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City Council Ordinance 535ORDINANCE NO. 535 CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 10 — MONTICELLO ZONING ORDINANCE OF THE MONTICELLO CITY CODE SECTION 2.4 — SPECIFIC REVIEW PROCEDURES & REQUIREMENTS SECTION 3.4 — RESIDENTIAL BASE ZONING DISTRICTS SECTION 4.1 — LANDSCAPING AND SCREENING SECTION 4.5 — SIGNS SECTION 4.8 — OFF STREET PARKING SECTION 5.2 — USE -SPECIFIC STANDARDS SECTION 5.3 — ACCESSORY USE STANDARDS SECTION 5.4 —TEMPORARY USES AND STRUCTURES THE CITY CO UNCIL OF THE CITY OF MONTICELL O HEREB Y ORDAINS: Section 1. Section 2.4 — Specific Review Procedures & Requirements, Title 10 - Zoning Ordinance is hereby amended as follows: 2.4 (C) Variances (1) Purpose and Scope The Variance process is intended to provide limited relief from the strict requirements of this ordinance in those cases where strict application of a particular requirement will create an unneeessajFy hardship practical difficulties due to circumstances unique to the individual property under consideration. It is not intended that Variances be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this ordinance may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission. (4) Review (a) Variance Criteria Approval of a Variance may only be made upon a determination that undue hardship practical difficulties will result based on all of the following criteria: Section 2. Section 2.4 - Specific Review Procedures & Requirements, Title 10 — Zoning Ordinance is hereby amended as follows: 2.4 (P) Planned Unit Developments (4) Permitted Locations for PUD Rezoning (a) A rezoning to PUD may be requested for any residential OF commercial, or industrial zoned area. ORDINANCE NO. 535 Section 3. Section 3.4 — Residential Base Zoning Districts, Title 10 — Zoning Ordinance is hereby amended as follows: Section 3.4 (D) - Table 3-4 shall be amended as noted in bold and italics. REQUIRED YARDS (in feet) Max Minimum Minimum Roof Interior Height Minimum Floor Areas Building Pitch & Soffit Street / s Width vertical rise/ Front Side Side Rear (stories (q ft ) [►] feet) (ft) horizontal run) Minimum foundation 6" / 12" Single sizes b home t Family35 10 20 30 2.5 stories y type 24 [-1]-[2) 35 feet 0] [3] no minimum Building soffit 2000 finishable [3]-[4) [1]: For interior lots in R-1 and R A districts, attached accessory structures maybe allowed to meet a 6' setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet. [I][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. [4}[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. [314[4]: Finishable square footage is exclusive of attached accessory space. ■ An attached garage shall be included with all principal residential structures in the R -A district. ■ See Section 5.30 for all general standards and limitations on accessory structures. Accessory n The minimum floor area for all attached accessory structures shall be 700 sq. ft. Structures No portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). ■ See footnote [1] above as related to setbacks for attached accessory structures on interior lots. Other 0Section 3.3. Common District Reauirements Regulations E Section 3.4(B). Standards ADplicable to All Residential Base Zoning Districts, to Consult n Section 4.11. Building Materials (not all - Section 4.8. Off -Street Parking inclusive) - Section 4.1. Landscaping and Screening Standards Section 3.4 (E) - Table 3-5 shall be amended as noted in bold and italics. REQUIRED YARDS (in feet) Max Minimum Minimum Roof Height Minimum Floor Areas Building Pitch & Soffit Front Interior Street Rear (stories / (sq ft) Width (vertical rise/ Side [ I ] Side [3] feet) (ft) horizontal run) Single 10 2.5 stories 1.050 foundation/ 5" / 12" Family 30 [2] 20 30 35 feet 24 no minimum Building 2,000 finishable [4] soffi..........t ........................................................................ ORDINANCE NO. 535 [ I ] in addition to the identified minimum setbacks, the SUM G f beth side . aFd setbacks shall feet. For interior lots in R-1 and R -A districts, attached accessory structure may be allowed to meet a 6'setback, provided that the sum of both side yard setbacks shall be a minimum of 20 feet [2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet or less in the Original Plat of Monticello and Lower Monticello shall be at least six (6) feet. [3]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12 percent. : Finishable square footage is exclusive of attached accessory space. • An attached garage shall be included with all principal residential structures in the R- I district. Accessory m See Section 5.3(61 for all general standards and limitations on accessory structures. Structures v The minimum floor area for all attached accessory structures shall be 550 sq. ft. ■ See footnote [1] above as related to setbacks for attached accessory structures on interior lots. Other Section 3.3. Common District Reauirements Regulations ' Section 3.40. Standards Applicable to All Residential Base Zoninv Districts to Consult n Section 4.11. Building Materials (not all Section 4.8. Off -Street Parking inclusive) Section 4.1. Landscaping and Screening Standards Section 3A. Section 5.3 — Accessory Use Standards, Title 10 — Zoning Ordinance is hereby amended as follows: 5.3 (B) Section 4. General Standards and Limitations for Accessory Uses and Structures (2) General Standards (i) Attached Accessory Buildings (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. (t) Top i nterier lots in he R /i and R 1 r%i -mets-, n irtl-rrnhnr% aeeessef�,, splueture may be allowed to meet a 6fieet side it tnni ni•nnaitnn of 20 innf Section 3.4 — Residential Base Zoning Districts, Title 10 — Zoning Ordinance is hereby amended as follows: 3.4 (F) R-2 Single and Two -Family Residence District Maximum Density through PUD or Performance Standards = 6223 5,445 sq. ft. per unit (7:4 8.0 units per gross acre) Base Density = 12,000 sq ft per unit or 3.6 units per gross acre (10,890 sq. ft. per unit or 4.0 units per acre in the Original Plat as indicated below). ORDINANCE NO. 535 DELETE: imum — 135900 sq ft. Base Lot Width •--Alinimum — 90 -ft-. REPLACE WITH: Minimum Lot Sizes R-2 District Lot Area 12,000 s.f. Lot Width 80 feet Original Plat 10,890 s.f. 66 feet Section 5. Section 3.4 — Residential Base Zoning Districts, Title 10 — Zoning Ordinance is hereby amended as follows: Section 3.4 (G) - Table 3-7 shall be amended as noted in bold and italics. The maximum front yard shall be 30 feet for front load homes and 25 feet for rear load homes. [2]: Finishable square footage is exclusive of attached accessory space. ■ An attached garage shall be included with all principal residential structures in the T -N district. ■ See Section 5.3(6) for all general standards and limitations on accessory structures. Accessory The minimum floor area for all attached accessory structures shall be 480 sq. ft. Structures For front -loaded attached accessory structures, no portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). ■ No private driveway leading to an accessory structure may not exceed 18' in width at the front yard property line. Other aSection 3.3. Common District Reauirements Regulations N Section 3.4(B). Standards Applicable to All Residential Base Zoning Districts. to Consult n Section 4.11. Building Materials (not all Section 4.8. Off -Street Parking inclusive) Section 4.1. Landscaping and Screening Standards Section 6. Section 4.1 — Landscaping and Screening, Title 10 — Zoning Ordinance is hereby amended as follows: 4.1 (J) Zoning District Specific Landscaping Standards REQUIRED YARDS (in feet) Max Height Minimum Floor Minimum Minimum Roof Pitch Front Interior Street (stories / Areas Building & Soffit (vertical rise/ [ 1 ] Side Side Rear feet) (sq ft) Width (ft) horizontal run) Single Family 25 6 25 20 Front Load 2.5 stories 1,050 foundation 5" / 12" Single 35 feet 2000 finishable / [2] 24 No minimum soffit Family 15 6 15 25 Rear Load The maximum front yard shall be 30 feet for front load homes and 25 feet for rear load homes. [2]: Finishable square footage is exclusive of attached accessory space. ■ An attached garage shall be included with all principal residential structures in the T -N district. ■ See Section 5.3(6) for all general standards and limitations on accessory structures. Accessory The minimum floor area for all attached accessory structures shall be 480 sq. ft. Structures For front -loaded attached accessory structures, no portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). ■ No private driveway leading to an accessory structure may not exceed 18' in width at the front yard property line. Other aSection 3.3. Common District Reauirements Regulations N Section 3.4(B). Standards Applicable to All Residential Base Zoning Districts. to Consult n Section 4.11. Building Materials (not all Section 4.8. Off -Street Parking inclusive) Section 4.1. Landscaping and Screening Standards Section 6. Section 4.1 — Landscaping and Screening, Title 10 — Zoning Ordinance is hereby amended as follows: 4.1 (J) Zoning District Specific Landscaping Standards ORDINANCE NO. 535 (2) Traditional Neighborhood (TN) District Landscaping Requirements Lots in the TN district shall adhere to the following additional landscaping requirements: (a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements: (i) 4.0 caliper inches of canopy trees plus 2 ornamental trees or 4.9 2.0 caliper inches of canopy trees + 1 evergreen tree (H) 6-.0 caliper- ;,,ehes rnamental trees (b) No private driveway leading to a garage may be more than 18 feet in width at the front yard property line. Section 7. Section 4.5 — Signs, Title 10 — Zoning Ordinance is hereby amended as follows: 4.5 (H) General Provisions (16) Changeable Copy Signs ADD AND RENUMBER ACCORDINGLY: (a) Changeable copy signs are subject to the following additional regulations: (i) Signs must be permanently anchored to the structure. (ii) Signs must be incorporated within the overall sign structure for both monument and pylon signs and must be consistent in design with the sign structure. Section 8. Section 4.5 — Signs, Title 10 — Zoning Ordinance is hereby amended as follows: 4.5 (H) General Provisions (19) Dynamic Displays (b) Regulations governing Dynamic Signs Displays (i) Dynamic signs displays shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by subpart (iii) of this subsection below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance, including the definition of "scrolling signs." (ii) Dynamic signs displays shall not be permitted in any Residential zoning district. ORDINANCE NO. 535 (iii) Dynamic sign displays shall be permanent signs. (iv) No dynamic sign display shall change more than one time per five (5) three (3) second period, eft time and temperature displays whie may change as frequently as once every three (3) seconds. (v) Dynamic signs displays shall be no brighter than other illuminated signs in the same district. (vi) Dynamic sign displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City's regulations. (vii) Applicants for dynamic sign displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the City shall be authorized to arrange disconnection of electrical service to the facility. (viii) No Dynamic sign Ddisplay shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. Section 9. Section 4.5 — Signs, Title 10 — Zoning Ordinance is hereby amended as follows: 4.5(l) Temporary Signs ADD AND RENUMBER ACCORDINGLY: (4) Businesses or organizations with their activities located in the CCD, Central Business District, may display temporary, off -premise signs by express permit issued by the City Council or the Council's designee where access to commercial areas requires directional signage from the City's arterial roads. Signs allowed under this section shall be considered to be in addition to any other sign allowances, including permanent signage, other on-site temporary signs, or "sandwich board" signs displayed pursuant to Section 4.5(C)(7). Signs allowed under this section may, at the discretion of the Council, be permitted under the following conditions: (i) Off -premise, temporary signs shall be no more than four (4) square feet in area. (ii) Off -premise temporary signs shall be no more than three (3) feet in height. ORDINANCE NO. 535 (iii) Off -premise temporary signs shall be limited to no more than one (1) sign every seventy-five (75) lineal feet of street frontage, but no more than three (3) signs per parcel. (iv) Notwithstanding other regulations to the contrary, such signs may be placed upon the public sidewalk within a City street right of way. Any such sign placed on the public sidewalk shall be located so as to avoid impeding pedestrian traffic, and to avoid visual interference with vehicular traffic. (v) An application for an off -premise, temporary sign shall be accompanied by a written statement of permission from the owner of the private property on which the sign is to located. Such statement shall include an express grant of permission for City inspectors to enter the property for the purpose of inspecting and/or removing said signs. (vi) An application for signs subject to the provisions of this section may be made for a single period of display, or in the alternative, the City may grant approval for annual license for the display of such signs in accordance with Section 2.4(K). Separate fees may be established for single period or annual period permits. (vii) Eligible days for the display of signs subject to this section shall be Thursday, Friday, Saturday, or Sunday only. Section 10. Section 4.8 —Off Street Parking, Title 10 —Zoning Ordinance is hereby amended as follows: Section 4.8 (E) — Table 4-7 shall be amended as noted in bold and italics. Commercial Uses (continued) Retail Commercial Uses In General In which 50% or more of the gross floor area is devoted to storage, warehouses, andlor industry. The number of spaces may be determined by either of the listed options 1.0 space for each two hundred (200) square feet ■ If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space OPTION #11: 8.0 -spaces -OR e0ne (1) space for each two hundred (200) square feet devoted to public sales or service plus one (1) space for each 500 square feet of storage area OPTION #2: 8-0 spaces OR GOne (1) space for each employee on the maximum shift plus one (1) space for each 200 square feet devoted to public sales or service. 1.0 space for each two hundred (200) square feet Specialty Eating EstablishmentsIf in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space 4.0 spaces plus two (2) spaces for each service stall (not pump) Vehicle Fuel Sales Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional parking in Vehicle Sales and Rental ORDINANCE NO. 535 compliance with other applicable sections of this ordinance 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet 1.0 space for each two hundred fifty (250) square feet 1.0 space for each two hundred (200) square feet ■ If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space See Parking Schedule #I [Section 4.8(H)(2)] ... _......... ........... _ See Parking Schedule #2 [Section 4.8(H)(3)] j 8.0 spaces plus one (1) space for each two (2) employees on the maximum shift General Warehousing 1 or, at a minimum, at least eight (8) spaces plus one (1) space for each one thousand (1000) square feet of floor area Section 11. Section 5.2 — Use -Specific Standards, Title 10 —Zoning Ordinance is hereby amended as follows: 5.2 (F) Regulations for Commercial Use ADD AND RENUMBER ACCORDINGLY: (11) Entertainment/Recreation — Indoor Commercial (a) No auctions shall take place on the premises. (b) Outdoor storage shall be prohibited. (c) Noise shall be controlled consistent with the standards of this ordinance. (d) When abutting a residential use, the property shall by screened with an aesthetic buffer (Table 4-2), Buffer Type `B") in accordance with section 4.1(G) of this ordinance. {x(12) Entertainment/Recreation — Outdoor Commercial (a) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 44 2, Buffer Type "C") in accordance with section 4.1(G) of this ordinance. (c) Dust and noise are controlled consistent with City ordinance. and with Minnesota Pollttie GepAr-e rules and rogul tie ADD AND RENUMBER ACCORDINGLY: (22) Specialty Eating Establishments (a) Drive through service, if approved as an accessory use within the applicable district, shall be located to the side or rear of the building whenever feasible. ORDINANCE NO. 535 (b) For all specialty eating establishments, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply: (i) The use shall require authorization through a conditional use permit. (c) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M. (ii) The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use. Section 12. Section 5.2 — Use -Specific Standards, Title 10 — Zoning Ordinance is hereby amended as follows: 5.2 (F) Reszulations for Commercial Use {28} (21) Restaurants (a) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards: (i) The outdoor portions of the restaurant shall not operate after 10:00 P.M unless a Special Event Permit for such events has been approved by the City Council. Such permit supersedes the provisions of City Code 6-1-10 (B). Section 13. Section 5.3 — Accessory Use Standards, Title 10 — Zoning Ordinance is hereby amended as follows: 5.3 (D) Additional Specific Standards for Certain Accessory Uses (22) Outdoor Storage (b) In business and industria districts, the following shall apply: (i) The area is fenced and screened from view of neighboring residential uses in compliance with Section 4.1(I) of this ordinance. (ii) Storage is screened from view from the public right-of-way in compliance with Section 4.1(I) of this ordinance. (iii) Storage area is grassed or surfaced to control dust. (N) When such storage is to include vehicle parking, storage areas must be paved. (v) Vehicle storage may not occur within front or side yards. ORDINANCE NO. 535 (vi) All lighting shall be in compliance with Section 4.4 of this ordinance. (vii) Does not take up parking space as required for conformity to this ordinance. (viii) Noise shall be controlled consistent with the standards of this ordinance. (ix) The use shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance. (c) In the I-1 and I-2 districts, the following shall apply: (i) When abutting a residential district or residential use, the outdoor storage use shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance. (ii) The area is fenced and screened from view of neighboring residential uses in compliance with Section 4.1(1) of this ordinance. (iii) Storage is screened from view from the public right-of- way in compliance with Section 4.1(1) of this ordinance. (iv) Storage area is grassed or surfaced to control dust. (v) Vehicle storage shall not be permitted in front yards. . (vi) Noise shall be controlled consistent with the standards of this ordinance. (vii) All lighting shall be in compliance with Section 4.4 of this ordinance. (viii) Does not take up parking space as required for conformity to this ordinance. Section 14. Section 5.4 — Temporary Uses, Title 10 — Zoning Ordinance is hereby amended as follows: Section 5.4 (D) — Table 5-6 shall be amended as noted in bold and italics. Construction Dumpster Until issuance of certificate Yes Sec 5.4E I a (on public ROW/property) of occupancy or two days Construction Dumpster following expiration or (on private property) finaling of a building permit No Sec 5.4(E1(I 1(b) Construction Trailer Until issuance of certificate Yes Sec 5.4(E)(2) of occupancy Recreational Vehicle Use I month Yes Sec 5.4(�� ORDINANCE NO. 535 Real Estate Office / Model Until 85% occupancy of Yes + Building Permit Sec 5.4(E"4� Sales Home the phase is reached Temporary Mobile Cell 30 days Yes + Building Permit Sec 5.4(E)(5) Site Temporary Sign 40 days per year Yes Sec 4.5(1) Temporary Storage in a 30 days per year Yes Sec 5.4(E)(6) Portable Container Tents, Canopies, Tarp Garages, and Hoop 30 days per year Yes Sec 5.4(E)(71 Buildings Temporary Sale Continuous; up to 5 Farmer's Market months per year on a Yes Sec 5.4(E)(81 single site 4 days per event; Garage/Yard Sale 3 events total per calendar No Sec 5.4(E)(9) year Temporary Merchant See Title 3. Chapter 10 of City Code 3 days per week; Wayside Stands up to 4 months per year No Sec 5.4(E)(101 on a site Special Events 14 days per calendar year, Special Events per parcel unless expressly Yes Sec 5.4(E)(1 11 stated otherwise Section 15. 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. ADOPTED BY the Monticello City Council this 8th day of August, 2011. CITY OF MONTICELLO (?j�7_ ,4' .7 Clint Herbst, Mayor ATTEST: Jeff eill, City Administrator erbs� 1l1- ar l Arrau l f, j�osus�a, ccm VOTING IN FAVOR: /'i ,9 VOTING IN OPPOSITION: /` Ae.