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City Council Ordinance 561ORDINANCE NO. 561 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 — MONTICELLO ZONING ORDINANCE OF THE MONTICELLO CITY CODE RELATED TO: SECTION 3.3 — COMMON DISTRICT REQUIREMENTS SECTION 4.1 - LANDSCAPING SECTION 4.4 — EXTERIOR LIGHTING SECTION 4.5 — SIGNS SECTION 4.8 — OFF - STREET PARKING SECTION 4.9 — OFF - STREET LOADING SPACES SECTION 5.1 — USE TABLES SECTION 5.2 — USE - SPECIFIC STANDARDS SECTION 5.3 — ACCESSORY USES SECTION 5.4 — TEMPORARY USES SECTION 8.2 — RULES OF MEASUREMENT SECTION 8.4 - DEFINITIONS THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS. Section 1. Section 3.3 — Common District Requirements, Title 10 - Zoning Ordinance Zoning Ordinance is hereby amended as follows: 3.3 (D)(2)(a) — Allowable Yard Encroachments (iii) In rear and side yards: recreational and laundry drying equipment, arbors and trellises, bal conies, breeeewaps, pnenporeh decks, major and ininor accessory buildings, and air conditioning or heating equipment subject to the following conditions: 1. Setback requirements of environmental protection districts shall remain applicable. 2. A side yard setback of six (6) feet shall be maintained for all interior lots. 3. A setback of twenty (20') feet shall be maintained from property lines abutting public streets. 3-4. A rear yard setback of ten (I$) six (6) feet shall be maintained. 4.5. No encroachment shall be permitted within an existing or required easement. Section 2. Section 4.1 — Landscaping, Title 10 — Zoning Ordinance is hereby amended as follows: 4.1(I) — Standards for Required Screening (2) Items to be Screened ORDINANCE NO. 561 The following areas shall be screened in accordance with this section: (a) Anything specifically called out by this ordinance as requiring screening. (b) Large trash handling and recycling collection areas (e.g., dumpsters and cardboard recycling containers); (c) Leading and service ° °°; All loading and service areas shall be screened and landscaped from abutting and surrounding residential uses and public rights of way. (d) Allowed outdoor storage areas adjacent to a public right -of -way; (e) New construction, demolition, or other site conditions that could be unsafe for pedestrians or vehicles. Section 3. Section 4.4 — Exterior Lighting, Title 10 - Zoning Ordinance Zoning Ordinance is hereby amended as follows: 4.4 (I) — Sign Lighting Lighting fixtures illuminating signs shall comply with the standards of this section, and smehfiWures sholl 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. Section 4. Section 4.5 — Signs, Title 10 - Zoning Ordinance Zoning Ordinance is hereby amended as follows: 4.5 (D) — Prohibited Signs (2) All off premises signs greater than six (6) square feet in area, except that the City may permit certain temporary signs to display messages for Community Informational Signs not related to the premises on which they are displayed. 4.5 (I) - Temporary Signs Insert this section: (5) Any temporary sign permitted under this section shall be required to display messages related only to the activity on the premises on which the temporary sign is located, with the exception that such sign may display messages defined as Community Informational Signs. The display of Community Informational signage shall not add to the number of days of temporary sign display allotted to a particular premises, business, or property by this section, and any such sign shall comply with all other regulations of this Chapter. Section 5. Section 4.8 — Off - Street Parking, Title 10 - Zoning Ordinance Zoning Ordinance is hereby amended as follows: 4.8 (E)(2) — Vehicular Use Area Design (a) Curb Cuts and Access ORDINANCE NO. 561 (vii) Except for single, two - family, and townhouse residential development (and as otherwise noted in this ordinance), all open vehicular use areas shall have a perimeter concrete curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. 4.8 (E)(2)(b) — Stall, Aisle and Driveway Design Insert the following diagram: '"mil .�,..,.l Table 4.7 — Minimum Off - Street Parking Spaces by Use Uses (continued) Restaurants .,.,e...,.:.. .o in once. Sit Do%w Sit DowntDining 1.0 space for each forty (40) square feet of gross floor area of dining and Area bar area DAve- Areugh-ResteuFants— Pick -Up or 1.0 space for each fifteen (15) square feet of gross floor area but not less Counter Area than fifteen (IS) spaces Kitchen Area 11.0 space space for each eighty (80) square feet of kitchen area Section 6. Section 4.9 — Off - Street Loading Spaces, Title 10 - Zoning Ordinance Zoning Ordinance is hereby amended as follows: 4.9 (E) — Screening ORDINANCE NO. 561 Fwc pi in the ease of mufti le ihvellings, ..ill loading areas shall be screened and landscaped in compliance with Section 4.1(I), of this ordinance. Section 7. Section 5.1 — Use Table, Title 10 — Zoning Ordinance is hereby amended as follows: Table 5 -1: Uses by District Amend with the following additions and changes: Residential Uses: Attached Dwelling Types — Single- Family • Permitted in B -1 District Residential Uses: Group Residential Facility, Multi - Family • Conditional in R -2 and R -3 Districts Civic & Institutional Uses: Clinics/Medical Services • Permitted in B -2, B -4, and CCD Districts • Conditional in B -1 and IBC Districts Commercial Uses: Commercial Lodging • Permitted in B -4 and IBC Districts • Conditional in B -3 and CCD Districts Commercial Uses: Convenience Stores Retail • Permitted in B -2, B -3, and B -4 Districts • Conditional in B -1 District Commercial Uses: Funeral Services • Permitted in B -2, B -4, and CCD Districts Commercial Uses: Hotels or Motels • Replaced by Commercial Lodging Section 8. Section 5.2 — Use - Specific Standards, Title 10 — Zoning Ordinance is hereby amended as follows: 5.2 (C) Regulations for Residential Uses (3) Group Residential Facility (a) Licensed day care facilities qualifying as group residential facilities shall adhere to the following: (a) (i) No overnight facilities are provided for the children served. Children are delivered and removed daily. (b) (ii) Adequate off - street parking and access is provided in compliance with Section 4.8 of this ordinance. ORDINANCE NO. 561 (e) (iii) Adequate off - street loading and service entrances are provided in compliance with Section 4.9 of this ordinance. (d) (iv) The site and related parking and service shall be served by an arterial or collector street of sufficient capacity to accommodate the traffic which will be generated. (e) (v) All signing and informational or visual communication devices shall be in compliance with Section 4.5 of this ordinance. (f) (vi) The uses shall requW authorization I rough a conditional use permit f flowing the provisions of Seetion o ems ojc!& .. ordinanee. (g) (vii) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured. (b) Group Residential Facility, Multi - Family (i) Group Residential Facility, Multi - Family shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance. Section 9. Section 5.3 —Accessory Uses, Title 10 — Zoning Ordinance is hereby amended as follows: 5.3 (B) - General Standards and Limitations for Accessory Uses and Structures (3) Location of Accessory Uses or Structures Except for fences and walls, the following standards shall apply to all accessory structures: (a) All accessory structures, except as may be specifically denoted, shall be located at least six (6) feet from all lot lines, and at least the minimum distance from public rights -of -way as denoted in the individual zoning district regulations. (i) A sideyard setback of twenty (20') feet shall be maintained from property lines abutting public streets. 5.3 (C) - Table 5 -4: Accessory Uses by District Insert the ollowing: Entertainment/Recreation — Outdoor Commercial • Conditional in B -3, B -4, CCD, and IBC Districts — 5.3(D)(12) 5.3 (D) — Additional Specific Standards for Certain Accessory Uses Insert the following section and renumber accordingly_ ORDINANCE NO. 561 (12) 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 section 4.l (G) of this ordinance. (b) Adequate measures to contain the proposed activity on the subject site shall be provided (c) Dust and noise are controlled consistent with City Ordinance. Section 10. Section 5.4 -Temporary Uses, Title 10 —Zoning Ordinance is hereby amended as follows: 5.4 (D) - Table 5 -6: Temporary Uses & Structures Adiust as shown: Section 11. Section 8.2 —Rules of Measurement, Title 10 —Zoning Ordinance is hereby amended as follows: 8.2 (B) Lots (1) Definitions/Measurement (g) Lot Line (see Figure 8 -3) (i) Corner Side Lot Line The corner side lot line is a side lot line that abuts a street or other right -of -way. (ii) Front Lot Line The front lot line is the line connecting the two side lot lines along the street right of way having the least width. edge of the street that n .:des a Ws street ..././ «ess or that opposes Section 12. Section 8.4 - Definitions, Title 10 — Zoning Ordinance is hereby amended as follows: 8.4 Definitions The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: APPURTENANCES - The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, open- porehes-, bay windows, roof overhangs, awnings, solar energy systems and similar features. CLINICS /MEDICAL SERVICES (definition remains) er- No see3-44 KI-0l Wayside Stands year en -a -site See Title 3. Chapter 10 of City Code Section 11. Section 8.2 —Rules of Measurement, Title 10 —Zoning Ordinance is hereby amended as follows: 8.2 (B) Lots (1) Definitions/Measurement (g) Lot Line (see Figure 8 -3) (i) Corner Side Lot Line The corner side lot line is a side lot line that abuts a street or other right -of -way. (ii) Front Lot Line The front lot line is the line connecting the two side lot lines along the street right of way having the least width. edge of the street that n .:des a Ws street ..././ «ess or that opposes Section 12. Section 8.4 - Definitions, Title 10 — Zoning Ordinance is hereby amended as follows: 8.4 Definitions The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: APPURTENANCES - The visible, functional, or ornamental objects accessory to, and part of a building, such as chimneys, fire escapes, open decks, stoops, steps, open- porehes-, bay windows, roof overhangs, awnings, solar energy systems and similar features. CLINICS /MEDICAL SERVICES (definition remains) olWWANCE CL 5c1 sy :c: ymo . " ' oW ° ,..,..,. Commercial Lodging means a building or group of buildings in which sleeping accommodations are offered to the public and intended primarily for rental for temporary occupation by persons on an overnight basis, not including bed and breakfast establishments or a rooming house. Such uses may include microwaves and refrigerators for each guest unit. CONVENIENCE -ST-GR RETAIL (definition remains) FUNERAL I40NIE SERVICES (definition remains) 140TEL OR N40 (move to Commercial Lodging) SIGN, COMMUNITY EVENT -A sign displaying information related to a community event open to public when such event is sponsored or operated by a person or organization in a not - for -profit capacity. Qualifying organizations shall include: a) Any organization established under Internal Revenue Code Section as a not - for -profit b) Any other organization or individual registering with the Secretary of State as a not - for-profit c) Any other organization or individual registering with City of Monticello and meeting the requirements established by the the City Council. Section 13. This Ordinance shall take effect and be in full force from and after its passage and publication. The ordinance in its entirety shall be posted on the City website after publication. Copies of the complete Ordinance are available online and at Monticello City Hall for examination upon request. ADOPTED BY the Monticello City Council this 13th day of August, 2012. CITY OF MONTICELLO Clint Herbst, Mayor ATTEST: JefK019M, City Administrator VOTING IN FAVOR: Herbst, Hilgart, Perrault, Posusta, Stumpf VOTING IN OPPOSITION: None