estate subject to the District for Vehicle Sales and Rental
uses.
(2) Permitted uses. Permitted principal uses in the Groveland 5th Addition - Monticello RV
PUD District shall be vehicle sales and rental uses as found in the B-3, Highway Business District of the
Monticello Zoning Ordinance, subject to the approved Final Stage PUD Plans dated March 25, 2019,
and development agreement dated March 25, 2019, as may be amended. The introduction of any other
use from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance,
§ 153.028(0) - Planned Unit Developments for Development Stage PUD and Final Stage PUD.
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330 Monticello - Land Usage
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to vehicle
sales and rental uses, and as specifically identified by the approved final stage PUD plans. This shall
include the addition of an accessory sanitary sewage dump station facility for recreational vehicles and
LP bulk fuel tank as approved by the City Council on July 22, 2019.
(4) District performance standards. Performance standards for the development of any lot in
the Groveland 5th Addition - Monticello RV PUD District shall adhere to the approved Final Stage PUD
Plans and development agreement. In such case where any proposed improvement is not addressed by
the Final Stage PUD Plans, then the regulations of the B-3, Highway Business District, shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(K) Deephaven PUD District.
(1) Purpose. The purpose of the Deephaven PUD District is to provide for the development
of certain real estate subject to the District for multiple -family residential land uses.
(2) Permitted uses. Permitted principal uses in the Deephaven PUD District shall be multiple -
family residential uses as found in the R-4, Medium -High Density Residential District of the Monticello
Zoning Ordinance, subject to the approved Final Stage Development Plans dated July 21, 2020, and
development agreement dated January 13, 2020, as may be amended. The introduction of any other use
from any district shall be reviewed under the requirements of the Monticello Zoning Ordinance,
§ 153.028(0) - Planned Unit Developments for Development Stage PUD and Final Stage PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
residential uses, and as specifically identified by the approved final stage PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Deephaven PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the R-4, Medium -High Density Residential District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
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(L) UMC PUD District.
331
(1) Purpose. The purpose of the UMC PUD District is to provide for the development of
certain real estate subject to the District for industrial land uses.
(2) Permitted uses. Permitted principal uses in the UMC PUD District shall be indoor industrial
uses as found in the IBC, Industrial and Business Campus District of the Monticello Zoning Ordinance,
subject to the approved Final Stage Development Plans dated September 14, 2020, and development
agreement dated February 24, 2020, as may be amended.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
industrial uses, and as specifically identified by the approved final stage PUD plans, but shall not include
outdoor storage or other activities.
(4) District performance standards. Performance standards for the development of any lot in
the UMC PUD District shall adhere to the approved final stage PUD plans and development agreement.
In such case where any proposed improvement is not addressed by the final stage PUD, then the
regulations of the IBC, Industrial and Business Campus District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(M) Nuss Truck and Equipment Industrial PUD.
(1) Purpose. The purpose of the Nuss Truck and Equipment PUD District is to provide for the
development of certain real estate subject to the District for industrial land uses.
(2) Permitted uses. Permitted principal uses in the Nuss Truck and Equipment PUD District
shall be machinery/truck repair and sales as found in § 153.091(F)(11) subject to the approved final
stage development plans dated April 19, 2021, the amended landscaping plan dated May 10, 2021, and
development agreement dated January 25, 2021, as may be amended.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
industrial uses, and as specifically identified by the approved final stage PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Nuss Trucking Industrial PUD District shall adhere to the approved final stage PUD plans and
development agreement. In such case where any proposed improvement is not addressed by the final
stage PUD, then the regulations of the I-1, Industrial District shall apply.
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(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(N) Edmonson Ridge PUD District.
(1) Purpose. The purpose of the Edmonson Ridge PUD District is to provide for the
development of certain real estate subject to the District for residential land uses.
(2) Permitted uses. Permitted principal uses in the Edmonson Ridge PUD District shall be
single-family residential uses as found in the TN, Traditional Neighborhood District of the Monticello
Zoning Ordinance, subject to the approved Final Stage Development Plans dated December 14, 2020,
and development agreement dated December 14, 2020, as may be amended.
(3) Accessory uses. Accessory uses shall be those listed in the TN, Traditional Neighborhood
District, and as specifically identified by the approved final stage PUD plans, and as specially regulated
by restrictive covenant as recorded against the lots zoned Edmonson Ridge PUD District.
(4) District performance standards. Performance standards for the development of any lot in
the Edmonson Ridge PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the TN, Traditional Neighborhood district shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require the substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(0) StorageLink Monticello PUD.
(1) Purpose. The purpose of the StorageLink Monticello PUD District is to provide for the
development of certain real estate subject to the B-3 (Highway Business) District for commercial land
uses.
(2) Permitted uses. Permitted principal uses in the StorageLink Monticello PUD District shall
be commercial self -storage as found in § 153.091(F)(11) of the Monticello Zoning Ordinance, subject
to the approved Final Stage Development Plans dated April 26, 2021, and development agreement dated
April 26, 2021, as may be amended.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
commercial uses, and as specifically identified by the approved final stage PUD plans.
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(4) District performance standards. Performance standards for the development of any lot in
the StorageLink Monticello PUD District shall adhere to the approved final stage PUD plans and
development agreement. In such case where any proposed improvement is not addressed by the final
stage PUD, then the regulations of the B-3 (Highway Business) shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, or coverage, or any other change, the proposer shall
apply for an amendment to the PUD under the terms of the Monticello Zoning Ordinance,
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(P) Stony Brook Village PUD District.
(1) Purpose. The purpose of the Stony Brook PUD District is to provide for the development
of certain real estate subject to the district for two-family residential land uses.
(2) Permitted uses. Permitted principal uses in the Stony Brook PUD District shall be
two-family residential uses as found in the R-2 Single and Two -Family Residential District of the
Monticello Zoning Ordinance, subject to the approved final stage development plans dated August 23,
2021, and development agreement dated August 23, 2021, as may be amended. The introduction of any
other use from any district shall be reviewed under the requirements of § 153.028(0) - Planned Unit
Developments for Development Stage PUD and Final Stage PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
residential uses, and as specifically identified by the approved final stage PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Stony Brook PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the R-2, Single and Two -Family Residential District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, exterior building materials or colors, lot coverage, or any
other change, the proposer shall apply for an amendment to the PUD under the terms of
§ 153.028(P)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
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(Q) Monticello Lakes PUD District.
(1) Purpose. The purpose of the Monticello Lakes PUD District is to provide for the
development of certain real estate subject to the District for multiple -family residential land uses.
(2) Permitted uses. Permitted principal uses in the Monticello Lakes PUD District shall be a
maximum of 200 units of multiple -family residential uses as found in the R-4 Medium and High Density
Residential District of the Monticello Zoning Ordinance, subject to the approved final stage development
plans dated December 6, 2021, and development agreement dated December 13, 2021, as may be
amended. The introduction of any other use or change in density shall be reviewed under the
requirements of § 153.028(0) - Planned Unit Developments for Development Stage PUD and Final Stage
PUD.
(3) Accessory uses. Accessory uses shall be those commonly accessory and incidental to
residential uses as listed in the R-4 District, and as specifically identified by the approved final stage
PUD plans.
(4) District performance standards. Performance standards for the development of any lot in
the Monticello Lakes PUD District shall adhere to the approved final stage PUD plans and development
agreement. In such case where any proposed improvement is not addressed by the final stage PUD, then
the regulations of the R-4, Medium and High Density Multiple -Family Residential District shall apply.
(5) Amendments. Where changes to the PUD are proposed in the manner of use, density, site
plan, development layout, building size, mass, exterior building materials or colors, lot coverage, or any
other change, the proposer shall apply for an amendment to the PUD under the terms of
§ 153.028(0)(10). The city may require that substantial changes in overall use of the PUD property be
processed as a new project, including a zoning district amendment.
(R) Block 52 PUD District.
(1) Purpose. The purpose of the PUD, Block 52 First Addition Planned Unit Development
District is to provide for the development of certain real estate subject to the District for mixed land uses
consistent with the direction of the Downtown Monticello Small Area Plan chapter of the Comprehensive
Plan and the specific uses and improvements identified in the Final PUD Plans dated July 11, 2022 as
may be property amended.
(2) Permitted uses. Permitted principal commercial uses in the proposed mixed-use building
shall be limited to permitted and conditional uses allowed within the CCD, Central Community District.
Additionally ground floor commercial uses along Broadway shall accommodate office uses on the street
level, an element of flexibility from the Downtown Small Area Plan. Residential uses shall be permitted
uses on the upper floors (non -street -level), per Final PUD plans for the Block 52 PUD District.
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335
(3) The introduction of any other use from any district shall be reviewed under the
requirements of the PUD requirements and process.
(4) Accessory uses. Accessory uses shall be those specifically identified by the approved final
stage plans for each approved project.
(5) District performance standards. Performance standards for the development of any lot in
the Block 52 PUD District shall adhere to the approved final stage plans and development agreement.
In such case where any proposed improvement is not addressed by the final stage PUD plans, such
improvement shall only be considered with an amendment to the final stage plans per the process
specified in the ordinance.
(6) Amendments. Where changes to any proposed project in the PCD are proposed in the
manner of use, density, site plan, development layout, building size, mass, or coverage, or any other
change, the proposer shall apply for an amendment to the approved final stage PUD plan under the terms
of the Monticello Zoning Ordinance. The city may require that changes in overall use, density, site plan,
development layout, building size, mass, or coverage, or any other change of the PUD property be
processed as a new project, including a zoning district amendment.
(7) Variations from plans. The Community Development Department shall determine whether
any proposed variation from the approved Final PUD plans shall constitute a PUD Adjustment or PUD
Amendment. The Community Development Department shall make this determination narrowly,
favoring a full Amendment process in the case of uncertainty.
(Ord. 763, passed 9-13-2021; Ord. 765, passed 10-25-2021; Ord. 767, passed 12-13-2021; Ord. 779,
passed 7-11-2022)
§ 153.048 POINTES AT CEDAR DISTRICT.
(A) Purpose. The purpose of the PCD, Pointes at Cedar District is to provide for the development
of certain real estate subject to the district for mixed land uses consistent with the direction of the Pointes
at Cedar Small Area Plan chapter of the Comprehensive Plan.
(B) Permitted uses. Permitted principal uses in the Pointes at Cedar District shall be those identified
in the Zoning District and on the PCD Zoning Map. The introduction of any other use from any district
shall be reviewed under the requirements of the PCD requirements and process.
(C) Accessory uses. Accessory uses shall be those commonly accessory and incidental to the
principal uses, as specifically identified by the approved development stage plans for each approved
project.
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(D) District performance standards. Performance standards for the development of any lot in the
Pointes at Cedar District shall adhere to the approved development stage plans and development
agreement. In such case where any proposed improvement is not addressed by the development stage
PCD plans, such improvement shall only be considered with an amendment to the development stage
plans per the process specified in the ordinance.
(E) Amendments. Where changes to any proposed project in the PCD are proposed in the manner
of use, density, site plan, development layout, building size, mass, or coverage, or any other change,
the proposer shall apply for an amendment to the approved development stage PCD plan under the terms
of the PCD text and requirements. The city may require that substantial changes in overall use of the
PCD property be processed as a new project, including a zoning district amendment.
(Ord. 776, passed 4-25-2022)
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FINISHING STANDARDS
§ 153.060 LANDSCAPING AND SCREENING.
(A) Section organization. The Monticello landscaping and screening standards are organized into
the following main divisions:
(1) Division (B), Purpose and Intent. Sets out the purpose and intent for the standards;
(2) Division (C), General Requirements for Landscaping. Includes the applicability provisions,
requirements for landscaping plans, and standards for new plantings;
(3) Division (D), Landscaping Plan Requirements. Outlines the specific information that must
be supplied to the city anytime a landscape plan is required by this chapter;
(4) Division (E), Alternative Landscaping Plan. Includes the procedures and standards for
review of alternative landscaping plans;
(5) Division (F), Standards for Vehicular Use Area Landscaping. Includes the standards for
landscaping around the perimeter and within vehicular use areas;
(6) Division (G), Standards for Perimeter Buffers. Includes the landscaping buffer standards
applied to the edges of some base zoning districts;
(7) Division (H), Standards for Required Screening. Includes the screening requirements for
site features like refuse, loading, and service areas;
(8) Division (I), Standards for Site Landscaping. Introduces standards for foundation plantings
around some buildings;
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(9) Division (J), Zoning District Specific Landscaping Standards. Outlines landscaping
standards only applicable to specific zoning districts.
(10) Section 4.1(K), Landscaping Installation and Maintenance Standards. Includes the other
standards for landscaping installation, timing, maintenance, monitoring for compliance, and incentives.
(B) Purpose and intent. It is the purpose of this section to promote and protect the public health,
safety and general welfare by providing for the planting and maintenance of trees, shrubs, and other
plants within the city. The intent of this section is to promote this purpose by:
(1) Ensuring and encouraging the planting, maintenance, restoration and survival of trees,
shrubs, and groundcover;
(2) Ensuring the protection of community residents and visitors from personal injury and
property damage, and the protection of the city from property damage, caused or threatened by the
improper planting, maintenance or removal of trees, shrubs, or other plants;
(3) Mitigating against erosion and sedimentation;
(4) Reducing stormwater runoff and the costs associated therewith;
(5) Preserving and protecting the water table and surface waters;
(6) Reducing audible noise from automobiles and land uses;
(7) Restoring soils and land denuded as a result of construction or grading;
(8) Increasing the tree canopy to provide shade and moderate the effect of urban heat islands;
(9) Limiting glare created by exterior lighting;
(10) Reducing visual pollution from the urban environment and increasing privacy between
incompatible uses;
(11) Protecting and enhancing property values and aesthetic qualities;
(12) Helping to differentiate streets and other areas of the public realm from private lands;
(13) Providing additional improvements to air quality through the carbon dioxide uptake
process provided by trees and landscaping; and
(14) Providing visual screening, where appropriate.
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(C) General requirements for landscaping.
(1) Applicability of landscaping standards.
339
(a) General. Except as exempted by § 153.060(C)(1)(b) below, the standards in § 153.060
shall apply to all development in the city.
(b) Exemptions. Development in the CCD shall be exempt from the perimeter vehicular
use area landscaping standards in § 153.060(F)(3).
(c) Landscape plan. To ensure compliance with the standards of this section, a landscape
plan demonstrating how landscaping will be planted on a development site shall be included as a part of
any application when required by the Community Development Department.
(2) Planting standards. Plantings provided in accordance with this section shall comply with
the following standards:
(a) Deciduous canopy or shade trees shall be a minimum of two caliper inches in size at
the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as
amended.
(b) Evergreen canopy trees shall be a minimum of six feet in height above ground level
at the time of planting.
(c) Understory or ornamental trees shall have a caliper of one -and -one half inches at time
of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.
(d) Deciduous or evergreen shrubs shall be upright in nature and be a minimum of 24
inches in height at the time of planting.
(e) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a
required amount of vegetation, and the ACI figure includes a fraction, an applicant may:
1. Utilize a tree or trees with a caliper inch measurement exceeding the minimum size
at time of planting standard of § 153.060(C) in order to meet the required ACI; or
2. Round the ACI figure upwards until the figure corresponds with a whole number
of trees meeting the minimum size at time of planting standard. When trees exceeding the minimum size
at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on
the Landscaping Plan.
(f) In cases where application of landscaping requirements result in a fraction in the
number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be
rounded upwards to the next highest whole number.
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(g) All landscape plant materials shall conform to the latest version of the American
Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality or
better, true to name and type of species or variety.
(h) The use of native, drought tolerant vegetation is encouraged to reduce dependency upon
irrigation.
(i) To curtail the spread of disease or insect infestation in a plant species, new tree
plantings shall comply with the following standards:
1. When fewer than 20 trees are required on a site, at least two different species shall
be utilized, in roughly equal proportions.
2. When more than 20 but fewer than 40 trees are required to be planted on site, at
least three different species shall be utilized, in roughly equal proportions.
3. When 40 or more trees are required on a site, at least four different species shall
be utilized, in roughly equal proportions.
4. Nothing in this division shall be construed so as to prevent the utilization of a
larger number of different species than specified above.
0) Required species.
1. All trees used in site developments shall be indigenous to the appropriate hardiness
zone and physical characteristics of the site.
2. All deciduous trees proposed to satisfy the minimum requirements of this policy
shall be long-lived hardwood species.
(3) Existing vegetation.
(a) It is the policy of the City of Monticello to preserve the natural forest and woodland
areas throughout the city; and with respect to specific site development, to retain, as far as practicable,
substantial tree stands which should be incorporated into the site.
(b) Existing healthy, well -formed canopy and understory trees as well as healthy shrubs
shall be credited toward the requirements of this section, provided the vegetation meets the minimum
size standards of this chapter, is protected before and during development of the site in accordance with
§ 153.061(B), Tree Protection During Construction, and is maintained thereafter in a healthy growing
condition.
(4) Stabilization. All required landscape planting areas shall be stabilized and maintained with
lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater
infiltration.
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(5) Berms.
341
(a) The slope of all berms shall not exceed a two -to -one ratio (horizontal to vertical), shall
have a top width at least one-half the berm height, and a maximum height of four feet above the toe of
the berm.
(b) All berms, regardless of size, shall be stabilized with a ground cover or other suitable
vegetation.
(c) Berms proposed to be placed along street right-of-way shall be designed and
constructed to provide adequate sight distances at intersections and shall not impair safe operation of
vehicles.
(d) Berms shall in no case damage the roots or trunks of existing healthy vegetation
designated to be preserved.
(6) Easements. Nothing except groundcover shall be planted or installed within any
underground or overhead utility, drainage, gas easement, or within three feet of a fire protection system
without the consent of the utility provider, easement holder, or the city, as appropriate.
(7) Sodding and ground cover when no landscaping or site plan is required. All areas not
otherwise improved in accordance with approved site or landscaping plans shall be seeded. Exceptions
to this criterion may be approved by the Community Development Department as follows:
(a) Seeding of future expansion areas as shown on approved plans.
(b) Undisturbed areas containing existing viable natural vegetation which can be
maintained free of foreign and noxious plant materials.
(c) Areas designated as open space or future expansion areas properly planted and
maintained with prairie grass.
(d) Use of mulch materials such as bark, rock mulch over four mil poly, and wood chips
in support of shrubs and foundation plantings.
(D) Landscaping plan requirements.
(1) Detailed landscape plans shall be required as specified in this chapter and in all cases where
site plan approval is specified by either this chapter or the subdivision ordinance.
(a) The landscape plan should illustrate planned development on the site; and
(b) The landscape plan shall be produced on a separate sheet or sheets from other required
plans such as grading, drainage, and utility plans.
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(2) Detailed landscape plans shall include the following information:
(a) In general.
1. Name and address of developer/owner.
2. Name and address of architect/designer.
3. Date of plan preparation.
4. Dates and description of all revisions.
5. Name of project or development.
6. Scale of plan (engineering scale only, at one inch equals 50 feet or less).
7. North point indication.
(b) Site analysis.
1. Boundary lines of property with dimensions based upon certified survey.
2. Name and alignment of proposed and existing adjacent on-site streets.
3. Location of existing and proposed utility rights-of-way, easements, and lines
(water, gas, electric).
4. Location of existing and proposed building.
5. Topographic contours of the minimum interval of two feet, extending at least 100
feet beyond the site boundaries.
6. Location of existing and proposed parking facilities, including curbing detail and
traffic island delineators.
7. Location of existing and proposed water bodies.
8. Location of existing and proposed sidewalks, trail corridors, and fire lanes.
9. Other existing or proposed conditions which would be expected to affect
landscaping.
10. Percentage of gross site area not covered by structures and pavement and
percentage of gross site area covered by pervious and impervious surfaces.
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(c) Landscape data.
343
1. Planting schedule (table) containing symbols, quantities, common names, botanical
names, sizes of plant material, root specification (b.r., B & B, potted, etc.) and special planting
instructions.
2. Existing trees and shrubbery, locations, common names, and approximate size.
3. Planting detail (show all species to scale at normal mature crown diameter or
spread for local hardiness zone).
4. Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas,
berms, and the like.
materials used.
5. Typical sections of landscape islands and planter beds with identification of
6. Details of planting beds and foundation plantings.
7. Note indicating how disturbed soil areas will be restored through the use of
sodding, seeding, or other techniques.
8. Delineation of both sodded and seeded areas with respective areas in square feet.
9. Coverage plan for underground irrigation system, if any.
10. Exterior lighting plan (as applicable).
(d) Special conditions. Where landscape or man-made materials are used to provide
ordinance or policy -required perimeter buffering/screening from adjacent and neighboring properties,
a cross -through section shall be provided showing the perspective of the site from the neighboring
property at the property line elevation.
(E) Alternative landscaping plan.
(1) Purpose. In cases where development conditions require a deviation from the landscaping
standards in this section or the tree protection standards in § 153.061, Tree Protection, an alternative
landscaping plan shall be required. An alternative landscaping plan shall indicate how compliance with
the standards in this chapter is impossible or impractical, and shall illustrate how compliance can be
achieved to the maximum extent practicable. Nothing in § 153.060(E) shall prohibit a development
configuration that meets or exceeds the landscaping and tree protection standards in this chapter.
(2) Justification. Alternative plans, materials, or methods may be justified due to:
(a) Natural conditions, such as streams, natural rock formations, or topography;
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344 Monticello - Land Usage
(b) The likelihood that landscaping material would be ineffective at maturity due to
topography, placement, or other existing site conditions;
(c) Lot size or configuration;
(d) The presence of utility or other easements;
(e) The potential for interference with public safety; and
(f) Other situations where strict adherence to the landscaping or tree protection standards
in this Chapter are determined to be impractical by the Community Development Department.
(3) Allowable deviations. The Community Development Department may approve an
alternative landscape plan if it meets the purpose and intent of § 153.060, Landscaping and Screening,
or § 153.061, Tree Protection, as appropriate. Allowable deviations from the standards of this section
include, but are not limited to the following:
(a) Reduced planting rates due to public facilities. An adjustment to planting locations or
reduction of up to 20% in the type or total number of required caliper inches may be allowed when
underground connections to public facilities, public utilities, or public easements or right-of-way cause
difficulty in meeting the required standards.
(b) Reduction in standards due to nature of parcel. A reduction in the count, spacing, or
species variety standards by up to 20% may be allowed where the reduction is desirable in terms of
protection of existing natural resources, better consistency with the goals of the comprehensive plan, or
a site design that exceeds the quality of what would otherwise result under a strict application of the
standards in this chapter, in the opinion of the Community Development Department.
(c) Reduction in standards in recognition of native plantings and/or restoration plan. A
reduction of up to 10 % in the type or total number of required caliper inches may be allowed where the
reduction is desirable as an incentive to encourage the use of native plantings and/or the restoration of
native plantings on lands dedicated for open space.
(d) Planting on adjacent or alternative sites. In cases where required plantings cannot be
easily sited on the subject parcel, alternative locations on adjacent or nearby parcels may be proposed.
(4) Alternative landscape plan informational requirements. Alternative landscape plans shall
provide the same information required by a general landscape plan as outlined in § 153.060(D).
(F) Standards for vehicular use area landscaping. Except where exempted by § 153.060(F)(1)
below, all vehicular use areas shall include landscaping both within the interior of the vehicular use area
and around its perimeter, as a means of mitigating the parking area's microclimate and visual impacts.
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345
(1) Exemptions. The following uses shall be exempt from the requirements to provide vehicular
use area landscaping:
(a) Single-family detached residential development;
(b) Two- to four -family dwellings;
(c) Off-street surface vehicular use areas with four or fewer spaces;
(d) Parking structures; and
(e) Vehicle display areas for vehicle sales uses.
(2) Interior vehicular use area landscaping standards. All vehicular use areas shall provide and
maintain landscaped planting areas within the interior of the vehicular use area in accordance with the
following.
(a) Configuration. Interior planting areas shall be designed in accordance with the
following standards:
1. Islands shall be located at the end of parking bays and have a minimum size of 180
square feet when adjacent to single loaded parking spaces, and a minimum size of 360 square feet when
adjacent to double loaded parking spaces (see Figure 4-1: Interior Parking Islands).
Figure 4-l: Interior Parking Islands
Parking lots with single -loaded spaces shall
F provide landscaping islands of 180 sq fr_
Landscaping islands shall be increased to
- ~ 360 sq ft for parking lets which use double
loaded parking spaces. [See section 4.1(F}jZ}(a}]
Ta: �
Each interior planting island shall contain
at least one canopy or understory tree per
every 180 square feet, and shrubs as necessar7areas.
occupy at least 25% of Loral landscaping island ;
[See sections 4.1 fl(2)(a)(A & vii)].
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Monticello - Land Usage
111111111111 IIEf11111111111111111111 11111111111111111111111111111111111111111111111111
11111111 111111111111111111111111 IIff1111111111111111111111f�1111111111111111111111
1111111 IIff11111111111111111111 111f1111111111111E111111111f1111111111111111111111
111111 IIIf11111111111111111111 IIIf1111111111111111111111111111111111111111111111
2. The maximum length of a parking bay to be bounded by interior planting islands
shall be in accordance with Table 4-1.
TABLE 4-1: LANDSCAPED ISLAND REQUIREMENTS
Use Type
Maximum Number of Parking Stalls Between Islands
Residential Uses
Multi -family Uses
12 stalls between islands
Commercial, Civic, and Institutional Uses
Commercial Uses
24 stalls between islands
Civic & Institutional Uses
24 stalls between islands
Industrial Uses
Industrial & Business Campus District Uses
24 stalls between islands
All Other Industrial Uses
50 stalls between islands
3. Landscaped planting areas shall be distributed throughout the parking area for the
purpose of heat abatement.
4. Driveway and primary drive aisle medians shall have a minimum width of four
feet for medians containing shrubs and six feet for medians containing both shrubs and understory trees.
5. Each interior planting island shall contain at least one canopy or understory tree
per every 180 square feet, or portion thereof, of the total landscape island area.
6. Shrubs shall be planted within landscaping islands at a minimum rate necessary
to ensure that at least 25 % of the total land area occupied by landscaping islands is planted with shrubs.
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Zoning 347
(b) Protection of planting areas. Except as exempted by the Community Development
Department, all planting areas shall be protected from vehicle damage by the installation of curbing,
wheel stops, or other comparable methods. This standard shall not prohibit the use of planting areas as
on-site stormwater management devices.
(3) Perimeter vehicular use area landscaping standards. Where a vehicular use area serving
a use subject to these standards abuts a street right-of-way, vacant land, or any other development
(except another vehicular use area), perimeter landscaping strips shall be provided and maintained
between the vehicle use area and the abutting right-of-way or property line in accordance with the
following standards (perimeter vehicular use area landscaping counts towards overall required site
landscaping, see division (11)(3)).
(a) Location.
1. Perimeter landscaping strips shall be located on the same land where the vehicular
use area is located, and shall be placed to assure visibility and safety of pedestrians on the public street,
as well as those within the vehicular use area.
2. Perimeter landscaping strips may not be placed within future street rights-of-way
as may be identified on the City's Official Map.
(b) Minimum width. When a vehicular use area is located within 50 feet of a street
right-of-way, the perimeter landscaping shall be located within a planting strip at least six feet wide. In
all other instances, the strip shall be the minimum width necessary to assure required landscaping is not
damaged by vehicles or other on-site activity. In no instance shall the strip be less than three feet wide.
(c) Protection of landscaping strip. Except as exempted by the Community Development
Department, the perimeter landscaping strip shall be protected from vehicle damage by the installation
of curbing, wheel stops, extra width in the landscaping strip, or other comparable methods. This
standard shall not prohibit the use of perimeter landscaping strips as on-site stormwater management
devices.
(d) Required Materials (see Figure 4-3). Each perimeter landscaping strip shall include
at least eight aggregate caliper inches (ACI) of canopy trees per 100 linear feet of landscaping strip, and
the remaining ground shall be landscaped (sod, mulch, etc).
(e) Adjacent to perimeter buffers. Perimeter landscape strips associated with a vehicle use
area may be credited towards perimeter buffer standards [See § 153.060(G), Standards for Perimeter
Buffers], provided the minimum buffer standards of this section are met.
(f) Adjacent to off-street surface parking on other lots. Where two or more off-street
surface vehicular use areas are located adjacent to one another, but upon different lots, no perimeter
landscaping strip shall be required between the two vehicular use areas.
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Figure 4-3: PerinneterYehicular
Use Area Landscaping
Standards
Within the required b' vehicular
perimeter buffer area, at least eight J
aggregate caliper inches (ACI) of canopy f
trees shall be provided per 100', and said
area shall be landscaped with sod, mulch or
other similar materials). s• n '
O�
(4) Incentives for improved design.
(a) The total aggregate caliper inch requirements for canopy and understory trees in
§ 153.060(F) may be reduced by 5 % when:
1. At least 65 % of the provided parking is located to the side or rear of the building;
2. At least 30% of the total required parking is subject to a shared parking agreement;
and
3. When pervious parking surfacing is used for 20 % or more of the total vehicular
use area.
(b) The above incentives maybe combined to achieve a cumulative reduction in the amount
of required tree ACI.
(G) Standards for perimeter buffers.
(1) Purpose and intent. Perimeter landscape buffers are intended to mitigate potential negative
effects of different contiguous uses.
(2) Applicability. Except for adjoining single-family detached residential uses, adjoining
commercial and industrial uses occurring within the same zoning district boundary, and uses in the CCD
district, all development shall provide a perimeter landscape buffer to separate it from uses in a different
use classification in accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type Application.
(3) Types of buffers. Table 4-2: Buffer Types, describes four different buffering types in terms
of their function, opacity, width, and planting requirements. Where a particular buffer type is required
in Table 4-3: Buffer Type Application, the requirement may be met with the combination of minimum
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buffer width and minimum screening requirements specified under either Option 1 or Option 2. Where
an option utilizing a fence or wall is selected, the fence or wall shall comply with the standards of
Section 4.3, Fences and Walls.
TABLE 4-2: BUFFER TYPES
ACI =AGGREGATE CALIPER INCHES
Minimum Screening Requirements Within the
Perimeter Buffer [1][2][3][4]
Buffer Type and Configuration
Option 1: Minimum Width of
Option 2: Minimum Width of 10
20 feet
feet [5]
TYPE A - BASIC BUFFER
This perimeter buffer functions as basic edge
2 ACI of canopy trees + 10 ACI of understory trees + 15 small
demarcating individual properties with a slight
shrubs per 100 linear feet
visual obstruction from the ground to a height
of ten feet.
TYPE B - AESTHETIC BUFFER
This perimeter buffer functions as an
8 ACI of canopy trees + 10
2 ACI of canopy trees + 14 ACI
intermittent visual obstruction from the ground
ACI of understory trees + 15
of understory trees + 35 small
to a height of at least 20 feet, and creates the
small shrubs per 100 linear
shrubs per 100 linear feet
impression of special separation without
feet
eliminating visual contact between uses.
TYPE C - SEMI-OPAQUE BUFFER
This perimeter buffer functions as a
12 ACI of canopy trees + 14
One 4 -foot high berm or one
semi-opaque screen from the ground to at least
ACI of understory trees + 25
4 -foot high solid fence + 2 ACI of
a height of six feet.
small shrubs per 100 linear
canopy trees + 16 ACI of
feet
understory trees per 100 linear feet
TYPE D - OPAQUE BUFFER
This perimeter buffer functions as an opaque
18 ACI of canopy trees + 20
One 6 -foot high solid fence + 12
screen from the ground to a height of at least
ACI of understory trees + 55
ACI of canopy trees per 100 linear
six feet. This type of buffer prevents visual
small shrubs per 100 linear
feet
contact between uses and creates a strong
feet
impression of total separation.
[1]: Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall at least
five feet in height along with ten large shrubs per every 100 linear feet.
[2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with § 153.028(G) upon
approval of an Alternate Landscape Plan under the provisions of § 153.060(E) if adhering to these requirements is not
possible.
[3]: In cases where an adjacent use is designed for solar access, understory trees can be substituted for canopy trees.
[4]: Required plantings shall conform to the planting standards outlined in § 153.060(C)(2).
[5]: Fences and walls shall comply with the standards in § 153.062, Fences and Walls.
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(4) Determination of required buffer type. Table 4-3 specifies the type of perimeter landscape
buffer that new development shall provide between it and adjacent property, based on the uses present
on the development site and that on the adjacent property. The buffer type is indicated by a letter
corresponding to one of the four buffer types depicted in Table 4-2, Buffer Types.
TABLE 4-3: BUFFER TYPE APPLICATION
Existing Use Type on Abutting Land [l]
Proposed Use Type
Single -Family
All Other
Civic and
Office and
Industrial
Residential
Residential
Institutional
Commercial
Uses
Uses
Uses
Single-family residential
n/a
A
B
C
D
All other residential
A
n/a
A
B
D
Civic and institutional
B
A
n/a
A
D
uses
Office and commercial
C
B
A
n/a
C
uses
Industrial uses
D
D
D
C
n/a
[11: Letters in cells correspond to the buffer types listed in Table 4-2, Buffer Types.
[21: Multi -family, townhouse, multi -building campus or shopping center type developments shall provide buffers
around the perimeter of the development instead of around individual buildings.
(5) Location of perimeter buffers.
(a) Perimeter buffers required by this section shall be located only along the outer
perimeter of the parcel where it abuts another parcel, and shall extend to the parcel boundary line or
right-of-way line.
(b) In an industrial district, perimeter buffers are not required along lot lines abutting
streets except as provided for in Tables 4-2 and 4-3 when abutting non -industrial districts. In such cases,
the outdoor operation or storage components shall include perimeter buffers as necessary to screen
outdoor use areas from off-site views.
(c) A perimeter buffer may be located along shared access easements between parcels in
nonresidential developments.
(6) Responsibility for buffer installation.
(a) Vacant parcels. Where a developing parcel is adjacent to a vacant parcel and a
perimeter buffer is required in accordance with this section, the developing parcel shall provide a
minimum of one-half of the perimeter buffer required adjacent to the vacant land.
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(b) Existing land uses. Where a developing parcel is adjacent to an existing use and a
perimeter buffer is required in accordance with this section, the developing parcel shall provide the full
perimeter buffer required adjacent to the existing use in accordance with Table 4-2, Buffer Types, and
Table 4-3: Buffer Type Application, unless a portion or all of a perimeter buffer that complies with the
standards of this section already exists between the lots. Where all or part of a perimeter buffer exists,
but the buffer does not fully comply with the standards of this section, the developing parcel shall be
responsible for providing all the additional planting material necessary to meet the standards of this
section.
(7) Development within required buffers.
(a) The required buffer shall not contain any development, impervious surfaces, or site
features (except fences or walls) that do not function to meet the standards of this section or that require
removal of existing vegetation, unless otherwise permitted in this chapter.
(b) Sidewalks, trails, and other elements associated with passive recreation may be placed
in perimeter buffers if all required landscaping is provided and damage to existing vegetation is
minimized to the maximum extent practicable.
(c) Overhead and underground utilities required or allowed by the city are permitted to
cross a required buffer in a perpendicular fashion, but shall minimize the impact to vegetation to the
maximum extent practicable. Where required landscaping material is damaged or removed due to utility
activity within a required buffer, the landowner shall be responsible for replanting all damaged or
removed vegetation necessary to ensure the buffer meets the standards in this chapter.
(8) Sight triangles. Fencing, berms, walls, and all other landscaping features shall adhere to
the requirements of § 153.042(D)(2)(b), Corner Visibility.
(9) Credit for existing vegetation. Existing vegetation meeting the size standards of
§ 153.060(C)(2), Planting Standards, located within the perimeter buffer area may be preserved and
credited toward the perimeter buffer standards.
(H) Standards for site landscaping.
(1) Purpose and intent. Site landscaping material is intended to soften the visual impact of
building foundations and provide for the even dispersal of trees across a development site.
(2) No exceptions. The site landscaping provisions of § 153.060(H) shall be required for all
development.
(3) Distinguished from other required landscaping. Site landscaping, for the purpose of this
section, is exclusive of required perimeter buffer and screening landscaping. Plantings required to meet
vehicular use area and perimeter vehicular use area landscaping standards can be counted towards
meeting site landscaping requirements.
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(4) Site landscaping standards. Site landscaping shall be supplied in the amounts identified in
Table 4-4: Required Site Landscaping Plantings. Site landscaping shall meet the minimum size standards
for new planting specified in § 153.060(C)(2), Planting Standards.
TABLE 4-4: REQUIRED SITE LANDSCAPING PLANTINGS
Use Type [I]
F Required Plantings Per Site [2][3][41
General Standards
Single-family detached and
4.0 ACI of canopy trees OR
Multi -family dwellings with
[7]
less than five (5) units [5] [6]
Multi -Family Dwellings with
16.0 ACI of canopy trees (including at least 3 evergreen trees) per acre + at least 2
five (5) or more units
shrubs per each 10 feet of building perimeter, or as may be otherwise specified in the
zoning district
Civic & Institutional Uses
14.0 ACI of canopy trees (including at least 2 evergreen trees) per acre + at least 1
shrubs per each 10 feet of building perimeter
Office & Commercial Uses
10.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at least 2
shrubs per each 10 feet of building perimeter
Industrial Uses
4.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at least 1
shrub per every 10 feet of a building wall facing a public right-of-way
District Specific Standards
TN District lot standards
See § 153.060(J)(2)
(all plantings must be in the
front or side yards, and all
shrub and flower plantings
must be in the front yard)
CCD lot standards
See § 153.060(J)(3)
IBC District lot standards
See § 153.060(J)(4)
NOTE: ACI = Aggregate Caliper Inches
[1]: See Table 5-1, Uses By District.
[2]: At least 1/2 of the required shrubs shall be of an evergreen variety.
[3]: Each evergreen tree meeting the minimum size standards of this section shall count as two caliper inches towards
the total number of required canopy tree caliper inches.
[4]: Credits towards required landscaping are available for the retention of non -specimen trees per the provisions of
§ 153.61(D), Tree Preservation Incentives.
[5]: Required landscaping trees shall be planted within the boulevard.
[6]: Lots in the T -N District shall not adhere to these standards, but instead to the specific standards listed in
§ 153.061(J)(2).
[7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of canopy trees)
(5) Shrub placement. Required shrubs shall be placed around the building perimeter, a
minimum of three feet from the building, with emphasis placed on screening building foundations visible
from the public right-of-way. Required shrubs may be planted up to ten feet from the building, or up to
15 feet from the building if there is a sidewalk located between the planting area and the building wall.
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Zoning 353
(6) Tree placement. Trees serving as site landscaping shall be dispersed across a site in
accordance with good planting practice and the following priority listing:
(a) In yards between a building facade and a street right-of-way where no vehicular use
area landscaping is required;
(b) Between a building and an adjacent lot with an existing use that provides more than
50% of the vegetative material associated with a required perimeter buffer;
(c) Between a building fagade and an abutting lot with the same or a more intense zoning
district classification (where no perimeter buffering is required);
(d) Within open -space set-aside areas with no existing or reforested trees;
(e) Adjacent to on-site areas of pedestrian or vehicular circulation where no other
vegetative material is required (e.g., drive-thrus or stacking lanes); or
(f) Other areas near accessory structures or accessory uses.
(I) Standards for required screening.
(1) General requirements. In addition to the other forms of required landscaping, screening
shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from
off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent
uses, districts, or other proximate landscaping material.
(2) Items to be screened. The following areas shall be screened in accordance with this section:
(a) Anything specifically called out by this chapter as requiring screening.
(b) Large trash handling and recycling collection areas (e.g., dumpsters and cardboard
recycling containers).
(c) All loading and service areas shall be screened and landscaped from abutting and
surrounding residential uses and public rights-of-way.
(d) Allowed outdoor storage areas adjacent to a public right-of-way.
(e) New construction, demolition, or other site conditions that could be unsafe for
pedestrians or vehicles.
(3) Screening methods. The following items are permitted for use as screening materials, and
more than one method may be used on a lot or site.
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(a) Vegetative materials that can provide a 90% opacity -year round screen and which are
the minimum height necessary to screen the facility from offsite views; or
Walls.
(b) An opaque fence or wall meeting the following requirements:
1. The fence or wall shall be consistent with the standards in § 153.062, Fences and
2. The fence or wall shall be constructed of masonry, brick, wood, or steel.
3. The fence or wall shall provide a solid screening effect and not exceed the
maximum height allowed for fences or walls in the underlying zoning district, or be less than six feet
in height.
4. The design and materials used in constructing a required screening fence shall be
subject to the approval of the Community Development Department.
(c) Alternative screening materials that are not listed above or alternative configurations
may be proposed as part of an alternative landscaping plan [see § 153.060(E)], if the alternative materials
or configuration provide an equivalent or superior screening function.
(4) Configuration of vegetative materials. In cases where vegetative materials are used for
screening in accordance with this division, the vegetative materials shall:
(a) Be planted around the perimeter of the site feature to be screened in a manner that
screens the site feature from all off-site views;
(b) Be configured in two staggered rows or other arrangement that provides maximum
screening;
(c) Be upright, large evergreen shrubs and capable of reaching at least six feet in height
within three years of planting; and
(d) Be spaced no farther than three feet on -center.
(5) Rooftop screening.
(a) General roof penetrations. All roof vents, pipes and/or other roof penetrations (except
chimneys), shall be fully screened, located on the rear elevations, or be otherwise configured to the
maximum extent practicable to have a minimal visual impact as seen from a public street.
(b) Exceptions. Rooftop screening standards shall not apply to I-1 or I-2 zoned properties.
(c) Roof -based mechanical equipment.
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1. Parapet walls or other techniques included as an integral part of the building design
shall be used to totally screen any roof -based mechanical equipment from public rights-of-way or
adjacent lands.
2. In cases where roof -based mechanical equipment are too tall to be screened by a
parapet wall, or if changes in the surrounding grade make rooftops with parapets visible from public
rights-of-way or adjacent lands, a rooftop screening system shall be used for screening (see Figure 4-4).
Figure 4-4. Rooftop Screening System Examples
Rooftop screening systems shall be subject to approval of the
Cornmunky Development Department, and shall be of similar design
to the examples shown here- Example"A" illustrates a metal louver A 00i, -
wall for general screening from below. Example"B" illustrates the use dwe
of lattice to even screen From above. The before and after photos
provide further illustration of proper rooftop screening design.
BEFORE
AFTER
(J) Zoning district specific landscaping standards.
(1) Residential Amenities (RA) District Landscaping Requirements. RESERVED.
(2) Traditional Neighborhood (TN) District Landscaping Requirements. Lots in the TN district
shall adhere to the following additional landscaping requirements:
(a) No less than 60% of the square footage of the front yard area shall be planted in garden
meeting the following requirements:
Four caliper inches of canopy trees plus two ornamental trees. Trees may be
planted in front or side yard.
2. No less than one shrub per 20 square feet of front yard area.
3. No less than one deciduous flower planting per 20 square feet of front yard area.
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356 Monticello - Land Usage
(b) No private driveway leading to a garage may be more than 18 feet in width at the front
yard property line.
(c) Lot area that is not covered by shrubs and trees may be covered with lawn, gardens,
and patios or decks.
(d) A landscaping plan must be approved by the Community Development Department
prior to issuance of a building permit.
(e) A landscape security shall be provided to ensure the landscaping of each lot in
accordance with this section.
(3) CCD District Landscaping Requirements.
(a) No less than 10% of any parcel shall consist of landscaping, including plant materials,
decorative paved surfaces, landscape structures, public art, water features, or other similar site
improvements. This percentage shall not include required landscaping within parking lots or circulation
areas, but may include pedestrian areas on private property. Tree and shrub planting shall be as required
by § 153.060(H), but may include trees planted within the public right-of-way abutting the property line
toward meeting this replacement.
(b) Landscaping within parking and circulation areas shall be as required by § 153.060(F).
(c) All other landscaping requirements of § 153.060 shall apply within the CCD.
(4) Industrial and Business Campus (IBC) District Landscaping Requirements. RESERVED.
(K) Landscaping installation and maintenance standards.
(1) Time for installation of required landscaping.
(a) Time limit. All required landscaping (including mulching and seeding) shall be installed
in accordance with the required planting standards set forth in this section prior to issuance of a
certificate of occupancy unless the Community Development Department grants an extension to this time
limit in accordance with § 153.060(K)(1)(b) below.
(b) Extensions.
1. The Community Development Department may, for good cause shown, grant
extensions to the above time limit, allowing a developer/owner to delay the installation of required
landscaping. Circumstances that may warrant an extension include but are not limited to the following:
a. Unusual environmental conditions such as drought, ice, or over -saturated soil
(deep mud);
2022S-3
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357
b. It is not yet the appropriate planting season for the approved plant species;
c. Credible evidence that the approved plant species or required plant sizes are
not commercially available and cannot be substituted within a reasonable time despite an applicant's
diligent effort to secure the required materials; or
d. Completion of utility work occurring in a proposed landscaped area is
incomplete or delayed.
2. Upon receipt of a performance guarantee, the city may issue a temporary certificate
of occupancy for a maximum period of up to 180 days.
(2) Maintenance of landscaping materials. The owner shall be responsible for the maintenance
of all required landscaping. Such areas shall be maintained in accordance with the approved landscape
plan or alternative landscape plan and shall present a healthy and orderly appearance free from refuse
and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be
replaced if it dies, is seriously damaged, or removed.
(a) Damage due to natural occurrence. In the event that any vegetation or physical element
functioning to meet the standards of this section is severely damaged due to an unusual weather
occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic
animals, the owner or developer may be required to replant if the landscaping standards are not being
met. The owner shall have one growing season to replace or replant. The Community Development
Department shall consider the type and location of the landscape buffer or required vegetation area as
well as the propensity for natural re -vegetation in making a determination on the extent of replanting
requirements.
(b) Protection during operations. The owner or developer shall take actions to protect trees
and landscaping from unnecessary damage during all facility and site maintenance operations. Plants
shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections,
obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails.
(c) Maintain shape. All required trees (whether canopy, understory, or otherwise) shall
be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped,
or shaped as shrubs. Trees that have been severely pruned, sheared, topped, or shaped as shrubs which
no longer serve the intended buffering or screening function shall be considered as damaged vegetation
in need of replacement in accordance with § 153.060(K)(2)(a) Damage Due to Natural Occurrence, and
shall be replaced within one growing season.
(d) Natural death. The natural death of existing vegetation within any required landscape
area does not necessarily constitute a violation and does not require re -vegetation to replace the plant
material unless the required landscape area no longer complies with the required standards of this
section. Further, the screening is expected to remain effective continually, so any plant material which
dies or ceases to function as a screen shall be replaced or reinforced immediately to conform to city
ordinance.
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358 Monticello - Land Usage
(3) Agreement and security. A landscaping security shall be submitted with the building permit
application. Such security guarantees that in exchange for building permit, the owner will construct,
install and maintain all items shown on the approved plan and that they will replace and or correct any
deficiencies or defaults that occur in the plan for a period of one complete year or two complete growing
seasons subsequent to the complete installation according to approved landscaping plan.
§ 153.061 TREE PROTECTION.
(A) Purpose. The purpose of this section is to preserve existing natural resources of the community
and to encourage the greening of the city. The City Council finds that the preservation of trees and other
vegetation, where practicable, is in the best interest of city residents' health and welfare. To that end,
the City Council has found it necessary and desirable to establish regulations to ensure the city preserves
its most significant trees and clusters of exiting trees throughout the city.
(B) Protection of specimen trees.
(1) Applicability.
(a) In general. All development in the city, except that exempted in accordance with
153.061(B)(1)(b) below, shall be required to protect specimen trees in accordance with this section.
(b) Exemptions. The following development shall be exempt from these standards:
1. Development on land within the CCD zoning district and all other commercially
and industrially zoned properties;
2. Development on land containing an existing single-family detached residential
dwelling on a lot -of -record which cannot be further subdivided.
(2) Separate plan required. The location, species, and size of all specimen trees to be retained
in accordance with this section shall be depicted on a separate inventory and protection plan clearly
depicting all required information.
(3) General requirement.
(a) No specimen tree may be removed, except in accordance with § 153.061(B)(4),
Removal of a Specimen Tree ("specimen tree" is defined in § 153.012).
(b) All specimen trees shall have the following protections, whether located on public or
private land:
1. Cutting, removal, or harm prohibited. Specimen trees shall not be cut, removed,
pushed over, killed, or otherwise harmed.
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Zoning 359
2. Paving or soil compaction prohibited. The area within the dripline of any specimen
tree shall not be subject to paving or soil compaction greater than 10% of the total area within the
dripline, or within 12 feet of the tree trunk.
(4) Removal of a specimen tree. Specimen trees may be removed if the landowner demonstrates
to the Community Development Department that one of the following sets of conditions is met:
(a) Removal of a healthy specimen tree. A specimen tree that is in healthy condition may
only be removed if all of the following standards are met:
1. The specimen tree prevents development of a lot platted prior to the effective date
of this chapter as denoted in § 153.004 in a way that limits building area to less than otherwise allowed,
or hinders compliance with the standards in §§ 153.040 through 153.047, §§ 153.060 through 153.072,
and §§ 153.090 through 153.093.
2. Mitigation is provided in accordance with § 153.061(B)(5),
Replacement/Mitigation of Specimen Trees.
(b) Removal of a severely diseased, high risk, or dying specimen tree. A specimen tree that
is certified as being severely diseased, high risk, or dying by a certified arborist may be removed without
required mitigation.
(5) Replacement/mitigation of specimen trees. Those causing the destruction or removal of a
healthy specimen tree, unless exempted by this chapter, shall be responsible for the following mitigation:
(a) Replacement trees required.
1. Each healthy specimen tree removed or destroyed shall be replaced with three or
more replacement trees equaling or exceeding a total of 18 aggregate caliper inches.
2. The required replacement trees shall be planted within 12 months of the removal
or destruction of the specimen tree.
(b) Location of replacement trees. Replacement trees shall be either planted on the parcel
of land from which the specimen tree was removed if sufficient space is available, or placed on nearby
lands in accordance with § 153.060(E), Alternative Landscape Plan.
(c) Establishment period. Replacement trees shall be maintained through an establishment
period of at least two complete growing seasons. The applicant shall guarantee the survival and health
of all replacement trees during the establishment period and guarantee any associated replacement costs.
If the replacement trees do not survive the establishment period, the applicant shall purchase and install
new replacement trees.
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360 Monticello - Land Usage
(C) Tree protection during construction.
(1) Owner's responsibility. During development, the owner or developer shall be responsible
for the erection of any and all barriers necessary to protect any existing or installed vegetation from
damage both during and after construction.
(2) Tree protection fencing and tree save areas.
(a) Where required. Specimen trees and other existing trees being used for credit towards
landscaping requirements shall be fenced with a sturdy and visible fence before grading or other
development activity begins. Fencing shall be erected no closer than one linear foot to the tree's dripline.
The Community Development Department shall consider the existing site conditions in determining the
exact location for tree protection fencing. Areas located inside of tree protection fencing are considered
"tree save areas".
(b) Inspection. All tree protection measures shall be inspected and approved by the city
prior to start of any land disturbing activities. Failure to have tree protection measures approved prior
to the commencement of construction is a violation of this chapter.
(c) When required. No construction, grading, equipment or material storage, or any other
activity shall be allowed within the tree save (fenced) area. Fencing shall be maintained until after the
final site inspection.
(3) Encroachments into tree save areas. Encroachments into specimen tree save areas shall
occur only when no other alternative exists. If such an encroachment is anticipated, the following
preventive measures shall be employed:
(a) Soil compaction. Where compaction might occur due to construction traffic or materials
delivery through a tree save area, the area must first be mulched with a minimum four inch layer of
wood chips. Equipment or materials storage shall not be allowed within a tree save area.
(b) Fill. No fill shall be placed within a specimen tree save area without adequate venting
to allow air and water to reach the roots.
(c) Chemical contamination. Trees located within a specimen tree save area shall be
protected from chemical contamination from liquids or other materials, including but not limited to paint,
chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle
cleaning, including rinsing of concrete truck tanks and chutes.
(d) Paving limitations. Except for driveway access points, sidewalks, curb, and gutter; no
paving shall occur within five feet of a specimen tree save area unless authorized through an alternative
landscaping plan [See § 153.060(E), Alternative Landscaping Plan].
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Zoning
(D) Tree preservation incentives.
361
(1) Tree preservation credits. In order to encourage the preservation of as many healthy trees
as practical on a development site, credit towards the minimum landscaping requirements shall be applied
to all existing trees retained on a site that are not specimen trees that comply with the credit standards
of this division. Credits are offered only for trees that are not required to be retained by other sections
of this chapter. Credits shall be granted in accordance with the following standards:
(a) Credit amount. A credit of one -and -one-quarter multiplied by the aggregate caliper of
trees that are not specimen trees shall be credited and applied towards the landscaping standards in
§ 153.060, Landscaping and Screening, when the trees that are saved comply with the following
minimum size standards:
1. Canopy trees. Canopy trees, whether deciduous or evergreen, of seven inches in
caliper or greater, measured six inches above ground level.
2. Understory/ornamental trees. Understory or ornamental trees, whether deciduous
or evergreen, of four inches in caliper or greater, measured four inches above ground level.
(b) Credit applied towards required plantings. The credit shall be applied to the aggregate
tree caliper inch standards for landscaping. In no case shall credits substitute for more than 75 % of the
required landscaping material.
(c) Exclusions to credit provisions. Dead, dying or diseased trees shall not be used towards
crediting.
(2) Reduction in the minimum number of required parking spaces. Up to a 5 % reduction in the
number of off-street parking spaces required on a development site shall be allowed if the reduction in
the amount of required pavement will preserve the root zones of existing healthy specimen trees. The
amount of reduction can be determined only after taking into consideration any unique site conditions
and the impact of the reduction on parking needs for the use, and must be agreed upon by both the
applicant and the Community Development Department. Alternative paving materials may be required
by the Community Development Department in cases where required parking areas encroach upon root
zones.
§ 153.062 FENCES AND WALLS.
(A) Purpose and intent. The purpose and intent of this section is to regulate the location, height,
and appearance of fences and walls to maintain visual harmony within residential and business districts;
protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and
ensure the safety, security, and privacy of properties.
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(B) Applicability.
Monticello - Land Usage
(1) In general. Unless exempted in accordance with § 153.062(B)(2) below, the provisions of
this section shall apply to the construction, reconstruction, or replacement of all fences or walls in the
city. In the event of any conflict between the provisions of this section and any screening standard in
§ 153.060(I), Screening, the latter shall govern.
(2) Exemptions. The following are exempted from the requirements of this section.
(a) Development in the CCD District. Development on lots in the CCD district is exempt
from the standards of this section.
(b) Recreational fencing. Customary fencing provided as a part of a permitted tennis court,
athletic field, or other recreational facility.
(c) Temporary fencing. Temporary fencing established around construction sites,
demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the
building code.
(C) General requirements for fences and walls.
(1) Location.
(a) Fences and walls are permitted anywhere on a lot subject to the following restrictions:
The corner visibility requirements in § 153.042(D)(2)(b) shall be met.
2. Fences and walls shall not be located within public right-of-way unless permitted
by the Community Development Department by written encroachment agreement.
3. Fences and walls permitted by the Community Development Department to be
within easements are subject to removal without compensation to the property owner if the city must
access the area for maintenance or improvement purposes.
4. Fences and walls shall not be permitted within conservation easements unless
specifically permitted by the easement.
(b) Fences and walls may be located directly over a property line between two or more
parcels of land held in private ownership.
(c) A certificate of survey may be required by the Community Development Department
to determine the location of fences and walls on a property.
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(2) Blocking natural drainage flow.
363
(a) No fence shall be installed so as to block or divert a natural drainage flow on to or off
of any other land.
(b) Drainage swales may not be filled to accommodate the construction of fences or walls
without alternate stormwater provisions being reviewed and approved by the Community Development
Department.
(c) Nothing in this section shall be construed to prevent the installation of temporary
fencing to protect existing trees, limit sedimentation, or control erosion.
(3) Fences and walls within buffers. Fences and walls shall be installed so as not to disturb or
damage existing vegetation or installed plant material. The perimeter fencing or wall for a single
development shall be of a uniform style that complies with the standards of this section.
(4) Permit requirements.
(a) A building permit is required for the construction of any fence or wall that will be more
than seven feet in height above grade, or for construction of a retaining wall that is more than four feet
in height from the bottom of the footing to the top of the wall.
(b) Fences which do not require a building permit under the provisions of
§ 153.062(D)(4)(a) above may be constructed without a permit, but shall adhere to all fencing
requirements in this chapter.
(D) Requirements for fences and walls by district type. All fences and walls shall conform to the
following standards. In all cases, heights are measured from finished grade on the highest side of the
fence or wall.
(1) Residential districts. In residential districts (see Table 3-1: Base Zoning Districts), fences
and walls shall conform to the following:
(a) Front yards. Fences and walls shall not exceed a height of four feet in front yards and
that part of side yards from the front lot line to the front building line.
(b) Side or rear yards.
1. Fences and walls shall not exceed a height of seven feet in side and rear yards.
2. In side or rear yards which abut a public street, fences or walls which exceed 36
inches in height must be set back at least six feet from the property line, and the setback area shall be
landscaped in accordance with the provisions of § 153.062(7)(4), Appearance.
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Monticello - Land Usage
(c) Transparency. Fences or walls located within a front yard or side yard adjacent to a
street shall maintain a minimum of 50% transparency.
(d) Access. Where any fence or wall connects to a building used as a dwelling, at least one
gate not less than two feet six inches in width shall be required to allow access around the building.
(2) Business districts.
(a) General. In business districts (see Table 3-1: Base Zoning Districts), fences and walls
shall not be permitted in front yards, except as may be allowed by the security provisions of this section,
and shall not exceed a height of seven feet in side or rear yards. If a fence is constructed on top of a
retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height
that would apply to a fence or wall alone (see also § 153.042(D)(2)(b), Corner visibility, for additional
restrictions on fence placement).
(b) Major utilities, wireless communications, governmentfacilities, and otherpublic safety
uses. Fences and walls in front, side, and rear yards of major utilities, wireless communication towers,
government facilities, and other public safety uses shall not exceed eight feet.
(3) Industrial districts.
(a) Industrial and Business Campus District.
Fences and walls shall not be permitted in front yards;
2. Fences shall adhere to the following yard -based requirements:
a. In all side yards, a fence shall not exceed seven feet in height.
b. In all rear yards, a fence shall not exceed 15 feet in height provided a building
permit is obtained for any additional height over seven feet.
3. In no event shall a fence exceed seven feet in height if the fence is located within
20 feet of a public right-of-way.
(b) I-1 and I-2 Districts.
Fences and walls shall not be permitted in front yards;
2. Fences shall adhere to the following yard -based requirements:
a. In all side and rear yards, a fence shall not exceed 15 feet in height provided
a building permit is obtained for any additional height over seven feet.
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3. In no event shall a fence exceed seven feet in height if the fence is located within20
feet of a public right-of-way.
(4) Vacant property. Vacant property may be fenced if the fence does not exceed four feet in
residential districts and eight feet in business or industrial districts, the fencing maintains a minimum
transparency of 50%, and the purpose of the fencing is to discourage unauthorized dumping or
unauthorized parking on the property. Fencing of the vacant property shall not be construed to allow use
of the property for outdoor storage.
(E) Exemption for security plan. A property owner or tenant or a representative of a public agency
responsible for a government facility, public safety use, or other use in need of heightened security may
submit to the Community Development Department a site security plan proposing fences or walls taller
than those permitted by this section or proposing the use of barbed or concertina wire atop a fence or
wall for security reasons. The Community Development Department may approve or approve with
conditions the site security plan and its proposed exemption of fences or walls from the standards of this
section, upon finding:
(1) Taller fence or wall needed for safety or security reasons. The condition, location, or use
of the property, or the history of activity in the area, indicates the land or any materials stored or used
on it are in significantly greater danger of theft or damage than surrounding land, or represent a
significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a
fence or wall; and
(2) Not have security, functioning appearance of adjacent properties. The proposed taller
fences or walls or use of barbed or concertina wire will not have a significant adverse effect on the
security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole.
(F) Perimeter fences and walls abutting public rights-of-way.
(1) Fences or walls located within 15 feet of a street or public right-of-way shall:
(a) Be of a uniform style;
(b) Be located outside the public right-of-way;
(c) Include breaks, offsets, access points, or other design details in the wall plane at least
every 200 feet;
(d) Comply with the standards in § 153.062(7), Appearance; and
(e) Comply with the requirements of § 153.060(I), Standards for Required Screening (if
applicable).
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(2) New residential developments shall be required to construct conforming fencing along the
rear yards of all double frontage lots that back up to collector or arterial roadways.
(G) Prohibited fences. Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood,
wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials
have been recycled and reprocessed for marketing to the general public as building materials that
resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made
from recycled plastic and fiber). No metal "t" posts shall be permitted.
(H) Chain link fencing. Chain link fencing shall be allowed, subject to the following standards:
(1) All districts. In all districts, chain link fences must have a top rail, and barbed ends must
be placed at the bottom of the fence.
(2) Residential districts. Chain link fencing is permitted on lots within residential zoning
districts provided it does not include opaque slats, and does not exceed a height of four feet.
(3) Business districts. Chain link fencing shall not be allowed on lots within a business zoning
district unless expressly authorized through approval of a security plan under the provisions of
§ 153.062(E).
(4) Industrial districts. Chain link fencing shall be allowed on lots within industrial zoning
districts provided it does not include opaque slats and is coated with black or dark green vinyl.
(I) Barbed or razor wire. Barbed or razor wire is prohibited except as expressly authorized through
approval of a security plan under the provisions of § 153.062(E).
(J) Appearance.
(1) Customary materials. Fences and walls shall be constructed of any combination of treated
wood posts and vertically-oriented planks; maintenance free vinyl, rot -resistant wood; wrought iron;
decorative metal materials; brick; stone; or masonry materials. Where wood, masonry, or other opaque
materials are specified for particular types of screening or buffering fences or walls, all other fence
materials are prohibited.
(a) In residential districts, metal materials of 14 -gauge or better, when treated with
factory -applied weather resistant coating or galvanized, and framed at top and bottom with materials as
listed in division (J)(1) above are permitted.
(b) Metal or vinyl fence used for garden areas in residential areas may not exceed 24
inches in height.
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(c) In the I-2 District, metal fences may be permitted when the materials have been
recycled and reprocessed to resemble new building materials and are designed for use as a fencing
material, and when such materials are designed to resemble allowed materials as listed in section (J)(1)
above.
(2) Finished side to outside. Wherever a fence or wall is installed, if one side of the fence or
wall appears more "finished" than the other (e.g., one side has visible support framing and the other
does not), then the more "finished" side of the fence shall face the perimeter of the lot rather than the
interior of the lot.
(3) Compatibility of materials along a single lot side. All fencing or wall segments located
along a single lot side shall be composed of a uniform style and colors compatible with other parts of
the fence and with the associated buildings.
(4) Landscape screening. All fences and walls exceeding four feet in height and located within
15 feet of a public street right-of-way in all districts, or as otherwise required by this chapter, shall be
supplemented with landscape screening in accordance with the following standards to soften the visual
impact of the fence or wall.
(a) Shrubs required. One evergreen shrub shall be installed for every fifteen linear feet of
fence or wall, on the side of the fence or wall facing the public street right-of-way. Shrubs shall meet
the size standards of § 153.060(C)(2) Planting Standards, and may be installed in a staggered, clustered,
grouped, or linear fashion.
(b) Substitution of understory trees. One understory or ornamental tree may be substituted
for every three evergreen shrubs provided that the tree meets the size standards of § 153.060(C)(2)
Planting Standards.
(c) Integration with other required landscaping. Required landscape screening for fences
or walls may be integrated into the landscaping required for vehicular use area screening or perimeter
buffers, provided the standards in § 153.060 Landscaping and Screening Standards, are maintained.
(5) Maintenance required. Every fence or wall must be maintained in a condition of reasonable
repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute
a nuisance. Fences or walls in a state of disrepair may be removed by the city as provided by Minnesota
Statutes. The cost of removing fences may be levied against the property as a special assessment.
§ 153.063 EXTERIOR LIGHTING.
(A) Purpose. The purpose of this section is to regulate light spillage and glare to ensure the safety
of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent
properties. More specifically, this section is intended to:
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368 Monticello - Land Usage
(1) Regulate exterior lighting to mitigate adverse impacts. Regulate exterior lighting to assure
that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and
motorists;
(2) Ensure proper insulation. Ensure that all site lighting is designed and installed to maintain
adequate lighting levels on site while limiting negative lighting impacts on adjacent lands; and
(3) Provide security. Provide security for persons and land.
(B) Applicability.
(1) In general. The provisions of this section shall apply to all development in the city unless
exempted in accordance with § 153.063(C) below.
(2) Time of compliance. An exterior lighting plan shall be submitted and approved along with
an application for a site plan [§ 153.028(F)], subdivision [City Code], building permit [§ 153.028(I)],
or temporary use permit [§ 153.028(L)], whichever occurs first.
(C) Exemptions. The following is exempted from the exterior lighting standards of this section.
(1) Single-family detached dwellings;
(2) Existing athletic field lighting;
(3) City -owned, -operated, or -maintained street lights located within a street right-of-way or
other easement granted to the city; and
(D) General standards for exterior lighting.
(1) Hours of illumination. Public and institutional uses, commercial uses, and industrial uses
(See Table 5-1) that are adjacent to existing residential development or vacant land in residential districts
shall turn off all exterior lighting—except lighting necessary for security or emergency purposes—within
one hour of closing. For the purposes of this division, lighting "necessary for security or emergency
purposes" shall be construed to mean the minimum amount of exterior lighting necessary to illuminate
possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor
storage areas. Such lighting may be activated by motion sensor devices.
(2) Illumination direction. In all districts, lighting shall be directed downward. In addition,
upwardly -directed lighting shall not be used to illuminate structures, except for low -wattage architectural
lighting or lighting for the American flag.
(E) Design standards for exterior lighting. All exterior lighting shall meet the following standards:
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(1) Maximum lighting height.
369
(a) Except for outdoor sports fields or performance areas, the height of outdoor lighting,
whether mounted on poles or walls or by other means, shall be no greater than 16 feet in residential
districts and no greater than 25 feet in business districts.
(b) Wherever possible, illumination of outdoor seating areas, building entrances, and
walkways shall be accomplished by use of ground mounted fixtures not more than four feet in height.
(2) Shielding.
(a) Exterior. Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses
or hoods to prevent glare or spillover from the project site onto adjacent lands and streets.
(b) Interior. No interior light source shall be positioned, aimed, or configured so as to
result in the light source being visible from land occupied by existing residential development.
(c) Canopies. No light source in a canopy structure shall extend downward further than
the lowest edge of the canopy ceiling.
(d) Awnings. Awnings or canopies used for building accents over doors, windows, etc.,
shall not be internally illuminated (i.e., from underneath or behind the awning). Illumination casting
downward from the awning may be allowed provided that the light source shall not extend downward
farther than the lowest edge of the awning.
(3) Maximum illumination levels. All outdoor lighting and indoor lighting visible from outside
shall be designed and located so that the maximum illumination measured in footcandles at ground level
at a property line or right-of-way center line shall not exceed the standards in Table 4-5, Maximum
Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style).
TABLE 4-5: MAXIMUM ILLUMINATION LEVELS
Type of Use [11
Maximum Illumination (footcandle)
All uses
0.5 at all ROW center lines
Residential or civic & institutional use
0.5 at property line
Commercial or industrial use [21
1.0 at property line
Parking lots
1.0 at property line
[11: See Table 5-1: Uses by District
[21: The minimum illumination level at the property line shall be 0.2 footcandle.
(F) Wall pack lights. Wall packs on buildings may be used at entrances to a building to light unsafe
areas. They are not intended to draw attention to the building or provide general building or site lighting.
Wall packs on the exterior of the building shall be fully shielded (e.g., true cut-off type bulb or light
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370 Monticello - Land Usage
source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably
100 watts or lower). Wall pack light sources visible from any location off the site are prohibited.
(G) Exemptions for a security plan. Government facilities, parks and open areas, public safety, and
other uses (see Table 5-1) where sensitive or dangerous materials are stored may submit to the
Community Development Department a site security plan proposing exterior lighting that deviates from
the standards in this division. The Community Development Department shall approve, or approve with
conditions, the site security plan and its proposed deviation from the standards of this division, upon
finding that:
(1) Deviation necessary to protect public or ensure security. The proposed deviation from the
standards is necessary for the adequate protection of the public;
(2) Significantly greater danger of theft or damage without additional lighting. The condition,
location, or use of the land, or the history of activity in the area, indicates the land or any materials
stored or used on it are in significantly greater danger of theft or damage, or members of the public are
at greater risk for harm than on surrounding land; and
(3) Deviation is minimum required and will not have adverse effect. The proposed deviation
from the standards is the minimum required, and will not have a significant adverse effect on
neighboring lands.
(H) illumination of outdoor sports fields and per areas. Lighting of outdoor sports fields
and performance areas shall comply with the following standards:
(1) Glare control package. All lighting fixtures shall be equipped with an existing glare control
package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall
within the primary playing or performance area.
(2) Hours of operation. The lighting system for any game or event shall be extinguished after
the end of the game or event.
(I) Sign lighting. Lighting fixtures illuminating signs shall comply with the standards of this
section, and exterior light sources shall be aimed and shielded so that direct illumination is focused
exclusively on the sign face and the light source is not visible from off-site areas.
(J) Lighting requirements for the CCD District.
(1) Parking lot lighting shall be consistent with the common lighting style for fixtures and poles
within the CCD design guidelines, or as adopted by the City Council.
(2) Public street lighting shall be consistent with a common lighting style throughout the CCD,
based on a style for fixtures and poles to be identified in the city's public improvement specification.
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§ 153.064 SIGNS.
(A) Findings, purpose, and effect.
(1) Findings. The city finds:
371
(a) Exterior signs have a substantial impact on the character and quality of the
environment.
(b) Signs provide an important medium through which individuals may convey a variety
of messages.
(c) Signs can create traffic hazards and aesthetic concerns, thereby threatening the public
health, safety and welfare.
(d) The city's zoning regulations include the regulation of signs in an effort to provide
adequate means of expression and to promote the economic viability of the business community, while
protecting the city and its citizens from a proliferation of signs of a type, size, location and character that
would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare
of the community. The regulation of the physical characteristics of signs within the city has had a
positive impact on traffic safety and the appearance of the community.
(2) Purpose and intent.
(a) It is not the purpose or intent of § 153.064 to regulate the message displayed on any
sign; nor is it the purpose or intent of this section to regulate any building design or any display not
defined as a sign, or any sign which cannot be viewed from outside a building.
(b) The purpose and intent of § 153.064 is to:
1. Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the city in order to promote the public health, safety and welfare.
2. Maintain, enhance and improve the aesthetic environment of the city by preventing
visual clutter that is harmful to the appearance of the community.
3. Improve the visual appearance of the city while providing for effective means of
communication, consistent with constitutional guarantees and the city's goals of public safety and
aesthetics.
4. Provide for fair and consistent enforcement of the sign regulations set forth herein
under the zoning authority of the city.
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(3) Effect. A sign may be erected, mounted, displayed or maintained in the city if it is in
conformance with the provisions of this chapter. The effect of § 153.064, as more specifically set forth
herein, is to:
(a) Allow a wide variety of sign types in commercial zones, and a more limited variety
of signs in other zones, subject to the standards set forth in § 153.064.
(b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all
zones when in compliance with the requirements of § 153.064.
(c) Prohibit signs whose location, size, type, illumination or other physical characteristics
negatively affect the environment and where the communication can be accomplished by means having
a lesser impact on the environment and the public health, safety and welfare.
(d) Provide for the administration and enforcement of the provisions of § 153.064.
(B) Permit required. No sign shall be erected, altered, improved, reconstructed, maintained or
moved in the city without first securing a sign permit from the city:
(1) The content of the message or speech displayed on the sign shall not be reviewed or
considered in determining whether to approve or deny a sign permit.
(2) Application for a sign permit shall be in conformance with the requirements of
§ 153.028(K), Sign Permits:
(C) Permit not required. The following signs shall not require a permit and are allowed in addition
to those signs allowed by § 153.064(I) and § 153.064(J) of this section. These exemptions, however,
shall not be construed as relieving the owner of the sign from the responsibility of its erection and
maintenance, and its compliance with the provisions of this section or any other law or ordinance
regulating the same.
(1) The changing of the display surface on a painted or printed sign only. This exemption,
however, shall apply only to poster replacement and/or on site changes involving sign painting on a
surface other than the surface of the building.
(2) Permanent signs two square feet or less in size.
(3) One temporary sign per property in residential districts not to exceed four square feet.
(4) In a state general election year, noncommercial signs of any size may be posted in any
number 46 days before the state primary in a state general election year until ten days following the state
general election. Election signs posted in connection with elections held at times other than those
regulated by M.S. § 21113.035, as it may be amended from time to time, shall not be posted more than
13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign
2022S-3
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or the property owner within ten days after the election. All such noncommercial signs are permitted on
private property in any zoning district with the express consent of the owner or occupant of such
property.
(5) Official and public signs.
(6) One sign shall be allowed per street frontage when a property is offered for sale or lease,
provided that:
(a) Within residential zoning districts (see table 3-1), no sign shall exceed 12 square feet
in area and six feet in height for single-family, two-family, townhouse, and quadraminium units; or 32
square feet in area or eight feet in height for multi -family or institutional uses.
(b) For non-residential zoning districts (see table 3-1), as well as for any parcel larger than
ten acres in any zoning district, signs may be up to 96 square feet in area or 12 feet in height as defined
in this chapter. One additional such sign shall be allowed for any street frontage which exceeds 1,000
linear feet. For the purposes of this section, frontage on any right-of-way, including local streets, county
or state highways, or I-94 shall constitute a "frontage", regardless of access.
(7) Sandwich board signs are allowed within all business zoning districts (see table 3-1)
provided that:
(a) Not more than one sign is allowed per principal building except that one sign is allowed
per tenant within a principal building having two or more tenants each with an exclusive exterior
entrance.
(b) The sign shall only be displayed when the business is open to the public.
(c) Except in the CCD district, the sign shall be placed only on the business property and
shall be located within required principal building setbacks, or encroaching into required setback areas
a maximum of five feet, and shall not be placed on any vehicle.
(d) The signs shall be located so as to maintain a minimum five-foot pedestrian walkway
and so as not to obstruct vehicular traffic.
(e) The sign shall be set back a minimum of two feet from the back of curb of a public
street or private drive aisle.
(f) The sign shall conform to the following height and area requirements:
1. Height: Five feet.
2. Area: Six square feet.
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374 Monticello - Land Usage
(g) For sandwich board signs within the CCD district, sandwich board signs may be
located in accordance with the provisions of division (c) above. In addition, such signs may be placed
upon the sidewalk or boulevard portion of a public right-of-way upon the issuance of an annual permit
in accordance with the provisions and process of § 153.028(K).
(D) Prohibited signs. The following signs are prohibited:
(1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles
any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which
attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness
of any official traffic control device or any railroad sign or signal.
(2) All off -premises signs unless specifically provided for by this chapter.
(3) Flashing signs.
(4) Roof signs.
(5) Rotating signs.
(6) Shimmering signs.
(7) Signs which move or imitate movement, except for dynamic scrolling signs as defined in
this chapter.
(8) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces,
or attached to utility poles, bridges, towers, or similar public structures.
(9) Off -premises signs:
(a) Off premise signs existing as nonconforming structures at the time of adoption of this
chapter greater than six square feet in area shall be considered a principal use of property.
(b) Annual permits are required for all off -premises signs. Off -premises signs shall be
removed as a condition of construction of another principal use upon the property or platting or
subdivision approval for the land on which it is located.
(10) Abandoned signs.
(E) Nonconforming signs and uses.
(1) Signs. A nonconforming sign lawfully existing upon the effective date of this chapter as
denoted in § 153.004 shall be regulated in accordance with §§ 153.105 through 153.110.
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Zoning
375
(2) Uses. When the principal use of land is legally nonconforming under §§ 153.105 through
153.110, all existing or proposed signs in conjunction with that land use shall be considered conforming
if they are in compliance with the sign provisions for the most restrictive zoning district in which the
principal use is allowed.
(3) When a sign is considered to be nonconforming due to size, location, or other factor, but
represents a conforming use of land, such sign may be continued, including through repair, replacement,
restoration, maintenance, or improvement, but not including expansion, unless it is considered to be
abandoned as defined by this chapter. When a nonconforming sign has been damaged to an extent of
50% or more of its market value, such sign shall be considered to be abandoned if no building or sign
permit has been applied for within 180 days of the date of damage.
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(F) Enforcement and penalties. Section 153.064 shall be
administered and enforced in accordance with the provisions of
§§ 153.120 through 153.124 and § 153.999.
(G) Substitution. The owner of any sign which is otherwise
allowed by § 153.064 may substitute non-commercial copy in lieu of
any other commercial or non-commercial copy. This substitution of
copy may be made without any additional approval or permitting.
The purpose of this provision is to prevent any inadvertent favoring
of commercial speech over non-commercial speech, or favoring of
any particular non-commercial message over any other
non-commercial message. This provision prevails over any more
specific provision to the contrary.
(H) General provisions.
(1) Accessory structures. Except as provided for by
§ 153.064(D)(9), all signs shall be considered accessory structures.
(2) Setbacks. All freestanding signs shall be set back 15 feet
from any property line abutting a public right-of-way and five feet
from any side or rear property line. No sign may be located within
a drainage and utility easement.
(3) Standards adopted. The design and construction
A standards as set forth in Chapter 4 of the 1997 edition of the Uniform
TSign Code as may be amended, are hereby adopted.
Sion I Area
(4) Electrical signs. The installation of electrical signs shall
be subject to the State's Electrical Code. Electrical service to such
signs shall be underground.
alculadon
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376 Monticello - Land Usage
(5) Approval. No sign shall be attached or be allowed to hang from any building until all
necessary wall and roof attachments have been approved by the Community Development Department.
(6) Sign interference. No signs, guys, stays or attachments shall be erected, placed or
maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the
supports thereof.
(7) Illuminated signs. Illuminated signs shall be shielded to prevent lights from being directed
at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with
or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or
streets. Notwithstanding this provision, LED (Light Emitting Diode) light displays may be installed
without shielding of the light source provided that:
(a) Unshielded LED light displays may only be located on properties within the FBS,
Freeway Bonus Sign District, an overlay zoning district as defined in § 153.046(G).
(b) Unshielded LED lights are not installed in any area that abuts residentially zoned
property.
(c) Unshielded LED lights are not installed in such a way as to direct light towards
residentially zoned property within 500 feet of the light source.
(d) Unshielded LED lights may not exceed a maximum illumination of 5,000 nits (candelas
per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square
meter) between dusk to dawn as measured from the sign's face at maximum brightness;
(e) Dimmer control. Unshielded LED lights must have an automatic dimmer control to
produce a distinct illumination change from a higher illumination level to a lower level for the time
period between one half-hour before sunset and one half-hour after sunrise.
(8) Permit display. Signs requiring permits shall display in a conspicuous manner the permit
sticker or sticker number.
(9) Placement. No sign or sign structure shall be erected or maintained that prevents free
ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to
a standpipe or fire escape.
(10) Structure. A freestanding sign or sign structure constructed so that the faces are not back
to back, shall not have an angle separating the faces exceeding 30 degrees unless the total area of both
sides added together does not exceed the maximum allowable sign area for that district.
2022S-3
Zoning
(11) Square footage calculation (total area = A x B):
377
(a) For wall signs, the area of a sign shall be that area within the marginal lines created
by the sign surface which bears the advertisement or, in the case of messages, figures or symbols
attached directly to the part of a building, which is included in the smallest rectangular figure which can
be made to circumscribe the message, figure, or symbol displayed thereon.
(b) For monument signs, area shall be calculated as for wall signs. Structural members of
the sign, including supports or other decorative features shall not be considered as a part of the measured
sign area.
(c) For pylon signs, the entire area of the sign face or cabinet shall be considered as a part
of the measured sign area. Structural supports, provided that they have no message or other graphics,
shall be exempt from the area calculation.
(12) Height. The top of a wall sign, including its superstructure, if any, shall be no higher than
the roof of the building to which such sign may be attached.
(13) Landscaping. A site plan shall be submitted as a part of any application for a freestanding
sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the
sign will complement the existing or proposed general site landscaping of the property.
(14) Vehicle fuel facilities. Signs for vehicle fuel facilities shall be regulated by the sign
provisions for the zoning district in which the facility is located, except that within a freestanding sign,
an area not to exceed 16 square feet shall be allowed for continuous display (no flashing, scrolling or
other animation) of electronic or non -electronic changeable copy identifying current fuel prices in
accordance with M.S. § 239.751, as it may be amended from time to time.
(15) Window signs. Window signs in the CCD zoning district shall comply with the
requirements of the applicable Monticello CCD Sign regulations. Window signs are not considered a part
of the maximum sign area otherwise allowed under § 153.064 and do not require a permit.
(16) Changeable copy signs.
(a) Changeable copy signs are subject to the following additional regulations:
1. Signs must be permanently anchored to the structure.
2. Signs must be incorporated within the overall sign structure for both monument
and pylon signs and must be consistent in design with the sign structure.
(b) Within commercial and industrial districts and for civic and institutional uses including,
but not limited to, public school facilities, hospital and medical facilities, municipal facilities and places
of public assembly, one changeable copy sign shall be allowed per site provided that the area of the sign
2022S-3
378 Monticello - Land Usage
not exceed 25 % of the allowable sign area or 50 square feet, whichever is less, for a freestanding or wall
sign. The area of this sign shall be counted against the maximum sign area for the building, except where
the property owner has agreed to forgo the use of temporary signs in accordance § 153.064(I)(2) in
which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area.
(17) Time and temperature signs. Within commercial and industrial zoning districts, an area
not to exceed 16 square feet within a freestanding or wall sign shall be allowed for display of an
electronic time and temperature sign subject to the sign provisions for the zoning district in which the
sign is located.
(18) Projecting signs. Projecting signs may be allowed in commercial districts provided that:
(a) There is a minimum of eight feet of clearance under the base of the sign to the ground
below.
(b) The sign does not project more than five feet beyond the wall to which it is mounted,
may not project over any vehicular drive aisle or traveled portion of a public or private street and except
in the CCD, Central Community District may not project over a public right-of-way.
(c) The area of the projecting sign is not more than 50% of the maximum area allowed for
an individual wall sign in the respective zoning district in § 153.064(J).
(19) Dynamic displays.
(a) Findings. Based on studies related to the use of dynamic sign displays and driver
distraction, the city finds that dynamic signs, as defined by the zoning ordinance, have a unique potential
to create driver distraction, a major cause of traffic crashes. As a result, the city has adopted special
regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in
the city, whether new or existing, conforming or nonconforming at the time of adoption of this chapter.
(b) Regulations governing dynamic sign displays.
1. Dynamic sign displays shall have messages that change instantaneously, and do
not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall
include signs which are displayed as continuous solid messages for less than the time required by division
3. below. The exception to this regulation is the allowance of messages that appear to scroll horizontally
across the sign, but are otherwise in compliance with the requirements of this chapter, including the
definition of "scrolling signs".
2. With the exception of dynamic sign displays for civic or institutional uses, dynamic
sign displays shall not be permitted in any residential zoning district.
3. Dynamic sign displays shall be permanent signs.
2022S-3
Zoning 379
4. No dynamic sign display shall change more than one time per three second period;
time and temperature displays may change as frequently as once every three seconds.
5. Dynamic sign displays shall be no brighter than other illuminated signs in the same
district.
6. Dynamic sign displays shall be designed to freeze the display in the event of
malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice
from the city that the display violates the city's regulations.
7. Applicants for dynamic sign displays shall sign a license agreement supplemental
to the building permit agreeing to operation of a sign in conformance with these regulations. Violation
of these regulations shall result in forfeiture of the license, and the city shall be authorized to arrange
disconnection of electrical service to the sign display.
8. With the exception of dynamic sign displays for civic or institutional uses, no
dynamic sign display shall be permitted to be located in a yard or on the side of a building which abuts
a residentially zoned or used parcel.
9. Dynamic sign displays for civic or institutional uses adjacent to or abutting
residential uses or residentially zoned property shall be subject to the requirements of § 153.064(H) of
this chapter and the following additional requirements.
a. Dynamic displays are limited to inclusion on existing or proposed monument
signage as allowed by § 153.064(7); the total of such monument signage shall not exceed 100 square feet.
b. Dynamic displays shall not exceed 25 % of the allowable sign area or 25 feet
in total for the parcel, whichever is less, and shall be limited to one sign display per parcel.
c. Dynamic sign displays must be setback a minimum of 15 from the public
right-of-way and 100 from the property line when adjacent to residential uses or residentially zoned
property.
d. Dynamic sign displays must have an automatic dimmer control to produce a
distinct illumination change from a higher illumination level to a lower level for the time period between
one half-hour before sunset and one half-hour after sunrise.
e. Dynamic sign displays shall not exceed a maximum illumination of 5,000 nits
(candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per
square meter) between dusk to dawn as measured from the sign's face at maximum brightness.
Dynamic sign displays may only be illuminated between the hours of 7:00
a.m. to 10:00 p.m.
2022S-3
380 Monticello - Land Usage
(20) Design and materials standards for signs in commercial districts, industrial districts, the
CCD District, PUDs, and performance based enhancement district development.
(a) In general. The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be the same as, or compatible
with, the materials and design of the principal building(s) on the property.
(b) Specific materials for pylon signs. All exposed pole or post structures must be wrapped
or faced with stucco, architectural metal, brick or stone consistent with building architecture.
(I) Temporary signs.
(1) For property in a Business District or an Industrial District (see table 3-1), the use of
temporary sign devices shall not exceed 120 days per calendar year per business. When multiple
temporary signs are permitted per parcel, such signs shall be spaced 75 lineal feet apart. The area of
temporary sign devices shall not exceed 40 square feet. Off -premises temporary signage is prohibited.
A temporary sign permit is required to be obtained prior to displaying the sign.
(a) The number of days and dates of use shall be provided on the permit application. Each
business may request up to a total of four permits per calendar year, or until 120 days are reached
cumulatively, whichever occurs first.
(2) In cases where properties forego, in writing, temporary signage allowed by § 153.064(I)(1)
above, an additional permanent message board sign up to 50 square feet in area shall be allowed. Such
sign may be incorporated into a property's freestanding sign or the building as additional wall sign area.
Freestanding signs shall be subject to the height limitations of the applicable zoning district.
(3) Subject to other provisions of § 153.064(I), one additional temporary sign device shall be
permitted for a business on a one-time basis for a period of up to 40 days to be utilized within six months
of the first day of the business opening to the public. Such signage shall not be limited by the provisions
of § 153.064(I)(2).
(4) Businesses or organizations with their activities located in the CCD, Central Business
District, may display temporary, off -premise signs by express permit issued by the City Council or the
Council's designee where access to commercial areas requires directional signage from the city's arterial
roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances,
including permanent signage, other on-site temporary signs, or "sandwich board" signs displayed
pursuant to § 153.064(C)(7). Signs allowed under this section may, at the discretion of the Council, be
permitted under the following conditions:
(a) Off -premise, temporary signs shall be no more than four square feet in area.
(b) Off -premise temporary signs shall be no more than three feet in height.
2022S-3
Zoning 381
(c) Off -premise temporary signs shall be limited to no more than one sign every 75 lineal
feet of street frontage, but no more than three signs per parcel.
(d) Notwithstanding other regulations to the contrary, such signs may be placed upon the
public sidewalk within a city street right-of-way. Any such sign placed on the public sidewalk shall be
located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic.
(e) An application for an off -premise, temporary sign shall be accompanied by a written
statement of permission from the owner of the private property on which the sign is located. Such
statement shall include an express grant of permission for city inspectors to enter the property for the
purpose of inspecting and/or removing said signs.
(f) An application for signs subject to the provisions of this section may be made for a
single period of display, or in the alternative, the city may grant approval for annual license for the
display of such signs in accordance with § 153.028(K). Separate fees may be established for
single -period or annual -period permits.
(g) Eligible days for the display of signs subject to this section shall be Thursday, Friday,
Saturday, or Sunday only.
(5) All signs comprised of non-commercial speech are permitted on private property in any
zoning district with an established principal commercial, industrial, institutional, or public use, with the
express consent of the owner of such property.
(a) The total area of such sign devices shall not exceed 40 square feet in total.
(b) Signs may be placed for up to 21 days per 30 -day period.
(c) Signs may not be placed within the public right-of-way or easements.
(d) Such signs shall be spaced a minimum of 75 linear feet from any other sign on the site.
(e) No permit shall be required for such signage.
(6) Temporary signage may be located on a vacant parcel adjacent to a parcel occupied by an
active and permitted principal use, when such properties are held in the same ownership.
(J) District regulations. In addition to the signs allowed by § 153.064(C) and § 153.064(I), the
following signs shall be allowed within the specific zoning districts:
(1) Within residential zoning districts (see table 3-1), the following additional regulations
apply:
(a) Except for the uses specified in § 153.064(J)(1)(b) and § 153.064(J)(1)(c) below, not
more than one sign shall be allowed provided that:
2022S-3
382 Monticello - Land Usage
The area of the sign shall not exceed four square feet.
2. Freestanding signs shall be limited to a maximum height of four feet.
(b) In addition to the sign allowed by § 153.064(J)(1)(a) above, residential uses shall be
allowed one monument sign per collector or arterial street access. Such sign shall meet the requirements
of this chapter and shall be constructed at the time of plat or phased plat development adjacent to the
collector or arterial access.
(c) Civic and institutional uses shall be allowed two monument signs per lot meeting the
requirements of this chapter.
(2) Within business and industrial zoning districts (see table 3-1), the following additional
regulations shall apply:
(a) Total area of signs. The total area of all signs (with the exclusion of freestanding signs
as may be allowed by this code) displayed on a lot shall not exceed 15 % of the total building facade
fronting not more than two public streets.
(b) Freestanding signs.
1. Unless otherwise specified in this section, one sign is allowed per lot. The area
of a freestanding sign may not exceed 100 square feet each side with a maximum height of 22 feet.
2. If a monument, rather than pylon sign is utilized, an additional 100 square feet of
area beyond the total area calculated in § 153.064(J)(2)(a) above, devoted to wall, canopy or marquee
signs shall be granted.
3. In addition to the sign allowed by divisions 1. and 2. above, additional signage
may be allowed per lot in an amount not to exceed three signs with an individual square footage
maximum of ten square feet each and 30 total square feet. Such signage shall not exceed three feet in
height. Signage shall be setback at least six feet from adjacent property lines and shall not be located
within a public right-of-way or easement without a license agreement approved by the City Council. Such
signs may not include changeable copy or dynamic displays.
4. For shopping centers greater than 150,000 square feet of aggregate building square
footage and greater than 20 acres in site area, two freestanding signs may be permitted. Two pylon signs
may be constructed or, as an alternative, one pylon and one monument sign may be constructed. When
the latter option is chosen, the monument sign shall be no greater than 14 feet in height nor more than
100 square feet in area. The pylon sign may be no greater than 25 feet in height and 300 square feet in
area.
2022S-3
Zoning
(c) Wall, canopy, or marquee signs.
383
1. Wall, canopy, projecting, and marquee signs shall be consistent with the maximum
area requirements of § 153.064(J)(2)(a).
2. Wall, canopy and marquee signs are permitted on any building facade except those
which abut properties zoned for residential use.
(d) Multiple occupancy commercial and industrial buildings. When a single principal
building is devoted to two or more commercial or industrial principal uses, signs shall be allowed subject
to review and approval of the Community Development Department based upon the following
requirements:
1. The maximum individual sign sizes for multiple occupancy buildings and
individual businesses that may display a sign shall not exceed the maximum provisions in the same
zoning district in § 153.064(J).
2. Commercial retail, office, or mixed use multiple occupancy buildings may display
a freestanding sign consistent with the applicable zoning district provisions in § 153.064(J).
3. Individual tenants of a multiple occupancy building within a commercial or
industrial zoning district shall not display separate wall, canopy, or marquee signs except through
administrative site plan submittal review of a comprehensive sign plan subject to the following
requirements:
a. Such sign shall be limited to the maximum wall sign size permitted in the
applicable zoning district provisions in § 153.064(J).
b. Such sign shall be located only on an exterior wall abutting a public street and
shall be located on not more than two exterior walls which face a public street.
c. A comprehensive sign plan is submitted that includes all of the following
information:
(i) A site plan to scale showing the location of lot lines, buildings, structures,
parking areas, existing and proposed signs, and any other physical features of the area included within
the proposed comprehensive sign plan.
(ii) Elevations to scale of buildings included within the comprehensive sign
plan including the location of existing or proposed wall, canopy, or marquee signs.
(iii) To scale plans for all existing and proposed signs of any type included
within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means
of illumination (if any).
2022S-3
384 Monticello - Land Usage
d. No permit shall be issued for a new or replacement sign for an individual
tenant except upon a determination by the Community Development Department that it is consistent with
the approved comprehensive sign plan.
§ 153.065 UNDERGROUND UTILITIES.
All utilities within or serving new development (e.g. cable television, electrical (excluding
transformers), gas, sewer, telephone, and water lines) shall be placed underground.
§ 153.066 TRANSITIONAL FEATURES.
(A) Purpose and intent. Transitional features are architectural elements or site aspects that must be
used to ease the transition between new development and existing structures and community character.
It is the intent of these standards to:
(1) Blend land use types throughout the city to minimize visual conflicts;
(2) Limit the excessive consumption of land though the utilization of large vegetated buffers
to separate potentially conflicting use types; and
(3) Limit interruptions in vehicular and pedestrian connections created by efforts to segregate
uses.
(B) Applicability.
(1) Transitional features shall be required when:
(a) Different use types abut one another (e.g. residential, institutional, commercial, office);
(b) Adjacent residential lots contain differing densities (e.g. a single-family home site
adjacent to a duplex);
(c) A lot is developing or redeveloping within the R-2, CCD or T -N zoning districts;
(d) The Community Development Department determines that design compatibility cannot
be achieved between uses in the B-1, B-2, B-3, B-4, or IBC districts.
(2) The Community Development Department may require the use of screening in addition to
the use of transitional feature(s) where such is necessary to reduce potential adverse impacts between
incompatible uses or different building types.
2022S-3
Zoning
C:
(C) Standards. In areas where transitional features are required, one or more of the following
approaches shall be used, subject to approval and as required by the Community Development
Department, to establish a transition between uses:
(1) Use setbacks that are within 25% of the average setbacks for existing uses on the same
block face provided no new use is closer to the right-of-way than any existing use;
Figure 1-5. Average Setbacks _
i
The new construction (highlighted in green) an the / ! NO
right demon strafes appropriate average setbacks. YEs
The dweffing highlighted in red on the left has a
front seeback that is too deep.
(2) Ensure the facade width and height between facades of structures on opposing sides of a
street are consistent with each other such that neither fagade exceeds the other's dimensions by more than
25 %;
Figure 4-6: Facade Height &
Width
Ensuring similar facade height and
width dimensions of opposing
fayades can be an effective means
of establishing a transition between
uses.
2022S-3
1.
WIDTH
�EIGHTT -
386 Monticello - Land Usage
(3) Graduate building height and mass in the form of building step -backs or other techniques
so that structures with a higher intensity have a comparable scale with adjacent structures housing lower
intensity uses;
SIMILAR
HEIGHT
STEP BACK
Figure 4-7. Step Back ConatruMOR
Seep -backs in building heights
between different use types can be an
effective transitional element.
(4) Use similarly sized and patterned architectural features such as windows, doors, awnings,
arcades, pilasters, cornices, wall offsets, building materials, and other building articulations included
on the lower intensity use as depicted in Figure 4-8;
Figure 4-8: Architectural Features
The example on the bottom demonstrates effective ase of transition features.
RE51DENT01- (lower Otenartyr COMMERC+AL fh ber intens
0
:� n am 1 0
L
No windows
1"I Flat Roof
Helot Increase
Simihr windows
Pitched Roof
1 ❑Q� �_❑�] p Simikar Hm&
(5) Locate off-street parking, loading, service, and utility areas to the rear of structures,
adjacent to similar site features on surrounding sites;
(6) Prevent incompatible exterior lighting or sources of audible noise or disturbance from
building fagades facing lower intensity uses;
(7) Prevent abrupt changes in roof form by allowing adjacent incompatible uses to use similar
roof types, slopes, or arrangements;
(8) Orient porches, balconies, outdoor space, and other site attributes such as vending machines
associated with attached residential development away from adjacent detached residential uses;
(9) Orient primary building fagades directly across from opposing primary fagades regardless
of use type (as seen in Figure 4-9); and
2022S-3
Figure 4-9. ParallelPrirnary Facades
Organizing buildings an that the primary
faVades face one another can serve as a
transitional feature when two different
building types occupy opposing sides of a
street.
Zoning
The primary facade of the commercial uses is directly
parallel to the adjacent townhomes with parking to the rear_
Town h omes
Comrnercial
Uses --
387
(10) When dealing with multi- building developments on one or more lots, establish a
continuum of use intensity where uses of moderate intensity (darkest colors in Figure 4-10) are sited
between high-intensity uses (medium colors in Figure 4-9) and low -intensity uses (light colors in Figure
4-9) (i.e. retail to multi -family residential to detached residential).
Figure 4-10:
Staggering Intemsity
Mold -building
developments can be
organized to
concentrate the
highest intensity
uses in a single area
andfeather the
intensity and dmsh{r
outwards from high
intensity centers.
Develnpment
Intensity
Jdrgh
Low
§ 153.067 OFF-STREET PARKING.
(A) Purpose. The regulation of off-street parking spaces in these zoning regulations is to alleviate
or prevent congestion of the public right-of-way and to promote the safety and general welfare of the
public by establishing minimum requirements for off-street parking of motor vehicles in accordance with
the utilization of various parcels of land or structures.
(B) Application of off-street parking regulation. The regulations and requirements set forth herein
shall apply to all off-street parking facilities in all of the zoning districts of the city.
(C) Change in use or occupancy.
(1) Change in use or occupancy of land.
2022S-3
388 Monticello - Land Usage
(a) Any change of use or occupancy of land already dedicated to a parking area, parking
spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land
be made which reduces area necessary for parking, parking stalls, or parking requirements below the
minimum prescribed by these zoning regulations.
(b) Off-street parking spaces and loading spaces or lot area existing upon the effective date
of this chapter as denoted in § 153.004 shall not be reduced in number or size unless said number of size
exceeds the requirements set forth herein for a similar new use.
(2) Change in use or occupancy of a building. Any change of use of occupancy of any building
or buildings, including additions thereto, requiring more parking area shall not be permitted until there
is furnished such additional parking spaces as required by these zoning regulations.
(3) Site plan drawing necessary. All applications for a building permit or certificate of
occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned
indicating the location of off-street parking and loading spaces in compliance with the requirements set
forth in § 153.067.
(D) Prohibited uses related to off-street parking.
(1) Required accessory off-street parking spaces in any district shall not be utilized for open
storage, sale, or rental of goods; or storage of inoperable vehicles and/or storage of snow.
(2) For single-family and two-family dwellings, off-street parking in the rear yard is prohibited
as illustrated in Figure 4-11.
(3) Except for temporary uses as permitted by § 153.093 and trailers parking in a designated
loading area, no vehicle may be parked and used for storage of items in any district.
(E) Standards applicable to all uses.
(1) Location of required parking.
(a) Required accessory off-street parking shall be on the same lot under the same
ownership as the principal use being served except under the provisions of § 153.067(G)(3), subject to
the public improvement project exception as regulated by § 153.106(D)(1).
(b) Except for single, two-family, townhouse dwellings and parcels in the CCD, head -in
parking directly off of and adjacent to a public street with each stall having its own direct access to the
public street shall be prohibited.
(c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall
be designed so that circulation between parking bays or aisles occurs within the designated parking lot
and does not depend upon a public street or alley.
2022S-3
Zoning 389
(d) Except in the case of single, two-family, and townhouse dwellings and parcels in the
CCD, parking area design which requires backing into the public street is prohibited.
(e) All accessory off-street parking facilities required by this chapter shall be located and
restricted as follows:
1. For single-family and two-family dwellings, the part of a paved driveway within
boulevard portion of the street right-of-way shall only be used for parking in a manner that does not
block any public sidewalk or pathway.
2. In the case of single-family dwellings, parking shall be prohibited in any portion
of the rear yard. In the case where the only attached or detached garage on a property is located in the
rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one open
surfaced space located on the side of a driveway away from the principal use as shown in Table 4-9 and
Figure 4-11. Said extra space shall be surfaced as required by Table 4-9 and Figure 4-11.
3. In the case of single-family dwellings, parking in the side yard shall be allowed
on a surfaced space as shown in Table 4-9 and Figure 4-11.
(f) All parking must occur on a paved surface except as may be permitted by this chapter.
(2) Vehicular use area design.
(a) Curb cuts and access.
1. Each property shall be allowed one curb cut access per 125 feet of street frontage.
All property shall be entitled to at least one curb cut.
2. The maximum driveway width at the property line shall not exceed 30 feet and
shall taper to a width not to exceed 28 feet at the public street.
3. Within all districts, a five foot radius curb may be constructed at the public street
in addition to the maximum driveway width allowed.
4. Driveway access curb openings on a public street except for single, two-family,
and townhouse dwellings shall not be located less than 40 feet from one another.
5. No curb cut access shall be located less than 40 feet from the intersection of two
or more street rights-of-way. This distance shall be measured from the intersection of lot lines.
6. All driveway access openings shall require a culvert unless the lot is served by
storm sewer or is determined unnecessary by the Community Development Department. Size of culvert
shall be determined by the Community Development Department but shall be a minimum of 15 inches
in diameter.
2022S-3
390 Monticello - Land Usage
7. Except for single, two-family, and townhouse residential development (and as
otherwise noted in this chapter), all open vehicular use areas shall have a perimeter concrete curb barrier
around the entire parking lot, said curb barrier shall not be closer than six feet to any lot line as
measured from the lot line to the face of the curb.
(b) Stall, aisle, and driveway design.
1. Each parking space shall be not less than nine feet wide and 20 feet in length
exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION:
Where desired, up to 25 % of the parking spaces may be not less than seven and one-half feet in width
and not less than 16 feet in length when served adequately by access aisles to accommodate compact car
parking and should be marked as such.
2. Except in the case of single-family, two-family, and townhouse dwellings, parking
areas and their aisles shall be developed in compliance with the following standards:
TABLE 4-6: PARKING STALL AND AISLE STANDARDS
Angle
Wall to Minimum
Wall to Interlock
Minimum
Interlock to Interlock
Minimum
30
48.6'
44.5'
40.3'
45
56.8'
53.4'
50.0'
60
62.0'
59.7'
57.4'
90
64.0'
64.0'
64.0'
Parallel Parking: 22 feet in length
14AWF lM ft WW jlFiiiYl�w
2022S-3
Zoning
(c) Surfacing.
391
1. Except in the case of single-family and two-family dwellings, driveways and stalls
shall be surfaced with six inch class five base and two inch bituminous topping or concrete equivalent.
Drainage plans shall be reviewed and subject to approval by the Community Development Department.
The Community Development Department staff may waive this requirement if it is determined that the
drainage plans do not merit further study. Community Development Department determination in this
regard shall be based on the size of parking surface area, simplicity of design plan, and
proximity/accessibility to existing storm sewer facilities.
2. The grade elevation of any parking area shall not exceed 5%.
(d) Striping. Except for single, two-family, and townhouses, all parking stalls shall be
marked with white painted lines not less than four inches wide.
(e) Lighting. Any lighting used to illuminate an off-street parking area shall be so arranged
as to reflect the light away from adjoining property, abutting residential uses, and public rights-of-way
and be in compliance with § 153.063.
(f) Landscaping and screening. All open, non-residential, off-street parking areas of five
or more spaces shall be screened and landscaped from abutting or surrounding residential districts in
compliance with § 153.060(F).
Interior vehicular use area landscaping - see § 153.060(F)(2).
2. Perimeter vehicular use area landscaping - see § 153.060(F)(3).
3. Perimeter buffers - see § 153.060(G).
(g) Signs. No sign shall be so located as to restrict the sight lines and orderly operation
and traffic movement within any parking lot.
(3) Parking within a structure. The off-street parking requirements may be furnished by
providing a space so designed within the principal building or one structure attached thereto; however,
unless provisions are made, no building permit shall be issued to convert said parking structure into a
dwelling unit or living area or other activity until other adequate provisions are made to comply with the
required off-street parking provisions of this chapter.
(4) Vehicular use area stall calculation requirements.
(a) General provisions.
1. The minimum number of off-street parking spaces shown in Table 4-7 shall be
provided and maintained by ownership, easement, and/or lease for and during the life of the respective
uses hereinafter set forth.
2022S-3
392
Monticello - Land Usage
2. When determining the number of off-street parking spaces results in a fraction,
each fraction of one-half or more shall constitute another space.
3. In stadiums, sports arenas, churches, and other places of public assembly in which
patrons or spectators occupy benches, pews, or other similar seating facilities, each 22 inches of such
seating facilities shall be counted as one seat for the purpose of determining requirements.
4. Should a structure contain two or more types of use, each shall be calculated
separately for determining the total off-street parking spaces required.
(b) Floor area.
1. The term "floor area" for the purpose of calculating the number of off-street
parking spaces required shall be determined on the basis of the interior floor area dimensions of the
buildings, structure, or use times the number of floors.
2. Whenever practical, final parking calculations shall be based on an actual building
floor plan.
TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type
Minimum # of Spaces & Additional Requirements
Residential Uses
Detached Dwelling
2.0 spaces for each dwelling unit
Duplex
2.0 spaces for each dwelling unit
Townhome
2.5 spaces for each dwelling unit, of which two must be enclosed, plus one guest
parking space for every four units
Multiple -Family
In general
2.5 spaces for each dwelling unit, of which two must be enclosed, plus one guest
parking space for every four units, or as may otherwise be specified in the zoning
district
Senior housing
Reservation of area equal to 1.0 space per unit
- Initial development shall require only 0.5 spaces per unit, and said number of
spaces may continue until such time as the City Council considers a need for
additional parking spaces has been demonstrated
Group Residential Facility,
2.0 spaces for each three persons for whom sleeping accommodations are provided
Single-family
Group Residential Facility,
2.0 spaces for each three persons for whom sleeping accommodations are provided
Multi -Family
Manufactured Home
2.0 spaces per manufactured home
2022S-3
Zoning
393
TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type
Minimum # of Spaces & Additional Requirements
Civic and Institutional Uses
Active Park Facilities (public or
private)
5.0 spaces for each acre of park over one acre; two spaces per acre for
playgrounds; and ten spaces for each acre of play field
- When a public recreation site has more than one use designation, the areas must
be divided for determining the required parking
Assisted Living Facilities
0.5 spaces for each assisted living unit (a required half space shall be rounded up)
Baseball Fields, Stadium
1.0 space for each eight seats of design capacity
Cemeteries
See Parking Schedule #2 [§ 153.067(H)(3)]
Clinics/Medical Services
4.0 spaces for each 1,000 square feet
Hospitals
2.0 spaces per each bed
Nursing/Convalescent Home
4.0 spaces plus one for each three beds for which accommodations are offered
Passenger Terminal
8.0 spaces plus one additional space for each 800 square feet of floor area over
1,000 square feet
Passive Parks and Open Space
See Parking Schedule #2 [§ 153.067(H)(3)]
Public Buildings or Uses
10.0 spaces plus one for each 150 square feet in excess of 2,000 square feet of
floor area in the principal structure
Schools, Kindergarten through
Junior High
1.0 space for each classroom plus one additional space for each 50 student capacity
Schools, High School &
post -secondary
1.0 space for each seven students based on design capacity plus one for each three
classrooms
Place of Public Assembly
1.0 space for each four seats based on the design capacity of the main assembly hall
- Facilities as may be provided in conjunction with places of public assembly shall
be subject to additional requirements which are imposed by this chapter
Utilities (major)
See Parking Schedule #2 [§ 153.067(H)(3)]
Office Uses
Offices
3.0 spaces plus at least one space for each 300 square feet of floor space
Commercial Uses
Adult Uses
1.0 space for each 100 square feet of floor space
Auction House
1.0 space for each 40 square feet of floor space.
- Outside sales area shall be added to the floor space of the principal building when
determining square footage of floor space
Auto Repair - Minor
8.0 spaces plus one additional space for each 800 square feet of floor area over
1,000 square feet
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Monticello - Land Usage
TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type
Minimum # of Spaces & Additional Requirements
Commercial Uses
Automotive Wash Facilities
10.0 spaces or one space for each employee on the maximum shift, whichever is
greater
- For self service facilities, there shall be a minimum of two spaces
- If the wash facility is integrated into an approved vehicle fuel sales business, the
wash facility shall require no additional parking
Bed & Breakfasts
1.0 space for each rental unit in addition to required residential off-street parking
Boarding House
2.0 spaces for each three persons for whom accommodations are provided for
sleeping
Business Support Services
1.0 space for each 200 square feet of floor space
- If in the CCD district, one space per 350 square feet of floor space
Communications/Broadcasting
1.0 space for each 400 square feet of floor space.
Convenience Stores
1.0 space for each 200 square feet of floor space
- If in the CCD district, one space per 350 square feet of floor space
Country Club
4.0 spaces per golf hole plus spaces provided for accessory uses in accordance with
this chapter
Day Care Centers
1.0 space for each employee plus one space per five children
Entertainment/Recreation, Indoor Commercial
Bowling Alley
5.0 spaces for each alley plus additional spaces as may be required herein for
related uses associated with the principal structure
Theater
1.0 space for each four seats based on the design capacity of the main assembly
hall; facilities as may be provided in conjunction with such buildings or uses shall
be subject to additional requirements imposed by this chapter
- If the theater is located in the original plat of Monticello, the required spaces shall
be reduced to 1.0 space per five seats
Entertainment/Recreation,
10.0 spaces plus one for each 100 square feet of floor area inside an associated
Outdoor Commercial
structure
Event Center
1.0 space for each two and one-half guests, measured by building capacity based on
building code limits of all areas for the event, and one parking space for each 200
square feet for areas devoted to food preparation, event staging, and other support
activities.
2022S-3
Zoning
395
TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type
Minimum # of Spaces & Additional Requirements
Commercial Uses (Cont' d)
Financial Institution
1.0 space for each 400 square feet of floor space.
Funeral Homes
20.0 spaces for each chapel or parlor, plus one space for each funeral vehicle
maintained on the premises
- Aisle spaces shall also be provided off the street for making up a funeral
procession
Hotels or Motels
1.0 space for each rental unit plus one space for each ten units and one space for
each employee on the maximum shift
Kennels (commercial)
1.0 space for each 400 square feet of floor space.
Landscaping /Nursery Business
See Parking Schedule #1 [§ 153.067(H)(2)]
Personal Services
1.0 space for each 250 square feet of floor space
- If in the CCD district, one space per 350 square feet of floor space
Recreational Vehicle Camp Site
1.0 space per each recreational vehicle plus one guest space per ten recreational
vehicles
Repair Establishment
See Parking Schedule #1 [§ 153.067(H)(2)]
Restaurants
Sit down/dining area
1.0 space for each 40 square feet of gross floor area of dining and bar area
Pick-up or Counter Area
1.0 space for each 15 square feet of gross floor area but not less than 15 spaces
Kitchen Area
1.0 space for each 80 square feet of kitchen area
Retail Commercial Uses
In General
1.0 space for each 200 square feet
- If in the CCD district, one space per 350 square feet of floor space
In which 50% or more of
OPTION #1: One space for each 200 square feet devoted to public sales or service
the gross floor area is
plus one space for each 500 square feet of storage area
devoted to storage,
warehouses, and/or
industry. The number of
OPTION #2: One space for each employee on the maximum shift plus one space
spaces may be determined
for each 200 square feet devoted to public sales or service
by either of the listed
options
Specialty Eating Establishments
1.0 space for each 200 square feet
- If in the CCD district, one space per 350 square feet of floor space
Vehicle Fuel Sales
4.0 spaces plus two spaces for each service stall (not pump)
- Those facilities designed for sale of other items than strictly automotive products,
parts, or service shall be required to provide additional parking in compliance with
other applicable sections of this chapter
2022S-3
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Monticello - Land Usage
TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type
Minimum # of Spaces & Additional Requirements
Commercial Uses (Cont'd)
Vehicle Sales and Rental
8.0 spaces plus one additional space for each 800 square feet of floor area over
1,000 square feet
Veterinary Facilities
1.0 space for each 250 square feet
Wholesale Sales
1.0 space for each 200 square feet
- If in the CCD district, one space per 350 square feet of floor space
Industrial Uses
Auto Repair - Major
See Parking Schedule #1 [§ 153.067(H)(2)]
Extraction of Materials
See Parking Schedule #2 [§ 153.067(H)(3)]
General Warehousing
8.0 spaces plus one space for each two employees on the maximum shift or, at a
minimum, at least eight spaces plus one space for each 1,000 square feet of floor
area
Truck or Freight Terminal
8.0 spaces plus one space for each two employees on the maximum shift or, at a
minimum, at least eight spaces plus one space for each 500 square feet of floor area
Waste Disposal & Incineration
See Parking Schedule #1 [§ 153.067(H)(2)]
Wrecker Services
See Parking Schedule #1 [§ 153.067(H)(2)]
Heavy Manufacturing
See Parking Schedule #1 [§ 153.067(H)(2)]
Industrial Services
See Parking Schedule #1 [§ 153.067(H)(2)]
Light Manufacturing
See Parking Schedule #1 [§ 153.067(H)(2)]
Machinery/Truck Repair
See Parking Schedule #1 [§ 153.067(H)(2)]
Recycling and Salvage Center
See Parking Schedule #1 [§ 153.067(H)(2)]
Self -Storage Facilities
1.0 space per 100 lockers/units on the inside of the fenced area and at least five
spaces outside the fenced area
- If a caretaker's quarters is provided on-site, at least one covered parking space
for exclusive use by the caretaker shall be provided
3. Unusable space (e.g. entries, halls, service areas, bathrooms, etc) within uses may
be excluded from floor area calculations when applicable.
4. Required parking spaces may be reduced through alternative development types
(e.g. Planned Unit Development, utilization of Performance Based Enhancement Overlay District
provisions, etc) as permitted in this chapter.
(c) CCD district exceptions. Property owners in the CCD District shall comply with the
parking supply requirements as listed in Table 4-7 of this chapter. However, property owners may be
granted flexibility from a portion of their required parking supply under the following conditions:
2022S-3
Zoning 397
1. Where the city finds that there will be adequate opportunity to provide public
parking in the vicinity of the subject property, and at the city's option, the owner shall pay into a "CCD"
parking fund an amount as established by City Council Resolution. Said fund shall be used for the
acquisition, construction, and/or maintenance of publicly -owned parking in the "CCD" district.
2. The city may, in addition to, or as an alternative to, the option listed in
§ 153.067(E)(4)(c)1. above, and at the discretion of the city, offer the property owner the opportunity
to choose to supply parking at a rate which is 60% of the requirement listed in § 153.067 provided that
the owner grants an easement to the public for automobile parking use over the subject area. The owner
shall retain responsibility for maintenance of said parking area.
3. Location: Parking shall not be located on a parcel between the front building line
of the principal building and the public street, except where expressly provided for by the City Council
after recommendation from the Planning Commission.
(d) Parking Stall Requirement: Schedule V. Uses subject to Off -Street Parking Schedule
#1 must provide the minimum number of off-street parking spaces indicated in Table 4-8, Off -Street
Parking Schedule #1.
TABLE 4-8: OFF-STREET PARKING SCHEDULE #1
Activity
Number of Spaces Required
Office or administrative area
1.0 space per 300 square feet
Indoor sales area
1.0 space per 200 square feet
Outdoor sales, display, or storage area (3,000 sq. ft. or less)
1.0 space per 750 square feet
Outdoor sales, display, or storage area (over 3,000 sq. ft.)
1.0 space per 1,000 square feet
Indoor Storage/Warehousing/Vehicle Repair/Manufacturing Area
Less than or equal to 3,000 sq. ft.
1.0 space per 200 square feet
3,000 to 5,000 sq. ft.
1.0 space per 500 square feet
5,000 to 10,000 sq. ft.
1.0 space per 750 square feet
Greater than 10,000 sq. ft.
1.0 space per 1,250 square feet
(e) Parking Stall Requirement: Schedule #2. Uses subject to Off -Street Parking Schedule
#2 have widely varying parking demand characteristics, making it very difficult to specify a single
appropriate off-street parking standard. Upon receiving a development application for a use subject to
Schedule #2 standards, the Community Development Department is authorized to apply the off-street
parking and loading standard specified for the listed use that is deemed most similar to the proposed use
or establish minimum off-street parking requirements on the basis of a parking study prepared by the
applicant. The study must include estimates of parking demand based on recommendations of the
Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Community
Development Department, and should include other reliable data collected from uses or combinations
2022S-3
398 Monticello - Land Usage
of uses that are the same as or comparable with the proposed use. Comparability will be determined by
density, scale, bulk, area, type of activity, and location. The study must document the source of data
used to develop the recommendations.
(5) Vehicular use area design conditional use permit. Stall aisle and driveway design
requirements outlined in § 153.067 may be lessened subject to the following conditions:
(a) Any reduction in requirements requires completion of the conditional use permit
process outlined in § 153.028(D).
(b) Final approval of parking and driveway drainage plans associated with conditional use
permit request shall be provided in writing by the Community Development Department. Engineering
expenses greater than the portion of building permit fee allocated for engineer plan review shall be paid
by applicant prior to occupancy of structure.
(c) Only properties which have existing buildings and are being expanded or remodeled
for a new use shall be eligible for this conditional use permit.
(d) The applicant must show, and the Planning Commission must find, that there are
existing nonconformities of the property which are being eliminated by the expansion or remodeling
which justify a deferral to the paving, landscaping, or curbing requirements.
(e) A deferral shall be considered by the city as a part of an application which includes full
site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the
ultimate paving, landscaping, and curbing improvements.
(f) In all districts other than the A -O District, this deferral shall apply only to the required
paving, curbing and landscaping which is applicable to the existing portion of the use and building.
Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the
expansion.
(6) Deferred parking. Where a proposed use clearly demonstrates affirmative design efforts
toward the preservation and enhancement of desirable natural site characteristics, ordinance- required
paved parking spaces may be reduced and installation deferred until such time as the need for the full
complement of parking. The need shall be determined in conformance with a "proof of parking" plan
so approved by the Community Development Department.
(7) Permit required. A permit shall be required for the installation of any surfacing material
intended to be utilized for off-street parking. The fee for an off-street parking permit shall be set forth
in a fee schedule adopted by the City Council. The fee payment shall accompany the permit application.
(8) Maintenance. It shall be the joint and several responsibility of the lessee and owner of the
principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways
striping, landscaping, and required fences.
2022S-3
Zoning
(F) Standards applicable to residential uses.
(1) Location of required parking in residential areas.
9••
(a) For single-family and two-family dwellings, off-street parking on a paved driveway
within 15 feet of any street surface shall be allowed as long as it does not block any public sidewalk or
pathway.
(b) In the case of townhouse dwellings, parking shall be prohibited in any portion of the
front yard except designated driveways leading directly into a garage or one open paved space located
on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete
or bituminous material. For single-family and two-family dwellings, parking shall be located as found
in Table 4-9 and Figure 4-11.
(c) Parking and/or storage of passenger vehicles, recreational vehicles and equipment,
emergency vehicles, and small commercial vehicles shall conform to the requirements of Table 4-9 and
Figure 4-11. For the purposes of Table 4-9 and Figure 4-11, emergency vehicles shall be treated as
"small commercial vehicles". but without limitations as to size.
(d) Under no circumstances shall large commercial vehicles be parked or stored in
residential zoning districts, or on property that is used for residential purposes.
TABLE 4-9: TYPE OF REQUIRED BUFFER YARD FOR OFF-STREET PARKING AREAS IN
RESIDENTIAL AREAS
Diagram
Passenger
Recreational
Emergency
Small
Other Notes
Area
Vehicles [I]
Vehicles [1]
Vehicles [1]
Construction
Key
Vehicles [1]
Driveway
A
Any number
One such
One such
Any number
leading
(paved)
vehicle
vehicle
(paved)
directly into a
(paved)
(paved)
garage within
the front yard
of a lot
Parking space
B
One
One such
One such
One passenger
adjacent to the
passenger or
vehicle, if it is
vehicle (paved)
or small
driveway
small
the only such
commercial
within the
commercial
vehicle within
vehicle (paved)
front yard of a
vehicle
the front yard
lot
(paved)
(surfaced)
Other portions
C
No
No
No
No
of the front
yard
2022S-3
400
Monticello - Land Usage
TABLE 4-9: TYPE OF REQUIRED BUFFER YARD FOR OFF-STREET PARKING AREAS IN
RESIDENTIAL AREAS
Diagram
Passenger
Recreational
Emergency
Small
Other Notes
Area
Vehicles [I]
Vehicles [1]
Vehicles [I]
Construction
Key
Vehicles [1]
Side yard,
D
Yes, within
Yes within a
Yes, within a
Yes, within a
Must maintain
adjacent to
a space
space consisting
space
space consisting
minimum 3
garage side of
consisting
of the 15 feet
consisting of
of the 15 feet
foot setback to
structure
of the 15
adjacent to the
the 15 feet
adjacent to the
side lot line in
feet adjacent
building
adjacent to the
building
all cases
to the
(unsurfaced)
building
(surfaced)
building
(surfaced)
(surfaced)
Side yard
E
No
No
No
No
more than 15
feet from
garage
Side yard on
F
No
No
No
No
opposite side
of house from
garage
Side yard on
G
Yes, within
Yes within a
Yes, within a
Yes, within a
Must maintain
corner lot
a space
space consisting
space
space consisting
minimum 3
facing a public
consisting
of the 15 feet
consisting of
of the 15 feet
foot setback to
street
of the 15
adjacent to the
the 15 feet
adjacent to the
side lot line in
feet adjacent
building.
adjacent to the
building
all cases. This
to the
(unsurfaced)
building
(surfaced)
space may
building
(surfaced)
encroach to
(surfaced)
within 5 feet
of the right-of-
way, provided
screening is
included.
Rear yard
H
No
Yes (unsurfaced)
No
No
No current
limit to
number of
such vehicles -
must maintain
a 3 foot
setback to lot
line
[1] See § 153.012 for definition.
2022S-3
Zoning
Figure 4-11
i T R E E T
(2) Vehicular use area design in residential areas.
(a) Curb cuts and access.
1. Single-family uses shall be limited to one curb cut access per property.
401
2. Curb cut access shall be at a minimum three feet from the side yard property line
in residential districts.
(b) Surfacing. Paving and surfacing requirements for parking and storage of passenger
vehicles, emergency vehicles, recreational vehicles, and small commercial vehicles for single and
two-family dwellings shall be as found in Table 4-9 and Figure 4-11.
(c) Residential district garage requirements. In all residential zoning districts, all detached
single-family homes and duplex units shall include development of an attached or detached garage. The
minimum size requirement for the garage floor shall be 450 sq. ft. with a minimum garage door opening
of 16 ft. with the following exceptions and/or deviations by district:
1. R-1 District. An attached garage of at least 550 square feet shall be constructed
as part of any single-family home.
2. R -A District.
a. An attached garage of at least 700 square feet shall be constructed as part of
any single-family home.
2022S-3
402 Monticello - Land Usage
b. Garage frontage: From side building line to side building line of any single-
family structure, no more than 40% of such building width shall consist of garage doors that face the
street. Side or rear loaded garages are not subject to this regulation. An exception shall be made for
garage doors that face the street, but are set back at least ten feet in back of the front building line of the
principal use.
c. No portion of any garage space may be more than five feet closer to the street
than the front building line of the principal single-family use.
3. R-2 District. An attached garage of at least 450 square feet shall be constructed
as part of any single-family home.
4. T -N District.
a. A garage of at least 480 square feet, attached or detached, shall be constructed
as a part of any single-family home.
b. Garage frontage: From side building line to side building line of any single-
family structure, no more than 50% of such building width shall consist of garage doors that face the
street. Side or rear loaded garages, or detached garages in the rear yard, are not subject to this
regulation. An exception shall be made for garage doors that face the street, but are set back at least ten
feet in back of the front building line of the principal use.
c. No portion of any garage space may be more than five feet closer to the street
than the front building line of the principal single-family use.
(G) Standards applicable to commercial, industrial and civic/institutional uses.
(1) Location of required parking for commercial, industrial and civic/institutional uses.
(a) In business, industrial and institutional areas, no parking area may be located upon a
public drainage and/or utility easement adjoining a public street without an encroachment agreement
approved by the Community Development Department.
(b) In the B-1 district, off-street parking shall not include semi -trailer trucks.
(2) Vehicular use area design applicable to commercial, industrial & civic/institutional uses.
(a) Access and curbing.
1. Curb cut access in industrial and commercial zoning districts may exceed 24 feet
with the approval of the Community Development Department. Denial by the Community Development
Department of curb cut access in excess of 24 feet may be appealed following the procedures outlined
in § 153.028(H).
2022S-3
Zoning
403
2. Curb cut access shall not be closer than six feet to any lot line as measured from
the lot line to the face of the curb. An exception to the setback requirement shall be granted in business
districts where adjoining business provide for private cross access between parking lots.
3. All off-street parking areas and driveways shall have a six-inch non -surmountable
continuous concrete curb around the perimeter of the parking area and driveways. The Community
Development Department may approve bituminous curbing as a temporary measure under the following
conditions:
a. If the area is shown by adequate site plans and reasonable growth to be subject
to a future expansion of the driveway and/or parking area.
b. The area is shown by adequate site plans to be able to control site traffic and
circulation as recommended by the Community Development Department. The Community Development
Department may approve movable curb stops as a temporary traffic control measure.
c. The area is shown by adequate drainage plans to be able to control drainage
as recommended by the Community Development Department. The Community Development
Department may approve bituminous curbing as a temporary drainage control measure.
4. Adjoining business properties may allow cross parking and/or access if authorized
by a conditional use per the requirements of § 153.028(D) and subject the following conditions:
parcels in question.
a. The required island and landscaping requirements in § 153.060 are met.
b. The vehicular use area meets the required setback at the perimeter of the
c. The curb cut access locations to the parking lot(s) are approved by the city.
d. A shared parking/access and maintenance agreement is provided by the
parking owners and recorded against all subject properties.
(b) Parking setbacks for the CCD District.
From public street right-of-way: Six feet.
2. From private property: Six feet, except that parking lots may provide shared access
driveways or spaces between adjoining private parking lots. In the CCD, such shared access driveways
or spaces shall be permitted, exempt from the requirement for a conditional use permit applicable in
other zoning districts.
(c) Perimeter vehicular use buffer.
2022S-3
404 Monticello - Land Usage
1. Open, non-residential off-street parking areas shall be designed to screen headlights
from abutting or surrounding residential districts through the use of a half -berm design. Said design shall
be required in all instances where headlights are directed at surrounding or abutting residential
properties. A half -berm is required in addition to any buffer yard landscaping requirements with a design
as illustrated in Figure 4-12:
Fieure 4-12
Required Buffer Required
Landscaping f Half Berm
Mon -residential
Residenrial OH -street
area M slope Parking Area
2. In the event that drainage or other conditions do not permit a berm of this size and
for parcels in the CCD district which abut residentially zoned property, a solid, maintenance free fence
may be permitted for all or a portion of the retaining wall to the extent necessary to permit property
drainage. Examples may include a two -foot retaining wall and berm, with a four foot tall fence section.
This alternative may be allowed by conditional use permit. Any fence proposed in lieu of the required
design must be 100% opaque and in character with the surrounding area.
(3) Joint facilities for commercial, industrial & civic/institutional uses. The City Council may,
after receiving a report and recommendation from the Planning Commission, approve a conditional use
permit for one or more businesses to provide the required off-street parking facilities by joint use of one
or more sites where the total number of spaces provided are less than the sum of the total required for
each business should they provide them separately. When considering a request for such a permit, the
Planning Commission shall not recommend that such permit be granted nor the Council approve such
a permit except when the following conditions are found to exist:
(a) Up to 50% of the parking facilities required for a theatre, bowling alley, dance hall,
bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified
as a primarily daytime use in division (d) below.
(b) Up to 50 % of the off-street parking facilities required for any use specified under
division (d) below as primary daytime uses may be supplied by the parking facilities provided by the
following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches,
bowling alleys, dance halls, theatres, bars, or restaurants.
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405
(c) Up to 80% of the parking facilities required by § 153.067 for a church or for an
auditorium incidental to a public or parochial school may be supplied by off-street parking facilities
provided by uses specified under division (d) below as primarily daytime uses.
(d) For the purpose of this section, the following uses are considered as primarily daytime
uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture
shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses.
(e) Conditions required for joint use:
1. The building or use for which application is being made to utilize the off-street
parking facilities provided by another building or use shall be located within 300 feet of such parking
facilities with the following exception: For theatres located in the Original Plat of Monticello, theatre
parking provided by another use shall be located within 500 feet of said theatre.
2. The applicant shall show that there is no substantial conflict in the principal
operating hours of the two buildings or uses for which joint use of off-street parking facilities is
proposed.
3. A properly drawn legal instrument executed by the parties concerned for joint use
of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney,
shall be filed with the City Administrator and recorded with the County Recorder, Wright County.
§ 153.068 OFF-STREET LOADING SPACES.
(A) Purpose. The regulation of loading spaces in these zoning regulations is to alleviate or prevent
congestion of the public right-of-way and so to promote the safety and general welfare of the public by
establishing minimum requirements for off-street loading and unloading from motor vehicles in
accordance with the utilization of various parcels of land or structures.
(B) Location.
(1) All required loading berths shall be off-street and located on the same lot as the building
or use to be served.
(2) The location of required loading births shall be such that circulation occurs within the
designated site or property and does not depend upon a public street or alley.
(3) All loading berth curb cuts shall be located at a minimum 50 feet from the intersection of
two or more street rights-of-way. This distance shall be measured from the property line.
(4) No loading berth shall be located closer than 50 feet from a residential district unless within
a structure.
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(5) Loading berths shall not occupy the front yard setbacks.
(6) Loading berths located at the front or at the side of buildings on a corner lot shall only be
permitted if the following conditions can be met:
(a) Loading berths shall not conflict with pedestrian movement.
(b) Loading berths shall not obstruct the view of the public right-of-way from off-street
parking access.
(c) Loading berths shall comply with all other requirements of § 153.067.
(d) All screening requirements of § 153.060(I) are met.
(7) Each loading berth shall be located with appropriate means of vehicular access to a street
or public alley in a manner which will cause the least interference with traffic.
(C) Surfacing. All loading berths and accessways shall be improved with not less than six-inch class
five base and two-inch bituminous surfacing to control the dust and drainage according to a plan
submitted to and subject to the approval of the Community Development Department.
(D) Accessory use, parking and storage. Any space allocated as a required loading berth or access
drive so as to comply with the terms of these zoning regulations shall not be used for the storage of
goods, inoperable vehicles, or snow shall not be included as part of the space requirements to meet the
off-street area.
(E) Screening. All loading areas shall be screened and landscaped in compliance with § 153.060(I),
of this chapter.
(F) Size. Unless otherwise specified in these zoning regulations, the first loading berth shall be not
less than 55 feet in length, and all loading berths shall be not less than 30 feet in length. All loading
berths shall be not less than ten feet in width and 14 feet in height, exclusive of aisle and maneuvering
space.
(G) Number of loading berths required. The number of required off-street loading berths shall be
as follows:
(1) Manufacturing, fabrication, processing, warehousing, storing, retail sales, schools and
hotels. For such a building 5,000 to 100,000 square feet of floor area, one loading 55 feet in length and
one additional berth for each additional 100,000 square feet or fraction thereof, plus one berth 30 feet
in length for each 35,000 square feet of floor area or fraction thereof.
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(2) Auditorium, convention hall, exhibition hall, sports arena or stadium. Ten thousand to
100,000 square feet of floor area, one loading berth; for each additional 100,000 square feet of floor area
or fraction thereof, one additional loading berth.
§ 153.069 GRADING, DRAINAGE, STORMWATER MANAGEMENT AND EROSION
CONTROL.
(A) Purpose.
(1) Statutory authorization. This section is adopted pursuant to the authorization and policies
contained in M.S. Chapters 103B and 462, as they may be amended from time to time; Minn. Rules,
Parts 6120.2500-6120.3900, Minn. Rules Chapters 8410, 8420 and 70510.0210.
(2) Findings. The City of Monticello finds that uncontrolled stormwater runoff and construction
site erosion from land development and land disturbing activities can have significant adverse impacts
upon local and regional water resources, diminishing the quality of public health, safety, public and
private property and natural resources of the community.
(3) Purpose. The general purpose of this section is to establish regulatory requirements for land
development and land disturbing activities aimed at minimizing the threats to public health, safety, public
and private property and natural resources within the community resulting from construction site erosion
and post -construction stormwater runoff.
(4) This chapter is intended to meet the current construction site erosion and sediment control
and post -construction stormwater management regulatory requirements for construction activity and
small construction activity (NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15),
respectively.
(5) This chapter is intended to meet the minimal impact design standards (MIDS) developed
under M.S. 2009, § 115.03, subdivision 5c, as it may be amended from time to time.
(B) Definitions. Definitions for the following terms can be found in § 153.012.
(1) Best management practices (BMPs).
(2) Contractor.
(3) Dewatering.
(4) Erosion.
(5) Erosion prevention.
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Monticello - Land Usage
(6) Final stabilization.
(7) Impervious surface.
(8) Land disturbing activity.
(9) Owner.
(10) Permanent cover.
(11) Sediment.
(12) Stabilized.
(13) Stormwater.
(14) Stormwater pollution prevention plan.
(15) Surface water or waters.
(16) Temporary erosion protection.
(C) Permits.
(1) The thresholds for required grading, drainage, stormwater management and erosion control
permits along with the permit review process is outlined in § 153.028(M).
(2) The permittee(s) shall be responsible for obtaining required permits from other government
agencies prior to conducting grading work (e.g. dewatering a site for development will require one or
more permits from the MPCA).
(D) Grading, drainage, stormwater management, and erosion control plan requirements. Grading,
drainage, stormwater management and erosion control plans are required for any activities that require
a grading permit as defined in § 153.028(M). The plans shall contain the following information and be
in conformance with the city's plan requirements and design guidelines ("design manual"):
(1) The name and address of the applicant, a legal description of the site, north point, date and
scale of drawing and number of sheets;
(2) An existing site map: a map of existing site conditions showing the site and immediately
adjacent areas, which shall include the following information:
(a) Existing topography with a contour interval appropriate to the topography of the land
but in no case having a contour interval greater than two feet;
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(b) A delineation of all surface waters located on and immediately adjacent to the site,
including depth of water, a description of all vegetation which may be found in the water, a statement
of general water quality and any classification given to the water body or wetland by the Minnesota
Department of Natural Resources, the Minnesota Pollution Control Agency, and/or the United States
Army Corps of Engineers;
(c) The location and dimensions of existing stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site delineating the direction and the rate the
stormwater is conveyed from the site, identifying the receiving stream, river, public water, or wetland
and setting forth those areas of the unaltered site where stormwater collects;
(d) A description of the soils of the site, including a map indicating soil types of areas to
be disturbed as well as a soil report containing information on the suitability of the soils for the type of
development proposed and for the type of sewage disposal proposed which describes any remedial steps
to be taken by the applicant to render the soils suitable;
(e) The location and type of vegetative cover on the site and clearly delineating any
vegetation proposed for removal;
(f) One -hundred -year floodplain, flood fringes and floodways boundaries; and
(g) The location of any water body, and any biologically or archaeologically significant
areas within one mile of the site that is identified as: (CGP Part I.B.6).
1. Impaired pursuant to section 303(d) of the Federal Clean Water Act (33 U.S.C.
section 303(d)) where the identified pollutant(s) or stressor(s) are phosphorus (nutrient eutrophication
biological indicators), turbidity, dissolved oxygen or aquatic biota (fish bioassessment, aquatic plant
bioassessment and aquatic macroinvertebrate bioassessment), and with or without a U.S. Environmental
Protection Agency (USEPA) approved Total Maximum Daily Load (TMDL) for any of these identified
pollutant(s) or stressors(s) also meeting the specific impaired waters criteria of the Minnesota Pollution
Control Agency's National Pollutant Discharge Elimination System (NPDES) construction general permit
(Permit No: MN R10001), regarding construction -site erosion and sediment control;
2. An outstanding resource value waters as listed in Minn. Rules 7050.0180, subp.
3, 4, 5, 6, 6a and 6b;
3. A trout waters as listed in Minn. Rules 6264.0050, subp. 2 and 4;
4. A wetland defined in Minn. Rules 7050.0186 subd.la.B;
5. Any lands where state or federally listed endangered or threatened species are
known to occur, or properties listed in the National Register of Historic Places, including archaeological
sites may be impacted.
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(3) A site construction plan which shall include the following information:
(a) Locations and dimensions of all proposed land disturbing activities and any phasing
of those activities;
(b) Locations and dimensions of all temporary soil or dirt stockpiles;
(c) Locations and dimensions of all erosion prevention measures and best management
practices necessary to meet the requirements of this chapter;
(d) Schedule of anticipated start and completion dates of each land disturbing activity
including the dates of installation of erosion prevention measures for each phase needed to meet the
requirements of this chapter; and
(e) Provisions for maintenance of the erosion and sediment prevention measures prior to
final stabilization.
(4) A plan of final site conditions, which shall include the following information:
(a) Finished grading shown at contours at the same interval as provided on the existing site
map to clearly indicate the relationship of proposed changes to the site's existing topography and
remaining features;
(b) A landscape plan, drawn to an appropriate scale, including dimensions and distances
and the location, type, size and description of all proposed landscape materials that will be added to the
site;
(c) A drainage plan of the developed site delineating in which direction and the rate
stormwater will be conveyed from the site and setting forth the areas of the site where stormwater will
be allowed to collect;
(d) The proposed size, alignments and intended use of any structures to be erected on the
site;
(e) A clear delineation and tabulation of all impervious surfaces to be installed on the site,
including a description of the surfacing material to be used;
(f) Any other information pertinent to the particular project which in the opinion of the
applicant is necessary for the review of the project;
(g) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected
seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both
temporary and permanent vegetative control measures. Required specifications are referenced in the City
of Monticello's Design Manual;
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(h) Provisions for maintenance of erosion and sediment plan, specifically in boulevards,
easements and other public areas, and estimates of the cost of maintenance;
(i) Provisions for regular permittee inspections of all control measures in accordance with
the inspection schedule outlined on the approved grading, drainage, stormwater management and erosion
control plan(s); and
0) Modifications to the plan shall be processed and approved or disapproved in the same
manner as a new application per the requirements of § 153.028(M).
(5) A copy of the applicant's Minnesota Pollution Control Agency's Permit for discharging
stormwater from construction activity (MN R100001), if the area of disturbed land is equal to or greater
than one acre. A stormwater pollution prevention plan must be prepared and must meet the NPDES
requirements and conform to the SWPPP standards specified in the MPCA NPDES construction general
permit (Permit No: MN R10001).
(E) Stormwater management. Plan required: The proposed provisions for stormwater runoff shall
be documented in a stormwater management plan including a narrative, prepared by a Minnesota licensed
engineer to stating how the proposed activity meets the requirements of the City of Monticello's Design
Manual.
(1) Minimum standards for runoff water management plans. A runoff water management plan
shall include the following items:
(a) A map containing a delineation of the subwatershed contributing runoff from off site,
and proposed and existing subwatersheds on site. The delineation shall conform to the nomenclature of
the water resources management plan and shall indicate any significant departures from the watershed
delineation of the water resources management plan
(b) Delineation of existing on site "wetlands", as defined in the Wetland Conservation Act,
lakes, watercourses, shoreland, and/or floodplain areas.
(c) For water bodies and channels, a listing of normal (runout) and calculated ten-year and
100 -year elevations on site for both existing and proposed conditions.
(d) Stormwater runoff volumes and rates for existing and proposed conditions.
(e) All hydrologic and hydraulic computations completed to design the proposed
stormwater management facilities. Reservoir routing procedures and critical duration runoff events shall
be used for design of water storage areas and outlets.
(f) A checklist of best management practices to demonstrate that, to the maximum extent
practical, the plan has incorporated the structural and nonstructural best management practices described
in the book "Protecting Water Quality In Urban Areas", published by the Minnesota Pollution Control
Agency or the applicable publications.
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412 Monticello - Land Usage
(g) A grading plan identifying stormwater overflow routes along streets or drainage
easements designed to protect structures from damage due to:
1. Storms in excess of the design storm; or
2. Clogging, collapse or other failure of the primary drainage facilities.
(h) An assessment of the potential for construction or contribution to regional detention
basins, as opposed to the construction of on-site stormwater basins. The water resources management
plan identifies potential regional stormwater basins for control of rate and nutrient loading. The
following criteria shall be used to determine whether on site storage is required within the subdivision:
1. If the stormwater management plan indicates construction or enlargement of a
storage site or water quality storage in a wetland or other water body, the facility or its equivalent shall
be constructed to meet the goals of the water resources management plan.
2. If a proposed subdivision is indirectly tributary to a water body and the intervening
regional detention storage is inadequate, in the opinion of city staff, to meet the water quality goals for
downstream water bodies as described in the water resources management plan, additional on-site
stormwater basin construction will be required to meet these goals.
3. If a proposed subdivision will increase rates of runoff and where downstream
stormwater storage or conveyance facilities are inadequate to protect downstream riparian owners from
effects of these increases, then on site stormwater storage must be constructed to restrict stormwater rates
to the predevelopment rates.
(2) Where on site water quality detention basins are required, the permittee(s) will have to
comply with the design and sizing requirements determined by the City of Monticello's Design Manual.
(3) Maintenance of private stormwater management facilities.
(a) No private stormwater management facilities may be approved unless a maintenance
plan is provided and is consistent with the City's Design Manual. All such facilities shall be inspected
annually, with reports submitted to the city, and maintained in proper condition consistent with the
performance standards for which they were originally designed.
(b) Owners of private stormwater management facilities shall provide an agreement to the
city describing responsibility for the long-term operation and maintenance of the facilities.
(4) Public stormwater management facilities - easements. The applicant shall establish, in a
form acceptable to the city, temporary and perpetual easements, or dedicated outlots, for ponding,
flowage, and drainage purposes over hydrologic features such as water bodies and stormwater basins.
The easements or outlots shall include the right of reasonable access for inspection, monitoring,
maintenance, and enforcement purposes.
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Zoning
(F) Construction requirements.
(1) Construction specifications.
413
(a) Site dewatering and basin draining: Water pumped from the site shall be treated by
temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydrocyclones, swirl
concentrators or other appropriate controls as appropriate. Water shall not be discharged in a manner
that causes erosion, scour, sedimentation or flooding of the site, receiving channels or wetlands.
(b) Grading, erosion and sediment controls as specified in the City's Design Manual.
(c) Tracking: All roads, access drives and parking areas must utilize a temporary tracking
pad and must be of sufficient width and length to prevent sediment from being tracked onto public or
private roadways and/or the stormwater conveyance system. Temporary tracking pads must be installed
and maintained in all locations on the site where vehicles enter and exit.
(d) Clearing and grading of natural resources, such as forests and wetlands, shall not be
permitted, except when in compliance with all provisions of this chapter. Clearing techniques that retain
natural vegetation and drainage patterns shall be recommended as necessary and used to the satisfaction
of the Community Development Department.
(e) Clearing, except that necessary to establish sediment control devices, shall not begin
until all sediment control devices have been installed and have been stabilized.
(f) Building products that have the potential to leach pollutants must be undercover (e.g.,
plastic sheeting or temporary roofs) to prevent the discharge of pollutants or protected by a similarly
effective means designed to minimize contact with stormwater.
(g) Pesticides, herbicides, insecticides, fertilizers, treatment chemicals, and landscape
materials must be under cover (e.g., plastic sheeting or temporary roofs) to prevent the discharge of
pollutants or protected by a similarly effective means designed to minimize contact with stormwater.
(h) Fueling and maintenance of equipment or vehicles; spill prevention and response: The
permittee(s) shall take reasonable steps to prevent the discharge of spilled or leaked chemicals, including
fuel, from any area where chemicals or fuel will be loaded or unloaded including the use of drip pans
or absorbents unless infeasible. The permittee(s) must conduct fueling in a contained area unless
infeasible. The permittee(s) must ensure adequate supplies are available at all times to clean up
discharged materials and that an appropriate disposal method is available for recovered spill materials.
The permittee(s) must report and clean up spills immediately as required by M.S. § 115.061, as it may
be amended from time to time, using dry cleanup measures where possible.
(i) Phasing may be required on all sites based on site specifics, with the size of each phase
to be established at plan review and as approved by the Community Development Department.
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414 Monticello - Land Usage
0) Silt fence or equivalent sediment control measures to be used must conform to the city's
standards.
(k) Silt fences or equivalent sediment control measures must be installed along the
downslope and sideslope perimeters and up -gradient of any buffer zones from the approved grading and
construction limits before any up -gradient land -disturbing activities begin. Perimeter controls should be
located to maintain a buffer of existing vegetation during construction, as site conditions allow, along
the edges of any curbs, wetlands, channels or other water resources that could receive sediment from
the site. These controls shall remain in place until final stabilization has been established.
(1) Sufficient silt fence or equivalent sediment control measures are required to hold all
sheet flow runoff generated at an individual site to minimize sediment from entering surface waters,
including curb and gutter systems and storm sewer systems. Additional measures such as check dams,
diversion, temporary or permanent sedimentation basins and drainage ditches are required to handle
channelized flow. Additional upgradient sediment control practices or redundant BMPs shall be installed
if down gradient sediment controls are overloaded (based on frequent failure or excessive maintenance
requirement) (CGP Part IV. C. 1. a -b) .
(m) All storm drain inlets must be protected during construction until all sources with
potential for discharging to the inlet have been stabilized (CGP Part IV.C.4).
(n) Soil stabilization shall be initiated immediately to limit soil erosion but in no case
completed later than 14 days after construction activity in that portion of the site has temporarily or
permanently ceased, and seven days if discharge points are located within one -mile of an impaired or
special waterbody.
(o) Final stabilization on all sites shall become established within six months. The City of
Monticello may require the site to be reseeded or a non -vegetative option employed.
(p) Seeding shall be in accordance with the city's current seeding specification as detailed
in the Design Manual. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for
seed retention.
(q) Special techniques that meet the design criteria outlined in Design Manual shall be in
place on steep slopes or in drainage ways to ensure stabilization.
(r) Soil stockpiles which shall be inactive for a period of seven or more days shall include
provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public
rights-of-way or waterways is prohibited.
(s) The entire site must be stabilized to a minimum of 70 % coverage, using a heavy mulch
layer or another method that does not require germination to control erosion, at the close of the
construction season.
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Zoning
415
(t) Techniques shall be employed to prevent the blowing of dust or sediment from the site.
(u) Techniques that divert upland runoff past disturbed slopes shall be employed.
(v) For sites that have more than ten acres of disturbed soil that drains to a common
location, one or more temporary sediment basins shall be constructed. Use of temporary basins is
encouraged when construction projects will impact steep slopes or when highly erodible soils are present.
The basin shall provide treatment to the runoff before it leaves the construction site or enters surface
waters. The temporary sediment basins must be designed and constructed as follows:
1. Provide live storage for a calculated volume of runoff from a two-year, 24-hour
storm from each acre drained to the basin. All basins shall provide at least 1,800 cubic feet of live
storage from each acre drained or more.
2. For basins where the calculation from the previous requirement has not been
performed, a temporary sediment basin providing 3,600 cubic feet of live storage from each acre drained
to the basin shall be provided.
3. The outlet structure must be designed to withdraw water from the surface in order
to minimize the discharge of pollutants.
floating debris.
4. The basin outlet shall be designed to prevent short-circuiting and the discharge of
5. Ensure the basin can be completely drawn down to conduct maintenance activities.
6. Include energy dissipation on the outlet of the basin and a stabilized emergency
overflow to prevent failure of pond integrity.
7. Be located outside of surface waters or any buffer zone, and be designed to avoid
draining water from wetlands unless appropriate approval from the U.S. Army Corps of Engineers and
the Minnesota Department of Natural Resources is obtained.
8. If installation of a temporary sediment basin is infeasible, equivalent sediment
controls such as smaller sediment basins, and/or sediment traps, silt fences, vegetative buffer strips, or
any appropriate combination of measures are required for all down-slope boundaries of the construction
area and for side -slope boundaries where appropriate. Determination of infeasibility shall be documented
in the erosion and sediment control plan.
(2) Waterway and watercourse protection requirements. The permittee(s) shall implement the
following waterway and watercourse measures on the site:
(a) A temporary stream crossing installed and approved by the local government unit and
regulating agency if a wet watercourse will be crossed regularly during construction.
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416 Monticello - Land Usage
(b) Stabilization of the watercourse channel before, during, and within 24 hours after any
in -channel work.
(c) The normal wetted perimeter of any temporary or permanent drainage ditch or swale
that drains water from the site, or diverts water around a site must be stabilized within 24 hours of
connecting to a surface water and within 200 feet of the water's edge of a public waters that drains to
waters where the Minnesota Department of Natural Resources has promulgated "work in water
restrictions" during specified fish spawning time frames (CGP Part IV.A.2).
(d) Portions of the ditch that are under construction must be stabilized within 24 hours after
the construction activity in that portion has ceased. The normal wetted perimeter is defined as the area
that is in contact with water during annual flow events.
(e) All on-site stormwater conveyance channels designed according to the criteria outlined
in the plan requirements and design guidelines.
(f) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved
channels.
(3) Pollution prevention management measures. The permittee(s) shall implement the following
pollution prevention management measures on the site:
(a) Solid waste: Collected sediment, asphalt and concrete millings, floating debris, paper,
plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and
must comply with MPCA disposal requirements.
(b) Hazardous materials: Oil, gasoline, paint and any hazardous substances must be
properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted
access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste
must be in compliance with MPCA regulations.
(c) External washing of trucks and other construction vehicles must be limited to a defined
area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is
allowed on site.
(d) Portable toilets must be positioned so that they are secure and will not be tipped or
knocked over. Sanitary waste must be disposed of properly in accordance with Minn. Rules Ch. 7041.
(e) Concrete and other washout waste must have effective containment for all liquid and
solid wastes generated by these operations related to the construction activity. The liquid and solid
washout wastes must not contact the ground outside a proper containment area. Waste must be disposed
of properly and in compliance with MPCA rules, and a sign must be installed adjacent to each washout
facility.
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Zoning 417
(4) Special and impaired waters. Additional BMPs together with enhanced runoff controls are
required for discharge from a site to special and impaired water as defined by Appendix A of the
Minnesota Pollution Control Agency General Stormwater Permit for Construction Activity.
(G) Inspection.
(1) Notification. The Erosion Control Inspector shall make inspections as hereinafter required
and either shall approve that portion of the work completed or shall notify the permittee wherein the
work fails to comply with the Erosion and Sediment Control Plan as approved.
(2) Procedure. The city shall inspect all permit sites once per week and within 24 hours after
a rain event greater than one-half inch. The city shall also require inspections at other development
benchmarks as follows and as applicable. Inspections must be continued until final stabilization has
occurred. To obtain inspections, the permittee shall notify the City of Monticello at least one working
day before the following:
(a) Installation of sediment and erosion control measures;
(b) Start of construction or site development;
(c) Close of the construction season;
(d) Completion of final stabilization/landscaping;
(e) Removal of erosion control measures;
(f) Final project compliance and acceptance close-out.
(3) Material requirements. Seed tags shall be submitted to the Erosion Control Inspector for
approval prior to commencing work. Proof of application rates shall be provided.
(4) Permittee inspection. The permittee or his/her agent shall also make regular inspections of
all control measures in accordance with the inspection schedule outlined on the approved grading,
drainage and erosion control plan(s). The purpose of such inspections will be to determine the overall
effectiveness of the control plan and the need for additional control measures. All inspections shall be
documented in written form and submitted to the City of Monticello at the time interval specified in the
approved permit. The records of each inspection and maintenance activity shall include the following
information:
(a) Date and time of inspection;
(b) Name(s) of persons conducting the inspection;
(c) Findings of inspections, including recommendations for corrective actions;
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418 Monticello - Land Usage
(d) Corrective actions taken, including the dates, times and the name of the party
completing the corrective action;
period; and
(e) Date and the amount of rainfall events that are greater than one-half inch in a 24-hour
(f) Documentation of any changes made to the Stormwater Pollution Prevention Plan.
(5) Authorization. A member of the Community Development Department shall enter the
property of the applicant as deemed necessary to make regular inspections to ensure the validity of the
reports filed under § 153.068(E)(4).
(H) Site maintenance.
(1) Responsibilities.
(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has resulted
from construction work by the developer, home builders, subcontractors, their agents or assigns. Prior
to any construction in the plat, the developer shall provide the Community Development Department
with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping.
(b) All silt fences and biorolls must be repaired, replaced or supplemented when they
become nonfunctional or the sediment reached one-half of the height of the fence or bioroll. Repairs shall
be made within 24 hours of discovery or as soon as field conditions allow access.
(c) Temporary and permanent sedimentation basins must be drained and the sediment must
be removed when the depth of the sediment collected in the basin reached one-half the storage volume.
Drainage and removal must be completed within 72 hours of discovery or as soon as final conditions
allow access.
(d) The applicant shall remove all deltas and sediment deposited in the surface waters,
including drainage ways, catch basins, and other drainage systems and must restabilize the areas where
sediment removal results in exposed soil. The removal and stabilization must take place within seven
days of discovery unless precluded by legal, regulatory or physical access constraints. In the event of
an access constraint, the applicant shall use all reasonable efforts to obtain access. If the access is
precluded, removal and stabilization must take place within seven calendar days of obtaining access. The
applicant is responsible for contacting all local, regional, state and federal authorities and obtaining any
required permits prior to conducting any work.
(e) No development, utility or street construction will be allowed and no building permits
will be issued unless the development is in full compliance with the requirements of this chapter.
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(I) Final stabilization. The permittee(s) must ensure final stabilization of the site after the
completion of construction activities and prior to the termination of the permit. Final stabilization is not
complete until all requirement in accordance to the definition in division (B) are complete that are
intended to prevent discharge of pollutants associated with stormwater discharges from the project.
(J) Certification.
(1) Approved grading, drainage, stormwater management, and erosion control plan.
(a) Plans for grading, stripping, excavating, and filling work bearing the stamp of approval
of the Community Development Department, as applicable, shall be maintained at the site during the
progress of the work.
(b) The stormwater pollution prevention plan (SWPPP) must:
1. Ensure the SWPPP is prepared by an individual trained in the design of
construction SWPPPs in accordance with the MPCA NPDES construction general permit training
requirements (CGP Part III.A.3);
2. Ensure at least one individual is present or available to the project site within 72
hours that is trained in the job duties for construction site management to inspect, oversee
implementation of, revise, and amend the SWPPP (CGP Part III.F.b);
3. Ensure at least one individual is present or available to the project site within 72
hours that is trained in the job duties for construction installation to perform or supervise the installation,
maintenance and repair of Best Management Practices (BMPs) (CGP Part III.F.c);
4. Document the name(s) of the trained personnel to design the construction SWPPP,
the construction site manager and the construction installer. Documentation shall include the date of
training, name of instructor(s), name of entity providing the training, content covered and hours of
training attended (CGP Part III.A.3).
(2) As -built grading plan and development plan. Within 30 days after completion of site
development as per the approved grading, drainage and erosion plan, and prior to the approval of
individual building permits, the developer shall provide the city with an as -built grading plan and
development plan as defined in the City of Monticello Plan Requirements and Design Guidelines.
(3) Procedure. The city will withhold issuance of building permits until the approved certified
as -built grading plan and as -built development plan are on file with the city, all securities as required by
this chapter are received, conservation easement posts are installed, and all erosion control measures are
in place as determined by the Community Development Department.
(4) Removal of erosion control measures. The above specified requirements will be authorized
for removal upon the sodding of the rear yards, completion of punch list items involving ponds and
slopes, final stabilization, completion of proper turf establishment and placement of the proper
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conservation easement posts and signs as specified. Inspection is required after the removal of erosion
control measures to verify proper restoration. Please refer to City of Monticello's Design Manual for
specifications.
(5) Notice of termination (NOT). The applicant must ensure final stabilization of the project.
The applicant must submit a NOT within 30 days of final stabilization being achieved, or another party
assuming control on all areas of the project that have not achieved final stabilization.
(K) Enforcement.
(1) Notice of violation. If the grading permittee fails to meet or maintain sediment and erosion
control measures per the approved grading, drainage, stormwater management, and erosion control plan,
the city shall issue a notice of violation. The notice of violation shall detail the default and prescribe a
remedy and required schedule for compliance.
(2) Lapse and order for work.
(a) If the grading permittee fails to meet or maintain sediment and erosion control
measures per the approved grading, drainage, stormwater management and erosion control plan, the city
may, in its discretion, perform the work or contract to have the work completed and draw down on the
security to pay any costs.
(b) The city will endeavor to notify the developer in advance of any proposed action, but
failure of the city to do so will not affect the developer's and city's rights or obligations hereunder.
(3) Stop work order/revocation of grading permit. In the event that any person holding a
grading permit pursuant to this chapter violates the terms of the permit or implements site development
in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons
residing or working in the neighborhood or development site so as to be materially detrimental to the
public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may
suspend or revoke the grading permit through the issuance of a stop work order or the revocation of the
grading or building permit.
(4) Violation and penalties.
(a) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation,
or fill, or cause the same to be done, contrary to or in violation of any terms of this chapter. Any person
violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and each day
during which any violation of any of the provisions of this chapter is committed, continued, or permitted,
shall constitute a separate offense.
(b) Upon conviction of any such violation, such person, partnership, or corporation shall
be punished by a fine as specified by the city ordinance per the fee schedule for each offense. In addition
to any other penalty authorized by this section, any person, partnership, or corporation convicted of
violating any of the provisions of this chapter shall be required to bear the expense of such restoration.
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§ 153.070 BUILDING MATERIALS.
421
(A) Purpose. The purpose of these regulations is to enhance the quality and longevity of buildings
in all zoning districts of the city, and to protect citizen investments in property value by ensuring
complementary building style, construction, and appearance.
(B) General requirements.
(1) Consistency required. In all districts, all buildings shall be finished on all sides with
consistent architectural quality, materials, and design.
(2) New materials. In recognition of the ever-changing marketplace for new finishing materials,
the Community Development Department may authorize the use of materials not listed herein if it is
determined that such a material is substantially similar or superior to one or more of the approved
building materials.
(C) Residential district requirements.
(1) All residence districts. No metal siding shall be permitted wider than 12 inches or without
a one-half inch or more overlap and relief.
(2) R-1 and R-2 Districts. A minimum of 15 % of the front building facade of any structure in
the R-1 or R-2 Districts, less the square footage area of windows and garage doors, shall be covered with
brick or stone. Any attached or major detached accessory building that can be seen from the street shall
meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may
reduce the brick or stone coverage to 5 %. The Planning Commission may approve optional facade
treatments prior to building permit when additional architectural detailing so warrants. Such detailing
may include usable front porches, extraordinary roof pitch or other features.
(3) R -A and T-NDistricts. A minimum of 20% of the front building fagade of any structure in
the R -A or T -N zoning district, less the square footage area of the garage doors, shall be covered with
brick or stone. Any attached or major detached accessory building that can be seen from the street shall
meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may
reduce the brick or stone coverage to 10%.
(4) R-3 District and other districts with multiple family housing. A R-3 District and other
districts with multiple -family housing shall be subject to building material standards as follows: all
building walls facing a public street shall be covered with stone, brick, cultured masonry simulating
brick or stone, or other enhanced materials acceptable to the City Council to an extent not less than 20 %
of the exposed wall silhouette area. In addition, multiple -family structures of 13 or more units shall,
when lap horizontal siding, be constructed of heavy gauge steel or cement -board, with no use of vinyl
or aluminum permitted. Natural wood or species that is resistant to decay may be permitted where
approved by the City Council.
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(5) Roofing materials. Roofing materials in residential districts, including for principal and
accessory buildings, shall consist of shingles made of asphalt, fiberglass, durable rot -resistant wood
(such as cedar), stone (such as slate) or architectural metal (including steel and copper). Heavy gauge
steel or copper may be used for standing -seam roofing. Steel may be used only when designed to
resemble traditional residential architectural roofing materials.
(D) Business district requirements. In all Business Zoning Districts (see table 3-1), the following
building materials standards shall apply.
(1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings, except
those specifically designed to have a corrosive designed finish such as"corten" steel, shall be permitted
in the districts listed herein.
(2) Buildings in these zoning districts shall maintain a high standard of architectural and
aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely
impact the property values of the abutting properties and shall have a positive impact on the public
health, safety, and general welfare, insofar as practicable.
(3) Exterior building finishes in the districts subject to this section shall consist of materials
compatible in grade and quality to the following:
(a) Brick.
(b) Natural stone.
(c) Decorative rock face or concrete block.
(d) Cast -in-place concrete or pre -cast concrete panels.
(e) Wood, provided that the surfaces are finished for exterior use and wood of proven
exterior durability is used, such as cedar, redwood, or cypress.
(f) Glass.
(g) Exterior insulated finish systems, where said system is manufactured to replicate the
look of one of the approved building materials in this section.
(h) Stucco.
(4) Metal exterior finishes shall be permitted only where coordinated into the overall
architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and
other similar features, and in no case shall constitute more than 15 % of the total exterior finish of the
building.
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(5) Metal roofing. Metal shall be an allowed roofing material in the "B", Business Districts,
provided such material is designed to resemble traditional commercial architecture and/or is designed
to complement the architectural design of the building.
(6) Building materials and design for the CCD District. All buildings within the CCD shall
meet the materials and design standards of the Comprehensive Plan as defined by the Downtown
Monticello Small Area Plan Amendment, the requirements of the CCD District, as well as the standards
in § 153.070.
(E) Industrial requirements.
(1) In the Industrial and Business Campus District (IBC), the following building materials and
standards shall apply:
(a) Buildings shall maintain a high standard of architectural and aesthetic compatibility
with conforming surrounding properties to ensure that they will not adversely impact the property values
of the abutting properties and shall have a positive impact on the public health, safety, and general
welfare, insofar as practicable.
(b) Exterior building finishes shall not consist of galvanized or unfinished steel, or
unfinished aluminum.
(c) Exterior building finishes shall consist of materials compatible in grade and quality to
the following:
1. Brick;
2. Natural stone;
3. Decorative rock face block or burnished block;
4. Wood, provided that the surfaces are finished for exterior use and wood of proven
exterior durability is used, such as cedar, redwood, or cypress;
5. Glass;
6. Stucco or substantially similar finish product;
7. Exterior insulated finish systems, where said system is manufactured to replicate
the look of one of the approved building materials in this section;
8. Cast in place concrete or pre -cast concrete panels.
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424 Monticello - Land Usage
(d) Metal exterior finishes shall be permitted only where coordinated into the overall
architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and
other similar features, and in no case shall constitute more than 15 % of the total exterior finish of the
building.
(e) Any exterior wall adjacent to a public street must have a higher level of aesthetics. This
could be accomplished by architectural design features. increased use of stone and/or brick across 15 %
of the facade area, combination of glass and architectural metals, or a wall plane articulation across 15 %
of the facade area. Such articulation must extend at least five feet from the primary building line of the
principal building structure.
(2) In the Light Industrial District (I-1), the following building material standards shall apply:
(a) Exterior building finishes shall not consist of galvanized or unfinished steel, or
unfinished aluminum.
(b) Any exterior wall adjacent to a public street must have a higher level of aesthetics. This
could be accomplished by architectural design features, increased use of stone and/or brick across 25 %
of the fagade area, combination of glass and architectural metals, or a wall plane articulation across 25 %
of the fagade area. Such articulation must extend at least five feet from the primary building line of the
principal building structure.
(c) Exterior building finishes shall consist of materials compatible in grade and quality to
the following:
Brick;
2. Natural stone;
Decorative rock face block or burnished block;
4. Glass;
5. Stucco or substantially similar finish product;
6. Exterior insulated finish systems. where said system is manufactured to replicate
the look of one of the approved building materials in this section;
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Zoning 425
7. Cast in place concrete or pre -cast concrete panels;
8. Textured finishes on metal panels to simulate stucco or other similar treatments;
9. Commercial -grade siding made of cement board. composition board, or other
durable material. not including vinyl.
(3) In the Heavy Industrial (I-2) districts, the following building material standards shall apply:
(a) Exterior building finishes shall not consist of galvanized or unfinished steel, or
unfinished aluminum.
100,
(b) Any exterior wall adjacent to a public street must have a
higher level of aesthetics. This could be accomplished by architectural
design features, increased use of stone and/or brick across 15% of the
fagade area, combination of glass and architectural metals, or a wall plane
articulation across 15 % of the fagade area. Such articulation must extend at
least five feet from the primary building line of the principal building
structure.
(c) Exterior building finishes shall consist of materials compatible in grade and quality to
the following:
1. Brick;
2. Natural stone;
3. Decorative rock face block or burnished block;
4. Glass;
5. Stucco or substantially similar finish product;
6. Exterior Insulated Finish systems. where said system is manufactured to replicate
the look of one of the approved building materials in this section;
7. Cast n place concrete or pre -cast concrete panels;
8. Textured finishes on metal panels to simulate stucco or other similar treatments;
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9. Commercial -grade siding made of cement board, composition board, or other
durable material, not including vinyl.
(F) Institutional requirements. All institutional uses shall adhere to the building materials
requirements spelled out for commercial districts in § 153.070(D) above.
(Ord. 791, passed 11-14-2022)
§ 153.071 WIND ENERGY CONVERSION SYSTEMS (WECS).
(A) Purpose. The purpose of this section is to regulate the installation and operation of Wind Energy
Conversion Systems (WECS) within the City of Monticello not otherwise subject to siting and oversight
by the State of Minnesota under the Minnesota Power Plant Siting Act (M.S. Chapter 216E, as it may
be amended from time to time) .
(B) WECS Requirements.
(1) General standards.
(a) Number per lot. No more than one WECS per lot shall be permitted.
(b) Height and setbacks. In all zoning districts, the setback of any WECS or associated
structures shall comply with the minimum yard requirements for principal structures within the district
in which the WECS is to be located or the distance of 1.1 times the total height, whichever is greater.
(c) Tower configuration.
1. All wind turbines which are part of a commercial WECS shall be installed with
a tubular, monopole type tower;
2. All non-commercial WECS shall be installed with monopole or lattice tower type;
3. No guyed towers shall be permitted.
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Zoning
(d) Color and finish.
427
1. All wind turbines and towers that are part of a commercial WECS shall be white,
grey or another non -obtrusive color.
2. Finishes shall be matte or non -reflective.
3. Blades may be black in order to facilitate deicing.
(e) Lighting.
1. Lighting, including lighting intensity and frequency of strobe, shall adhere to but
not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations.
2. Red strobe lights are preferred for night-time illumination to reduce impacts on
migrating birds; red pulsating incandescent lights should be avoided.
(f) Other signage. All signage on site shall comply with City Code. The manufacturer's
or owner's company name and/or logo may be placed upon the nacelle (compartment containing the
electrical generator) of the WECS.
(g) Feeder lines. All communications and feeder lines, equal to or less than 34.5 kV in
capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed
as part of a WECS shall not be considered an essential service.
(h) Shadow flicker. Shadow flicker may not exceed 30 hours per year and shall not fall
more than ten feet from an existing residential property.
(i) Waste disposal. Solid and hazardous wastes, including but not limited to crates,
packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from
the site promptly and disposed of in accordance with all applicable local, state and federal regulations.
0) Discontinuation and decommissioning.
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428 Monticello - Land Usage
1. A WECS shall be considered a discontinued use after 45 days without energy
production, unless a plan is developed and submitted to the City of Monticello outlining the steps and
schedule for returning the WECS to service. All WECS and accessory facilities shall be completely
removed within 90 days of the discontinuation of use.
2. Each commercial WECS shall have a decommissioning plan outlining the
anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a
discontinued use. The cost estimates shall be made by a competent party; such as a professional engineer,
a contractor capable of decommissioning or a person with suitable expertise or experience with
decommissioning. A security or bond in an amount sufficient to cover complete decommissioning
process shall be required as a condition of the conditional use permit.
(k) Orderly development. Upon issuance of a conditional use permit, all commercial WECS
shall notify the appropriate state agencies as may be required by state statute (e.g. Department of
Commerce, Public Utilities Commission, Environmental Quality Board).
(2) Safety design standards.
(a) Engineering certification. For all WECS, the manufacture's engineer or another
qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within
accepted professional standards, given local soil and climate conditions.
(b) Clearance. Rotor blades or airfoils must maintain at least 12 feet of clearance between
their lowest point and the ground.
(c) Warnings. For all commercial WECS, a sign or signs shall be posted on the tower,
transformer and substation warning of high voltage. Signs with emergency contact information shall also
be posted on the turbine or at another suitable location as determined by the city.
(d) Unauthorized climbing. The WECS shall be guarded against unauthorized climbing.
The first 12 feet of the tower shall be non -climbable by design or be enclosed by a six -foot -high,
non -climbable fence with a secured access.
(3) WECS performance standards.
(a) Noise. All WECS shall comply with Minn. Rules 7030 governing noise and
§ 153.091(A)(2)(f).
(b) Electrical codes and standards. All WECS and accessory equipment and facilities shall
comply with the National Electric Safety Code and other applicable standards.
(c) Federal Aviation Administration. All WECS shall comply with FAA standards and
permits.
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Zoning 429
(d) Minnesota State Building Code. All WECS shall comply with the International Building
Code as adopted by the State of Minnesota Building Code.
(e) Interference.
1. The applicant shall minimize or mitigate interference with electromagnetic
communications, such as radio, telephone, microwaves, or television signals cause by any WECS.
2. The applicant shall notify all communication tower operators within two miles of
the proposed WECS location upon application to the city for a WECS permit.
3. No WECS shall be constructed so as to interfere with any governmental unit
microwave transmissions.
(f) Right of entrance. Through acceptance of a conditional use permit for a WECS, the
owner/operator grants permission to the city to enter the property to remove the WECS pursuant to the
terms of the conditional use permit and to assure compliance with other conditions set forth in the permit.
(g) Avoidance and mitigation of damages to infrastructure and utilities.
1. Roads.
a. Applicants shall identify all county, city or township roads to be used for the
purpose of transporting commercial WECS, substation parts, concrete, and/or equipment for
construction, operation or maintenance of the commercial WECS and obtain applicable weight and size
permits from the impacted road authority(ies) prior to construction.
b. Applicants shall be responsible for restoring or paying damages as agreed to
by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction
conditions.
2. Drainage system. The applicant shall be responsible for immediate repair of
damage to public drainage systems stemming from construction, operation or maintenance of the WECS.
3. Public and private utilities. The owner of the WECS is responsible for any damage
to any below grade public or private utilities, due to the installation, operation, decommissioning, or
action otherwise resulting for any WECS.
(C) Required permits. No person, firm or corporation shall erect, construct in place, re -erect,
replace or make structural repairs to any tower without making application for and receiving an approved
conditional use or site plan approval and building permit, when applicable. In all cases, review by the
Community Development Department for all required permits will be necessary. Site plans and
conditional use permits shall be applied for and reviewed under the applicable procedures established
in §§ 153.025 through 153.028.
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430 Monticello - Land Usage
(D) WECS permit and site plan application requirements.
(1) All applications for a WECS conditional use and/or site plan review shall provide the
following to be considered complete:
(a) The names of project applicant;
(b) The name of the property owner;
(c) The legal description AND address of the project;
(d) A description of the project including:
1. Number of proposed units;
2. Type of units proposed for construction;
3. Name plate generating capacity of each unit;
4. Rotor diameter(s);
5. Tower height(s) determined by the distance from the surrounding grade to the rotor
hub or top of the tower, whichever is higher; and
6. Total height of all wind turbines and means of interconnecting with the electrical
grid.
(e) Property survey, including the location of property lines, wind turbines, electrical
wires, interconnection points with the electrical grid, and all related accessory structures. The survey
shall include distances and be drawn to a measurable scale;
(f) Evidence that the applicant can obtain and maintain adequate liability insurance for the
WECS and subject property;
(g) Engineer's Minnesota State certification and project design specifications;
(h) Documentation of land ownership or legal control of the property.
(2) Additional submittal requirements for commercial WECS only:
(a) The latitude and longitude of individual wind turbines;
(b) A USGS topographical map, or map with similar data, of the property and surrounding
area, including any other WECS within ten rotor diameters of the proposed WECS;
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(c) Location of wetlands, scenic, and natural areas including bluffs within 1,320 feet of
the proposed WECS;
(d) FAA permit application;
(e) Location of all known communications towers within two miles of the proposed
WECS;
(f) Proof that the WECS will not interfere with emergency or other microwave
transmission;
(g) A noise study, prepared by a qualified professional, that demonstrate that except for
intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minn. Rules
7030 governing noise and § 153.091(A)(2)(f) of this chapter, as applicable;
(h) A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in,
any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a
residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the
flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500
vehicles (ADT). The shadow flicker model shall:
1. Map and describe with a 1,000 -foot radius of the proposed dispersed wind energy
system the topography, existing residences and location of their windows, location of other structures,
wind speeds and directions, existing vegetation and roadways. The model shall represent the most
probable scenarios of wind constancy, sunshine constancy, and wind directions and speed;
2. Calculate the locations of shadow flicker caused by the proposed project and the
expected durations of the flicker at these locations, calculate the total number of hours per year of flicker
at all locations;
3. Identify problem areas where shadow flicker will interfere with existing or future
residences and roadways and describe proposed mitigation measures, including, but not limited to, a
change in siting of the WECS, a change in the operation of the WECS, or grading or landscaping
mitigation measures.
(i) Decommissioning plan; and
0) Description of potential impacts on nearby WECS and wind resources on adjacent
properties.
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Monticello - Land Usage
§ 153.072 TELECOMMUNICATION TOWERS AND ANTENNAS.
(A) Purpose. The City of Monticello acknowledges the legal right of telecommunication providers
to locate within the city, and the need to accommodate the communication needs of residents and
businesses. However, the city wishes to implement its legal authority to adopt zoning requirements which
are nondiscriminatory, not intended to prohibit telecommunications service, and not based on health
effects of radio frequency emissions. In order to establish uniform, nondiscriminatory regulations that
protect the public health, safety and general welfare of the city, these regulations are intended to:
(1) Minimize adverse visual effects of towers through careful design, landscaping, and siting
standards;
(2) Avoid potential damage to adjacent properties from tower failure and weather related
occurrences through structural standards and setback requirements;
(3) Maximize the use of existing and approved towers and buildings to accommodate new
telecommunication antennas in order to reduce the number of towers needed to serve the community;
(4) Utilize business, industrial and public land, buildings and structures for telecommunications
whenever possible and/or appropriate;
(5) Provide for the appropriate location and development of towers and antennas to
accommodate the communication needs of the residents and businesses within the City of Monticello.
(B) Private amateur radio. Private amateur radio, for the purposes of this chapter, shall mean
equipment, including antennae, antennae support structures, and other related material, necessary to
conduct ham and short wave radio reception and transmissions, only for use by those persons properly
licensed by the Federal Communications Commission for such reception and transmissions, and who are
in full compliance with all licensing requirements.
(1) One antenna and associated antenna support structure shall be a permitted accessory use
in all zoning districts, provided that:
(a) The owner/operator has current versions of all required licenses to operate said
equipment.
(b) All equipment shall be installed in accordance with manufacturer's specifications, and
pursuant to valid building and electrical permits, and any other applicable permit requirements.
(c) Subject to CUP provisions in § 153.072(B)(1)(d) of this chapter, no antenna or antenna
support structure shall exceed the allowable height limits of the applicable zoning district in which it is
located, plus 20 feet.
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(d) By conditional use permit, the height provisions of § 153.072(B)(1)(c) may be
exceeded, up to a maximum height of 70 feet, upon a showing that the additional height is necessary for
proper function of the equipment due to interference from terrain, vegetation, or adjoining buildings.
Any such additional height shall require a setback from all property lines of no less than one -half -foot
for every one foot above the limits established in § 153.072(B)(1)(c).
(e) Except as allowed by § 153.072(B)(1)(f), no freestanding antenna or antenna support
structure shall be located within any required yard other than the rear yard of any parcel.
(f) An antenna and its support structure may be located within the buildable area of a lot
if mounted directly to the principal structure.
(2) Any private amateur radio antenna or antenna support structure which is no longer in use,
or for which the owner of property no longer has valid licenses, or which has fallen into disrepair to the
extent that it can no longer serve its intended purpose, or which constitutes a hazard or nuisance, shall
be considered a violation of the zoning ordinance, and shall be removed.
(C) Private receiving antennae and antenna support structures. Private receiving antennae and
antenna support structures, for the purposes of this chapter, shall mean television and other electronic
reception antennae for private use.
(1) Private antennae less than three meters in width and related support structures shall be a
permitted accessory use in all zoning districts, provided that:
(a) No antenna or antenna support structure shall exceed the allowable height limits of the
applicable zoning district in which it is located, plus 20 feet.
(b) No freestanding antenna or antenna support structure shall be located within any
required yard other than the rear yard of any parcel.
(c) An antenna and its support structure may be located within the buildable area of a lot
if mounted directly to the principal structure.
(2) Any private antenna or antenna support structure which is no longer in use, or which has
fallen into disrepair to the extent that it can no longer serve its intended purpose, or which constitutes
a hazard or nuisance, shall be considered a violation of the zoning ordinance, and shall be removed.
(D) Commercial transmission/reception antennae and antenna support structures. Commercial
transmission and reception antennae and antenna support structures, for the purposes of this chapter,
shall mean commercial and industrial communications equipment accessory to business operations of one
meter in width or greater, but not personal wireless telecommunications service equipment.
(1) Commercial transmission/reception antennae and antenna support structures shall be
allowed as accessory uses only by conditional use permit following the provisions of § 153.028(D) of
the zoning ordinance, and shall comply with the following additional requirements:
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434 Monticello - Land Usage
(a) Antennae and antenna support structures for commercial transmission/reception shall
not occupy the front yard of any parcel.
(b) Antennae and antenna support structures allowed under this section shall be fully
screened from adjoining residentially zoned parcels.
(c) Antennae and antenna support structures allowed under this section shall be fully
screened from adjoining public right-of-way.
(d) Antennae and antenna support structures allowed under this section shall be fully
screened from adjoining commercially -zoned property, that is, any parcel with a "B" zoning designation.
(e) Antennae and antenna support structures allowed under this section shall meet all other
zoning conditions related to the location of mechanical equipment, whether ground or roof -top mounted.
(E) Wireless telecommunications service antennae and antenna support structures. Wireless
telecommunications service antennae and antenna support structures, for the purposes of this chapter,
shall mean any equipment necessary to provide or support all types of wireless electronic
communications, including, but not necessarily limited to, wireless "cellular" telephone, radio, and
internet transmission and reception communications between mobile communications providers and
users, including public safety communications. "Small cell" wireless antennae and antenna support
structures, defined exclusively as those facilities that are 50 feet or less in height and located within the
public right-of-way subject to the city's right-of-way ordinance, are generally excepted from these
provisions. Such facilities are subject to the provisions of § 153.072(E)(3).
(1) Wireless telecommunications service antennae.
(a) Co -location of antennae for personal wireless services shall be a conditional use in all
zoning districts on any existing conforming antenna support structure.
(2) Wireless telecommunications service antennae support structures.
(a) Except as otherwise allowed by § 153.072(E)(2)(b) below, support structures for
personal wireless service antennae shall be allowed as an accessory use only by conditional use permit,
subject to the following provisions:
1. Antenna support structures for personal wireless services shall be no greater in
height than the maximum height requirements of the zoning district in which the antenna support
structure is located, unless otherwise allowed within this section.
2. Antenna support structures for personal wireless services "A -O" zoning district,
all residential zoning districts and the "13-1" zoning district shall be required to be attached to, or
mounted upon, the principal building, and shall match said building in color and other design features
so as to minimize visibility.
2022S-3
Zoning 435
3. Antenna support structures for personal wireless services in the "B-2", "B-3" and
"134" zoning district shall be limited in height to 75 feet as measured from the natural grade at the
location of the structure.
4. Antenna support structures for personal wireless services in the "I", Industrial
districts shall be limited in height to 150 feet as measured from the natural grade at the location of the
structure.
5. Any antenna support structure shall be designed to accommodate the co -location
of other antenna arrays.
6. Any freestanding antenna support structure shall be of monopole design.
7. All freestanding antenna support structures for personal wireless services shall be
painted a galvanized light -grey color.
(b) Support structures for personal wireless service antenna may be allowed as an
accessory use by conditional use permit on residentially zoned lots occupied by public uses, subject to
the following provisions:
1. The site upon which the antenna support structure is located is occupied by a
principal structure.
2. In no case shall an antenna support structure exceed 199 feet as measured from
natural grade at the location of the structure.
3. Any antenna support structure shall be designed to accommodate the colocation
of other antenna arrays.
4. Any freestanding antenna support structure shall be of monopole design.
5. All freestanding antenna support structures for personal wireless services shall be
finished with a galvanized light -grey color.
6. The provisions of § 153.072(F) are satisfied.
(3) "Small cell" wireless facilities.
(a) "Small cell" wireless service antennae and antenna support structures shall require a
conditional use permit when located in the right-of-way adjacent to any residentially zoned parcel, PUD
(planned unit development) zoned project which includes residential dwellings, or other residential use,
or any historic district. The CUP shall be reviewed pursuant to the provisions of § 153.028(A) of the
Monticello Zoning Ordinance, and any other relevant restrictions. No conditional use permit shall be
granted for any such facility that creates a substantial burden on the adjoining residential area or the
public right-of-way in which it is located.
2022S-3
436
Monticello - Land Usage
(b) No "small cell" support structure shall exceed 50 feet in height above the finished
grade of the ground on which the structure is located.
(c) Notwithstanding division (b) above, the city may approve "small cell" facilities taller
than 50 feet by conditional use permit in rights-of-way adjacent to non-residential property when the city
finds that such approval will have specific and substantial public benefits, including, but not limited to,
reduction in the overall number or visual impacts of such facilities in the public right-of-way.
(d) Small cell facilities proposed to be co -located on existing support structures on private
property, such as parking lot light poles, may be allowed as permitted uses provided no portion of the
existing support structure or proposed antenna will exceed the allowable height for such structures in the
subject zoning district and that the property is not a residentially zoned parcel, PUD (planned unit
development) zoned project which includes residential dwellings, or other residential use, or any historic
district.
(e) Any small cell wireless service antennae or new antenna support structures located
outside of the public right-of-way, such as on private property, regardless of ownership, and which
would exceed the allowable height for the support structure in the subject zoning district shall require
a conditional use permit and be subject to all other general requirements of § 153.072, including this
section, as well as any other applicable zoning or city code restrictions.
(F) General provisions for wireless telecommunications service antennae and antenna support
structures.
(1) No new freestanding antenna support structure shall be located within one mile of any
existing freestanding antenna support structure.
(2) No new freestanding antenna support structure shall be approved when there exists a
co -location opportunity within one-half mile of the proposed structure location.
(3) Prerequisite. A proposal for a new telecommunications tower shall not be approved unless
it can be documented by the applicant to the satisfaction of the city that the telecommunications
equipment planned for the proposed tower cannot be accommodated on an existing or approved tower
or structure within a one mile radius of the proposed tower—transcending all municipal boundaries—due
to one or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of an existing or approved
tower or building, as documented by a licensed professional engineer, and any existing or approved
tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
(b) The planned equipment would cause interference with other existing or planned
equipment at the tower or structure.
2022S-3
Zoning 437
(c) Existing or approved towers and structures within a one mile radius cannot
accommodate the planned equipment at a height necessary for reasonable function.
(d) The applicant has demonstrated that location of the antennas, as proposed is necessary
to provide adequate coverage and capacity to areas which cannot be adequately served by locating the
antennas in a less restrictive district or an existing structure. Information provided as part of the capacity
analysis, that is a trade secret, pursuant to M.S. § 13.37, as it may be amended from time to time, shall
be classified as non-public data.
(e) Other unforeseen reasons that make it unfeasible to locate the telecommunications
equipment upon an existing or approved tower or building.
(4) Siting provisions.
(a) Antennae shall be located on existing buildings and structures whenever possible.
(b) No part of any antenna or antenna support structure, nor any appurtenances to such
structure or antenna, shall extend over any public right-of-way or property line, nor be located within
an public utility or drainage easement.
(c) Antenna support structures shall be designed to replicate materials and colors of similar
structures in the area, such as lighting or utility poles.
(5) Setbacks.
(a) In all zoning districts, the antenna support structure and any appurtenant structures
shall comply with the minimum setback requirements of the district in which the proposed structure is
to be located, or the distance determined as the fall zone of the structure by a licensed professional
engineer, whichever is greater.
(b) In all zoning districts, no freestanding antenna support structure shall be located within
250 feet of an existing residence, or the proposed home location on an approved preliminary plat.
(c) All antenna support structures shall be located in the rear yard of parcel whenever
practical.
(6) Design and construction.
(a) No advertising or identification of any kind intended to be visible from the ground or
other structures is permitted, except applicable warning and equipment information signage required by
the manufacturer or by federal, state, or local authorities.
(b) All antennae, antenna support structures, and accessory structures shall be in
compliance with all city and State Building Codes, as applicable, and shall obtain all necessary permits.
2022S-3
438 Monticello - Land Usage
(c) Structure design, mounting and installation of the antenna and antenna support structure
shall be in compliance with the manufacture's specifications, and installation plans shall be approved and
certified by a licensed professional engineer.
(d) Antenna support structures and antennae shall be grounded for protection against a
direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable
provisions of all state codes.
(e) All transmitting, receiving and switching equipment shall be housed within a structure
or cabinet whenever possible, and shall adhere to the following:
1. If a new tower accessory building is necessary to house such equipment, it shall
be architecturally designed to blend in with the surrounding environment, and shall be screened from
view by landscaping as deemed necessary by the City Council.
2. Accessory equipment associated with a rooftop antenna, satellite dishes, or wall
antenna shall be located within the building, cabinet, or within a roof or ground enclosure which is
constructed of materials and color scheme compatible with the principal building.
3. All transmitting, receiving and switching equipment shall be housed within a
structure or cabinet. Such structure shall be architecturally designed to blend in with the surrounding
environment, and shall be screened from view by landscaping consistent with the screening and
landscaping requirements of the Monticello Zoning Ordinance.
4. Antenna support structures located within 1,000 feet of the FiberNet Monticello
Co -Location Building shall be required to locate all transmitting, receiving and switching equipment
within the FiberNet Monticello Co -Location.
(7) Lights and attachments.
(a) No antenna or antenna support structure shall have lights, reflectors or other
illuminating devices of any kind, unless required by a federal or state regulatory authority.
(b) Lights attached to antenna support structures may be approved by the City Council as
a part of a conditional use permit when such lights are used to illuminate a parking lot or other use on
the ground, provided such lights meet the exterior lighting requirements of the Monticello Zoning
Ordinance.
(8) Site landscaping.
(a) The site on which an antenna or antenna support structure is located shall be landscaped
to control dust, weeds, drainage, and to improve aesthetics of the property.
2022S-3
Zoning
(9) Non-interference.
439
(a) No antenna installation shall transmit signals in a way that causes interference with any
other electronic device.
(G) Application process and submittal requirements for wireless telecommunications service antenna
support structures.
(1) Submittal requirements. All applications for a conditional use permit for any antenna or
antenna support structure shall be accompanied by the following materials:
(a) Documentation, in the form of a signed lease or other adequate proof of property
interest, demonstrating that the applicant has authority to seek the requested permit from the owner or
owners of the parcel in question.
(b) A statement describing the proposed project, together with written justification
supporting the proposed installation.
(c) Proof of insurance against injury or property damage caused by structural failure of
any element of the installation.
(d) The legal description of the property on which the improvements are to be located.
(e) A certified survey of the property showing all existing conditions, along with the
proposed improvements.
(f) A coverage study prepared by a radio frequency engineer showing alternative antenna
support structure locations, co -location options, and whether such alternatives can accommodate the
proposed antenna with reasonable coverage, including any known approved but unconstructed locations.
Such plan shall include all existing towers, buildings, and other possible support structures.
(g) A landscaping and screening plan.
(h) A grading and drainage plan.
(i) Architectural drawings of all appurtenant structures planned for the site.
0) A decommissioning plan outlining the means, process, and anticipated costs of
removing all improvements at the end of their service life, or upon discontinued use.
(k) A security acceptable to the city adequate to ensure safe removal of all improvements
upon decommissioning.
(1) A development agreement specifying the terms of the conditional use permit, including
improvements, decommissioning, financial security, and other elements.
2022S-3
440 Monticello - Land Usage
(m) Other information specified by the Community Development Director and/or City
Council necessary to support the application and permit adequate municipal review of the request.
(H) Outside review. At the request of the Community Development Director, the city may seek and
obtain the advice of outside experts to review technical materials submitted by the applicants, including
the advice of structural experts, radio frequency engineers, or for any other related area of analysis. The
applicant shall submit an escrow to cover the costs of such expertise.
(I) Removal of abandoned or unused antennae, antenna support structures, or other appurtenant
elements. Any tower and/or antenna which is not used for six successive months shall be deemed
abandoned and may be required to be removed from the property. All abandoned or unused towers and
associated facilities shall be removed within 12 months of the cessation of operations at the site unless
a time extension is approved by the City Council. After the facilities are removed, the site shall be
restored to its original or an improved state. If a tower is not removed within 12 months after the
cessation of operations at a site, the tower and associated facilities may be removed by the city and the
costs of removal assessed against the property. The owner of the tower and the owner of the property
are both responsible for removal of the tower as required by this section.
USE STANDARDS
§ 153.090 USE TABLE.
(A) Explanation of use table structure.
(1) Organization of Table 5-1. Table 5-1 organizes all principal uses by use classifications and
use types.
(a) Use classifications. The use classifications are: agricultural uses; residential uses; civic
and institutional uses; office use; commercial uses; and industrial uses. The use classifications provide
a systematic basis for assigning present and future land uses into broad general classifications (e.g.,
residential and commercial uses). The use classifications then organize land uses and activities into
specific "use types" based on common functional, product, or physical characteristics, such as the type
and amount of activity, the type of customers or residents, how goods or services are sold or delivered
and site conditions.
(b) Use types. The specific use types identify the specific uses that are considered to fall
within characteristics identified in the use classifications. For example; detached dwellings, parks and
recreational areas, and schools are "use types" in the Single-family Residence District.
2022S-3
Zoning
(2) Symbols used in Table 5-1.
441
(a) Permitted Uses = P. A "P" indicates that a use is permitted by right, subject to
compliance with all other applicable provisions of this chapter. Uses may be subject to special
regulations as referenced in the "additional requirements" column.
(b) Conditionally Permitted Uses = C. A "C" indicates that a use is permitted provided
the city can establish conditions necessary to ensure the use is compatible to the proposed location and
surrounding properties. Inability of the city to establish conditions to adequately control anticipated
impacts is justification for denial of a conditionally permitted use. Conditional uses may also be subject
to special regulations as referenced in the "additional requirements" column.
(c) Interim Permitted Uses = I. An "I" indicates that a use may be permitted for a brief
period of time provided certain conditions are met, and a specific event or date can be established for
discontinuance of the use. Inability of the city to establish conditions to adequately control anticipated
impacts is justification for denial of an interim permitted use. Interim permitted uses may also be subject
to special regulations as referenced in the "additional requirements" column.
(d) Prohibited Uses = Shaded cells. A shaded cell indicates that the listed use is prohibited
in the respective base zoning district.
(e) Uses not provided for within zoning districts. In any zoning district, whenever a
proposed use is neither specifically allowed nor denied, the Community Development Department shall
determine if the proposed use is comparable in potential activities and impacts to a use listed within the
zoning district and is acceptable related to land use compatibility, traffic, and/or nuisance issues and
established conditions and standards relating to development of the use. Where such a determination is
made, the requirements established for the listed use shall apply as minimum standards for the proposed
use. Additional requirements may be applied to address differences between the listed use and the
proposed use. If no comparable use determination can be made, the use will be considered prohibited
in which case an amendment to the ordinance text would be required to clarify if, where and how a
proposed use could be established.
2022S-3
442
Monticello - Land Usage
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„ _
Conditionally
Permitted
"I" = Interim
A
R
R
R
T
R
R
M
B
B
B
B
C
I
I
I
Permitted
O
A
1
2
N
3
4
H
1
2
3
4
C
B
1
2
D
C
Agricultural Uses
Agriculture
P
P
P
P
P
P
P § 153.091(B)(1)
I
I"
I"
I`
I
I
I
I
Agricultural Sales
P
I
I
I
F
§ 153.091(B)(2)
Community
P
_F77-1
P
P
FFFFFFF
§ 153.091(B)(3)
Gardens
§ 153.091(B)(4)
Stables
C
T—F�CC
Residential Uses
§ 153.091(C)(1)
Attached Dwelling Types
§ 153.091(C)(2)(a)
Duplex
FFFP
T—F-777-71
NJ § 153.091(C)(2)(b)
Townhouse
C
FP
7§
153.091(C)(2)(c)
I
Multiple-
C
P
C
C
§ 153.091(C)(2)(d)
family
Detached Dwelling
P
P
P
P
P
P
F
None
Group residential
P
P
P
P
P
§ 153.091(C)(3)
facility, single-
family
Group residential
C
C
_FFF
§ 153.091(C)(3)
facility, multi-
FIT
family
§ 153.091(C)(4)
Mobile and
C
C
C
PC
manufactured
home park
2022S-3
Zoning
443
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
A
R
R
R
T
R
R
M
B
B
B
B
C
I
I
I
"I" = Interim
O
A
1
2
N
3
4
H
1
2
3
4
C
B
1
2
Permitted
D
C
Civic and Institutional Uses
Active park
P
P
P
P
P
P
P
P
P
P
P
P
P P P
None
facilities (public)
Active park
P
P
P
P
P
P
P
§ 153.091(D)(1)
facilities (private)
§ 153.091(D)(2)
Assisted living
C
P
C
C
P
facilities
Cemeteries
C
C
C
C
C
C
C
CCC
C
§ 153.091(D)(3)
Clinics/medical
C
P
P
None
services
Essential services
P
P
P
P
P
P
P
P
P
P
P
P
P P P
None
Hospitals
C
P
P
C
§ 153.091(D)(4)
Nursing/
C
C
C
C
C
C
C
C
C
C
P
§ 153.091(D)(5)
convalescent home
Passenger terminal
,
C
C
C
C
None
Passive parks and
P
P
P
PP
P
P
P
P
P
P
P
P P P
open space
Place of public
C
C
C
C
C
P
C
§ 153.091(D)(6)
assembly
Public buildings or
C
C
C
C
C
C
C
P
C
C
P
P
C P P
§ 153.091(D)(7)
uses
I I
Public warehousing
I
§ 153.091(D)(8)
temporary
C I I
Schools, K-12
C
C
C
C
C
§ 153.091(D)(9)
Schools, higher
T
-F
FC
education
C C
Utilities (major)
CCC
CCCCC
§ 153.091(D)(10)
2022S-3
444
Monticello - Land Usage
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
„C„ _
Conditionally
Permitted
A
R
R
R
T
R
R
M
B
B
B
B
C
I
I
I
"I" = Interim
O
A
1
2
N
3
4
H
1
2
3
4
C
B
1
2
Permitted
D
C
Commercial Uses
Adult uses
I `
P
P
§ 153.046(T)
Auction house
F—F—
F—F—F]
C
§ 153.091(E)(2)
Auto repair -
C
C
P
§ 153.091(E)(3)
minor
§ 153.091(E)(4)
Automotive wash
11)
C
facilities
F
P P
Bed and breakfasts
C
F
F
I
F—FF
§ 153.091(E)(5)
pub
F -FF
-F
-F
-Brew
P
P
§ 153.091(E)(6)
Business support
P
P
P
None
services
P
Commercial
C
P
§ 153.091(E)(7)
lodging
P
§ 153.091(F)(3)
Commercial self-
C
storage
F
W
v� P P
Communications/
P
P
§ 153.091(E)(8)
broadcasting
P C
Convenience retail
7777—�
���
P
§ 153.091(E)(9)
Country club
C
F -F
-F
-F
-F--
F��
§ 153.091(E)(10)
§ 153.091(E)(11)
Day care centers
FFF
C
I
P
Entertainment/
P
P
C C
C
§ 153.091(E)(12)
recreation, indoor
commercial
Entertainment/
C
C
C
C
§ 153.091(E)(13)
recreation, outdoor
commercial
C
Event center
F -F
C
C
§ 153.091(E)14)
Financial
E
F
P
C
P
§ 153.091(E)(15)
institutionI
2022S-3
Zoning
445
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
A
R
R
R
T
R
R
M
B
B
B
B
C
I
I
I
"I" = Interim
O
A
1
2
N
3
4
H
1
2
3
4
C
B
1
2
Permitted
D
C
Commercial Uses
Funeral services
P
P
§ 153.091(E)(16)
Kennels C
§ 153.091(E)(17)
(commercial)
Landscaping/ P
§ 153.091(E)(18)
nursery business
Offices,
P P P P
P
P P
§ 153.091(E)(20)
commercial and
professional
services
Personal services
C P P P
§ 153.091(E)(22)
Production
P P
§ 153.091(F)(12)
brewery or micro -
distillery without
taproom
C
C C
§ 153.091(E)(23)
Production
kn
C C a?
brewery or micro-
§ 153.091(F)(13)
distillery with
taproom or cocktail
cn
room
Recreational C
§ 153.091(E)(24)
vehicle camp site
Repair
C P P
P P
§ 153.091(E)(25)
establishment
Restaurants
C P P
C
§ 153.091(E)(26)
Retail commercial
P P P
§ 153.091(E)(27)
uses (other)
buildings less than
10,000 sq. ft.
§ 153.091(E)(27)
Retail commercial
C P P
uses (other)
buildings over
10,000 sq. ft.
2022S-3
MR
Monticello - Land Usage
TABLE 5-t: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
A
R
R
R
T
R
R
M
B
B
B
B
C
I
I
I
"I" = Interim
O
A
1
2
N
3
4
H
1
2
3
4
C
B
1
2
Permitted
D
C
Commercial Uses
Retail service in
§ 153.048
the Pointes at
P P P P
Cedar
Specialty eating
C P P P
§ 153.091(E)(28)
establishments
Vehicle fuel sales
77—
F
C C C
§ 153.091(E)(29)
Vehicle sales and
C
§ 153.091(E)(30)
rental
Veterinary C
§ 153.091(E)(31)
facilities (rural)
Veterinary
1P
C C C
§ 153.091(E)(31)
facilities
(neighborhood) t�EFF[
Wholesale sales
F
F
F—F—F—F—F—
P P P
None
Industrial Uses
Auto repair - major
F—F—F—F—F—��
C
P
P
§ 153.091(F)(1)
Bulk fuel sales and
C
§ 153.091(F)(2)
storage
Contractor's yard,
I I
I
§ 153.091(F)(4)
temporary
Extraction of I
I
FF[
-[-F
I
I
§ 153.091(F)(5)
minerals
General
C P
P
§ 153.091(F)(6)
warehousing
Heavy
C
§ 153.091(F)(7)
manufacturing
C
P
I None
Industrial services
F—F—F—F—F—F—F—F—F—F--
Industrial self-
C
C
§ 153.091(F)(8)
storage facilities
Land reclamation C
C
C
C
C
C
C
C
C
C
C
C C cl
C
§ 153.091(F)(9)
2022S-3
Zoning
447
TABLE 5-1: USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
A
R
R
R
T
R
R
M
B
B
B
B
C
I
I
I
"I" = Interim
O
A
1
2
N
3
4
H
1
2
3
4
C
B
1
2
Permitted
D
C
Industrial Uses
Light
P
P P
§ 153.091(F)(10)
manufacturing
Machinery/truck
C
§ 153.091(F)(11)
repair and sales
d
v,
C
§ 153.091(F)(14)
Recycling and
salvage center
Truck or freight
�;
C
§ 153.091(F)(15)
terminal
Cn
Waste disposal and
C
§ 153.091(F)(16)
incineration
Wrecker and
I
EEE
C
P
§ 153.091(F)(17)
towing services
2022S-3
EM
Monticello - Land Usage
TABLE 54A: CENTRAL COMMUNITY DISTRICT (CCD) USES SUB -AREA
Riverfront (A)
Broadway (B)
Walnut &
Pine (D)
General CCD
Notes
Cedar (C)
Use Types
Entertainment
Retail,
Retail,
Office, large
Housing,
and open
supported by
supported by
space retail
supported by
space,
entertainment,
housing and
users, and
limited retail
supported by
housing 2nd
services
retail service
and services
retail
Additional use requirements applicable per § 153.091
Uses:
Residential Uses
Single-
P*
CUP
*Upper floors
family
only
Multi 3 du
P*
ClP*
P
*Upper floors
or under
only
Townhouse CUP
CUP*CUP
P
*Townhouses
F1
on Broadway
east of Pine
only
Multi 4-12 CUP
CUP
CUP
CUP
du
Multi 13+ CUP
CUP
CUP CUP
CUP
du
Ground
CUP*
P
P
*Allowed on
floor
ground floor
irA
for
townhouses
on Broadway
east of Pine
Commercial
Brew Pub
P
P
P
P
< 10,000
sq. ft.
Brew Pub
CUP
P
CUP
P
> 10,000
sq. ft.
Commercial
CUP
CUP P
Day Care
Commercial
P
CUP
CUP
P
Lodging
2022S-3
Zoning
.. •
TABLE 54A: CENTRAL COMMUNITY DISTRICT (CCD) USES SUB -AREA
Riverfront
Broadway (B)
Walnut &
Pine (D)
General
Notes
(A)
Cedar (C)
CCD
Use Types
Entertainme
Retail,
Retail,
Office, large
Housing,
nt and open
supported by
supported
space retail
supported by
space,
entertainment;
by housing
users, and
limited retail
supported by
housing 2nd
and services
retail service
and services
retail
Additional use requirements applicable per § 153.091
Uses:
Commercial
Entertainment/
CUP*
CUP*
CUP*
CUP
G 10,000 sq. ft.
Recreation,
only
Indoor
Commercial
(including
theaters)
Entertainment/
Recreation
Outdoor
Commercial
Event centers
CUP
CUP
CUP
CUP
CUP
Subject to
§ 153.091(F)(14)
Funeral
CUP
services
Personal
P
P
P
P
CUP
services
Places of
CUP
CUP
CUP
CUP
CUP
public
assembly
Production
P
P
P
P
brewery/
taproom
Micro-
P
P
P
P
distillery/
cocktail room
Professional
CUP*
P
P
P
P
Upper floors
office -
preferred
services and
retail
2022S-3
450
Monticello - Land Usage
TABLE 54A: CENTRAL COMMUNITY DISTRICT (CCD) USES SUB -AREA
Riverfront
Broadway (B)
Walnut &
Pine (D)
General
Notes
(A)
Cedar (C)
CCD
Use Types
Entertainme
Retail,
Retail,
Office, large
Housing,
nt and open
supported by
supported
space retail
supported by
space,
entertainment;
by housing
users, and
limited retail
supported by
housing 2nd
and services
retail service
and services
retail
Additional use requirements applicable per § 153.091
Uses:
Commercial
Commercial
CUP* - not
P/CUP* on
P/CUP* on
P
Upper floors
office
allowed on
ground floor
ground floor
preferred
ground floor
Financial
P
P
P
P
Drive thru by
CUP
Restaurants,
P
P
P
P
CUP
bars < 10,000
sq. ft.
Restaurants,
CUP
P
CUP
P
CUP
bars > 10,000
sq. ft.
Retail Sales
P
P
P
P
P
< 10,000 sq.
ft.
Retail Sales
CUP
CUP
CUP
P
CUP
> 10,000 sq.
ft.
Retail with
CUP
P
P
P
P
service
Specialty
P
P
P
P
CUP
Eating
Establishments
< 10,000 sq.
ft.
Vehicle fuel
CUP
sales
Veterinary
CUP
CUP
CUP
CUP
No outdoor uses
facilities <
10,000 sq. ft.
2022S-3
Zoning
451
TABLE 5 -IA: CENTRAL COMMUNITY DISTRICT (CCD) USES SUB -AREA
Riverfront
Broadway (B)
Walnut &
Pine (D)
General
Notes
(A)
Cedar (C)
CCD
Use Types
Entertainme
Retail,
Retail,
Office, large
Housing,
nt and open
supported by
supported
space retail
supported by
space,
entertainment;
by housing
users, and
limited retail
supported by
housing 2nd
and services
retail service
and services
retail
Additional use requirements applicable per § 153.091
Uses:
Industrial Uses
Industrial PUD PUD Only
PUD Only
Civic and Institutional Uses
Clinics/
CUP
CUP
P
P
medical
services
Public P
CUP
P
CUP
CUP
buildings or
uses (incl.
public parks)
Schools Pre -K-
CUP
CUP
CUP
12Ak
TABLE 54B THE POINTES AT CEDAR DISTRICT (PCD)
See § 153.048
(Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022)
§ 153.091 USE -SPECIFIC STANDARDS.
(A) General regulations applicable to all uses.
(1) Combination uses. In commercial and industrial base zoning districts, combination uses may
be allowed within the principal building with each use subject to all regulations in this chapter.
(2) Nuisances prohibited. In addition to any nuisance provisions within city code, the following
shall apply:
(a) Refuse and garbage.
2022S-3
452 Monticello - Land Usage
In all districts, all refuse, rubbish, or garbage shall be kept in an enclosed building
or properly contained in a closed container designed for such a purpose.
2. The owner of vacant land shall be responsible for keeping the land free of refuse,
rubbish, or garbage.
(b) Glare.
1. Any lighting used to illuminate off-street parking area, sign, or other structure,
shall be arranged as to deflect light away from any adjoining residential zone or from the public streets.
2. Direct or sky -reflected glare, where from floodlights or from high temperature
processes such as combustion or welding, shall not be directed into any adjoining property.
3. The source of lights shall be hooded or controlled in some manner so as not to cast
light on adjacent property.
4. Bare incandescent light bulbs shall not be permitted in view of adjacent property
or public right-of-way.
5. Any light or combination of lights which cast light on a public street shall not
exceed one foot candle (meter reading) as measured from the center line of said street.
6. Any light or combination of lights which cast light on residential property shall
not exceed 0.4 foot candles (meter reading) as measured from said property.
(c) Smoke. The emission of smoke by any use shall be in compliance with and regulated
by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15.
(d) Dust and other particulated matter. The emission of dust, fly ash, or other particulated
matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulation APC 1-15.
(e) Noise. Noises emanating from any use shall be in compliance with and regulated by
the State of Minnesota pollution control standards and rules. In no case shall noise emanations constitute
a nuisance as defined and regulated by this code.
(3) Building and structure location. All buildings and structures shall be so placed so that they
will not obstruct future streets which may be constructed by the city in conformity with existing streets
and according to the system and standards employed by the city.
(B) Regulations for agricultural uses.
(1) Agriculture.
2022S-3
Zoning 453
(a) Agricultural related buildings and structures including farm dwellings shall be subject
to Minnesota Pollution Control Standards.
(b) Agricultural uses shall not include commercial feed lots or other commercial
operations.
(c) The keeping and/or raising of livestock raising shall be prohibited in all zoning districts
except for the A -O District.
(2) Agricultural sales. All agricultural sales businesses shall adhere to the following:
(a) Activities shall be limited to those listed within the definition for an agricultural sales
business.
(b) The agricultural sales business shall be located on land owned or leased by the producer
or the operator of the business, and not within or on any public rights-of-way or easements.
(c) The operator must be able to demonstrate at all times to the city that there is sufficient
access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, that
there is suitable and safe access for pedestrians, and that customer parking is away from the travel way
and in close proximity to the agricultural sales business.
(d) All waste materials shall be enclosed in containers provided on the site, and shall not
generate any nuisance impacts on adjacent properties.
(e) All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate
dust nuisance impacts on adjacent properties.
(3) Community garden.
(a) Prior to a parcel being utilized as a community garden, the landowner shall be required
to secure an annual community garden permit from the Community Development Department.
(b) Each community garden must have two or more gardeners as a prerequisite for
obtaining a permit to ensure code and permit guidelines are followed.
(c) Unused plots and common areas shall be maintained and kept free of weeds, dead plant
materials, and other debris/garbage.
(d) Containers, including water bins, and planters, shall not hold standing water unless
they are completely covered.
(e) Composting of vegetative matter is allowed (leaves, plants, wood chips, etc.);
composting of meat, human or pet waste is prohibited.
2022S-3
454 Monticello - Land Usage
(f) Overhead lighting is prohibited.
(g) Signage is limited to a single, non -illuminated, single sided sign of four square feet.
(4) Stables.
(a) Animal building, holding, grazing, and exercise areas are located a minimum of 1,000
feet from any residential, commercial, or industrial use district.
(b) The land area of the property containing such use of activity meets the minimum
established for the district.
(c) All applicable requirements of the State Pollution Control Agency are complied with.
(C) Regulations for residential uses.
(1) General regulations for all dwellings. All dwellings located in any residence district shall
conform to the following minimum requirements in addition to the specific requirements applicable to
the individual residence districts:
(a) Except for in the M -H zoning district, all dwellings shall be placed on a permanent
foundation which complies with the Minnesota State Building Code, and which are solid for the complete
circumference of the dwelling.
(b) All dwellings shall have a minimum width and depth of 20 feet, exclusive of porches,
entryways, or attached storage sheds.
(c) All dwellings shall be served by public sanitary sewer and water.
(d) Direct vehicular access to residential units from arterial or collector roadways shall be
prohibited unless no other reasonable alternative exists as determined by the Community Development
Department.
(e) In addition to standards applicable to all houses in residential districts, manufactured
homes, as defined by Minnesota Statutes, shall be built in compliance with the Minnesota Manufactured
Homes Building Code and all statutory requirements (see M.S. §§ 327.31 through 327.35, as they may
be amended from time, on manufactured homes).
(f) No cellar, basement, garage, tent, trailer, motor vehicle or accessory building shall
at any time be used as an independent residence or dwelling unit, either temporarily or permanently.
Tents, play houses or similar structures may be used for play or recreational purposes.
(g) Except for dwellings classified as elderly (senior citizen) housing, the minimum floor
area per dwelling unit shall be as prescribed in individual zoning district regulations.
2022S-3
Zoning 455
(h) Apartment and condominium dwelling units shall only be located in multiple -family
buildings or in buildings within the CCD district as regulated by this chapter.
(2) Attached dwelling.
(a) Regulations applicable to all attached dwelling types.
1. Trash handling and recycling. Multiple -family structures with more than four
dwelling units shall adhere to the accessory use standards for large trash handling and recycling areas
as outlined in § 153.092.
2. Size of development. All attached dwelling developments that contain more than
two structures with dwelling units and/or having a structure containing more than ten dwelling units shall
require a conditional use permit.
3. Usable open space. Except for mixed use projects in the CCD District, each
multiple -family dwelling site or townhouse site shall contain at least 500 square feet of usable open space
for each dwelling unit contained thereon, or a minimum of 30 % green space, whichever is greater. For
the purposes of this chapter, green space shall include lawn, shrubs, trees, or other planted open space
usable for gardens, shade, or recreation and shall not include planted areas between parking areas or
sidewalks and parking areas which are less then ten feet in width, nor shall it include any part of the
public right-of-way, delineated wetland(s), or required stormwater ponding areas below the ten-year
flood elevation.
(b) Duplex.
1. A minimum of two off-street parking spaces per unit shall be provided within an
enclosed garage of at least 400 square feet.
2. All driveways and required off-street parking spaces shall be surfaced with
concrete, bituminous or approved equivalent.
3. Legal nonconforming single-family dwellings located within R-3 Zoning Districts
may be converted to duplex dwellings by conditional use permit where environmental conditions on the
property support preservation of trees, drainage patterns, or other related features.
(c) Townhouse.
No building shall contain more than eight dwelling units.
2. Each dwelling unit shall have separate and individual front and rear entrances.
3. Private driveways for garages in townhouse developments shall provide a minimum
of 20 feet worth of parking space which does not interfere with the use of public sidewalks or trails.
2022S-3
456
4. Setbacks:
Monticello - Land Usage
a. Buildings in townhouse developments shall be located at least 20 feet apart
and 20 feet from the back of the curb of a private roadway.
b. The applicable setbacks required in the underlying zoning district shall be met
along the perimeter lot lines of the development and along all public roadways.
(d) Multiple family.
1. Development of a multiple -family building shall be compatible with the existing
and planned land use of the area and conflicts shall not be created between commercial and residential
use and activities.
2. If in the R-2 district, multiple -family buildings shall be limited to four dwelling
units.
3. If in the B-2 District, multiple -family buildings shall be adequately served by a
collector or arterial street.
4. If in the B-1, B-2 or CCD district, multiple -family units shall be in the form of
apartments or condominiums located above the first floor of the building, unless otherwise authorized
to be on the first floor by a conditional use permit meeting the following additional standards:
a. The proposed site for residential use is consistent with the goals and objectives
of the Downtown Revitalization Plan.
b. The proposed site does not interrupt the flow of commercial pedestrian traffic
in the "CCD" district.
c. Density for ground floor residential units shall not exceed one unit per 9,000
square feet of lot area, exclusive of land area utilized by, or required for, permitted uses on the property.
5. Multiple -family housing in the R-3, B-1, B-2 or CCD zoning districts shall be
subject to the requirements found in Table 3-8 of § 153.043.
6. Multiple -family housing in the R-4 zoning district shall be subject to the
requirements found in Table 3-9 of § 153.043.
(3) Group residential facility.
(a) Licensed day care facilities qualifying as group residential facilities shall adhere to the
following:
2022S-3
Zoning
457
1. No overnight facilities are provided for the children served. Children are delivered
and removed daily.
2. All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
(b) Group residential facility, multi family.
1. Group residential facility, multi -family shall require authorization through a
conditional use permit following the provisions of § 153.028(D), subject to the following conditions:
a. Density of residents shall equal no more than one person per 520 square feet
of total net livable area in the principal dwelling.
b. Living accommodations for on-site resident staff shall be deducted from the
principal dwelling square footage for purposes of determining density in division (1) above.
c. The property shall be developed to provide two off-street parking spaces for
staff and one space per three residents for visitors.
d. Parking areas shall be paved with concrete or bituminous surface, and shall
meet all other standards of parking lot design in this chapter, with the exception that the use shall be
exempt from curb requirements.
e. The property shall maintain a minimum of 30% landscaped green space based
on the gross area of the property.
f. The building shall be designed and constructed to be consistent with the
architectural character of the neighborhood in which it is located.
(4) Manufactured homes/manufactured home park.
(a) Manufactured homes in general. All manufactured homes within the City of Monticello
shall be built in conformance with the manufactured home building code and comply with all provisions
of this chapter.
(b) Manufactured home parks. Development of new manufactured home parks shall be
encouraged to use the planned unit development (PUD) process to allow the city to vary or modify the
strict application and requirements for manufactured home parks to more readily accommodate this type
of development. However, absent development through a PUD, the following requirements shall apply:
1. In general:
a. The minimum total manufactured home park area shall be five acres.
2022S-3
458 Monticello - Land Usage
b. Each designated mobile home site shall not be less than 2,500 sf.
c. Notwithstanding the type of development concept used, the maximum density
shall be 13 manufactured homes per acre.
d. Manufactured homes shall be the only permitted dwelling type in a
manufactured home park.
home park.
e. No tents shall be used for other than recreational purposes in a manufactured
f. There shall be no outdoor camping anywhere in a manufactured home park.
g. Laundry and clothing shall be hung out to dry only on lines located in Council
approved areas established and maintained exclusively for that purpose.
h. Adequate storm shelters for all residents of the manufactured home park shall
be provided on-site.
i. No part of any manufactured home park shall be used for non-residential
purposes, except such uses that are required for the direct servicing and well-being of park residents and
for the management and maintenance of the park.
j. All manufactured homes must be securely anchored in a manner which meets
shoreland district requirements (if within a shoreland district) and applicable state requirements for
resisting wind forces.
2. Grading, drainage and groundcover:
a. Condition of soil, ground water level, drainage, topography shall not create
hazards to the property or the health and safety of the occupants.
b. The ground surface in all parts of every manufactured home park shall be
graded and equipped to drain all surface water in a safe, efficient manner.
c. Exposed ground surfaces in all parts of every manufactured home park shall
be paved or covered with stone, screening or other solid material, or protected with a grass that is
capable of preventing soil erosion and of eliminating objectionable dust.
d. No portion of a manufactured home park shall be subject to unpredictable or
sudden flooding.
2022S-3
Zoning
3. Setbacks and lot requirements:
459
a. Manufactured homes shall be separated from each other and from other
buildings and structures by at least 15 feet.
b. An accessory structure such as an awning, cabana, storage cabinet, carport,
windbreak, and porch which has an opaque top or roof, shall, for purposes of all separation
requirements, be considered to be part of the manufactured home. However, applicable building code
separation requirements shall still apply as applicable.
c. There shall be a minimum distance of twenty feet between the manufactured
home stand and abutting park street.
d. All manufactured homes, off-street parking spaces, and structures shall be
located at least thirty feet from any property boundary line abutting upon a public street or highway and
at least thirty feet from other property boundary lines.
e. Each manufactured home site shall have frontage on an approved roadway and
the corner of each manufactured home site shall be marked and each site shall be numbered.
f. Dedicated storage area(s) and building(s) shall be for the sole use of the
residents of the manufactured home park and are not available for use by non-residents.
4. Screening and open space:
a. All manufactured home parks located adjacent to residential, recreational,
commercial or industrial land uses shall provide screening such as fences, shrubs, trees along the
property boundary line separating the park and such uses, and shall be maintained by the state license
holder in a neat and orderly manner.
b. A minimum of 2,000 sf. for every acre, or part thereof, in a manufactured
home park shall be provided for definable play areas and open space. Such areas of open space and play
area shall not be areas included within any setback nor shall they include any areas of less than twenty
feet in length or width.
5. Parking. Each manufactured home site shall be served by two off-street parking
spaces for automobiles.
6. Utilities:
a. All manufactured homes shall be connected to a public water and sanitary
sewer system or a private water and sewer system approved by the State Department of Health.
b. All installations for disposal of surface stormwater must be approved by the
city.
2022S-3
460 Monticello - Land Usage
c. All utility connections shall be as approved by the city.
d. The source of fuel for cooking, heating, or other purposes at each
manufactured home site shall be as approved by the city.
e. All utilities shall be underground; there shall be no overhead wires or
supporting poles except those essential for street or other lighting purposes.
f. No obstruction shall be permitted that impedes the inspection of plumbing,
electrical facilities, and related manufactured home equipment.
city.
g. The method of garbage, waste, and trash disposal must be approved by the
h. Owner shall pay any required sewer and connection fees to the city.
7. Lighting:
a. Artificial light shall be maintained during all hours of darkness in all buildings
containing public toilets, laundry equipment, and the like.
b. The manufactured home park ground shall be lighted as approved by the city
from sunset to sunrise.
(D) Regulations for civic and institutional uses.
(1) Active park facilities - private. Private park facilities must be operated only for the
enjoyment and convenience of the associated residents and their guests.
(2) Assisted living facilities.
(a) The development must be contained on an independent parcel; 30% of the parcel must
be preserved as open space at least two-thirds of which shall be useable.
(b) To continue to qualify for the senior citizen housing classification, the owner or agent
shall annually file with the Community Development Department a certified copy of a monthly resume
of occupants of such a multiple dwelling, listing the number of tenants by age.
(c) One off-street loading space shall be provided in compliance with § 153.068, Off -Street
Loading Spaces.
(d) Elevator service shall be provided to each floor level which contains senior housing
units.
2022S-3
Zoning
461
(e) The site of the main entrance of the principal use is served or is located within 400 feet
of regular transit service.
(f) Efficiency units shall be a minimum floor area of 440 square feet, and shall not exceed
20% of the total number of apartments in a multiple dwelling.
(g) One bedroom units shall be a minimum floor area of 520 square feet.
(3) Cemeteries.
(a) New cemeteries shall be located on a site or parcel with an area of at least two and one-
half acres.
(b) New cemeteries shall be located on a site or parcel that fronts an arterial or collector
street.
(c) Cemeteries shall include adequate space for the parking and maneuvering of funeral
processions.
(d) Interments shall take place at least 50 feet from any lot line.
(e) Cemeteries shall not be located within one-half mile of Interstate Highway 94.
(4) Hospitals. A hospital shall:
(a) Be located on a site of at least five acres.
(b) Be located on a parcel that fronts or has direct access to an arterial or collector street.
(c) Be served by public water and wastewater systems.
(5) Nursing or convalescent home.
(a) Side yards shall be double the minimum requirements established for the applicable
district.
(b) When abutting a residential use in a residential use district, the property shall be
screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with § 153.060(G).
(c) One off-street loading space in compliance with § 153.067 is installed.
2022S-3
462 Monticello - Land Usage
(6) Places of public assembly.
(a) Institutions on parcels exceeding 20,000 square feet in area shall be located with direct
frontage on, and access to, a collector or arterial street.
(b) The buildings are set back from adjoining residential districts a distance no less than
double the adjoining residential setback.
(c) When abutting a residential use in a residential use district, the property shall be
screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with § 153.060(G).
(d) Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with § 153.067 of
this chapter and that such parking is adequately screened and landscaped from surrounding and abutting
residential uses in compliance with § 153.060(F).
provided.
(e) Adequate off-street loading and service entrances are considered and satisfactorily
(f) Public assembly in the B-3 District:
1. Shall only be allowed on properties of ten acres in size or more, except that the
city may consider such uses on smaller properties by interim use permit, subject to the following
requirements:
a. The applicant for an IUP would enter into a development agreement specifying
the duration of the IUP, with a time limitation.
b. The applicant would be able to demonstrate that the interim occupancy would
not interfere with other commercial uses of the property, either in the nature of the use, the times of
operation, or demand for services, such as parking or other impacts.
c. The IUP would expire upon the end of the specified term, or when the
applicant vacates the property, and would not be transferable to another similar public assembly use.
d. Changes in scope or nature of the proposed use, operation, or other elements
would require amendment to the IUP and the development contract, or a new IUP, depending on the
change.
2022S-3
Zoning
463
e. No such IUP, subsequent amendment, or reapplication may result in a duration
of the subject use for more than ten years of cumulative and continuous occupancy.
2. Public assembly uses in the B-3 District must occupy buildings of at least 20,000
gross square feet of area.
3. Public assembly uses in the B-3 District shall provide off-street parking areas that
are designed to meet their unique traffic patterns and parking accumulation ratios. For the B-3 district,
the requirement shall be one parking space per two and one-half seats in the main assembly area, based
on the building code calculation for maximum occupancy.
4. Proposed public assembly applications in the B-3 District will be required to
provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without
negatively impacting the adjoining public streets. Private and/or public street improvements may be
required to ensure no negative impacts.
5. CUP applications for public assembly uses in the B-3 District will require the
identification of the principal use, and those other uses of the subject property that are proposed as
accessory uses. All such uses must be allowed in the B-3 District.
(g) In the CCD, the following conditions shall apply:
1. Building architecture shall be designed to reflect retail street -level architecture as
defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled
"Downtown Monticello Small Area Plan."
2. Site planning shall minimize parking lot development adjacent to public area in
the district, including streets, pathways, and open spaces.
2022S-3
464
(7) Public buildings or uses:
Monticello - Land Usage
(a) When abutting a residential use in a residential use district, the property shall be
screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with § 153.060(G).
(b) Conformity with the surrounding neighborhood is maintained and required setbacks
and side yard requirements are met.
(8) Public warehousing, temporary.
(a) The use shall be allowed by interim use permit, with a termination date of no later than
five years from the date of approval.
(b) The interim use shall apply to public storage of equipment only, and shall not apply
to any private entity, either during or after the term of the permit.
(c) The use, if not allowed as a permitted principal use, maybe a "secondary use" allowed
on the property, separate and unrelated to the principal use.
(d) The use shall occupy indoor storage only, in one or more existing buildings, and shall
not include outdoor storage.
(e) The use shall otherwise meet all zoning and building code standards.
(f) The use shall not interfere with other permitted, conforming private uses of the
property, nor with the provision of public services to the property or the neighborhood in which it is
located.
(g) No signage shall be allowed identifying the use, other than permitted directional
signage on the property.
2022S-3
Zoning
(9) Pre -K-12 schools (public or private):
465
(a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located
with direct frontage on, and access to, a collector or arterial street.
(b) The buildings are set back from adjoining residential districts a distance no less than
double the adjoining residential setback.
(c) When abutting a residential use in a residential use district, the property shall be
screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with § 153.060(G).
(d) Adequate off-street parking and access is provided on the site or on lots directly
abutting or directly across a public street or alley to the principal use in compliance with § 153.067 and
that such parking is adequately screened and landscaped from surrounding and abutting residential uses
in compliance with § 153.060(F).
(e) Adequate off-street loading and service entrances are considered and satisfactorily
provided in accordance with § 153.068.
(f) Exterior lighting standards outlined in § 153.063 shall be met.
(g) If locating within an industrial zoning district:
1. A specified termination date is documented.
2. The proposed parcel has adequate improved parking to accommodate the student
capacity.
3. The proposed building is constructed or altered only in ways which do not interfere
with future refitting for industrial use.
2022S-3
466 Monticello - Land Usage
(h) Buildings and structures must comply with building code requirements as adopted by
the City of Monticello.
(10) Utilities (major).
(a) An electrical power facility, substation, or transmission station as a principal use of
property shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited.
(b) All commercial WECS systems shall adhere to the requirements of § 153.071.
(E) Regulations for commercial uses.
(1) Reserved.
(2) Auction house.
(a) The architectural appearance and function plan of the building and site shall not be so
dissimilar to the existing buildings or area as to cause impairment in property values or constitute a
blighting influence within a reasonable distance of the lot.
(b) When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with § 153.060(G).
(c) Parking areas shall be landscaped and screened from view in compliance with
§ 153.060(F).
(d) Off-street parking shall comply with § 153.067.
(e) Vehicular access points shall be limited, shall create a minimum of conflict through
traffic movements, and shall be subject to the approval of the Community Development Department.
(f) All lighting shall be in compliance with § 153.063.
(g) The entire area shall have a drainage system which is subject to the approval of the
Community Development Department.
(h) All signing and information or visual communication devices shall be in compliance
with § 153.064.
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(i) The use shall require authorization through a conditional use permit following the
provisions of § 153.028(D).
0) All conditions pertaining to a specific site are subject to change when the Council, upon
investigation in relation to a formal request, finds that the general welfare and public betterment can be
served as well or better by modifying the conditions.
(k) No pets or livestock may be sold at this auction sales facility.
(1) Provisions must be made to control and reduce noise when adjacent to a residential
zoning district.
(m) All outside storage, if allowed, shall be effectively screened from public view in
accordance with § 153.060(I) and limited to 10% of the gross floor area of the principal use building.
(3) Auto repair - minor.
(a) The use shall be designed to ensure proper functioning of the site as related to vehicle
stacking, circulation, and turning movements.
(b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor
vehicle storage may be allowed in an outdoor storage area that is no larger than 25 % of the buildable
area of the lot, is located behind the front building line of the principal structure, and is screened with
a wooden fence or masonry wall in accordance with § 153.062, Fences & Walls.
(c) If gasoline is sold on-site, the use shall also comply with the standards for vehicle fuel
sales as regulated by this chapter.
(d) Vehicles not being repaired but used as a source of parts shall be prohibited unless full
enclosed within a building.
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(e) Vehicles that are repaired and are awaiting removal shall not be stored or parked for
more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or
during the repair process, the vehicle may remain on site as long as is necessary after the 30 -day period,
provided the owner or operator of the establishment demonstrates steps have been taken to remove the
vehicle from the premises using the appropriate legal means.
(4) Automotive wash facilities.
(a) All automotive wash facilities shall adhere to the following standards:
1. The architectural appearance and functional plan of the building and site shall be
consistent with the existing buildings and area to avoid impairment in property values and blight within
a reasonable distance of the lot.
2. Magazining or stacking space is constructed to accommodate that number of
vehicles which can be washed during a maximum 30 -minute period and shall be subject to the approval
of the Community Development Department.
3. When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with § 153.060(G).
4. All lighting shall be in compliance with § 153.063.
5. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with § 153.060(F).
6. The entire area other than occupied by the buildings or plantings shall be surfaced
with material which will control dust and drainage which is subject to the approval of the Community
Development Department.
7. The entire area shall have a drainage system which is subject to the approval of
the Community Development Department.
8. Vehicular access points shall be limited, shall create a minimum of conflict with
through traffic movement, and shall be subject to the approval of the Community Development
Department.
9. All signing and informational or visual communication devices shall be in
compliance with § 153.064.
10. Provisions are made to control and reduce noise.
11. Car wash facility shall have direct access to major thoroughfare via driveway or
frontage road.
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12. Intermittent sounds produced by car wash operation such as the sound of a vacuum
or warning signal shall not be audible to adjoining residential properties.
(b) If the automotive wash facility is located in the CCD district, the following additional
regulations shall apply:
1. The car wash building and the principal building must meet the architectural
requirements of the "CCD" district and design review is conducted by the Planning Commission.
2. The automobile stacking space area is screened from abutting property, both
residential and commercial.
3. Noise generated by the use, including vacuums, is mitigated by location or
architectural features from adjoining or nearby residential uses and pedestrian or outdoor commercial
activities. Doors of car wash must be closed during drying operation. Mechanical interlock between door
and dryer must be employed to assure compliance.
4. Lighting on the site shall be in compliance with § 153.063.
5. Signage meets the requirements of the CCD zoning district and is reviewed by the
Planning Commission.
6. Drive through traffic does not interfere with pedestrian routes around and/or
through the property.
7. A minimum of five stacking spaces for car wash customers is provided that avoids
interference with other traffic on the site.
8. Site landscaping is provided to mitigate the amount of concrete and/or asphalt
surfacing. The use of alternative paving surfaces is encouraged.
9. Measures are taken to avoid freezing and icing from washed vehicles prior to
exiting the site to the public street.
and met.
10. All other applicable requirements of the City's Zoning Ordinance are considered
(5) Bed and breakfast facilities.
(a) Bed and breakfast operations shall be limited to residential structures existing prior to
the date of this chapter.
(b) The property shall be landscaped with at least a basic buffer (Table 4-2, Buffer Type
"A") in accordance with § 153.060(G).
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Monticello - Land Usage
(c) Food served on the premises may be served only to overnight guests of the
bed and breakfast.
(d) The owner, operator, or manager of the bed and breakfast shall reside on the premises.
(e) Activities shall be limited to those customary to the operation of a bed and breakfast
facility. Commercial use of the property for other activities not normally associated with the operation
of a bed and breakfast such as wedding receptions, parties, etc., are not allowed.
(f) Operation of the bed and breakfast facility shall comply with all state regulations
governing such facilities.
(6) Brew pubs.
(a) Brew pubs shall be permitted in the CCD, B-3 and B-4 Districts provided that:
1. The brew pub sells 85 % or more of its beer on-site.
2. The beer is brewed primarily for sale in the restaurant and bar, and may be
dispensed directly from the brewery's storage tanks.
3. Brewpubs may also sell beer for off -sale consumption in growler containers
provided the conditions are met.
(7) Commercial lodging.
(a) All hotels and motels shall adhere to the following:
1. A hotel or motel shall have its principal frontage, access, and orientation direction
on an arterial street or collector street.
2. Vehicular access from a local residential street is prohibited.
3. No more than one security or caretakers quarters may be provided on the site, and
such quarters shall be integrated into the building's design.
(b) In the CCD District, the following additional standards shall apply:
1. The principal building lot coverage is no less than 50% of the property, exclusive
of easements devoted to public pedestrian use or other outdoor public spaces.
2. The building, site, and signage meet the standards for the "CCD" District and
design review is conducted by the Planning Commission.
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3. The proposed use demonstrates compatibility and consistency with the City's
Comprehensive Plan and the Downtown Revitalization Plan.
(8) Communications/broadcasting. All communication antennas, antenna support structures
and satellite dishes shall adhere to the applicable accessory use requirements for such outlined in
§ 153.092.
(9) Convenience retail. In the B-1 zoning district, the following conditions shall apply:
(a) The site is adequately served by a collector street.
(b) Access point to the site shall be limited to a collector street.
(c) Conformity with the surrounding neighborhood is maintained.
(d) Adequate screening and landscaping from neighborhood residential districts is provided
in accordance with this chapter.
(e) Traffic generated by the proposed use does not exceed the capacity of surrounding
streets and intersections to accommodate it.
(f) The site shall conform to parking requirements as provided in this chapter.
(g) Building setback from residential uses must be 30 feet or greater.
(h) Parking lot setback from residential uses must be 15 feet or greater.
(i) The site shall conform to signage requirements as recommended by the city. At no time
shall the signage exceed the requirements as provided in this chapter.
0) The site shall conform to lighting requirements as provided in this chapter. The lighting
shall be restricted to be consistent with the hours of operation, within one half hour of open and close
times.
(k) The hours of operation shall be limited to 6:00 a. m. to 9:00 p.m., except as may be
approved by conditional use permit.
(1) In addition to the above requirements, if in the CCD, the following conditions shall
apply:
1. Building architecture shall be designed to reflect retail street -level architecture as
defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled
"Downtown Monticello Small Area Plan."
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2. Site planning shall maximize building exposure to the street.
3. Drive-through facilities shall be located to minimize their exposure to the street.
4. Accessory structures, including canopies, menu boards, pay windows, and other
structures supporting drive-through functions shall be constructed of materials to match those of the
principal building.
5. Site planning shall be designed to emphasize connections to pedestrian facilities.
(10) Country club.
(a) The principal use, function, or activity is open, outdoor in character.
(b) Not more than 5 % of the land area of the site be covered by buildings or structures.
(c) When abutting a residential use, the property shall be screened with at least an aesthetic
buffer (Table 4-2, Buffer Type "B") in accordance with § 153.060(G).
(d) The land area of the property containing such use or activity meets the minimum
established for the districts.
(11) Day care center.
(a) No overnight facilities shall be provided for children served by the daycare. Children
must be delivered and removed from the facility daily.
(b) An outdoor recreational facility:
1. Shall be appropriately separated from the parking lot and driving areas by a fence
not less than four feet in height;
2. Shall be located continuous to the day-care facility;
3. Shall not be located in any yard abutting a major thoroughfare;
4. Shall not have an impervious surface for more than one-half of the playground
area;
5. Shall extend at least 60 feet from the wall of the building or to an adjacent property
line, whichever is less, or shall be bound on not more than two sides by parking and driving areas; and
6. Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per child
at licensed capacity, whichever is the greater figure.
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(c) All state laws and statutes governing such use are strictly adhered to and all required
operating permits are secured.
(d) In addition to divisions (a) through (c) above, day care centers in the I-1 district, shall
adhere to the following additional requirements:
1. Only be allowed as a secondary combination use which complements a primary
business;
2. Only be conducted in the principal building, and not exceed 20% of the total
principal building square footage;
3. Be physically separated from the other activities occurring in the principal
building;
4. Not have a dedicated entrance (other than emergency exits) from the exterior of
the principal building;
5. Not have dedicated off-street parking or signage.
(12) Entertainment/recreation - indoor commercial.
(a) No auctions shall take place on the premises.
(b) Outdoor storage shall be prohibited.
(c) Noise shall be controlled consistent with the standards of this chapter.
(d) When abutting a residential use, the property shall be screened with an aesthetic buffer
(Table 4-2, Buffer Type "B") in accordance with § 153.060(G).
(13) Entertainment/recreation -outdoor commercial.
(a) When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with § 153.060(G).
(b) Adequate measures to contain the proposed activity on the subject site shall be provided
(c) Dust and noise are controlled consistent with City Ordinance.
(14) Event centers.
(a) Proximity to residential uses. Property upon which event centers are located shall not
abut residentially zoned property, with the exception of R-3 and R-4 zoned properties.
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(b) Parking. Off-street parking for event centers shall be provided in accordance with
§ 153.067.
(c) Event size. Event centers shall be allowed a maximum event size as specified by the
conditional use permit.
(d) Number of events.
1. Event centers in the B-3 and B-4 District are not restricted in the number of events
allowed unless restricted by the conditional use permit.
2. Event centers in the B-2 District may be limited to certain days or number of
events by the City Council per the conditional use permit.
(e) Hours of operation. Event center hours of operation shall be as established by the City
Council per the conditional use permit.
(f) Noise regulations. Event centers shall be subject to the noise -related provisions of City
Code.
(g) Food regulations. Event centers may serve food and beverages as an accessory activity
in accordance with all applicable federal, state, and city regulations.
(h) Overnight accommodations. Overnight accommodations are not allowed.
(i) Accessibility. All buildings used in conjunction with event centers shall meet applicable
accessibility requirements imposed by state or federal law.
0) Code compliance. The building(s) used for the event center shall meet any and all
applicable federal, state, and local codes, including those which apply to sanitary facilities.
(k) Outdoor events. All events shall take place within the event center building(s), unless
otherwise allowed in the zoning district or City Code.
(15) Financial institutions. Drive-thru service, if approved as an accessory use to a financial
institution, shall be located to the side or rear of the principal building whenever feasible.
(16) Funeral services.
(a) Funeral homes shall have its principal frontage, access, and orientation direction on
an arterial or collector street.
(b) All structures shall be located so as not to require access from an interior residential
street.
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(17) Kennels (commercial):
475
(a) The kennel shall be sufficiently insulated so no unreasonable noise or odor can be
detected off the premises.
(b) Any open runs or pens used to house animals shall be located at least 75 feet from any
lot line.
(c) Accessory uses to a kennel may include retail sales and grooming services, as long as
the accessory uses do not occupy more than 25 % of the total gross floor area of the principal building.
(18) Landscaping/nursery business.
(a) The business shall be located next to a collector or arterial street as identified in the
comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on
local residential streets.
(b) Exterior displays visible from adjacent properties or right-of-way shall be limited to
plants unless otherwise approved by the City Council.
(19) Medical/clinical services. In the CCD, the following conditions shall apply:
(a) Building architecture shall be designed to reflect retail street -level architecture as
defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled
"Downtown Monticello Small Area Plan."
(b) Street -level floor planning designed to accommodate use by or conversion to future use
as retail land uses.
(20) Offices (commercial). Regulations for office use.
(a) Outdoor storage shall be prohibited.
(b) Buildings or structures with less than 51 % of office space shall not be classified as an
office use and shall be regulated by the other use of the structure.
(c) If in the B-1 district, the following shall apply:
1. The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding area.
2. The architectural appearance of the building housing the office use shall reflect the
building character of the area and shall not be so dissimilar as to cause impairment of property values
or constitute a blighting influence within the neighborhood.
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3. The provisions of this chapter are considered and satisfactorily met.
4. The site shall conform to signage requirements provided under § 153.064.
5. The site shall conform to lighting requirements as provided in this chapter. The
lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and
close times.
(d) In the CCD, the following conditions shall apply:
1. Building architecture shall be designed to reflect retail street -level architecture as
defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled
"Downtown Monticello Small Area Plan."
2. Street -level floor planning designed to accommodate use by or conversion to future
use as retail land uses.
3. Parking areas shall be situated so as to minimize their exposure to public areas,
or shall be landscaped and screened to minimize large expanses of open pavement.
(21) Offices (professional) including financial institutions.
(a) Outdoor storage shall be prohibited.
(b) Buildings or structures with less than 51 % of office space shall not be classified as an
office use and shall be regulated by the other use of the structure.
(c) If in the B-1 district, the following shall apply:
1. The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding area.
2. The architectural appearance of the building housing the office use shall reflect the
building character of the area and shall not be so dissimilar as to cause impairment of property values
or constitute a blighting influence within the neighborhood.
3. The provisions of this chapter are considered and satisfactorily met.
4. The site shall conform to signage requirements provided under § 153.064.
5. The site shall conform to lighting requirements as provided in this chapter. The
lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and
close times.
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(d) In the CCD, the following conditions shall apply: Building architecture shall be
designed to reflect retail street -level architecture as defined in the City's Comprehensive Plan, and
detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan."
(e) Street -level floor planning designed to accommodate use by or conversion to future use
as retail land uses.
(f) Parking areas shall be situated so as to minimize their exposure to public areas, or shall
be landscaped and screened to minimize large expanses of open pavement.
(g) Parking supply shall be calculated at the same rate as retail sales.
(22) Personal services.
(a) In the B-1 district, the following shall apply:
1. Outdoor lighting shall be restricted to be consistent with the hours of operation,
within one half hour of open and close times.
2. Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
(b) Establishments engaged in dry cleaning shall be held to the following requirements:
Dry cleaning processing shall be restricted to the B-4 district.
2. Dry cleaning operations shall be self-contained in terms of noise and fumes with
no venting to outside of building.
Dry cleaning facilities shall have direct access to major thoroughfare via driveway
or frontage road.
(c) Tattoo facilities and providers shall be required to comply with the requirements of the
Minnesota Department of Health licensing requirements and regulations, and display evidence of such
compliance in a conspicuous location within the establishment.
(23) Production breweries and micro -distilleries with accessory taproom or cocktail room.
Production breweries and micro -distilleries with accessory taproom or cocktail room shall be allowed
by conditional use permit in the CCD, B-3 and B-4 Districts, provided that:
(a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor
wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended
from time to time.
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(b) The brewery or micro -distillery includes an accessory brewer's taproom or cocktail
room for the on -sale of products produced on-site, and such room shall require the applicable license
from the City of Monticello, according to City Code.
(c) On-site sale of beer in the form of growlers shall require a brewery license for off -sale
of malt liquor, according to City Code. Off -sale hours of sale must conform to hours of sale for retail
off -sale licensees in the City of Monticello.
(d) Total production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000 -
barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels
of which may be sold off -sale as growlers. The brewer shall annually submit production reports with the
request to renew a brewer taproom or off -sale malt liquor license.
(e) A micro -distillery may be issued a license for off -sale of distilled spirits. The license
may allow the sale of one 375 -milliliter bottle per customer per day of product manufactured on-site,
subject to the following requirements:
1. Off -sale hours of sale must conform to hours of sale for retail off -sale licensees
in the City of Monticello.
2. No brand may be sold at the micro -distillery unless it is also available for
distribution by wholesalers.
(f) Total production of liquor may not exceed 40,000 proof gallons annually. Of the
40,000 proof gallon production limit, onsite cocktail retail sales shall not exceed 3,500 proof gallons
annually, 500 proof gallons of which may be sold off -sale in 375 milliliter bottles. The distiller shall
annually submit production reports with the request to renew a cocktail room or off -sale liquor license.
(g) The brewery or micro -distillery facility provides adequate space for off-street loading
and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the city
may impose limits on deliveries or shipments using the public rights-of-way, including regulating the
number of trucks per day and the hours that deliveries are permitted.
(h) Loading docks shall be located and designed so they are not visible from adjoining
public streets or adjoining residential zoning.
(i) No outdoor storage is permitted on the site, with the exception that waste handling
(refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and
residential zoning.
0) No odors from the business may be perceptible beyond the property line.
(k) The business must be housed in a building that utilizes building design similar to, or
compatible with, common commercial architecture, and shall avoid large wall expanses which contribute
to an industrial environment.
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(1) The brewer must demonstrate the capacity for producing, processing and storing malt
liquor on the commercial site through the provision of a building floor plan illustrating production,
bottling, and storage areas.
(m) All exterior lighting shall be compliant with § 153.063.
(24) Recreational vehicle camp site.
(a) The land area of the property containing such use or activity meets the minimum
established for the district.
(b) The site shall be served by a major or arterial street capable of accommodating traffic
which will be generated.
(c) All driveways and parking areas shall be surfaced with a dustless material.
(d) Plans for utilities and waste disposal shall be subject to approval by the Community
Development Department, and all applicable requirements of the State Pollution Control Agency are
complied with.
(e) Not more than 5 % of the land area of the site shall be covered by buildings or
structures.
(f) The locations of such use shall be at minimum 100 feet from any abutting residential
use district.
(25) Repair establishments.
(a) Outdoor storage shall be prohibited in the B-1, B-2 and CCD districts.
(b) No process involved in a repair operation shall produce noise, vibration, air pollution,
fire hazard, or noxious emission which will disturb or endanger neighboring properties.
(26) Restaurants.
(a) For all restaurants, if the establishment (building) or outdoor seating area is located
within 300 feet of a residential zoning district, the following standards shall apply:
1. The use shall require authorization through a conditional use permit.
2. Primary access from local residential streets shall be prohibited.
(b) Restaurants having outdoor seating (including, but not limited to, seating for dining
or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply
with the following standards:
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480 Monticello - Land Usage
1. The outdoor portions of the restaurant shall not operate after 10:00 p.m. unless
a special event permit for such events has been approved by the City Council. Such a permit supersedes
the provisions of City Code.
2. The outdoor seating area shall not obstruct the movement of pedestrians along
sidewalks or through areas intended for public use.
3. The outdoor portions of the restaurant shall not operate after 10:00 p.m. unless
a special event permit for such events has been approved by the City Council. Such a permit supersedes
the provisions of City Code.
4. The outdoor seating area shall not obstruct the movement of pedestrians along
sidewalks or through areas intended for public use.
(c) Restaurants having drive-through facilities shall require a conditional use permit and
comply with the following standards:
1. All requirements for an accessory drive-through facility shall be met.
2. The architectural appearance and functional plan of the building and site shall not
be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute
a blighting influence within a reasonable distance of lot.
3. When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with § 153.060(G).
4. Each light standard island and all islands in the parking lot landscaped or covered.
5. Parking areas shall be screened from view of abutting residential districts in
compliance with § 153.060(F).
6. Vehicular access points shall be limited, shall create a minimum of conflict with
through traffic movements, and shall be subject to the approval of the Community Development
Department.
7. If in the CCD District, the following standards shall also apply:
a. The design of the site promotes pedestrian access adjacent to and along the
property.
b. Site lighting shall utilize fixtures similar in style to that designated by the city
for use in public areas of the "CCD" district.
c. The building, site, and signage meet the standards for the "CCD" district and
design review is conducted by the Planning Commission.
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481
d. Drive through facilities comply with the requirements of § 153.092(D)(14).
e. The proposed use demonstrates compatibility and consistency with the City's
Comprehensive Plan and the Downtown Revitalization Plan.
(27) Retail commercial uses (other).
(a) If the retail sales includes consignment sales, the following standards shall apply:
Sales and storage shall not exceed 1,000 square feet in area.
2. At least 80% of the sales shall be of consigned merchandise.
3. No auctions shall take place on the premises.
4. There shall be no outside storage.
(28) Specialty eating establishments.
(a) Drive through service, if approved as an accessory use within the applicable district,
shall be located to the side or rear of the building whenever feasible.
(b) For all specialty eating establishments, if the establishment (building) or outdoor
seating area is located within 300 feet of a residential zoning district, the following standards shall apply:
The use shall require authorization through a conditional use permit.
(c) Restaurants having outdoor seating (including, but not limited to, seating for dining
or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply
with the following standards:
The outdoor portions of the restaurant shall not operate after 10:00 p.m.
2. The outdoor seating area shall not obstruct the movement of pedestrians along
sidewalks or through areas intended for public use.
(d) In addition to the above requirements, if in the CCD, the following conditions shall
apply:
1. Building architecture shall be designed to reflect retail street -level architecture as
defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled
"Downtown Monticello Small Area Plan."
2. Site planning shall maximize building exposure to the street.
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482 Monticello - Land Usage
3. Drive-through facilities shall be located to minimize their exposure to the street.
4. Accessory structures, including canopies, menu boards, pay windows, and other
structures supporting drive-through functions shall be constructed of materials to match those of the
principal building.
5. Site planning shall be designed to emphasize connections to pedestrian facilities.
(29) Vehicle fuel sales.
(a) Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or
oil is incidental to the conduct of the use or business, the standards and requirements imposed by this
chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition
to other requirements which are imposed for other uses of the property.
(b) Wherever fuel pumps are to be installed, pump islands shall be installed.
(c) All signing and informational or visual communication devices shall be minimized and
shall be in compliance with § 153.064.
property.
(d) Provisions are made to control and reduce noise.
(e) If in the CCD District, the following standards shall also apply:
1. The design of the site promotes pedestrian access adjacent to and along the
2. No more than two curb cuts of 24 feet in width or less shall be permitted.
3. Site lighting shall utilize fixtures similar in style to that designated by the city for
use in public areas of the "CCD" district.
4. The building, site, and signage meet the standards for the "CCD" district and
design review is conducted by the Planning Commission.
5. The proposed use demonstrates compatibility and consistency with the City's
Comprehensive Plan and the Downtown Revitalization Plan.
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(30) Vehicle sales or rental.
483
(a) The minimum building size for any vehicle sales or rental use shall comply with the
standards in Table 5-3.
TABLE 5-3: MINIMUM BUILDING SIZE FOR VEHICLE SALES/RENTAL USES
Parcel Size
Lot Coverage Percent*
Minimum Building Size*
Less than 2 acres
5%
2,500 sq. ft.
2 acres to less than 4 acres
7%
10,000 sq. ft.
4 acres to less than 8 acres
9%
20,000 sq. ft.
8 acres or more
9%
40,000 sq. ft.
*Whichever requires the larger building
(b) When abutting a residential use, the property shall be screened with an opaque buffer
(Table 4-2, Buffer Type "D") in accordance with § 153.060(G).
(c) All lighting shall be in compliance with § 153.063.
(d) The outside sales and display area shall be hard surfaced.
(e) The outside sales and display area does not utilize parking spaces which are required
for conformance with this chapter.
(f) Vehicular access points shall create a minimum of conflict with through traffic
movement and shall be subject to the approval of the Community Development Department.
(g) There is a minimum lot area of 22,500 square feet and minimum lot dimensions of 150
feet by 130 feet. A drainage system subject to the approval of the Community Development Department
shall be installed.
(3 1) Veterinary facilities.
(a) Treatment shall be limited to small household pets unless the facility is conditionally
permitted as a rural veterinary facility.
(b) In the CCD district, animals shall only be housed overnight if they are undergoing
medical treatment or observation. Overnight boarding for non-medical reasons shall be prohibited.
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(c) The site shall be designed to prevent animal waste from being exposed to stormwater
or entering the stormwater system, streams, lakes, or conveyances. If an area is provided for animals
walking, it shall not be exposed to stormwater and the waste shall immediately be picked up and disposed
of properly.
expense.
(d) Animals shall not be kept outdoors or be allowed to remain outside unsupervised.
(e) All animals must be leashed.
(f) No outside storage of carcasses.
(g) The facility shall be subject to an annual inspection by a City Health Officer at owner's
(h) In the CCD, F-1 sub -district, the following additional standards shall apply:
1. Building architecture shall be designed to reflect retail street -level architecture as
defined in the City's Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled
"Downtown Monticello Small Area Plan."
2. Street level floor planning designed to accommodate use by or conversion to future
use as retail uses.
3. Overnight animal boarding shall only be allowed as an accessory use to clinic
services, and shall be situated so as to prohibit exposure, noise, or other nuisance conditions.
(32) Retail service.
(a) Repair of all goods shall occur within an enclosed building.
(b) Outdoor sales and display shall be conducted in accordance with this chapter.
(c) Off-street loading and delivery shall be in accordance with this chapter and shall not
reduce the required off-street parking required for the site and use.
(d) Outdoor storage shall be prohibited.
(e) No process involved in a service operation shall produce noise, vibration, air pollution,
fire hazard, or noxious emission which will disturb or endanger neighboring properties.
(f) If adjacent to a residential property, the use shall require installation of a buffer yard
in accordance with this chapter.
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Zoning
(F) Regulations for industrial uses.
(1) Automobile repair - major.
(a) Door opening to service area garage must not face street frontage.
485
(b) Vehicle storage area limited to 50% of floor space of the structure housing the auto
body shop.
(c) All vehicles being serviced and all vehicle parts must be stored inside or in vehicle
storage area.
(d) Vehicle storage area shall be enclosed by enclosure intended to screen the view of
vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence
designed to blend with the auto body shop structure and consisting of materials treated to resist
discoloration.
(e) The floor of the vehicle storage area shall consist of asphalt or concrete paving.
(f) All work on vehicles or vehicle parts shall be conducted within an enclosed building.
(g) The advertising wall facing the public right-of-way shall consist of no more than 50%
metal material.
(h) The secondary or non -advertising wall facing a public right-of-way shall utilize a
combination of colors or materials that serve to break up the monotony of a single color flat surface.
(i) No conditional use permit shall be granted for an auto body shop located within 600
feet of a residential zone existing at the time the conditional use permit is granted.
(2) Bulk fuel sales and storage.
(a) Gas storage shall be limited to quantities not exceeding 500,000 cubic feet and not
located within 100 feet from any lot line.
(b) Gas storage with quantities not exceeding 200 cubic feet, if the pressure is greater than
100 pounds per square inch, shall not be located within 50 feet of any lot line.
(3) Commercial self -storage facilities.
(a) Site layout.
1. The minimum lot area shall be at least two acres.
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2. If separate buildings are constructed, there shall be a minimum separation of ten
feet between buildings.
(b) Operation.
1. The only commercial uses permitted on-site shall be the rental of storage bays and
the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to
manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical
equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to
conduct any other commercial or industrial activity on the site.
2. Individual storage bays or private postal boxes within a self-service storage facility
use shall not be considered premises for the purpose of assigning a legal address.
3. No more than one security or caretaker quarters may be developed on the site, and
shall be integrated into the building's design.
4. Except as otherwise authorized in this division, all property stored on the site shall
be enclosed entirely within enclosed buildings.
5. If buildings or driving lanes are within 200 feet of a residential dwelling, the hours
of public access to the self -storage use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.
(c) Parking and circulation.
1. The one- or two-way traffic flow patterns in aisleways shall be clearly marked.
Marking shall consist, at a minimum, of standard directional signage and painted lane markings with
arrows.
2. Appropriate access and circulation by vehicles and emergency equipment shall be
ensured through the design of internal turning radii of aisleways.
materials.
3. All access ways shall be paved with asphalt, concrete, or comparable paving
(d) Building appearance.
1. Garage doors serving individual storage units shall be perpendicular to a public
or private street so as to not be visible from adjacent streets.
2. Outdoor lighting shall be the minimum necessary to discourage vandalism and
theft, and shall be provided in accordance with § 153.063, Exterior Lighting.
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3. The exterior facades of all structures facing a public street shall adhere to
§ 153.070, Building Materials.
4. Windows may not exceed 20 % of any street -facing facade and shall not be
reflective.
5. A maximum of two colors (excluding roof colors) shall be used on wall facades
visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use.
6. Perimeter or exterior walls visible from a public street or detached residential
dwelling shall not include metal as a primary material.
7. All mechanical equipment and dumpsters shall be fully screened from off-site
views.
(e) Fencing. All areas adjacent to a street frontage not occupied by a building shall include
fencing designed in accordance with the following standards:
1. Fences shall be no shorter than six feet or taller than eight feet.
2. Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted
or vinyl coated with colors that complement the buildings.
3. Chain link fencing is prohibited except where the use abuts lots with a business
zoning designation, but in no instance shall chain link fencing be visible from a public street.
4. Metal fences shall include brick pilasters or supports located with consistent
on -center spacing.
5. Wooden or chain link entry gates into the use are prohibited.
(f) Open storage. Open storage of recreational vehicles and travel trailers of the type
customarily maintained by persons for their personal use shall be permitted within a self-service storage
facility use, provided that the following standards are met:
delineated.
1. No outdoor storage shall be visible from off-site views.
2. The storage shall occur only within a designated area, which shall be clearly
3. The size of the storage area shall not exceed 25 % of the buildable area of the site.
4. Outdoor storage areas shall be located to the rear of the principal structure and be
screened with a wooden fence or masonry wall at least eight feet high.
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5. Storage shall not occur within the areas set aside for minimum building setbacks.
6. No dry stacking of boats shall be permitted on-site.
7. Vehicles shall be allowed on the premises for storage only.
(4) Contractors yard - temporary.
(a) Temporary contractor's yards shall be allowed only by interim use permit, subject to
the standards of § 153.028(E).
(b) Temporary contractor's yards shall be accommodated only in association with the
construction of public infrastructure projects on public property, rights-of-way, or public easements.
(c) Temporary contractor's yards shall be located only on property directly abutting a state
or federal highway, and shall minimize use of local streets.
(d) Such yards shall provide haul routes for approval by the City Engineer.
(e) Such yards shall provide adequate securities, as determined by the City Council, for
the restoration of any municipal infrastructure damaged due to the operation of the yard.
(f) Such yards shall provide, as a condition of their permit, for adequate stormwater
management, dust control, traffic control, and other requirements of the City Engineer.
(g) Interim use permits for temporary contractor's yards shall include a restoration plan
ensuring the restoration of the property to a condition meeting the zoning and nuisance standards of the
city.
(5) Extraction of materials.
(a) All regulations in City Code regarding excavations shall be met.
(b) Plans shall be provided to illustrate how the land will be left in a useable condition
upon cessation of extraction activities, shall prove that the finished grade will not adversely affect the
surrounding land or future development of the site on which the mining is being conducted, and the route
of trucks moving to and from the site.
(c) The interim use permit authorizing the extraction of materials shall regulate:
The type(s) of material being mined on the site;
2. A program for rodent control;
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3. A plan for fire control and general maintenance of the site;
4. Controls for vehicular ingress and egress, and for control of material disbursed
from wind or hauling of material to or from the site;
5. A calendar of specific dates when mining operations will be conducted, including
specific beginning and ending dates; and
6. The submission of a surety by the applicant in an amount determined by the
Community Development Department to be equal to 100% of the value of the cost of restoring land
whereupon mining is to occur and repairing the degradation of roadways used to transport soils.
(d) On-site sales may be allowed as part of the interim use permit subject to all conditions
established by the City Council to ensure the health, safety, and welfare of those visiting the site and of
surrounding property owners.
(6) General warehousing.
care center.
(a) The use shall be located at least 500 feet from any residential district, school, or day
(b) The use shall not locate storage areas within a required setback or perimeter buffer.
(c) The use shall locate outdoor storage areas to the rear of the principal structure. All such
outdoor storage shall be screened from view of adjacent properties in conformance with the requirements
of § 153.060(I).
(d) The use shall be designed to ensure proper functioning of the site as related to vehicle
stacking, circulation, and turning movements.
(e) The use shall have direct access onto an arterial or collector roadway.
(7) Heavy manufacturing.
(a) The use shall be located at least 500 feet from any residential district, school, or day
care center.
(b) The use shall locate outdoor storage areas to the rear of the principal structure and be
screened with a fence or wall in accordance with § 153.060(I). The height of materials and equipment
stored shall not exceed the height of the screening fence or wall.
(c) The use shall be designed to ensure property functioning of the on-site transportation
circulation system.
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(d) The use shall have direct access onto an arterial or collector roadway.
(8) Industrial self -storage facilities.
(a) Such facilities shall occupy no less than 2,000 square feet per individual storage unit
in any complex or building.
(b) All individual units shall have overhead door access and service access separate from
other units, and no common access shall be permitted.
(c) Such use shall be authorized by conditional use permit.
(d) Site layout:
1. The minimum lot area shall be at least two acres.
2. If separate buildings are constructed, there shall be a minimum separation of ten
feet between buildings.
(e) Operation:
1. The only commercial uses permitted on-site shall be the rental of storage bays and
the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to
manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical
equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to
conduct any other commercial or industrial activity on the site.
2. Individual storage bays or private postal boxes within a self-service storage facility
use shall not be considered premises for the purpose of assigning a legal address.
3. No more than one security or caretaker quarters may be developed on the site, and
shall be integrated into the building's design.
4. Except as otherwise authorized in this division, all property stored on the site shall
be enclosed entirely within enclosed buildings.
5. If buildings or driving lanes are within 200 feet of a residential dwelling, the hours
of public access to the self -storage use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.
(f) Parking and circulation.
1. The one- or two-way traffic flow patterns in aisleways shall be clearly marked.
Marking shall consist, at a minimum, of standard directional signage and painted lane markings with
arrows.
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Zoning 491
2. Appropriate access and circulation by vehicles and emergency equipment shall be
ensured through the design of internal turning radii of aisleways.
materials.
3. All access ways shall be paved with asphalt, concrete, or comparable paving
(g) Building appearance.
1. Garage doors serving individual storage units shall be perpendicular to a public
or private street so as to not be visible from adjacent streets.
2. Outdoor lighting shall be the minimum necessary to discourage vandalism and
theft, and shall be provided in accordance with § 153.063, Exterior Lighting.
3. The exterior facades of all structures facing a public street shall adhere to
§ 153.070, Building Materials.
4. Windows may not exceed 20% of any street -facing facade and shall not be
reflective.
5. A maximum of two colors (excluding roof colors) shall be used on wall facades
visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use.
6. Perimeter or exterior walls visible from a public street or detached residential
dwelling shall not include metal as a primary material.
7. All mechanical equipment and dumpsters shall be fully screened from off-site
views.
(h) Fencing. All areas adjacent to a street frontage not occupied by a building shall include
fencing designed in accordance with the following standards:
1. Fences shall be no shorter than six feet or taller than eight feet.
2. Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted
or vinyl coated with colors that complement the buildings.
3. Chain link fencing is prohibited except where the use abuts lots with a business
zoning designation, but in no instance shall chain link fencing be visible from a public street.
4. Metal fences shall include brick pilasters or supports located with consistent
on -center spacing.
5. Wooden or chain link entry gates into the use are prohibited.
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492 Monticello - Land Usage
(i) Open storage. Open storage of recreational vehicles and travel trailers of the type
customarily maintained by persons for their personal use shall be permitted within a self-service storage
facility use, provided that the following standards are met:
delineated.
1. No outdoor storage shall be visible from off-site views.
2. The storage shall occur only within a designated area, which shall be clearly
3. The size of the storage area shall not exceed 25 % of the buildable area of the site.
4. Outdoor storage areas shall be located to the rear of the principal structure and be
screened with a wooden fence or masonry wall at least eight feet high.
5. Storage shall not occur within the areas set aside for minimum building setbacks.
6. No dry stacking of boats shall be permitted on-site.
7. Vehicles shall be allowed on the premises for storage only.
(9) Land reclamation. The conditional use permit authorizing land reclamation shall regulate:
(a) A finished grade plan which will not adversely affect the adjacent land;
(b) The type of fill permitted;
(c) A program for rodent control;
(d) A plan for fire control and general maintenance of the site;
(e) Controls for vehicular ingress and egress, and for control of material disbursed from
wind or hauling of material to or from the site;
(f) A calendar of specific dates when land reclamation operations will be conducted,
including specific beginning and ending dates; and
(g) The submission of a surety by the applicant in an amount determined by the
Community Development Department to be equal to 100% of the value of the cost of restoring land
whereupon land reclamation is to occur and repairing the degradation of roadways used to transport
soils.
(10) Light manufacturing. Light manufacturing uses may include a commercial component
provided the following standards are met:
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Zoning 493
(a) The commercial component is directly related to the products being created by the light
manufacturing use.
(b) The commercial component shall not exceed 30% of the gross floor area of the
principal use.
(11) Machinery/trucking repair & sales and industrial services.
(a) A drainage system subject to the approval of the Community Development Department
shall be installed.
(b) The lighting shall be accomplished in such a way as to have no direct source of light
visible from adjacent land in residential use or from the public right-of-way and shall be in compliance
with § 153.063.
(c) When abutting a residential use, the property shall be screened with an opaque buffer
(Table 4-2, Buffer Type "D") in accordance with § 153.060(G).
(d) Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with § 153.060(F).
(e) All signing and informational or visual communication devices shall be minimized and
shall be in compliance with § 153.064.
(f) Provisions are made to control and reduce noise.
(g) Any such facility shall include a principal building of no less than 30,000 square feet
in floor area. The square footage shall be increased by 15 % of each acre of the parcel size above five
acres.
(h) Additional accessory buildings related to the principal use may be provided on the site
as a part of essential operations of this use without the need for PUD approvals but shall be limited to
no more than 15 % of the gross square footage of the principal use. Leasing of such buildings to other
business entities or operations would require the processing of a PUD per § 153.028(0).
(i) Any outdoor storage (separate from approved sales and display area) of vehicles and/or
equipment awaiting repair accessory to the principal use shall be limited to an area of the site no greater
than the footprint of the principal building.
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494 Monticello - Land Usage
0) Any outdoor storage of vehicles and/or equipment awaiting repair, repair vehicles
and/or equipment must be kept on a paved surface such as bituminous or concrete, screened from view
of adjoining public rights-of-way and residentially zoned property. Such outdoor storage area must be
designated on an approved site plan. Sites utilizing heavy equipment shall rely on reinforced concrete
to ensure long-term durability of the paved surface.
(k) Any outdoor display of for -sale vehicles or equipment must be paved with a hard
surface such as bituminous or concrete and occupy an area of the site no greater than 200% of the
footprint of the principal building, not including areas dedicated to required parking and general
circulation on the site. Such outdoor display area must be designated on an approved site plan.
(1) Sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term
durability of the paved surface.
(m) All conditions pertaining to a specific site are subject to change when the Council, upon
investigation in relation to a formal request, finds that the general welfare and public betterment can be
served as well or better by modifying the conditions.
(n) If the business repairs semi -trucks or other large machinery, a specific area shall be
designated for the exterior storage of the things being repaired and/or other vehicles and equipment
accessory and incidental to the vehicle or machinery being repaired or serviced.
(12) Production breweries and micro -distilleries. Production breweries and micro -distilleries
shall be allowed as a permitted use in the I-1 and I-2 District, provided that:
(a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor
wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended
from time to time.
(b) Total production of malt liquor may not exceed 250,000 barrels annually.
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Zoning 495
(13) Production breweries and micro -distilleries with accessory taproom or cocktail room.
Production breweries and micro -distilleries with accessory taproom or cocktail room shall be allowed
by conditional use permit in the IBC, I-1 and I-2 Districts, provided that:
(a) The facility is located in an area that includes and/or serves commercial traffic.
(b) The facility is not located within 500 feet of a residential zoning district.
(c) The owner of the brewery qualifies for and receives a brewer license and a malt liquor
wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended
from time to time.
(d) Total production of malt liquor may not exceed 250,000 barrels annually.
(14) Recycling and salvage center.
(a) The center shall be on a parcel with an area of at least four acres.
(b) The center shall be located at least 250 feet from any residential district, school, or day
care.
(c) Except for a freestanding office, no part of the center shall be located within 15 feet
of any property line, or the minimum buffer yard setbacks required in § 153.060(G), whichever requires
the greater setback.
(d) All recycling activities and storage areas shall be effectively screened from view by
walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of
recycling activities or a storage area can be seen from rights-of-way or adjacent lots.
(e) All outdoor storage areas shall be surrounded by a solid fence or wall that is at least
eight feet high, located no less than 30 feet from any public right-of-way, and located no less than 15
feet from any adjacent property.
(f) Recyclable materials shall be contained within a leak -proof bin or trailer, and not stored
on the ground. In the alternative, the outdoor storage of recyclable materials may occur on the ground,
provided that the ground is surfaced with a suitable material acceptable to the city to control dust and
drainage in a manner that is consistent with the city's stormwater management requirements, and is
fenced and screened to ensure that no storage is taller in elevation than the height of the screening.
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496 Monticello - Land Usage
(g) The facility shall at all times comply with the terms of the MCPA permitting for the
site, and shall promptly comply with any order of mitigation or correction issued by the MPCA when
an inconsistency or violation is found. The city may require additional improvements to protect the city's
stormwater management system resulting from operation of the facility, including but not limited to,
additional stormwater treatment, reporting, and notifications as appropriate.
(h) There shall be no collection or storage of biodegradable wastes (as defined by the PCA)
on the site. The storage of hazardous wastes shall be, at all times, found to be in compliance with the
requirements and permitting of the MPCA as applicable to the site and the material in question.
(i) Space shall be provided to park each commercial vehicle operated by the center.
0) The facility shall be administered by on-site persons during the hours the facility is
open.
(k) The site shall be maintained free of fluids, odors, litter, rubbish, and any other
non -recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from
unauthorized entry and removal of materials when attendants are not present.
(1) Noise levels shall be controlled in accordance with § 153.091(A)(2)(e).
(m) Signage shall include the name and phone number of the facility operator and indicate
any materials not accepted by the center.
(n) Access to the center shall be from a collector or arterial street.
(o) No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on
abutting properties.
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Zoning
(15) Truck or freight terminal.
497
(a) The architectural appearance and functional plan of the building and site shall not be
so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values
or constitute a blighting influence within the district in which the proposed use is located.
(b) Parking areas shall be screened from view of abutting residential districts and public
streets in compliance with § 153.060(I). Trucks and trailers stored on the site shall be screened from
adjoining residential areas and public streets with a combination of trees, shrubs, and fencing to ensure
that no view of the trailers is possible from abutting residential property to a height of no less than 12
feet.
(c) The entire site, other than that taken up by a building, structure, or plantings, must be
paved with a hard surface such as bituminous or concrete sites utilizing heavy equipment shall rely on
reinforced concrete to ensure long-term durability of the paved surface. All surfaces shall be developed
with a stormwater management system approved by the City Engineer.
(d) The site shall meet minimum lot dimension requirements of the District.
(e) No outside storage except as permitted or conditionally permitted in compliance with
153.092(D)(26).
(f) Parking areas accessible to the public, including customers and employees shall be
paved.
(g) No more than 6,000 square feet of the site shall be devoted to the storage, parking,
and/or circulation of semi -tractors and trailers, as illustrated on a site plan submitted in connection with
an application for a conditional use permit.
(h) All service activities shall occur within the principal building or approved accessory
buildings.
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498 Monticello - Land Usage
(16) Waste disposal and incineration.
(a) Disposal must be in accordance with Minnesota Pollution Control Agency regulations.
(b) The facility must secure applicable local, county, state, and/or federal permits.
(17) Wrecker services.
(a) No portion of any salvage yard or junkyard shall be located within 500 feet of any
residence district.
(b) All outside storage in such yards shall be enclosed by a sight -obscuring fence of at least
eight feet in height, which fence and the materials used to construct it shall be approved of by the city.
(c) No vehicles or junk shall be dismantled or stored within the 100 -year floodplain.
(d) Upon receiving a motor vehicle which will not be repaired, the battery shall be
removed and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into
watertight, covered containers and shall be recycled or disposed of according to all applicable federal
and state laws, rules, and regulations. No discharge of any fluids from any motor vehicle shall be
permitted into or onto the ground.
(e) To reduce noise, all dismantling of motor vehicles shall take place during timeframes
deemed reasonable by the city.
(f) No vehicle or junk shall be dismantled or stored within 300 feet of any water body or
inland wetland, regardless of size.
(g) No vehicles or junk shall be stored within 300 feet from the property line of any
school, church, public playground, public park or cemetery or within ordinary view from the public
facility.
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Zoning 499
(h) No vehicles or junk shall be dismantled or stored within 300 feet of a well that serves
as a public or private water supply unless such well serves the business.
(i) No vehicles, junk or parts of other items shall be stored closer than 100 feet of any
property line.
(Ord. 771, passed 2-28-2022; Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022)
§ 153.092 ACCESSORY USE STANDARDS.
(A) Purpose. This section authorizes the establishment of accessory uses that are incidental and
customarily subordinate to principal uses. The purpose of this section is to allow a broad range of
accessory uses, so long as such uses are located on the same site as the principal use, and so long as they
comply with the standards set forth in this section in order to reduce potentially adverse impacts on
surrounding lands.
(B) General standards and limitations for accessory uses and structures.
(1) Compliance with chapter requirements. All accessory uses and accessory structures shall
conform to all applicable requirements of this chapter. The provisions of this section establish additional
standards and restrictions for particular accessory uses and structures.
(2) General standards. All accessory uses and accessory structures shall meet the following
standards:
(a) Directly serve the principal use or structure;
(b) Be customarily accessory and clearly incidental and subordinate to the principal use
and structure;
(c) Be subordinate in area, extent, and purpose to the principal use or structure;
(d) Be owned or operated by the same person as the principal use or structure;
(e) Be located on the same lot as the principal use or structure, subject to the public
improvement project exception as regulated by § 153.106(D)(1);
(f) Not be constructed or established prior to the time the principal use or structure is
constructed or established, subject to the public improvement project exception as regulated by
§ 153.106(D)(1);
(g) Together with the principal use or structure, not violate any standards of this chapter;
(h) Not be located within platted or recorded easements or over underground public
utilities;
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500 Monticello - Land Usage
(i) An accessory building shall be considered an integral part of the principal building if
it is connected to the principal building either directly or by an enclosed passageway. Such accessory
buildings shall adhere to requirements for the principal building;
0) If a principal building is proposed to be removed with no immediate replacement, all
accessory structures shall also be removed;
(k) Not constitute a combination use, which is the combination of two principal uses
(combination uses will not meet the above standards in terms of being subordinate or providing service
to the principal use).
(3) Location of accessory uses or structures. Except for fences and walls, the following
standards shall apply to all accessory structures:
(a) All accessory structures, except as may be specifically denoted, shall be located at least
six feet from all lot lines, and at least the minimum distance from public rights-of-way as denoted in the
individual zoning district regulations. All such structures must meet applicable building codes related
to fire separation distance.
1. A side yard setback of 20 feet shall be maintained from property lines abutting
public streets.
(b) Detached accessory buildings shall be six feet or more from any other building or
structure on the same lot.
(c) Detached accessory structures shall not be located beyond the front building line
established by the principal structure, with the exception of commercial canopies and signs, which must
adhere to regulations of this chapter.
(4) Maximum height.
(a) Detached accessory buildings shall not exceed 15 feet in height except in the I-1 and
I-2 districts.
(b) No accessory structure shall exceed the height of the principal structure unless
specifically allowed by this chapter.
(5) Maximum number of accessory structures. In all residential zoning districts, the following
limitations on accessory structures shall apply:
(a) No more than one private, detached major accessory building may be erected for each
dwelling;
2022S-3
Zoning
501
(b) No more than one private, detached minor accessory building may be erected for each
dwelling;
(c) Additional major or minor accessory buildings may be erected if approved via a
conditional use permit pursuant to § 153.028(D).
(6) Temporary family health care dwellings opt out. The City of Monticello opts -out of the
requirements of M.S. § 462.3593, as it may be amended from time to time, which defines and regulates
temporary family health care dwellings.
(C) Table of permitted accessory uses.
(1) Listed accessory uses. Table 5-4, lists the allowed types of accessory uses and structures
within each zoning district. If a specific accessory use is allowed in a district, the column underneath the
district is marked with a "P. " If a specific accessory use is conditionally permitted in a district, the
column underneath the district is marked with a "C." If the accessory use or structure is not allowed in
a district, the column is shaded. If there is a reference contained in the column entitled "additional
requirements", refer to the cited section(s) for additional standards that apply to the specific accessory
use.
(2) Interpretation of unidentified accessory uses.
(a) The Community Development Department shall evaluate applications for accessory
uses that are not identified in Table 5-4 on a case-by-case basis using the following standards:
1. The definition of "accessory use" (see § 153.012 - Definitions) and the general
accessory use standards and limitations established in § 153.092(B);
2. The additional regulations for specific accessory uses established in § 153.092(D),
Specific Standards for Certain Accessory uses;
3. The purpose and intent of the base and overlay districts in which the accessory use
or structure is located;
4. Any potential adverse impacts the accessory use or structure may have on other
lands in the area as compared to other accessory uses permitted in the district; and
5. The compatibility of the accessory use or structure, including the structure in
which it is housed (if applicable), with other principal and accessory uses permitted in the district.
(b) The decision of the Community Development Department to permit or deny an unlisted
use or structure is final, but may be appealed pursuant to § 153.028(H).
2022S-3
502 Monticello - Land Usage
(3) Table of permitted accessory uses and structures.
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
A
R
R R
T
R
R
M
B B B B C I I
I
"I" = Interim
O
A
1 2
N
3
4
H
1 2 3 4 C B 1
2
Permitted
D C
Accessory building -
P
P
P P
P
P
P
P
P P P P P P P
P
§ 153.092(D)(1)
minor
Accessory building -
P
P
P P
P
PP
C
P P P P P P P
P
§ 153.092(D)(2)
major
Adult use -
C
§ 153.092(D)(3)
accessory
Agricultural
P
§ 153.092(D)(4)
buildings
Air conditioning
P
P
P P
P
P
P
P
P P P P P P P
P
§ 153.060(I)
units
Automated teller
P P P P P P P
P
§ 153.092(D)(5)
machines (ATMs)
J
Automobile repair -
C
§ 153.092(D)(6)
major
Jr
Automobile repair -
C C
§ 153.092(D)(7)
minor
Boarder(s)
PF�p
§ 153.092(D)(8)
Bulk fuel
P P P C
C
C
§ 153.092(D)(9)
sales/storage
Cocktail room
C C C C C
C
§ 153.092(D)(10)
(retail sales
accessory to micro -
distillery)
Co -located wireless
C
C
C C
C
C
C
C
C C C C C C C
C
§ 153.072(E)
telecommunications
antennae
Columbarium
P
P
P P
P
P
P
§ 153.092(D)(11)
(accessory use to
cemeteries)
2022S-3
Zoning
503
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
A
R
R
R
T
R
R
M
B B
B
B
C
I I
I
"P" = Interim
O
A
1
2
N
3
4
H
1 2
3
4
C
B 1
2
Permitted
D
C
Commercial
P P
P
P
P
P P
P
§ 153.092(D)(12)
canopies
Commercial
C
C
C
C C
C
§ 153.072(D)
transmission/
reception
antennae/ structures
Donation drop-off
P
P
§ 153.092(D)(13)
containers
Drive-through
P
P
P
C
P P
P
§ 153.092(D)(14)
services
Entertainment/
72
C
C
C
C
§ 153.092(D)(15)
recreation - outdoor
commercial
M
006.
Fences or walls
P
P
-
P
P
P
P
P
P
P P
P
P
P
P P
P
§ 153.062
Greenhouse/
P
P
P
P
P
P
P
P
P P
P
P
P
P P
P
§ 153.092(D)(16)
conservatory (non-
commercial)
Heliports
C C
C
C
C
§ 153.092(D)(17)
Home occupations
P
P
P
P
P
P
P
P
M P
MIL
P
§ 153.092(D)(18)
Indoor
P P
P
P
P
P P
P
§ 153.092(D)(19)
food/convenience
sales
Indoor storage
7777771
P P
P
P
P
P
§ 153.092(D)(20)
Incidental light
P P
P
P
P
P P
P
§ 153.092(D)(21)
manufacturing
Machinery/trucking
C
§ 153.092(D)(22)
repair & sales
Office
CC
P P
P
P
P
PNEI
none
2022S-3
504
Monticello - Land Usage
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
"P" = Interim
Permitted
A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
I
B
I
1
I
2
D
C
Off-street loading
PFP
C
P
P
P
P
P
P
P
§ 153.068
space
Off-street parking
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.067
Open sales
P
C
C
I C
I § 153.092(D)(23)
Operation and
P
§ 153.092(D)(24)
storage of
agricultural
vehicles, equipment,
and machinery
Outdoor seating -
P
P
P
P
§ 153.092(D)(25)
accessory to
restaurant, bar,
C
C
C
C
production brewery
with taproom,
PF
microdistillery with
cocktail room,
and/or brewpubs
Outdoor sidewalk
P
P
P
P
P
P
P
P
§ 153.092(D)(26)
sales & display
(businesses)
Outdoor storage
P
P
P
P
P
P
P
P
P
P
Residential
§ 153.092(D)(27)(a)
Industrial
§ 153.092(D)(27)(b)
Park facility
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.092(D)(28)
buildings &
structures (public)
Private amateur
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.072(B)
radio
Private receiving
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.072(C)
antennae and
antenna support
structures
2022S-3
Zoning
505
TABLE 5-4: ACCESSORY USES BY DISTRICT
Use Types
Base Zoning Districts
Additional
"P" = Permitted
Requirements
«C„
Conditionally
Permitted
"P" = Interim
Permitted
A
O
R
A
R
1
R
2
T
N
R
3
R
4
M
H
B
1
B
2
B
3
B
4
C
C
I
B
I
1
I
2
D
C
Retail sales of goods
P
P
P
P
P
P
C
C
§ 153.092(D)(29)
(as part of an office
or industrial use)
Shelters (storm or
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.092(D)(30)
fallout)
Sign(s)
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.092(D)(31)
Solar energy system
P
P
P
P
P
P
I"
I"
P
P
P
P
P
P
P
P
§ 153.092(D)(32)
Swimming pool
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.092(D)(33)
Taproom (retail
C
C
C
C
C
C
§ 153.092(D)(34)
sales accessory to
production brewery)
Large trash handling
P
P
P
P
P
P
P
P
P
P
P
P
§ 153.092(D)(35)
and recycling
collection area
Wind energy
C
C
C
C
C
§ 153.092(D)(36)
conversion system,
commercial
Wind energy
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C
C§
153.092(D)(37)
conversion system,
non-commercial
Wireless
C
C
C
C
C
C
C
§ 153.062(E)
telecommunications
§ 153.062(F)
support structures
(D) Additional specific standards for certain accessory uses.
(1) Accessory building -minor.
(a) Minor accessory buildings do not require a building permit, but shall comply with all
applicable zoning regulations.
2022S-3
506 Monticello - Land Usage
(b) In the M -H district, one minor accessory building for storage of equipment and refuse
is permitted for each manufactured home provided the accessory building can meet all required setbacks,
and is designed of weather resistant material that will enhance the general appearance of the lot.
(2) Accessory building - major.
(a) In all residential districts except M -H, the following shall apply:
1. Size.
a. Except by conditional use permit issued pursuant to § 153.092(D)(3)(a)1.b.
below, no detached accessory building shall exceed 10 % of the rear yard of the parcel on which it is
located, nor shall any combination of attached garage and detached accessory building exceed the
following maximum area, whichever is less:
(i) 1,200 square feet; or
(ii) The gross square footage of the principal building footprint.
b. The size limitations for accessory building area listed in
§ 153.092(D)(3)(a)1.a. above may be increased, up to a maximum square footage of 1,500 square feet,
by the issuance of a conditional use permit when the following conditions are found to exist:
(i) Accessory building space is to be utilized solely for the storage of
residential personal property of the occupant of the principal dwelling, and no accessory building space
is to be utilized for commercial purposes.
(ii) The parcel on which the accessory building is to be located is of sufficient
size such that the building will not crowd the open space on the lot.
(iii) The accessory building will not be so large as to have an adverse effect
on the architectural character or reasonable residential use of the surrounding property.
(iv) The accessory buildings shall be constructed to be similar to the principal
building in architectural style and building materials.
2. Private garages.
a. Private garages shall be used by the family or families residing upon the
premises, except as follows:
(i) One-half of the private garage spaces on the premises can be rented to
non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers,
or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere
on the property.
2022S-3
Zoning 507
(ii) All of the private garage spaces on the premises can be rented to
non-residents of the property for private passenger vehicles and/or non-commercial vehicles, trailers,
or equipment if the available garage space does not exceed two spaces.
b. No business, service, or industry shall be carried on within a private garage;
c. Private garages shall not be used for the storage of more than one commercial
vehicle owned or operated by a resident per dwelling unit.
3. Accessory buildings, major, shall be required to meet the building materials
standards as found in § 153.070(C) as applicable.
(b) In the M -H district, the following shall apply:
1. Accessory storage buildings in manufactured home parks, if not reviewed and
approved as part of a PUD, shall be conditionally permitted subject to the following additional
requirements:
a. The storage building and any accompanying outdoor storage area shall be for
the sole use of the residents of the manufactured home park and shall not be used by non-residents.
b. Accompanying outdoor storage areas shall be fully screened from surrounding
manufactured home units and adjacent properties.
(c) In all business and industrial districts, commercial or business buildings and structures
for a use accessory to the principal use is permitted provided that:
1. In all districts except I-2, such use shall not exceed 30% of the gross floor space
of the principal use.
2. In the I-2 district, such use shall not exceed 40% of the gross floor space of the
principal use.
(3) Adult use/accessory activities provided that:
(a) Activities classified as obscene as defined by M.S. § 617.241, as it may be amended
from time to time, are not permitted and are prohibited.
(b) An adult use which does not qualify as an accessory use shall be classified as an adult
use/principal.
(c) Adult use/accessory activities shall be prohibited from locating in any building which
is also utilized for residential purposes.
2022S-3
W
Monticello - Land Usage
(d) Adult use/accessory activities shall comprise no more than 10% of the floor area of
the establishment in which it is located or shall comprise an area no greater than 100 sq. ft. of floor area
in which it is located, whichever is smaller.
(e) Adult use/accessory activities shall be restricted and prohibited from access to minors
by the physical separation of such items from areas of general public access:
1. Movie rentals. Display areas shall be restricted from general view and shall be
located within a separate room, the access of which is in clear view and under the control of the persons
responsible for the operation.
2. Magazines. Publications classified or qualifying as adult uses shall be covered with
a wrapper or other means to prevent display of any material other than the publication title.
3. Other use. Adult use/accessory activities not specifically cited shall comply with
the intent of this section subject to the approval of the Zoning Administrator.
(f) Adult use/accessory activities shall be prohibited in establishments where liquor is
served.
(g) Adult use/accessory activities shall be prohibited at any public show, movie, caravan,
circus, carnival, theatrical, or other performance or exhibition presented to the general public where
minors are admitted.
(4) Agricultural buildings. Agricultural buildings shall adhere to overlay and base zoning
district requirements for maximum height, but may exceed the height of the principal structure in the
A -O zoning district.
(5) Automated teller machines. Drive -up or drive-through ATMs shall be located in a manner
that will not result in stacking of vehicles in a public right-of-way.
(6) Automobile repair -major.
(a) Door opening to service area garage must not face street frontage.
(b) All vehicles being serviced and all vehicle parts must be stored inside or in designated
vehicle storage area.
(c) Repair of all vehicles shall occur within an enclosed building.
(d) Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is
no larger than 25% of the buildable area of the lot, is located behind the front building line of the
principal structure, and is screened with a wooden fence or masonry wall in accordance with § 153.062,
Fences and Walls.
2022S-3
Zoning 509
(e) The entire site other than that taken up by a building, structure, or plantings shall be
surfaced with a material to control dust and drainage which is subject to the approval of the Community
Development Department.
(f) No conditional use permit shall be granted for an auto repair shop - major located
within 300 feet of a residential zone existing at the time the conditional use permit is granted.
(7) Automobile repair -- minor.
(a) The use shall be designed to ensure proper functioning of the site as related to vehicle
stacking, circulation, and turning movements.
(b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor
vehicle storage may be allowed in an outdoor storage area that is no larger than 25 % of the buildable
area of the lot, is located behind the front building line of the principal structure, and is screened with
a wooden fence or masonry wall in accordance with § 153.062, Fences and Walls.
(c) Vehicles not being repaired but used as a source of parts shall be prohibited unless fully
enclosed within a building or fully screened in accordance with division (b) above.
(d) Vehicles that are repaired and are awaiting removal shall not be stored or parked for
more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or
during the repair process, the vehicle may remain on site as long as is necessary after the 30 -day period,
provided the owner or operator of the establishment demonstrates steps have been taken to remove the
vehicle from the premises using the appropriate legal means.
(8) Boarders.
(a) Within the A -O zoning district, the boarding or renting of rooms shall be limited to
two persons per dwelling unit.
(b) Within the R-1 zoning district, the boarding or renting of rooms shall be limited to one
person per dwelling unit.
(9) Bulk fuel sales and storage.
(a) All accessory use bulk fuel storage must be associated with the principal activity on
the site. In Industrial Districts, accessory fuel dispensing shall not be available for sale to the public.
(b) Accessory use bulk fuel storage tank containers shall be limited to 1,000 gallons.
(c) Accessory use bulk fuel storage may not be located within the required front yard
setback.
2022S-3
510 Monticello - Land Usage
(d) Accessory use bulk fuels storage facilities shall include one shrub landscaping planting
per every ten feet of bulk fuel facility perimeter, planted in accordance with required safety clearances.
(e) Accessory use bulk fuel storage shall be setback ten feet from all property lines and
20 feet from any public right-of-way.
(f) Accessory use bulk fuel storage must include a containment structure and bollards for
tank protection per applicable fire code or other regulations.
(g) Accessory use bulk fuel storage facilities shall comply with all MPCA and State Fire
Marshal requirements, all other permit, testing and listing requirements, and all applicable codes and
standards such as NFPA 58.
(h) Accessory use bulk fuel storage facilities located within the drinking water supply
management area (DWSMA) must comply with the City Engineer's recommendations for site and
containment arrangement.
(10) Cocktail rooms. Cocktail rooms shall be conditionally permitted as accessory uses only
to a micro -distillery as a principal use and subject to those conditions found in § 153.091 for
micro -distillery.
(11) Columbarium. Accessory use to cemeteries only. Subject to the following:
(a) Columbarium structures shall set back a minimum distance of 50 feet from all lot lines
and public right-of-way.
(b) The principal use cemetery shall comply with all other applicable requirements of the
zoning ordinance, with the exception of the requirement for distance from I-94.
(c) No portion of the columbarium shall exceed height requirements for accessory
buildings in the district in which the structure is located.
(d) The columbarium shall be constructed of masonry materials for all exterior surfaces,
with architectural metals and glass for details and openings only.
(12) Commercial canopies.
(a) Canopies shall not be internally illuminated.
(b) Lighting shall be recessed and down directional.
(13) Donation drop-off containers.
(a) No more than one container shall be located on a parcel.
2022S-3
Zoning 511
(b) Be limited to one sign no more than four feet high and 16 square feet in area that
displays the name and telephone number of the party responsible for the donation container.
(c) The container shall not block access to required parking spaces or parking lot aisles.
(d) The container shall not be located within 50 feet of a dwelling.
(14) Drive-through service.
(a) In general, all drive through service lanes shall adhere to the following:
1. Service provided by the drive through facility is accessory to an interior on-site
service within the same building.
2. Drive-through facilities shall be located at least 200 feet from all residential zoning
districts except R-3 and R-4.
3. Drive-through lanes shall be designed to avoid disruption of pedestrian and
vehicular traffic flow, both on- and off-site.
4. Drive-through lanes shall not be located between the restaurant entrance and
customer parking spaces whenever possible.
5. Landscaping and other site improvements are included which screen automobile
stacking space from the public street.
6. Voice amplifiers used in conjunction with drive-thru services shall not be audible
to adjoining residential areas.
7. Minimum stacking space shall be provided per the requirements of Table 5-5:
TABLE 5-5: REQUIRED STACKING SPACES FOR DRIVE-THRUS
Use or Activity [I]
Minimum Number of Stacking
Spaces (per lane)
Measured From [2]
Automated teller machines (ATMs)
3
Teller machine
Financial institution
3
Teller window
Personal services (e.g. dry-cleaning)
4
Window
Restaurants
5
Pick-up window
Retail commercial uses (e.g.
pharmacy)
4
Window
2022S-3
512
Monticello - Land Usage
TABLE 5-5: REQUIRED STACKING SPACES FOR DRIVE-THRUS
Use or Activity [I]
Minimum Number of Stacking
Measured From [2]
Spaces (per lane)
Other
Uses not specifically listed shall have their stacking space minimums
determined by the Community Development Department based on standards
for comparable uses listed above.
[11: See Table 5-1: Uses By District, and/or Table 5-4: Accessory Uses by District
[21: Distance shall be measured from window where products are delivered when more than one window is used for the
drive through service.
(b) Drive through service within the CCD district shall adhere to the following additional
standards:
1. The principal building occupies no less than 40% of the property, exclusive of
easements devoted to public pedestrian use or other outdoor public spaces.
2. The building, site, and signage meet the standards for the "CCD" district, and
design review is conducted by the Planning Commission.
3. The proposed use demonstrates compatibility and consistency with the City's
Comprehensive Plan and Downtown Revitalization Plan.
(15) Entertainment/recreation - outdoor commercial.
(a) When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with § 153.060(G).
provided.
(b) Adequate measures to contain the proposed activity on the subject site shall be
(c) Dust and noise are controlled consistent with City Ordinance.
(16) Greenhouse%onservatory (non-commercial). Greenhouses or conservatories accessory to
residential units shall not be used for commercial purposes.
(17) Heliports. Heliports shall be limited to hospitals which require such for responding to
medical emergencies.
(18) Home occupations.
(a) Purpose. The purpose of this section is to prevent competition with business districts
and to provide a means through the establishment of specific standards and procedures by which home
occupations can be conducted in residential neighborhoods without jeopardizing the health, safety, and
general welfare of the surrounding neighborhood. In addition, this section is intended to provide a
2022S-3
Zoning 513
mechanism enabling the distinction between permitted home occupations and special or customarily
"more sensitive" home occupations so that permitted home occupations may be allowed through an
administrative process rather than a legislative hearing process.
(b) Application. Subject to the nonconforming use provision of this chapter, all occupations
conducted in the home shall comply with the provisions of § 153.092(D)(18). This section shall not be
construed, however, to apply to home occupations accessory to farming.
(c) Exempted home occupations. Daycare home facilities shall be governed by the
regulations for "group residential facilities" which are subject to the standards in § 153.091(C)(3).
(d) General provisions applicable to all home occupations. All home occupations shall
comply with the following general provisions:
1. All home occupations shall comply with the provisions of the City Code.
2. Not have substantial adverse effects or noise impacts on nearby residential
neighborhoods.
3. No equipment shall be used in the home occupation which will create electrical
interference to surrounding properties.
4. Any home occupation shall be clearly incidental and secondary to the residential
use of the premises, should not change the residential character thereof and shall result in no
incompatibility or disturbance to the surrounding residential uses.
5. No home occupation shall require internal or external alterations or involve
construction features not customarily found in dwellings except where required to comply with local and
state fire and police recommendations.
6. There shall be no exterior storage of equipment or materials used in the home
occupation, except personal automobiles used in the home occupation may be parked on the site.
7. The home occupation shall meet all applicable fire and building codes.
8. All signage on the property shall conform to requirements for residential signs in
§ 153.064.
9. No home occupation shall be conducted between the hours of 10:00 p.m. and 7:00
a.m. unless said occupation is contained entirely within the principal building and will not require any
on -street parking facilities.
10. No home occupation shall generate more traffic than one car for off-street parking
at any given point in time.
2022S-3
514 Monticello - Land Usage
11. If located in the CCD district, the home occupation must meet all requirements for
a "permitted home occupation" enumerated in § 153.092(D)(18)(e) below.
(e) Specific requirements for permitted home occupations. Permitted home occupations
may be conducted without any city approvals provided the provisions applicable to all home occupations
[§ 153.092(D)(18)(d)] and the following additional provisions are all met:
1. Employees of the business who do not reside on the premises shall be prohibited
from conducting any business activities whatsoever on the premises.
2. All permitted home occupations shall be conducted entirely within the principal
building and may not be conducted in an accessory building.
3. No customer visits to the premises shall be permitted.
4. No deliveries other than those routinely made in a residential district (U.S. Mail,
United Parcel Service, etc) shall be permitted.
5. The home occupation shall not be used as a work staging area whereby employees
report to the home occupation site to receive work assignments for working elsewhere.
(f) Specific requirements for administrative home occupations.
1. Administrative home occupations may be established only after securing an
administrative home occupation permit from the Community Development Department. Examples of
home occupations allowed by permit include: art studio, dressmaking, secretarial services, foster care,
professional offices and teaching with musical, dancing, and other instructions which consist of no more
than one pupil at a time and similar uses.
2. Administrative home occupation shall not involve any of the following: repair
service or manufacturing which requires equipment other than that which is typically found in a
dwelling; teaching which customarily consists of more than one pupil at a time; over-the-counter sale
of merchandise produced off the premises, except for brand name products that are not marketed and
sold in a wholesale or retail outlet.
3. All administrative home occupations shall comply with the provisions applicable
to all home occupations [§ 153.092(D)(18)(d)] and the following additional provisions in order to obtain
a permit:
a. No person other than a resident shall conduct the home occupation, except
where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident
assistance from no more than one person, and that this exception would not compromise the intent
outlined in § 153.092(D)(18)(a).
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Zoning 515
b. All administrative home occupations shall be conducted entirely within the
principal building and may not be conducted in an accessory building.
c. Customer visits to the home occupation shall be arranged by appointment with
no more than one customer scheduled to be on the premises at any given point in time.
d. No deliveries other than those routinely made in a residential district (U.S.
Mail, United Parcel Service, etc) shall be permitted.
e. The home occupation shall not be used as a work staging area whereby
employees report to the home occupation site to receive work assignments for working elsewhere.
(g) Specific requirements for conditionally permitted home occupations.
1. Conditionally permitted home occupations may be established only after securing
a conditional use permit subject to the requirements of § 153.028(D). Examples of conditionally
permitted home occupations include: barber and beauty services, photography studio, group lessons, saw
sharpening, skate sharpening, small appliances and small engine repair and the like.
2. All conditionally permitted home occupations shall comply with the provisions
applicable to all home occupations [§ 153.092(D)(1 8)(d)] and the following additional provisions in order
to obtain a permit:
a. No person other than a resident shall conduct the home occupation, except
where the applicant can satisfactorily prove unusual or unique conditions or need for non-resident
assistance from no more than four people, and that this exception would not compromise the intent of
§ 153.092(D)(18).
b. The home occupations shall not create a parking demand in excess of that
which can be accommodated on the premises as regulated by § 153.067, or five vehicles, whichever is
less.
c. No vehicle on the premises shall be parked closer than 15 feet from the curb
line.
d. Areas for stock -in -trade incidental to the performance of the service and
equipment other than that which is typically found in a dwelling shall be identified on a site plan, and
the applicant shall need to successfully demonstrate how such can be accommodated out of view from
neighboring properties.
(h) Inspection. The city hereby reserves the right upon issuing any home occupation permit
to inspect the premises in which the occupation is being conducted to ensure compliance with the
provisions of this section or any conditions additionally imposed.
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516 Monticello - Land Usage
(19) Indoor food/convenience sales. Indoor food/convenience sales occurring as an accessory
use shall comply with the following standards:
(a) Size. The square footage used by food sales operations, including preparation, sales,
and storage, but not including dining, shall not exceed 30% of the principal use.
(b) Location.
1. To the maximum extent practicable, food sales areas shall be internal to the
principal use they serve.
2. In residence districts, such accessory uses shall be limited to schools, colleges,
universities, hospitals, airports, bus stations, and other similar institutions permitted in the district.
(c) Entrances. Entrance to the food sales area shall be via the principal use it serves and
shall not have dedicated off-street parking areas or signage.
(20) Indoor storage.
(a) The area used for storage shall not exceed 35 % of gross floor area square footage of
the principal use.
(b) Storage shall be related to the products being sold or offered by the principal use.
(c) If located within the CCD, storage accessory uses may be located on an adjacent or
adjoining parcel within the CCD, subject to above regulations.
(2 1) Incidental light manufacturing.
(a) Light manufacturing or assembly are permitted accessory uses in all industrial zoning
districts subject to the restrictions for the primary use outlined in this chapter.
(b) Light manufacturing or assembly of products in commercial zoning districts shall only
be conducted if:
1. The manufacturing or assembly is related to the products being sold or offered by
the principal use.
2. No less that 40% of the goods manufactured or assembled as part of the accessory
use shall be sold in a retail outlet for the principal use.
3. The retail outlet for the principal use shall be used for display, consumption, sale
and other retail activity related to the goods produced by the accessory use, and such retail activity
(whether display, consumption and/or sale) must constitute a minimum of 50% of the gross floor area
of the principle use.
2022S-3
Zoning
517
4. The area used for light manufacturing or assembly activity shall not exceed 30%
of the gross floor area of the principal use.
5. The light manufacturing or assembly shall be compatible with adjacent property
owners, tenants, and civic institutions as well as proposed uses as found in the comprehensive plan.
6. The light manufacturing or assembly shall be very specific, and only be allowed
in conjunction with a specific business activity (i.e. authorization for manufacturing monuments shall
only be allowed as an accessory use to a monument shop. If the principal use changes to cell phone sales,
the accessory use of manufacturing monuments shall cease).
(22) Machinery/trucking repair and sales and industrial services.
(a) The entire site other than that taken up by a building, structure, or plantings shall be
surfaced with a material to control dust and drainage which is subject to the approval of the Community
Development Department.
(b) A drainage system subject to the approval of the Community Development Department
shall be installed.
(c) When abutting a residential use, the property shall be screened with an opaque buffer
(Table 4-2, Buffer Type "D") in accordance with § 153.060(G).
(d) Provisions are made to control and reduce noise.
(e) No other outside storage except as permitted or conditionally permitted in compliance
with § 153.092(D)(26).
(f) If the business repairs semi -trucks or other large machinery, a specific area shall be
designated for the exterior storage of the things being repaired and/or other vehicles and equipment
accessory and incidental to the vehicle or machinery being repaired or serviced.
(23) Open sales. In commercial and industrial districts where open sales is conditionally
permitted, the following standards shall apply:
(a) Outside services, sales and equipment rental connected with the principal uses is limited
to 30% of the gross floor area of the principal use. This percentage may be increased through issuance
of the conditional use permit.
(b) Outside sales areas are fenced or screened from view of residentially zoned areas and
public right-of-way in compliance with § 153.060(I).
(c) All lighting shall be in compliance with § 153.063.
2022S-3
518 Monticello - Land Usage
(d) Sales area is grassed or surfaced to control dust.
(e) Does not take up parking space as required for conformity to this chapter.
(24) Operation and storage of agricultural vehicles, equipment, and machinery. Vehicles,
equipment, and machinery being stored shall be incidental to a permitted or conditionally permitted uses.
(25) Outdoor seating - accessory to restaurant, bar, production brewery with taproom,
micro -distillery with cocktail room, and/or brewpubs.
(a) For all restaurants, restaurant/bars, production brewery with taproom, microdistillery
with cocktail room, and/or brewpubs, if the establishment (building) or outdoor seating area is located
within 300 feet of a residential zoning district, the following standards shall apply:
1. The use shall require authorization through a conditional use permit.
2. Primary access from local residential streets shall be prohibited.
(b) Restaurants, restaurant/bars, production brewery with taproom, microdistillery with
cocktail room, and/or brewpubs having outdoor seating (including, but not limited to, seating for dining
or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply
with the following standards:
1. The outdoor portions of the facility shall not operate after 10:00 p.m. unless a
special event permit for such event has been approved by the City Council. Such a permit supersedes
the provisions of City Code.
2. No noise or music shall be generated in any outdoor seating area adjacent to
residential property after 9:00 p.m.
3. The outdoor seating area shall not obstruct the movement of pedestrians along
sidewalks or through areas intended for public use.
4. Outdoor seating shall be fenced and enclosed to control access to the area, with
service only from the inside of the facility.
5. No outdoor seating area shall be located within 100 feet of any property containing
single-family, two-family, or townhouse residential units.
6. Any outdoor seating area adjacent to residential property shall be fenced and fully
screened from view of said residential property.
7. All lighting shall be hooded and light glare or reflection shall not be visible from
adjoining residential property.
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Zoning 519
8. Fences are permitted for outdoor seating areas, provided such fence maintains 50 %
opacity within front yard areas.
(26) Outdoor sidewalk sales and display. Outdoor sidewalk sales and display areas associated
with legally permitted retail uses shall:
(a) Not encroach into areas necessary for the safe ingress and egress into the retail
structure;
(b) Maintain a minimum pedestrian walkway of at least five feet in width along the front
of the display;
(c) Take place only on an improved dustless surface;
(d) May not take up required parking;
(e) The area of the site devoted to sidewalk sales and display under this section shall not
exceed 5 % of the gross floor area of the principal use. Sidewalk sales and display which exceed 5 % of
the gross floor area of the principal use may be allowed by conditional use permit.
(27) Outdoor storage.
(a) In all zoning districts, all materials and equipment, except as specifically denoted in
this chapter, shall be stored within a building or fully screened so as not to be visible from adjoining
properties except for the following:
§ 153.067.
1. Clothes line pole and wire.
2. Recreational equipment and vehicles, subject to off-street parking regulations in
3. Construction and landscaping material currently being used on the premises.
4. Off-street parking of passenger vehicles, emergency vehicles and small commercial
vehicles in residential areas, unless otherwise required to be screened according to § 153.067.
5. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage
tanks which do not exceed 1,000 gallons in capacity and shall not be located within five feet of any
property line.
6. Wood piles in which wood is stored for fuel provided that not more than ten cords
shall be stored on any property. A cord shall be four -feet by four -feet by eight -feet.
2022S-3
520 Monticello - Land Usage
7. All wood piles shall be five feet or more from the rear and side yard property lines
and shall be stored behind the appropriate setback line in front yards.
8. Solar energy systems.
9. Wind energy conversion systems.
(b) In the I-1 and I-2 districts, the following shall apply:
1. When abutting a zoning district or use other than industrial, the outdoor storage
use shall require authorization through a conditional use permit following the provisions of
§ 153.028(D).
2. The storage area shall be located within the rear yard, except that an outdoor
storage area may also include that area between the front building line and the rear yard along the
interior lot side. Storage may not be located beyond the side building line on the street side of a corner
lot. On a double -fronting lot, outdoor storage may be located in the side yard only.
3. In the I-1 District, outdoor storage shall be limited to 50% of the gross square
footage of the principal building. Storage may be increased up to 100% of the gross square footage of
the principal building by conditional use permit.
4. In the I-2 District, outdoor storage shall be limited to an area not to exceed the
gross square footage of the principal building.
5. In the I-1 District, outdoor storage areas shall meet the minimum building setback
from all side and rear property lines per the requirements of this chapter and when adjacent to zoning
districts or uses other than industrial, shall be located a minimum of 50 feet from the adjacent property
line.
6. In the I-2 District, outdoor storage shall be setback ten feet from all side and rear
property lines and when adjacent to zoning districts or uses other than industrial, shall be located a
minimum of 50 feet from the adjacent property line.
7. The area is fenced and screened from view of neighboring uses and from the public
right-of-way in compliance with this section.
a. In the I-1 district, screening shall consist of masonry walls or fencing
constructed of wood or vinyl and shall provide for 100% opacity. Such fences or walls shall meet all
other requirements of § 153.062.
b. In the I-2 District, metal fences may be permitted when the materials have
been recycled and reprocessed to resemble new building materials and are designed for use as a fencing
material, and when such materials are designed to resemble allowed materials as listed in
§ 153.062(7)(1).
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Zoning 521
c. Additional landscaping of one evergreen tree per six feet of linear fenceline
is required to be planted along the exterior of outdoor storage area in conformance with § 153.060. Trees
may be staggered along fenceline.
d. Fences and walls shall not exceed 15 feet in height as measured from the
existing grade to the top of the fence panel.
e. Height of storage may not exceed the screening wall or fence, or the height
of required landscaping.
8. Outdoor storage shall be allowed only on improved surface of asphalt or concrete.
9. Storage in shipping containers shall be prohibited unless such storage occurs within
the screened outdoor storage area.
10. There shall be no storage of hazardous waste, as defined by the Minnesota
Pollution Control Agency.
11. Exterior storage areas shall comply with all applicable fire codes and no portion
of the outdoor storage shall block access to hydrants, fire sprinklers, or other fire -fighting equipment.
12. Noise shall be controlled consistent with the standards of this chapter.
13. All lighting shall be in compliance with § 153.063.
14. Does not take up parking space as required for conformity to this chapter.
15. Outdoor storage areas shall comply with all requirements for grading, drainage,
stormwater management and erosion control per § 153.069.
(28) Park facility buildings and structures. Limitations on number and size for accessory
buildings and structures shall not apply to active or passive public park facilities.
(29) Retail sales of goods (as part of an office or industrial use).
(a) Location:
1. All sales are conducted indoors within a clearly defined area of the principal
building reserved exclusively for retail sales. Said sales area must be physically segregated from other
principal activities in the building.
2. The retail sales area must be located on the ground floor of the principal building.
(b) Sales area. The retail sales activity shall not occupy more than 15 % of the gross floor
area of the building.
2022S-3
522 Monticello - Land Usage
(c) Access. The building where such use is located is one having direct access to a collector
or arterial level street without the necessity of using residential streets.
(d) Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The provisions of this
section are considered and satisfactorily met.
(30) Shelters (storm or fallout). Storm and fallout shelters shall not alter the character of the
premises with respect to the primary use as permitted in the district.
(31) Sign(s). All signs within the city shall comply with the finishing standards contained in
§ 153.064, Signs.
(32) Solar energy systems.
(a) All solar energy systems.
1. All solar energy systems shall be operable and maintained in good repair.
2. Solar energy systems shall meet all required setbacks and height requirements of
the underlying zoning district.
3. Solar energy systems shall be an integral part of the structure to which they are
attached.
4. As a means of evidencing existing solar access conditions prior to installation, the
owner of a solar energy system may file notarized photographs of the subject area with the Community
Development Department prior to installation of said system.
5. Solar energy systems shall be allowed on roofs of principal and accessory
buildings, provided other requirements of this section are met.
6. Solar energy systems shall be designed to minimize glare with adequate screening
and/or coatings, as appropriate.
7. Solar energy systems shall be located in such a way as to be screened from
visibility of the public right-of-way, or shall be integrated into the architecture of the structure so as to
be visually inconspicuous.
8. Ground -mounted solar energy systems shall be located only in the rear yard of
residential property, and shall not occupy an area more than 20 % of the size of the perimeter foundation
of the principal building.
2022S-3
Zoning
523
(b) Solar energy systems in Business (B) and Industrial (I) districts and the CCD District.
1. Solar energy systems in the B, I, and CCD Districts shall comply with the
provisions of § 153.092(D)(31)(a)l. through 4.
2. Roof -mounted solar energy systems in these districts shall be allowed as permitted
accessory uses on principal and accessory buildings, provided such systems do not extend more than six
feet above the height of the roof where they are mounted.
3. Ground mounted solar energy systems in these districts shall be allowed by
conditional use permit, and together with accessory buildings, shall not exceed an area of any parcel
greater than that allowed for accessory buildings in the applicable zone.
4. Ground mounted solar energy systems in these districts shall be allowed only when
the property owner can show that roof -mounted systems are not feasible due to building structural issues.
(33) Swimming pools.
(a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24 inches in depth
must be fenced in accordance with the provisions of § 153.092(D)(32)(b) below.
(b) Residential swimming pool fences shall be constructed as follows:
1. Residential swimming pool fences must be at least 48 inches in height. The fence
must not permit the passage of a four -inch sphere through openings in the fence. Fences must be
constructed of durable, corrosion- and decay- resistive materials. Openings below the fence to grade
must not exceed four inches.
2. Where an above -ground pool structure has walls that are at least four feet in
height, the pool wall may serve to meet the fencing requirements; however, the access to the pool must
provide equivalent protection to prevent unauthorized entry.
3. Fences for swimming pools must include a self-closing, self -latching device on all
gates. Latches must be installed at least three feet six inches above grade. Gates must not exceed four
feet in width and must meet the same construction requirements as fences. You must provide temporary
fencing during installation if your yard is not fenced. Building permits are required for fences exceeding
six eet in height.
(c) Commercial swimming pool fences shall be not less than five feet in height and
constructed as required by the Minnesota Department of Health.
(d) In addition to the requirements above, all swimming pools shall adhere to the City
Code requirements for swimming pools outlined in City Code.
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524 Monticello - Land Usage
(34) Taprooms. Taprooms shall be conditionally permitted as accessory uses only to production
brewery as a principal use and subject to those conditions found in § 153.091.
(35) Trash handling and recycling collection area.
following:
(a) Multiple -family structures with more than four dwelling units shall adhere to the
1. All large trash handling and recycling collection area(s) shall be:
a. Located within the principal structure and be totally screened from public view
by the principal building; or
b. Be stored within an accessory structure constructed of building materials
compatible with the principal structure, enclosed by a roof, and readily served through swinging doors.
2. Compactors that are attached to the principal structure shall be totally screened
from eye level view from public streets and adjacent properties by a screening wall constructed of the
same building material as the principal structure.
(b) Trash handling and recycling collection area(s) serving commercial and industrial uses
shall be subject to the following standards:
1. Depicted on site plans. The location and configuration of screening for large trash
handling and recycling collection areas shall be depicted on all required landscaping plans.
2. Screening configuration.
a. Large trash handling and recycling collection areas shall be fully screened
from adjacent properties.
b. In cases where access to large trash handling and recycling face a public
right-of-way, the access way shall be screened with an opaque gate. Chain link shall not be used for such
gates.
c. Compactors that are attached to the principal structure shall be totally screened
from eye level view from public streets and adjacent non -industrial properties by a screening wall
constructed of the same building material as the principal structure.
3. Setbacks.
a. Large trash handling and recycling shall meet the required setbacks for
structures as required in the underlying zoning district.
2022S-3
Zoning 525
b. In all cases, large trash handling and recycling collection areas shall be at least
six feet from a side or rear lot line, and shall not be located within front yards or corner side yards.
4. Design materials. If a wall or detached accessory structure is used to screen or
define a large trash handling and recycling collection area, the building materials used for the wall or
accessory structure shall be compatible with the principal structure and be readily served through
swinging doors.
5. Ground surface requirements. Areas intended for large trash handling and
recycling collection areas shall be surfaced with concrete that meets or exceeds minimum city standards.
6. Drainage. Eating establishments and other uses that produce significant amounts
of liquid waste shall configure areas intended for large trash handling and recycling collection areas to
drain to the sanitary sewer system through grease traps or similar devices as required by the Community
Development Department.
(36) Wind energy conversion system - commercial. All commercial WECS systems shall adhere
to the requirements of § 153.071.
(37) Wind energy conversion system - non-commercial.
(a) Non-commercial WECS systems shall have a total height of less than 200 feet.
(b) All non-commercial WECS systems shall adhere to the requirements of § 153.071.
§ 153.093 TEMPORARY USES.
(A) Purpose. This section allows for the establishment of certain temporary uses of limited duration
and special events, provided that such uses comply with the standards in this division and are
discontinued upon the expiration of a set time period. Temporary uses and special events shall not
involve the construction or alteration of any permanent building or structure.
(B) Permit required. Temporary uses and structures that require a permit shall be reviewed in
accordance with the process outlined in § 153.028(L), Temporary Use Permits; and if a building permit
is also necessary, in accordance with § 153.028(I), Building Permits.
(C) General standards for temporary uses. Temporary uses, structures, or events shall comply with
the following:
(1) Obtain the appropriate permits (as required);
(2) Not be detrimental to property or improvements in the surrounding area or to the public
health, safety, or general welfare;
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526 Monticello - Land Usage
(3) Be compatible with the principal uses taking place on the site;
(4) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods;
(5) Not include permanent alterations to the site;
(6) Meet all the setbacks of the underlying base and overlay zoning districts, unless expressly
stated otherwise in this chapter;
(7) Temporary signs permitted under the code and associated with the use or structure shall be
removed when the temporary activity ceases;
(8) Not violate the applicable conditions of approval that apply to a site or use on the site;
(9) Not interfere with the normal operations of any permanent use located on the property; and
(10) Contain sufficient land area to allow the temporary use, structure, or special event to
occur, as well as adequate land to accommodate the parking and traffic movement associated with the
temporary use, without disturbing environmentally sensitive lands.
(D) Table of allowed temporary uses and structures. Table 5-6 summarizes allowed temporary uses
and structures and any general or specific standards that apply. Temporary uses or structures not listed
in the table are prohibited.
TABLE 5-6: TEMPORARY USES AND STRUCTURES
Temporary Use or
Allowable Duration (per site)
Permit(s)
Additional
Structure
Required
Requirements
Temporary Structure
Construction dumpster (on
Until issuance of certificate of occupancy or
Yes
§ 153.093(E)(1)(a)
public ROW/property)
two days following expiration or finaling of
a building permit
Construction dumpster (on
30 days without a building permit
No
§ 153.093(E)(1)(b)
private property)
Construction trailer
Until issuance of certificate of occupancy
Yes
§ 153.093(E)(2)
Mobile food units
See §§ 112.25 through 112.29
Recreational vehicle use
1 month
Yes
§ 153.093(E)(3)
Real estate office/model
Until 85 % occupancy of the phase is
Yes +
§ 153.093(E)(4)
sales home
reached
building
permit
Temporary mobile cell site
30 days
Yes +
§ 153.093(E)(5)
building
permit
2022S-3
Zoning
527
TABLE 5-6: TEMPORARY USES AND STRUCTURES
Temporary Use or
Structure
Allowable Duration (per site)
Permit(s)
Required
Additional
Requirements
Temporary Structure (cont' d)
Temporary sign
120 days per year
Yes
§ 153.064(I)
Temporary storage in a
portable container
See § 153.093(E)(6)
Yes
§ 153.093(E)(6)
Tents, canopies, tarp
garages, and hoop
buildings
30 days per year
Yes
§ 153.093(E)(7)
Temporary Sale
Farmer's market
Continuous; up to 5 months per year on a
single site
Yes
§ 153.093(E)(8)
Garage/yard sale
4 days per event; 3 events total per calendar
year
No
§ 153.093(E)(9)
Seasonal sales
60 days per permit; 120 days per calendar
year maximum term
Yes
§ 153.093(E)(7) and
§ 153.093(E)(11)
Temporary merchant
See City Code
Wayside stands
See City Code
Special Events
Special events
See City Code
(E) Specific standards for temporary uses.
(1) Construction dumpster.
(a) The placement of a temporary construction dumpster or other trash receptacle within
a public right-of-way or other site owned by the city shall be subject to standards in the Monticello City
code as may be applicable.
(b) Temporary trash receptacles or dumpsters located outside public rights -of way are not
required to obtain a temporary use permit, but shall comply with the following standards:
Be located to the side or the rear of the site, to the maximum extent practicable;
2. Be located as far as possible from lots containing existing development;
2022S-3
528
3
4
area;
5
existing trees; and
6
is
Monticello - Land Usage
Not be located within a floodplain or otherwise obstruct drainage flow;
Not be placed within five feet of a fire hydrant or within a required landscaping
Be located outside of any required tree protection fencing and the dripline of
Be secured with a cover to prevent litter and debris from escaping the dumpster.
(2) Construction trailer.
(a) Construction trailers may be permitted on a construction site provided that the trailer
1. Approved by the Community Development Department for location, safety, and
compatibility with adjacent properties;
2. Located on the same site or in the same development as the related construction;
3. Not located within a required landscape area; and
4. Associated with development for which a valid building permit has been or will
be issued.
(b) The applicant shall be required to restore the trailer site to its previous condition if the
trailer is located off the construction site.
(3) Recreational vehicle use.
(a) A recreational vehicle owned by a non-resident, guest, or visitor may be parked or
occupied by the guest or visitor on private property containing a permanent dwelling unit for a period
not to exceed 30 days while visiting the resident of the property.
(b) The recreation vehicle shall have self-contained sanitary facilities or standard on-site
facilities as required by the Community Development Department.
(c) The parking location of a recreational vehicle shall adhere to the requirements of
§ 153.067, Off -Street Parking.
(4) Real estate sales office/model sales home. One temporary real estate sales office or model
sales home per builder or developer shall be permitted in a section or phase of a new residential or
nonresidential development provided the office or model home:
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Zoning 529
(a) Is aesthetically compatible with the character of surrounding development in terms of
exterior color, predominant exterior building materials, and landscape;
(b) Complies with the applicable standards in the approved development plan (if
applicable);
(c) Is operated by a developer or builder active in the same phase or section where the use
is located; and
(d) Is removed or the model home is converted into a permanent residential use once 85 %
occupancy in the section or phase of the development is reached.
(5) Temporary mobile cell site.
(a) A temporary mobile cell site may be erected after issuance of a building permit in the
case of equipment failure or testing, or for an interim period (limited to 30 days) after a conditional use
permit for a permanent cell site is approved.
(b) Temporary mobile cell sites shall be removed within 72 hours following completion
of testing, the installation of the permanent tower, or resolution of equipment failure.
(6) Temporary storage in a portable shipping container. Temporary storage in a portable
shipping container shall be permitted to serve an existing use subject to the following standards.
(a) For residential uses, a portable shipping container shall not be located:
1. On a lot without prior approval from the Community Development Department;
2. In a required front yard;
3. Within ten feet of any lot line or structure;
4. In a manner that impedes ingress, egress, or emergency access; and
5. On an individual parcel or site for more than 30 total days over any one-year
period.
(b) For commercial, industrial or civic uses, portable shipping containers shall not be
located:
1. On a lot without prior approval from the Community Development Department;
2. Within ten feet of any lot line or structure;
2022S-3
530 Monticello - Land Usage
3. In a manner that impedes ingress, egress, or emergency access; and
4. On an individual parcel or site for more than 30 total days over any one-year
period unless associated within an active building permit. Successive 30 day permits without additional
fee may be authorized until a certificate of occupancy is issued.
(7) Tents, canopies, tarp garages, and hoop buildings. Tents, canopies, tarp garages, and hoop
buildings or similar membrane structures shall:
(a) Obtain a building permit from the Community Development Department;
(b) Maintain a minimum clearance of 20 feet from all other structures and tents;
(c) Not exceed more than two on a single parcel (the Community Development Department
may approve more than two as a part of a special event on a single parcel of 20 or more acres in size);
(d) Not be erected for more than a total of 30 days in any calendar year with the exception
of those uses with valid permits issued under § 153.093(E)(8) through (11);
(e) Be limited to a maximum of three occurrences per parcel per year;
(f) Not be placed within required landscape areas;
(g) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation;
and
(h) The lot or site shall be restored to its original condition within two days of removal
of the tent, canopy, tarp garage, or hoop building.
(8) Farmer's market. Farmer's markets shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural products;
(b) Provide adequate ingress, egress, and off-street parking areas;
(c) Not reduce minimum parking areas below the minimum required for the property under
the City Code;
(d) Not be located with any right-of-way;
(e) Renew all applicable temporary use permits annually;
(f) Be subject to the sign standards in § 153.064, Signs;
2022S-3
Zoning
(9) Garage/yard sales.
(a) Garage or yard sales shall:
1. Be limited to a maximum of three per dwelling per year;
2. Not exceed a maximum duration of four consecutive days per sale;
3. Occur only between the hours of 7:00 a.m. and 9:00 p.m.;
531
4. Not place items for sale, signs or other advertising within the public right-of-way,
or impede the passage of traffic on streets in the area of the sale;
5. Conduct vehicle parking in accordance with the standards in this chapter and any
other applicable city requirements;
6. Not negatively affect neighboring properties in terms of noise, trash, parking, or
impede the flow of traffic on nearby streets;
7. Not permit loud or boisterous conduct on the premises;
8. Not allow unsold items or other sale -related materials to remain in public view
following conclusion of the sale; and
9. Remove all sale related signage immediately upon conclusion of the sale.
(b) The owner and/or tenant of the premises on which a sale is conducted, shall be
responsible for the maintenance of good order and decorum on the premises during the hours of the sale.
(10) Wayside stands. A wayside stand shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural products;
(b) Not exceed 750 square feet in area;
(c) Not be located with any right-of-way;
(d) Be authorized in writing by the landowner if conducted on property not owned by the
operator of the wayside stand;
(e) Not operate for more than three days per site in any given week;
(f) Not reduce available parking areas below that which is required by code;
2022S-3
532 Monticello - Land Usage
(g) Provide adequate ingress, egress, and off-street parking areas; and
(h) Be subject to the sign standards in § 153.064, Signs.
(11) Seasonal sales. Seasonal sales shall:
(a) Be authorized in writing by the property owner if conducted on property not owned
by the seasonal sale operator;
(b) Not be located within any right-of-way;
(c) Not reduce available parking areas below that which is required by code;
(d) Provide adequate ingress, egress and off-street parking areas; and
(e) Be subject to the sign standards in § 153.064.
NONCONFORMITIES
§ 153.105 PURPOSE.
It is the purpose of this chapter to provide for the regulation of nonconforming buildings, structures,
and uses and to specify those requirements, circumstances, and conditions under which nonconforming
buildings, structures, and uses will be operated and maintained. The zoning ordinance establishes
separate districts, each of which is an appropriate area for the location of uses which are permitted in
that district. It is necessary and consistent with the establishment of these districts that nonconforming
buildings, structures, and uses not be permitted to continue without restriction. Furthermore, it is the
intent of this chapter that all nonconforming uses shall be eventually brought into conformity.
§ 153.106 AUTHORITY TO CONTINUE.
(A) Legally conforming existing structures and uses in existence on the effective date of this chapter
as denoted in § 153.004 which become nonconforming to this chapter shall be considered legally
nonconforming and shall be treated as follows:
(1) A use which is no longer permitted due to a change in zoning shall be considered a legally
nonconforming use subject to all conditions for such use as outlined in this chapter, and shall not be
expanded, except that legally nonconforming owner -occupied residential uses may be expanded to
improve livability, provided the expansion meets all other applicable conditions of the zoning district in
which the residential use is located and does not increase any existing nonconforming condition on the
property, including the number of residential units in a building.
2022S-3
Zoning 533
(2) A structure which becomes nonconforming to a required setback or setbacks shall be viewed
as a legally nonconforming structure.
(B) With the exception of structures and uses that meet the requirements of § 153.107(A), any
structure or use lawfully existing upon the effective date of this chapter as denoted in § 153.004 may not
be expanded, but may be continued—including through repair, replacement, restoration, maintenance,
or improvement—unless:
(1) The nonconformity or occupancy is discontinued for a period of more than one year; or
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater than 50%
of its estimated market value, as indicated in the records of the county assessor at the time of damage,
and no building permit has been applied for within 180 days of when the property is damaged. In this
case, a municipality may impose reasonable conditions upon a zoning or building permit in order to
mitigate any newly created impact on adjacent property or water body. When a nonconforming structure
in the shoreland district with less than 50% of the required setback from the water is destroyed by fire
or other peril to greater than 50 % of its estimated market value, as indicated in the records of the county
assessor at the time of damage, the structure setback may be increased if practicable and reasonable
conditions are placed upon a zoning or building permit to mitigate created impacts on the adjacent
property or water body.
(3) Notwithstanding division (B)(2) above, any nonconforming use located in the floodplain
overlay district that is destroyed by fire or other peril to the extent of greater than 50% of its market
value, as determined by the Community Development Department, shall be regulated to the extent
necessary to maintain eligibility in the National Flood Insurance Program, and in no case shall be
continued or re-established in a manner that results in potential flood damage or obstructs flood flows
in the floodway (see M.S. § 462.357(1)(e), as it may be amended from time to time).
(C) Nothing in this chapter shall prevent the placing of a structure in safe condition when said
structure is declared unsafe by the Building Inspector.
(D) No nonconforming building, structure, or use shall be moved to another lot or to any other part
of the parcel of land upon which the same was constructed or was conducted at the time of this chapter
adoption unless such movement shall bring the nonconformance into compliance with the requirements
of this chapter.
(1) Public improvement project exception. When a condition of private property is rendered
nonconforming by the action and/or project of a municipal, county, or state agency, such that as a part
of said project, the agency acquires land or property rights affecting the use or conformity of any
previously approved condition, the Community Development Department may conduct a site plan review
of the resulting property. Where the property under review is subject to a conditional use permit or
Variance, or where the property would otherwise require a variance as a result of the review, the city
shall provide written notice to abutting property owners no less than ten days prior to final approval.
Upon such review, the Community Development Department may issue an approval for the affected
2022S-3
534 Monticello - Land Usage
private improvements or the relocation of private improvements to another part of the subject property,
or another abutting parcel under the control of the affected property owner, without requiring review as
a variance, conditional use permit, or other zoning review and approval of either the Board of
Adjustment and Appeals or the City Council. In such cases, the following requirements shall apply:
(a) The Community Development Department finds that no reasonable alternative exists
to accommodate the continuation of the use on the property without the use of this exception clause.
(b) If private improvements are relocated to an abutting parcel, the owner shall execute
and record an easement between the two parcels authorizing the use. In this case, the prohibition against
an accessory use on a parcel without a principal use is specifically waived for this purpose.
(c) In cases other than those affected by the public improvement and approved under this
section, the relocated private improvements, whether relocated to the same parcel or an abutting parcel,
shall be constructed according to all applicable zoning regulations.
(d) The affected private improvements or relocated private improvements shall be
considered conforming as of the date of the relocation or acquisition of land or property rights. Said
private improvements shall be subject to nonconformity regulations as any other conforming condition
if subsequent alterations to the zoning regulations affect such improvements.
(e) The Community Development Department shall cause a description of the site plan
approval to be recorded against the applicable property or properties, certifying the approval of the
condition in question.
(E) A lawful nonconforming use of a structure or parcel of land may be changed to lessen the
nonconformity of use. Once a nonconforming structure or parcel of land has been changed, it shall not
thereafter be so altered to increase the nonconformity.
(F) Normal maintenance of a building or other structure containing or related to a lawful
nonconforming use is permitted, including necessary non-structural repairs and incidental alterations
which do not physically extend or intensify the nonconforming use.
(G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful
nonconforming sign includes repair or maintenance of existing lettering done without changing the form
or design of the lawful nonconforming sign.
(H) Alterations may be made to a building containing or related to a lawful nonconforming
residential unit when said alteration will improve the livability thereof, provided the alteration will not
increase the number of dwelling units. In the B-4 zone, alterations or expansion may be made to a
building containing or related to a lawful nonconforming residential unit when said alteration or
expansion will improve the livability thereof, provided the alteration or expansion will not increase the
number of dwelling units and provided that such alteration or expansion shall not constitute more than
50% of estimated market value. Said value shall be determined by City or County Assessor. All
2022S-3
Zoning 535
adjoining property owners and the Monticello EDA shall be provided notice of plans to expand
nonconforming residential structure. Expansion may occur only after completion of a 30 -day notice
period.
§ 153.107 DISCONTINUANCE.
(A) A nonconforming use shall not be reestablished after discontinuance of the use for a period of
one year or more.
(B) Efforts to renovate or repair the use as allowed in § 153.107 are not considered discontinuance,
provided all appropriate permits and/or development approvals are obtained, and provided the renovation
or repair is completed within one year from commencement of repair or renovation, and the use is
re-established within one month from the time the renovation or repairs are completed. Failure to
complete the repairs or renovation within one year or to reestablish the use within one month following
repairs or renovation shall constitute discontinuance, and a nonconforming use shall not be
re-established.
§ 153.108 CHANGE IN USE
When any lawful nonconforming use of any structure or land in any district has been changed to a
conforming use, it shall not thereafter be changed to any nonconforming use.
§ 153.109 BUILDING PERMITS AND ORDINANCE AMENDMENTS.
Any proposed structure which will, due to an ordinance amendment, become nonconforming but
for which a building permit has been lawfully granted prior to the effective date of a new ordinance
taking effect, may be completed in accordance with the approved plans provided construction is started
within 60 days of the effective date of the applicable ordinance, is not abandoned for a period of more
than 120 days, and continues to completion within two years. Such structure and use shall thereafter be
a legally nonconforming structure and use.
§ 153.110 EXISTING NONCONFORMING LOTS.
(A) Required merger of common ownership lots.
(1) Except as may otherwise be provided for in this chapter, when a group of two or more
contiguous lots or parcels of land are owned or controlled by the same person, the following shall apply:
(a) If all lots are conforming to lot width, area and frontage requirements, all lots may
remain separate parcels;
2022S-3
536 Monticello - Land Usage
(b) If one or more of the contiguous lots or parcels of land do not conform to either lot
width, area, or frontage requirements, than:
1. Such nonconforming lots shall not be sold or developed as a separate parcel of
land; and
2. Such nonconforming lots shall be combined with adjacent lots or parcels under the
same ownership or control so that the combination of lots or parcels will equal one or more lots each
meeting the full lot requirements of this chapter or will lessen the existing nonconformity.
(2) The combination of lots shall be in accordance with the City Code.
(B) Vacant or redeveloped lots. With the exclusion of parcels within the Floodplain Overlay District
established in § 153.046(C), legal, nonconforming, vacant lots of record may be developed for
single-family detached dwellings upon approval of a building permit under the following conditions:
(1) Legally established. The lot in question was legally established in accordance with
requirements of this code existing at the time of its creation and is a separate, distinct tax parcel.
district.
(2) Allowed use. Single-family residential dwellings are an allowed use within the base zoning
(3) Minimum lot size.
(a) Sewered lots. A legal nonconforming lot having direct access to municipal sewer, as
determined by the Community Development Department, shall be considered buildable provided
measurements for lot area and lot width either meet minimum requirements or are within 66% of the
requirement of the base zoning district.
(b) Unsewered lots. A legal nonconforming lot not having access to municipal sewer shall
be considered unbuildable.
(4) Access. The lot in question has frontage on and will directly access an improved public
street.
(5) Health concerns. Public health concerns (potable water and sanitary sewer) can be
adequately addressed.
(6) Setback and yard requirements. The setback and yard requirements of the base zoning
district can be achieved.
(7) Shoreland requirements. If the parcel is located within the Shoreland Overlay District,
development of the lot shall not result in more than 25% of the lot being covered with impervious
surfaces.
2022S-3
Zoning 537
(C) Developed lots. An existing conforming use on a lot of substandard size and/or width may be
expanded or enlarged if such expansion or enlargement meets all other provisions of this chapter.
ENFORCEMENT
§ 153.120 PURPOSE.
This subchapter establishes procedures through which the city seeks to ensure compliance with the
provisions of this chapter and obtain corrections for chapter violations. It also sets forth the remedies
and penalties that apply to violations of this chapter. The provisions of this subchapter are intended to
encourage the voluntary correction of violations whenever possible.
§ 153.121 COMPLIANCE REQUIRED.
(A) In general. Compliance with all the procedures, standards, and other provisions of this chapter
shall be required by all persons owning, developing, managing, using, or occupying land or structures
in the city.
(B) Approvals required. All persons shall obtain all necessary building permits and/or development
approvals required by this chapter prior to development.
§ 153.122 VIOLATIONS.
(A) Failure to comply with this chapter or term or any condition of approval constitutes a violation.
Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this chapter,
or the terms or conditions of any permit or other development approval or authorization granted in
accordance with this chapter shall constitute a violation of this chapter. Examples of violations include
but shall not be limited to the following:
(1) Develop land without first obtaining all appropriate permits or development approvals, and
complying with all applicable terms and conditions.
(2) Occupy or use land or a structure without first obtaining all appropriate permits or
development approvals, and complying with all applicable terms and conditions.
(3) Engage in any development or other activity of any nature in any way inconsistent with a
permit or development approval, or other form of authorization granted for such activity by the city.
2022S-3
538 Monticello - Land Usage
(4) Violate, by act or omission, any term, condition, or qualification placed by the city upon
a required permit, certificate or other form of authorization granted by the city to allow the development
or other activity upon land.
(5) To alter, maintain, or use any building or structure or to use any land in violation of any
provision of this chapter.
(6) Install, create, erect, alter, or maintain any sign without first obtaining the appropriate
permits or development approvals, and complying with their terms and conditions.
(7) Create, expand, replace, or change any nonconformity, except in accordance with this
chapter.
(8) Reduce or diminish the requirements of use, development, or dimensional standards below
the minimum required by this chapter.
(9) Through any act or omission, fail to comply with any other provisions, procedures, or
standards, as required by this chapter.
(10) To continue any of the above -stated violations.
(B) Development shall adhere to approved plans. Permits or development approvals issued by a
decision-making body authorize only the use, density or intensity, location, design, and/or development
set forth on the plans reviewed in issuing such permits or development approvals. Development that
differs from that which was approved by a decision-making body in a permit or development approval
is a violation of this chapter.
§ 153.123 RESPONSIBLE PERSONS.
The owner, tenant, or occupant of any land or structure, or an architect, engineer, builder,
contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a
situation that constitutes a violation of this chapter may be held responsible for the violation and subject
to the remedies and penalties set forth in this chapter.
§ 153.124 ENFORCEMENT GENERALLY.
(A) Responsibility for enforcement. The Community Development Department shall be responsible
for enforcing the provisions of this chapter.
(B) General inspections.
2022S-3
Zoning 539
(1) Any member of the Community Development Department may enter upon land or inspect
any structure to ensure compliance with the provisions of this chapter provided permission has been
granted by one of the following:
(a) An owner of the property in question;
(b) A licensee of the business being inspected;
(c) A resident of a dwelling on the property being inspected; or
(d) Any other person in control of the premises.
(2) If the owner, licensee, resident, or other person in control of a premises objects to the
inspection of or entrance to the property, the Community Development Department may petition a court
of competent jurisdiction for a search warrant to authorize entrance to the property. Such a warrant shall
only be used to determine whether the provisions of this chapter are being complied with and to enforce
this chapter. No criminal charges shall be made as a result of the warrant. No warrant shall be issued
unless there is probable cause to issue the warrant. Probable cause occurs if the search is reasonable.
Probable cause does not depend on specific knowledge of the condition of a particular property.
(3) Every owner, licensee, resident, or other person in control of a premises within the city
shall permit at reasonable times inspections of or entrance to the property by the Community
Development Department to determine whether the provisions of this chapter are being complied with
and to enforce this chapter. Unreasonable refusal to permit the inspection of or entrance to the property
shall be grounds for termination of any and all permits, licenses or city service to the property. Mailed
notice shall be given to the owner, licensee, resident or other person in control of the property, stating
the grounds for the termination, the scheduled date of termination, and the right to appeal in accordance
with § 153.028(H), Appeal of Administrative Decisions.
(4) Nothing in this section shall be construed to limit the authority of the city to enter private
property in urgent emergency situations where there is an imminent danger in order to protect the public
health, safety and welfare.
(C) Complaints regarding violations. Any person may notify the Community Development
Department of a suspected violation of this chapter. In registering a complaint, the complaining party
shall state fully the cause and/or basis of the alleged violation. The identity of individuals registering
complaints shall remain confidential as required by M.S. § 13.44, as it may be amended from time to
time.
(D) Investigation of complaints. Upon learning there is a potential violation of this chapter, a
member of the Community Development Department may conduct a general inspection to determine
whether a violation of this chapter exists.
2022S-3
540
(E) Notice of violations.
Monticello - Land Usage
(1) On finding that a violation of this chapter exists, the Community Development Department
shall provide written notification of the violation to the owner of the property on which the violation
exists and the person causing or maintaining the violation. The notification shall be delivered by personal
service or by certified mail with a return receipt requested. The notice of violation shall:
(a) Describe the location and nature of the violation;
(b) State the actions necessary to abate the violation;
(c) Order that the violation be corrected within a specified reasonable time period not to
exceed 30 days after receipt of the notice of violation;
(d) State what course of action is intended if the violation is not corrected with the
specified time limit; and advise the alleged violator(s) of their right to appeal the notice of violation to
the Board of Adjustment and Appeals in accordance with § 153.028(H).
(2) On receiving a written request for extension of the time limit for correction specified in the
notice of violation, the Community Development Department may, for good cause shown, grant a single
extension of the time for up to 30 days.
(3) If the owner of the property cannot be located or determined, the Community Development
Department shall post a copy of the notice of violation on the building, structure, sign, or site that is the
subject of the violation. In such a case, the time limit for correction of the violation shall be deemed to
begin five days after the notice is posted.
(F) Application of penalties.
(1) On determining that the violator has failed to correct the violation by the time limit set forth
in the notice of violation, or any granted extension thereof, or has failed to timely appeal the notice of
violation, the Community Development Department shall take appropriate action, as provided in
§ 153.999, to correct and abate the violation and to ensure compliance with this chapter.
(2) Each day a violation continues is a separate offense.
(G) Emergency enforcement without notice. On determining that delay in correcting the violation
would pose a danger to the public health, safety, or welfare, the Community Development Department
may seek immediate enforcement without prior written notice by invoking any of the remedies or
penalties listed in § 153.999.
2022S-3
Zoning
§ 153.999 PENALTY.
541
(A) If the responsible person to whom the notice of violation was directed fails to comply with the
applicable provisions of this chapter, that person is guilty of a misdemeanor, and upon conviction
thereof, shall be fined not more than $300 for each offense or imprisoned for not more than 90 days or
both.
(B) The city may also enforce any provision of this chapter by mandamus, injunction, or any other
appropriate remedy in any court of competent jurisdiction.
(C) A person who knowingly makes or submits a false statement or document in connection with
an application or procedure required by this chapter is guilty of a misdemeanor.
(D) A person who violates, fails to comply with or assists, directs or permits the violation of a
performance standard required by this chapter must reimburse the city or its agent for the actual costs
of the tests, measurements or other procedures necessary to demonstrate that violation.
2022S-3
542 Monticello - Land Usage
M.S. Cites Code Section
Ch. 12 35.09
12025 33 001 33.04
12037 33.06
Ch. 13 31.41
13.37 153.072
13.44 153.124
14.57 through 14.62 110.101
14.69 110.101
15.73, subd. 3 94.03
15.99 153.028
15.99, subd. 3(a) 153.027
16B.70 150.04
18G.13 92.50
65B .48, subd. 5 71.03
84.81 et seq. 71.01
84.87, subd. 1 71.03
84.92, subd. 8 71.02
84.922 71.03
n An� n t 9 1 n 1 nr4
�4 . yLz5, SunCI 1 / 1. VJ
93.44 through 93.51 153.012, 153.046
97B.02.1_ 112.08
r �'e� i A e i 1 r %
/tS,U43 11G.V
Ch. 103B 53.01; 153.069
Ch. 103F 153.046
103F.301 et seq. 153.046
Ch. 103E 153.046
103 G . 005 , subd. 15 1534012
103G00059 subd. 15a 153.012
103G.201 153.012
103G.221 et seq. 153.046
i
03 G . 245 15 3.046
103 G O 3115 subd. 2 1530046
103GO3115 subd. 6 153.046
103 G . 311, subd. 7 1530046
Ch. 115 52.002
115.011 subd. 5 52.002
150039 subd. 5c 1530069
115.07 52.002
on icVMS ell' .
�'
115.061
Ch. 116
116D . 04 through 116D.045
Ch. 134
Ch. 147
Ch. 148
Ch . 150A
152.01 through 152.027
152.02
157.155 subd. 9
157.15 , subd. 12
157.1691 subd. 1
161.465
Ch. 168
Ch. 169
Ch. 169.011, subd. 42
Ch. 169.011, subd. 44
Ch. 169.011, subd. 52
169.999
169A . 20
Ch. 171
Ch. 176
1
PMT / n 1 1
Mull,9 !1 9 ___ L
1 su7_ 9
u. , cliiasC_ O
176.182
Ch. 182
2118=035
2168.02
216B . 02, subd. 4
216B .02, subd. 6
Ch. 216D
216D .O1 through 216D.09
216D . 04, subd. 3
Ch. 216E
�` 7 ,l
GJ/.
237.162
237.162, subd. 4
237.1_63
237.163, subd. 2(b)
237.163, subd. 5
237.163 , subd. 6
237.19
2022 �-3
C'OUV OuCti®12
153.069
52.002
153.027
32.025
117.04
117.04
117.04
112.08
35.26
112.26
116.01
116.01
34.05
70.35,
70
70.01,
/U.UL
70.02
70.02
.37, 71.01
70.99, 71.01
10.98
71.04
70.365 70.37
30.12
JV.1G
116.05
34.02
1J
153.064
94.03
94.03
94.03
94.05, 94.15
94.109 94.159
1 94 94
I� U {
153.071
94.01
94.015 94.03, 94.17
94.03
94.01, 94.039 94.17
94.02
94.03
94.29
114.01
. S. Cites
239.751
References to Minnesota Statutes
bd. 1(b)
2 70C . 72, subd . 4
278.01 - 278.13
Ch . 3 02A
303.06
01 . U8
Ch. 308A
309.53
325J.04 subd. 2
26130121
326B.133
JLoll 0,14+0
327.31
3 32 7.35
27.31 through
3JJ . 1
333.02
340A . 30 i
3 40A .401
340A . 403 , subd. 3
40A0408
340A0409
34OA.414
340A.503
340A .504
344.02, subd. 1(a) through 1(d)
346.37
he 347
347.50 through 347.65
Ch. 349
2022 S-3
Code Section
94.01
94.01
94.039 115.04
115.14
115.14
115.045 115.14
115.11
115.04
94.01
153.064
112.06
117.09
35.08
111.28
a � % ^ Ow
1J5.Ulz
94.03
131.39
111.35
150.02
150.029 150.04
150.03
1 cn A
1Jv.VIM+
153.012
153.091
e ^Q
111.LrU
117.05
110.0015 110.025
110.090, 116.07
153.091
112008
110.008
110.028
110.003, 11
110.074
112.08
110.0099 1 i0.033
153.046
, 110.052, 110.070,
, i 10.074
90.020
90.024
90.024
131.019 131.029 1310159 131.34
5
Monticello new Parallel References
. S. Cites
349.11 through 349.191
349.11 through 349.23
349.12
349.166
349.213
364.03, subd. 2
3 64.03 , subd . 3
364.06
364.09
366.011
366.012
415.01
Ch . 429
429.101
Ch . 443
44.0"/ 5
444.075 subd. 3
Ch. 453
Ch. 453A
Ch . 462
462.3 51 through 462.3 63
+OG.JJO
462.357, s
ubd
462.357, subd. 6, Clause 2
462 . J 5 e
462.3 5 8 , subd . 2b
462.3593
Ch . 463
Ch . 466
Ch . 469
Ch. 505
505.02, subd. 1
515.01 through 515.29
609.321
609.3 3
609.66 through 609.67
609.72
609.75 through 609.763
609.755 through 609.76
617.241
617.242
2022 �-3
131.99
131.079 131.08
131.04
131.10
131.02
111.30, 117.085 117.12
111.305 117.08
31.42
31.42
34.04
34.04
34.04
92.20, 92.50, 94.22, 152.101
35.33, 91.065 92.50
54.07
l .Ul
51.12
94.03
94.03
32.0023
32.010, 53.01,
153.069
15 3.002
1 Gr1 !Y1 G
1J 000LrV
153.106
153.028
i52.00�
152.080
153.092
35.33
1 15.10
32.100
152.0029 153.046
153.046
153.012
112008
112.08
112.08
112.08
131.075 131.99
112008
15 3.046 , 1530092
153.046
94.22, 153.046,
References to Minnesota Statutes
M.S. Cites
617.242, subd. 7
624.712 through 624.716
624.719
624.731
626.862
631.48
2022 S-3
� • • �
�,
1 , . , t•' �' ,
1W, 17
•
731
732
737
738
740
742
7432
744
745
7451
"166
767
768
770
771
776
779
78O
77i
2022 s-3
. , e o
11-12-2019
12-9-2019
2-24-2020
2-24-2020
4-27-2020
5 -11-2020
7-27-2020
9-28-2020
9-13-2021
10-25-2021
12-13 -202 1
12-13 -2021
1-24-2022
2-28-2022
2-28-2022
4-25-2022
7-11-2022
/ -G J -GV GG
7-25-2022
9-26-2022
1 1-1 i-2V2G
32.045
32.050
36.01
32.046, 32.048,
- 32.052, 32.054
TSO Table I
36.015 111.25
36.01
95.01
36.01
130.09
130.09
94.17
70.02
15 3.047
153.047
�b.Ul
153.047
95.37
153.028
153.091
153.048
153.047
oc�
Al /1 ,c3
1JJ.VlG' 1JJ.
153.028
153.028
V7Vy 1JJ.V71
25
1JJ.OlLr� II
<
531JJ.V901JJ.V91
26 Monticello - Parallel References
WASTEWATER DISPOSAL SYSTEM (Cont'd)
Penalty, 52.999
Private wastewater disposal, 50.10
Purpose and policy, 52.001
Regulation of Discharges
Accidental and slug discharges, 52.020
Dilution, 52.019
3eneral discharge prohibitions, 52.015
National categorical pretreatment standards, 52.016
Pretreatment facilities, 52.018
Sludges generated, 52.021
State and local requirements, 52.017
Applications, permits, and fees, 50.01
Billing regulations, 50.06
City not liable, 50.15
Connection requirements, 50.09
Cross connection with municipal water utility system; regulations, 50.22
Emergency regulations, 50.18
Excavation work and testing of meters, 50.17
Faulty meters, 50.07
Implied consent to rules, regulations, and rates, 50.04
Installation of connections, 50.14
,r � ' • rn nn
LeaK in service line, Ju . u?5
Liability for repairs, 50.13
deter readings, 50.05
1vlaers, JU. L
Penalty, 50.99
Private wastewater disposal, 50.10
Private water not permitted in system, 50.20
Private water systems, 50.03
Provision for shut off of service, 50.21
Right to enter land, 50.19
►.)tormwatel not permuted in sanitary
edv er system,
Unlawful to tamper with meter, 50.12
User Charges
Billing and enforcement procedures, 50.37
Computation of user charges, 50.36
Inspection and control, 50.38
Purpose
50.35
50.11
Water meter
2020 S-1
regulations,
39
H
Monticello - Index
WATERCOURSE PROTECTION, 53.11
� •' • � � '' • � '1 it
WINE (also see ALCOHOL)
Application for license, 110.093
Combination wine/3.2 % malt liquor on -sale option, 110.100
Conditions of license, 110.098
Days and hours of sale, 110.099
Granting of licenses, 110.095
License fees, 110.094
License required for on -sale of wine, 110.092
Persons ineligible for license, 110.096
Places ineligible for license, 110.097
Provisions of state law adopted, 110.090
Suspens ion and revocation, 1IU* IU 1
Mine licenses, 110.091
Abbreviations, 153.011
t-VPPIILdUllll.y, 1JJ.VVJ
Application Reviews and Procedures
Common review procedures and requirements, 153.027
Pose, IJ3.VGJ
'�rp
Specific review procedures and requirements, 153.028
Summary of decision-making and review bodies, 153.026
Authority, 153.002
Def'1111t10o
ns, 153. 012
Effective date, 153.004
Enforcement
l�on�pliance
required, 15 3.121
Enforcement generally, 153.124
Purpose, 153.120
Responsible persons, 153.123
violations, 153. 122
Finishing Standards
Building materials, 153.070
Exterior lighting, 153.063
Fences and walls, 153.062
2022 S-3
ZONING (Cont' d)
Finishing Standards (Cont'd)
Grading, drainage, stormwater management and erosion control, 153.069
Landscaping and screening, 153.060
Off-street loading spaces, 153.068
Off-street parking, 153.067
Signs, 153.064
Telecommunication towers and antennas, 153.072
Transitional features, 153.066
Tree protection, 153.061
Underground utilities , 15 3.065
Wind energy conversion systems (WECS), 153.071
General rules for interpretation, 153.009
Nonconformitles
Authority to continue, 153.106
Building permits and ordinance
Change in use, 153.108
Discontinuance, 1 �) 3. 1 u /
Existing nonconforming lots, 153
Purpose, 153.105
Penalty, 153.999
Purpose, 153.003
Relation to the Comprehensive Plan, 153.006
Relationship to other laws and agreements, 153.007
1'CUlCS o 1 il1Cd� UtClllCill., 1 J J. V 1 V
Title, 153.001
Transitional regulations, 153.008
V Se ►.�7tQ.11dal ds
Accessory use standards, 153.092
Temporary uses, 153.093
Use -specific standards, 153.091
USC table, 153.10190
Zoning Districts
Business base zoning districts, 153.044
Connnon district requirements, 153.04 2
Districts established, 153.041
General provisions, 153.040
Industrial base zoning districts, 153.045
Overlay zoning districts, 1:)j u'4
o
Planned unit development districts, 153.047
Pointes at Cedar District, 153.048
Residential base zoning districts, 153.043
2022 S-3
41
42 Monticello - Index