City Council Ordinance 799ORDINANCE NO. 799
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV, CHAPTER 153,
MONTICELLO ZONING ORDINANCE, VARIOUS SECTIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
SECTION 1. § 153.010 RULES OF MEASUREMENT is hereby amended to read as
follows:
(B) Lots.
(1) Definitions/measurement.
(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--Fo. Lot coverage shall be calculated as the
total horizontal surface area of impervious surface on a given lot.
SECTION 2. § 153.012 DEFINITIONS is hereby amended to read as follows:
SIGN, HEIGHT OF. The height of the sign shall be computed as the vertical distance
measured from the mean ground level
on which the sign is placed to the top of the highest attached component of the sign.
SECTION 3. § 153.026 SUMMARY OF DECISION-MAKING AND REVIEW
BODIES, Table 2-1: Summary of the Roles of Decision -Making Bodies is
hereby amended to read as follows:
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 requestedFequiFed for a specific application or circumstance
Procedure
Subsection
Community
Development
Department
IEDC
&
EDA
1
Park &
Recreation
Commission
Planning
Commission
City
Council
Board of
Adjustment
&Appeals
Comp Plan Amendment
2.4 AR
*
H- R
D
Zoning Map/Text
Amendment
2A0
R
*
H- R
D
Variance
L4(C)
R
A
H- D
Conditional Use Permit
2.4D
R
*
H- R
D
Interim Use Permit
2.4E
R
*
H - R
D
Site Plan Review
2.4 UF
D
* CCD Only
*
A
Joint Concept Review
* CCD &
PCD Only
* CCD
& PCD
Only
D
4
Administrative Appeal
2,4(H)
R
A
D
Building Permits
2.4I
D
A
Certificates of Occupancy
L4fh
D
A
Sign Permit
2.4K
D
A
Temporary Use Permit
2.4 UL
D
A
Home Occupation Permit
2,A(M)
D/R
H- CUP
D -CUP
A
Grading Permit
2.4
D
A
Driveway Permit
L4(0)
D
A
Planned Unit
Development
2A0
R
*
*
H - R
D
Subdivisions
Qi1y Code
R
*
R
H- R
D
A
[1]: Industrial & Economic Development Committee IEDC and the Economic Development Authority EDA
SECTION 4. § 153.026 SUMMARY OF DECISION-MAKING AND REVIEW
BOARDS is hereby amended to read as follows:
(D) Parks, Arts & Recreation Commission.
(1) Establishment, membership, rules and procedures. The establishment,
membership, rules and procedures for the Parks, Arts & Recreation Commission
are established in §§ 32.045 through 32.054.
(2) Powers and duties. In addition to any other authority granted to the Parks, Arts
& Recreation Commission by the City Code, the Parks, Arts & Recreation
Commission shall have the responsibility to review and make recommendations
on park needs generated by new development.
PA
"' Board of Adjustment and Appeals.
(5) Powers and duties. The Board of Adjustment and Appeals shall have the
following powers and duties related to this chapter:
(a) To consider,- hear, review and make decision on applications for
variances; and
(H) Community Development Department.
(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 this ordinance or the City Code, the Community Development
Department shall have the following jurisdiction, powers, and duties under this
chapter:
SECTION 5. § 153.027 COMMON REVIEW PROCEDURES AND
REQUIREMENTS is hereby amended to read as follows:
(B) Authority to file applications.
(1) Unless otherwise specified in this chapter, applications may be initiated by:
(c) The city.., including the Community Development Department as
authorized by this ordinance.
(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 and publication notice requirements of this chapter, provided
that the continuance date is announced at the meeting.
SECTION 6. § Section 153.028 SPECIFIC REVIEW PROCEDURES AND
REQUIREMENTS is hereby amended to read as follows:
(A) Comprehensive Plan amendments.
(2) Initiation of proceedings. Proceedings for the amendment of the
Comprehensive Plan shall be initiated by one of the following:
(c) Recommendation of the Community Development Department, or
(e d) Action of the City Council.
(C) Variances.
(3) Application.
(b) In addition to the common review requirements, applications for a
variance shall also include the following:
2. A site plan of the property showing all information necessary to
allow the ci to determine conformance with all zoning
provisions, and to calculate the specific variance being requested.
Information shall include but not be limited to:
3. If deemed necessary by the Community Development
Department, a certificate of survey may be required to be
submitted with the application in addition to a site plan. The
certificate ofsurvey must detail the information listed in
V53.028(C)(3)0)(2) above.
(D) Conditional use permits.
(3) Application.
(b) In addition to general review requirements, applications for a
conditional use permit shall also include the following:
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:
b. Location and building setbacks per this ordinance 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;,—including dimension of
each;
i. Proposed outdoor storage spaces, including dimensions
and detail of all intended storage types (if applicable);
4. If deemed necessary by the Community Development
Department, a certificate of survey may be required to be
submitted with the application in addition to or in lieu of a site
plan. The certificate of survey shall detail the following
information:
i. All existing and proposed structures
ii. Si nend by a registered land surveyor
iii. Current (within last 6 months
iv. Topographic survey and contours of all surface
features including drainage ways, wetlands, etc.
v. Public utilities including pipe size, material type,
depths
vi. Private utilities
vii. Leal description
viii. Easements of record
2
5. Color profile elevation drawings of all sides of new
structures to illustrate the proposed visual appearance of new
construction. Any landscaping shown on elevations must be shown
as it appears in size and height at the time ofplanting. The
elevations shall indicate the visual location and size of all exterior
utility and mechanical systems, including HVAC, meters, and
powerlines.
6. Any other information that may be reasonably required by the
city to evaluate the application.
(E) Interim use permits.
(3) Application.
(b) In addition to general review requirements, applications for an interim
use permit shall also include the following:
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:
b. Location and buildings setbacks per this ordinance 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, including dimensions of
each;
i. Proposed outdoor storage spaces, including
dimensions and detail of all intended storage types
(if applicable);
4. If deemed necessary by the Community Development
Department, a certificate of survey may be required to be
submitted with the application in addition to or in lieu of a site
plan.
(F) Site plan submittals.
(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, and to review
compliance with the requirements of this ordinance. Site plan approval by the
Community Development Department must be obtained before a building permit
is issued in order to ensure the following:
(5) Submittal.
(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
5
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.
16. Building elevations (colored renderings) for all sides of the
proposed buildings which detail the materials being used;—.Any
landscaping shown on elevations must be shown as it appears in
size and height at the time of planting. The elevations shall
indicate the visual location and size of all exterior utility and
mechanical systems, including HVAC, meters, and powerlines;
21. Any other information that may be reasonably required by the
city to evaluate the application including but not limited to trafj-
is
analysis, 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:
3. Whether the proposed development is in compliance with other
city approved planning documents (e.g. r,,,w,,*,,w n evil ,',.,boon
Viand
(8) Time limit.
(a) Unless otherwise specified in the site plan approval, an application for
a building permit shall be applied for must reeeive 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.
(b) Upon written request, one extension of six monthsone year -may be
granted by the Community Development Department if the applicant can
show good cause.
(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(1€lEG).
(J) Sign permits.
(3) Application.
(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):
11. If the proposed sign is a sandwich board sign to be located in
the CCD District within the public right of way, 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
Co
insured for the sign to be located upon the public right-of-way
within the CCD, Central Community District.
12. If illuminated, a light distribution plan or other information
demonstrating ompliance with the li h�tingrequirements of this
ordinance_
13. Other information to demonstrate compliance with this and all
other ordinances of the city.
(K) Temporary use permits.
(6) Effect of a temporary use permit approval.
(b) n minimumof 90 Days shall be r-equir-ed between the o -ati ,,, of
temporary use ro,.mit an he 4 Issuance of another temporary use permit
on the same site for an identical or similar use as determined by the
Community Development Department shall be per the requirements of
this ordinance.
(L) Administrative home occupation permits.
(3) Application.
(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:
b. All activities will be proposed to occurfing in
conjunction with the home based occupation (i.e. office
work, customer visits, sales, stock storage, etc);
(N) Driveway permits.
(4) Application.
(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):
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:
d. Location of the existing driveway (if applicable), the
proposed driveway and the square footage and dimension
of each;
e. Driveway material;
7
ef. Location of existing public sidewalks and trails;
fg. Calculation of the existing and proposed impervious
surface coverage on the lot;
gh. Identify existing and proposed curb types specifically
calling out proposed changes to existing facilities.
(0) Planned unit developments.
(8) Areas of flexibility.
(b) The city may consider flexibility with regard to land uses, setbacks, lot
size, width, and depth, specific finishing standards of this ordinance, and
access to public streets, among other zoning and subdivision 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 PVDs.
(9) PUD procedure. All requests for rezoning to planned unit development shall
follow the steps outlined below.
(b) PUD development stage, preliminary plat, and rezoning.
1. Initiation of proceedings. 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
applicanttion must be pr-eeessed as may submit a new concept
proposal unless the Community Development Department
determines to waive this provision.
2. Application.
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 shall 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:
p. Colored building elevations for all buildingsides ides which
detail the materials being used. Any landscaping shown on
elevations must be shown as it appears in size and height at
the time Of planting. The elevations shall indicate the
visual location and size of all exterior utility and
mechanical systems, including HVAC, meters, and
powerlines;
(c) PUD final stage and final plat.
1. Initiation of proceedings.
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 from the Community
Development Department 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.
3. Specific PUD final stage and final plat submittal requirements.
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.
h. Association declarations and/or other private covenant
documents or easements necessary to implement and
maintain the PUD as approved by the city.
(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:
(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 P!
beginni at PUD development stage and preliminary plat.
9
SECTION 7. § 153.028 SPECIFIC REVIEW PROCEDURES AND
REQUIREMENTS, Division (P) Specific PUDs is hereby amended to
strike the following subsections in their entirety, with subsections (1) Twin
Pines PUD District, and (3) Country Club Manor Second Addition PUD
District in their full entirety hereby added to § 153.047, renumbering the
subsections accordingly.
(1) Twin Pines PUD District
(2) Haven Ridge 2nd Addition PUD District
(3) Country Club Manor Second Addition PUD District.
SECTION 8. § 153.041 DISTRICTS ESTABLISHED, Table 3-2 Overlay Zoning
Districts is hereby amended as follows:
TABLE 3-2: OVERLAY ZONING DISTRICTS
Abbreviation
District Name
FP
Flood Plain 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
SU
Special Use Overlay District
SECTION 9. § Section 153.041 DISTRICTS ESTABLISHED is hereby amended as to
read as follows:
(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,
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 fe
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.
10
SECTION 10. § 153.042 COMMON DISTRICT REQUIREMENTS is hereby amended
to read as follows:
(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 or encroachment agreement
issued by the Community Development Department.
(D) Common yard and height requirements.
(1) In general.
(a) Unless otherwise authorized by variance, ad istr- tive 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.
(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 public rights
of way, 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:
c. A setback of 20 feet shall be maintained from property
lines abutting public streets rightsof way.
4. Appurtenances:
a. Appurtenances are permitted to encroach into a required
front or rear yard setback up to six feet. es
not apply to rear -leading nits in thezoning distr4et.
b. Appurtenances are permitted to encroach into a required
side yard setback up to three feet. This " „ does not
SECTION 11. § 153.043 RESIDENTIAL BASE ZONING DISTRICTS is hereby
amended to strike all photographs showing typical district building forms
in sections (C) — (J).
11
SECTION 12.
§ 153.043 RESIDENTIAL BASE ZONING DISTRICTS is hereby
amended to read as follows:
(B) Standards applicable to all residential base zoning districts.
(C) Agricultural Open Space District (A -O). The purpose of the "A -O" aAgricultural-
o0ven sSpace dDistrict 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.
(2�1) terse ZLot area- Mminimum: two acres.
(32) Base 1Lot width.- Mminimum: 200 feet.
(D) Residential Amenities District (R -A). The purpose of the "R -A" rResideneetial
Amenities dDistrict 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 `Maimiam density t#riotighnr r�erf nee standards! 10,890 sq. ft. Per
"„
tmits per- gross aer-e).-
(2) Base density. 16,000 sq. ft. per- unit (2.7 units per- gross acme).
(�1) 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).
(42) 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).
12
III jib
-now' 64101M.11.10"Iffln"',
- i.
(C) Agricultural Open Space District (A -O). The purpose of the "A -O" aAgricultural-
o0ven sSpace dDistrict 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.
(2�1) terse ZLot area- Mminimum: two acres.
(32) Base 1Lot width.- Mminimum: 200 feet.
(D) Residential Amenities District (R -A). The purpose of the "R -A" rResideneetial
Amenities dDistrict 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 `Maimiam density t#riotighnr r�erf nee standards! 10,890 sq. ft. Per
"„
tmits per- gross aer-e).-
(2) Base density. 16,000 sq. ft. per- unit (2.7 units per- gross acme).
(�1) 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).
(42) 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).
12
TABLE 3-4 R -A DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet)
Max
Minimu
Minimum Roof
Height
Minimum Floor
m
Pitch & Soffit
Front
Interior
Street
Rear
(stories /
Areas
Building
(vertical rise/
Side {�
Side
ft.)
(sq ft.)
Width
horizontal run)
)
Single
Minimum foundation
6 in. / 12 ft.
Family
35
10
20
30
2.5 stories
sizes by home type [3]
24
No minimum
117
[2]
35 feet
soffit
Building
2000 fmishable [4]
11
[1]: For interior lots in R-1 and R -A districts, attached accessory stpdetures uses m^ ' ^ ^" .. ^a to meet ^
shall be setback no less than 6 feetfeet sethaek from the side yard property line, 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]: 2400 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 required attached aeeesseff space garage floor area.
[1 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
- An attached garage shall be included with all principal residential structures in the R -A district.
Accessory - See § 153.092(B) for all general standards and limitations on accessory structures.
Structures - The minimum floor area for all the required attached age shall be 700 sq. ft.
and Uses - 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 f 11 above as related to setbacks for attached accessorystmetufes uses 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
(E) Single -Family Resideneetial District (R-1). The purpose of the "R-1" &Single-family
Residential dDistrict is to provide for low density, single-family, detached residential
dwelling units and directly related complementary uses.
I�i�� EZTJ7' R!*se.S�i �riTiTiTsl: �!7�!lel�e - �
(3�1) 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).
(42) Base lot width.
(a) Minimum: 70 ft.
13
(b) Average: 80 ft. (at least 40% of lots created through subdivision shall
exceed 80 ft. in width).
TABLE 3-5 R-1 DEVELOPMENT
Minimum LotArea/Unit Base Density
STANDARDS
10,000 s . ft. 4.3 tmits/aef-e
REQUIRED YARDS (in feet)
Max
Townhome*
Minimu
Minimum Roof
Height
Minimum Floor
m
Pitch &Soffit
Front
Interior
Street
Rear
(stories /
Areas
Building
(vertical rise/
Side [�j
Side
ft)
(sq ft.)
Width
horizontal run)
Single
10
1,050 foundation/
5 in. / 12 ft.
Family
30
L11 and
20
30
2.5 stories
2,000 finishable
24
No minimum
Building
[2]
35 feet
[4]
soffit
5
[1]: For interior lots in R-1 and R -A districts, attached accessory stpa4ffes uses may be allewea *^ ^ ^^*
shall be setback no less than 6 feetfeet sethaek from the side yard property line, 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 percent.
[3]: 2400 square foot gross floor area excluding a basement or cellar for two story homes and a 1600 square
foot foundation for multi-level, rambler and split entry homes.
[4]: Finishable square footage is exclusive of required attached aeeessefy space gangge floor area.
lV Roofgables, 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 since -family structure as measured from a bird's -eve plan view.
- An attached garage shall be included with all principal residential structures in the R -A district.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
- The minimum floor area for atl the required attached age shall be 700 sq. ft.
and Uses
- 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 stF uses 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
(F) Single and Two -Family Residencetial District (R-2). The purpose of the "R-2" sSingle
and tTwo-family rResidential dDistrict is to provide for low to moderate density one and
two unit dwellings and directly related complementary uses.
(21) Base density.
Unit Type
Minimum LotArea/Unit Base Density
Single-family
10,000 s . ft. 4.3 tmits/aef-e
Duple/Two-family
7,000 sq. ft. 6.2 units pe- aer-e
Townhome*
7,000 sq. ft. 6.2 • its/ er-e
14
Multi -Family (3-4 units)*
10,00 A f. fi fst unit
4,000 sq. ft for- o.,e
c o 6.8, nits i,, o
additional tia4 5,500 sq. ft.
*By conditional use permit onl . See also Multi- amily dwellin unit standards.
(32) Minimum lot width.
R-2 District Original Plat
Lot Width 80 ft. 66 ft.
TABLE 3-6 R-2
DEVELOPMENT
STANDARDS
Required Yards (in feet)
Minimum
Minimum
Max
Minimum
Finished
Minimum
Roof Pitch &
Height
Floor
Floor Area
Building
Soffit
Front
Interior
Street
Rear
(stories /
Areas
(sq. ft.)
Width (sq.
(vertical rise/
Side [I}
Side
ft)
(sq ft)
[31
ft) [31
horizontal
run)
1,050
Minimum
Single
10
2.5
foundation/
finished
Family
30
L17 and
20
30
stories
1,800
square
24
Building
35 feet
finishable
footage
[2]
[3]
must be
equivalent
5 in, / 12 ft.
2.5
to the
No minimum
Duplex
30
10 [2]
20
30
stories
principal
24
soffit
35 feet
1,050
foundation
use unit
4
Townhouse/
2.5
1,400
foundation
Multi-
30
10
20
30
stories
finishable
size
24
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 required attached garage space oor area
[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.
- An attached garage shall be included with all principal residential structures in the R-1 district.
Accessory
- See § 153.092(B) for all general standards and limitations on accessory structures.
Structures
The minimum floor area for all required 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.
and Uses
- 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)
I - § 153.060, Landscaping and Screening Standards
15
(G) Traditional Neighborhood Resideneetial District (T -N). The purpose of the "T -N"
tTraditional nNeighborhood rResidential dDistrict is to provide for medium density,
single-family, detached residential dwelling units and directly related complementary
uses.
(3) Minimum -lot area. Nfinim-um. 75,500 sq. ft.
(4) Baw Minimum lot width.
(a) rfi,,;v,-,,,v,,: 455 ft.
Q Minimum Lot Depth: 100 ft.
TABLE 3-7 T -N DEVELOPMENT
STANDARDS
REQUIRED YARDS
(in
feet)
Max
Minimu
Minimum Roof
Height
Minimum Floor m
Pitch &Soffit
Front
Interior
Street
Rear
(stories /
Areas Building
(vertical rise/
P4
Side
Side
ft.)
t
(sq ft.) Width
horizontal run)
(f
Single
Family
325
117
10
20
30
[2]
1,050 foundation/
5 in. / 12 ft.
Building
2.5 stories
35 feet
2,000 finishable 24
[2]
No minimum
soffit
Wigle
Fly
nzarvRcs
Rem T zoaA
-1 5
g
4-5
2-5
%U
[1]: The minimum width of the dimension of the principal buildinglg area across thefront
building line shall be no less than 12 ft., which may include a usable porch of at least 6 ft. in depth.
The maximum buildingline the attached garage may be no more than 20 ft. across the front
buildinjz line maxim -um fent 5, ,.a shall be 30 feet fr Fent lead homes and`25 root for- F -ea . lead
homes.
[2]: Finishable square footage is exclusive of re wired attached accessory space garage floor area.
- An attached garage shall be included with all principal residential structures in the T -N district.
- See § 153.092(B) for all general standards and limitations on accessory structures.
Accessory
- The minimum floor area for al} the required attachedag raje shall be 480 sq. ft.
Structures
- For front -loaded attachedaccessery structures ag rages, no portion of any garage space may be more than
and Uses
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 4$24 ft. in width at the front yard
property line. Driveways shall be offset and se aroted to maximize on -street parkinZcagaft
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
(H) Medium Density Residence District (R-3). The purpose of the "R-3" fnMedium
dDensity rResidential dDistrict is to provide for medium density housing in multiple -
16
family structures ranging up to and including 12 units and directly related,
complementary uses.
.r�s*arIWIPTNT"MMOURF.T."ME
_
(b) Multi 5,124 sq. t. pew unit (eight and one half units per-
aer-e+.
(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.
17
TABLE 3-8 R-3 DEVELOPMENT STANDARDS
'PUD Optionsfo
hill E,.,,.;�..
R-3 District
R-3 District
�
Townhouse (4 — 10 units / building)
Multi -Family (6-5 —12 units/building)
Base Lot Area Minimum
20,000 s£
30,000 sf.
Base Lot Width (Minimums
80 ft.
80 ft.
Gross Density
3-7 du/acre
8-12 du/acre
Max Density w/o PUD
4.0 du/acre
8.5 du/acre
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 building
30 feet
40 feet
Clear open space setback from
25 feet
30 feet
ROW
Clear open space setback from
10 feet
30 feet
Property Line
Buffer Req. to Single Family
B buffer
B buffer
Common open space per du
NA
500 sf/du
Landscaping
16 ACl/acre +2 shrubs per 10 feet bldg.
16 ACl/acre +2 shrubs per 10 feet bldg.
perimeter
perimeter
Parking requirements
_'.5 scree_ a= a 1.2 spaces1hedroom, with 2
2.5 spaees�du 1.2 spaces/bedroom, with 21
1 space/bedroom enclosed
s ace/bedroom enclosed
Architecture
20% street min frontage covered with
20% street min frontage covered with
enhanced materials
enhanced materials
Roofs
5:12 pitch or roofline or building line
5:12 pitch or roofline or building line
articulation, including flat and/or varied
articulation, including flat and/or varied
rooflines, parapets, canopies or other
rooflines, parapets, canopies or other
similar features which increase
similar features which increase
architectural interest and variability.
architectural interest and variability.
Unit square feet
1,000 sf, fmished floor area per unit,
Averaze 1,000 s£ finished floor area per
minimum
unit, minimum
Garages
Attached
Enclosed, may be detached
Garage Setback
30 feet from ROW (35 feet from curb of
May not access street directly — must be
private street)
served by interior driveway
Garage Doors
Maximum 16 feet width facing street -_
No smooth panel doors. Detached
nNo smooth panel doors
buildings must match principal building
materials and include architectural
fenestration on sides facing residentially
zoned property or public ri ht of wa
PUD Options for
Multi -Family
Townhouse (4 — 10 units / building)
Multi -Family (6-5 —12 units/building)
Buildin s
Landscaping
Special landscape features including water
Increased landscape quantities and/or
features, recreational structures, patios,
Sizes beyond code minimums; Special
etc.
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
rind al buildin
Building Materials
Increased use of stone, brick beyond front,
Increased use of stone, brick beyond front,
or on other exterior walls
or on other exterior walls
IV
Architecture
Extensive use of ornamental features,
Extensive use of ornamental features,
of: single family homes-.
building and/or roofline articulation,
building and/or roofline articulation,
fenestration and building wall undulation
fenestration and building wall undulation
atypical of other buildings in similar
atypical of other buildings in similar
zoning districts
zoning districts
Site Work
Use of decorative paving materials in
Use of decorative paving materials in
parking, sidewalks, etc.; Extensive use of
parking, sidewalks, etc.;
ornamental site lighting or similar features.
Extensive use of ornamental site
li htin or similar features.
Housing for Seniors restricted
Accommodations to design and density
Accommodations to design and density
to 55 years of age or more
through PUD process only
through PUD process only
(I) Medium -High Density Residence District (R-4). The purpose of the "R-4", mMedium-
h gh dDensity rResidential dDistrict 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. This district is intended to provide exclusively multiple e amily housing
defined in this chanter. as onnosed to lower densitv housing tunes such as townhouses.
two-family homes, or single family homes. 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 Medium Density Residential District
(b) Land currently zoned for commercial uses, but which would not be
considered "prime" commercial and critical to "Successful Commercial
Centers and Corridors " consistent with the City's 2040 Vision + Plan.
(the eit., would like to to "prime" Eemmer-eial are -as that show the
most pr-efnise for- tha4 use in the fittafe)-.
defined in this ehaptef, as opposed
to lower denssit 2s8=ckC�i-c^c�
townhouses, two family homes,
of: single family homes-.
(6) Minimum and maximum density: ten 10 units minimum — 25 dwelling units
maximum per acre.
a
19
TABLE 3-9: R-4 DEVELOPMENT STANDARDS
PUD Qpdonsfof
n.r„�
R-4 District
Multi -Family (13+ units / building)
Base Loge area
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
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 spaees/dw 1.2 spaces/bedroom 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
999 800 sf minimum finished floor area per unit average, with no more than 10% o the
units as studio units
Garages
Attached or Underground
Detached accessory garages allowed only after base requirements are met; requires
authorization throw h Conditional Use Permit
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
PUD Options for
Multi -Family
Buildin ,rs
R-4 District
Multi -Family (13+ units /building)
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
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 restricted
to 55 years of age or more
Accommodations to design and density through PUD process only
C
(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.
SECTION 13.
1 Maximum density flffough PUP P or-Fer-fvfmal}ee standards: 3,350 sq. ft.Fef
unit (13.0 units per- gross roe
(L1) Base density: 4,000 sq ft per unit (10.9 units per gross acre).
(�2) Base lot area. Minimum: 5 acres.
(43) Base lot width. Minimum: 200 ft.
§ 153.044 BUSINESS BASE ZONING DISTRICTS is hereby amended to
strike all photographs showing typical district building forms in sections
(C) — (H)
SECTION 14. § 153.044 BUSINESS BASE ZONING DISTRICTS is hereby amended to
read as follows:
(B) Standards applicable to all business base zoning districts.
(1) Condominiums.
(a) mal Commercial 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.
NO WN 0"111141
ATA
A NOW
ON
I I
(F) Regional Business District, B-4. The purpose of the "B-4" rRegional bBusiness
dDistrict 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.
21
TABLE 3-14: B-4 DEVELOPMENT STANDARDS
REQUIRED YARDS (in feet)
Max Height (stories
Max Floor Area
Max Impervious
Front
Interior
Street
Rear
/ feet)
Ratio (FAR)
(% of gross lot
Side
Side
area)
2 stories
All Uses
9 6'
9 6'
9 6'
0 6'
30 feet
(Reserved)
(Reserved)
[1]
[1]: Multi -story buildings maybe 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
Structures
- See § 153.092(B)for all general standards and limitations on accessory structures.
- § 153.042, Common District Requirements
Other
- § 153.043(B), Standards Applicable to All Residential Base Zoning Districts
Regulations
- § 153.060, Landscaping and Screening Standards
to Consult
- § 153.064, Signs
(not all
- § 153.067, Off -Street Parking
inclusive)
- § 153.068, Off-street loading spaces
- § 153.070, Building Materials
(G) Central Community District, CCD.
(1)
(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
(l River-fFefft; (2) Broadway; (3) W.,tnr'rc and Gedaf Stir -e +"; and 4) Pine
Street. A fifth ccs,-distr-iC " shall beanyarea within the GCD that is no
identified as being within . o of the four- nme sub disti7iets. 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. The sub -districts and are known as:
(1.4 River cont;
L2.4 Broadway;
Walnut and Cedar Streets: affd
{4.4 Pine Street. and
"sad -tic "General "shall be any area within the CCD
that is not identified as being within one of the four named sub-
di.ctrirk
(3) General requirements.
22
(c) Private joint parking use. All new 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.
(f) Building materials. Building materials for all uses shall be
predominantly glass, brick, natural or cultured stone, or equivalent
masonry material. Mater-ials for Garrod siding, board and batter or shake
exteriorshall becemposrte, mailitenainee fFee fnat€r-i-als, and shall be
limited in eveFall exteFioF use to:
1. 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 s*,.,,etffes, no more than 30% of building exteriorfor
residential structures.
(4) Performance standards.
(a) Character area standards.
4. Riverfront.
a. Features such as upper balconies, dormers, courtyards, porches
and dooryards shall be incorporatedfor residential uses.
b. Buildings shall be between 2- 4 stories; additional stories may
be authorized by conditional use permit. Sin lg e-stoty 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 facade that mimics multiple
stories through additional window openings or similar°features.
c. Buildings shall be oriented toward river and public rip_ht of way
corners where applicable.
(b) Use type standards.
1. Residential.
c. Multi four -12 du.
(i) Only allowed where the subject property has no
frontage on Broadway, Walnut/Cedar. Conditionally
permitted where the property has direct frontage on
Broadway or Walnut/Cedar.
(ii) Must preserve open space to coordinate with
public spaces.
(iii) Building heights up to 35 feet or three stories
above grade; additional stories authorized through
conditional use permit.
23
(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 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.
(x) Residential units on upper, non -ground floors of
buildings in the Riverfront Character Area are permitted
as a part of mixed-use buildings by conditional use
permit.
d. Multi 13+ du.
(i) Only allowed where the subject property has no
frontage on Broadway, Walnut/Cedar. Conditionally
permitted where the property has direct frontage on
Broadway or Walnut/Cedar.
(ii) Must preserve open space to coordinate with
public spaces.
(iii) Building heights up to 50 feet or four stories
above grade; additional stories authorized through
conditional use permit.
(iv) Setbacks —shall be -15 feet from abutting
single-family, minimum of ei& 8 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 required parking shall be located in
attached garages within building footprint (no
surface parking).
(ix) Parking ratio of 1.-71 spaces per dwelling unit
bedroom 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.
(xi) Residential units on upper, non -ground floors of
buildings in the Riverfront and Broadway Character
Area are permitted as a part of mixed-use buildings.
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.
• .mesa
(d) Parking.
4. Parking shall not be located on a parcel between the front
building line of the principal building and the public street, except
where expresslyprovided for by the City Council after
recommendation from the Planning Commission.
(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. Maximum Bbuilding height.
' : 60 feet.
a. Buildings may exceed 50 feet in height by conditional
use permit, with enhanced site improvements, architecture,
and building materials.
25
6. Lot coverage, buildings.
a. Minimum building lot coverage: 20%.
b. Maximum building lot coverage: 90%.
97. Accessory structures.
a. For commercial uses, Ttrash 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. For mixed-use and multi e amily residential uses, trash
handling equipment shall be located within the principal
building.
c. 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.
SECTION 15. § 153.044 BUSINESS BASE ZONING DISTRICTS, Section (G) CCD
District, City of Monticello CCD Sub -District map shall be stricken from
the ordinance and shall be adopted as part of the City of Monticello Official
Zoning Map.
SECTION 16. § 153.045 INDUSTRIAL BASE ZONING DISTRICTS is hereby amended
to strike all photographs showing typical district building in sections (C) —
(E).
SECTION 17. § 153.045 INDUSTRIAL BASE ZONING DISTRICTS is hereby amended
to read as follows:
(B) Standards applicable to all industrial base zoning districts.
we
Z!'SY�S'�
IE1ri�fTs!llEar:EI.T.�S�Efff!T�SiILLUUMILLSM
M"
. tiPES'��T:lT�:l7ww -v S'RfM,
SECTION 18. § 153.046 OVERLAY ZONING DISTRICTS is hereby amended to read as
follows:
(N) Wetland District.
(3) General provisions.
(a) Identification and delineation of wetlands.
4. This section establishes four wetland classifications as defined
in § 153.012: exceptional quality, high quality, medium quality,
and low quality. Wetland classifications shall be established
through a wetland functional assessment.
(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 inspeetion sehedules and fines for- erosion eoi4fel will double on
is abutting wetlap l&
(f) Before the city issues a building permit for a lot with a required
wetland buffer, the lot owner shall.
27
- linstall the wetland monumentation required by
§ 153.046(C)(4)(f).
(5) Wetland buffer strips and setbacks.
SECTION 19. § 153.046 OVERLAY ZONING DISTRICTS, Division (S) Performance
Based
Enhancement District is hereby stricken in its entirety, with the divisions
and subsections following to be renumerated accordingly.
SECTION 20. § 153.048 POINTES AT CEDAR DISTRICT is hereby amended to read
as follows:
(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.. and consistent with The Pointes at Cedar Ordinance No. 776. adopted herein by
reference.
(B) Permitted uses. Permitted principal uses in the Pointes at Cedar District shall be those
identified in the Pointes at Cedar 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 ordinance requirements and process.
(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 ordinance 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.
SECTION 21. § 153.060 LANDSCAPING AND SCREENING is hereby amended to
read as follows:
(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;
009.
(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),; 4 1temativ r ,., a, eapiH . p aH T,,eludes the r edufes an
standards for- r-eviewof „itom.,tive i,,,,,as,.,,ping rlaas Standards for Site
Landscaping. Introduces standards for foundation plantings around some
buildings;
(5) Division (F), rt,., a rdsf „ Ve ; ,a r Use Ore Landve6TMg. inel des the
standards for- landseaping afound the perimeter- and within vehiettlar- use afeas
Alternative Landscaping Plan. Includes the procedures and standards° or review
of alternative landscaping plans;
(6) Division (G), rt,., a tW o , Perimeter Bufftrs. T,,eludes the landsea, ing bu
standards applied to the edges of some i ase zoning dist,.; Standards for
Vehicular Use Area Landscaping. Includes the standards for landscaping around
the perimeter and within vehicular use areas;
(7) Division (H), rta dards c , Required SereeHing. T,,eludes the
reqements for site features like r-efitse, leading, and sefviee-areas Standardsfor
Perimeter Buffers. Includes the landscaping buffer standards applied to the edges
of some base zoning districts,
(8) Division (I), Standards for Required Screening. Includes the screening
requirements for site features like refuse, loading, and service areas StaHda tWsfer
Site LandseapiHg. intr-aduees standards for- foundation piantings ar-ound some
buildings -,t
(9) Division (J), Zoning Specific Landscaping Standards. Includes specific
landscaping standards specific to zoning district.
(C) General requirements for landscaping.
(4) Stabilization. All required landscape planting areas and required yards shall
be stabilized and maintained with lawn, ground covers, mulches, or other
approved materials to prevent soil erosion and allow rainwater infiltration.
(7) SeddgGround 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 or sodded with lawn cover. Exceptions to this criterion may
be approved by the Community Development Department as follows:
(a) Seeding of fulufe expansion areas as shwA% on approyeTplafi&.— or
commercial, industrial and institutional uses, native planting per an
Alternative Landscaping Plan approved by the Community Development
Department.
(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.
3t
(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.
(2) Detailed landscape plans shall include the following information:
(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 may also be provided for native landscaping for commercial,
industrial, civic and institutional use sites where the use of native plantings
rroresents consistency with the goals of the comprehensive plan. 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.
SECTION 22. § 153.060 LANDSCAPING AND SCREENING, Division (I) Standards
for Site Landscaping shall be renumerated to 153.060(E) with the
subsequent divisions and subsections renumerated accordingly.
SECTION 23. § 153.060 LANDSCAPING AND SCREENING is hereby amended to
read as follows:
(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. Vehicular use area landscaping,
including perimeter vehicular use areas. g may be counted toward overall site
landscaping requirements.
(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 commercial vehicle sales and rental uses.
30
(2) Interior vehicular use area landscaping standards. All ..ehiettla. use areas
shall pfovide and maintain landscaped planting areas within the ifttefioF of the
ehieti ,, , aeeor-danee with the following.
(a) Configuration. interior- planting aFeas shall be designed ; aeeeFdanee
with the following star a -r- s: Where islands are proposed for drainage
and stormwater management, such islands shall be landscaped in
accordance with this section of ordinance.
(b) All vehicular use areas shall provide and maintain landscaped
planting areas within the interior of the vehicular use area in accordance
with this section of ordinance.
(c) Configuration. Interior planting areas shall be designed in
accordance with the following standards:
(G) Standards for perimeter buffers.
(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 the adiacent impacted
another parcel, and shall extend to the parcel boundary line or right-of-
way line.
(I) Standards for required screening.
(3) Screening methods.
(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 Walls.
2. The fence or wall shall be constructed of masonry, brick, wood,
masonry free vinyl or steel constructed to be similar in appearance
to materials commonly sold as fence material.
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.
(J) Zoning district specific landscaping standards.
(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 gar -de meeting the following requirements:
31
1. Four caliper inches of canopy trees which must be no less than
3 caliper inches at DBH at time of planting, plus two ornamental
trees. Trees may be planted in front or side yard.
2. No less than one shrub or perennial flower planting per 20
square feet of front yard area.
3. No less than one deciduous flower planting per 20 square feet of
front yard area.
(b) No private driveway leading to a garage may be more than 4-$ 24 feet
in width at the front yard property line.
(4) Industrial and Business Campus (IBC) District Landscaping Requirements.
All IBC lots must include and maintain an operational irrigation
system for the full site at time of certificate of occupancy unless excluded by an
approved Alternative Landscaping Plan for Native Plantings.
SECTION 24. § 153.062 FENCES AND WALLS is hereby amended to read as follows:
(C) General requirements for fences and walls.
(1) Location.
(a) Fences and walls are permitted anywhere on a lot subject to the
following restrictions:
1. 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
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.
S. Fences and walls must be set back no less than 3' from any
public trail or sidewalk.
(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.
32
1. 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.
2. Fences and walls must be setback at least six (6) feet from the
property line when adjacent to a public right of waw
3. Fences and walls must be setback at least three (3) feet°from a
public sidewalk or pathway.
(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 sethaek area shat !andseaped in
aeeor-danee with the provisions of § 153.062(j)(4), Appear -an .
3. Fences and walls must be setback at least three (3) feet from a
public sidewalk or pathway.
(c) Transparency. Fences or walls located within a front yard ^r side yar-
adjacent to a street shall maintain a minimum of 50% transparency.
(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 § > ;
( Comply with e F@gEquHr-emeH T✓�� szvrzccgzrircu
(H) Chain linkfencing. 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 in the front yard and does not exceed five feet in the side and
rear yard.
33
(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 conditional use permit relating to security plan under the
provisions of § 153.062(E).
(J) Appearance.
(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 a14 commercial and
industrial 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.
SECTION 25. § 153.063 EXTERIOR LIGHTING is hereby amended to read as follows:
(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. For new
development, including new signs, the Community Development Department may
require specification plans and light distribution plans to verify compliance with
these standards.
(E) Design standards for exterior lighting. All exterior lighting shall meet the following
standards:
(2) Shielding and Fixtures.
(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 [1]
Maximum Illumination (Footcandles)
All Uses
0.5 at all ROW center lines
Residential or Civic & Institutional Use
0.5 at Property Line
Commercial or Industrial Use [2]
1.0 at Property Line
Parking Lots
1.0 at Property Line
[1]: See Table 5-1: Uses by District
[2]: The minimum illumination level at the p eFt-y line shall be 0.2 footcandle
34
(G) Exemptions for a security plan. Government facilities, parks and open areas, utilities,
and public safety, era ethe, u (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:
(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. A light distribution plan or other information demonstrating
compliance with the lighting requirements of this ordinance.
SECTION 26.
§ 153.064 SIGNS is hereby amended to read as follows:
(H) General provisions.
(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. A certificate
of survey may be required to verify sign setback in accordance with this
ordinance.
(11) Square footage calculation (total area = A x B):
(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.
35
(d) A freestanding sign or sign structure constructed so that the faces are
not back to back, shall not have an angleeparating thefacesexceeding
thirty (30) degrees unless the total area of both sides added together does
not exceed the maximum allowable sign area for that district.
(20) Design and materials standards for signs in commercial districts, industrial
districts, the CCD District, and PUDs,nd eo, N e as -ed e hr,,.eem�,��
(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:
(2) Within business and industrial zoning districts (see table 3-1), the following
additional regulations shall apply:
(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 sibfreestanding 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 no may display
separate wall, canopy, or marquee signs except thr-o gh
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). Sign area shall be calculated based on the
facade area of each individual tenant space.
b. Such signs shall net be located envy on an exterior walls_
facing
residentially zoned properties or properties on which a
residential use exists.
c. A comprehensive sign plan is submitted that includes all
of the following information:
36
(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).
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.
SECTION 27. § 153.066 TRANSTIONAL FEATURES is hereby amended to read
as follows:
(B) Applicability.
(1) Transitional features shall be required when:
(a) Dig -e -ent use Pfpes abut one other- (e.g. 0 . side 4ia ' institutional,
'
eommer-eial1
(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;
> B 2, B 3, B 4,
(2) The Commidnity Development DepaAment may r-equir-e the use of
(11) Provide landscape buffer Type "A" consistent with this ordinance.
37
SECTION 28.
§ 153.067 OFF-STREET PARKING is hereby amended to read as
follows:
(C) Change in use or occupancy.
(3) Site plan drawing necessary. In all zoning districts, Aall applications for a
building permit or prior to a change in use for an existing building or as required
or a 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.
(2) For single-family and two-family dwellings, off-street parking of passenger,
small construction, emergency or any other commercial vehicles in the rear yard
is prohibited as illustrated in Figure 4-11 and in Table 4-9.
SECTION 29. § 153.067 TABLE 4-7 MINIMUM OFF-STREET PARKING SPACES
BY USE is hereby amended and reordered as follows:
Residential Uses
Multiple Family
In General
2.51_2 spaces for each dwelling emit bedroom, of
which two one must be enclosed, plus one guest
parking space for every four units, or as y otherwise
besq3e�ed in the zoning distria
Senior Housing- Independent
Pesefvtien of area equal to10spuee pretial
Livin
development shall fygilir-e ��'.5 spaees per mit, -can
said number- o f spaces ,ti. titin e until stieh time as
the City Getmeil , side, -s n oa f ,- addit ,,,,ni
67 spaces per
dwelling unit, plus one guest parkin space pace for every
six units
Senior Housing —Assisted Living
4.0 spaces plus. 67 spaces per dwelling nit, plus one
nest parking space for evejy six units
Assisted Living Facilities 4.0 spaces plus . 67 spaces per dwelling unit, plus one
Quest parking space for every six units
Commercial Uses
B ,-d g House
.datiens n pfevided f sleeping
Entertainment/Recreation, Indoor Commercial
W.
Bowling Alley
5.0 spaces for each alley plus additional spaces as may
See Parking Schedule #1 [§ 153.067(H)(2)]
be required herein for related uses associated with the
I See Parking Schedule #1 [§ 153.067(H)(2)]
rinci al 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
Other Uses
See ParkinSchedule #2.
Offices, Professional and
Commercial
1.0 space for each 350 feet o�floor space
Retail Commercial Uses
Grocery Uses
1.0 spaces for each 200 squaresfeet
- If in the CCD district, one space per 350 square
feet otfloor space
IfrGeneral Retail
1.0 space for each 200 square feet
- If in the CCD district, one space per 350 square feet
of floor space
- Home improvement retail uses shall require 1.0 space
or each 225 square feet
Convenience Retail
1.0 spa e or each 250 square feet
in .,,1,ie cnoi e of the g
fleer- ., v is deveted to st.,,uge �
war-ehouseT-c'i"a�t -e
,x be - of s,..aees m , ae
deteFmined by either- of the listed
opfiells
OPTION #1: One s e fee o ,.t, 200 s e feet devated to
„„ or- o 0
1.1:,, sales
„l, o spaeefor-eaeh 500 square feet „fstorage e
OPTION #2: One spaee for- eaeh empleyee on the maxin+Hm
shift pitts one spae-e
for- eaeh Inn e feet devoted to p4he sales or
Industrial Uses
Wrecker and Towin Services
See Parking Schedule #1 [§ 153.067(H)(2)]
Machine /Truck Repair and Sales
I See Parking Schedule #1 [§ 153.067(H)(2)]
SECTION 30. § 153.067 OFF-STREET PARKING is hereby amended to read as
follows:
(E) Standards applicable to all uses.
(4) Vehicular use area stall calculation requirements.
(b) Floor area.
4. Required parking spaces may be reduced through alternative
development types (e.g. Planned Unit Development, utilization of
provisions, etc)
as permitted in this chapter.
at
(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 OF in requirements as provided in this section
requires completion of the conditional use permit process outlined in §
153.028(D).
(b) Final appr-eval of pafkiag and driveway drainage plans asseeiated with
conditiona
lndit;..na , fmit request shall leo provided ; writing by he-
r .. Development
�;�Dor ,, E,,,o„t E,, g;,,vo,.;,, , o eater- t
gr
the portion of building pefmit fee alleeated for engineer- plan Feview shall
be paid by apheant p tooceupaney ofstfuetur-e. 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 Iroof o�
parking" plan so approved through a Conditional Use Permit.
(e) Only properties whieh have existing 1.,,ildi gs and are being expand
,dole f a new use shall be eligible for- this e ,nide fl,1 use
permit.
(dc) The applicant must show, and the Planning Commission must find,
that there are existing nonconformities of the property orspecific
circumstances related to site conditions w -hie>, are being eliminated by the
remodeling which justify a deferral to the paving,
landscaping, or curbing requirements.
(e4) 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.
(€e) 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.
.N
(F) Standards applicable to residential uses.
SECTION 31.
(1) Location of required parking in residential areas.
(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. For single-
amily and two-family dwellings, parking shall be located asfound in
Table 4-9 and Figure 4-11. Parking on any side of any detached
accessory structure shall be prohibited except in such case that the
detached accessory structure is the only,garage for the properiy.
(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 an two family dwel ings a,. dag
shall ieeatedas found in Table4-9,and Fi-gtir-€ 4-11.
§ 153.067 OFF-STREET PARKING, TABLE 4-9 is hereby amended
to read as follows:
TABLE 4-9 YARD FO REQUIREMENTS FOR OFF-
STREET PARKING AREAS & DRIVEWAYS IN RESIDENTIAL AREAS
Location
Diagram
Passenger
Recreational
Emergency
Small
Other
Area Key
Vehicles
Vehicles
Vehicles
Construction
Notes
Vehicles
Side yard
G
Yes, within
Yes, within a
Yes, within a
Yes, within a
Must
on
a space
space
space
space
maintain
corner lot
consisting
consisting
consisting
consisting of
minimum
facing a
of the 15
of the 15 feet
of the 15 feet
the 15 feet
-36
public
feet
adjacent to the
adjacent to
adjacent to the
foot
street
adjacent
building.
the
building
setback to
to the
(unsurfaced)
building
(surfaced)
side lot
building
(surfaced)
line in all
(surfaced)
cases. T44s
space may
enCFoach
to within 5
feet
of the
„�€
way,
provided
screening
is
t Off a
41
(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.
2. Curb cut access shall be at a minimum three feet from the side yard
property in residential districts.
3.For single and two-family uses, a driveway or other impervious
surface leading to a detached accessory structure in the rear yard
shall require authorization through conditional use permit, unless
such driveway serves a structure in the rear yard that is the only
garage for the residential use.
(c) Residential district garage requirements. In all residential zoning
districts, all detached single-family homes, two-family 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
maximum door hei hit of 9 ft. and 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.
(G) Standards applicable to commercial, industrial and civic/institutional uses.
(2) Vehicular use area design applicable to commercial, industrial &
civic/institutional uses.
(a) Access and curbing.
42
(c) Perimeter vehicular use buffer.
1. Open, non-residential off-street parking areas shall be designed
to screen headlights -from abutting ^r s,,,...,,,,ndin . 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:_
(3) Joint facilities for commercial, industrial & civic/institutional uses. The Gi
Couneil may, after- r i i _ -port and recommendation from the Planning
aA 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:
(4) Cross parking facilities for commercial, industrial & civic/institutional uses.
Adjoining business properties may allow cross parking and/or access if
authorized by a Conditional Use per the requirements of Section 2.4(D) and
subiect the following conditions:
(a) The required island and landscaping requirements in e 153.060
are met.
(b) The vehicular use area meets the required setback at the perimeter
of the parcels in question.
(c) The curb cut access locations to the parking loth are approved by
the Ci .
(d) A shared parking/access and maintenance agreement is provided
by the parking owners and recorded against all subject properties.
(e) 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
Citv Administrator and recorded with the Countv Recorder.
SECTION 32. § Section 153.069 GRADING DRAINAGE, STORMWATER
MANAGEMENT AND EROSION CONTROL is hereby amended to read as
follows.
(A) Purpose.
(4) This chapter is intended to meet the current construction site erosion and
sediment and waste control and post -construction stormwater management
regulatory requirements for construction activity and small construction activity
43
(NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15),
respectively.
(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"):
(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 or if' roiect meets the definition
of common plan of development that covers one (1) acre or more.. A stormwater
pollution prevention plan must be prepared and must meet the NPDES
requirements and conform to the SVWPPP standards specified in the MPCA
NPDES construction general permit (Permit No: MN R10001).
SECTION 33. § 153.070 BUILDING MATERIALS is hereby amended to read as
follows.
(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 fagade 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 when consistent with the principal structure. 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 fagade
treatments prior to building permit throw plan review when additional
architectural detailing so warrants. Such detailing may include usable front
porches, extraordinary roof pitch or other features.
(3) R -A and T -N Districts. 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
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 when consistent with the principal structure. 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 The R-3 and
R-4 District and other districts with multiple -family housing shall be subject to
building material standards as follows:
(a) aAll building walls facing a public street shall be covered with
stone, brick, cultured masonry simulating brick or stone, or other
enhanced materials .,eeeptable to the City Gotmeil to an extent not less
than 20% of the exposed wall silhouette area. In addition,
(b) mMultiple-family structures of 13 or more units shall, when using
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 s.heFe approved by the
(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 § 153.07OLor
Business District Requirements. In the case of a conflict between these standards,
the stricter of the standards shall be annlied.
SECTION 34.
§ 153.090 USE TABLE is hereby amended to read as follows.
(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; ^��se; 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.
TABLE 5-1: USES BY DISTRICT
Use Types
Base ZoningDistricts
"P" = Permitted
"C" =
Additional
Conditionally
A
R
R
R
T
R
R
M
B
B
B
B
C
P
1
1
1
Requirements
Permitted
O
A
1
2
N
3
4
H
1
2
3
4
B
I
2
"I" = Interim
D
D
Permitted
CommercialE
P
P
77
lodging
P
�
i
Commercial
C
self -storage
a
Day care
C
C
C
P
P
C
centers
Financial
P
E
P
Institution
P
`A
45
Retail service P P P
in the pointes
SECTION 35.
§ 153.091 USE SPECIFIC STANDARDS is hereby amended to read as
follows.
(C) Regulations for residential uses.
(2) Attached dwelling.
(a) Regulations applicable to all attached dwelling types.
(b) Duplex and Two -Family Dwellings
(d) Multiple family.
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 r,,,.,,.,t,.w Revitalization D'a"
Ci 's Comprehensive Plan and detailed in the Comprehensive
Plan Amendment entitled "Downtown Monticello Small Area
Plan "
(4) Manufactured homes/manufactured home park.
(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:
b. Each designated mebileanufactured home site shall not
be less than 2,500 sf.
8. Accessory Structures
a. Accessory storage buildings serving the overall park and not
an individual unit in manufactured home parks, if not reviewed
.e
and approved as part of a PUD, shall be conditionallypermitted
subject to the following additional requirements:
(i) 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.
(ii) Accompanying outdoor storage areas shall befull
screened from surrounding manufactured home units and
adjacent properties.
b. For individual residential units within a mobile or
manufactured home park, the following standards shall apply:
(i) Only one detached accessory structure, maior or minor,
shall be allowed.
(ii) The maximum area of a detached accessory structure
shall be 300 square feet.
(iii) The maximum height of the structure shall be 1 S' as
measured at the median height of the roof
(iv) The detached accessory structure may not be located
between the front line of the residential unit and the park
access road.
(v) Such structure shall be located five (5) feet from any
other structure.
(vi) The location of accessory structures shall be permitted
only with the permission of the manufactured home park
owner.
(vii) Detached accessory structures exceeding 300
square feet shall require authorization through
conditional use permit, which shall be subject to the
following requirements:
A. Permission of the park owner.
B. Detached accessory structure shall have access to
the park road.
C. No other detached accessory structure shall be
permitted.
D. The maximum heip_ht of the structure shall be 15' as
measured at the median height of the roof
47
(D) Regulations for civic and institutional uses.
(2) Assisted living facilities.
(a) The development must be contained on an independent simile parcel;
30% of the parcel must be preserved as open space at least two-thirds of
which shall be useable.
(e) The site of the main epAr-anee of the prineipal use is seFved or- is loeated
with, 400 feet o f f-e,.ula - transit
(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, or the maximum established in the district, whichever is less.
(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.
(d)Side yards shall be double the minimum requirements established for
the applicable district.
(e)When abutting a residential use in a residential use district, the
property shall be screened with an aesthetic buffer (Table 4-2, Buf er Type
"B ") in accordance with section 4.1(G) of this ordinance.
(OAdequate of -street parking and access is provided in compliance with
Section 4.8 of this ordinance and that such parking is adequately screened
and landscaped from surrounding and abutting residential uses in
compliance with Section 4.1 LF) of this ordinance.
(g)Adequate off-street loading and service entrances are considered and
satisfactorily provided in accordance with Section 4.9 of this ordinance.
(h)Exterior li hating standards outlined in Section 4.4 of this ordinance
shall be met.
(7) Public buildings or uses:
(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 section 4.1(G) of this ordinance.
(b) Conformity with the surrounding neighborhood is maintained and
required setbacks and side yard requirements are met.
(c) Adequate off-street parking and access is provided on the site or on
lots directly abutting the use in compliance with Section 4.8 of
this ordinance and that such parking is adequately screened and
M.
landscaped from surrounding and abutting residential uses in compliance
with Section 4.1 (F) of this ordinance.
(d) Adequate of -street loading and service entrances are considered and
satis actorily provided in accordance with Section 4.9 of this ordinance.
(d e) Exterior lighting standards outlined in Section 4.4 of this ordinance
.shall he met_
(E) Regulations for commercial uses.
(1) Adult uses: See - 153.046UT)
(2) Auction house.
(m) All outside storage and outdoor sales and display, 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.
(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, maintenance free vinyl or masonry wall in
accordance with § 153.062, Fences & Walls.
(a When abutting a residential use, the property_shall be screened with at
least a semi-opaque buffer in accordance with (Table 4-2, Buffer Type "C'�
in accordance with .& 153.060Lq) of this ordinance.
(4) Automotive wash facilities.
�!U PWMM
srs
r m=
■
MM
I
M
(7) Commercial lodging.
(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 designr-eview is eendueted by the Planning
ceffifflissie .
3. The proposed use demonstrates compatibility and consistency
with the City's Comprehensive Plan and the T,,,w,,*,...,,,
Revitalization P! as detailed in the Comprehensive Plan
Amendment entitled `Downtown Monticello Small Area Plan.
(11) Day care center.
(d) In addition to divisions (a) through (c) above, day care centers in the
IBC and I-1 district, shall adhere to the following additional requirements:
(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 Citv Ordinance.
(d)No auctions shall take place on the premises.
50
(e)Hours of operation shall be limited to 7:00 AM -10: 00 PM.
(0 All li hating shall be in compliance with Section 4.4 of this ordinance.
(17) Kennels (commercial):
(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.
(d) All kennels shall operate in conformance with Ciiy Code requirements
and licensures.
(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 .,djaee t p „o, -ties o right of'.. ay shall.
be lifnited t..plants , gloss other -wise appr-eved by the City Getineil.
(20) Offices (commercial). Regulations for- ^ffi^e
(a) Outdoor storage and Accessory Building — Maio r shall be prohibited.
(21) Offices (professional) includingfinancial institutions.
(a) Outdoor storage and Accessory Buildin—MMaior shall be prohibited.
(22) Personal services.
(a) Outdoor storage and Accessory Building — Maior shall be prohibited.
(b) Drive-thru service shall require authorization through conditional use
hermit in accordance with Section 5.2 of this ordinance.
(25) Repair establishments.
(a) Outdoor storage and Accessory Building — Major shall be prohibited.
(26) Restaurants.
(c) Restaurants having drive-through facilities shall require a conditional
use permit and comply with the following standards:
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.
51
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.
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
1,,.....,4,.w- Revitalization Plan as detailed in the
Comprehensive Plan Amendment entitled "Downtown
Monticello Small Area Plan.
(27) Retail commercial uses (other).
(a) If the retail sales includes consignment sales, the following standards
shall apply:
i Sales and storage shall not o oa 1,000 s o feet ;
2 At least 800 of the sales shall be ,.v,.,.nsigne mer-ehandise-.
31. No auctions shall take place on the premises.
42. There shall be no outside storage.
(28) Specialty eating establishments.
(a) Drive through service, if .,ppr-eve e within the
pplie ble distfietl shall be reviewed through the conditional use permit
process and shall be located to the side or rear of the building whenever
feasible.
(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)A principal buildingis wherever fuel pumps are to be
installed, which square footage shall be a minimum of 10% of the total lot
area.
(b c) Wherever fuel pumps are to be installed, pump islands shall be
installed.
(e d) All signing and informational or visual communication devices shall
be minimized and shall be in compliance with § 153.064.
(d d) Provisions are made to control and reduce noise.
52
(el) 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 property.
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 r,owni,,,,,,,
Revitalization Planas detailed in the Comprehensive Plan
Amendment entitled "Downtown Monticello Small Area Plan".
(30) Vehicle sales or rental.
(g) There is a minimum lot area of 22,500 square feet and minimum lot
dimensions of 150 feet by 130 feet. ^ drainage system subjeet to the
approval of the Community Development Department shall be installed.
(h) A drainage system subject to the approval of the Community
Development Department shall be installed.
(F) Regulations for industrial uses.
(1) Automobile repair - major.
(g) The advet4ising wall f4eing the publie right of way shall eensist of no
more than 500% metal material.
monotony of a single eoler- flat sur-faee-.
(3) Commercial self -storage facilities.
(a) 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 and shall be authorized
through establishment of a planned unit development.
53
(11) Machinery/trucking repair & sales and ind- trig'
(14) Recycling and salvage center.
(c) Except for a freestanding office, no part of the center shall be located
within 4725 feet of any property line, or the minimum buffer yard setbacks
required in § 153.060(G), whichever requires
the greater setback.
SECTION 36. § 153.091 USE SPECIFIC STANDARDS, Division (F) Regulations for
industrial uses is hereby amended to add the following subsection and
renumber sections accordingly.
(8) Industrial services.
(a) The entire site other than that taken up by a building, structure, or plantings _ shall
be paved.
(b) A drainage system subject to the approval of the Community Development
Department shall be installed.
(c) 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 Section 4.4 of this ordinance.
(d) When abutting a residential use, the property shall be screened with an opaque
buffer (Table 4-2, Buffer Type "D") in accordance with section 4.1(G) of this
ordinance.
(e) Parking or car magazine storage space shall be screened from view of abutting
properties and the public right of way in compliance with Section 4.1(F) of this
ordinance.
(f) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 4.5 of this ordinance.
54
(g) Provisions are made to control and reduce noise.
(h) No outside storagept as permitted or conditionally_ permitted in compliance
with Section 5.3(D)(26) of this ordinance.
(i) If the business requires the use of large commercial vehicles or other large
machinery, a specific area shall be designated for the exterior storage of the
vehicles and equipment.
SECTION 37. § 153.092 ACCESSORY USE STANDARDS is hereby amended as
follows:
(B) General standards and limitations for 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 without an encroachment akreement issued by
the Community Development Department;
(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;
55
(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).
SECTION 38. § 153.092 ACCESSORY USE STANDARDS, TABLE 5-4:
ACCESSORY USES & STRUCTURES is hereby amended as follows:
TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT
Use Types
Base ZoningDistricts
"P" = Permitted
"C" =
Additional
Conditionally
A
R
R
R
T
R
R
M
B
B
B
B
C
P
I
I
I
Requirements
Permitted
O
A
1
2
N
3
4
H
1
2
3
4
1
2
"I" = Interim
D
D
C
Permitted
Drive-through
g
g
g
P
P
P
§153.092(D)(14)
C
services
C
C
C
a
C
C
C
Office
P
P
P
P
P
P P
P_
none
Outdoor
P
P
P
P
P
P
P
P
P
P
Residential
storage
/
/
§ 153.092(D)(27)
C
C
(a)
Industrial
§ 153.092(D)(27)
b
Sidewalk Ca e
P
P
P
P
City Code
SECTION 39. § 153.092 ACCESSORY USE STANDARDS is hereby amended as
follows:
(D) Additional specific standards for certain accessory uses.
(2) Accessory building — major.
(a) In all residential districts except M -H, the following shall
apply:
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.
56
(b) In the M -H district, the folio of§
153.091 (C)(4
) (8) shall apply.:
tl�NA0.1eAlrlAIINl��91NNAl1iMMrII�II�A
(35) Trash handling and recycling collection area.
(a) Multiple -family structures with more than four dwelling units
shall adhere to the following:
1. All large trash handling and recycling collection area(s)
shall be:
located within the principal structure and be
totally screened from public view by the principal
building
SECTION 40. § 153.092 ACCESSORY USE STANDARDS, TABLE 5-5 REQUIRED
STACKING SPACES FOR DRIVE-THRUS is hereby amended as
follows:
TABLE 5-5: REQUIRED STACKING SPACES FOR DRIVE-THROUGHS
Use or Activity [ 1 ]
Minimum number of
Stacking Spaces (per
lane
Measured From [2]
Specialty Eating Establishments - Coffee
12
Window
shops
Restaurants
-5 8 per order board
Pick-up window
57
SECTION 41. § 153.092 ACCESSORY USE STANDARDS is hereby amended to
add the following subsection and subsequent subsections shall be
reordered accordingly.
(31) Sidewalk Cafe
(a) Sidewalk cafes shall be subject to the requirements of City
Code, Chapter
SECTION 42. § 153.093 TEMPORARY USE STANDARDS is hereby amended as
follows:
(C) General standards for temporary uses. Temporary uses, structures, or events shall
comply with the following:
(1) Obtain the appropriate permits (as required), including the signature of the
property owner on which the temporary use is proposed;
(E) Specific standards for temporary uses.
(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 ^ ,.o, uir-e (tont .,^,.a On an unimproved or unpaved surface;
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.
(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 -29 6 feet from all other structures
and tents;
(c) Not exceed more than two one on a single parcel (the Community
Development Department may approve more than two as a part of a
special event permit on a single parcel ;
W.
(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.
SECTION 43. § 153.106 AUTHORITY TO CONTINUE is hereby amended to read as
follows:
(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.
(2) A structure which becomes nonconforming to a required setback or setbacks
shall be viewed as a legally nonconforming structure, subject to all conditions for
such structure as outlined in this ordinance, and may be continued, including
through repair, replacement, restoration, maintenance, or improvement, but not
including expansion, except as allowed by paragraph H below.
SECTION 44. § 153.124 ENFORCEMENT GENERALLY is hereby amended to read as
follows:
(B) General inspections.
(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 or related state statute
are being complied with and to enforce this chapter or related state statute. No
unrelated 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
W
occurs if the search is reasonable. Probable cause does not depend on specific
knowledge of the condition of a particular property.
SECTION 45. § 153.999 PENALTY is hereby amended to read as follows:
(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. No related city permit, license or other approval will be issued to a
person or property that has an outstanding notice of violation that is not beim
appealed, or is not subject to the provisions of a stipulation, order or settlement
re,zarding that violation.
SECTION 46. The City Clerk is hereby directed to make the changes required by this
Ordinance as part of the Official Monticello City Code, Title XV, Chapter
153, Zoning Ordinance, and to renumber the tables and chapters
accordingly as necessary to provide the intended effect of this Ordinance.
The City Clerk is further directed to make necessary corrections to any
internal citations that result from said renumbering process, provided that
such changes retain the purpose and intent of the Zoning Ordinance as has
been adopted.
SECTION 47.
This Ordinance shall take effect and be in full force from and after its
passage and publication. The ordinance in its entirety and map shall be
posted on the City website after publication. Copies of the complete
Ordinance and map are available online and at Monticello City Hal
Lloyd Hilgart, Mayor
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AYES: Gabler, Hilgart, Hinz, Martie, and Murdoff
NAYS: None