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City Council Ordinance 528ORDINANCE NO. 528 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING SECTION CHAPTER 3 AND CHAPTER 5, SECTION 3.2 (B), TABLE 3-2, OVERLAY ZONING DISTRICTS; SECTION 3.7, OVERLAY ZONING DISRICTS; SECTION 5.1, TABLE 5-1, USES BY DISTRICT; AND DELETING SECTION 5.2 (F)(1), ADULT USES; OF THE MONTICELLO CITY CODE, KNOWN AS THE ZONING ORDINANCE, BY PROVIDING FOR THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT FOR THE PROVISION AND REGULATION OF ADULT-ORIENTED LAND USES, AND AMENDMENTS TO THE OFFICIAL ZONING MAP REFLECTING THE APPLICATION OF SUCH OVERLAY DISTRICT TO SPECIFIC PROPERTIES AS DESIGNATED HEREIN. THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS: Section 1. Section 3.2 (B), Table 3-2 is hereby amended to read as follows: TABLE 3-2: OVERLAY ZONING DISTRICTS A1:10=LF4L01A:*N4A16r *Jk,I Ik:LCE 0 FP W SH FBS PB _SU CCD -R Flood Plain District Wetland District Shoreland District Freeway Bonus Sign District _ Drinking Water Supply Management Area District Performance Based Enhancement District Special --- Use Overla... _... _ CCD Residential Overlay District Section 2. Section 3.7 is hereby amended to add the following: (J) Special Use Overlav District (1) Restrictions on Adult Uses With the adoption of this ordinance. the City of Monticello exercises its authoritv under Minn. Stat. 617.242 Subd. 7 and declares that these re�_Yulations supercede the provisions of Minn. Stat. 617.242. As such, adult uses as defined in this ordinance shall be subject to the following general provisions: (a) Adult Use — Principal activities shall be permitted only in those areas with the BOTH required base zoninc designation and the Special Use Overlav District designation. (b) Activities classified as obscene as defined by Minnesota Statute 617.241 are not permitted and are prohibited. (c) An adult use which does not qualifv as an accessory use shall be classified as an adult use/principal. T ORDINANCE NO. 528 (d) Adult use/principal activities shall be prohibited from locating in anv building which is also utilized for residential purposes. (e) Adult use/principal activities shall not be located on anv parcel that abuts or shares a property line with any of the following parcels or land uses: 1. Residentially zoned property; 2. Agricultural land located in the neighboring township or in the City that is designated in the comprehensive plan for residential use;. 3. A licensed day care center; 4. A public or private educational facility classified as an elementary, middle, junior high, or senior high school; 5. A public library; 6. A public park; 7. A church; 8. Amusement places such as roller rinks, dance halls, and bowling allevs; 9. Liquor sales; (f) Adult use/principal activities shall be located at least four hundred (400) radial feet apart as measured from one another. (g) Adult use/principal activity is a separate use and no two adult use/principal activities shall be located in the same building or upon the same propertv and each use shall be subject to all of the requirements of this section. (h) Adult use/principal activities shall adhere to the following signing regulations:. 1. Sign messages shall be generic in nature and shall only identify the type of business which is being conducted: 2. Sign messages shall not contain material classified as advertising: 3. Sign messages shall comply with the requirements of size and number for the district in which they are located (i) Adult use/principal activities shall be prohibited in establishments where liquor is served. (j) Adult use/principal activities shall be prohibited at anv place or event where minors are permitted. (2) Adult -Oriented Uses — Accessory (a) Adult use/accessory activities shall allowed only as regulated by Section 5.3 (D) (4). ORDINANCE NO. 528 Section 3. Section 5.1, Table 5-1 is hereby amended to read as follows: Agriculture P PIP P P P P IP P I P P P I P I P P P Agricultural Sales P I i Community Gardens I P P P P P P P P P Stables (C Residential Uses Attached Dwelling Types - Duplex - Townhouse - Multiple -Family Detached Dwelling Group Residential Facility, Single Family Group Residential Facility, Multi -family Mobile & Manufactured Home / Home Park Civic & Institutional Uses Active Park Facilities (public) Active Park Facilities (private) Assisted Living Facilities Cemeteries Clinics Essential Services Hospitals Nursing/Convalescent Home Passenger Terminal Passive Parks and Open Space Public Buildings or Uses Schools, K-12 Schools, Higher Education Place of Public Assembly Utilities (major) P _ __ C C P� P' I C I "q"- i -_ I P . i ip P P P P P' P P P P P P P C� C P C' C I , P P P P P P P P P P P P I P P P( P P P P P P I P f C P JC P C C C C C C C C P P P C P P P P P FP P P P PIP P PIP P C P I� P P C C C C C C C C C P P P CIC CIC C P P P P P P P P P I P P I P P I P P C C C C I C I C P C C P P I P C P P( C C C C I I I P C I 1 I I I C C 1 C C C C P C I P P P` P C C C C C C C C C C C C C C C C 5.2(B)(1) 5.2(B"2 5.2(B)(3) 5.2(B)(4) 5.2(C-)(1) 5.2(C)(2)(a) 5.2(C)(2)(b) 5.2(C)(2)(c) 5.2(C)(2)(d) None 5.2(C)(3) 5.2(1Q(3) 5.2(C)(4) None 5.2 D I 5.2 D 2 5.2(D)(3) None None 5.2(D)(4 5.2(D)(5) None None 5.2(D)(6) 5.2(D)(7) None 5.2(D)(8) 5.2 D 9 ORDINANCE NO. 528 Adult Uses Auction House Auto Repair — Minor Automotive Wash Facilities Bed & Breakfasts Boarding House Business Support Services Communications/Broadcasting Convenience Stores Country Club Day Care Centers Entertainment/Recreation, Indoor Commercial Entertainment/Recreation, Outdoor Commercial Financial Institution Funeral Homes Hotels or Motels Kennels (commercial) Landscaping / Nursery Business Personal Services Recreational Vehicle Camp Site Repair Establishment Restaurants Retail Commercial Uses (other) Specialty Eating Establishments Vehicle Fuel Sales Vehicle Sales and Rental Veterinary Facilities (Rural) Veterinary Facilities (Neighborhood) Wholesale Sales 3.7M 5.2(F)(2) 5.2 F 3 5.2(F)(4) 5.2(F)(5) 5.2(F)(6) none 5_2(F)( 5.2(F)(8) 5.2(F)(9) 5.2 F (1 0) none 5.2F II 5.2(F)( 12 5.2 F 13 5.2 F 14 5.2 F 15 5.2(F)(16) 5.2(F)(I 7) 5.2 F 18 5.2(F.)( 19) 5.2 F 20 5.2(F)(21) none 5.2(F)(22) 5.2(F)(23) 5.2(F)(24) 5.2(F)(24) None P P C C C C P C C C P P P Fc C C C C E C 4 P P P P P P P P � P P P I C P 1 P P 1 -7- C1 C1 i C C1 P P P P P C C C C C i C C C iP P C f P P P P P C P C C° P C P P P _.0 C P P P P P P P P j C C P P P P P C P{ C C C C C C C { i I } C C C I C i P P P P 3.7M 5.2(F)(2) 5.2 F 3 5.2(F)(4) 5.2(F)(5) 5.2(F)(6) none 5_2(F)( 5.2(F)(8) 5.2(F)(9) 5.2 F (1 0) none 5.2F II 5.2(F)( 12 5.2 F 13 5.2 F 14 5.2 F 15 5.2(F)(16) 5.2(F)(I 7) 5.2 F 18 5.2(F.)( 19) 5.2 F 20 5.2(F)(21) none 5.2(F)(22) 5.2(F)(23) 5.2(F)(24) 5.2(F)(24) None ORDINANCE NO. 528 Auto Repair — Major Bulk Fuel Sales and Storage Extraction of Materials General Warehousing Heavy Manufacturing Industrial Services Land Reclamation Light Manufacturing Machinery/Truck Repair & Sales Recycling and Salvage Center Self Storage Facilities Truck or Freight Terminal Waste Disposal & Incineration Wrecker Services Section 4. Section 5.2 (F) (1) is hereby deleted and shall be marked "Reserved". Section 5. The Official Zoning Map of the City of Monticello is hereby amended by applying the SP -U, Special Uses Overlay District to the following described parcels. The base zoning districts of the subject parcels shall not be affected by this Ordinance. The City Clerk is hereby directed to mark the Official Zoning Map and republish it in its entirety. C P P P 5.2(G)(1) P P P 5.2(G)(2) 1 I 5.2(G)(3) P P P 5.2 G 4 C ,; I 5.2(G)(5) I f C) C( I C P C 5.2(G)(9) CIC C 5.2(G)(6) P 5.2G7 P P P I 5_2(G)(9) C C C 5.2(G)(10) P �� P 5.2(G)(I I) P P P 5.2(G)(I 2 C �i 5.2(G)(I 3) C C C C C C C C C C C C C CI PIPIP - P C C C P 5.2(G)(I 4) Section 4. Section 5.2 (F) (1) is hereby deleted and shall be marked "Reserved". Section 5. The Official Zoning Map of the City of Monticello is hereby amended by applying the SP -U, Special Uses Overlay District to the following described parcels. The base zoning districts of the subject parcels shall not be affected by this Ordinance. The City Clerk is hereby directed to mark the Official Zoning Map and republish it in its entirety. ORDINANCE NO. 528 ADULT LAND USE PARCELS Parcel PIN Acreage Count 1 155018001011 2.45 2 155018001012 2.64 3 155018001020 2.47 4 155018001021 2.47 5 X155018001030 2.43 6 155018001031 2.43 7 155018002020 7.16 8 155018002030 5.58 9 155018002031 1.90 10 155018002040 7.58 11 155018002050 4.21 12 155018002060 3.08 13 155018002061 2.22 14 155018002070 3.00 15 155018002080 7.46 16 155038001010 0.74 17 155038001020 0.69 18 X155038001030 0.69 19 X155060001010 1.21 20 155060001020 1.37 21 X155060001030 1.93 22 155060001040 2.33 23 155060001050 3.27 24 155092002010 2.00 25 155131001010 3.15 26 155131001020 2.00 27 155131001030 2.00 28 155171000050 34.12 29 155191001010 3.75 30 155194000020 6.67 31 155194000030 5.00 32 155181001010 8.65 33 155188001010 2.14 34 X155188001020 1.28 35 155191000010 1.19 36 155191000020 1.83 37 X155191000030 X12.25 38 155194000040 5.01 39 155500141200 0.17 ORDINANCE NO. 528 Section 6. 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. ADOPTED BY the Monticello City Council this 25th day of April, 2011. ATTEST: 0-/,0/& JO' ?1, City Administrator voTIrrG nv F.avoR: verbs�, 03(tri, VOTING IN OPPOSITION: KpO CITY OF MONTICELLO K Clint Herbst, Mayor krra ud�F , &us4a1 5'�am P �