City Council Ordinance 612ORDINANCE NO. 612
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 10 OF THE MONTICELLO ZONING CODE
FOR THE FOLLOWING SECTIONS:
CHAPTER 2, SECTION 3(I) — TABLE 2 -2: WRITTEN NOTIFICATION
REQUIREMENTS
CHAPTER 2, SECTION 4 — SPECIFIC REVIEW PROCEDURES &
REQUIREMENTS
CHAPTER 5, SECTION 3(C) — TABLE 5 -4: ACCESSORY USES BY DISTRICT
CHAPTER 5, SECTION 3(D) — ADDITIONAL SPECIFIC STANDARDS FOR
CERTAIN ACCESSORY USES
CHAPTER 8, SECTION 4 — DEFINITIONS
THE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA, HEREBY
ORDAINS:
Section 1. Section 2.3 — Common Review Procedures & Requirements, Title 10 — Zoning
Ordinance is hereby amended as follows:
Table 2 -2: Written Notification Requirements
Application Type:
Comprehensive Plan Amendment
Written Notice Provided to:
,49property eimers within
and replace with:
For amendments which involve five acres of land or less, written notice
shall be provided to all property owners within 350 feet
For amendments which involve more than five acres of land, notice need
only be published within the City's official newspaper.
Section 2. Section 2.3 — Common Review Procedures &Requirements, Title 10 — Zoning
Ordinance is hereby amended as follows:
Table 2 -2: Written Notification Requirements
Application Type:
Planned Unit Developments
Written Notice Provided to:
All property owners within 5" 350 feet
Section 3. Section 2.4(B) — Zoning Ordinance Text and Zoning Map Amendments, Title 10
— Zoning Ordinance is hereby amended as follows:
(2) Initiation of Proceedings
ORDINANCE NO. 612
Proceedings for the amendment of the text of this ordinance or the zoning map
shall be initiated by one of the following:
(a) An owner of property or an authorized representative of an owner pursuant to
Section 2.3(B), Authority to File Applications;
(b) Action Reeemmendation of the Planning Commission; or
(c) Application by the Community Development
Department; or
(d) Action of the City Council.
Section 4. Section 2.4(G) — Appeal of Administrative Decisions, Title 10 — Zoning
Ordinance is hereby amended as follows:
(3) Procedure
(b) Review by the Board of Adjustment and Appeals
(iv) Decisions of the Board of Adjustment and Appeals are final unless
the aMegant an affected party_files a second written appeal
outlining the basis for the appeal within five (5) business days of the
decision.
(c) Review by the City Council
(i} Upon receiving a second written appeal of the decision rendered by
the Board of Adjustment and Appeals, the Community
Development Department shall place the matter on the next
available agenda of the City Council scheduled at least seven (7)
days after the date of the appeal
Section 5. Section 5.3 — Accessory Use Standards, Title 10 — Zoning Ordinance is hereby
amended as follows:
Table 5 -44: Accessory Uses by District
Open Sales: delete as an allowable accessory use in all residential zoning
districts by removing "P" under RA, R1, R2, TN, R3, and R4.
Outdoor Storage: delete as an allowable accessory use in all business districts by
removing "C" under B3, B4, and CCD.
Outdoor Storage: change "Additional Requirements" to the following:
Residential Districts subject to 5(3) (D) (24) (a)
Industrial Districts subject to 5 (3) (D) (24) (b)
ORDINANCE NO. 612
Section 6. Section 5.3(D) — Additional Specific Standards for Certain Accessory Uses, Title
10 — Zoning Ordinance is hereby amended as follows:
(21) Open Sales
Delete section (a) - (i) thru (vii) in its entirety.
(23) Outdoor Sidewalk Sales and Display
Outdoor sidewalk sales and display areas associated with legally permitted retail
uses shall:
(a) Not encroach into areas necessary for the safe ingress and egress into the
retail structure.
(b) Maintain a minimum pedestrian walkway of at least five feet in width along
the front of the display.
(c) Take place only on an improved dustless surface.
(d) May not take up required parking.
(e) The area of the site devoted to sidewalk sales and display under this
section shall not exceed five (5) percent of the gross floor area of the
principal use. Sidewalk sales and display which exceed five (S) percent of
the gross floor area of the principal use may be allowed by conditional use
permit.
(24) Outdoor Storage
Delete section (b) — (i) thru (ix) in its entirety.
Section 7. Section 8.4 — Definitions, Title 10 — Zoning Ordinance is hereby amended to
change the following definitions:
OPEN SALES: Any open land used or occupied for the purpose of buying, selling, and /or
renting merchandise and for the storing of same prior to sale. This use includes all
outdoor sales and display of goods and /or materials that are not specifically addressed
as Outdoor Storage, Sidewalk Sales & Display, or Off - Street Vehicle Parking.
OUTDOOR STORAGE: The keeping, in an un- roofed area, of any goods, material,
merchandise, or vehicles in the same place for more than twenty -four (24) hours. This
shall not include the display of vehicles for sale in a new or used car sales lot. Sueh
aetivid,as may he the prinei]pal use q
the land or as- an aeeessoryus-e to anothe
ppinqpal .
PARKING, OFF - STREET: The act of keeping a passenger vehicle as defined herein
and /or small commercial vehicles, recreational vehicles and emergency vehicles as
defined herein, on an approved parking space, properly surfaced, for a temporarypeHe
of "e period of less than twenty four (24) hours.
ORDINANCE NO. 612
SIDEWALK SALES & DISPLAY, OUTDOOR: Outdoor sale and display, conducted as
an accessory, incidental activity by the proprietor, of products normally sold inside a
retail establishment, subject to the limitations identified in this ordinance.
VEHICLE FUEL SALES: Buildings and premises where gasoline, oils and greases,
batteries, tires and automobile accessories may be supplied and dispensed at retail (or in
connection with a private operation where the general public is excluded from use of
facilities), and where in addition, the following services may be rendered and sales made,
and no other:
• "Automotive Repair — minor" as defined by this ordinance;
• Sales of cold drinks, packaged foods, tobacco, and similar convenience goods for
filling station customers, as accessory and incidental to principal operation;
• Provision of road maps and other informational material to customers; and
• Provision of restroom facilities, but not including showers.
Uses permissible at a vehicle fuel sales establishment do not include "Automobile Repair
— major" as defined by this ordinance, major mechanical and body work, straightening of
body parts, painting, welding, storage of automobiles not in operating condition, or other
work involving noise, glare, fumes, smoke or other characteristics to an extent greater
than normally found in filling stations. Vehicle fuel sales establishments are intended
for the servicing and delivery of goods to passenger vehicles and small commercial
vehicles. Facilities for sales to large trucks may be included, but shall not include
activities that would constitute uses most commonly found at a truck stop, such as
showers, truck washes, truck parking or truck storage for more than temporary periods
necessary to purchase and pay for retail goods.
TP
w
Section 8. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, 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 and diagrams that result from such
amendments, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
Section 9. This Ordinance shall take effect and be in full force from and after its passage and
publication. Revisions will be made online after adoption by Council. Copies of
the complete Zoning Ordinance are available online and at Monticello City Hall.
ORDINANCE NO. 612
ADOPTED BY the Monticello City Council this 23rd day of February, 2015.
CITY OF MONTICELLO
_....
rian Stumpf, Mayor
ATTEST:
0-'q� C-524ca--/
ieefrweill, City Administrator
VOTING IN FAVOR: Stumpf, Hilgart, Gabler, Posusta
VOTING IN OPPOSITION: Perrault