City Council Agenda Packet 01-10-2011AGENDA
REGULARMEETING–MONTICELLOCITYCOUNCIL
Monday,January10,2011–7p.m.
Mayor:ClintHerbst
CouncilMembers:LloydHilgart,TomPerrault,GlenPosusta,BrianStumpf
1.AdministerOathofOfficetonewlyelectedofficials
1A.CalltoOrderandPledgeofAllegiance
1B.MomentofsilenceinmemoryofRichardSlais
2A.ApprovalofMinutes–December13,2010SpecialMeeting
2B.ApprovalofMinutes–December13,2010RegularMeeting
2C.ApprovalofMinutes–December23,2010SpecialMeeting
3.Considerationofaddingitemstotheagenda
4.Citizencomments,publicserviceannouncements,andstaffupdates
a.CitizenComments:
b.PublicServiceAnnouncements:
1)MLKHolidayhours(1/17)
2)BR&ECommunityCommencementmeeting
c.StaffUpdates:
5.ConsentAgenda:
A.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments
B.Considerationofapproving2011WrightCountyAnnualHighwayMaintenance
agreement
C.Considerationofapprovinganapplicationforatemporaryon-saleliquorlicense
fortheMonticelloLionsClubforFrostbiteChallengeonJanuary22,2011
D.ConsiderationofappointingarepresentativetotheIndustrialandEconomic
DevelopmentCommission(IEDC)fora3-yearterm
E.ConsiderationofadoptingResolution#2011-02approvingfinalpaymenttoKnife
RiverandacceptingworkontheFallonAvenuePavementRehabilitation
Improvements,CityProjectNo.09C005
F.ConsiderationofcontinuingtheBusinessExpansionIncentiveProgramfor2011
G.ConsiderationofapprovingLettertoFederalAgencyrelatingtoNuclearwaste
management
6.Considerationofitemsremovedfromtheconsentagendafordiscussion
7.PublicHearing-ConsiderationofadoptingOrdinance#522amendingTitle10ofthe
MonticelloCityCode-ZoningOrdinanceandamendingtheCity’sofficialZoningMap
7A.ConsiderationofadoptingOrdinance#522AapprovingsummarypublicationofTitle10,
thenewZoningOrdinance
8.Considerationofapprovingappointmentsanddesignationsfor2011
9.ConsiderationofauthorizingfundingshareofcosttoconductappraisalofYMCA
propertyidentifiedforacquisitioninconjunctionwithBertramChainofLakesRegional
Parkdevelopment
10.Addeditems
11.ApprovepaymentofbillsforJanuary10th
12.Adjournment
CityCouncilAgenda:1/10/11
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5A.ConsiderationofapprovingnewhiresanddeparturesforCitydepartments (TE)
A.REFERENCEANDBACKGROUND:
TheCouncilisaskedtoratifythehiringanddeparturesofemployeesthathaveoccurred
recentlyinthedepartmentslisted.ItisrecommendedthattheCouncilofficiallyratifythe
hiring/departureofalllistedemployeesincludingpart-timeandseasonalworkers.
A1.BudgetImpact:(positionsaregenerallyincludedinbudget)
A2.StaffWorkLoadImpact:Ifnewpositions,theremaybesometraining
involved.Ifterminatedpositions,existingstaffwouldpickupthosehours,as
needed,untilreplaced.
B.ALTERNATIVEACTIONS:
1.Motiontoratifythehire/departuresoftheemployeesasidentifiedontheattached
list.
2.Motiontodenytherecommendedhiresanddepartures.
C.RECOMMENDATION:
BystatutetheCityCouncilhastheauthoritytoapproveallhires/departures.Citystaff
recommendsAlternative#1,fortheCounciltoapprovethehiresand/ordeparturesas
listed.
D.SUPPORTINGDATA:
Listofnew/terminatedemployees
Name Title Department Hire Date Class
Angela McIntire Assistant Finance Director Finance 1/10/11 FT
Arturo Ramirez Climbing Wall Attendant MCC 12/29/10 PT
Mitchell Driver Guest Service MCC 12/29/10 PT
Christopher Saaredra Climbing Wall Attendant MCC 12/29/10 PT
Jennifer Stevens Install Tech FNM 1/10/11 Temporary
Brian Nistler Install Tech FNM 1/4/11 Temporary
Brandon Potter Install Tech FNM 1/10/11 Temporary
Name Reason Department Last Day Class
Brandon Potter Voluntary FNM 12/8/10 Temporary
Abby Jones Voluntary MCC 12/1/10 PT
Danielle Nickolauson Voluntary MCC 12/1/10 PT
Dominique Rockstroh Involuntary MCC 12/16/10 PT
Nathan Holthaus Voluntary MCC 12/27/10 PT
Rebecca Euteneuer Voluntary MCC 12/28/10 PT
NEW EMPLOYEES
TERMINATING EMPLOYEES
Council_employee list 2011.xls: 1/5/2011
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5B.Considerationofapproving2011WrightCountyAnnualHighwayMaintenance
Agreement (BP,TM)
A.REFERENCEANDBACKGROUND:
TheannualmaintenanceagreementwithWrightCountyforsnowandicecontrolisup
forrenewal.Itisvirtuallyunchangedfromlastyearprecludingcompensation.This
includesportionsofCSAH75runningfromWillowStreeteasttotheintersectionof
CSAH18.ItalsoincludessnowandicecontrolonaportionofCSAH39Westfromthe
CityPublicWorksFacilitytothejunctionofCSAH75(Broadway)andashortsectionof
CR117,approximatelytwo-tenthsofamilelongrunningnorthfrom85th Avenue.The
increasefrom2010to2011maintenancecontractrespectivelyis$3,382.69.
A1.BudgetImpact:ThepaymentfromWrightCountythisyearamountsto
$19,058.66.ThispaymentismadetothecityinDecemberofthecontractedyear.
Additionalexpensesarebudgetedin“snowandice”.
A2.StaffWorkloadImpact:Thereislittleimpactonstaffworkloadduetono
changesinthiscontract.
B.ALTERNATIVEACTIONS:
1.Motiontoapprovethe2011MaintenanceAgreementwithWrightCountyas
enclosedwithcompensationat$19,058.66.
2.Motiontodenythenewagreementwiththecountyforannualmaintenanceof
snowandiceremoval.
C.STAFFRECOMMENDATION:
CitystaffrecommendsAlternative#1,thattheCityCouncilapprovethe2011
MaintenanceAgreementwithWrightCountyasoutlinedinAlternative#1above.
D.SUPPORTINGDATA:
CopyofletterfromWrightCountydated12-8-10
Copyofthe2011WrightCountyHighwayMaintenanceAgreement
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5C.Considerationofapprovinganapplicationfortemporaryon-saleliquorlicensefor
theMonticelloLionsClubforFrostbiteChallengeonJanuary22,2011 (TK)
A.REFERENCEANDBACKGROUND:
TheMonticelloLionsClubisrequestingapprovalofanapplicationfora1-daytemporary
on-saleliquorlicenseonJanuary22,2011aspartofthefirstannualFrostbiteChallenge.
ThiseventisplannedtotakeplaceatFourthStreetParkwheretheLionswillsetupa
concessionstand.FourthStreetParkwillbehometoapondhockeytournamentand
SmooshracingonSaturday,January22nd.FrostbiteChallengeactivitiesarebeing
scheduledinconjunctionwiththeNAIFCtournamentontheweekendofJanuary21-23,
2011.
TheLionsClubwillbeprovidingacertificateofinsuranceforthiseventassoonastheir
insuranceagenthasthenewpoliciesavailablefor2011.
A1.BudgetImpact:NA
A2.StaffWorkloadImpact:MinimalstafftimetosendapplicationtoStateAlcohol
andGamblingDivisionforapproval.
B.ALTERNATIVEACTIONS:
1.Motiontoapprovetheapplicationforatemporaryliquorlicenseforthe
MonticelloLionsonJanuary22,2011atFourthStreetPark,contingenton
providingacertificateofinsurance.
2.Donotapprovetheapplicationforatemporaryliquorlicense.
C.STAFFRECOMMENDATION:
CitystaffrecommendsAlternative#1forapprovaloftheapplication.
D.SUPPORTINGDATA:
Applicationfortemporaryliquorlicense
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5D.ConsiderationofappointingarepresentativetotheIndustrialandEconomic
DevelopmentCommittee(IEDC)fora3-yearterm (MB)
A.REFERENCEANDBACKGROUND:
CityCouncilisaskedtoappointanewrepresentativetotheIEDC.TheIEDC
recommendstheapprovalofJoniPawelktoa3-yeartermwiththetermtoexpireon
December31,2013.
Ms.PawelkisemployedbytheNewRiverMedicalDistrictandhasbeenactiveinthe
community,mostrecentlyservingasPresidentoftheChamberBoard.Sheshouldprove
tobeagoodfitfortheIEDC.
B.ALTERNATIVEACTIONS:
1.MotiontoapprovetheappointmentofJoniPawelktotheIndustrialEconomic
DevelopmentCommissionwiththetermendingDecember31,2013.
2.Motiontonotapprovetheappointment.
C.STAFFRECOMMENDATION:
CityStaffandtheIEDCrecommendAlternative#1.
D.SUPPORTINGDATA:
IEDCagendafromJanuary4,2011
AGENDA
MONTICELLO INDUSTRIAL & ECONOMIC DEVELOPMENT COMMITTEE
Tuesday, January 4, 2011
7:00 a.m., Mississippi
MEMBERS: Chair Rich Harris, Vice-Chair Luke Dahlheimer, Don Roberts, Patrick
Thompson, Bill Tapper, Dick Van Allen, Dan Olson, Zona Gutzwiller, Wayne
Elam, Marshall Smith, Elaine DeWenter, Chris Kruse, and Wes Olson
LIASIONS: Sandy Suchy, Chamber
Clint Herbst, Mayor
Glen Posusta, City Council
1. Call to Order
2. Approve Minutes:
a. December 7, 2010
3. Consideration of adding items to the Agenda
4. Reports:
a. Economic Development Report
b. City Council
d. Chamber of Commerce and Industry
5. Consider recommending appointment of Joni Pawlek to the IEDC
6. Transportation presentation by City Staff and WSB
a. Consideration of adopting a resolution supporting the City Council in initiating
key transportation projects
7. Adjournment. (8:30am)
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5E.ConsiderationofadoptingResolution#2011-02approvingfinalpaymenttoKnife
RiverandacceptingworkontheFallonAvenuePavementRehabilitation
Improvements,CityProjectNo.09C005 (BW/WSB)
A.REFERENCEANDBACKGROUND:
TheFallonAvenuePavementRehabilitationprojectincludedreclaimingandrepavingthe
roadwayasa24-footwideruralsectionbetweenSchoolBoulevardandChelseaRoad.
Theroadwaywasreconstructedduetoongoingdeteriorationoftheroadwaysection
includingsignificantareasofalligatorcrackingwherelargechunksofbituminous
pavementwerepoppingout.
Theprojectwassubstantiallycompletein2009withthepavingportionoftheproject.
Turfestablishmentandotherpunchlistitemswerereviewedin2010todetermineifthe
projectwascomplete.
TheCouncilisbeingrequestedtoaccepttheprojectascompleteandapprovefinal
paymenttoKnifeRiverCorporationintheamountof$7,944.59.Thisamountreflects
theremainingretainagethatwasheldfortheproject.Theprojectwasovertheoriginal
contractamountduetosomeadditionalpavingandsoddingwork.
Thefollowingpaperworkhasbeensubmittedbythecontractorinordertofinalize
acceptanceoftheproject.
1.Satisfactoryshowingthatthecontractorhascompliedwiththeprovisionsof
MinnesotaStatutes290.92requiringwithholdingstateincometax(IC134forms).
2.Evidenceintheformofanaffidavitthatallclaimsagainstthecontractorby
reasonsofthecontracthavebeenfullypaidorsatisfactorilysecured(lien
waivers).
3.ConsentofSuretytoFinalPaymentcertificationfromthecontractor’ssurety.
4.Two-yearmaintenancebond.Itshouldbenotedthatthemaintenancebondwill
startandextendtwoyearsfromthedateoffinalacceptanceoftheprojectbythe
CityCouncil.
Allpunchlistitemsassembledforthisprojecthavebeencompletedwiththeexceptionof
asmallareainoneofthedrivewaysthatexhibitsstandingwater,whichthecontractor
willcorrectinthespringwhentheyreturntopavetheremainingwearcourseonthe2010
StreetReconstructionproject.Duetothelargevolumeofworkthiscontractorhas
completedfortheCityovertheyears,aswellastheminimalcostsassociatedwiththis
punchlistitem,stafffeelsthelevelofriskisextremelylowformakingfinalpayment
beforethelastpunchlistitemiscomplete.Inaddition,awarrantybondwillbeinplace
shouldthecontractornotcompletethework.Assuch,CitystaffandWSB&Associates,
Inc.areindicatingtheprojectiscompleteandreadyforfinalpaymentinaccordancewith
thecontractandtheCity’sEngineeringandConstructionStandards.
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TheprojectisbeingfundedthroughacombinationofCityfundsandspecialassessments
totheadjacentbenefittingproperties.
A1.BudgetImpact:Noimpactstothebudgetareanticipatedduetothisrequest.
A2.StaffWorkloadImpact:Staffworkloadimpactswillbenegligible.
B.ALTERNATIVEACTIONS:
1.MotiontoadoptResolution#2011-02acceptingtheimprovementsandapproving
finalpaymentof$7,944.59toKnifeRiverCorporation.
2.MotiontonotadoptResolution#2011-02.
C.STAFFRECOMMENDATION:
StaffrecommendsselectingAlternativeNo.1.
D.SUPPORTINGDATA:
Resolution#2011-02
LetterfromWSB&Associates,Inc.
CopyofConstructionPayVoucherNo.2(Final)
CITYOFMONTICELLO
RESOLUTIONNO.2011-02
APPROVINGFINALPAYMENTANDACCEPTINGIMPROVEMENTS
FALLONAVENUEREHABILITATIONIMPROVEMENTS
CITYPROJECTNO.09C005
WHEREAS,pursuanttoawrittencontractwiththeCityofMonticelloawardedtoKnifeRiver,Inc.
ofSaukRapids,Minnesota,thecontractorhassatisfactorilycompletedtheworkfortherehabilitation
ofFallonAvenuebetweenChelseaRoadandSchoolBoulevard,includingotherappurtenantworkin
accordancewiththecontract;
NOWTHEREFORE,BEITRESOLVEDBYTHECITYOFMONTICELLO,MINESOTA that
theworkcompletedundersaidcontractisherebyacceptedandapprovedandthattheMayorandCity
Clerkareherebydirectedtoissueaproperorderforthefinalpaymentonsuchcontractsubjectto
receiptofthefollowing:
1)SatisfactoryshowingthatthecontractorhascompliedwiththeprovisionsofMinnesotaStatutes
290.92requiringwithholdingstateincometax(IC134);
2)Evidenceintheformofanaffidavitthatallclaimsagainstthecontractorbyreasonsofthe
contracthavebeenfullypaidorsatisfactorilysecured;
3)ConsentofSuretytoFinalPaymentcertificationfromthecontractor’ssurety;
4)Twoyearmaintenancebondtoextendtwoyearsfromthedateofacceptanceoftheprojectbythe
CityCouncil.
ADOPTEDBY theMonticelloCityCouncilthis10th dayofJanuary,2011.
CITYOFMONTICELLO
___________________________
ClintHerbst,Mayor
ATTEST:
___________________________
JeffO’Neill,CityAdministrator
CityCouncilAgenda:1/10/11
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5F.ConsiderationofcontinuingtheBusinessExpansionIncentiveProgramfor2011
(AS/MB)
A.REFERENCEANDBACKGROUND:
InApril2010,theCityCouncilauthorizedtheinitiationofaBusinessExpansion
IncentiveProgram.Theprogram’sprimarypurposewastoencouragetheexpansionand
growthofexistingMonticellobusinesses.Inexaminingtheneedforaprogramofthis
type,itwasnotedthatforvariousreasons,someexpansionprojectsforexisting
MonticellobusinessesmaynotqualifyforsubsidyundercurrentCityorEDAprograms,
suchasTIForGMEF.
TheCouncil’sauthorizationallowedforapilotprogramthatwouldrununtiltheendof
2010andthenbereevaluated.Theapprovedprogramstructureallowedforindividual
programapplicantstoreceiveupto$5,000inbuildingorplanningfeereductions.The
assistancewouldbeappliedonlytotheplanreviewcomponentofthebuildingpermit
costorplanningapplicationcosts.Demolitionpermitcostswerealsoeligible.
Toqualifyfortheprogram,applicantsneededtobeanexistingbusinessoperatingwithin
thecurrentmunicipalboundaryoftheCityofMonticelloatthetimeofapplication,
seekingtoexpandattheircurrentlocationorexpandatanewlocationinMonticello.
Theprogramwasopentohome-basedbusinessesexpandingtocommercial/industrial
properties,butwasnotextendedtoinstitutionalorsemi-publicuses.Theapplicantsalso
neededtodemonstrateanabilitytomeetatleasttwoofthefollowingcriteria:
1.Createorretainjobs.
2.Redevelopmentorrenewalofexistingvacantunderutilizedexisting
commercialorindustrialproperties/buildings,includingoneofthefollowing:
a)Increasebuildingsquarefootage
b)Increasebuildingvaluation
c)Increasedvisualappearanceorfunctionoffacility
d)Productorserviceexpansion
e)OccurswithintheCentralCommunityDistrict
Theprogramwascappedatamaximumexpenditureof$30,000withtheseedmoney
allocatedfromtheLiquorStoreFund.
Sincetheinceptionoftheprogram,theCityhashadoneapplication,whichwas
subsequentlyapproved.However,throughtheBR&ESurveyprocess,nearly30%of
businessessurveyedstatedtheyplantoexpandinthenext1-3years.Staffanticipatesthe
Citywillexperiencebusinessgrowthin2011.Providingforareductioninbuilding
permitcostswillbereceivedpositivelybythesepotentialapplicants.
Councilisaskedtoconsidercontinuingtheprogramforoneadditionalyear.
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A1.BudgetImpact:Thetotalallocationforthepilotprojectwas$30,000,fromthe
LiquorStoreFund.Thetotalsubsidyprovidedtodatethroughtheprogramis
$519.77.
ThecurrentcashbalanceoftheLiquorStoreFundis$29,480.
A2.StaffWorkloadImpact:Staffworkloadrequirementswouldcontinuetoinvolve
theintakeofprogramapplications,developmentofstaffreportsforCouncil
review,andfinaldraftingandadministrationofSubsidyAgreements.
B.ALTERNATIVEACTIONS:
1.MotiontoextendtheBusinessExpansionPilotProgramthroughDecember31,2011,
aspreviouslyapproved,withatotalprojectcapof$30,000andanindividualapplicant
subsidylimitof$5,000,withfundingallocatedfromtheLiquorStoreFund.
2.MotiontodenyanextensionoftheBusinessExpansionPilotProgram.
C.STAFFRECOMMENDATION:
Forthefollowingreasons,staffrecommendsAlternative#1,forthecontinuationofthe
programforanadditionalyear.
TheCouncilhasidentifiedtheneedtoencouragethegrowthoflocalbusinessesand
developlivingwageemploymentopportunities.Astheeconomycontinuesitsslow
climb,havingavarietyofavailabletoolstoencouragethisgrowthisextremelyimportant
forthecommunity.Thisprogramisjustonemoretoolinthetoolbox.
Asaneconomicincentive,theamountofsubsidyofferedthroughthisprogramis
relativelyminor.However,intermsofthepositiveoutreachtoexistingbusinesses,this
programisveryuseful.
Lastly,itisoftenrecognizedthatthemosteffectivemeansofeconomicdevelopmentis
theretentionandexpansionofexistingbusinesses.Asageneralrule,itisfarmore
inexpensivetokeepanexistingbusinessthantrytoattractanewone.
D.SUPPORTINGDATA:
ExhibitA:StaffReportfromApril26th,2010
ExhibitB:CityCouncilMinutes-April26th,2010
ExhibitC:BusinessSubsidyCriteria
ExhibitD:BusinessSubsidyApplication
CityCouncilAgenda:01/10/11
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5G.ConsiderationofapprovingLettertoFederalAgencyrelatingtoNuclearwaste
management (JO)
A.REFERENCEANDBACKGROUND:
InresponsetotheclosureoftheYuccaMountainfacilityasarepositoryfornuclear
waste,theCityofRedwinghasinitiatedcreationofaninterestgroupcomprisingcities
thathaveacommonconcernrelatingtoNuclearWastestoredinhostcommunitiesfora
timeperiodthatfarexceedsoriginalexpectations.AttherecentNationalLeagueof
CitiesinColorado,RedWingofficialsheldanorganizationalmeetingfromwhichitwas
determinedthatalettershouldbesenttofromcommunitiestotheFederalGovernment
detailingconcerns.ThisdraftletterpreparedbyMarshallHallockfromRedWing,with
inputfromothers,isattachedindraftformforyourreview.
Itisathoughtfulanddetailedletterthatprovidesagreatbackgroundandcompelling
rationaleencouragingtheBlueRibbonPaneltofindasolutiontothisproblem.
A1.BudgetImpact:None
A2.StaffWorkloadImpact:TheCityhasnotbudgetedfundsforlobbyistexpenses
pertainingtothisissue,howeverstaffwillbeactivelyinvolvedandworkingwith
Redwingandothercitiesinpressingthisissue.
B.ALTERNATIVEACTIONS:
1.Motionapprovingletterfordistributionasproposed.
2.Motiontodenyapprovingletterfordistributionasproposed.
C.STAFFRECOMMENDATION:
CitystaffrecommendsAlternative#1.
D.SUPPORTINGDATA:
DraftLetter
Page 1 of 6
Date:January11,2011
To:BlueRibbonCommissiononAmerica’sNuclearFuture
U.S.DepartmentofEnergy
1000IndependenceAve.SW
Washington,D.C.20585
From:HostCommunitiesConcernedAboutStrandedSpentNuclearFuel
CityofRedWing,Minnesota
Attn:CouncilAdministrator
315West4th Street
RedWing,Minnesota55066
RE:SeveralHostCommunities’ConcernsAboutStrandedSpentNuclearFuel
“Implementingapermanent,safe,andsecuredisposalsolutionforthenuclear
wasteisofconcerntothenation,particularlystategovernmentsandlocal
communities,becausemanyofthe80siteswherenuclearwasteiscurrentlystored
arenearlargepopulationcentersormajorwatersourcesorconsistofshutdown
reactorsitesthattieuplandthatcouldbeusedforotherpurposes.Inaddition,
statesthathaveDOEfacilitieswithnuclearwastestorageareconcernedbecause
ofpossiblecontaminationtoaquifers,riversandothernaturalresources.”1
DistinguishedMembersoftheBlueRibbonCommissiononAmerica’sNuclearFuture:
ThankyouforthisopportunitytoprovideourinputtotheBlueRibbonCommissiononAmerica’s
NuclearFuture(“Commission”).Weareagroupofelectedofficialsrepresentingcommunitiesmost
affectedbyspentnuclearfuel(“SNF”).Thecommunitieswerepresentareadjacenttoanddirectly
impactedbycommercialnuclearreactorelectricutilitysites(“Facilities”)producingSNFandonsitedry
caskstorageofSNFinIndependentSpentFuelStorageFacilitiesInstallations(“ISFSI”).
WesupporttheCommission’smission.WebelievetheCommissionmustdeveloprecommendations
forsubstantiveandcomprehensiveplansthataddressthefederalgovernment’sobligationto
responsiblymanageanddisposeofSNF.WebelievethatthesuccessoftheCommission’s
1 UnitedStatesGovernmentAccountabilityOfficeReporttoCongressionalRequesters.NuclearWasteManagement.Key
Attributes,Challenges,andCostsfortheYuccaMountainRepositoryandTwoPotentialAlternatives(GAO-10-48).Page10.
November2009.
Page 2 of 6
recommendationsdepends,inlargepart,onactivelyengagingcommunitieshosttocommercial
nuclearreactorsitesandtakingintoconsiderationthenumerousimpactstheseFacilitiesandtheir
relatedISFSIoperationshaveonourcommunities.
ThecommunitieswerepresentwereneverintendedtobecomepermanentrepositoriesforSNF.
Unfortunately,thestarkrealityisthatnociviliannuclearwastehasyetbeendisposedofandthereis
stillnoidentifiableplanforitsfinaldisposition.2.Thelackofanidentifiableplanforhandlingcivilian
andgovernmentownedSNFhasbeenexasperatedbytherecentactionsoftheFederalAdministration
towithdrawtheDOElicensefor,anddefund,YuccaMountain.3 Asaresult,SNFand“High-level
nuclearwaste-oneofthenation’smosthazardoussubstances–isaccumulatingat80sitesin35
states.”4 Furthermore,theDOEisnowresponsibleformanagingnuclearwasteat121sitesin39
states.5
Ourcommunitiesarefrustratedandbecomingincreasinglyalarmedbythefederalgovernment’s
inactioninaddressingitsobligationtodisposeofSNF.Further,weareextremelywaryof
recommendationsbeingmadetotheCommissiontostoreSNFinourcommunitiesforanindefinite
periodoftime.Theconsequencesofsuchrecommendationsareunexamined,costly,potentially
dangerous,andsubjectourcommunitiestoanunacceptablelevelofrisk.Webelievethataseriousand
responsibleconsiderationofsuchanoptionwouldnecessarilyincludeindividualsiteassessments
equivalenttothoseundertakenatYuccaMountain.Individualsiteassessmentsofthisnaturewould
addbillionsofdollarsandyetmoredelaytomanagingthebackendofthenuclearfuelcycle.
Therefore,weareextremelyconcernedbyNuclearRegulatoryChairmanJaczko’sannouncement“that
theprudentcourseofactionistodirectthe(NRC)stafftoconductfurtheranalysisandupdatethe
WasteConfidencefindingstoaccountforthepossibilityofadditional,indefinite(onsite)storageof
spentnuclearfuel”andhisproposal“thatthe(NRC)staffbedirectedtoprepareanupdatetothe
WasteConfidenceFindingsandProposedRuletoaccountforstorageatonsitefacilities...formorethan
100years,butnomorethan300years….”6
2 “TheDepartmentofEnergy(DOE)hasnotyetdisposedofanyciviliannuclearwasteandcurrentlyhasnoidentifiableplan
forhandlingthatresponsibility.”Cong.BudgetOfficeTest.,CommitteeontheBudget,U.S.HouseofRepresentatives.July
16,2009.
3 February2,2010DOEfilesrequesttosuspendtheYuccaMountainlicenseapplication.
4 UnitedStatesGovernmentAccountabilityOfficeReporttoCongressionalRequesters.NuclearWasteManagement.Key
Attributes,Challenges,andCostsfortheYuccaMountainRepositoryandTwoPotentialAlternatives(GAO-10-48).GAO
Highlights.November2009.
5 UnitedStatesGovernmentAccountabilityOfficeReporttoCongressionalRequesters.NuclearWasteManagement.Key
Attributes,Challenges,andCostsfortheYuccaMountainRepositoryandTwoPotentialAlternatives(GAO-10-48).Page2.
November2009.
6 ChairmanJaczko’sSupplementalCommentsonSECY-09-0090FinalUpdatetotheCommission’sWasteConfidence
Decision.July22,2010.Pages1and2.
Page 3 of 6
Again,ourcommunitiesneverintendedtopermanentlyhostspentnuclearfuel.Ourcommunitieshave
alwaysoperatedwiththefirmunderstandingthatourfederalgovernmentwouldcomplywiththe
NuclearWastePolicyActof1982anddisposeoftheSNFinadeepgeologicalrepositoryconsistent
withtheAct.7 Asaconsequenceoffederalinaction,wearenowhostingSNFwithnoidentifiableplan
ortimeframeforitsfinaldisposition.AnunintendedconsequenceofindefiniteonsitestorageofSNFis
thatourcommunitiesarebeingchallengedwithuniquehealth,safety,security,land-use,economic
development,andtransportationconcerns.Theseunintendedconsequencesmustbeconsidered
duringtheCommission’spolicyanddecisionmakingprocess.
Whilesomeofourconcernsareuniquetoourindividualcommunities,wehaveidentifiedthefollowing
pointsthatarecommontoeachofus:
1)LOCALGOVERNMENTSNEEDTOBECONSULTEDANDACTIVELYENGAGEDINTHEDECISION
MAKINGPROCESS
Ourcommunitiesandourlocalgovernmentswillbedeeplyimpactedbythepolicyoptionsand
recommendationsbeingconsideredbytheCommission.Therefore,ourlocalgovernmentsmustplaya
criticalroleinthedevelopmentoftheCommission’spolicyandrecommendations.Involvementatan
earlystageistheonlywaytoguaranteebroadbasedsupport–includinglocalgovernmentsupport.
WithoutthesupportofalllevelsofgovernmentimpactedbyhostingSNF,includingLocalandTribal
governments,aprojectinvolvingafinaldispositionpathwayforSNFisnotlikelytosucceed.Itis,
therefore,imperativethatthisCommissionengagethelocalgovernmentshostingSNFtoensurethe
impactsoneachiscarefullyconsideredandaddressed.WeencouragetheCommissionandfederal
governmenttoworktogainthesupportoflocalgovernmentsthroughanopendialog,education,and
support.Wewouldconsideritanhonorandprivilegetoparticipateinthiscapacity.
2)STRANDINGSNFINITSCURRENTLOCATIONSISNOTANOPTIMALSOLUTION.
WefirmlybelievethatleavingSNFandHLWscatteredacrossthenationinmorethan100locationsis
notintheNation’sbestinterestsnordoesitrepresentanoptimalsolutiontomanagingSNF.Oneor
morefinaldispositionpathwaysareneededincludingadeepgeologicalrepository.Webelievethat
YuccaMountainmustnotbeabandonedasanalternativesimplyduetopoliticalconsiderations.
3)FISCALSUPPORTISIMPERATIVEINENSURINGLOCALGOVERNMENTPARTICIPATIONINTHE
POLICYANDDECISIONMAKINGPROCESS.
Localgovernmentshavearesponsibilitytoensurethattheuniquehealth,safety,security,and
socioeconomicconcernsofhostingaFacilityorISFSIareaddressedinthepolicyanddecisionmaking
process.However,theresourcesnecessarytoensuretheseconcernsarenonexistentatthelocallevel.
Someofthecommunitieswerepresenthavepopulationsoflessthan1,000peopleandweareall
strugglingtomeetourcommunities’needswithextremelyscarceresources.Althoughthe
Commission’sworkisoftheutmostimportancetoourcommunities,ourcommunitiescannot
effectivelyorganize,participate,orprovidevaluableinputintotheCommission’swork.Thereissimply
7 ThisAct,asamended,requirestheDepartmentofEnergytobeginacceptingSNFandHLWbyJanuary31,1998.
Page 4 of 6
nolocalfundingtosupporttheseactivities.Withoutsuchabilitythepolicy,decisionmakingprocess,
andrecommendationswillnotbeunderstoodand,therefore,lesslikelytosucceed.
PartoftheNuclearWasteActprovidesfundingforimpactedlocalunitsofgovernmentfortechnical
expertiseandeducation.WestronglybelievetheCommission’srecommendationsshouldbuildonand
supportthisprinciple.AshostcommunitiestoSNF,webelievefiscalsupportisvitaltoourabilityto
participatemeaningfullyintheCommission’spolicyanddecisionmakingprocess.Fiscalsupportisalso
vitaltoensureourcommunitieshaveaccesstotechnicalexpertswhoseresponsibilitiesaretoour
communities;thatadvocateonbehalfofourcommunities;respondtoourissues,concerns,and
interestsandwhowetrust;arecapableofdevelopingcommunityunderstandingandsupport;are
capableofarticulatingtechnicalinformationsoitisunderstood;andwhocanassistthepartiesin
compromise.Fiscalsupportisalsonecessarytosupportoutreachandeducationalprogramsto
educateourgovernmentofficials,publicsafetypersonnel,residents,businessowners,andother
communitystakeholdersonthesecriticalissues.
4)ACOLLABORATIVEEFFORTISCRITICAL
Communityinvolvementandengagementinacollaborativeeffortiscriticalintheprocessincludingthe
developmentofpriorities,goals,objectives,andoutcomes.Topromotepositiveoutcomes,webelieve
theprocessmustmovebeyondsimplemeetingstoactiveengagementandcollaborationinthe
discussionoftechnical,political,andotherissues.Engagementandcollaborationmustmovebeyond
simplyholdingmeetingstoanapproachthatbuildsthedevelopmentoftrust,accountability,and
opennessamongparticipants.Tofosteraconstructiveworkingrelationship,webelievethefederal
governmentmustberequiredto(1)collaboratewithandengageaffectedunitsofgovernment–
includinglocalgovernments–inthepolicyanddecisionmakingprocess,(2)establishand
communicateopportunitiesforparticipationintheprocess,(3)develop,withinputfromaffectedunits
ofgovernment,cleargoalsandintendedoutcomesthatareunderstoodbyall,(4)developclear
expectationsofallparticipants,(5)developongoinginformationsharingrequirementsforallparties
involvedintheprocess,(6)developongoingeducationalrequirementsforallpartiesinvolvedinthe
processand(7)providefiscalsupporttoaffectedunitsofgovernmenttoensuretheycanorganize,
partner,participateintheprocess,andeducatetheirstakeholders.
Weaselectedlocalgovernmentofficialshaveastrongunderstandingoflocalcommunityvalues,
concerns,andpriorities.Wehaveanimportantroleinthelocaldecisionmakingprocessandare
influentialinadvocatingforlocalvalues,concerns,andpriorities.Weneedtobeassuredthatour
concernsareaddressedandthatlocalinputandparticipationiswelcomedinthepolicyanddecision
makingprocesscurrentlyundertakenbytheCommission.Ifaffordedanopportunitytoactivelyengage
intheCommission’smissionandprocess–includingtheopportunitytohaveourlocalconcerns
addressedandbecomeeducatedonthepolicyandrecommendationsbeingformulatedbythe
Commission-webelievepolicysolutionsandrecommendationswillbeidentifiedthatmaypromote
opportunitiesforeffectivepartnershipstoensurethesuccessfullegacyofAmerica’snuclearfuture.
Inclosing,asourcommunitiessimplylacktheeconomicresourcesrequiredtoparticipateinthevitally
importantCommission’smissionandpolicyformulationprocess,wecordiallyextendanopen
Page 5 of 6
invitationtotheCommissiontoholdaCommissionmeetinginanyoneofourcommunitiessowecan
personallyexpressandshareourcommunities’criticalconcernsregardingbecomingade-facto
permanentSNFrepositorywiththeCommissionmembers.
IftheCommissionhasanyquestions,pleasecontactKayKuhlmann,CityAdministrator,attheCityof
RedWing–Minnesota,at651.385.3600(ext3612).
We,asHostCommunitiesConcernedAboutStrandedSpentNuclearFuel,endorsethisstatement.
TheHonorableArdellF.BredeTheHonorableRalphRauterkus
Mayor-CityofRochester,MNCityCouncilPresident-CityofRedWing,MN
TheHonorableLeeEngelbrechtTheHonorableDavidHardtke
TownBoardMember-TownofTwoCreeks,WITownBoardMember-TownofCarlton,WI
TheHonorableLindaSinkulaTheHonorablePaulTittl
CountyBoardMember-KewauneeCounty,WICountyBoardChair-ManitowacCounty,WI
TheHonorableMaryV.Conner TheHonorableMattWhite
CityCouncilMember-CityofMonroe,MIMayor-CityofEunice,NM
TheHonorableClintHerbst
Mayor-CityofMonticello,MN
cc:MaryWoolleen,GovernmentLiaison,BlueRibbonCommissiononAmerica’sNuclearFuture
CityofRedWing,Minnesota,MayorandCityCouncilMembers
CityofRochester,Minnesota,CityCouncilMembers
TownofCarlton,Wisconsin,TownBoardMembers
TownofTwoCreeks,Wisconsin,TownBoardMembers
CityofMonroe,Michigan,MayorandCityCouncilMembers
KewauneeCounty,Wisconsin,CountyBoardMembers
CityofEunice,NewMexico,CityCouncilMembers
ManitowacCounty,Wisconsin,CountyBoardMembers
CityofMonticello,Minnesota,MayorandCityCouncil
SenatorAlFranken,Minnesota
SenatorAmyKlobuchar,Minnesota
RepresentativeTimothyJ.Walz,Minnesota–1st
RepresentativeJohnKline,Minnesota-2nd
RepresentativeErikPaulsen,Minnesota-3rd
RepresentativeBettyMcCollum,Minnesota-4th
RepresentativeKeithEllison,Minnesota-5th
RepresentativeMicheleBachmann,Minnesota-6th
Page 6 of 6
RepresentativeColinC.Peterson,Minnesota-7th
RepresentativeChipCravaak,Minnesota-8th
SenatorRonaldJohnson,Wisconsin
SenatorHerbKohl,Wisconsin
RepresentativePaulRyan,Wisconsin-1st
RepresentativeTammyBaldwin,Wisconsin-2nd
RepresentativeRonKind,Wisconsin-3rd
RepresentativeGwenMoore,Wisconsin-4th
RepresentativeF.JamesSensenbrennerJr.,Wisconsin-5th
RepresentativeThomasE.Petri,Wisconsin-6th
RepresentativeSeanP.Duffy,Wisconsin-7th
RepresentativeReidJ.Ribble,Wisconsin-8th
SenatorCarlLevin,Michigan
SenatorDebbieStabenow,Michigan
RepresentativeDanBenishek,Michigan-1st
RepresentativeBillHuizenga,Michigan-2nd
RepresentativeJustinAmash,Michigan-3rd
RepresentativeDaveCamp,Michigan-4th
RepresentativeDaleE.Kildee,Michigan-5th
RepresentativeFredUpton,Michigan-6th
RepresentativeTimWalberg,Michigan-7th
RepresentativeMikeRogers,Michigan-8th
RepresentativeGaryC.Peters,Michigan-9th
RepresentativeCandiceS.Miller,Michigan-10th
RepresentativeThaddeusG.McCotter,Michigan-11th
RepresentativeSanderM.Levin,Michigan-12th
RepresentativeHansenClarke,Michigan-13th
RepresentativeJohnConyersJr.,Michigan-14th
SenatorJeffBingaman,NewMexico
SenatorTomUdall,NewMexico
RepresentativeMartinHeinrich,NewMexico-1st
RepresentativeStevanPearce,NewMexico-2nd
RepresentativeBenRayLujan,NewMexico-3rd
CityCouncilAgenda:01/10/11
1
7.ConsiderationofadoptingOrdinance#522amendingTitle10oftheMonticelloCity
Code-MonticelloZoningOrdinanceandamendingtheCityofMonticelloOfficial
ZoningMap (AS)
A.REFERENCEANDBACKGROUND:
TheCityCouncilispresentedwiththefinaldraftoftheproposedamendmenttoTitle10
ofMonticelloCityCode-MonticelloZoningOrdinanceforformalreviewandadoption.
TheCouncilisalsoaskedtoreviewandapprovetheproposedOfficialZoningMap,
whichcorrespondstothechangesproposedbytheamendedcode.
OnJanuary4th,2011,thePlanningCommissionheldthelastofthreepublichearingson
theamendedcode.ThetwoprevioushearingswereheldonNovember17 th,2010and
December7th,2010.Duringthethreehearingsonthecode,commentswerefocused
mainlyonthepotentialuseallowancechangesresultingfromthemodificationofsomeof
thezoningdistricts,andgeneraltextlanguageclarifications.Acopyoftheapproved
minutesfromthefirsttwohearingsisprovidedforreferenceregardingthepublic
comments.VideorecordingfromtheJanuary4th,2011hearingisavailableat
http://monticello-mn.pegcentral.com/,asminutesfromthatmeetinghavenotyetbeen
prepared/approved.
Attheconclusionofthehearingprocess,thePlanningCommissionunanimously
recommendedadoptionofthecode.
ThedraftcodeandmappresentedforCouncilreviewincorporatesallofthe
recommendedmodificationsrequestedbythePlanningCommission.
TheCodeRevisionImpetus
Theproposedcodeofferedforconsiderationofadoptionistheresultofoverayearanda
halfofworkandprocess.
Theefforttore-drafttheentireZoningCodebeganinfallof2009.Theinitiativewasa
directresultofthe2008MonticelloComprehensivePlanupdate,whichlaysthe
groundworkforlandusepolicyforMonticelloforthenexttwentyyears.
The2008ComprehensivePlanrecognizedthatitistheCity’scodesandordinances
whichcontrolactualdevelopment.Statelawstipulatesthatzoningregulationsarea
criticaltoolforimplementingtheComprehensivePlan.The2008ComprehensivePlan
statedthat“Apriorityshouldbegiventothereviewandupdatingofzoningregulations.
ThevisionandobjectivesoftheComprehensivePlanwillnotbeachievedunlesszoning
regulationsarealignedwiththePlan.”
InadditiontotheneedforconsistencywiththeComprehensivePlan,thePlanning
CommissionandCityCouncilhaveoftenstruggledwithoutdatedportionsofthe
CityCouncilAgenda:01/10/11
2
ordinance,adoptingfrequentamendmentsthateventuallycreatedapatchworkcodethat
wasoftendifficulttouseandunderstand.
Asaresultofthisclearneedforconsistencyandclarity,theCitycompletedarequestfor
proposalprocessforthecomprehensiverevisionofthezoningcodeinOctoberof2009.
Therequestforproposalprovidedcleardirectionontheissuesthatneededtobe
addressedandtheobjectivesthatneededtobemetforthenewcode.
TheUpdatingProcess
TheCityselectedconsultingfirmMFRAasaresultoftheRFPprocess.MFRAandthe
CitybegantheformalZoningOrdinanceupdatingprocessinlate2009,withanopen
houseinNovemberof2009.
Thecodepresentedforyourreviewincorporatesthesuggestionsandcommentsresulting
fromanintensepublicinputandreviewprocess.
TherevisionprocesswasdirectedbytheMonticelloZoningOrdinanceRevisionSteering
Committee,madeupofallfivemembersofthePlanningCommissionandtwoCity
Councilliaisons.
Therevisionprocesswasdesignedtobeincremental,withsetsofchaptersandprovisions
developedgradually.Theactualcodedevelopmentfollowedthefollowingschedule:
•Initiation&Scoping October/November2009
•Administration–Chapters1,2,6,7&8 December2009ToFeb2010
•Districts&Uses–Chapters3&5 MarchToApril
•FinishingStandards–Chapter4 JuneToJuly
•In-DepthDraftReviewWithCommittees JulyToPresent
•PublicHearings November,2010–January2011
Itisrecognizedthattheamendmentofanentirezoningordinanceisanoverwhelming
processforeventhemostinvolvedofficialorcitizentodigest.Theincrementaldrafting
approachallowedforthemaximizationofpublicinput,asdifferentopportunitiesfor
publicinvolvementwereofferedalongtheway.
Theprocesssoughttoinvolveasmanyaspossible,utilizingavarietyofmeanstoreach
outtoboththegeneralpublicandstakeholderorganizations.Thesemethodsincluded:
•KickOffMeetingOpenHouse
•SteeringCommitteeMeetings(12+)
•IEDCMeetings(4meetings/2agendaitems)
•ChamberofCommerceMeetings(2)
•EmailDistributionList
•One-on-onemeetings
•Directemailresponses
CityCouncilAgenda:01/10/11
3
•Newsletter&WebsiteUpdates
•ConcludingCommentsOpenHouse
•JointPlanning/Councilworkshop
Throughouttherevisionprocess,staffprovidedMFRAdetailedsupportingmemos,
whichidentifiedadditionaldirectionprovidedbytheSteeringCommitteeorotherstaff
members.Inadditiontothisdetailedstaffreview,theCityAttorneyhashadan
opportunitytoreviewandcommentonthedraft.Thecommentsoftheattorneyhave
beenaddressedwiththedraftpresentedforreview.
OverallCodeFormat
TheamendedcodepresentsacompletelynewstructurefortheMonticelloZoning
Ordinance.AlthoughtheordinanceremainsconsistentwiththecurrentCityCode
format,whichusesanoutlinestructure(withlettersandnumberstoseparateprovisions),
itismuchmoregraphically-based,withnumerousnewfeaturesgearedtowardsease-of-
use.
Ordinancestructurehighlights:
Themostnotablechangehasbeentheconsolidationofcodeinformationfrom33
chapterstojust8chapters.Thisconsolidationisanexampleofhowthecode
achievesthedesiredgoalofclarityandeaseofuse.
ThereisamoredetailedTableofContents,providingpagenumbersforeachand
everychaptersection.Thewebversionwillalsoincludeatableofcontentsfor
eachindividualchapter.
Headersareprovidedatthetopofeachpage,givingusersavisualreferencetothe
chapterandsectiontheyarereading.
Theamendedordinanceincludesfarmoretablesandillustrationsthanthe
previouscode.Theseprovideamorevisualmeansofinterpretingthecode,again
makingiteasiertoutilizeandunderstand.Anindexofalltablesinthecodewill
alsobeaddedtothefinalversion.
Thenewcodeincludescross-referencemarkers.WhenpostedtotheCity’s
website,thesewillbecomehyperlinkswhichallowuserstoeasilycross-reference
othersectionswiththezoningcode,aswellasotherportionsofCityCodeand
outsidesources.
Definitionshavebeenmovedtotherearofthecode,whichisamoreobviousand
intuitiveplacetofindaglossaryorindex.Aglossaryofabbreviationshasbeen
addedtohelpusersdecodethemanyacronymsusedinthetext.
OverviewofChaptersModifications
CityCouncilAgenda:01/10/11
4
ProjectconsultantMFRAwillbeprovidingasummaryofnotableamendmentsand
changeswithapresentationonMondayevening.Inaddition,staffhaspreparedamemo
withinthesupportingdatasection,whichhighlightssomeofthefeaturesofnoteforeach
oftheeightnewchapters.
DNRReview&Approval
StateregulationsrequirethattheDepartmentofNaturalResourcesreviewandapprove
theShoreland,FloodplainandWild&ScenicprovisionsoftheZoningOrdinance.This
isduetotherelationshipoftheCitycodestoStateStatute.
StaffmetwiththeCity’sregionalDNRrepresentative,RogerStradal,andhasbegunthe
formalprocessforthisreview.Nodefinitivereviewtimeperiodhasbeengiven,
althoughitisanticipatedthatDNRreviewandapprovalwilloccuraftertheexpected
Januaryadoptionofthenewcode.Atthetimeofthisreport,Mr.Stradalhasindicated
thathehascompletedamajorityofhisreviewandhasrequestedaphoneconferenceto
reviewDNRcomments.
Therefore,itisrecommendedatthistimethattheCityCouncilreserveapprovalofthe
followingoverlaydistrictsuntiltheDNRprovidestheircommentsandapproval.
3.7(C)–FloodplainDistrict
3.7(E)–ShorelandDistrict
InregardtotheWild&Scenicoverlaydistrict,DNRhasinformedstaffthatthisoverlay
cannotbecombinedwithShorelandregulations.AlthoughtheDNRisconsidering
mergingthetwo,thatprocesshasnotbeenfinalizedandthereforethetwomustremain
separateinCityordinance.
Assuch,itisfurtherrecommendedthattheCityadoptthenewZoningOrdinanceas
proposed,exemptingtheShorelandandFloodplainoverlaydistricts;insteadadopting
currentordinanceChapter18(FloodplainManagement)andChapter27(Mississippi
Wild&Scenic)untilsuchtimeastheDNRreviewandapprovalprocessiscomplete.As
theCitydoesnotcurrentlyhaveaShorelandordinance,thatportionofthecodewillbe
adoptedatsuchtimethatDNRreviewiscomplete.
AfterallDNRcommentsareaddressedoneachofthethreenotedcomponents,theCity
canadoptthenewoverlayprovisionsasprovidedforwithinthenewcode.
ZoningMap
Withtheordinancerevision,thedevelopmentofanewmapisnecessary.TheZoning
Ordinanceasproposedrequirestheadoptionofamapandrecognizesthemapasthe
officialstatementofdistricts.
CityCouncilAgenda:01/10/11
5
TheZoningOrdinancerevisionprocessyieldedtheeliminationoftwodistricts,
PZM/PZR(PerformanceZone-Mixed/Residential)andP-S(Public/Semi-Public).
Propertiescurrentlyzonedassuchareproposedtoberezonedaccordingtotheirbaseuse
and/orguidedComprehensivePlanlanduse.Adetailedanalysisforthisrezoningwas
completedbybothstaffandtheSteeringCommittee.However,itisanticipatedthat
futurerezoningactionmayoccurtoclearupanyresultingnon-conformities.
Thezoningmaphasalsobeenamendedtoreflectchangesinzoningdistrictnaming,
PUDboundaries,andPZoverlayareas.Inaddition,anappendixtothezoningmapfor
theFreewayBonusSignDistrict,isalsoattachedforCommission’sreviewand
recommendation.
WorktoCome
Thoughmuchworkhasbeencompletedandmanyimprovementsmade,thereisstill
worktodo.
DuetotheextentofchangestothePZandPUDregulations,staffwillbepreparingaset
ofworkshops,tobeheldinthecomingmonths.Theworkshopswillbedesignedto
developabetterunderstandingofthedevelopmentprocess,timelinesandresultsforboth
thenewPUDandPZordinancelanguage.Theseworkshopsmayhelpanswersome
remainingquestionsabouthoweachwouldbeapplied.
Also,astheCityCouncilisaware,theCityisinthemidstofanewdowntownplanning
effort,EmbracingDowntownMonticello.Oncethateffortiscompleted,theCCDand
CCD-Rprovisionsofthecodewillrequireamendment.
AttheconclusionoftheEmbracingDowntownMonticelloeffort,staffwillevaluatethe
outcomesandprovidearecommendationonhowtoproceedwithcodeamendments.
Finally,PlanningCommissionwillnotethattherearealsootherareasinthecodemarked
“Reserved”.Theseareasrequireadditionalresearch,discussionandcodelanguage
development.
Conclusions
ItisofcriticalimportancethattheCityCouncilrecognizethatthecodeisverymucha
workingdocument.Overthecourseofthenextsixmonths,thePlanningCommission
andCouncil’sagendawilllikelylistaregularagendaitemcallingforamendmenttothe
newcode.Theseamendmentswillconsistofgenerallanguageclean-up,aswellasmore
in-depthreviewofcodeprovisionsrequiringadditionalfeedback.Itisalso
recommendedthattheCityitselfidentifyanauditscheduleforareasitwouldliketo
reviewonanannualbasis,suchassignageoroff-streetparking.
Withthosecommentsinmind,thedraftpresentedtotheCityCouncilisrepresentativeof
themonthsandworkandcomment.
CityCouncilAgenda:01/10/11
6
A1.BudgetImpact:TheCityCouncilauthorizedaninitialcontractprojectexpense
of$40,740forthecomprehensiveamendment.InSeptemberof2010,the
Councilauthorizedanadditional$6,000projectexpensetocompletethebalance
ofGISmappingandPUDandPZordinancelanguage.
Theprojectremainson-budget,withexpensestodatetotaling$43,729.09onthe
codeamendmentprocess.Councilwillalsorecallthataninitialdiagnosticofthe
originalcodewasrunin2009,totaling$5,036.49.
A2.StaffWorkloadImpact:Staffhasandwillcontinuetospendagooddealoftime
ontherewriteprocess.Overthenextfewmonths,staffwillbeworkingthrough
minortextamendmentsinthecode,preparingworkshopsforthePlanning
CommissionandCouncilonthecodeareasnotedabove,andinstituting/updating
newprocessesandpublichandoutsaswarrantedbythenewcodeprovisions.
B.ALTERNATIVEACTIONS:
1.MotiontoadoptOrdinance#522,anamendmenttoTitle10oftheMonticello
CityCode,MonticelloZoningOrdinance,subjecttothefollowing,andtoadopt
theamendedMonticelloCityOfficialZoningMap.
a.Exemptionofsection3.7(C)–Floodplainand3.7(E)–Shoreland
b.AdoptionofcurrentTitle10,MonticelloZoningOrdinanceChapters18
(FloodPlainManagement)and27(MississippiWild&Scenic)by
reference.
2.MotiontoadoptOrdinance#522,anamendmenttoTitle10oftheMonticello
CityCode,MonticelloZoningOrdinance,subjecttothefollowing,andtoadopt
theamendedMonticelloCityOfficialZoningMap.
a.Exemptionofsection3.7(C)–Floodplainand3.7(E)–Shoreland
b.AdoptionofcurrentTitle10,MonticelloZoningOrdinanceChapters18
(FloodPlainManagement)and27(MississippiWild&Scenic)by
reference.
c.RevisionstobedeterminedbytheCouncil.
3.MotiontotableadoptionofTitle10oftheMonticelloCityCode,Monticello
ZoningOrdinanceandtheOfficialZoningMap.
C.STAFFRECOMMENDATION:
StaffandPlanningCommissionrecommendAlternative#1foradoptionoftheproposed
amendmenttoTitle10oftheMonticelloCityCode,MonticelloZoningOrdinance,and
theamendmenttotheOfficialZoningMap,subjecttoanyfinalrevisionsassuggestedby
theCityCouncil.
CityCouncilAgenda:01/10/11
7
Staffbelievesthatthecodeandmap,aspresented,isreflectiveofthemonthsofworkand
effortbytheSteeringCommitteeandotherstakeholders.Supportingstatementscanbe
foundintheattachedresolutionofrecommendation.
TheresolutionofrecommendationforadoptionapprovedbythePlanningCommission
providesmoredetailonthefoundationsforapprovaloftheZoningCode.
Asnotedinthereport,staffrecognizesthattheordinanceproposedisasnapshotintime;
thatmoreworkandrefinementaretocomeastheCitycontinuestoseekachievementof
itsComprehensivePlangoalsandrespondproactivelytothechangingpatternsof
developmentandlanduse.
D.SUPPORTINGDATA:
A.January,2011DraftofTitle10-MonticelloZoningOrdinance
B.ProposedOfficialZoningMap
C.ProposedFreeBonusSignDistrictAppendixZoningMap
D.Chapter18–FloodplainManagement
E.Chapter27–MississippiWild&Scenic
F.CodeAmendmentOverviewMemo
G.PlanningCommissionMinutes,November17th,2010
H.PlanningCommissionMinutes,December7th,2010
I.Resolution#2011-01-PlanningCommissionRecommendationofAdoption
J.Ordinance#522–Title10,MonticelloZoningOrdinance
K.LettertoDNR
L.AnnotatedOutline
M.CurrentMonticelloZoningOrdinance,availableonlineat
www.ci.monticello.mn.us
County Hwy 75
Chelsea Rd
State Hwy 25
85th St NE
90th St N E
Linn St
Pine St
7th St
School Blvd
Riverview Dr
Cedar St
W River St
M
a
r
vi
n
R
d
Jason Ave
Dundas Rd
W Broadway St
Hart Blvd
Country La
Haug Ave NE
Elm St
W 4th St
Fenning Ave NE
Oakwook Dr
Mal lar d La
95th St NE
Fallon Ave NE
Edmonson Ave NE
Mississippi Dr
5th St
Country Club Rd
Sandberg Rd
Pe
li
ca
n
L
a
Fa lco n Dr
Fenning Ave
Walnut St
Oak Ridge Dr
Oriole La
Club View Rd
Broadway St
Hillcrest Rd
E River St
Headman La
Mill
Tr
ail
L
a
Falcon Ave NE
Wright StBenton St
Elwood Rd
Ramsey St
6th St
River Mill Dr
Wildwood Way
Hilltop Dr
Mill Run Rd
O a k V ie w L a
Farmstead Ave
Martin Dr
4th St E
3rd St E
Red Rock La
Gillard Ave NE
Maple St
Fallon Dr
Willow St
View La E
Grey Stone Ave
Marvin Elwood Rd
Fieldcrest Cir
Fairway Dr
Jason Ave NE
Vine St
M e a d o w L a
Jerry Liefert Dr
Praire Rd
Starling Dr
Palm St
Unknown or No Streetname
Fallon Ave
Golf Course Rd
Falcon Ave
Kevin Longley Dr
Craig La
Red O
ak
L
a
Front St
5th St W
Thomas Park Dr
Locust St
Mo c kingbird La
W 3rd St
Eastwood Cir
Briar Oaks Blvd
F
a
r
m
ste
a
d
D
r
Henipin St
Ei
d
er
La
Dayton St
Oak La
River Forest Dr
Meadow Oak Ave
Kampa Cir
Oa
k
Ri
d
g
e
C
ir
Mill Ct
Riv er Ridge La
Garrison Ave
Oakview Ct
Dundas Cir
Kenneth La
Otter Creek Rd
Minnesota St
Eagle Cir
Crocus La
Meadow Oak La
Stone Ridge Dr
Chestnut St
12 0 t h S t N E
Darrow Ave NE
Diamond Dr
Pebble B rook D r
Widgeon La
Washington St
Bunker Cir
Homestead Dr
Thomas Cir
En
d
ic
o
tt T
r
Center Cir
Oak View Cir
Sandtrap Cir
Country Cir
Cheyen Ct
Old Territoral Rd
Tanager Cir
Hillcrest Cir
Osprey Ct
Acorn Cir
Balboul Cir
Sw
allo
w
C
ir
Riv er sid e C ir
Meadow Oak Ct
Matthew Cir
E Oak Dr
St o n e R id g e C ir
Oakwood Dr
Meadow Oak Ave NE County Hwy 75
Hart Blvd
Marvin Rd
Marvin Rd
Wright St
90th St NE
Cedar St
Minnesota St
PROPOSED (DRAFT)City of MonticelloZoning Classifications
³
Zoning Districts
A-O
R-1
R-2
R-3
R-PUD
B-1
B-2
B-3
B-4
CCD
I-1
I-2
R-A (formerly R-1A)
T-N (formerly R-2A)
I-BC (formerly I1-A)
M-H (formerly R-4)
Other
Mississippi Wild, Scenic & Rec Overlay District
Overlay Districts
CCD Residential Overlay District
!
!!
!
!!
12-30-10
Performance Based Overlay District
!
!!
!
!!
Water
Fr
e
e
w
a
y
B
o
n
u
s
S
i
g
n
Ov
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D
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Le
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Fr
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a
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B
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l
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D
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i
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t
Ch
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l
s
e
a
R
o
a
d
Interstate 94
Marvin Road
Cedar Street
Chelsea Road
State Hwy 25
12
-
2
0
-
1
0
MONTICELLO ZONING ORDINANCE
CHAPTER 18
FLOOD PLAIN MANAGEMENT ORDINANCE
SECTION:
18-1:Statutory Authorization, Findings of Fact, and Purpose
18-2:General Provisions
18-3:Establishment of Zoning Districts
18-4:Floodway District (FW)
18-5:Flood Fringe District (FF)
18-6:Reserved for Future Use
18-7:Subdivisions
18-8:Utilities, Railroads, Roads, and Bridges
18-9:Manufactured Homes/Travel Trailers and Travel Vehicles
18-10:Administration
18-11:Nonconforming Uses
18-12:Penalties for Violation
18-13:Amendments
18-1:STATUTORY AUTHORIZATION FINDINGS OF FACT AND PURPOSE:
[A]STATUTORY AUTHORIZATION: The legislature of the State of
Minnesota has, in Minnesota Statutes, Chapters 104 and 462, delegated the
responsibility to local government units to adopt regulations designed to
minimize flood losses. Therefore, the City Council of Monticello,
Minnesota, does ordain as follows:
[B]FINDING OF FACT:
1.The flood hazard areas of Monticello, Minnesota, are subject to
periodic inundation which results in potential loss of life, loss of
property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for flood
protection and relief, and impairment of the tax base, all of which
adversely affect the public health, safety, and general welfare.
2.Methods Used to Analyze Flood Hazards. This ordinance is based
upon a reasonable method of analyzing flood hazards which is
consistent with the standards established by the Minnesota
Department of Natural Resources.
[C]STATEMENT OF PURPOSE: It is the purpose of this ordinance to
MONTICELLO ZONING ORDINANCE
promote the public health, safety, and general welfare and to minimize
those losses described in Section [B]1 by provisions contained herein.
18-2:GENERAL PROVISIONS:
[A]LANDS TO WHICH ORDINANCE APPLIES: This ordinance shall
apply to all lands within the jurisdiction of Monticello shown on the
official zoning map and/or attachments thereto as being located within the
boundaries of the floodway or flood fringe districts.
[B]ESTABLISHMENT OF OFFICIAL ZONING MAP: The official zoning
map, together with all materials attached thereto, is hereby adopted by
reference and declared to be a part of this ordinance. The attached
material shall include the Flood Insurance Study for the city of Monticello
prepared by the Federal Insurance Administration dated May 1979, the
Flood Boundary and Floodway Map dated November 1979, and the Flood
Insurance Rate Map dated November 1979 therein. The official zoning
map shall be on file in the office of the City Administrator and the Zoning
Administrator.
[C]REGULATORY FLOOD PROTECTION ELEVATION: The regulatory
flood protection elevation shall be an elevation no lower than one foot
above the elevation of the regional flood plus any increases in flood
elevation caused by encroachments on the flood plain that result from
des igna tio n of a fl ood way.
[D]INTERPRETATION:
1.In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements and shall be
liberally construed in favor of the governing body and shall not be
deemed a limitation or repeal of any other powers granted by state
statutes.
2.The boundaries of the zoning districts shall be determined by
scaling distances on the official zoning map. Where interpretation
is needed as to the exact location of the boundaries of the district as
shown on the official zoning map, as for example where there
appears to be a conflict between a mapped boundary and actual
field conditions, and there is a formal appeal of the decision of the
Zoning Administrator, the Board of Adjustment shall make the
necessary interpretation. All decisions will be based on elevations
on the regional (100-year) flood profile and other available
technical data. Persons contesting the location of the district
MONTICELLO ZONING ORDINANCE
boundaries shall be given a reasonable opportunity to present their
case to the board and to submit technical evidence.
[E]ABROGATION AND GREATER RESTRICTIONS: It is not intended by
this ordinance to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this ordinance imposes
greater restrictions, the provisions of this ordinance shall prevail. All
other ordinances inconsistent with this ordinance are hereby repealed to
the ext ent of t he i nco nsi ste ncy o nly.
[F]WARNING AND DISCLAIMER OF LIABILITY: This ordinance does
not imply that areas outside the flood plain districts or land uses permitted
within such districts will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the City of Monticello or
any officer or employee thereof for any flood damages that result from
reliance on this ordinance or any administrative decision lawfully made
thereunder.
[G]SEVERABILITY: If any section, clause, provision, or portion of this
ordinance is adjudged unconstitutional or invalid by a court of competent
jur isd ict ion , th e rem ain der o f th is o rdi nan ce sh all not be af fect ed t here by.
[H]DEFINITIONS: Unless specifically defined below, words or phrases used
in this ordinance shall be interpreted so as to give them the same meaning
as they have in common usage and so as to give this ordinance its most
reasonable application.
1.ACCESSORY USE OR STRUCTURE--A use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure.
2.BASEMENT--means any area of a structure, including crawl
spaces, having its floor or base subgrade (below ground level) on
all four sides, regardless of the depth of excavation below ground
level.
3.CONDITIONAL USE--means a specific type of structure or land
use listed in the official control that may be allowed but only after
an in-depth review procedure and with appropriate conditions or
restrictions as provided in the official zoning controls or building
codes and upon a finding that:
(a)certain conditions as detailed in the zoning ordinance exist,
and
MONTICELLO ZONING ORDINANCE
(b)the structure and/or land use conform to the comprehensive
land use plan if one exists and are compatible with the
existing neighborhood.
4.EQUAL DEGREE OF ENCROACHMENT--A method of
determining the location of floodway boundaries so that flood plain
lands on bo th sides of a stream are c apable of con veying a
proportionate share of flood flows.
5.FLOOD--A temporary increase in the flow or stage of a stream or
in the stage of a wetland or lake that results in the inundation of
normally dry areas.
6.FLOOD FREQUENCY--The frequency for which it is expected
that a specific flood stage or discharge may be equalled or
exceeded.
7.FLOOD FRINGE--That portion of the flood plain outside of the
floodway. Flood fringe is synonymous with the term "floodway
fringe" used in the Flood Insurance Study for the city of
Monticello.
8.FLOOD PLAIN--The bed s proper and the areas adj oining a
wetland, lake, or watercourse which have been or hereafter may be
covered by the regional flood.
9.FLOOD-PROOFING--A combination of structural provisions,
changes, or adjustment to properties and structures subject to
flooding, primarily for the reduction or elimination of flood
damages.
10.FLOODWAY--The bed of wetland or lake and the channel of a
watercourse and those portions of the adjoining flood plain which
are reasonably required to carry or store the regional flood
discharge.
11.OBSTRUCTION--Any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel modification,
culvert, building, wire, fence, stockpile, refuse, fill, structure, or
matter in, along, across, or projecting into any channel,
watercourse, or regulatory flood plain which may impede, retard,
or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water.
MONTICELLO ZONING ORDINANCE
12.PRINCIPAL USE OR STRUCTURE--means all uses or structures
that are not accessory uses or structures.
13.REACH--A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man-made
obstruction. In an urban area, the segment of a stream or river
between two consecutive bridge crossings would most typically
constitute a reach.
14.REGIONAL FLOOD--A fl ood which i s represent ative of lar ge
floods known to have occurred generally in Minnesota and
reasonably characteristic of what can be expected to occur on an
average frequency in the magnitude of the 100-year recurrence
interval. Regional flood is synonymous with the term "base flood"
use d in the Flo od In sur ance Stu dy.
15.REGULATORY FLOOD PROTECTION ELEVATION--The
regulatory flood protection elevation shall be an elevation no lower
than one foot above the elevation of the regional flood plus any
increases in flood elevation caused by encroachments on the flood
pla in t hat res ult fro m de sign ati on o f a fl ood way.
16.STRUCTURE--anything constructed or erected on the ground or
attached to the ground or on-site utilities, including, but not limited
to, buildings, factories, sheds, detached garages, cabins,
manufactured
homes, travel trailers, vehicles not meeting the exemption criteria
specified in Section 9 [C]1 of the ordinance, and other similar
items.
17.VARIANCE--means a modification of a specific permitted
development standard required in an official control, including this
ordinance, to allow an alternative development standard not stated
as acceptable in the official control, but only as applied to a
particular property for the purpose of alleviating a hardship,
practical difficulty, or unique circumstance as defined and
elaborated upon in a community's respective planning and zoning
enabling legislation.
18-3:ESTABLISHMENT OF ZONING DISTRICTS:
[A]DISTRICTS:
MONTICELLO ZONING ORDINANCE
1.FLOODWAY DISTRICT: The floodway district shall include
those areas designated as floodway on the flood boundary and
floodway map adopted in Section 2 [B].
2.FLOOD FRINGE DISTRICT: The flood fringe district shall
include those areas designated as floodway fringe on the flood
boundary and floodway map adopted in Section 2 [B].
[B]COMPLIANCE: No new structure or land shall hereafter be used and no
structure shall be located, extended, converted, or structurally altered
without full compliance with the terms of this ordinance and other
applicable regulations which apply to uses within the jurisdiction of this
ordinance. Within the floodway and flood fringe districts, all uses not
listed as permitted uses or conditional uses in Sections 4, 5, and 6 that
follow, respectively, shall be prohibited. In addition, a caution is provided
here that:
1.New manufactured homes, replacement manufactured homes, and
certain travel trailers and travel vehicles are subject to the general
provisions of this ordinance and specifically Section 9;
2.Modifications, additions, structural alterations, or repair after
damage to existing nonconforming structures and nonconforming
uses of structures or land are regulated by the general provisions of
this ordinance and specifically Section 11; and
3.As-built elevations for elevated or flood-proofed structures must be
certified by ground surveys, and flood-proofing techniques must be
designed and certified by a registered professional engineer or
architect as specified in the general provisions of this ordinance
and specifically as stated in Section 10 of this ordinance.
18-4:FLOODWAY DISTRICT (FW)
[A]PERMITTED USES:
1.General farming, pasture, grazing, outdoor plant nurseries,
horticulture, truck farming, forestry, sod farming, and wild crop
harvestin g.
2.Industrial-commercial loading areas, parking areas, and airport
landing strips.
3.Private and public golf courses, tennis courts, driving ranges,
archery ranges, picnic grounds, boat launching ramps, swimming
areas, parks, wildlife and nature preserves, game farms, fish
hatcheries, shooting preserves, target ranges, trap and skeet ranges,
hunting and fishing areas, and single or multiple purpose
recreational trails.
MONTICELLO ZONING ORDINANCE
4.Residential lawns, gardens, parking areas, and play areas.
[B]STANDARDS FOR FLOODWAY PERMITTED USES:
1.The use shall have a low flood damage potential.
2.The use shall be permissible in the underlying zoning district if one
exists.
3.The use shall not obstruct flood flows or increase flood elevations
and shall not involve structures, fill, obstructions, excavations, or
storage of materials or equipment.
[C]CONDITIONAL USES:
1.Structures accessory to the uses listed in 4 [A] above and the uses
listed in 4 [C]2 - 4 [C]8 below.
2.Extraction and storage of sand, gravel, and other materials.
3.Marinas, boat rentals, docks, piers, wharves, and water control
structures.
4.Railroads, streets, bridges, utility transmission lines, and pipelines.
5.Storage yards for equipment, machinery, or materials.
6.Placement of fill.
7.Travel trailers and travel vehicles either on individual lots of record
or in existing or new subdivisions or commercial or condominium
type campgrounds, subject to the exemptions and provisions of
Section 9 [C] of this ordinance.
8.Structural works for flood control such as levees, dikes, and
floodwalls constructed to any height where the intent is to protect
individual structures and levees, or dikes where the intent is to
protect agricultural crops for a frequency flood event equal to or
less than the 10-year frequency flood event.
[D]STANDARDS FOR FLOODWAY CONDITIONAL USES:
1.ALL USES. No structure (temporary or permanent), fill (including
fill for roads and levees), deposit, obstruction storage of materials
or equipment, or other uses may be allowed as a conditional use
that will cause any increase in the stage of the 100-year or regional
flood or cause an increase in flood damages in the reach or reaches
affected.
MONTICELLO ZONING ORDINANCE
2.All floodway conditional uses shall be subject to the procedures
and standards contained in Section 10 [D] of this ordinance.
3.The conditional use shall be permissible in the underlying zoning
district if one exists.
4.FILL:
(a)Fill, dredge spoil, and all other similar materials deposited
or stored in the flood plain shall be protected from erosion
by vegetative cover, mulching, riprap, or other acceptable
method.
(b)Dredge spoil sites and sand and gravel operations shall not
be allowed in the floodway unless a long-term site
development plan is submitted which includes an
erosion/sedimentation prevention element to the plan.
(c)As an alternative, and consistent with subsection (b)
immediately above, dredge spoil disposal and sand and
gravel operations may allow temporary, on-site storage of
fill or other materials which would have caused an increase
to the stage of the 100-year or regional flood, but only after
the governing body has received an appropriate plan which
assures the removal of the materials from the floodway
based upon the flood warning time available. The
conditional use permit must be title registered with the
property in the office of the county recorder.
5.ACCESSORY STRUCTURES:
(a)Accessory structures shall not be designed for human
habitation.
(b)Accessory structures, if permitted, shall be constructed and
placed on the building site so as to offer the minimum
obstruction to the flow of flood waters.
i.Whenever possible, structures shall be constructed
with the longitudinal axis parallel to the direction of
flood flow, and
ii.So far as practicable, structures shall be placed
approximately on the same flood flow lines as those
of adjoining structures.
(c)Accessory structures shall be elevated on fill or structurally
dry flood-proofed in accordance with the FP-1 or FP-2
MONTICELLO ZONING ORDINANCE
flood-proofing classifications in the State Building Code.
As an alternative, an accessory structure may be flood-
proofed to the FP-3 or FP-4 flood-proofing classification in
the State Building Code provided the accessory structure
constitutes a minimal investment, does not exceed 500
square feet in size, and for a detached garage, the detached
garage must be used solely for parking of vehicles and
limited storage. All flood-proofed accessory structures
must meet the following additional standards as
appropriate:
i.The structure must be adequately anchored to
prevent flotation, collapse, or lateral movement of
the structure and shall be designed to equalize
hydrostatic flood forces on exterior walls; and
ii.Any mechanical and utility equipment in a structure
must be elevated to or above the regulatory flood
protection elevation or properly flood-proofed.
6.STORAGE OF MATERIALS AND EQUIPMENT:
(a)The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
(b)Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
wit h a p lan app rov ed b y the gove rni ng bo dy.
7.Structural works for flood control that will change the course,
current, or cross section of protected wetlands or public waters
shall be subject to the provisions of Minnesota Statute, Chapter
105. Community-wide structural works for flood control intended
to remove areas from the regulatory flood plain shall not be
all owe d in the flo odw ay.
8.A levee, dike, or floodwall constructed in the floodway shall not
cause an increase to the 100-year or regional flood, and the
technical analysis must assume equal conveyance or storage loss
on both sides of a stream.
18-5:FLOOD FRINGE DISTRICT (FF)
[A]PERMITTED USES: Permitted uses shall be those uses of land or
structures listed as permitted uses in the underlying zoning use district(s).
If no pre-existing underlying zoning use districts exist, then any residential
or non-residential structure or use of a structure or land shall be a
permitted use in the flood fringe provided such use does not constitute a
MONTICELLO ZONING ORDINANCE
public nuisance. All permitted uses shall comply with the standards for
flood fringe "permitted uses" listed in Section 5 [B] and the standards for
all flood fringe "permitted and conditional uses" listed in Section 5 [E].
[B]STANDARDS FOR FLOOD FRINGE PERMITTED USES:
1.All structures, including accessory structures, must be elevated on
fill so that the lowest floor, including basement floor, is at or above
the regulatory flood protection elevation. The finished fill
elevation for structures shall be no lower than one (1) foot below
the regulatory flood protection elevation, and the fill shall extend at
such elevation at least fifteen (15) feet beyond the outside limits of
the structure erected thereon.
2.As an alternative to elevation on fill, accessory structures that
constitute a minimal investment and that do not exceed 500 square
feet for the outside dimension at ground level may be internally
flood- proofed in accordance with Section 4 [D]5(c).
3.The cumulative placement of fill where at any one time in excess
of one thousand (1,000) cubic yards of fill is located on the parcel
shall be allowable only as a conditional use, unless said fill is
specifically intended to elevate a structure in accordance with
Section [B]1 of this ordinance.
4.The storage of any materials or equipment shall be elevated on fill
to the regulatory flood protection elevation.
5.The pro vis ion s of Sec tio n 5 [E] o f th is o rdi nan ce sh all app ly.
[C]CONDITIONAL USES: Any structure that is not elevated on fill or flood-
proofed in accordance with Section 5 [B]1 - 5 [B]2, or any use of land that
does not comply with the standards in Section 5 [B]3 - 5 [B]4 shall only be
allowable as a conditional use. An application for a conditional use shall
be subject to the standards and criteria and evaluation procedures specified
in Sections 5 [D] - 5[E] and 10 [D] of this ordinance.
[D]STANDARDS FOR FLOOD FRINGE CONDITIONAL USES:
1.Alternative elevation methods other than the use of fill may be
utilized to elevate a structure's lowest floor above the regulatory
flood protection elevation. These alternative methods may include
the use of stilts, pilings, parallel walls, etc., or above-grade,
enclosed areas such as crawl spaces or tuck-under garages. The
base or floor of an enclosed area shall be considered above grade
and not a structure's basement or lowest floor if:
(a)the enclosed area is above grade on at least one side of the
structure;
MONTICELLO ZONING ORDINANCE
(b)is designed to internally flood and is constructed with flood
resistant materials; and
(c)is used solely for parking of vehicles, building access, or
storage. The above-noted alternative elevation methods are
subject to the following additional standards:
i.Design and Certification--The structure's design and
as-built condition must be certified by a registered
professional engineer or architect as being in
compliance with the general design standards of the
State Building Code and, specifically, that all
electrical, heating ventilation, plumbing, and air
conditioning equipment and other service facilities
must be at or above the regulatory flood protection
elevation or be designed to prevent flood water from
entering or accumulating within these components
during tim es of floodi ng.
ii.Specific Standards for Above-Grade, Enclosed
Areas--Above-grade, fully enclosed areas such as
crawl spaces or tuck-under garages must be
designed to internally flood, and the design plans
must stipulate:
(aa)The minimum area of opening in the walls
where internal flooding is to be used as a
flood-proo fing techni que. When o penings
are placed in a structure's walls to provide
for entry of flood water to equalize
pressures, the bottom of all openings shall
be no higher than one foot above grade.
Openings may be equipped with screens,
louvers, valves, or other coverings or
devices provided that they permit the
automatic entry and exit of flood water.
(bb)That the enclosed area will be designed of
flood resistant materials in accordance with
the FP-3 or FP-4 classifications in the State
Building Code and shall be used solely for
building access, parking of vehicles, or
storage.
2.Basements, as defined by Section 2 [H]2 of this ordinance, shall be
subject to the follow ing:
(a)Residential basement construction shall not be allowed
MONTICELLO ZONING ORDINANCE
below the regulatory flood protection elevation.
(b)Non-residential basements may be allowed below the
regulatory flood protection elevation provided the basement
is structurally dry flood-proofed in accordance with
Section 5 [D]3 of this ordinance.
3.All other areas of non-residential structures, including basements
to be placed below the regulatory flood protection elevation, shall
be flood-proofed in accordance with the structurally dry flood-
proofing classifications in the State Building Code. Structurally
dry flood-proofing must meet the FP-1 or FP-2 flood-proofing
classification in the State Building Code, and this shall require
making the structure watertight with the walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and
hydrodynamic loads and the effects of buoyancy. Structures flood-
proofed to the FP-3 or FP-4 classification shall not be permitted.
4.When at any one time more than 1,000 cubic yards of fill or other
similar material is located on a parcel for such activities as on-site
storage, landscaping, sand and gravel operations, landfills, roads,
dredge spoil disposal, or construction of flood control works, an
erosion/sedimentation control plan must be submitted unless the
community is enforcing a state-approved shoreland management
ordinance. In the absence of a state-approved shoreland ordinance,
the plan must clearly specify methods to be used to stabilize the fill
on site for a flood event at a minimum of the 100-year or regional
flo od e ven t. T he p lan mus t be prep ared and cert ifi ed b y a
registered professional engineer or other qualified individual
acceptable to the governing body. The plan may incorporate
alternative procedures for removal of the material from the flood
plain if adequate flood warning time exists.
5.STORAGE OF MATERIAL AND EQUIPMENT:
(a)The storage or processing of materials that are, in time of
flooding, flammable, explosive, or potentially injurious to
human, animal, or plant life is prohibited.
(b)Storage of other materials or equipment may be allowed if
readily removable from the area within the time available
after a flood warning and in accordance with a plan
app rov ed b y the gove rni ng bo dy.
6.The pro vis ion s of Sec tio n 5 [E] o f th is o rdi nan ce sh all als o ap ply.
[E]STANDARDS FOR ALL FLOOD FRINGE USES:
MONTICELLO ZONING ORDINANCE
1.All new principal structures must have vehicular access at or above
an elevation not more than two (2) feet below the regulatory flood
protection elevation. If a variance to this requirement is granted,
the Board of Adjustment must specify limitations on the period of
use or occupancy of after determining that adequate flood warning
time and local flood emergency response procedures exist.
2.COMMERCIAL USES: Accessory land uses such as yards,
railroad tracks, and parking lots may be at elevations lower than
the regulatory flood protection elevation; however, a permit for
such facilities to be used by the employees or the general public
shall not be granted in the absence of a flood warning system that
provides adequate time for evacuation if the area would be subject
to flood velocities greater than four feet per second upon
occurrence of the regional flood.
3.MANUFACTURING AND INDUSTRIAL USES: Measures shall
be taken to minimize interference with normal plant operations,
especially along streams having protracted flood durations. Certain
accessory land uses such as yards and parking lots may be at lower
elevations subject to requirements set out in Section 5 [E]2 above.
In considering permit applications, due consideration shall be
given to needs of an industry whose business requires that it be
located in flood plain areas.
4.Fill shall be properly compacted and the slopes shall be properly
protected by the use of riprap, vegetative cover, or other acceptable
method. The Federal Emergency Management Agency (FEMA)
has established criteria for removing the special flood hazard area
designation for certain structures properly elevated on fill above
the 100-year flood elevation--FEMA'S requirements incorporate
specific fill compaction and side slope protection standards for
multi-structure or multi-lot developments. These standards should
be investi gated prior t o the init iation of s ite preparat ion if a chan ge
of special flood hazard area designation will be requested.
5.Flood plain developments shall not adversely affect the hydraulic
capacity of the channel and adjoining flood plain of any tributary
watercourse or drainage system where a floodway or other
encroachment limit has not been specified on the official zoning
map.
6.Standards for travel trailers and travel vehicles are contained in
Section 9 [C].
7.All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation,
collapse, and lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame ties to
MONTICELLO ZONING ORDINANCE
ground anchors. This requirement
is in addition to applicable state or local anchoring requirements
for resisting wind forces.
18-6:RESERVED FOR FUTURE USE
18-7:SUBDIVISIONS*
[A]REVIEW CRITERIA: No land shall be subdivided which is unsuitable
for the reaso n of floodi ng, inadequ ate drainage, water suppl y, or sewage
treatment facilities. All lots within the flood plain districts shall contain a
building site at or above the regulatory flood protection elevation. All
subdivisions shall have water and sewage treatment facilities that comply
with the provisions of this ordinance and have road access both to the
subdivisions and to the individual building sites no lower than two feet
below the regulatory flood protection elevation. For all subdivisions in the
flood plain, the floodway and flood fringe boundaries, the regulatory flood
protection elevation, and the required elevation of all access roads shall be
clearly labeled on all required subdivision drawings and platting
documents.
[B]REMOVAL OF SPECIAL FLOOD HAZARD AREA DESIGNATION:
The Federal Emergency Management Agency (FEMA) has established
criteria for removing the special flood hazard area designation for certain
structures properly elevated on fill above the 100-year flood elevation.
FEMA'S requirements incorporate specific fill compaction and side slope
protection standards for multi-structure or multi-lot developments. These
standards should be investigated prior to the initiation of site preparation if
a change of special flood hazard area designation will be requested.
18-8:PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES:
[A]PUBLIC UTILITIES: All public utilities and facilities such as gas,
electrical, sewer, and water supply systems to be located in the flood plain
shall be flood-proofed in accordance with the State Building Code or
elevated to above the regulatory flood protection elevation.
[B]PUBLIC TRANSPORTATION FACILITIES: Railroad tracks, roads, and
bridges to be located within the flood plain shall comply with Sections 4
and 5 of this ordinance. Elevation to the regulatory flood protection
elevation shall be provided where failure or interruption of these
transportation facilities would result in danger to the public health or
safety or where such facilities are essential to the orderly functioning of
the area. Minor or auxiliary roads or railroads may be constructed at a
lower elevation where failure or interruption of transportation services
wou ld n ot e nda nger the pub lic heal th o r sa fet y.
[C]ON-SITE SEWAGE TREATMENT AND WATER SUPPLY SYSTEMS:
Where public utilities are not provided.
MONTICELLO ZONING ORDINANCE
1.On-site water supply systems must be designed to minimize or
eliminate infiltration of flood waters into the systems; and
2.New or replacement on-site sewage treatment systems must be
designed to minimize or eliminate infiltration of flood waters into
the systems and discharges from the systems into flood waters, and
they shall not be subject to impairment or contamination during
times of flooding. Any sewage treatment system designed in
accordance with the state's current statewide standards for on-site
sewage treatment systems shall be determined to be in compliance
with this section.
18-9:MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND
PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES:
[A]New manufactured home parks and expansions to existing mobile
manufactured home parks shall be subject to the provisions placed on
subdivisions by Section 7 of this ordinance.
[B]The placement of new or replacement manufactured homes in existing
manufactured home parks or on individual lots of record that are located in
flood plain districts will be treated as a new structure and may be placed
only if eleva ted in compl iance with S ectio n 5 of t his or dinan ce. If
vehicular road access for pre-existing manufactured home parks is not
provided in accordance with Section 5 [E]1, then replacement
manufactured homes will not be allowed until the property owner(s)
develops a flood warning emergency plan acceptable to the governing
bod y.
*This section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can,
however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include
necessary flood plain mana gement provisions.
1.All manufactured homes must be securely anchored to an
adequately anchored foundation system that resists flotation,
collapse, and lateral movement.
Methods of anchoring may include, but are not to be limited to, use
of over-the-top or frame ties to ground
anchors. This requirement is in
addition to applicable state or local anchoring requirements for
resisting wind forces.
[C]Travel trailers and travel vehicles that do not meet the exemption criteria
specified in Section 9 [C]1 below shall be subject to the provisions of this
ordinance and as specifically spelled out in Sections 9 [C]3 - 9 [C]4
below:
1.EXEMPTION: Travel trailers and travel vehicles are exempt from
the provisions of this ordinance if they are placed in any of the
areas listed in Section 9 [C]2 below and further, they meet the
MONTICELLO ZONING ORDINANCE
following criteria:
(a)Have current licenses required for highway use.
(b)Are highway ready meaning on wheels or the internal
jacking system, are attached to the site only by quick
disconnect type utilities commonly used in campgrounds
and trailer parks, and travel trailer/travel vehicle has no
permanent structural type additions attached to it.
(c)The travel trailer or travel vehicle and associated use must
be permissible in any pre-existing, underlying zoning use
district.
3.Travel trailers and travel vehicles exempted in Section 9 [C]1 lose
this exemption when development occurs on the parcel exceeding
One Thousand Dollars ($1,000.00) for a structural addition to the
travel trailer/travel vehicle or an accessory structure such as a
garage or storage building. The travel trailer/travel vehicle and all
additions and accessory structures will then be treated as a new
structure and shall be subject to the elevation/flood-proofing
requirements and the use of land restrictions specified in Sections 4
and 5 of this ordinance.
4.New commercial travel trailer or travel vehicle parks or
campgrounds and new residential type subdivisions and
condominium associations and the expansion of any existing
similar use exceeding five (5) units or dwelling sites shall be
subject to the follow ing:
(a)Any new or replacement travel trailer or travel vehicle will
be allowed in the floodway or flood fringe districts
provided said trailer or vehicle and its contents are placed
on fill above the regulatory flood protection elevation and
proper elevated road access to the site exists in accordance
with Section 5 [E]1 of this ordinance. Any fill placed in a
floodway for the purpose of elevating a travel trailer shall
be subject to the requirements of Section 4.
(b)All new or replacement travel trailers or travel vehicles not
meeting the criteria of (a) above may, as an alternative, be
allowed as a conditional use if in accordance with the
following provisions and the provisions of 10 [D] of the
ordinance. The applicant must submit an emergency plan
for the safe evacuation of all vehicles and people during the
100-year flood. Said plan shall be prepared by a registered
engineer or other qualified individual and shall demonstrate
that adequate time and personnel exist to carry out the
evacuation. All attendant sewage and water facilities for
new or replacement travel trailers or other recreational
MONTICELLO ZONING ORDINANCE
vehicles must be protected or constructed so as to not be
impaired or contaminated during times of flooding in
accordance with Section 8 [C] of this ordinance.
18-10:ADMINISTRATION:
[A]ZONING ADMINISTRATOR: A Zoning Administrator designated by the
governing body shall administer and enforce this ordinance. If the Zoning
Administrator finds a violation of the provisions of this ordinance, the
Zoning Administrator shall notify the person responsible for such violation
in accordance with the procedures stated in Section 12 of the ordinance.
[B]PERMIT REQUIREMENTS:
1.Permit Required. A permit issued by the Zoning Administrator in
conformity with the provisions of this ordinance shall be secured
prior to th e erection, addition, or alterati on of any build ing,
structure, or portion thereof; prior to the use or change of use of a
building, structure, or land; prior to the change or extension of a
non-conforming use; and prior to the placement of fill, excavation
of materials, or the storage of materials or equipment within the
flood plain.
2.Application for Permit. Application for a permit shall be made in
duplicate to the Zoning Administrator on forms furnished by the
Zoning Administrator and shall include the following where
applicable: plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the lot; existing or
proposed structures, fill, or storage of materials; and the location of
the foregoing in relation to the stream channel.
3.State and Federal Permits. Prior to granting a permit or processing
an application for a conditional use permit or variance, the Zoning
Administrator shall determine that the applicant has obtained all
necessary state and federal permits.
4.Certificate of Zoning Compliance for a New, Altered, or
Nonconforming Use. It shall be unlawful to use, occupy, or permit
the use or occupancy of any building or premises or part thereof
hereafter created, erected, changed, converted, altered, or enlarged
in its use or structure until a Certificate of Zoning Compliance
shall have been issued by the Zoning Administrator stating that the
use of the building or land conforms to the requirements of this
ordinance.
5.Construction and Use to be as Provided on Applications, Plans,
Permits, Variances, and Certificates of Zoning Compliance.
Permits, conditional use permits, or Certificates of Zoning
Compliance issued on the basis of approved plans and applications
authorize only the use, arrangement, and construction set forth in
MONTICELLO ZONING ORDINANCE
such approved plans and applications, and no other use,
arrangement, or construction. Any use, arrangement, or
construction at variance with that authorized shall be deemed a
violation of this ordinance and punishable as provided by Section
12 of this ordinance.
6.Certification. The applicant shall be required to submit
certification by a registered professional engineer, registered
architect, or registered land surveyor that the finished fill and
building elevations were accomplished in compliance with the
provisions of this ordinance.
Flood-proofing measures shall be certified by a registered
professional engineer or registered architect.
7.Record of First Floor Elevation. The Zoning Administrator shall
maintain a record of the elevation of the lowest floor (including
basement) of all new structures and alterations or additions to
existing structures in the flood plain. The Zoning Administrator
shall also maintain a record of the elevation to which structures and
alterations or additions to structures are flood proofed.
[C]BOARD OF ADJUSTMENT:
1.Rules. The Board of Adjustment shall adopt rules for the conduct
of business and may exercise all of the powers conferred on such
boards by state law.
2.Administrative Review. The Board shall hear and decide appeals
where it is alleged there is error in any order, requirement,
decision, or determination made by an administrative official in the
enforcement or administration of this ordinance.
3.Variances. The Board may authorize upon appeal in specific cases
such relief or variance from the terms of this ordinance as will not
be contrary to the public interest and only for those circumstances
such as hardship, practical difficulties, or circumstances unique to
the property under consideration as provided for in the respective
enabling legislation for planning and zoning for cities or counties
as appropriate. In the granting of such variance, the Board of
Adjustment shall clearly identify in writing the specific conditions
that existed consistent with the criteria specified in the respective
enabling legislation which justified the granting of the variance.
No variance shall have the effect of allowing in any district uses
prohibited in that district, permit a lower degree of flood protection
than the regulatory flood protection elevation for the particular
area, or permit standards lower than those required by state law.
4.Hearings. Upon filing with the Board of Adjustment of an appeal
from a decision of the Zoning Administrator or an application for a
MONTICELLO ZONING ORDINANCE
variance, the Board shall fix a reasonable time for a hearing and
give due notice to the parties in interest as specified by law. The
Board shall submit by mail to the Commissioner of Natural
Resources a copy of the application for proposed variances
sufficiently in advance so that the Commissioner will receive at
least ten d ays' notice of th e hearing.
5.Decisions. The Board shall arrive at a decision on such appeal or
variance within 90 days. In passing upon an appeal, the Board
may, so long as such action is in conformity with the provisions of
this ordinance, reverse or affirm, wholly or in part, or modify the
order, requirement, decision, or determination of the Zoning
Administrator or other public official. It shall make its decision in
writing setting forth the findings of fact and the reasons for its
decisions. In granting a variance, the Board may prescribe
appropriate conditions and safeguards such as those specified in
Section 10 [D]6, which are in conformity with the purposes of this
ordinance. Violations of such conditions and safeguards, when
made a part of the terms under which the variance is granted, shall
be deemed a violation of this ordinance punishable under Section
12. A copy of all decisions granting variances shall be forwarded
by mail to the Commissioner of Natural Resources within ten (10)
days of such action.
6.Appeals. Appeals from any decision of the Board may be made
and as specified in this community's official controls and also
Minnesota Statutes.
7.Flood Insurance Notice and Record Keeping. The Zoning
Administrator shall notify the applicant for a variance that:
(a)The issuance of a variance to construct a structure below
the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100
of insurance coverage, and
(b)Such construction below the 100-year or regional flood
level increases risks to life and property. Such notification
shall be maintained with a record of all variance actions. A
community shall maintain a record of all variance actions,
including justification for their issuance, and report such
variances issued in its annual or biennial report submitted
to the Administrator of the National Flood Insurance
Program.
[D]CONDITIONAL USES: The City Council shall hear and decide
applications for conditional uses permissible under this ordinance.
Applications shall be submitted to the Zoning Administrator, who shall
forward the application to the City Council for consideration.
MONTICELLO ZONING ORDINANCE
1.Hearings. Upon filing with the City Council an application for a
conditional use permit, the City Council shall submit by mail to the
Commissioner of Natural Resources a copy of the application for
proposed conditional use sufficiently in advance so that the
Commissi oner will r eceive at lea st ten days' not ice of the he aring.
2.Decisions. The City Council shall arrive at a decision on a
conditional use within 90 days. In granting a conditional use
permit, the City Council shall prescribe appropriate conditions and
safeguards in addition to those specified in Section 10 [D]6, which
are in conformity with the purposes of this ordinance. Violations
of such conditions and safeguards, when made a part of the terms
under which the conditional use permit is granted, shall be deemed
a violation of this ordinance punishable under Section 12. A copy
of all decisions granting conditional use permits shall be forwarded
by mail to the Commissioner of Natural Resources within ten (10)
days of such action.
3.Procedures to be followed by the City Council in passing on
conditional use permit applications within all flood plain districts:
(a)Require the applicant to furnish such of the following
information and additional information as deemed
necessary by the City Council for determining the
suitability of the particular site for the proposed use:
i.Plans in triplicate drawn to scale showing the
nature, location, dimensions, and elevation of the
lot, existing or proposed structures, fill, storage of
materials, flood-proofing measures, and the
relationship of the above to the location of the
stream channel.
ii.Specifications for building construction and
materials , flood-pro ofing, fill ing, dredgin g, grading,
channel improvement, storage of materials, water
supply, and sanitary facilities.
(b)Transmit one copy of the information described in
subsection (a) to a designated engineer or other expert
pers on o r age ncy fo r te chn ica l as sis tan ce, w here nece ssa ry,
in evaluating the proposed project in relation to flood
heights and velocities, the seriousness of flood damage to
the use, the adequacy of the plans for protection, and other
technical matters.
(c)Based upon the technical evaluation of the designated
engineer or expert, the City Council shall determine the
specific flood hazard at the site and evaluate the suitability
MONTICELLO ZONING ORDINANCE
of the proposed use in relation to the flood hazard.
4.Factors Upon Which the Decision of the City Council Shall be
Based. In passing upon conditional use applications, the City
Council shall consider all relevant factors specified in other
sections of this ordinance, and:
(a)The danger to life and property due to increased flood
heights or velocities caused by encroachments.
(b)The danger that materials may be swept onto other lands or
downstream to the injury of others or they may block
bridges, culverts, or other hydraulic structures.
(c)The proposed water supply and sanitation systems and the
ability of these systems to prevent disease, contamination,
and unsanitary conditions.
(d)The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the
individual owner.
(e)The importance of the services provided by the proposed
faci lit y to t he co mmu nit y.
(f)The requirements of the facility for a waterfront location.
(g)The availability of alternative locations not subject to
flooding for the proposed use.
(h)The compatibility of the proposed use with existing
development and development anticipated in the
foreseeable future.
(i)The relationship of the proposed use to the comprehensive
plan and flood plain management program for the area.
(j)The safety of access to the property in times of flood for
ordinary and emergency vehicles.
(k)The expected heights, velocity, duration, rate of rise, and
sediment transport of the flood waters expected at the site.
(l)Such other factors which are relevant to the purposes of this
ordinance.
5.Time for Acting on Application. The City Council shall act on an
application in the manner described above within 90 days from
receiving the application, except that where additional information
MONTICELLO ZONING ORDINANCE
is required pursuant to 10 [D]4 of this ordinance, the City Council
shall render a written decision within 60 days from the receipt of
such additional information.
6.Conditions Attached to Conditional Use Permits. Upon
consideration of the factors listed above and the purpose of this
ordinance, the City Council shall attach such conditions to the
granting of conditional use permits as it deems necessary to fulfill
the purposes of this ordinance. Such conditions may include, but
are not lim ited to, t he followi ng:
(a)Modification of waste treatment and water supply facilities.
(b)Limitations on period of use, occupancy, and operation.
(c)Imposition of operational controls, sureties, and deed
restrictions.
(d)Requirements for construction of channel modifications,
compensatory storage, dikes, levees, and other protective
measures.
(e)Flood-proofing measures in accordance with the State
Building Code and this ordinance. The applicant shall
submit a plan or document certified by a registered
professional engineer or
architect that the flood-proofing measures are consistent
with the regulatory flood protection elevation and
associated flood factors for the particular area.
18-11:NON-CONFORMING USES:
[A]A structure or the use of a structure or premises which was lawful before
the passage or amendment of this ordinance but which is not in conformity
with the provisions of this ordinance may be continued subject to the
following conditions:
1.No such use shall be expanded, changed, enlarged, or altered in a
way wh ich inc reas es i ts n on-con for mit y.
2.Any alteration or addition to a non-conforming structure or non-
conformin g use which wo uld result in increasi ng the flood damage
potential of that structure or use shall be protected to the regulatory
flood protection elevation in accordance with any of the elevation
on fill or flood-proofing techniques (i.e., FP-1 thru FP-4 flood-
proofing classifications) allowable in the State Building Code,
except as further restricted in 11 [A]3 below.
3.The cost of any structural alterations or additions to any non-
MONTICELLO ZONING ORDINANCE
conforming structure over the life of the structure shall not exceed
50 percent of the market value of the structure unless the
conditions of this section are satisfied. The cost of all structural
alterations and additions constructed since the adoption of the
community's initial flood plain controls must be calculated into
today's current cost, which will include all costs such as
construction materials and a reasonable cost placed on all
manpower or labor. If the current cost of all previous and proposed
alterations and additions exceeds 50 percent of the current market
value of the structure, then the structure must meet the standards of
Section 4 or 5 of this ordinance for new structures depending upon
whether the structure is in the floodway or flood fringe,
res pect ive ly.
4.If any non-conforming use is discontinued for 12 consecutive
months, any future use of the building premises shall conform to
this ordinance. The assessor shall notify the Zoning Administrator
in writing of instances of non-conforming uses which have been
discontinued for a period of 12 months.
5.If any non-conforming use or structure is destroyed by any means,
including floods, to an extent of 50 percent or more of its market
value at the time of destruction, it shall not be reconstructed except
in conformity with the provisions of this ordinance. The applicable
provisions for establishing new uses or new structures in
Sections 4 or 5 will apply depending upon whether the use or
str uct ure i s in the flo odw ay or f loo d fr inge dis tri ct, res pect ive ly.
18-12:PENALTIES FOR VIOLATION:
[A]Violation of the provisions of this ordinance or failure to comply with any
of its requirements (including violations of conditions and safeguards
established in connection with grants of variances or conditional uses)
shall constitute a misdemeanor and shall be punishable as defined by law.
[B]Nothing herein contained shall prevent the City of Monticello from taking
such other lawful action as is necessary to prevent or remedy any violation.
Such actions may include but are not limited to:
1.In responding to a suspected ordinance violation, the Zoning
Administrator and local government may utilize the full array of
enforcement action available to it, including, but not limited to,
prosecution and fines, injunctions, after-the-fact permits, orders for
corrective measures, or a request to the National Flood Insurance
Program for denial of flood insurance availability to the guilty
party. The community must act in good faith to enforce these
official controls and to correct ordinance violations to the extent
possible so as not to jeopardize its eligibility in the National Flood
Insurance Program.
MONTICELLO ZONING ORDINANCE
2.When an ordinance violation is either discovered by or brought to
the attention of the Zoning Administrator, the Zoning
Administrator shall immediately investigate the situation and
document the nature and extent of the violation of the official
control. As soon as is reasonably possible, this information will be
submitted to the appropriate Department of Natural Resources and
Federal Emergency Management Agency Regional Office along
with the community's plan of action to correct the violation to the
degree possible.
3.The Zoning Administrator shall notify the suspected party of the
requirements of this ordinance and all other official controls and
the nature and extent of the suspected violation of these controls.
If the structure and/or use is under construction or development,
the Zoning Administrator may order the construction or
development immediately halted until a proper permit or approval
is granted by the community. If the construction or development is
already completed, then the Zoning Administrator may either (1)
issue an order identifying the corrective actions that must be made
within a specified time period to bring the use or structure into
compliance with the official controls, or (2) notify the responsible
party to apply for an after--the-fact permit/development approval
within a specified period of time not to exceed 30 days.
4.If the responsible party does not appropriately respond to the
Zoning Administrator within the specified period of time, each
additional day that lapses shall constitute an additional violation of
this ordinance and shall be prosecuted accordingly.
The Zoning Administrator shall also, upon the lapse of the
specified response period, notify the landowner to restore the land
to the condition which existed prior to the violation of this
ordinance.
18-3:AMENDMENTS:
[A]The flood plain designation on the official zoning map shall not be
removed from flood plain areas unless it can be shown that the designation
is in error or that the area has been filled to or above the elevation of the
regional flood and is contiguous to lands outside the flood plain. Special
exceptions to this rule may be permitted by the Commissioner of Natural
Resources if he determines that, through other measures, lands are
adequately protected for the intended use.
[B]All amendments to this ordinance, including amendments to the official
zoning map, must be submitted to and approved by the Commissioner of
Natural Resources prior to adoption. Changes in the official zoning map
must meet the Federal Emergency Management Agency's (FEMA)
technical conditions and criteria and must receive prior FEMA approval
before adoption. The Commissioner of Natural Resources must be given
MONTICELLO ZONING ORDINANCE
10 days' written notice of all hearings to consider an amendment to this
ordinance, and said notice shall include a draft of the ordinance
amendment or technical study under consideration.
(#189, 5/14/90)
27/1MONTICELLO ZONING ORDINANCE
CHAPTER 27
REGULATING THE MANAGEMENT OF THE
MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM
AND TH E SHOR ELAND A REAS OF THE CITY OF MONTIC ELLO
SECTION:
27-1:General Provisions
27-2:Designation of Types of Land Use
27-1:GENERAL PROVISION
[A]STATUTORY AUTHORIZATION: This shoreland management ordinance
is adopted pursuant to the authorization contained in the Laws of Minnesota
1973, Chapter 379, 272, and in furtherance of the policies declared in
Minnesota Statutes 1976, Chapters 104, 105, 115, 116, and 462, and
Minnesota Regulations NR 78-81, Rules and Regulations for Wild, Scenic,
and Recreational Rivers, NR 82-84, Rules and Regulations for the
Management of Shoreland areas within municipalities, and NR 2400-2420,
Rules and Regulations relating to the designation, classification, and
management of the Mississippi River in Stearns, Sherburne, Wright, Anoka,
and Hennepin Counties.
[B]POLICY: The uncontrolled use of shorelands of the City of Monticello
affects the public health, safety, and general welfare not only by contributing
to pollution of public waters, but also by impairing the local tax base.
Therefore, it is in the best interest of the public health, safety, and welfare to
provide for the wise development of shorelands of public waters. The
legislature of Minnesota has delegated responsibility to the municipalities of
the shorelands of public waters and thus preserve and enhance the quality of
surface waters, preserve the economic and natural environmental values of
shorelands, and provide for the wise utilization of waters and related
resources. This responsibility is hereby recognized by the City of Monticello.
It is in the interest of present and future generations to preserve and protect
the outstanding scenic, recreational, natural, historical, and scientific values
of the Mississippi River and its adjacent lands. Accordingly, the
Commissioner of Natural Resources provides standards and criteria for the
preservation, protection, and management of the Mississippi River as
authorized by the Laws of Minnesota 1973, Chapter 271, and Minnesota
Regulations NR 78-81 and NR 2400-2420.
[C]STATEMENT OF PURPOSE: To achieve the policies described in
paragraph B above and to:
1.Designate suitable land use zoning districts compatible with the
shoreland management classification and consistent with NR 2400-
27/2MONTICELLO ZONING ORDINANCE
2420.
2.Regulate the minimum dimensions for the size and length of water
frontage of lots suitable for building sites.
3.Regulate the placement of structures in relation to shorelines and
roads.
4.Regulate the amount of impervious surface allowed on each lot.
5.Regulate the type of placement of sanitary and waste disposal
facilities.
6.Regulate alteration of the natural shorelands vegetation and
top ogra phy.
7.Regulate placement of roads and parking areas.
8.Regulate the subdivision of land.
9.Regulate the location of utility transmission crossings of shorelands.
10.Regulate the construction or reconstruction of public roads in
shoreland areas.
11.Provide for the enforcement and administration of municipal
shoreland management ordinances and management of the
recreational river ordinances within the City of Monticello.
[D]JURISDICTION: The jurisdiction of this chapter shall include the shorelands
of all public water in the city of Monticello as depicted on the official zoning
map of the City of Monticello and the recreational river land use district as
described in NR 2420.
[E]COMPLIANCE: The use of any shoreland of public water; the size and
shape of lots; the use, size, type, and location of structures on lots; the
installation and maintenance of water supply and waste disposal facilities; the
filling, grading, lagooning or dredging of any shoreland area; the cutting of
shoreland vegetation; and the subdivision of lots shall be in full compliance
with the terms of this chapter and other applicable regulations and
ordinances . Construc tion of bui ldings, pri vate water s upply, and sewa ge
disposal systems and erection of signs shall require a permit unless otherwise
expressly excluded by the requirements of this chapter.
[F]ABROGATION AND GREATER RESTRICTION:
1.The provisions of Title 10, Zoning Ordinance, and zoning map of the
City of Monticello, Minnesota, as revised and amended, of which this
chapter is a part, are hereby incorporated by reference and shall be
27/3MONTICELLO ZONING ORDINANCE
made as much a part of this ordinance as if the matter described were
fully set out herein.
2.It is not otherwise intended by this overlay chapter to repeal, abrogate,
or impair any existing deed restrictions or ordinances other than
zoning to the extent specified in paragraph [F] above; however, where
this chapter imposes greater restrictions, the provisions of this chapter
shall prevail.
[G]INTERPRETATION: In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements and shall be
liberally constructed in favor of the City and shall not be deemed a limitation
or r epea l of any o the r po wers gran ted by Minnesota Statutes.
[H]SEVERABILITY: The provisions of this chapter shall be severable, and the
invalidity of any paragraph, sub-paragraph, or subdivision thereof shall not
make void any other paragraph, sub-paragraph, subdivision or any other part.
[I]DEFINITIONS: For the purpose of this chapter, certain terms or words used
herein shall be interpreted as follows: the word "shall" is mandatory, not
permissive. All distance unless otherwise specified shall be measured
hor izo nta lly.
1.BOATHOUSE: A structure used solely for the storage of boats or
boating equipment.
2.BUILDING LINE: That line measured across the width of the lot at
the point where the main structure is placed in accordance with the
setback provisions.
3.CLEAR-CUTTING: The removal of an entire stand of trees.
4.HARDSHIP: The property in question cannot be put to a reasonable
use under the conditions allowed by the official controls; the plight of
the landowners is due to circumstances unique to his property, not
created by the landowner; and the variance, if granted, will not alter
the essential character of the locality. Economic consideration alone
shall not constitute a hardship if a reasonable use for the property
exists under terms of the official controls.
5.LOT: A parcel of land designated by metes and bounds description,
registered land survey, auditors plat, or other accepted means and
separated from other parcels or portions by said description or the
purposes of sale, lease, or separation thereof. For the purposes of
these regulations, a lot shall be considered to be an individual building
site which shall be occupied by not more than one principal structure
equipped with sanitary facilities.
6.ORDINARY HIGH WATER: A mark delineating the highest water
27/4MONTICELLO ZONING ORDINANCE
level which has been maintained for a sufficient period of time to
leave evidence upon the landscape. The ordinary high water mark is
commonly that point where the natural vegetation changes from
predominantly aquatic to predominantly terrestrial.
7.PLANNED UNIT DEVELOPMENT: A type of development which may
incorporate a variety of land uses planned and developed as a unit. The
planned unit development is distinguished from the traditional subdivision
process of development in that zoning standards such as density, setbacks,
height limits, and minimum lot sizes may be altered by negotiation and
agreement between the developer, the municipality, and the Commissioner of
Natural Resources.
8.PLANNING AGENCY: The Planning Commission or planning department
as cr eat ed b y the mun ici pal ity.
9.PUBLIC WATERS: Any waters of the state which serve a beneficial public
purpose as defined in Minnesota Statutes 1976, Section 105.37, Subdivision
6. However, no lake, pond, or flowage of less than ten (10) acres in size and
no river or stream having a total drainage area less than two (2) square miles
shall be regulated for the purposes of these regulations. A body of water
created by a private user where there was no previous shoreland as defined
herein for a designated private use authorized by the Commissioner of
Natural Resources shall be exempt from the provisions of these regulations.
The official determination of the size and physical limits of drainage areas of
rivers and streams shall be made by the Commissioner of Natural Resources.
The official size of lakes, ponds, or flowage shall be the areas listed in the
Division of Water Bulletin 25, and Inventory of Minnesota lakes; or in the
event that lakes, ponds, or flowages are not listed therein, official
determination of size and physical limits shall be made by the Commissioner
of N atu ral Res our ces i n co ope rat ion wit h th e mu nic ipa lit y.
10.SETBACK: The minimum horizontal distance between a structure or
sanitary facility and the ordinary high water mark, or between a structure or
sanitary facility and a road, highway, or property lines.
11.SHORELAND: Land located within the following distances from public
water:
(a)1,000 feet from the ordinary high water mark of a lake, pond,
or flowages.
(b)Three hundred (300) feet from a river or stream, or the
landward extent of a flood plain designated by ordinance on
such river or stream, whichever is greater. The practical limits
of shorelands may be less than the statutory limits where such
limits are designated by natural drainage divides at lesser
distances as shown on the official zoning map of the City of
27/5MONTICELLO ZONING ORDINANCE
Monticello.
(c)The area included in the recreational land use districts for the
Mississippi River as defined in Minnesota Regulations NR
2400-2420.
12.SUBDIVISION: Improved or unimproved land or lands which are
divided for the purposes of ready sale or lease, or divided successively
within a five (5) year period for the purpose of sale or lease, into three
(3) or more lots or parcels of less than five (5) acres each, contiguous
in area, and which are under common ownership or control.
13.SUBSTANDARD USE: Any use of shorelands existing prior to the
date of enactment of this ordinance which is permitted within the
applicable zoning district but does not meet the minimum lot area and
length or water frontage, structure setbacks, or other dimensional
standards of the ordinance.
27-2:DESIGNATION OF TYPES OF LAND USE
In order to guide the wise development and utilization of shorelands of public waters
for the preservation of water quality, natural characteristics, economic values, and the
general health, safety, and welfare in the city of Monticello, a shoreland management
classification has been given by the Commissioner of Natural Resources, and uses of
shoreland in these classes are hereby designated by land use districts, based on the
compatibility of the designated type of land use with the shoreland management
classification.
[A]SHORELAND MANAGEMENT CLASSIFICATION SYSTEM: The public
waters in the city of Monticello have been classified by the Commissioner of
Natural Resources as "general development lakes and streams" which include
the Mississippi River and Otter Creek. In addition, the Mississippi River has
been designated as a "recreational" component of Minnesota's wild, scenic,
and recreational rivers system.
[B]SHORELAND OVERLAY DISTRICT: The shorelands of the city of
Monticello are hereby designated as a shoreland overlay district. The purpose
of the shoreland overlay district is to provide for the wise utilization of
shoreland areas in order to preserve the quality and natural character of the
public waters of the city of Monticello.
1.PERMITTED USES: All permitted uses allowed and regulated by the
applicable zoning district underlying this shoreland overlay district as
indicated on the official zoning map of the City of Monticello.
2.CONDITIONAL USES: All conditional uses and applicable attached
conditions allowed and regulated by the applicable zoning district
underlying this shoreland overlay district as indicated on the official
zoning map of the City of Monticello.
27/6MONTICELLO ZONING ORDINANCE
3.GENERAL PROVISIONS: The following standards shall apply to all
shorelands of all public waters within the city of Monticello. Where
the requirements of the underlying zoning district as shown on the
official zoning map are more restrictive than those set forth herein,
the n th e mo re re str ict ive sta nda rds sha ll a ppl y.
GENERAL
UNSEWERED AREA DEVELOPMENT
WATERS
Lot area (feet)20,000
Water frontage and lot width at a
building line (feet) 100
Building se tback from o rdinary high
water mark (feet) 75
Building setback from roads and
highways (feet) 50
Federal/State/County
20
Municipal/Private
Elevation of lowest floor above highest
known water level (feet) 3
Building height limitation (feet) 35
Total lot area covered by impervious
surface (%) 30
Sewage system setback from ordinary
high water mark (feet) 50
Sewage system elevation above highest
groundwater level or bedrock (feet) 4
GENERAL
SEWERED AREA DEVELOPMENT WATERS
All provisions for unsewered areas shall apply to sewered areas except
for the following, which shall supersede the provisions applied to
unsewered areas:
Lot Area (feet):
27/7MONTICELLO ZONING ORDINANCE
Waterfront lots 15,000 abutting public waters
Other lots 12,000 not abutting public waters
GENERAL
SEWERED AREA DEVELOPMENT WATERS
Lot Area (feet):
Water frontage and lot width
at building line (feet)80
Bui ldi ng se tba ck fr om o rdi nary
high water mark (feet)50
[C]VEGETATIVE CUTTING PROVISIONS AND GRADING AND FILLING
(Recreational River):
1.On lands within the building setback from the normal high water
mark, the Mississippi River, and the portion of Otter Creek within the
recreational land use district:
(a)Clear-cutting except for any authorized public services such as
roads and utilities shall not be permitted.
(b)Selective cutting of trees in excess of four (4) inches in
diameter at breast height is permitted provided that cutting is
spaced in several cutting operations and a continuous tree
cover is maintained, uninterrupted by large openings. In cases
where the ex isting tree cover has bee n interrup ted by large
openings in the past, selective cutting should be performed so
as to maintain a continuous tree cover in the remaining
wooded areas.
(c)The above cutting provisions shall not be deemed to prevent:
i.The removal of diseased or insect infested trees or of
rotten or damaged trees that present safety hazards; or
ii.Pruning understory vegetation, shrubs, plants, bushes,
grasses, or from harvesting crops or cutting suppressed
trees or trees less than four (4) inches in diameter at
breast height.
2.Clear-cutting anywhere in wild, scenic, or recreational river land use
districts is subject to the following standards and criteria:
(a)Clear-cutting shall not be used as a cutting method where soil,
27/8MONTICELLO ZONING ORDINANCE
slope, or other watershed conditions are fragile and subject to
inj ury.
(b)Clear-cutting shall be conducted only where clear-cut blocks,
patches, or strips are in all cases shaped and blended with the
natural terrain.
(c)The size of clear-cut blocks, patches, or strips shall be kept at
the min imu m ne cess ary.
(d)Where feasible, all clear-cuts shall be conducted between
September 15 and May 15. If natural regeneration will not
result in adequate vegetative cover, areas in which clear-
cutting is conducted shall be replanted to prevent erosion and
to maintain the aesthetic quality of the area. Where feasible,
replanting shall be performed in the same spring or the
following s pring.
3.Grading and filling in of the natural topography which is not
accessory to a permitted or conditional use shall not be permitted in
the land use district.
4.Grading and filling in of the natural topography which is accessory to
a permitted or conditional use shall be performed in a manner which
minimizes earth moving, erosion, tree-clearing, and the destruction of
natural amenities and shall be controlled by the local ordinance.
5.Grading and filling in of the topography shall also meet the following
standards:
(a)The smallest amount of bare ground is exposed for as short a
time as feasible.
(b)Temporary ground cover such as mulch is used and permanent
ground cover such as sod is planted.
(c)Methods to prevent erosions and trap sediment are employed.
(d)Fill is stabilized to accepted engineering standards.
6.Excavation of material from or filling in a recreational river or
construction of any permanent structures or navigational obstructions
therein is prohibited unless authorized by a permit from the
Commissioner pursuant to Minnesota Statutes, Section 105.42.
7.No state or local authority shall authorize the drainage or filling in of
wetlands within the recreational river land use district.
[D]VEGETATIVE CUTTING, GRADING, AND FILLING (Other Public
27/9MONTICELLO ZONING ORDINANCE
Waters):
1.The removal of natural vegetation shall be restricted to prevent
erosion into the public waters, to consume nutrients in the soil, and to
preserve shoreland aesthetics. Removal of natural vegetation in the
shoreland overlay district shall be subject to the following provisions:
(a)Selective removal of natural vegetation shall be allowed,
provided that sufficient vegetative cover remains to screen
cars, dwellings, and other structures when viewed from the
water.
(b)Clear-cutting of natural vegetation shall be prohibited.
(c)Natural vegetation shall be restored insofar as feasible after
any construction project is completed in order to retard surface
run-off and soil erosion.
(d)The provisions of this section shall not apply to permitted uses
which normally require the removal of natural vegetation.
2.Grading and filling in shoreland areas or any alterations of the natural
topography where the slope of the land is toward a public water or
wat erco urs e le adi ng to a pu bli c wat er m ust be au tho riz ed b y a
conditional use permit. The permit may be granted subject to the
conditions that:
(a)The smallest amount of ground is exposed for as short a time
as feasible.
(b)Temporary ground cover such as mulch is used and permanent
ground cover such as sod is planted.
(c)Methods to prevent erosion and trap sediment are employed.
(d)Fill is stabilized to accepted engineering standards.
3.Excavations on shorelands where the intended purpose is connection
to a public water shall require a permit from the Zoning Administrator
before construction is begun. Such permit may be obtained only after
the Commissioner of Natural Resources has issued a permit for work
in the beds of public waters.
[E]UTILITY COMPANIES, STANDARDS, AND CRITERIA FOR UTILITY
CROSSINGS: All transmission services constructed within the Mississippi
River recreational shoreland district shall require a conditional use permit.
The construction of such transmission services shall be subject to the
standards and criteria of Minnesota Regulations NR 70 (I) (2). No
conditional use permit shall be required for high voltage transmission lines
27/10MONTICELLO ZONING ORDINANCE
under control of the Environmental Quality Council pursuant to Minnesota
Statutes, Section 1160.61.
[F]PUBLIC ROAD, RIVER CROSSINGS: All new construction or
reconstruction of public roads within the Mississippi River recreational
shoreland district shall require a conditional use permit. Such construction or
reconstruction shall be subject to the standards and criteria of Minnesota
Regulations NR 79 (J) (2). A conditional use permit is not required for minor
public streets which are streets
intended to serve primarily as an access to abutting properties. "Public
Roads" include township, county, and municipal roads and highways which
serve or are designed to serve flows of traffic between communities or other
traffic generating areas.
[G]SANITARY PROVISIONS: Any public or private supply of water for
domestic consumption purposes shall conform with the Minnesota
Department of Health standards for water supply. No person, firm, or
corporation shall install, alter, repair, or extend any private well without first
obtaining the necessary permits from the County Sanitation Office.
1
Exhibit 7F
Title 10 – Monticello Zoning Code
Code Amendment Overview Memo
Prepared by: Angela Schumann
To follow is a brief overview of the most substantive changes proposed for each of the eight
chapters of the proposed Title 10, Monticello Zoning Code.
Chapter 1
1.8: Transitional Regulations
With the adoption of a new ordinance, it is important to detail how the new code will be
applied to existing uses. This section provides detail on this subject. Additional
information relative to non-conformities will be covered in Chapter 6.
1.9: Severability
Additional support has been given to ensuring the individual merit of every section or
clause of the code, including those conditions assigned by the City.
Chapter 2
2.2: Summary of Decision-Making and Review Bodies
The roles, powers and duties, and review authority for each reviewing body of the City
are clearly identified.
Table 2-1 provides at-a-glance review information for each type of planning application.
2.4: Specific Review Procedures & Requirements
Application requirements for each type of land use procedure are clearly enumerated.
A graphic illustrating the review path for each type of application has been added in a
sidebar adjacent to application information.
Site plan review has been formally instituted, allowing the Community Development
Department to ensure compliance with the code for all land development/use change.
2
Home occupation ordinances were placed into a three-tiered structure, clearly identifying
the procedure for each.
The Planned Unit Developments process was a major concern for the City. The primary
issue was the need to achieve an end product that matched the preliminary planning. In
response, the code sets out a new process under rezoning, which gives the City more
review leverage through a collaborative process. The concept, development and final
stage process stayed in place.
Chapter 3
One-page, at-a-glance district provisions were created for all zoning classifications.
These code sections include images, sample lot sketches, plat configurations, and provide
cross-reference information to other relevant code sections.
The individual provisions for each district were reviewed in detail, with recommended
changes by the Steering Committee and IEDC small group implemented as related to lot
widths, densities and height restrictions.
Three districts were renamed to better reflect changes in allowed uses or desired use
outcomes. These districts include the R-1A, which is now RA (Residential Amenities),
R-2A, which is now TN Traditional Neighborhood, and I-1A, which is now IBC
(Industrial and Business Campus).
New clarity was provided on the purpose and implementation of overlay districts.
The PZM District was removed from code, replaced with by-right development
provisions under a PZ overlay. This overlay allows for a mixing of uses when applicants
can meet performance standards. The standards were developed based on areas of
importance defined by the Steering Committee and staff.
The P-S District was eliminated.
Wetland provisions were strengthened.
The addition of a Shoreland overlay district in recognition of future annexation areas
containing shoreland and the current shoreland along the Mississippi River.
A review for compliance with recent State-level changes was completed for the
Shoreland, Floodplain and Wild & Scenic provisions. These sections will require review
and approval by the DNR. (See below for additional information.)
3
Chapter 4
4.1 Landscaping and Screening
Enhanced description of landscaping requirements and planting standards
Ability to submit an alternative landscaping plan as an incentive for native planting design or
restoration
Illustrative standards for vehicular use areas (parking lots)
The addition of perimeter planting requirements for vehicular use areas
Reduced widths but increased intensity requirements for perimeter buffers (buffers between
differing land uses)
Updated landscaping standards for all uses, placed in an easy-to-read tabular format
Provides additional detail for rooftop screening requirements
4.2 Tree Protection
Inclusion of a new tree protection ordinance, including incentives for preservation
4.3 Fences & Walls
Greater detail on fence and wall requirements by district
Exemptions allowed via an alternative security plan
Specific requirements for “screening”
4.4 Exterior Lighting
Additional depth in provisions relating to direction, hours and standards
Exemptions for security plans
Specific standards for performance and sports areas
4.5 Signs
Amendment allowing two free-standing signs for double-fronting lots
Addition of directional sign allowances
4
4.6 Underground Utilities
Requirement that all new development provide underground utility service
4.7 Transitional Features
New regulations relating to the transitions between new and existing developments; aimed at
minimizing conflicts that arise with in-fill development.
Provides a variety of alternatives for developers to comply
4.8 Off-Street Parking
Re-configured to eliminate duplication and confusion
Standards are organized by use.
Brings forward recent amendments for residential uses as related to commercial, emergency
and recreational vehicles
Retains ability for development to utilize both cross parking and access, as well as
shared/joint parking
Calculates parking based on interior building floor area and provides discount for actual
unused floor areas
New parking calculations for revised use definitions and recognition of specific parking
demands via alternate parking schedules
4.9 Off-Street Loading
Removal of CUP requirements for corner lots under met conditions
4.10 Grading, Drainage & Erosion Control
Retention of recently amended standards
4.11 Building Materials
Reservation for discussion on industrial building materials
4.12 Wind Energy Conversion Systems
New standards. All WECS require a CUP
4.13 Telecommunication Towers & Antennas
5
Revised based on recent statute and court rulings
Requires co-location wherever feasible.
Enhanced design requirements
Reviewed by Public Works; to be reviewed by FiberNet
Chapter 5
Generally, Chapter 5’s approach to the regulation of land uses is much different than under
the existing code. Under the new code, (in most cases) when a use is either permitted or
conditional, the standards listed for the use are required, no matter whether the use is
permitted or conditional. If a use is conditional, the use must demonstrate ability to meet the
specified standards under a public hearing process. For permitted uses, the standards must be
met through an administrative site review process. Under the current code, permitted and
conditional uses often have separate sets of standards, or only conditional uses are required to
meet additional condition standards beyond base code requirements.
5.2 Use-Specific Standards
Nuisances have been updated to refer to specific state statutes, with which the City is
required to comply.
Community Gardens have been added as an allowable use
All dwellings are required to be placed on a permanent foundation, except within the M-H
district.
Minimum floor areas are now illustrated in tabular format.
Townhome, duplex and other attached dwelling standards have been clarified.
Group residential and Manufactured Home Park standards have been updated to comply with
state statutes.
Child care facilities are allowed in industrial districts IBC and I-1 to support business campus
facility uses.
Standards have been added for outdoor seating areas at restaurants.
Standards have been clarified for recycling/salvage facilities and self-storage facilities.
5.3 Accessory Use Standards
General standards for all accessory uses have been strengthened.
6
Accessory uses are now listed in tabular format.
New regulations allowing for accessory dwellings have been added in anticipation of
changing demographic conditions
Accessory Building (Major and Minor) standards have been differentiated and clarified.
Regulations for canopies, ATMs and drop boxes have been added.
Drive-through services are now permitted accessory uses in many districts where CUPs were
previously required.
Stacking space requirements are now clearly defined (Table 5-7).
Home occupations have been clearly separated into three classifications – Permitted,
Administrative, and Conditional; each with clearly defined regulations.
Regulations for solar energy systems have been added.
Trash handling facility regulations are now clearly defined.
5.4 Temporary Uses
Temporary uses are now listed in tabular format, with clear direction on permitting
requirements and allowable duration.
Specific standards for each temporary use are clearly defined.
Tent buildings, canopies (not car ports) and hoop buildings are now prohibited.
Special event regulations have been added
Chapter 6
Chapter 6, Nonconformities, provides the City with direction on how to deal with
nonconforming uses. The chapter recognizes that the adoption of what is essentially an
entirely new zoning code will create new nonconformities.
All existing lawful permitted uses, which become non-conforming with the adoption of the
code, shall be considering lawful non-conforming uses.
Expansions to non-conforming structures may occur when the expansion relates to setbacks
specifically
7
Lawful non-conforming uses substantially destroyed may be rebuilt to their existing
condition, as required by state statute.
Nonconforming uses may not be reestablished after discontinued for a period of one year.
Describes the allowable development of non-conforming lots.
Chapter 7
Chapter 7 deals with enforcement related to the Zoning Code. It provides a detailed
description of the process the City must follow in citing and processing a zoning violation.
Chapter 7, Section 6 is subject to additional comment by the Community Development
Department as related to penalty as the provisions cited are likely to become outdated and in
need of amendment in a relatively short time period.
Chapter 8
Section 8.2, Rules of Measurement
This section does not exist in the current code. One of the most useful additions in the new
code, it provides detailed information and schematics for lots configurations, lot types, yards,
as well as bulk and height standards.
Section 8.3, Glossary of Abbreviations
A new section providing an alphabetical indexing of all common acronyms and abbreviations
used in the code
Section 8.4, Definitions
Staff and MFRA have attempted to ensure that all use types, classifications and district terms
have been included. Commission should feel free to note any terms that appear to be missing
or unclear.
Planning Commission Minutes – 11/17/10
1
MINUTES
MONTICELLO PLANNING COMMISSION
Wednesday, November 17th, 2010
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, Barry Voight, and
William Spartz
Council Liaison: Susie Wojchouski
Staff: Angela Schumann, Ron Hackenmueller, Ben Gozola - MFRA
1. Call to order.
Commissioner Dragsten called the meeting to order at 6:00 p.m. and noted the
absence of Commissioner Spartz.
2. Citizen Comments. None.
3. Consideration of adding items to the agenda . N o ne.
4. Public Hearing - Consideration to adopt an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, (Chapters 1-3)
Angela Schumann presented an outline of the process involved in preparing the proposed
zoning code for formal review and recommendation. She indicated that the amendment
would be considered in three separate public hearings and that the upcoming hearings
had been scheduled for December 7, 2010 and January 4, 2011. She noted that this first
public hearing would include a review of Chapters 1-3 involving General Provisions,
Application Reviews and Procedures, and Zoning Districts.
Schumann pointed out that the effort to re-draft the entire zoning code, which began
over a year ago, was a direct result of the 2008 Monticello Comprehensive Plan
update, which lays the groundwork for land use policy for Monticello for the next
twenty years. She noted that, although the zoning code had been amended over
time, it had been based on a boilerplate ordinance that was developed in the
1950s and adopted in the 1970s and was long overdue for an overhaul. She cited
that because the city’s codes control actual development it had become a priority
to bring the ordinance into alignment with updated growth patterns and
community needs to make it easier to use and understand.
Schumann summarized the code development schedule and methods used to involve the
public. She indicated that the proposed code incorporates the suggestions and comments
resulting from an intense public input and review process directed by the Monticello
Zoning Ordinance Revision Steering Committee.
Planning Commission Minutes – 11/17/10
2
Ben Gozola, the lead consultant from MFRA, highlighted the numerous structural
differences in the amended code. He specified that the inclusion of tables and
hyperlinks for cross-reference markers would provide a much more graphically-based
code geared towards ease-of use. In addition, the most notable structural change has been
the consolidation of code information from 33 chapters to just 8 chapters.
Gozola summarized the major updates to each of the three chapters. In Chapter 1 he outlined both
transitional regulations and severability. In Chapter 2 Gozola highlighted the summary of
decision-making and review bodies and presented a related table. He also briefly
specified specific review procedures & requirements. He additionally summarized
Chapter 2 updates involving the inclusion of a site plan review to ensure zoning
compliance and a new four step Planned Unit Development (PUD) Review process.
Gozola noted that Chapter 3 established fifteen zoning districts and specified that there
would be seven residential zones, five business zones and three industrial zones. Two
districts were eliminated and three were renamed to better reflect changes in use. He
provided visual examples of the easy to use summary pages for each district. Gozola
noted that another major update to the code is the creation of seven overlay districts to
provide for greater opportunity for use and summarized related changes. He discussed
the draft zoning map to be adopted. He noted that staff had analyzed every City parcel
and determined that 90% of the community would not see a zoning change. He did,
however, encourage feedback from those whose zoning would be affected by the
changes.
Schumann stated that state regulations require that the Department of Natural Resources
(DNR) review and approve the Shoreland, Floodplain and the Mississippi Wild & Scenic
provisions of the zoning ordinance. She noted that staff had begun the formal process for
this review but anticipated that approval would occur after the expected January adoption of
the new code. She indicated that the City could adopt the new zoning ordinance as proposed,
exempting the Shoreland and Floodplain overlay districts, instead adopting current
ordinance Chapter 18 (Floodplain Management) and 27 (Mississippi Wild & Scenic)
until such time as the DNR review and approval process is complete. After DNR
comments are addressed, the City could adopt the new overlay provisions as provided for
within the new code.
Schumann summarized the final code adoption steps indicating that it would be on-line and
in use by February 1, 2011. She noted that it is of critical importance that the Planning
Commission and City council recognize that the code is very much a working document
and that there would be follow up revisions to the document. Due to the extent of changes to
the PZ and PUD regulations, she recommended that a workshop be held in the coming
months to develop a better understanding of the development process, timelines and
results both would yield. In addition, Schumann noted that the CCD provisions of the
code would require amendment at the conclusion of the Embracing Downtown
Monticello effort. She also pointed out that areas in the code marked “Reserved” would
require additional research, discussion and code language development.
Planning Commission Minutes – 11/17/10
3
Commissioner Dragsten opened the public hearing.
City Council member Tom Perrault presented a detailed list of comments and questions
related to the proposed code as noted below:
Perrault requested clarification related to some terms and definitions. He specifically cited
“morals,” “unnecessarily impact,” “undue burden,” “reasonable use,” and “diversity” as
being unclear. Schumann suggested that language used might be subjective to allow for
interpretation to be based on general standards in the code. She also indicated that some of
the language may have been carried over from the previous code and, as such, had not been
fully scrutinized.
Chapter 2.4.C.4: Perrault questioned the review of variance criteria. Schumann noted that
the language in the environmental review was added to be in compliance with MN statute
requirements related to environmental impact statements and assessments.
Chapter 2.4 Site Plan App F: Perrault asked about the need for sidewalks for safety in
traffic circulation. Schumann stated that a determination would defer to the base provisions
of the code and subdivision requirements for safety standards.
Chapter 2.4 Administrative Adjustments: Perrault asked why this referred to just
residential use. Commissioner Dragsten noted that it was limited as a pilot effort.
Chapter 2.4 10 B: Perrault asked where values came from in the PUD adjustments. Gozola
stated that identifying a threshold had made it easier to calculate.
Chapter 3.4 B: Perrault questioned how to interpret “additional shadow.” Gozola stated that
it is used in lieu of setting a cap on how tall a building should be.
Perrault asked if the housing referred to in the traditional neighborhood residential district
was for duplexes, townhouses or single family homes. Gozola stated that the only use
allowed would be detached dwellings.
Perrault asked if anything zoned B-4 can also have B-2 and B-3 uses. Gozola stated that the
revised code establishes specific uses for each zoning district rather than cascading uses.
Chapter 3.7.3: Perrault requested an explanation about accessory structures. Gozola stated
that the language came from existing code.
Chapter 3.7.C.E: Perrault asked about regulations for fertilizer management. Schumann
noted that existing regulations would be applied across the board.
Chapter 3.7.C.3: Perrault asked how a dollar value was determined. Schumann noted that it
was based on DNR language and amended to meet current state requirement.
Planning Commission Minutes – 11/17/10
4
Perrault asked if the ten day length of time involved in requesting a variance was long
enough. Schumann agreed that it may not be but that it is what is required.
Chapter 3.7.D Wetland District: Perrault asked about related costs. Schumann did not have
cost information available. She noted that the key to protecting the wetlands is education.
Chapter 3.7.D.3 General Provision: Perrault asked about the expenses. Schumann noted
that any expense falls on the applicant because the city should not bear those expenses.
Perrault asked about the meaning of the soil absorption setback. Schumann noted that soil
absorption refers to the drainfield. She also pointed out that the City does not allow private
wells.
Chapter 3.7.D.5 Buffer Strips and Setbacks Table 3-18: Perrault asked who determined
values and if only docks would be allowed on the wetland. Schumann stated that standards
were taken from model wetland language from the DNR. She noted that she would have to
research the dock question.
Perrault asked why canary grass is cited in the vegetation performance standards.
Schumann noted that it is an invasive species which would detrimental.
Perrault asked why channelizing the flow of runoff is a concern. Schumann stated that she
would defer to engineer expertise in this issue.
Perrault asked why shrubs would need to be in a particular configuration. Schumann noted
that it was likely for aesthetic purposes.
Chapter 3.7.D.8 Buffer Yards: Perrault asked what two cell water quality ponding is.
Schumann indicated that the hydrologist at WSB would likely be able to provide that
information.
Perrault asked if the City would have jurisdiction over a man-made lake. Gozola stated that
it is currently a discretionary issue.
Perrault asked about provisions for green development. Schumann clarified that there are a
variety of alternatives to green development which could be considered.
Developer Charlie Pfeffer also shared his thoughts during the public hearing. He gave the
City credit for undertaking the necessary task of rewriting the zoning code. He requested
that staff work to draft a code which, in its effort to be highly structured, doesn’t become
overly punitive toward the development community. He noted the importance of making it
easier and less time consuming to become involved in the process of development.
Commissioner Dragsten summarized that the intention in the code revision was to define
the process upfront so that there would be no surprises for the applicant.
Planning Commission Minutes – 11/17/10
5
As there were no further public comments, the public hearing was closed.
Commissioner Hilgart agreed that the purpose of structuring the code in this way was to
give developers a heads up about the planning approval process to enable the best
development outcome.
Commissioner Voight noted that formalizing the PUD process would give direction to
development and protect the City. He stated that the ordinance was now very incentivized
and that applicants could do what they wanted as long as they followed the rules.
Council Liaison Wojchouski requested that the zoning code sample exercise run-through
with City Council be scheduled prior to code adoption. Schumann agreed to provide an
amended timeline to include this option at the next meeting. She noted that this would delay
the January 11th date by which the full code was to be made available for adoption. She also
pointed out that it would be necessary to expand the scope of the MFRA contract to obtain
their expertise in the effort.
There were some detailed questions about roof pitches and minimum floor area as defined
in Chapter 3.4 of the proposed code. After some consideration, Schumann suggested that
the Planning Commission further discuss these issues at a continued public hearing.
MOTION WAS MADE BY VOIGHT TO CONTINUE THE PUBLIC HEARING TO
DECEMBER 7, 2010. MOTION WAS SECONDED BY HILGART. MOTION
CARRIED 4-0.
5. Adjourn.
MOTION WAS MADE BY VOIGHT TO ADJOURN. MOTION WAS SECONDED
BY HILGART. MOTION CARRIED 4-0.
The meeting was adjourned at 7:49 p.m.
Kerry T. Burri __
Recorder
Date Approved: ________________
__________________________
Commissioner Dragsten
Planning Commission Minutes – 12/7/10
1
MINUTES
MONTICELLO PLANNING COMMISSION
Wednesday, December 7th, 2010
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, Barry Voight, and
William Spartz
Council Liaison: Susie Wojchouski
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC, Ben
Gozola-MFRA
1. Call to order.
Commissioner Dragsten called the meeting to order at 6:00 p.m.
2. Consideration to approve Planning Commission minutes from November 3rd & 17th, 2010.
MOTION BY COMMISSIONER HILGART TO APPROVE THE MINUTES OF
NOVEMBER 3RD, 2010. MOTION WAS SECONDED BY COMMISSIONER
SPARTZ. MOTION CARRIED 5-0.
MOTION BY COMMISSIONER VOIGHT TO APPROVE THE MINUTES OF
NOVEMBER 17TH, 2010. MOTION WAS SECONDED BY COMMISSIONER
HILGART. MOTION CARRIED 5-0.
3. Citizen Comments. None.
4 . Consideration of adding items to the agenda .
a) Review of the Comp Plan for next month b) New sign at the Liquor Store
5. Public Hearing: Consideration of a request for a Conditional Use Permit for a
Planned Unit Development for the Towne Centre Signage Plan. Applicant: Bullseye
Properties.
Steve Grittman from NAC pointed out that the applicants are seeking an amendment to the
Conditional Use Permit originally granted for the Towne Centre project to permit
additional signage on the property, and a change to the materials/design standards
originally approved as part of that project. This proposed amendment created a Planned
Unit Development that is intended to permit portions of the Towne Centre site to increase
signage exposure to Highway 25 traffic, and to accommodate the existing condition of the
facility’s freestanding sign, which sits on City property.
Grittman noted that since the time of the approval of Towne Centre, the City had updated
and revised its sign regulations, adding flexibility and sign allowances to the code. A major
objective of the revised sign regulations was to decrease the incentive for applicants to seek
PUD approvals that vary the sign allowances, and set a consistent standard for
commercial property that allowed for flexibility in sign usage and design.
Planning Commission Minutes – 12/7/10
2
The current application proposes the following sign provisions:
A freestanding sign of 120 new square feet, on top of the existing monument sign
which includes a display area of approximately 10 square feet identifying the “Towne
Centre” complex. The total height of the new sign would be approximately 20 feet,
8 inches. Current regulations allow 100 total square feet of freestanding sign area
with a maximum height of 22 feet.
A revision to the sign display guidelines for the center by allowing internally lit
cabinet signs. Current display requirements are individually lit letters toward
Highway 25, and externally lit placard signs toward Walnut Street. Such cabinet
signs are allowed in the CCD, but were excluded from the PUD allowances for this site
at the time of development approval.
A variation from the temporary sign allowances by providing for two temporary
signs (one per building), but with the provision that such signs could both face
Highway 25 (one of the two Towne Centre buildings faces Walnut only), and with
the provision that each of the two temporary signs would be allowed to be displayed
for up to 45 days per year, rather than the current limitation of 40 days.
Staff had instead recommended instead the following amendment:
100 square feet of total freestanding sign area and approximately 18 feet, 2 inches of
height, consistent with current sign ordinance allowances.
Two 40-day periods of temporary sign display, consistent with current sign ordinance
allowances. Both such signs may be displayed along the Highway 25 portion of
the project. In lieu of such temporary signs, the applicant may substitute a
permanent 50 square foot changeable copy sign as part of the current freestanding
structure or on the wall of the building without separate PUD processing.
Changes to sign design requirements to allow internally-lit cabinet signs, with any
design limitations as identified by the Planning Commission at the public
hearing.
The Planning Commission considered both the applicant proposal as well as the revised
staff recommendation and asked numerous questions in an effort to clarify and determine
the merits and consequences of each proposal.
Chairman Dragsten opened the public hearing.
John Twardy with Bullseye Property spoke representing the applicant noting the vacancies
at the centre and stressed his concern that businesses may fail due to lack of tenant
identification. He discussed his proposal at length and answered detailed Commission
questions asking that they consider sign options which would allow for greater visibility for
the businesses at Towne Centre.
Matthew Kent, owner of Matteo’s Soccer Store, facing Walnut Street in Towne Centre
spoke asking for as much signage as possible for the plaza. His concern is that his
business is located on the back side of the building and customers can’t find his store.
He has found that renting a black sign significantly increased his business but noted that
there are limits to using temporary signs. He would like the time frame for temporary
Planning Commission Minutes – 12/7/10
3
signage increased to 45 days.
Hearing no further public comment, the public hearing was closed.
Commissioner Gabler suggested tabling the item for further consideration.
Commissioner Spartz had additional questions about cabinet signs. Commissioner
Hilgart noted his concern about the need for consistency in implementing the sign
ordinance. Commissioner Voight noted that, although the City certainly wants
businesses to succeed, it is important that the intent of the revised sign ordinance not be
compromised. He suggested that there is still some confusion about the sign ordinance
especially since this situation deals with City property. He also indicated the need to
further consider a number of issues.
MOTION BY DRAGSTEN TO TABLE THE TOWNE CENTRE SIGNAGE PLAN
UNTIL JANUARY IN ORDER TO OBTAIN ADDITIONAL INFORMATION
ABOUT: OPTIONS FOR PUTTING A CHANGEABLE SIGN INTO THE
MONUMENT, OPTIONS FOR PUTTING A SIGN ON TOP OF THE MONUMENT,
OPTIONS FOR USING A BOX SIGN OR OTHER TYPE DESIGN FOR
COMPUTER BRAINZ AND OPTIONS FOR DETERMINING HOW TO CONTROL
THE TEMPORARY SIGNS. MOTION WAS SECONDED BY SPARTZ. MOTION
CARRIED 5-0.
6. Public Hearing – Consideration to recommend adoption of an amendment to Title 10 of
the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3, 4.
Ben Gozola from MFRA summarized the second public hearing of the Monticello
Zoning Ordinance revision. He noted that it allowed for a continuation of the discussion
of minor modifications of the residential requirements included in Chapter 3 as well as a
review of Chapter 4 related to Finishing Standards. He presented an outline of provisions
intended to finish a property’s development beyond the basic principal use. These finishing
regulations include those for landscaping, lighting, parking, and signage requirements.
Chapter 4 also includes updated regulations pertaining to communications towers, grading
and alternative landscaping treatments, as well as new sections for tree preservation and wind
power systems. Gozola highlighted the changes and responded to question related to each
section of the proposed code. Items that were discussed at length are noted.
4.1 Landscaping and Screening
Enhanced description of landscaping requirements and planting standards
Ability to submit an alternative landscaping plan as an incentive for native planting
design or restoration
Illustrative standards for vehicular use areas (parking lots)
The addition of perimeter planting requirements for vehicular use areas Reduced
widths but increased intensity requirements for perimeter buffers (buffers
between differing land uses)
Updated landscaping standards for all uses, placed in an easy-to-read tabular format
Provides additional detail for rooftop screening requirements
Planning Commission Minutes – 12/7/10
4
4.2 Tree Protection
Inclusion of a new tree protection ordinance, including incentives for preservation
There was initial discussion about specimen trees and the need to preserve trees throughout
the City. After some consideration the Commission determined that the ordinance was too
restrictive in that it took away a property owner’s rights.
MOTION MADE BY CHAIRMAN DRAGSTEN TO STRIKE NUMBER 4 FROM
PAGE 217 OF CHAPTER 4.2 RELATED TO COMMUNITY DEVELOPMENT
RIGHTS. MOTION WAS SECONDED BY COMMISSIONER GABLER. MOTION
CARRIED 5-0.
Schumann noted her concern about the motion and asked for clarification about the reason
for removing a vital section of the tree protection code. She pointed out that the restrictive
nature of the ordinance is the intent of tree preservation plan.
Gozola pointed out the section in which tree removal is allowed. After further discussion
about exemptions, subdivided lots, and the importance of avoiding clear cutting and
needless removal of trees, the Commission reconsidered the requirements.
MOTION MADE BY COMMISSIONER VOIGHT TO REINSTATE SECTION 4.2b1.b2
AND REMOVE THE LANGUAGE AFTER THE WORD “AND” IN THAT SECTION.
MOTION WAS SECONDED BYCHAIRMAN DRAGSTEN. MOTION CARRIED 5-0.
4.3 Fences & Walls
Greater detail on fence and wall requirements by district
Exemptions allowed via an alternative security plan
Specific requirements for “screening”
Commissioner Voight obtained clarification about his question in Chapter 4.3c3 on page 222
related to uniform fence style. Staff agreed to cross reference within the chapter.
4.4 Exterior Lighting
Additional depth in provisions relating to direction, hours and standards
Exemptions for security plans
Specific standards for performance and sports areas
Schumann confirmed that the Commission was comfortable with the awning lighting
language on page 230.
4.5 Signs
Amendment allowing two free-standing signs for double-fronting lots
Addition of directional sign allowances
Schumann noted that the allowance for total sign area had increased from 15-20%. There was
Planning Commission Minutes – 12/7/10
5
some discussion about how to best utilize signage. The Commission agreed to leave it at 20%.
4.6 Underground Utilities
Requirement that all new development provide underground utility service
4.7 Transitional Features
New regulations relating to the transitions between new and existing developments; aimed at
minimizing conflicts that arise with in-fill development.
Provides a variety of alternatives for developers to comply
4.8 Off-Street Parking
Re-configured to eliminate duplication and confusion
Standards are organized by use.
Brings forward recent amendments for residential uses as related to commercial,
emergency and recreational vehicles
Retains ability for development to utilize both cross parking and access, as well as
shared/joint parking
Calculates parking based on interior building floor area and provides discount for actual
unused floor areas
New parking calculations for revised use definitions and recognition of specific parking
demands via alternate parking schedules
Commissioner Voight asked for clarification on Chapter 4.8c.1.a. (page 252) related to
change in use or occupancy of land. Gozola confirmed that it restricts one from doing
anything to change the number of parking spaces allotted.
4.9 Off-Street Loading
Removal of CUP requirements for corner lots under met conditions
4.10 Grading, Draining, Erosion Control
Retention of recently amended standards
4.11 Building Materials
Reservation for discussion on industrial building materials
There was much discussion about the definition of a “major accessory” building and
whether or not it mattered if it were attached or detached. The Commission considered if a
shed should have to match when using brick on the home or need just be similar in building
materials.
Planning Commission Minutes – 12/7/10
6
MOTION MADE BY COMMISSIONER VOIGHT THAT BUILDING MATERIALS
BE SIMILAR WHEN UTILIZED ON AN ACCESSORY BUILDING. MOTION WAS
SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED 5-0.
There was some discussion about possibly including vinyl as a building material.
Schumann noted that staff could craft language dealing with vinyl as used in architectural
design taking into consideration that it should not negatively affect the aesthetic of a
building.
MOTION MADE BY CHAIRMAN DRAGSTEN TO ADOPT INDUSTRIAL
REQUIREMENTS FOR BUILDING MATERIALS FOR I1A &B AS ITEM I2 A&B AS
(ON PAGE 285 SUBSECTION E2.) MOTION WAS SECONDED BY
COMMISSSIONER SPARTZ. MOTION CARRIED 5-0.
4.12 Wind Energy Conversion Systems
New standards. All WECS require a CUP
Gozola noted that it is important to have a framework from which to make decisions about
wind energy.
4.13 Telecommunication Towers and Antennas
Revised based on recent statute and court rulings Requires
co-location wherever feasible.
Enhanced design requirements
Chairman Dragsten opened the continued public hearing.
City Council Member Tom Perrault spoke about parking concerns in the Spirit Hills
neighborhood and suggested the need to allow for more parking in townhome
developments. Schumann noted that the code has a base requirement for guest parking
spaces of 1 for every 4 units for multi-family and that there are 2.5 spaces available for each
dwelling unit.
Perrault also asked if there were provisions to accommodate additional amenities at school
facilities. Schumann noted that the parking code provides for sufficient space and allows
for each user need in the facility to be calculated separately.
Chairman Dragsten closed the public hearing.
Schumann asked for finalization on the roof pitches and the square footages above and
below grade. The Commission decided to change the roof pitch in the R2 District from
4/14 to 5/12 and leave the minimum floor area in the AO district at 1000.
MOTION MADE BY COMMISSIONER VOIGHT TO CHANGE THE ROOF PITCH
IN THE R2 DISTRICT TO 5/12. MOTION WAS SECONDED BY CHAIRMAN
DRAGSTEN. MOTION CARRIED 5-0.
Planning Commission Minutes – 12/7/10
7
MOTION WAS MADE BY COMMISSIONER SPARTZ TO CONTINUE THE
PUBLIC HEARING TO JANUARY 4, 2011. MOTION WAS SECONDED BY
GABLER.MOTION CARRIED 5-0.
7.. Consideration to review applications for open Planning Commission position and
consideration to review and recommend for the expiring terms of Planning
Commissioners.
Schumann pointed out that in January of 2011, Planning Commissioner Lloyd
Hilgart would take his newly elected position on the City Council and
extended staff congratulations. She noted that Commissioner Hilgart’s
election to the Council leaves a vacancy on the Planning Commission. She
indicated that to-date, although the information had been posted in many
locations, the City had received only one application for the position and had
extended the application deadline to December 16th. She agreed to schedule an
interview at the Commission’s direction.
She also stated that Commissioner Gabler’s term on the Planning Commission expires in
December of 2010 and that the Commissioner had indicated willingness to serve another
three year term.
Chairman Dragsten recommended that the Commission continue to accept applications
through the end of December 31st and consider the applications received at the next
Commission meeting.
MOTION BY CHAIRMAN DRAGSTEN TO APPOINT COMMISSIONER GABLER
TO A NEW 3 YEAR TERM, BEGINNING JANUARY 1, 2011. MOTION WAS
SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED 5-0.
Chairman Dragsten presented Commissioner Hilgart with a certificate of
appreciation for his years of service to the Planning Commission. The Commission
also thanked Susie Wojchouski for her years as Council Liaison to the Planning
Commission.
8. Community Development Director’s Update.
Schumann stated that the City is working with Northwest Associated Consultants (NAC) to
prepare the Monticello Parks and Trails Plan & Resource Update. She provided a written
outline of the status of the project for the Commission and indicated that the information is
available on the City’s website. She pointed out that the Park survey would be available in
January and provide a basis for planning.
Schumann also provided some written information as to when the 2010 Census data would
be available and noted that she had spoken with WSB to plan for the integration of the
Census’s mapping tools into the City’s GIS system.
Schumann provided copies of the Housing Report for the Commission’s initial review
and highlighted the fact that it indicated that the City’s apartment complexes are
beginning to age. She noted that the City’s senior service volunteer is gathering
apartment vacancy rates and market absorption information. She stated that the report
included a graphic illustration of a mix of units by zoning class, a revised analysis on the
Planning Commission Minutes – 12/7/10
8
Comprehensive Plan trend line as well as a lot inventory progression trend line. She
noted that the Housing Report is provided to the Commission as a reference point on
residential development and as a basis for considering amendment to the
Comprehensive Plan growth projections. The report would be pared with a review of the
forthcoming Census data.
9 . Items ad d ed to the agenda
a) Review of the Comp Plan for next month
Schumann confirmed that the Comp Plan review would be included on the next
Commission agenda. She also pointed out that a formal letter related to a proposed
zoning change to the PZM was received and would be discussed at the January zoning
public hearing.
b) New sign at the Liquor Store
Schumann clarified the issue related to the Liquor Store sign which had previously
come before the Commission. The sign fit within the requirements of the current sign
code so there was no need for formal review.
10. Adjourn.
MOTION WAS MADE BY COMMISSIONER HILGART TO ADJOURN. MOTION
WAS SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED 5-0.
The meeting was adjourned at 9:13 p.m.
Kerry T. Burri __
Recorder
Date Approved: January 4, 2010
____________________________
Angela Schumann
Community Development Director
ORDINANCE NO. 522
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
AN ORDINANCE ADOPTING A ZONING ORDINANCE AND THE OFFICIAL
ZONING MAP FOR THE CITY OF MONTICELLO AND REPEALING THE
EXISTING ZONING ORDINANCE
THE CITY COUNCIL OF THE CITY OF MONTICELLO HEREBY ORDAINS:
SECTION 1. Title 10, Chapters 1-17, 19-26, and 28-33 of the Monticello City Code are
hereby repealed as of January 10, 2011.
SECTION 2. Title 10, Chapters 1-8, of the Monticello City Code, excluding Sections 3.7(C)
and 3.7(E) of Chapter 3, also known as the Zoning Ordinance, is hereby
adopted as amended and prepared by the City’s planning consultant, McCombs
Frank Roos Associates, Inc. and dated January 10, 2011, which is attached
hereto and incorporated herein as Exhibit “A.”
SECTION 3. The zoning map attached hereto and incorporated herein as Exhibit “B” is
adopted as the Official Zoning Map under Title 10, Section 3.1 of the Zoning
Ordinance attached hereto as Exhibit “A” for the City of Monticello.
SECTION 4. This ordinance shall be effective upon its passage and publication. The new
Zoning Ordinance as adopted will be posted on the City’s website following
publication. Paper copies are available for viewing at Monticello City Hall.
ADOPTED BY the Monticello City Council this 10th day of January, 2011.
CITY OF MONTICELLO
Clint Herbst, Mayor
ATTEST:
Jeff O’Neill, City Administrator
VOTING IN FAVOR:
VOTING IN OPPOSITION:
EXHIBIT “A”
Attach Final Zoning Ordinance
EXHIBIT “B”
Attach Final Zoning Map
CITY OF MONTICELLO ZONING ORDINANCE
ANNOTATED OUTLINE
Submitted by
McCombs Frank Roos Associates, Inc.
14800 28th Avenue North, Suite 140
Plymouth, Minnesota 55447
Telephone: 763-476-6010
Fax: 763-476-8532
Contact: Ben Gozola
Office: 763-476-6010
Cell: 952-217-0252
Draft
October 15, 2010
(This page intentionally blank)
TABLE OF CONTENTS
TABLE OF CONTENTS
PROJECT OVERVIEW.............................................................1
A. Background...........................................................................1
B. Project Process.......................................................................1
DIAGNOSIS..............................................................................5
A. Comprehensive Plan Goals...................................................5
B. Zoning Code Analysis Results.............................................12
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE i
CITY OF MONTICELLO
TABLE OF CONTENTS
ii ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
(This page intentionally blank)
PROJECT OVERVIEW
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 1
CITY OF MONTICELLO
PROJECT OVERVIEW
A. Background
The City of Monticello is a free-standing urban fringe city, situated in a
prime location on Interstate 94 between the Minneapolis/St. Paul
metropolitan area and the City of St. Cloud. Similar to many
communities on the outer edges of the Minneapolis/St. Paul area,
Monticello experienced rapid residential growth within the last ten years.
The residential population is currently estimated at 11,000. The
community is home to a thriving business community and continues to
build on its past success of attracting high-quality commercial and
industrial enterprises. As a free-standing community, Monticello’s
residential, commercial and industrial components share equal importance
in the City’s plan for continued growth.
The City approved an update to its Comprehensive Plan in May of 2008.
The update was a response to the rapid growth of the community, the
expansion of the City’s Planning Area, and a preparation for land use
decisions that lay ahead. The 2008 Comprehensive Plan reflects a new
approach to the delineation of land uses for the community. Therefore,
the adopted Comprehensive Plan states that priority should be given to the
review and updating of zoning regulations.
The current Zoning Ordinance, Title 10 of the Monticello City Code, was
adopted in 1976. Since that time, the ordinance has been amended with
the standard individual language revisions and with occasional
amendments for the addition or revision of entire chapters. The lack of a
regular comprehensive review of the ordinance has created a large,
inconsistent and confusing zoning code which is to be rectified through
the zoning rewrite process.
B. Project Process
In July of 2009, the City retained McCombs Frank Roos Associates
(MFRA) to assist with the zoning ordinance update project. In approving
MFRA to complete the work, the City Council was clear that the overall
budget for the project was a focus of concern. MFRA agreed to begin by
undertaking a scoping and diagnosis procedure to identify a final work
plan from which a project budget would be established.
PROJECT OVERVIEW
2 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
Zoning Ordinance Update Steering Committee
To guide MFRA’s work and oversee the project from beginning to end, a
Zoning Ordinance Update Steering Committee (steering committee) was
established. The steering committee was comprised of elected and
appointed officials whose backgrounds and experiences represented a
broad cross-section of the community. Their feedback and direction was
sought throughout the update process, and all final language within the
new code was recommended to the City Council by a majority of
committee members.
The update project commenced in late September 2009, and following
amendments to the original timeline, is expected to be complete by
February 2011 after completion of the following five project tasks:
(1) Initiation and Scoping
The project kicked off with a review of the current zoning code and
comprehensive plan by MFRA staff, City staff, and the Zoning
Ordinance Update Steering Committee (steering committee). Goals
and objectives of the comprehensive plan, along with implementation
strategies, were cataloged for inclusion in this Annotated Outline.
Each body reviewed the existing ordinances to identify issues that
should be addressed. All identified concerns were discussed and
vetted by the project steering committee before being added to the
Annotated Outline. With all Comprehensive Plan and Zoning Code
issues identified, the steering committee then discussed how to best
involve the public throughout the process. MFRA concluded the
initiation and scoping effort by finalizing a proposed budget and
contract based on the final direction of the steering committee. The
contract was approved by the Monticello City Council on September
28th, 2009.
(2) Annotated Outline Creation
MFRA begin this task by synthesizing the identified project goals into
a trackable table that identified options for achieving said goals. The
table formalized the structural, procedural, and specific code changes
to be addressed during the update; and identified the general approach
recommended by MFRA for each item. Along with the table, MFRA
prepared a detailed outline of the new zoning ordinance that
demonstrated the specific locations in which all issues would be
PROJECT OVERVIEW
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 3
CITY OF MONTICELLO
addressed. The table and framework was then presented to the
steering committee for final edits and approval.
(3) Draft Zoning Ordinance Creation
To successfully navigate the drafting of the new ordinance in a manner
that was easy for all parties to understand, the draft ordinance was
prepared in three phases:
Phase 1: Administration – this phase established all new code
provisions that are generally applicable throughout the code
and/or are procedural in nature. Specific issues addressed
included the purpose of the zoning code; transitional regulations
between the old and new code; the code’s relation to other laws,
agreements, and state statutes; rules of construction; application
types and review procedures.
Phase 2: Zoning Districts and Uses – this phase resulted in new
codes establishing zoning districts, the regulations of uses in each
district, and applicable overlay districts. Things that were
specifically addressed included the final listing of all new zoning
districts, permitted uses, conditionally permitted uses, interim
permitted uses, accessory uses, temporary uses, and
nonconforming uses. Site development standards (i.e. lot area,
depth, and width) were also established at this time, along with
language governing how things will be measured (i.e. depth, width,
height).
Phase 3: Development Standards – this phase produced the
language governing design standards for features that impact the
visual character of the city which are applicable throughout the
community. Examples of issues addressed in this phase include
tree preservation, landscaping standards, fences & walls, parking
& loading areas, exterior lighting, signs, and utilities.
Each of the above phases was completed using a general three step
process. First, MFRA prepared a draft for City staff (e.g. planning
department, engineering, legal, etc) review and comment. Second,
MFRA edited the draft based on staff’s comments for submission to
the steering committee for review and comment. And finally, MFRA
incorporated steering committee input into the final draft.
PROJECT OVERVIEW
4 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
(4) Preparation of the Draft Zoning Ordinance for Review
Upon completion of the draft code, MFRA will prepare a final draft
for consideration at a series of public hearings.
(5) Adoption
The final task will be review and adoption of the final draft by the City
under the rules established by State Law. Upon adoption, MFRA will
make the final revisions necessary as a result of the adoption process,
and will produce the final draft of the zoning ordinance along with
agreed upon end products.
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 5
CITY OF MONTICELLO
DIAGNOSIS
To ensure the new code is a success, it is essential to identify all of the main
goals to be achieved from the outset. After reviewing the comprehensive plan
and discussing code issues with city staff and various stakeholders, MFRA was
able to identify the following five (5) guiding themes for the zoning rewrite
process.
Guiding Theme #1: Implementation of the recommendations and
strategies outlined in the 2008 City of Monticello Comprehensive
Plan.
Guiding Theme #2: Improve the overall organization and language of
the ordinance to make it user-friendly. Incorporate tables, drawings,
pictures and other graphics where appropriate.
Guiding Theme #3: Improve the efficiency and ease of established
zoning-related review procedures.
Guiding Theme #4: Modernize the existing zoning districts and
allowable uses.
Guiding Theme #5: Enhance the quality and compatibility of
development through better design standards and required transitional
features while respecting property rights and minimizing development
impediments.
A. Comprehensive Plan Goals
The 2008 Monticello Comprehensive Plan established a new vision for the
City, and identified a number of goals which the new zoning ordinance
can help to achieve. The matrix on the following page(s) identifies these
goals, and denotes how each was addressed within the new zoning
ordinance.
DIAGNOSIS
6 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
GENERAL OVER-ARCHING GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
1. Make Monticello a safe place to live,
work, shop, and travel
1-2
2. Monticello should be sustainable socially,
economically, and environmentally
1-2
-- These were general goals that were kept in mind
throughout the process; no single change would
achieve these goals
GOALS APPLICABLE TO ALL ZONING DISTRICTS
Goal Pg(s) Technique(s) Used to Address the Goal
3. Use the environment as a catalyst for
development
1-2 --Performance standards encourage preservation of
natural features in return for development
flexibility
--Landscaping standards provide credits for
preservation of existing vegetation
--RA development focused on higher amenity housing
to be located near high quality environmental
features.
4. Adopt proper building codes to promote
quality construction
3-10 -- Monticello building inspectors participated
throughout the project, reviewed and commented
on the new regulations, and guided MFRA on the
sections of building code to include.
5. Adopt good nuisance controls 3-10 -- Zoning related nuisance provisions were added and
an easy to use enforcement policy was put into
place.
6. Prevent and correct undesirable land uses 3-10 -- MFRA, city staff and the steering committee
collaborated in reviewing and establishing the list
of uses allowed in each new zoning district.
--Code also utilizes the strictest allowable
amortization of non-conforming uses (1-year)
7. Preserve and promote the public use of
natural areas including establishing
greenway corridors
3-16,
3-18
-- The new code encourages preservation of natural
vegetation by providing density credits, landscaping
credits, and other incentives.
--New tree preservation language protects “specimen”
trees throughout the community
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 7
CITY OF MONTICELLO
RESIDENTIAL GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
8. Expand the supply of “move up” housing 1-1, 3-16
9. Reserve areas with high amenities for
“move up” housing
3-6
-- The steering committee focused on refining the
development standards within the new Residential
Agriculture (RA) specifically to create
developments of “move-up” housing
-- Areas of high natural amenities are or will be
zoned RA to take advantage of the new code
standards for move up housing
10. Promote strong residential
neighborhoods
1-2
11. Develop quality neighborhoods that
create a sense of connection to the
community
3-6
12. Maintain attractive, safe and functional
neighborhoods
3-8
13. (safety) Develop neighborhoods where
people are involved in the community,
interact with their neighbors, and
support each other
3-10
--Building material standards and required
transitional features between residential areas and
other use types were reviewed/created to ensure
attractive neighborhoods
--The steering committee reviewed and refined
setbacks, lot sizes and other lot standards to
address issues identified with past development
14. Provide a range of housing choices 3-6 -- Final code allows for multiple unit types including
detached dwellings, duplexes, townhomes, large
and small multi-family buildings, and apartments
and condominiums.
-- Accessory dwelling units may now accompany
detached dwellings in certain areas of the city
15. Seek quality over quantity in residential
growth
3-6 -- Transition standards, landscaping standards, tree
preservation, and required building materials will
encourage and require quality development
--Incentives were built into the new code so that
quality would need to increase if/when quantity
increased
DIAGNOSIS
8 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
RESIDENTIAL GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
16. Create neighborhoods that maintain a
connection to the natural environment
3-6
17. Neighborhoods should incorporate the
natural characteristics of the setting
3-8
-- The new code encourages preservation of natural
vegetation by providing density credits, landscaping
credits, and other incentives.
--New tree preservation language protects “specimen”
trees throughout the community
18. Provide every neighborhood with
reasonable access to a public park
3-8
19. Use sidewalks, trails and bikeways to
connect neighborhoods to other parts of
the community
3-8
--These goals will best be dealt with in the City’s
subdivision codes related to park dedication
requirements
20. Housing should be oriented to the local
street
3-8
21. Use public improvements to enhance the
appearance and character of
neighborhoods (e.g. curb & gutter, street
trees, street lights, storm water ponds)
3-8
22. Minimize “cut through” traffic in
neighborhoods
3-10
--Vehicular access to residential properties from
arterial or collector roadways was prohibited unless
no other reasonable alternative exists as
determined by the Community Development
Department
--Engineering standards, not city code, will detail
curb & gutter design, lighting design, acceptable
stormwater techniques, etc
--Engineering standards, not city code, could include
traffic calming techniques to address neighborhood
cut through traffic
23. Use proper subdivision regulations to
ensure the configuration of lots creates
attractive neighborhoods
3-10 -- The steering committee reviewed and refined
setbacks, lot sizes and other lot standards to ensure
resulting development matches the City’s vision
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 9
CITY OF MONTICELLO
BUSINESS DISTRICT GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
24. Encourage a wide range of employment
opportunities with a focus on higher
wage level jobs
1-1
25. Expand and diversify the property tax
base, provide jobs (especially higher wage
jobs), attract corporate headquarters with
a focus on biosciences and technology
3-11,
3-13
-- Commercial uses were modified to be broader in
nature which will allow new industries to likely
locate in the city as a permitted or conditionally
permitted use. The old code was so specific in
defining uses, that anything new would likely have
required a city code amendment to even have the
potential to locate in Monticello
-- Multiple “finishing standards” were organized in
Chapter 4 to govern things such as required
landscaping, lighting, building materials, etc. As a
whole, these standards will work together to
achieve attractive places for businesses to locate
26. Attract new investment in desired
locations
1-2 -- A Performance Based Overlay district was
introduced to provide by-right enhanced
development in exchange for amenities desired by
the city
--The adopted finishing standards are intended to
make the Cities zoning districts more attractive
which in turn will make them a more desirable
location for new residents and businesses
27. Provide locations for industrial
development in the areas of
manufacturing, processing, warehousing,
distribution and related businesses
3-12
28. Allow non-industrial support businesses
in industrial areas
3-12
-- The categories of “Light” and “Heavy” Industrial
accommodate the spectrum of manufacturing and
processing
-- “General warehousing” covers goods storage and
distribution type businesses
-- “Industrial Services” is a new use category that
refers to industrial related businesses (i.e. repair
and servicing of industrial equipment; centralized
servicing location of consumer goods; contractor
sites, etc)
-- “Business Support Services” is now a permitted use
in the industrial zoning district
DIAGNOSIS
10 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
BUSINESS DISTRICT GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
29. Shopping areas with a regional
orientation should be located and
engineered to ensure traffic generated
does not impact travel within Monticello
3-13 -- The B4 business district was specifically designed
as the City’s regional shopping zoning district, and
the new zoning map was designed with traffic
impacts in mind
--The City’s engineering standards will ensure future
development is completed in a way that adequately
handles potential traffic impacts
30. Require adequate street capacities for
places to shop
3-13
31. Provide for an adequate supply of
parking
3-13
32. Require proper building materials,
facades and signage to create an attractive
setting
3-13
-- The City’s new off-street parking and signage
regulations were incorporated into the new code
--Finishing standards outlining requirements for
building materials were included in the new code
--The City’s engineering standards, not city code, will
dictate required street widths and capacities
TRANSITION GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
33. Define edges and/or require transitions
between commercial and residential uses
3-13 -- New landscaping standards include required
landscaped buffers between different use types
--Transitional features have been introduced into the
code to facilitate the blending of uses in between
districts
34. Mixed uses areas between downtown and
the hospital campus should be oriented
towards Broadway, but have access from
other streets
3-14
35. Limit non-residential uses in mixed use
areas to small retail, service, and office
businesses
3-14
36. Allow intense housing and hospital
related uses in the mixed use area
3-15
--Mixed use standards in the performance overlay
district place limits on the types of commercial
businesses which are allowed
--Vehicular access to residential properties from
arterial or collector roadways was prohibited unless
no other reasonable alternative exists as
determined by the Community Development
Department
-- A hospital overlay district was considered, but was
not implemented at this time
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 11
CITY OF MONTICELLO
INSTITUTIONAL GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
37. Orientate institutional uses to collector
or arterial streets
3-15
38. Signage and lighting for institutional uses
should be akin to commercial areas
3-15
--Requirements for building materials, landscaping,
lighting and signage were kept consistent for non-
residential zoning districts
DOWNTOWN GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
39. Ensure downtown has the tools necessary
to be successful, while maintaining
community identity and heritage
1-1
40. Achieve the vision and objectives
described in the 1997 Downtown
Riverfront Plan
3-13,
3-19
41. Make downtown an inter-connected and
supportive collection of land uses
3-13,
3-21
42. Reserve street fronts for businesses 3-13
43. Downtown development should have a
special focus on being pedestrian friendly
3-13,
3-22
44. Ensure an adequate supply of free
downtown parking
3-13
-- MFRA was instructed to not address downtown
goals as part of the zoning update process
-- Zoning changes to the downtown will be completed
following adoption of a new Downtown plan in
the near future
DIAGNOSIS
12 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
B. Zoning Code Analysis Results
MFRA, city staff, and the steering committee each reviewed the existing
zoning code, and independently identified various issues to address as part
of the rewrite process. The following matrix identifies the final list of to-do
items agreed to by all three parties.
FORMATTING & ORGANIZATION GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
1. Eliminate cascading uses between
zoning districts
CH 5 to
19B
-- Individual chapters for each zoning district have
been eliminated
-- All “use” related issues have been moved to an
independent chapter
-- A table with permitted uses on one axis and
zoning districts on another was created. This
single table can be examined to find out where
uses are allowed within all zoning districts.
2. Use clear spacing and indentation to
identify sections and subsections
All -- The annotated outline clearly demonstrated how
margins and spacing would be set up for legibility
and for the inclusion of cross-references. Further
edits were then made as the code came together.
3. Code needs to be more intuitive as to
where information can be found
All -- The new code was organized into distinct chapters
of similar information (i.e. a “Use Standards”
chapter combined all codes related to uses
throughout the City).
4. Simplify current language as necessary
to add clarity
All -- All codes were examined for clarity and ease of
reading.
5. Break up long paragraphs of regulations
into easy to read bullet points
Sec 1-2 -- The new code format allows for easy integration of
numbered lists.
6. Update the table of contents to match
new organization; eliminate duplicate
numbers separated a sub-letter (i.e.
Chapter 19 and 19B)
3-1 et al -- The 33 existing chapters were condensed down
into eight distinct chapters. All duplicate
numbers were eliminated.
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 13
CITY OF MONTICELLO
MAKING CODE USER FRIENDLY
Goal Pg(s) Technique(s) Used to Address the Goal
7. Use pictures and illustrations
throughout as needed to clarify terms
(i.e. height measurement, yard locations,
etc)
pg 3-4
-- MFRA inserted pictures and illustrations
throughout the code as needed to ensure clarity.
8. Add headers to every page to facilitate
easy navigation of the new zoning code
All -- The new code includes headers indicating the
chapter, section, and subsection applicable to the
language at the top of every page.
9. Use consistent terms in regulations
unless a distinction is desired [i.e. “solar
heating systems” (section 3-2(N)(7) vs
“solar systems” (section 3-3(D)(4)]
--
-- MFRA sought to use consistent terms at all times
when preparing the revised code.
10. Delete old code references that are no
longer applicable (i.e. Section 3-6A:
Grading)
pg 3-44 -- All old references were eliminated as regulations
were transferred into the new code framework.
11. Combine procedures into one code
section for easy reference
CH 22 -- Chapter 2 of the new code contains all code
provisions on how applications will be reviewed,
what information is necessary for an application,
and how decisions will be made.
12. Convert all final documents into an easy
to use web-ready format. All sections
should begin on new pages.
All -- The final step in the code revision process will entail
transforming the new paper code into a web-ready
format (either an HTML file from Word, or
formatted .pdfs for downloading).
13. Add illustrations to the definitions
section as needed. If illustrations are in
the code, add a cross reference
CH 2 -- Illustrations were used in nearly every chapter of the
new code. Cross-references were also added as
necessary to make the code user friendly.
14. Eliminate unnecessary definitions CH 2 -- Unused definitions were eliminated and new
definitions were added as needed.
15. Engineering standards should not be
codified and instead be left to the
design manual
Sec 3-6
(C)
-- Engineering standards, when encountered, were
eliminated. The City’s engineering standards
document will apply
16. Review “yard” and “building line”
definitions with staff; make sure
definitions are set prior to revising
standards
Def. -- “Building lines” are defined by the location of the
building, and each yard is defined by the area
between the corresponding lot line and parallel
building line.
17. As needed, ensure the new codes
correspond to the building code to
eliminate conflicts
All -- During the course of the rewrite, MFRA strived to
ensure all new codes did not conflict in any way
with adopted portions of the building code.
DIAGNOSIS
14 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
ADMINISTRATIVE PROCEDURE GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
18. Update public process to ensure the city
can meet state mandated deadlines
while speeding up the process for
applicants as possible.
CH 22 -- The procedures for all application reviews were
examined and edited as needed to ensure the City
can always comply with the 60-day rule.
Unnecessary review steps were also eliminated to
ensure quick/quality customer service.
19. Review application requirements; be
detailed on what is required but give
staff ability to waive unnecessary
information.
All -- MFRA included detailed lists of information
required for applications to make the code
defensible against a 60-day rule claim. A provision
was added to give staff the authority to waive
requirements when specific information was
unnecessary to make a determination on an
application.
20. Clarify in code that CUPs run with the
land
CUPs -- Code was clarified to ensure all readers understand
the statutory requirement that authorized
conditional uses run with the land and NOT with
the landowner.
21. Eliminate “land use permits” as they are
not currently used. Develop a new
administrative approval process as
necessary.
CH 25 -- A new site plan review process was added to code
for administrative review of multi-family residential
and non residential development. The old “land
use permits” were eliminated.
ZONING DISTRICTS AND ALLOWABLE USES GOALS
Goal Pg(s) Technique(s) Used to Address the Goal
22. Zoning district summaries are needed CH 5 to
19B
-- Zoning district information (e.g. min lot size, lot
width, setbacks, etc) was coordinated into one page
summary sheets for each zoning district.
Illustrations and pictures are used to clarify zoning
district standards.
23. Use tables to clearly communicate
specific requirements by zoning district
(i.e. setbacks, allowable building height,
etc)
pg 3-3 -- Each zoning district summary sheet includes a table
organizing all lot specific regulations for easy
reference.
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 15
CITY OF MONTICELLO
ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
24. Simplify allowed encroachments into
setbacks; what about cantilevers?
Sec 3-3
(D)
-- Allowable encroachments are provided for
“appurtenances” (visible, functional, or ornamental
objects accessory to and part of a building such as
chimneys, decks, etc). Appurtenances are allowed
to extend into required yards per current codes.
25. Eliminate the use of temporary bubble
buildings throughout the community
? --New standards for certain temporary uses were
established in code
--“Bubble buildings” were not necessarily eliminated,
but instead are required to adhere to the
requirements for accessory structures or temporary
structures as well as the building code
26. “Waste enclosures” need to be
addressed/allowed in applicable districts
(get more info)
? -- Section 5.2(A) in the new code requires that all
refuse, garbage, etc be kept in an enclosed building
or in a proper container, and requires all vacant
land to be kept clean.
27. Review standards for anticipated
amenities for homes (i.e. many old
codes, including Monticello’s, prohibits
AC units in side yards—still necessary?)
Res.
districts
-- MFRA suggested updated standards when such
issues arose. The steering committee was not in
favor of a prohibition on accessory structures in
street facing side yards.
28. Add regulations on alternative/
renewable energy sources; include
height max for wind towers in certain
areas
-- -- Standards for wind power facilities, solar energy
systems and solar access were included within the
new code.
29. Discuss pros & cons of listing
“permitted” things vs. “prohibited”
things
-- -- MFRA recommended that listing “prohibited”
things vs. “permitted” things was dangerous as a
prohibited list insinuates that things not listed are
permitted (which might not result in a desirable
outcome)!
30. Simplify and revise the way lot area and
building size regulations are
communicated
Sec 3-4 -- The new zoning district summary sheets use tables
and graphics to clarify these regulations
31. Need to discuss proper building heights
in each zoning district
Sec 3-4
(A)
--The steering committee and other reviewing bodies
examined all lot requirements (height included) to
ensure they were appropriate
DIAGNOSIS
16 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
32. Update maximum allowed densities
based on the new comprehensive plan
Sec 3-4
(B)
-- MFRA worked with the steering committee to
identify appropriate minimum lot sizes and other
regulations to ensure resulting densities will be
consistent with the Comprehensive Plan.
33. Useable open space requirements for
multi-family structures are currently lost;
relocate as needed
Sec 3-4
(D)
-- The open space requirements of section 3-4(D) were
relocated to the Use Standards Chapter amongst
regulations applicable to ALL attached dwelling
types within the City.
34. Review minimum floor areas required
by dwelling unit…suggest changes as
needed
Sec 3-4
(G) -- MFRA changed the minimum floor area to go by
unit type instead of building height.
35. Require screening of rooftop
equipment?
Sec 3-4
(F)
--Rooftop screening standards were added to the
screening requirements section within the new
finishing standards chapter. Pictures and
illustrations were included for clarity.
36. Add standards for drive-through uses
pg 3-33 -- Drive thru services are listed as an accessory use in
the new code, and specific regulations for such have
been established.
37. Get City Engineer input on Land
Reclamation codes (exc/fill) and Mining
regulations
Sections
3-7 &
3-8
-- MFRA sought guidance from City staff on
necessary changes, and updated the new code
accordingly.
38. Check adult use regulations to ensure
the ordinance still allows for some
locations; recommend updates if needed
Sec 3-10 -- Once the final zoning map is set, MFRA will
analyze the current setbacks and buffers required by
code to ensure existing regulations still allow for
possible creation of adult oriented businesses (as
required by law).
39. Recommend ways to address home
occupations, but maintain city control
Sec 3-11 -- MFRA has established three types of home
occupations within the new code: those that are
outright permitted with no city involvement; those
that require an administrative home occupation
permit; and those that would require a full
conditional use permit.
40. Address business vehicle parking and
business storage with home occupations
Sec 3-11 -- Business vehicle parking was previously handled by
the City with the adoption of new off-street parking
regulations, and storage for home occupations was
addressed in the new home occupation codes.
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 17
CITY OF MONTICELLO
ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
41. Revise ‘Communications Antenna’s”
section to address new technologies
Sec 3-12 -- New regulations for towers and antennas were
incorporated into the new code.
42. Outdoor sales and display licenses:
Examine allowable limits
Discuss expansion of outdoor
patio/venue usage with City staff.
Renumber to fit new format
Sec 3-
11A -- Outdoor sidewalk sales & display is now listed as an
accessory use with specific conditions governing
such.
43. Zoning Districts (in general): review
comp plan goals and compare with
existing districts. More needed? Less
needed?
CH 4 -- MFRA listened to feedback from the public and the
steering committee and the following main changes
were implemented: 1)refined the B1 district for
desired neighborhood shops; 2)specialized the B3
district for vehicle sales; 3)specialize R2 and R1-A
districts for specific development types (became RA
and TN districts); 4) eliminated PZR and PZM in
favor of an overlay performance zone.
44. Staff would like to update and approve
the zoning map annually? Discuss.
Sec 4-2 -- MFRA did not recommend annual approval of a
new zoning map, and instead recommended the
City simply follows its regulations to update the
map as changes occur.
45. “Group Homes” need to be addressed
and comply with statutes
Res
districts
-- MFRA worked with the City Attorney to ensure all
regulations governing group homes are consistent
with statutory requirements.
46. Remove “garage sale” from an allowed
use in zoning districts to a “temporary
use” elsewhere in code.
Res
districts
-- Garage sales were designated a temporary use in the
new code, limited to four days per event and three
events total per calendar year.
47. Determine the purpose of “limited open
sales” in residential districts. Edit as
needed
Sec 6-3
(I)
-- “Open Sales” in residential zoning districts were
strictly limited to motor vehicles, boats, motorized
equipment, and recreational vehicles.
48. Work with city staff in reviewing single-
family design standards; recommend
improvements.
Res
districts
-- MFRA led discussions on residential uses with the
steering committee and city staff, and desired design
standards were incorporated into code
49. In-depth review of performance zoning
standards in Chapter 10 is needed.
Improve design standards and
encourage use.
CH 10 -- MFRA prepared a new performance standard
overlay district which allows for by-right
development flexibility in return for increased design
standards.
DIAGNOSIS
18 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
50. CUPs (in general): make sure all
conditionally permitted uses in the code
have specific review criteria.
Example:
Sec 10-5
(B)
-- Within the new “Use Standards” chapter, MFRA
created a section which includes specific criteria for
all nearly all uses allowed by code. Such specific
criteria would be in addition to the general criteria
reviewed for all CUPs.
51. Eliminate the need for CUPs when an
in-depth review is not necessary
All -- All uses were reviewed to ensure they are assigned
the proper classification (permitted, conditionally
permitted, interim permitted) in each zoning
district.
52. Discuss the purposes of the B-1
Neighborhood Business District with
city staff – get direction on needed
changes
CH 11 -- The B-1 zoning district was retained for future use
if/when the city identifies areas appropriate for
small neighborhood businesses.
53. Trucking Services are not an interim use
unless located on a parcel slated for
development at a specific time. Discuss
proper classification
Sec 13-5 -- All uses (including trucking services) were reviewed
to ensure they were assigned the proper
classification (permitted, conditionally permitted,
interim permitted) in each zoning district.
54. Commercial Uses (all districts): simplify
allowable use list and avoid specifics (i.e.
retail sales instead of “dry goods store”)
All bus.
Districts
-- The table outlining allowed uses utilizes general
classification categories which keeps the city flexible
to new uses as they arise.
55. Get direction on institutional and semi-
public uses (e.g. churches). Use the P-S
district? Handle accordingly.
? -- The P-S district was eliminated as its allowed uses
were heavily overlapping with other districts, and it
was operating more as spot zoning rather than a
distinct district. The idea of maintaining the
district with a focus on schools, churches, parks,
and hospitals (etc) was discussed but voted down by
the steering committee.
56. Maintain existing downtown regulations
for changes after future planning is
complete.
CH 14B -- MFRA sought to keep all CCD regulations
unchanged within the new code.
57. Review permitted uses within the
industrial districts; meld commercial
and industrial uses where appropriate
CH 15 -- New broad use categories were introduced in both
commercial and industrial areas potentially
allowing for a greater variety of business types
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 19
CITY OF MONTICELLO
ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued)
Goal Pg(s) Technique(s) Used to Address the Goal
58. Get DRAFT version of new PUD codes;
suggest edits as appropriate; incorporate
into the new code framework
CH 17 -- MFRA drafted new PUD regulations and assisted
the city with multiple revisions to such.
59. Revise and update the zoning map into
a readable document showing all zoning
and overlay districts
Map -- GIS parcel data was coded with both the old zoning
data and proposed new zoning districts.
60. Some residential areas (e.g. R2) have
developed like other districts (R1).
Zoning map should be changed
accordingly.
Map -- MFRA worked with City staff to identify needed
zoning changes, and suggested other changes as
appropriate
61. Make overlay districts clearly stand out
in the new code:
Floodplain District
Wetland District
Drinking Water Supply
Management Area (DWSMA)
Mississippi Scenic District
Shoreland District
Freeway Sign District
Hospital District
NRI District?
CH 18,
19, 27
-- The “Use Standards” section of the new code has a
subsection devoted specifically to overlay districts.
They are no longer buried amongst other code
regulations and should be easy for all users to find.
62. Examine the Carlyle Village plans and
results; example of development process
that did NOT work. Suggest ways of
using incentives and clustering instead
? -- City staff and members of the Steering Committee
reviewed plan sets for many developments
throughout the community, and used their findings
to guide MFRA’s changes to standard district
provisions and new PUD regulations.
63. Add “religious organizations” as a
conditionally permitted use in the
industrial zoning districts.
? -- The steering committee considered this request, but
elected to exclude “places of public assemble” from
the industrial areas given the limited amount of
available industrial land.
DIAGNOSIS
20 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
GOALS FOR DESIGN STANDARDS, TRANSITIONAL FEATURES, & OTHER EDITS
Goal Pg(s) Technique(s) Used to Address the Goal
64. Fees section can likely be removed
provided the city has another “fees”
section in city code that is updated
yearly by ordinance.
CH 26 -- Fees are addressed outside of zoning. All references
in zoning to fees point to the City’s yearly adopted
fee schedule
65. Create new enforcement policies and
applicable penalties for code infractions.
CH 28 -- A new “Enforcement” chapter (7) outlines what
constitutes a violation, how staff will pursue
compliance to code, and what are the consequences
of non-compliance
66. Remove moratorium language from
code
CH 29,
30
-- The text of Interim ordinances (such as
moratoriums) are not required by statute to be
included within the City’s book of ordinances.
-- MFRA eliminated the prior moratorium language
entirely, and recommends that such language not be
codified in the future
67. Move language governing grading,
drainage and erosion control to a
proper location within the new code.
Use recently updated language.
CH 33 -- Grading and erosion control standards were
relocated into Chapter 4: Finishing Standards as
section 4.10
68. Recommend amendments to the
subdivision ordinance as necessary
Sub Ord. -- While not a component of this project, MFRA will
be sure to alert staff to subdivision ordinance
changes that may be desirable or necessary as a
result of new code changes.
69. Distribute the requirements of section
3-2(C) to more intuitive locations in
code (surveys required, ROW
protection, official map)
pg 3-6 -- Organization of the new code was a top priority
throughout the rewrite process.
-- All existing sections of code were relocated as deemed
appropriate, and a cross-reference between the old
and new code was created to allow easy referencing
between documents.
70. Separate fencing, screening, and
landscaping requirements as necessary
for clarity and ease of use
Sec 3-2G --Fencing, screening, and landscaping requirements
were all given their own sections within the new
Chapter 4. Cross-references were added as needed
DIAGNOSIS
ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 21
CITY OF MONTICELLO
GOALS FOR DESIGN STANDARDS, TRANSITIONAL FEATURES, & OTHER EDITS
(continued)
Goal Pg(s) Technique(s) Used to Address the Goal
71. Planting requirements on required
landscape plans for site plan review
(study?)
pg 3-14 -- Planting requirements were specifically spelled out
in the landscaping portion (section 4.1) of the
finishing standards chapter
--Specific requirements for landscaping plans were also
outlined in section 4.1, and such plans would be
required during a site plan review process
72. New tree preservation ordinance is
desired in lieu of section 3-2(G)(8)
(study?)
pg 3-16 --New tree preservation standards were added to code
as section 4.2
73. Section 3-2(G)(10) “Interstate Highway
Landscaping” has “never or rarely been
applied;” decision needed on whether it
should be retained or eliminated
pg 3-17 --Interstate landscaping requirements were eliminated
in favor of overall standards for parking lot
landscaping, perimeter landscaping, site
landscaping, and screening requirements (all in
section 4.1)
74. Insert landscaping cross references in
code when necessary [i.e. with parking
standards…sec 3-2(G)(11)]
-- -- Cross-references were introduced throughout the code
to assist readers in locating important
supplementary information.
75. Improve language governing appropriate
lighting; prohibit drop-down lighting
without shielding
pg 3-18 -- New lighting standards were added to the finishing
standards chapter as Section 4.4
76. Coordinate “nuisance” issues into a
single section
pg 3-18 -- Nuisance regulations have been coordinated in the
new “Use Standards” chapter within a section
applicable to all uses.
77. Restrictions on fencing impacts to
ROWs should also extend to
landscaping
Sec 3-2F -- The new code contains a section outlining common
yard and height requirements applicable throughout
the city. One of those common requirements is
protection of corner visibility against obstruction by
fences, walls, landscaping, etc.
DIAGNOSIS
22 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE
CITY OF MONTICELLO
GOALS FOR DESIGN STANDARDS, TRANSITIONAL FEATURES, & OTHER EDITS
(continued)
Goal Pg(s) Technique(s) Used to Address the Goal
78. Dictate acceptable fencing materials in
new code (chain link? Barbed wire?
Chicken wire? Plastic or wooden snow
fencing?)
Fencing
regs.
-- Fences and Walls were given their own section (4.3)
within the finishing standards chapter
--MFRA worked with the steering committee to
identify appropriate fencing materials, prohibited
junk fences, and provided provisions for exceptions
when authorized through approval of a security
plan
79. Relocate required buffer yard standards
nearer the required landscaping sections
as both deal with mitigating impacts.
Sec 3-3
(F)
-- All landscaping/buffering/screening requirements
were relocated to a single section (4.1) in the
finishing standards chapter
80. Eliminate provisions on Utility
Transition Areas.
Sec 3-4
(C)
-- Utility transition areas (along with all other sections
of code deemed no longer necessary) were
eliminated.
81. Incorporate new off-street parking
requirements currently being completed
by the City. Review to see if all staff
comments were addressed.
Sec 3-5
-- MFRA transitioned the City’s new off-street parking
standards into the new code as Section 4.9
82. Off-street loading standards should
have a good link to commercial and
industrial standards.
pg 3-43 -- MFRA transitioned the City’s new off-street loading
standards into the new code as Section 4.9
83. Chapter 3A Signs already updated; fold
into new code structure in the
appropriate location.
CH 3A -- Chapter 3A was moved into the new code as
Section 4.5
84. Regulations governing outdoor storage
in all districts should be examined.
All -- Outdoor storage was eliminated as a principal use
in all districts, and was limited by conditions as an
accessory use.
The DRAFT City of Monticello Zoning Ordinance was color coded to
convey different information.
NOTE: All color coding and prior code references will be removed
when printing the new code documents!
GREEN = Text in green indicates existing City of Monticello zoning code text.
This text has not been edited in any way and was only relocated to its new position
within the new code framework.
ORANGE = Text in orange indicates existing City of Monticello zoning code text
that has been amended in some manner. Most amendments were made to add
clarity to the code.
BLACK = Text in black is brand new text that was added to the Monticello zoning
code.
RED = Red text indicates areas that will be filled in upon approval of the new code
(e.g. references to the approval date of the code were not know at the time the draft
was put together).
BLUE = Blue text follows green or orange text to provide a reference to the
language’s prior location within the former Monticello Zoning Ordinance.
PURPLE = Crossreferences to other locations in city code, state statutes, etc.
These will be links in the electronic files posted on-line.
TABLE OF CONTENTS
City of Monticello Zoning Ordinance Page i
TABLE OF CONTENTS
CHAPTER 1: GENERAL PROVISIONS......................................................................................1
1.1 Title..........................................................................................................................................1
1.2 Authority..................................................................................................................................1
1.3 Ordinance Purpose...................................................................................................................1
1.4 Effective Date...........................................................................................................................2
1.5 Applicability.............................................................................................................................2
1.6 Relation to the Comprehensive Plan........................................................................................2
1.7 Relationship to Other Laws and Agreements...........................................................................2
(A) Conflict with Other Public Laws, Chapters, Regulations, or Permits......................2
(B) Conflict with Private Agreements...........................................................................3
(C) Conflict Between Standards in this Ordinance........................................................3
1.8 Transitional Regulations..........................................................................................................4
(A) Purpose....................................................................................................................4
(B) Violations Continue.................................................................................................4
(C) Uses, Structures, and Lots Rendered Nonconforming.............................................5
(D) Existing Legal Nonconformities..............................................................................5
(E) Processing of Applications Commenced or Approved Under Previous
Ordinances...............................................................................................................5
1.9 Severability..............................................................................................................................6
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES..............................................7
2.1 Purpose.....................................................................................................................................7
2.2 Summary of Decision Making and Review Bodies..................................................................7
(A) Summary Table of Decision-Making and Review Bodies......................................7
(B) City Council............................................................................................................8
(C) Planning Commission..............................................................................................9
(D) Parks Commission...................................................................................................9
(E) Board of Adjustment and Appeals.........................................................................10
(F) Industrial and Economic Development Committee...............................................11
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Page ii City of Monticello Zoning Ordinance
(G) Economic Development Authority (EDA)............................................................11
(H) Community Development Department..................................................................11
2.3 Common Review Procedures & Requirements......................................................................12
(A) Applicability ..........................................................................................................12
(B) Authority to File Applications...............................................................................13
(C) Application Submission Schedule.........................................................................13
(D) Application Contents.............................................................................................13
(E) Application Acceptance.........................................................................................14
(F) Simultaneous Processing of Applications..............................................................15
(G) Pre-application Conferences..................................................................................15
(H) Fees........................................................................................................................15
(I) Public Notification.................................................................................................16
(J) Continuation of Public Hearings...........................................................................18
(K) Withdrawal of an Application...............................................................................18
(L) Required Action Deadline.....................................................................................18
(M) Environmental Review..........................................................................................18
(N) Reconsideration of Land Use Approval Applications...........................................19
2.4 Specific Review Procedures & Requirements........................................................................19
(A) Comprehensive Plan Amendments........................................................................19
(B) Zoning Ordinance Text and Zoning Map Amendments........................................21
(C) Variances...............................................................................................................23
(D) Conditional Use Permits........................................................................................26
(E) Interim Use Permits...............................................................................................31
(F) Site Plan Applications...........................................................................................35
(G) Administrative Adjustments..................................................................................42
(H) Appeal of Administrative Decisions......................................................................45
(I) Building Permits....................................................................................................47
(J) Certificates of Occupancy......................................................................................48
(K) Sign Permits...........................................................................................................49
(L) Temporary Use Permits.........................................................................................52
(M) Administrative Home Occupation Permits............................................................55
(N) Grading, Drainage and Erosion Control Permit.....................................................58
(O) Driveway Permits..................................................................................................62
(P) Planned Unit Developments..................................................................................65
TABLE OF CONTENTS
City of Monticello Zoning Ordinance Page iii
CHAPTER 3: ZONING DISTRICTS...........................................................................................79
3.1 General Provisions.................................................................................................................79
(A) Adoption of Zoning Map.......................................................................................79
(B) Types of Zoning Districts......................................................................................79
(C) District Boundaries................................................................................................79
(D) Zoning Classifications for Newly Annexed Property............................................79
3.2 Districts Established...............................................................................................................80
(A) Establishment of Base Districts.............................................................................80
(B) Establishment of Overlay Districts........................................................................80
(C) Classification of Districts......................................................................................81
(D) Organization of Base Zoning District Regulations................................................81
(E) Diagrams and Photographs for Illustrative Purposes Only....................................81
3.3 Common District Requirements.............................................................................................81
(A) Building within Public Easements Prohibited.......................................................81
(B) Outlots...................................................................................................................81
(C) Principal Buildings................................................................................................81
(D) Common Yard and Height Requirements..............................................................82
3.4 Residential Base Zoning Districts..........................................................................................85
(A) General Purpose....................................................................................................85
(B) Standards Applicable to All Residential Base Zoning Districts............................85
(C) A-O: Agricultural Open Space District.................................................................87
(D) R-A: Residential Amenities District......................................................................89
(E) R-1: Single Family Residence District..................................................................91
(F) R-2: Single and Two Family Residence District...................................................93
(G) T-N: Traditional Neighborhood Residence District..............................................95
(H) R-3: Medium Density Residence District..............................................................97
(I) M-H: Manufactured Home Park District...............................................................99
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Page iv City of Monticello Zoning Ordinance
3.5 Business Base Zoning Districts............................................................................................101
(A) General Purpose...................................................................................................101
(B) Standards Applicable to All Business Base Zoning Districts..............................101
(C) Neighborhood Business District..........................................................................103
(D) B-2: Limited Business District............................................................................105
(E) B-3: Highway Business District..........................................................................107
(F) Regional Business District...................................................................................109
(G) Central Community District................................................................................111
3.6 Industrial Base Zoning Districts...........................................................................................113
(B) General Purpose...................................................................................................113
(C) Standards Applicable to All Industrial Base Zoning Districts.............................113
(C) Industrial and Business Campus District.............................................................115
(D) I-1: Light Industrial District.................................................................................117
(E) I-2: Heavy Industrial District...............................................................................119
3.7 Overlay Zoning Districts......................................................................................................121
(A) General Purpose...................................................................................................121
(B) Relationship to Base Zoning Districts.................................................................121
(C) FP: Floodplain District.......................................................................................121
(D) Wetland District...................................................................................................121
(E) Shoreland District................................................................................................131
(F) FBS: Freeway Bonus Sign District.....................................................................131
(G) DW: Drinking Water Supply Management Area................................................132
(H) Performance Based Enhancement District..........................................................132
(I) CCD Residential Overlay District.......................................................................140
CHAPTER 4: FINISHING STANDARDS.................................................................................143
4.1 Landscaping and Screening..................................................................................................143
(A) Section Organization...........................................................................................143
(B) Purpose and Intent...............................................................................................144
(C) General Requirements for Landscaping..............................................................145
(D) Landscaping Plan Requirements..........................................................................148
(E) Alternative Landscaping Plan..............................................................................150
(F) Standards for Vehicular Use Area Landscaping..................................................152
(G) Standards for Perimeter Buffers..........................................................................157
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City of Monticello Zoning Ordinance Page v
(H) Standards for Site Landscaping...........................................................................161
(I) Standards for Required Screening.......................................................................163
(J) Zoning District Specific Landscaping Standards.................................................166
(K) Landscaping Installation and Maintenance Standards.........................................167
4.2 Tree Protection.....................................................................................................................170
(A) Purpose................................................................................................................170
(B) Protection of Specimen Trees..............................................................................170
(C) Tree Protection During Construction...................................................................172
(D) Tree Preservation Incentives...............................................................................173
4.3 Fences & Walls....................................................................................................................175
(A) Purpose and Intent...............................................................................................175
(B) Applicability ........................................................................................................175
(C) General Requirements for Fences and Walls.......................................................175
(D) Requirements for Fences and Walls by District Type.........................................177
(E) Exemption for Security Plan................................................................................179
(F) Perimeter Fences and Walls Abutting Public Rights-of-Way.............................179
(G) Prohibited Fences................................................................................................180
(H) Chain Link Fencing.............................................................................................180
(I) Barbed or Razor Wire..........................................................................................181
(J) Appearance..........................................................................................................181
4.4 Exterior Lighting..................................................................................................................182
(A) Purpose................................................................................................................182
(B) Applicability ........................................................................................................183
(C) Exemptions..........................................................................................................183
(D) General Standards for Exterior Lighting.............................................................183
(E) Design Standards for Exterior Lighting...............................................................184
(F) Wall Pack Lights.................................................................................................185
(G) Exemptions for a Security Plan...........................................................................185
(H) Illumination of Outdoor Sports Fields and Performance Areas...........................186
(I) Sign Lighting .......................................................................................................186
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Page vi City of Monticello Zoning Ordinance
4.5 Signs.....................................................................................................................................187
(A) Findings, Purpose, and Effect..............................................................................187
(B) Permit Required...................................................................................................188
(C) Permit Not Required............................................................................................188
(D) Prohibited Signs...................................................................................................190
(E) Nonconforming Signs and Uses..........................................................................191
(F) Enforcement and Penalties..................................................................................192
(G) Substitution..........................................................................................................192
(H) General Provisions...............................................................................................192
(I) Temporary Signs..................................................................................................197
(J) District Regulations.............................................................................................198
4.6 Underground Utilities ...........................................................................................................201
4.7 Transitional Features............................................................................................................201
(A) Purpose and Intent...............................................................................................201
(B) Applicability ........................................................................................................202
(C) Standards.............................................................................................................202
4.8 Off-street Parking.................................................................................................................206
(A) Purpose................................................................................................................206
(B) Application of Off-Street Parking Regulation.....................................................206
(C) Change in Use or Occupancy..............................................................................206
(D) Prohibited Uses Related to Off-street Parking.....................................................207
(E) Standards Applicable to All Uses........................................................................207
(F) Standards Applicable to Residential Uses...........................................................219
(G) Standards Applicable to Commercial, Industrial & Civic/Institutional
Uses .....................................................................................................................223
4.9 Off-street Loading Spaces....................................................................................................227
(A) Purpose................................................................................................................227
(B) Location...............................................................................................................227
(C) Surfacing..............................................................................................................228
(D) Accessory Use, Parking and Storage...................................................................228
(E) Screening.............................................................................................................228
(F) Size......................................................................................................................228
(G) Number of Loading Berths Required...................................................................229
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City of Monticello Zoning Ordinance Page vii
4.10 Grading, Drainage, & Erosion Control...............................................................................229
(A) Purpose................................................................................................................229
(B) Permits.................................................................................................................230
(C) Grading, Drainage and Erosion Control Plan Requirements...............................230
(D) Construction Requirements.................................................................................231
(E) Inspection............................................................................................................233
(F) Site Maintenance.................................................................................................234
(G) Certification.........................................................................................................235
(H) Enforcement........................................................................................................235
4.11 Building Materials..............................................................................................................237
(A) Purpose................................................................................................................237
(B) General Requirements.........................................................................................237
(C) Residential District Requirements.......................................................................237
(D) Business District Requirements...........................................................................238
(E) Industrial Requirements.......................................................................................239
(F) Institutional Requirements...................................................................................239
4.12 Wind Energy Conversion Systems (WECS)......................................................................239
(A) Purpose................................................................................................................239
(B) WECS Requirements...........................................................................................240
(C) Required Permits.................................................................................................244
(D) WECS Permit and Site Plan Application Requirements.....................................244
4.13 Telecommunication Towers and Antennas........................................................................246
(A) Purpose................................................................................................................246
(B) New Tower Requirements...................................................................................247
(C) General Requirements.........................................................................................248
(D) Specific Antenna Provisions................................................................................252
(E) Specific Amateur Short Wave Antenna Provisions.............................................253
(F) Specific Radio/Television Broadcast Transmission Antenna Provisions............253
(G) Specific Personal Wireless Communications Service Antenna
Provisions............................................................................................................253
(H) Required Permits.................................................................................................254
(I) Submittal Requirements......................................................................................254
(J) Removal of Abandoned or Unused Towers or Portions of Towers.....................256
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Page viii City of Monticello Zoning Ordinance
CHAPTER 5: USE STANDARDS...............................................................................................257
5.1 Use Table..............................................................................................................................257
(A) Explanation of Use Table Structure.....................................................................257
5.2 Use-Specific Standards.........................................................................................................261
(A) General Regulations Applicable to All Uses.......................................................261
(B) Regulations for Agricultural Uses.......................................................................263
(C) Regulations for Residential Uses.........................................................................265
(D) Regulations for Civic and Institutional Uses.......................................................271
(E) Regulations for Office Uses.................................................................................275
(F) Regulations for Commercial Uses.......................................................................276
(G) Regulations for Industrial Uses...........................................................................291
5.3 Accessory Use Standards.....................................................................................................300
(A) Purpose................................................................................................................300
(B) General Standards and Limitations for Accessory Uses and Structures..............301
(C) Table of Permitted Accessory Uses.....................................................................303
(D) Additional Specific Standards for Certain Accessory Uses.................................305
5.4 Temporary Uses...................................................................................................................323
(A) Purpose................................................................................................................323
(B) Permit Required...................................................................................................324
(C) General Standards for Temporary Uses...............................................................324
(D) Table of Allowed Temporary Uses and Structures..............................................325
(E) Specific Standards for Temporary Uses..............................................................326
CHAPTER 6: NONCONFORMITIES.......................................................................................333
6.1 Purpose.................................................................................................................................333
6.2 Authority to Continue...........................................................................................................333
6.3 Discontinuance.....................................................................................................................335
6.4 Change in Use......................................................................................................................335
6.5 Building Permits and Ordinance Amendments ....................................................................336
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City of Monticello Zoning Ordinance Page ix
6.6 Existing Nonconforming Lots..............................................................................................336
(A) Required Merger of Common Ownership Lots...................................................336
(B) Vacant or Redeveloped Lots................................................................................337
(C) Developed Lots....................................................................................................338
CHAPTER 7: ENFORCEMENT................................................................................................339
7.1 Purpose.................................................................................................................................339
7.2 Compliance Required...........................................................................................................339
(A) In General............................................................................................................339
(B) Approvals Required.............................................................................................339
7.3 Violations.............................................................................................................................339
(A) Failure to Comply with This Ordinance or Term or Any Condition of
Approval Constitutes a Violation........................................................................339
(B) Development Shall Adhere to Approved Plans...................................................340
7.4 Responsible Persons.............................................................................................................341
7.5 Enforcement Generally........................................................................................................341
(A) Responsibility for Enforcement...........................................................................341
(B) General Inspections.............................................................................................341
(C) Complaints Regarding Violations.......................................................................342
(D) Investigation of Complaints................................................................................342
(E) Notice of Violations............................................................................................342
(F) Application of Penalties......................................................................................343
(G) Emergency Enforcement without Notice.............................................................343
7.6 Remedies and Penalties........................................................................................................343
CHAPTER 8: RULES & DEFINITIONS...................................................................................345
8.1 General Rules for Interpretation...........................................................................................345
(A) Meanings and Intent............................................................................................345
(B) Headings, Illustrations, and Text.........................................................................345
(C) Lists and Examples..............................................................................................345
(D) Computation of Time..........................................................................................345
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Page x City of Monticello Zoning Ordinance
(E) References to Other Regulations/Publications.....................................................346
(F) Delegation of Authority.......................................................................................346
(G) Technical and Non-Technical Terms...................................................................346
(H) Public Officials and Agencies.............................................................................346
(I) Mandatory and Discretionary Terms...................................................................346
(J) Conjunctions........................................................................................................346
(K) Tenses, Plurals, and Gender.................................................................................346
(L) Terms Not Defined..............................................................................................347
8.2 Rules of Measurement..........................................................................................................347
(A) Measurements, Generally....................................................................................347
(B) Lots......................................................................................................................347
8.3 Glossary of Abbreviations....................................................................................................356
8.4 Definitions............................................................................................................................359
CHAPTER 1: GENERAL PROVISIONS
Section 1.3 Ordinance Purpose
Subsection (A)
City of Monticello Zoning Ordinance Page 1
CHAPTER 1: GENERAL PROVISIONS
1.1 Title
The Ordinance shall be known as "Monticello Zoning Ordinance" except as referred to herein,
where it shall be known as "this ordinance." [1-1].
1.2 Authority
This ordinance is enacted pursuant to the authority granted by the Municipal Planning Act,
Minnesota Statutes, Sections 462.351 to 462.363. [1-9].
1.3 Ordinance Purpose
(A) This ordinance is adopted for the following purposes:
(1) To implement the policies of the City’s Comprehensive Plan.
(2) To protect the public health, safety, and general welfare of the community and its
people through the establishment of regulations governing development and use.
[1-2]
(3) To promote orderly development and redevelopment; [1-2]
(4) To protect the established use areas; [1-2]
(5) To provide adequate light, air, and convenience of access to property; [1-2]
(6) To prevent congestion in the public right-of-way; [1-2]
(7) To prevent overcrowding of land and undue concentration of structures by
regulating land, buildings, yards, and allowed residential densities; [1-2]
(8) To provide for compatibility of different land uses; [1-2]
(9) To provide for administration and enforcement of this ordinance; [1-2]
(10) To provide for amendments; [1-2]
(A)
MN Statutes Section
462
CHAPTER 1: GENERAL PROVISIONS
Section 1.7 Relationship to Other Laws and Agreements
Subsection (A) Conflict with Other Public Laws, Chapters, Regulations, or Permits
Page 2 City of Monticello Zoning Ordinance
(11) To prescribe penalties for violation of such regulations; and [1-2]
(12) To define powers and duties of the City staff, the Board of Adjustment and
Appeals, the Planning Commission, and the City Council in relation to the Zoning
Ordinance. [1-2]
(B) In their interpretation and application, the provisions of this ordinance shall be held as
the minimum requirements for the promotion of public health, safety, and welfare. [1-5]
1.4 Effective Date
This ordinance shall be effective on and after <date ordinance is effective>. The adoption of
this ordinance shall not be construed to confer any protected legal status on uses in existence
prior to the effective date that did not conform to previous ordinance provisions. Uses that
were illegal under previous ordinance provisions shall not be converted to a legal non-
conforming use by reason of adoption of this ordinance.
1.5 Applicability
This ordinance is applicable to all land located within the City both now and as may be
incorporated in the future. The use of land and buildings or structures, and the construction,
reconstruction, alteration, expansion, or relocation of buildings or structures shall conform to
the provisions of this ordinance. [1-6 & 1-7]
1.6 Relation to the Comprehensive Plan
It is the policy of the City of Monticello that the Comprehensive Plan is the City’s guiding
document for the regulation of land use and development. The enforcement, amendment, and
administration of this ordinance is to be accomplished with due consideration of the
recommendations contained in the Comprehensive Municipal Plan as developed and amended
from time to time by the Planning Commission and City Council of the City. [1-3].
1.7 Relationship to Other Laws and Agreements
(A) Conflict with Other Public Laws, Chapters, Regulations, or Permits
(1) This ordinance is intended to complement other municipal, state, and federal
regulations that affect land use. This ordinance is not intended to revoke or repeal
any other public law, ordinance, regulation, or permit.
The Comp Plan is
viewable on the City
of Monticello web
site.
CHAPTER 1: GENERAL PROVISIONS
Section 1.7 Relationship to Other Laws and Agreements
Subsection (C) Conflict Between Standards in this Ordinance
City of Monticello Zoning Ordinance Page 3
(2) Where the provisions of this ordinance impose greater restrictions than those of
any statute, other chapter or regulation; the provisions of this ordinance shall
apply. [1-4]
(3) Where the provisions of any statute, other chapter or regulation impose greater
restrictions than this ordinance, the provisions of that statute, other chapter or
regulation shall apply. [1-4]
(B) Conflict with Private Agreements
(1) The existence of any easement, covenant, or other private agreement with respect
to property affected by this ordinance shall not affect the duty of any interested
person to comply with this ordinance.
(2) The City shall have no obligation to waive or modify the requirements of this
ordinance to conform to private agreements, nor shall it be obligated to enforce
such agreements.
(C) Conflict Between Standards in this Ordinance
(1) Controlling Standards
In the event of conflict between one or more of the standards in this ordinance,
priority shall be established based on the following descending hierarchy:
(a) Overlay Zoning District Requirements;
(b) Base Zoning District Requirements;
(c) Section 8.2, Rules of Measurement; and
(d) Chapter 4: Finishing Standards.
(Example: if an overlay district standard conflicts with a base district standard, the
overlay district standard shall control and take precedence).
Section 3.7: Overlay
Zoning Districts
3.4 Residential Base
Districts
3.5 Business Base
Districts
Section 8.2: Rules of
Measurement
Chapter 4: Finishing
Standards
CHAPTER 1: GENERAL PROVISIONS
Section 1.8 Transitional Regulations
Subsection (B) Violations Continue
Page 4 City of Monticello Zoning Ordinance
(2) Conflicts Between Other Standards
In cases where two or more standards conflict within the same hierarchy category
identified in Section 1.7(C)(1) above, the more restrictive standard shall not
necessarily control (for example, if two overlay zoning district requirements
conflict, this subsection shall apply). The determination as to which control
applies shall be made by the Community Development Department. The
following standards shall govern the Community Development Department and
the Board of Adjustment and Appeals in issuing use interpretations:
(a) Greater consistency with the goals and objectives contained within the
adopted Comprehensive Plan;
(b) More supportive of the purposes of this ordinance as described in Section 1.3,
Purpose;
(c) Increased compatibility with adjacent development and surrounding
community character;
(d) Enhanced environmental quality and natural resource protection;
(e) Greater protection and preservation of historic and cultural resources; and
(f) A superior level of building form, design, or architecture.
1.8 Transitional Regulations
(A) Purpose
The purpose of transitional regulations is to resolve the status of properties with pending
applications or recent approvals, and properties with outstanding violations, at the time
of the adoption of this ordinance.
(B) Violations Continue
Any violation of previous versions of this ordinance shall continue to be a violation
under this ordinance and shall be subject to the penalties and enforcement set forth in
Chapter 7: Enforcement; unless the use, development, construction, or other activity
complies with the provisions of this ordinance.
The Comp Plan is
viewable on the City
of Monticello web
site.
Section 1.3: Purpose
Chapter 7:
Enforcement
CHAPTER 1: GENERAL PROVISIONS
Section 1.8 Transitional Regulations
Subsection (E) Processing of Applications Commenced or Approved Under Previous Ordinances
City of Monticello Zoning Ordinance Page 5
(C) Uses, Structures, and Lots Rendered Nonconforming
Where any use, building, structure, or lot that legally existed on the effective date of this
ordinance does not meet all standards set forth in this ordinance, such building,
structure, lot or parcel shall be subject to the requirements of Chapter 6:
Nonconformities.
(D) Existing Legal Nonconformities
Legal nonconforming lots of record and uses that existed on the effective date of this
ordinance shall be controlled by Chapter 6: Nonconformities.
(E) Processing of Applications Commenced or Approved Under Previous Ordinances
(1) Pending Application
(a) Any complete application that has been submitted or accepted for review, but
upon which no final action has been taken by the appropriate decision making
body prior to the effective date of this ordinance, shall be reviewed in
accordance with the provisions of ordinances in effect on the date the
application was deemed complete by the City.
(b) An applicant with a pending application may waive the review available
under the prior ordinance through a written letter to the Community
Development Department, and instead request review under the provisions of
this ordinance.
(2) Approved Projects
(a) Approved land use and other related actions by the City of Monticello
authorized under the prior ordinance, including Building Permits that are valid
on the effective date of this ordinance, shall remain valid until their expiration
date, where applicable.
(b) Projects with valid approvals or permits shall comply with the requirements of
this ordinance where the standards will not materially affect the project.
Where use of these standards would materially affect the project, the project
shall be completed pursuant to the development standards in effect at the time
of approval, provided that the permit or approval is valid and has not lapsed.
Chapter 6:
Nonconformities
CHAPTER 1: GENERAL PROVISIONS
Section 1.9 Severability
Subsection (A)
Page 6 City of Monticello Zoning Ordinance
(c) Any building or development for which a Building Permit was granted prior
to the effective date of this ordinance shall be permitted to proceed as
permitted or approved, even if such building or development does not
conform to the provisions of this ordinance, as long as the Building Permit
remains valid.
(d) Building permits authorized in accordance with the ordinance existing prior to
the effective date of this ordinance shall still be valid, but shall not be
renewed if the permit expires. All future permits shall only be issued if in
compliance with the requirements of this ordinance.
1.9 Severability
(A) If any court of competent jurisdiction invalidates any provision of this ordinance, then
such judgment shall not affect the validity and continued enforcement of any other
provision of this ordinance. [1-10(A)]
(B) If any court of competent jurisdiction invalidates the application of any provision of this
ordinance to a particular property, structure, or situation, then such judgment shall not
affect the application of that provision to any other building, structure, or situation not
specifically included in that judgment. [1-10(B)]
(C) If any court of competent jurisdiction rules invalid any condition attached to an approval
under this ordinance, then such judgment shall not affect any other conditions or
requirements attached to the same approval that are not specifically included in that
judgment.
(D) Whenever a condition or limitation is included in an administrative action authorizing
regulatory activity, then it shall be conclusively presumed that the authorizing officer,
commission, or board considered such condition or limitation necessary to carry out the
spirit and intent of this ordinance, and that the officer, commission, or board would not
have granted the authorization to which the condition or limitation pertained except in
the determination that the condition or limitation was lawful.
(E) No judgment of any court of competent jurisdiction shall be considered final until all
appeals therefore have been exhausted.
(A)
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.2 Summary of Decision Making and Review Bodies
Subsection (A) Summary Table of Decision-Making and Review Bodies
City of Monticello Zoning Ordinance Page 7
CHAPTER 2: APPLICATION REVIEWS AND
PROCEDURES
2.1 Purpose
The purpose of this chapter is to identify all decision-making bodies responsible for the review
of applications, the common review requirements for all applications, and the specific
requirements and review procedures for various application types.
2.2 Summary of Decision Making and Review Bodies
(A) Summary Table of Decision-Making and Review Bodies
(1) Table 2-1 summarizes the general review and decision-making responsibilities of
the City entities that have roles in the procedures set forth in this chapter. Other
duties and responsibilities of the entities are set forth in subsequent subsections of
this chapter or elsewhere within the Monticello City Code. The City may require
any and all review bodies to examine specific applications as deemed appropriate
by the Community Development Department or City Council.
(2) The City may request other boards, commissions, government agencies, and non-
government agencies to review some applications as deemed appropriate prior to
any final ruling on such applications.
Table 2-1
Monticello
City Code
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.2 Summary of Decision Making and Review Bodies
Subsection (B) City Council
Page 8 City of Monticello Zoning Ordinance
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 necessary 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(A) R * H - R D
Zoning Map/Text Amendment 2.4(B) R * H - R D
Variance 2.4(C) R A D
Conditional Use Permit 2.4(D) R * H - R D
Interim Use Permit 2.4(E) R * H - R D
Site Plan Review 2.4(F) D * A
Administrative Adjustments 2.4(G) D A
Administrative Appeal 2.4(H) R A D
Building Permits 2.4(I) D A
Certificates of Occupancy 2.4(J) D A
Sign Permit 2.4(K) D A
Temporary Use Permit 2.4(L) D A
Home Occupation Permit 2.4(M) D A
Grading Permit 2.4(N) D A
Driveway Permit 2.4(O) D A
Planned Unit Development 2.4(P) R * * H - R D
Subdivisions City Code R * R H - R D A
[1]: Industrial & Economic Development Committee (IEDC) and the Economic Development Authority (EDA)
(B) City Council
In addition to any other authority granted to the City Council by the City Code or state
law, the City Council shall have the following powers and duties related to this
ordinance:
(1) To enact amendments to the Comprehensive Plan, the text of this ordinance, and
Zoning Map.
(2) To hear, review, and make decisions on all Land Use Applications submitted to
the City.
City Code
Title 1, Ch 5: City
Council
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.2 Summary of Decision Making and Review Bodies
Subsection (D) Parks Commission
City of Monticello Zoning Ordinance Page 9
(C) Planning Commission
(1) Establishment, Membership, Rules and Procedures
The establishment, membership, rules and procedures for the Planning
Commission are established in Title 2, Chapter 1 of the City Code.
(2) Powers and Duties
In addition to any other authority granted to the Planning Commission by the City
Code, the Planning Commission shall have the following additional powers and
duties related to this ordinance:
(a) Comprehensive Plan Amendments, Zoning Map Amendments, and
Zoning Text Amendments
(i) To initiate amendments to the Comprehensive Plan, the text of this
ordinance, the Official Zoning Map (rezoning of property), or other
sections of the Monticello City Code; and
(ii) To hear, review, and make recommendations to the City Council on
applications for amendments to the Comprehensive Plan, the text of this
ordinance or zoning map amendments.
(b) Land Use Applications
To hear, review, and make recommendations on the following Land Use
Applications before the City:
(i) Comprehensive Plan Amendment;
(ii) Zoning Map Amendment;
(iii) Zoning Chapter Text Amendment;
(iv) Conditional Use Permit;
(v) Interim Use Permit; and
(vi) Planned Unit Development.
(c) Other
To exercise such other powers, and perform such other duties, as are
reasonable or necessary as provided by law.
(D) Parks Commission
(1) Establishment, Membership, Rules and Procedures
The establishment, membership, rules and procedures for the Parks Commission
are established in Title 2, Chapter 6 of the City Code.
City Code
Title 2, Ch 1:
Planning
Commission
City Code
Title 2, Ch 6:
Parks Commission
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.2 Summary of Decision Making and Review Bodies
Subsection (E) Board of Adjustment and Appeals
Page 10 City of Monticello Zoning Ordinance
(2) Powers and Duties
In addition to any other authority granted to the Park Commission by the City
Code, the Park Commission shall have the responsibility to review and make
recommendations on park needs generated by new development.
(E) Board of Adjustment and Appeals
(1) Establishment
The Board of Adjustment and Appeals is hereby established.
(2) Membership
The Planning Commission shall act as a Board of Adjustment and Appeals.
[23-1]
(3) Rules
The Board of Adjustment shall adopt rules for the conduct of business and may
exercise all of the powers conferred on such boards by state law. [18-10(C)(1)]
(4) Procedures
Proceedings of the Board of Adjustment and Appeals by the Planning
Commission shall be undertaken as a component of scheduled Planning
Commission meetings. It shall not be necessary for the Planning Commission to
adjourn and reconvene as the Board of Adjustment and Appeals to undertake such
proceedings.
(5) Powers and Duties
The Board of Adjustment and Appeals shall have the following powers and duties
related to this ordinance:
(a) To consider applications for variances; and [18-10(C)(3)]
(b) To hear appeals of administrative discretionary decisions made by the
Community Development Department or other administrative official in
carrying out or enforcing any provision of this ordinance. [18-10(C)(2)]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.2 Summary of Decision Making and Review Bodies
Subsection (H) Community Development Department
City of Monticello Zoning Ordinance Page 11
(F) Industrial and Economic Development Committee
(1) Establishment, Membership, Rules and Procedures
The establishment, membership, rules and procedures for the Industrial and
Economic Development Committee are established in Title 2, Chapter 10 of the
City Code.
(2) Powers and Duties
In addition to any other authority granted to the Industrial and Economic
Development Committee by the City Code, the Industrial and Economic
Development Committee shall have the responsibility to review and make
recommendations on commercial and industrial land use applications when
requested by the Community Development Department.
(G) Economic Development Authority (EDA)
(1) Establishment, Membership, Rules and Procedures
The establishment, membership, rules and procedures for the Economic
Development Authority are established in Title 2, Chapter 3 of the City Code.
(2) Powers and Duties
In addition to any other authority granted to the Economic Development
Authority by the City Code, the Economic Development Authority shall have the
responsibility to review and make recommendations on commercial and industrial
land use applications when requested by the Community Development
Department.
(H) Community Development Department
(1) General Authorization
The Community Development Department, under the supervision of the City
Administrator, shall administer the provisions of this ordinance as provided in this
section.
(2) Powers and Duties [21-2(c)]
In addition to the jurisdiction, authority, and duties that may be conferred upon
the Community Development Department by other provisions of the City Code,
the Community Development Department shall have the following jurisdiction,
powers, and duties under this ordinance:
City Code
Title 2, Ch 10,
Industrial &
Economic
Development
Committee
City Code
Title 2, Ch 3:
Economic
Development
Authority
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (A) Applicability
Page 12 City of Monticello Zoning Ordinance
(a) Interpretations
Render interpretations of all provisions of this ordinance, including, but not
limited to, interpretations of the text of this ordinance; interpretation of the
zoning map, and interpretation of the comprehensive plan.
(b) Enforcement
Enforce the provisions of this ordinance. [21-2] [21-2(e)]
(c) Administer Ordinance
Review, approve, conditionally approve or deny applications for Building
Permits and other administratively reviewed permits or applications as may be
required by this ordinance. [21-2(a)] [21-2(b)]
(d) Application Tracking and Recommendations
Review, monitor, and provide recommendations on applications requiring
approval by the City Council or other governmental bodies as directed by the
City Administrator. [21-2(d)]
(e) Provide Expertise and Technical Assistance
Provide expertise and technical assistance to the City Council and the City’s
commissions, boards, and other bodies.
(f) Maintain the Zoning Map
Update the City’s official zoning map as it may be amended from time to
time.
(g) Recommendations on Procedures
Review and provide comments or make recommendations to the appropriate
decision-making and review body on the various procedures, requirements or
appeals established by this ordinance.
2.3 Common Review Procedures & Requirements
(A) Applicability
The requirements of Section 2.3 shall apply to all applications subject to review under
this ordinance unless otherwise stated.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (D) Application Contents
City of Monticello Zoning Ordinance Page 13
(B) Authority to File Applications
(1) Unless otherwise specified in this ordinance, applications may be initiated by:
(a) The owner of the property that is the subject of the application; or
(b) The owner’s authorized agent; or
(c) The City.
(2) When an authorized agent files an application under this ordinance on behalf of a
property owner, the agent shall provide a signed authorization from the fee title
property owner stating that the property owner agrees to be bound by all
decisions, agreements, and related conditions agreed to by such agent.
(3) For all applications involving multiple owners, contract purchasers, etc; all such
persons shall sign the application.
(C) Application Submission Schedule
The schedule for the submission of applications in relation to scheduled meetings of the
decision-making bodies shall be maintained by the Community Development
Department and made available to the public.
(D) Application Contents
(1) Organization and Copies
The organization of applications and the number of copies of required information
to be submitted shall be determined by the Community Development Department.
(2) General Submittal Requirements
All applications shall include:
(a) A completed City of Monticello application form;
(b) Verification of authority to file applications per the requirements of section
2.3(B);
(c) Supporting title information establishing ownership interests in the property
(e.g. a title commitment and/or signature of fee title property owner);
(d) All submittal requirements outlined in this ordinance for the specific
application type;
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (E) Application Acceptance
Page 14 City of Monticello Zoning Ordinance
(e) Electronic copies of all written narratives and plan sets required by the
Community Development Department as part of the specific application.
(f) The City may require applicants to submit such technical studies as may be
necessary to enable the City to evaluate the application. Such studies may
include, but not be limited to, traffic studies, engineering studies,
environmental impact assessments, and economic impact reports. The costs
of such studies shall be borne by the applicant with the persons or firms
preparing the study approved by the City.
(3) Submission of Fees
Applications shall be accompanied by a fee as established by the City of
Monticello pursuant to the most recently adopted City of Monticello Fee
Schedule.
(E) Application Acceptance
(1) Complete Application Required
The review and consideration of an application submitted under this section shall
only occur if such application includes all items that are required in support of the
application and is deemed complete by the Community Development Department.
(2) Waiver of Application Requirements
Except for the required application form and the associated fee, the Community
Development Department may waive individual submittal requirements and deem
an application complete for review if it is determined that such information will
serve no purpose during the review process. However, it is the responsibility of
the applicant to supply all information required by this ordinance, and a waiver
issued by the Community Development Department shall not eliminate the need
to provide such information at a later time if it is ultimately deemed necessary to
adequately review the application. During the review process, failure of an
applicant to supply information in a timely manner may result in denial of the
application due to the City’s inability to comply with state mandated time
deadlines.
Current Monticello
Fee Schedule
MN Statute 15.99
subdivision (3)(a)
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (H) Fees
City of Monticello Zoning Ordinance Page 15
(F) Simultaneous Processing of Applications
Whenever two or more forms of review and approval are required under this ordinance
(e.g., a proposed rezoning and subdivision application), the applications for those
approvals may, at the discretion of the Community Development Department, be
processed simultaneously, so long as all applicable requirements are satisfied for all
applications.
(G) Pre-application Conferences
(1) All prospective applicants shall be required to speak with a member of the
Community Development Department prior to submitting an application in order
to review the proposal and to determine the specific materials to be submitted
with the future application. Failure of a prospective applicant to initiate a pre-
application conference shall result in all application materials listed herein for the
subject application being required prior to the application being deemed complete.
(2) Discussions that occur during a pre-application conference are not binding on the
City and do not constitute official assurances, representations or approvals by the
City or its officials on any aspects of the plan or application discussed.
(H) Fees
(1) Determination of Fees
Fees required to accompany applications submitted under this ordinance shall be
in accordance with the approved fee schedule adopted yearly by the City Council.
(2) Fees to be Paid
No application shall be accepted until all applicable application fees have been
paid.
(3) Refund of Application Fee
Application fees are not administratively refundable except when the Community
Development Department determines that an application was withdrawn prior to
any consideration or review of the application. [26-3]
(4) Escrow
Application fees may also require payment of an escrow in favor of the City. The
required escrow amount shall be in accordance with the approved fee schedule
adopted yearly by the City Council.
Current Monticello
Fee Schedule
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (I) Public Notification
Page 16 City of Monticello Zoning Ordinance
(5) Staff and/or Consultant Fee
In order to defray the additional cost of processing applications submitted under
this ordinance, all applicants shall pay the total cost of staff and/or consulting time
spent exclusively in producing materials for the applicants request and all
materials for said request. [26-2]
(a) "Materials" shall include, but not be limited to, maps, graphs, charts,
drawings, etc., and all printing and reproduction of same. [26-2(A)]
(b) "Staff and/or Consulting Time" shall include any time spent in either
researching for or actual production of materials. [26-2(B)]
(c) The hourly rate for "staff and/or consulting time" shall be in accordance with
the approved fee schedule adopted yearly by the City Council [26-2(C)]
(I) Public Notification
Applications requiring public notification shall be noticed in compliance with the
following provisions.
(1) Content
Notices for public hearings, whether by publication or mailed notice, shall contain
at a minimum:
(a) A bold title referring to the content of the notice.
(b) Identification of the address or location of the property or properties subject to
the application.
(c) Date, Time, and Place of the Public Hearing.
(d) Nature and Scope of the Application.
(e) Where to View the Application.
(f) Where the Public May be Heard.
(g) Provision for Written Comments. The notice will describe where written
comments will be received prior to the public hearing.
(2) Timing of the Notice
Unless otherwise expressly provided or required by law, all statutorily or code
required notices shall be postmarked or published at least ten (10) days prior to
the hearing or meeting at which the application will be considered.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (I) Public Notification
City of Monticello Zoning Ordinance Page 17
(3) Responsibilities
(a) Published notice
When the provisions of this ordinance require that notice be published, the
Community Development Department shall be responsible for preparing the
content of the notice and publishing the notice in the City’s official
newspaper. The content and form of the published notice shall be consistent
with the requirements of Section 2.3(I)(1) and state law.
(b) Written (mailed) notice.
When the provisions of this ordinance require that written or mailed notice be
provided, the Community Development Department shall be responsible for
preparing and mailing the written notice per the requirements outlined in
Table 2-2.
TABLE 2-2: WRITTEN NOTIFICATION REQUIREMENTS
Application Type: Written Notice Provided to:
Comprehensive Plan Amendment All property owners within 350 feet
Zoning Map Amendment All property owners within 350 feet
Variance All property owners within 350 feet
Conditional Use Permit All property owners within 350 feet
Interim Use Permit (new and renewal) All property owners within 350 feet
CUP/IUP Revocation Permittee/Landowner Only
Planned Unit Developments All property owners within 500 feet
(4) Notice Construction
(a) The Community Development Department may use property tax records to
determine the names and addresses of affected property owners. A copy of
the notice and a list of the owners and addresses to which the notice was sent
must be attested to by the Community Development Department and must be
made a part of the records of the proceedings.
(b) Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a good faith attempt has been made to
comply with applicable notice requirements. Minor defects in notice are
errors that do not affect the substance of the notice (e.g., errors in a legal
description, typographical or grammatical errors, errors of actual acreage,
etc). Failure of a party to receive written notice shall not invalidate
subsequent action. In all cases, however, the notification requirements and
information specifying the time, date, and place of a hearing shall be strictly
construed.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.3 Common Review Procedures & Requirements
Subsection (M) Environmental Review
Page 18 City of Monticello Zoning Ordinance
(c) When the records of the City document the publication, mailing, and posting
of notices as required by this subsection, it shall be presumed that notice of a
public hearing was given as required by this subsection.
(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 notice
requirements of this chapter, provided that the continuance date is announced at the
meeting.
(K) Withdrawal of an Application
A request for withdrawal of an application shall be submitted in writing with a signature
to the Community Development Department.
(L) Required Action Deadline
All applications for land use approvals shall be approved or denied within timeframes
required by applicable laws, regulation and the provisions of this ordinance in effect on
the date the application was submitted.
(M) Environmental Review
(1) No development project shall be approved prior to review by the Community
Development Department to determine the necessity for completion of an
Environmental Assessment worksheet (EAW) or Environmental Impact
Statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota
Environmental Quality Review Board (EQB) regulations for the Environmental
Review Program authorized by Minnesota Statute 116.D04 and 116D.04S and
specified in Minnesota Rules Parts 4410.0200 to 44410.7800.
(2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical
in the processing of a development project. No decision on granting of a permit
or other approval required may be issued until the EAW/EIS process is
completed.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (A) Comprehensive Plan Amendments
City of Monticello Zoning Ordinance Page 19
(N) Reconsideration of Land Use Approval Applications
No application for land use approval which has been denied by the City Council, in
whole or in part, shall be reconsidered for a period of six (6) months from the date of
City Council action on the application, except where there is substantial new evidence
or proof of a change in conditions with respect to such application. Before any such
reconsideration, the City may require the submission of the appropriate application fee
and the application may be considered as a new application.
2.4 Specific Review Procedures & Requirements
(A) Comprehensive Plan Amendments
(1) Purpose and Scope
This section sets out the procedure to follow when considering a change to the
Comprehensive Plan.
(2) Initiation of Proceedings
Proceedings for the amendment of the Comprehensive Plan 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) Recommendation of the Planning Commission; or
(c) Action of the City Council.
(3) Application
(a) All applications to amend the Comprehensive Plan shall be in accordance
with Section 2.3, Common Review Procedures & Requirements.
(b) In addition to the common review requirements, applications for
Comprehensive Plan amendments shall also include the following:
(i) The name of the applicant;
(ii) A narrative explaining the requested change and the reasons why the
Comprehensive Plan should be amended per the request;
(iii) The legal description of all real property proposed for change (if
applicable);
Section 2.3: Common
Review Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (A) Comprehensive Plan Amendments
Page 20 City of Monticello Zoning Ordinance
(iv) The existing and proposed land use and zoning designations for all
properties proposed to change (if applicable);
(v) A map of the properties to be modified to a different land use category,
showing the addresses and land uses for adjacent properties (if
applicable);
(vi) The proposed text and/or maps to be added, amended, or deleted from the
Comprehensive Plan along with documentation as to the location of the
text changes in the Comprehensive Plan, if applicable.
(4) Review
(a) Planning Commission
Before any amendment is adopted, the Planning Commission shall hold at
least one public hearing after proper notice has been issued in accordance
with Section 2.3(I). Following the hearing, the Planning Commission shall
adopt findings and recommendations on the proposed amendment as soon as
practical. The Community Development Department may forward an
application to the City Council without a recommendation from the Planning
Commission only if it is deemed necessary to ensure compliance with state
mandated deadlines for application review.
(b) City Council
The City Council may hold a public hearing on the amendment if they deem
such necessary or it is deemed necessary by the Community Development
Department. After consideration of the Planning Commission
recommendation and/or hearing, if applicable, the City Council may adopt the
amendment or any part thereof in such form as it deems advisable. Approval
of an amendment shall require a majority vote of all members of the City
Council except for amendments which change all or part of the existing
classification of a zoning district from residential to either commercial or
industrial which will require the approval of four-fifths of all the members of
the City Council.
(5) Approval Criteria
Recommendations and decisions on Comprehensive Plan amendments shall be
based on consideration of the following criteria:
(a) Whether the proposed amendment corrects an error or addresses the need
resulting from some changing condition, trend, or fact arising since the
adoption of the Comprehensive Plan;
Section 2.3(I): Public
Notification
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (B) Zoning Ordinance Text and Zoning Map Amendments
City of Monticello Zoning Ordinance Page 21
(b) Whether the proposed amendment is consistent with the guiding principles of
the Comprehensive Plan;
(c) The extent to which the proposed amendment addresses a demonstrated
community need;
(d) Whether the proposed amendment will protect the health, safety, morals, and
general welfare of the public;
(e) The impacts on the natural and built environments, including air, water, noise,
stormwater management, wildlife habitat, water quality, vegetation, drainage,
streets, and other engineering design or environmental factors;
(f) Whether the proposed amendment is compatible with existing and proposed
uses surrounding the subject property; whether the proposed design and land
uses are appropriate for the land; and whether the proposed amendment will
maintain or improve compatibility among uses and ensure efficient
development within the City;
(g) Whether the proposed amendment will result in a logical, orderly and
predictable development pattern; and
(h) Whether the proposed amendment is consistent with the purpose of this
ordinance.
(B) Zoning Ordinance Text and Zoning Map Amendments
(1) Purpose and Scope
This section sets out the procedures to be followed in reviewing and
considering a text change to this ordinance or an amendment to the zoning map
with the exception of a map amendment to a planned unit development, which
shall be subject to the procedures in Section 2.4(P), Planned Unit
Development.
(2) Initiation of Proceedings
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; [22-2]
(b) Recommendation of the Planning Commission; or [22-2]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (B) Zoning Ordinance Text and Zoning Map Amendments
Page 22 City of Monticello Zoning Ordinance
(c) Action of the City Council. [22-2]
(3) Application
(a) All applications to amend the text of this ordinance or the zoning map shall be
in accordance with Section 2.3, Common Review Procedures &
Requirements.
(b) In addition to the common review requirements, applications for changes to
the text of this ordinance or the Zoning Map shall also include the following:
(i) The name of the applicant;
(ii) A narrative explaining the requested modification and the reasons why the
changes are supported by the Comprehensive Plan;
(iii) The legal description of all real property proposed for change, if
applicable;
(iv) The existing and proposed land use and zoning designations for all
properties proposed for change, if applicable;
(v) A map of the properties to be modified to a different zoning designation,
showing the addresses and zoning designations for the subject properties
and the adjacent properties, if applicable;
(vi) The location of the proposed text to be added, amended, or deleted in this
ordinance, if applicable.
(4) Review
(a) Planning Commission
Before any amendment is adopted, the Planning Commission shall hold at
least one public hearing after proper notice has been issued in accordance
with Section 2.3(I). Following the hearing, the Planning Commission shall
adopt findings and recommendations on the proposed amendment as soon as
practical. The Community Development Department may forward an
application to the City Council without a recommendation from the Planning
Commission only if it is deemed necessary to ensure compliance with state
mandated deadlines for application review.
Section 2.3:
Common Review
Requirements
Section 2.3(I):
Public Notification
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (C) Variances
City of Monticello Zoning Ordinance Page 23
(b) City Council
The City Council may hold a public hearing on the amendment if deemed
necessary by the Community Development Department. After consideration
of the Planning Commission recommendation and/or hearing, if applicable,
the City Council may adopt the amendment or any part thereof in such form
as it deems advisable. The amendment requires the approval of four-fifths of
all the members of the City Council.
(5) Approval Criteria
Recommendations and decisions on zoning amendments shall be based on
consideration of the following criteria:
(a) Whether the proposed amendment corrects an error in the original text or
map; or
(b) Whether the proposed amendment addresses needs arising from a changing
condition, trend, or fact affecting the subject property and surrounding area.
(c) Whether the proposed amendment is consistent with achieving the goals and
objectives outlined in the comprehensive plan.
(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 unnecessary hardship 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.
(2) Initiation of Proceedings
Variances shall be initiated by an owner of property or an authorized
representative of an owner pursuant to Section 2.3(B), Authority to File
Applications.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (C) Variances
Page 24 City of Monticello Zoning Ordinance
(3) Application [23-6(A)]
(a) All applications for a Variance shall be in accordance with Section 2.3,
Common Review Procedures & Requirements.
(b) In addition to the common review requirements, applications for a Variance
shall also include the following:
(i) A written narrative demonstrating that the criteria for a variance as set out
in Section 2.4(C)(4)(a) have been met.
(ii) A site plan of the property showing all information necessary to allow the
City to determine conformance with all zoning provisions, and to
calculate the specific variance being requested. Information shall include
but not be limited to:
1. Property and structure dimensions;
2. Setback dimensions/measurements;
3. Parking and access locations and dimensions;
(iii) If deemed necessary by the Community Development Department, a
survey may be required to be submitted with the application in addition to
a site plan.
(4) Review
(a) Variance Criteria [23-3]
Approval of a Variance may only be made upon a determination that undue
hardship will result based on all of the following criteria:
(i) The property in question cannot be put to a reasonable use if the
provisions of this ordinance are strictly applied.
(ii) The circumstances rendering the property unusable are unique to the
property.
(iii) The circumstances rendering the property unusable were not created by
the owner thereof.
(iv) A Variance, if granted, will not alter the essential character of the locality.
(v) Economic considerations alone shall not constitute a sufficient basis for a
Variance if reasonable use for the property exists under the terms of the
regulation.
Section 2.3: Common
Review Requirements
MN Statute 462.357
(6)(2) variances
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (C) Variances
City of Monticello Zoning Ordinance Page 25
(b) Board of Adjustment and Appeals [23-4] [23-6(B)] [23-6(E)]
Before any variance is approved, the Board of Adjustment and Appeals shall
hold at least one public hearing after proper notice has been issued in
accordance with Section 2.3(I). Following the hearing, the Board of
Adjustment and Appeals shall consider the request(s) against the variance
review criteria outlined in Section 2.4(C)(4)(a) and take action on the
request(s). In approving a variance, the Board of Adjustment and Appeals
may impose conditions on the approval as are deemed appropriate to ensure
compliance with the approval and to protect adjacent properties. Denial of
any request shall be accompanied by findings of fact at to how the request did
not meet one or more of the review criteria.
(c) Appeal of Variance Decision [23-6(G)]
Decisions of the Board of Adjustment and Appeals are final unless the
applicant files a written appeal outlining the basis for the appeal within five
(5) business days of the decision. Variance appeals shall be reviewed by the
City Council as outlined in Section 2.4(H)(3)(c) subject to the review criteria
in Section 2.4(H)(4).
(5) Effect of a Variance
(a) The issuance of a Variance shall authorize only the particular variation that is
approved by either the Board of Adjustment and Appeals or City Council.
(b) A Variance, including any conditions, shall run with the land and shall not be
affected by a change in ownership.
(6) Subsequent Development
Development authorized by the Variance shall not be carried out until the
applicant has secured all other approvals required by this ordinance or any other
applicable chapters or regulations. The granting of a Variance does not constitute,
imply, or guarantee the granting of any other such required approval (i.e.: a
building permit).
(7) Time Limit [23-7]
(a) Unless otherwise specified in the Variance, if a Building Permit has not been
secured within six months of the date of the Variance approval, the Variance
shall become invalid. Permitted timeframes do not change with successive
owners.
Section 2.3(I):
Public Notification
Section 2.4(H)(3)(c):
Review [of appeals]
by the City Council
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (D) Conditional Use Permits
Page 26 City of Monticello Zoning Ordinance
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(8) Amendment
A Variance may be amended, extended, or modified only in accordance with the
procedures and standards established for originally securing the variance. A
request for a change in the conditions of approval of a Variance shall be
considered an amendment and subject to the full review procedure set forth in this
subsection. An additional application fee may be required before consideration of
the amendment request.
(D) Conditional Use Permits
(1) Purpose and Scope
The Conditional Use Permit process is intended to provide the City with an
opportunity to review a proposed use in order to establish reasonable conditions
necessary to ensure compatibility between the proposed location and use and
surrounding properties. Approval of a conditional use at a location within a
zoning classification does not mean the same conditional use can be conducted on
any other parcel with the same specific zoning classification. Every application
for a CUP will be individually reviewed on its own merits, and the facts
surrounding the subject property will determine the appropriateness of the
proposed use. [22-3A)]
(2) Initiation of Proceedings
A request for a Conditional Use Permit shall be initiated by an owner of property
or an authorized representative of an owner pursuant to Section 2.3(B), Authority
to File Applications. [22-1(A)]
(3) Application [22-1(A)]
(a) All applications for a Conditional Use Permit shall be in accordance with
Section 2.3, Common Review Requirements.
(b) In addition to general review requirements, applications for a Conditional Use
Permit shall also include the following:
(i) A written narrative which includes:
1. A description of the proposed conditional use, how it will function on
the property, hours of operation (if applicable), and any other
information necessary to fully describe the request; and Section 2.3: Common
Review Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (D) Conditional Use Permits
City of Monticello Zoning Ordinance Page 27
2. An explanation of how the proposed conditional use will meet each of
the criteria set forth in Section 2.4(D)(4)(a), as well as any additional
criteria that may apply for the specific use as listed in Chapter 5.
(ii) A location map showing the general location of the proposed use within
the community and the principal land uses surrounding the parcel on
which the conditional use is proposed;
(iii) 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:
1. Site plan drawn to scale showing parcel and existing topography;
2. Location of all existing and proposed buildings and the size of each
(including square footage);
3. Curb cuts, driveways, access roads, parking spaces, off-street loading
areas, and sidewalks;
4. Natural features such as woodlands, wetlands, shorelines, etc;
5. Landscaping and screening plans, including species and size of trees
and shrubs proposed;
6. Proposed finished grading and drainage plan sufficient to drain and
dispose of all surface water accumulated;
7. Type of business or activity and proposed number of employees;
8. Proposed floor plan and elevations of any building with use indicated;
9. Proposed outdoor storage spaces (if applicable);
10. Signage plan.
(iv) If deemed necessary by the Community Development Department, a
survey may be required to be submitted with the application in addition to
or in lieu of a site plan.
(v) Color profile elevation drawings of new structures to illustrate the
proposed visual appearance of new construction.
(vi) Any other information that may be reasonably required by the City to
evaluate the application.
Sec 4.8, Off-street
Parking
Sec 4.9, Off-street
Loading
Sec 4.1(D),
Landscape Plan
Requirements
Sec 4.10(C), Grading
Plan Requirements
Sec 2.4(K)(3)(b),
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (D) Conditional Use Permits
Page 28 City of Monticello Zoning Ordinance
(4) Review
(a) Conditional Use Permit Criteria [22-1(D)]
Approval of a Conditional Use Permit application requires that the City find
that conditions can be established to ensure that all of the following criteria
will always be met:
(i) The conditional use will not substantially diminish or impair property
values within the immediate vicinity of the subject property;
(ii) The conditional use will not be detrimental to the health, safety, morals,
or welfare of persons residing or working near the use;
(iii) The conditional use will not impede the normal and orderly development
of surrounding property for permitted uses predominant in the area;
(iv) The conditional use will not pose an undue burden on public utilities or
roads, and adequate sanitary facilities are provided;
(v) The conditional use can provide adequate parking and loading spaces, and
all storage on the site can be done in conformance with City code
requirements;
(vi) The conditional use will not result in any nuisance including but not
limited to odor, noise, or sight pollution;
(vii) The conditional use will not unnecessarily impact natural features such as
woodlands, wetlands, and shorelines; and all erosion will be properly
controlled;
(viii) The conditional use will adhere to any applicable additional criteria
outlined in Chapter 5 for the proposed use.
(b) Planning Commission [22-1(H)] [22-1(I)]
Before any Conditional Use Permit is considered, the Planning Commission
shall hold at least one public hearing after proper notice has been issued in
accordance with Section 2.3(I). Following the hearing and subsequent
discussion on the merits of the proposal, the Planning Commission shall adopt
findings and recommendations on the general conditional use permit review
criteria outlined in Section 2.4(D)(4)(a) and any specific criteria outlined for
the specific use in Chapter 5. Recommendations for approval may include
such conditions as are deemed necessary to ensure compliance with each of
the Conditional Use Permit review criteria. Denial recommendations shall be
supported by findings of fact as to why the permit request was denied. The
Community Development Department may forward an application to the City
Council without a recommendation from the Planning Commission only if it
is deemed necessary to ensure compliance with state mandated deadlines for
application review.
Section 5.3(D):
Specific Standards
for Certain
Accessory Uses
Section 5.2: Use-
Specific Standards
Section 2.3(I):
Public Notification
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (D) Conditional Use Permits
City of Monticello Zoning Ordinance Page 29
(c) Industrial and Economic Development Committee
Conditional use permits in commercial or industrial areas may, at the
discretion of the Community Development Department, be placed before the
Industrial and Economic Development Committee for review and
recommendation.
(d) City Council [22-1(J)] [22-1(K) part 1]
Upon receiving the recommendations of the Planning Commission, the City
Council shall consider the request against the Conditional Use Permit review
criteria outlined in Section 2.4(D)(4)(a) and take action on the request(s). In
approving a Conditional Use Permit, the City Council may impose conditions
on the approval as are deemed appropriate to ensure compliance with each of
the Conditional Use Permit review criteria. Denial of any request shall be
accompanied by findings of fact as to why the requested permit can not be
approved.
(5) Reasonable Conditions [22-1(K) part 2]
In approving a CUP, the City may adopt and impose such reasonable conditions
and requirements as it deems necessary and appropriate to ensure continued
compliance with the conditional use permit review criteria.
(6) Effect of a Conditional Use Permit Approval
(a) The issuance of a Conditional Use Permit shall authorize only the
improvements approved by the City Council.
(b) A Conditional Use Permit, including any conditions, shall run with the land
and shall not be affected by a change in ownership.
(7) Subsequent Development
Development authorized by the Conditional Use Permit shall not be carried out
until the applicant has secured all other approvals required by this ordinance or
any other applicable ordinances or regulations. The granting of a Conditional Use
Permit does not constitute, imply, or guarantee the granting of any other such
required approval (i.e. a building permit).
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (D) Conditional Use Permits
Page 30 City of Monticello Zoning Ordinance
(8) Time Limit [22-3(C)]
(a) Unless otherwise specified in the Conditional Use Permit, the operation of the
use and/or issuance of building permits for permitted structures shall begin
within six months of the date of the Conditional Use Permit approval. Failure
to do so will invalidate the Conditional Use Permit. Permitted timeframes do
not change with successive owners.
(b) Upon written request, one extension of up to one year may be granted by the
Community Development Department if the applicant can show good cause.
(c) If a use operating pursuant to an approved conditional use permit is
discontinued for a period of at least six months, any further use of the
property shall conform to the requirements of this ordinance. A discontinued
conditional use shall not begin operations again without first obtaining
approval of a new conditional use permit.
(9) Revocation
In the event that any of the conditions set forth in the permit are violated, the City
Council shall have the authority to revoke the conditional use permit. Before the
revocation is considered, the City Council shall hold at least one public hearing
after proper written notice has been issued in accordance with Section 2.3(I).
Following the hearing and subsequent discussion, the City Council may revoke
the CUP by adopting findings of fact showing there has not been substantial
compliance with the required conditions.
(10) Amendments
A Conditional Use Permit may be amended or modified only in accordance with
the procedures and standards established when originally securing the conditional
use permit. A request for a change in the conditions of approval of a Conditional
Use Permit shall be considered an amendment and subject to the full review
procedure set forth in this subsection. An additional application fee may be
required before the consideration of the amendment request.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (E) Interim Use Permits
City of Monticello Zoning Ordinance Page 31
(E) Interim Use Permits
(1) Purpose and Scope
The purpose and intent of allowing interim uses is:
(a) To allow a use for a brief period of time until a permanent location is obtained
or while the permanent location is under construction. [22-3(A)(1)]
(b) To allow a use that is presently judged acceptable by the City Council but
that, with anticipated development or redevelopment, will not be acceptable in
the future or will be replaced in the future by a permitted or conditional use
allowed within the respective district. [22-3(A)(2)]
(c) To allow a use which is reflective of anticipated long-range change to an area
and which is in compliance with the comprehensive plan provided that said
use maintains harmony and compatibility with surrounding uses and is in
keeping with the architectural character and design standards of existing uses
and development. [22-3(A)(3)]
(2) Initiation of Proceedings
A request for an Interim Use Permit shall be initiated by an owner of property or
an authorized representative of an owner pursuant to Section 2.3(B), Authority to
File Applications. [22-3(B)(2)]
(3) Application
(a) All applications for an Interim Use Permit shall be in accordance with Section
2.3, Common Review Requirements.
(b) In addition to general review requirements, applications for an Interim Use
Permit shall also include the following:
(i) A letter from the applicant explaining the proposal and stating the date or
event that will terminate the use;
(ii) A location map showing the general location of the proposed use within
the community and the principal land uses surrounding the parcel on
which the interim use is proposed;
(iii) 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:
Section 2.3:
Common Review
Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (E) Interim Use Permits
Page 32 City of Monticello Zoning Ordinance
1. Site plan drawn to scale showing parcel and existing topography;
2. Location of all buildings and the size of each, including square
footage;
3. Curb cuts, driveways, access roads, parking spaces, off-street loading
areas, and sidewalks;
4. Natural features such as woodlands, wetlands, shorelines, etc;
5. Landscaping and screening plans, including species and size of trees
and shrubs proposed;
6. Proposed finished grading and drainage plan sufficient to drain and
dispose of all surface water accumulated;
7. Type of business or activity and proposed number of employees;
8. Proposed floor plan and elevations of any building with use indicated;
9. Proposed outdoor storage spaces (if applicable);
10. Signage plan.
(iv) If deemed necessary by the Community Development Department, a
survey may be required to be submitted with the application in addition to
or in lieu of a site plan.
(v) A signed consent agreement, provided by the City of Monticello,
agreeing:
1. That the applicant, owner, operator, tenant and/or user has no
entitlement to future re-approval of the Interim Use Permit;
2. That the interim use will not impose additional costs on the public if it
is necessary for the public to fully or partially take the property in the
future; and
3. That the applicant, owner, operator, tenant and/or user will abide by
conditions of approval that the City Council attaches to the Interim
Use Permit.
(vi) Any other information that may be reasonably required by the City to
evaluate the application.
(4) Review
(a) Interim Use Permit Criteria
Approval of an Interim Use Permit application requires that the City find that
conditions can be established to ensure all of the following criteria will
always be met:
(i) The use is allowed as an interim use in the respective zoning district and
conforms to standard zoning regulations. [22-3(C)(2)(c)]
Sec 4.8, Off-street
Parking
Sec 4.9, Off-street
Loading
Sec 4.1(D),
Landscape Plan
Requirements
Sec 4.10(C), Grading
Plan Requirements
Sec 2.4(K)(3)(b),
Sign Plan
Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (E) Interim Use Permits
City of Monticello Zoning Ordinance Page 33
(ii) The use will not adversely impact nearby properties through nuisance,
noise, traffic, dust, odor, or unsightliness and will not otherwise adversely
impact the health, safety, and welfare of the community.
(iii) The use will not adversely impact implementation of the comprehensive
plan.
(iv) The date, event, or change in circumstances that will terminate the use is
identified with certainty. [22-3(C)(2)(d)]
(v) The applicant has signed a consent agreement stating that the applicant,
owner, operator, tenant and/or user has no entitlement to future re-
approval of the Interim Use Permit as well as agreeing that the interim use
will not impose additional costs on the public if it is necessary for the
public to fully or partially take the property in the future. [22-3(C)(2)(e)]
(vi) The applicant agrees to all conditions that the City Council deems
appropriate to allow the use including the requirement of appropriate
financial surety to cover the cost of removing the interim use and any
interim structures upon the expiration of the interim use permit. [22-
3(C)(2)(f)]
(vii) There are no delinquent property taxes, special assessments, interest, or
City utility fees due upon the subject parcel.
(viii) The interim use will adhere to any applicable additional criteria outlined
in Chapter 5 for the proposed use. [22-3(C)(2)(b)]
(b) Planning Commission
Before any Interim Use Permit is considered, the Planning Commission shall
hold at least one public hearing after proper notice has been issued in
accordance with Section 2.3(I). Following the hearing and subsequent
discussion on the merits of the proposal, the Planning Commission shall adopt
findings and recommendations on the general interim use permit review
criteria outlined in Section 2.4(E)(4)(a) and any specific criteria outlined for
the specific use in Chapter 5. Recommendations for approval may include
such conditions as are deemed necessary to ensure compliance with each of
the Interim Use Permit review criteria. Denial recommendations shall be
supported by findings of fact as to why the permit request was denied. The
Community Development Department may forward an application to the City
Council without a recommendation from the Planning Commission only if it
is deemed necessary to ensure compliance with state mandated deadlines for
application review.
Consent Agreement
(PDF)
Section 5.2: Use-
Specific Standards
Section 5.3(D):
Specific Standards
for Certain
Accessory Uses
Section 2.3(I): Public
Notification
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (E) Interim Use Permits
Page 34 City of Monticello Zoning Ordinance
(c) Industrial and Economic Development Committee
Interim use permits in commercial or industrial areas may, at the discretion of
the Community Development Department, be placed before the Industrial and
Economic Development Committee for review and recommendation.
(d) City Council
Upon receiving the recommendations of the Planning Commission, the City
Council shall consider the request against the Interim Use Permit review
criteria outlined in Section 2.4(E)(4)(a) and take action on the request(s). In
approving an Interim Use Permit, the City Council may impose conditions on
the approval as are deemed appropriate to ensure compliance with each of the
Interim Use Permit review criteria. Denial of any request shall be
accompanied by findings of fact at to how the request did not meet one or
more of the review criteria.
(5) Reasonable Conditions
In approving an Interim Use Permit, the City may adopt and impose such
reasonable conditions and requirements as it deems necessary and appropriate to
ensure continued compliance with the Interim Use Permit review criteria.
(6) Effect of an Interim Use Permit Approval
(a) The issuance of an Interim Use Permit shall authorize only the improvements
and use approved by the City Council as an interim use over the specified
timeframe.
(b) An Interim Use Permit, including any conditions, shall run with the land and
shall not be affected by a change in ownership.
(7) Termination
An interim use shall be terminated and removed for any of the following reasons,
whichever occurs first: [22-3(D)]
(a) The date, event or circumstances stated in the permit. [22-3(D)(1)]
(b) Upon violation of conditions under which the permit was issued. [22-3(D)(2)]
(c) Upon change in the City’s zoning regulations which renders the use
nonconforming. [22-3(D)(3)]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
City of Monticello Zoning Ordinance Page 35
(d) The redevelopment of the use and property upon which it is located to a
permitted or conditional use as allowed within the respective zoning district.
[22-3(D)(4)]
(8) Revocation
The City Council may revoke an Interim Use Permit upon finding that any of the
conditions set forth in the permit are violated. Before the revocation is
considered, the City Council shall hold at least one public hearing after proper
written notice has been issued in accordance with Section 2.3(I). Following the
hearing and subsequent discussion, the City Council may revoke the IUP by
adopting findings of fact showing there has not been substantial compliance with
the required conditions.
(9) Amendments
All requested amendments to an existing interim use permit shall be processed in
the same manner as a new application.
(10) Renewal
All renewals of an existing interim use permit shall be processed in the same
manner as a new application.
(F) Site Plan Applications
(1) Purpose and Scope
The City Council declares it necessary and appropriate to require site plan
approval of development in certain zoning districts to preserve and promote
attractive, well-planned, stable urban conditions. Site plan approval by the
Community Development Department must be obtained before a building permit
is issued in order to ensure the following:
(a) A proposed project’s compatibility with the area environment and with other
existing land uses and buildings in the surrounding area.
(b) The quantity, quality, utility, size, and type of a proposed project’s required
open space and proposed landscaping improvements.
(c) The ability of a proposed project’s traffic circulation system to provide for the
convenient and safe internal and external movement of vehicles and
pedestrians.
MN Statutes,
Chapter 14
Section 2.3(I): Public
Notification
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
Page 36 City of Monticello Zoning Ordinance
(d) The quantity, quality, utility, size, and type of a proposed project’s required
community facilities.
(e) The location and adequacy of a proposed project’s provision for drainage and
utilities.
(f) Security, fire protection, and life/safety issues.
(2) Applicability
(a) Unless exempted pursuant to Section 2.4(F)(3) below, Site Plan review shall
be required for all residential and nonresidential development (including
changes to required parking areas, proposed changes to outside commercial
sales or storage areas, etc) prior to the issuance of a Building Permit or other
approval.
(b) The Community Development Department is authorized to review and
approve, approve with conditions, or deny Site Plan reviews in accordance
with the procedures and standards of this section.
(3) Exemptions
The following may be exempted from Site Plan review:
(a) Detached residential uses (i.e. single family homes).
(b) Residential accessory buildings or other similar structures as determined by
the Community Development Department.
(c) The internal construction or change in floor area of a development that does
not increase gross floor area, increase the intensity of use, or affect parking
requirements on a site that meets all development and site design standards of
this ordinance.
(d) Temporary uses.
(e) Any building exempted by state statute.
(f) Additions to existing buildings, structures or uses, if, in the opinion of the
Community Development Department, such addition does not substantially
affect the proposed or current development of adjacent or nearby properties.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
City of Monticello Zoning Ordinance Page 37
(4) Initiation
An application for Site Plan review may be initiated by the property owner or
other person with authority to file an application pursuant to Section 2.3(B),
Authority to File Applications.
(5) Application
(a) All applications for Site Plan review shall be in accordance with Section 2.3,
Common Review Requirements.
(b) In addition to the common application requirements of Section 2.4(F)(5)(a)
above, applications for site plan review shall also include at least the
following to be considered complete (except as exempted by 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.
(i) Name of the project;
(ii) Name, address and telephone number of applicant, engineer, architect,
surveyor and owner of record;
(iii) Legal description;
(iv) Date proposed, north arrow, engineering scale, number sheets and name
drawer;
(v) Vicinity map showing relationship of the development to surrounding
streets, rights-of- way and the like;
(vi) Description of intended use of site, buildings, structures, including type of
occupancy and occupancy load;
(vii) Tabulation box, indicating the following:
1. Size of parcel in acres and square feet;
2. Gross floor area of each building;
3. Percent of site covered by impervious surface;
4. Projected number of employees;
5. Number of seats if intended use is a restaurant or place of assembly;
6. Number of parking spaces required;
7. Number of parking spaces provided, including handicapped;
8. Dimension of parking spaces and aisles;
9. Existing zoning and land use designations; and
10. Area of public open space (if applicable).
Section 2.3: Common
Review Requirements
Section 4.8: Off-
Street Parking
Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
Page 38 City of Monticello Zoning Ordinance
(viii) Property line dimensions, location of all existing and proposed structures
with distance from boundaries, distance between structures, building
dimensions and floor elevations within proposed site plan boundary
shown and to a distance of 150 feet beyond;
(ix) Topographic data within the property to be subdivided and 200 feet
beyond the property boundary, showing contours as follows:
1. All areas of the proposed area with a slope greater than 25% must be
clearly indicated:
2. Two-foot contours where slope is 7% or less;
3. Two-foot contours where slope is from 7% to 15%; and
4. Ten-foot intervals where slope is greater than 15%.
(x) Grading, drainage and erosion control plan prepared by a registered
professional engineer, providing all information outlined in Section 4-
10(C).
(xi) Utility plans prepared by a registered professional engineer consisting of
the following:
1. Location, size and grades of all existing sanitary sewer, water main,
hydrants and storm sewer on site or adjacent to for proposed
connection;
2. Location of all existing gas mains, electric and phone cables, light
poles, power boxes and the like;
3. Location, size, grades and materials for all proposed public sanitary
sewer, water main, hydrants and storm sewer;
4. Supplemental calculations for trunk sanitary sewer and water main, if
required by the Community Development Department;
5. Supplemental storm sewer computation sheet verifying capacities and
volumes for all pipe segments, if required by the Community
Development Department; and
6. Existing and proposed drainage and utility easements.
(xii) Street plans prepared by a registered professional engineer showing the
following:
1. All existing and proposed points of ingress/egress;
2. Widths at property lines;
3. Turning radii abutting right-of-way;
4. Center line, paving width, existing and proposed median and curb
cuts and intersection of streets and driveways; and
5. Access alignment and grades.
Section 4.10:
Grading Plan
Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
City of Monticello Zoning Ordinance Page 39
(xiii) Vehicular circulation system showing location and dimension for all
driveways, parking spaces, parking lot aisles, service roads, loading areas,
fire lanes, emergency access, if necessary, public and private streets,
alleys, sidewalks, bike paths, direction of traffic flow and traffic control
devices;
(xiv) Landscape plan prepared by a qualified professional providing all
information outlined in Section 4.1(D);
(xv) Location, access and screening detail of large trash handling and
recycling collection areas in compliance with the requirements of Section
5.3(D)(31);
(xvi) Building elevations (colored renderings) which detail the materials being
used;
(xvii) Location and screening detail of roof top equipment;
(xviii) Location and detail of signage providing all pertinent information
outlined in Section 2.4(K)(3)(b) as determined by the Community
Development Department;
(xix) Lighting location, style and mounting and light distribution plan;
(xx) Project narrative; and
(xxi) Any other information that may be reasonably required by the City to
evaluate the application including but not limited to 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:
(i) Whether the proposed development is consistent with all the requirements
of this ordinance and the City Code;
(ii) Whether the proposed development is in compliance with the applicable
zoning district and overlay districts;
(iii) Whether the proposed development is in compliance with other City
approved planning documents (e.g. Downtown Revitalization Plan); and
(iv) Whether the proposed development meets all the requirements or
conditions of any applicable development approvals.
Section 4.1(D):
Landscape Plan
Requirements
Section 4.1(I)(5):
Rooftop Screening
Section 2.4(K)(3)(b):
Sign Plan
Requirements
Section 4.4: Exterior
Lighting
City Code Title 11,
Chapter 1:
Subdivision Code
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
Page 40 City of Monticello Zoning Ordinance
(b) Site Plan Review Process
(i) Upon receiving a complete application for site plan review, the
Community Development Department shall review the plans to determine
their conformance to all ordinance requirements. The Community
Development Department may be assisted in conducting site plan reviews
by representatives from other City departments or divisions.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(F)(6)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A notice of site plan
approval shall be provided to the applicant that includes all conditions,
comments, and recommendations.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(F)(6)(a) shall be denied by the Community Development Department.
A notice of site plan denial shall be provided to the applicant that includes
all identified reasons for denial.
(7) Effect of Site Plan Approval
(a) The approval of a site plan by the Community Development Department does
not in any way guarantee future approval of other applications that may be
required by the regulations of the City (e.g. a Building Permit, Certificate of
Occupancy, subdivision approval, conditional use approval, etc).
(b) A Site Plan approved by the Community Development Department, including
any conditions, shall run with the land and shall not be affected by a change in
ownership.
(8) Subsequent Development
Development authorized by a Site Plan approval shall not be carried out until the
applicant has secured all other approvals required by this ordinance or any other
applicable regulations. Such permits and approvals shall only be granted once all
conditions of the site plan review and all relevant portions of this ordinance are
met.
(9) Time Limit
(a) Unless otherwise specified in the Site Plan approval, an application for a
Building Permit shall be applied for must receive 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.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (F) Site Plan Applications
City of Monticello Zoning Ordinance Page 41
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(10) Amendments of an Approved Site Plan
(a) Requested amendments that involve one of the following shall be reviewed as
a new site plan application:
(i) The density of the development is to be increased;
(ii) The gross square footage of nonresidential buildings is to be increased or
the number of stories is to be increased;
(iii) Approved landscaping elements are to be modified;
(iv) Required open space is to be modified;
(v) Drainage, streets, or other engineering design changes will materially
alter items approved in the Site Plan; and/or
(vi) Major changes are proposed that could potentially create an adverse
impact on stormwater quality, stormwater quantity management, or other
stormwater management ordinance requirements.
(b) Requested Site Plan amendments that do not fall into one of the categories
outlined in Section 2.4(F)(10) above may be approved by the Community
Development Department if it is determined that the requested change will
NOT:
(i) Substantially affect the terms of the original approval; and
(ii) Result in significant adverse impacts on the surrounding properties or the
City at-large.
(c) If, in the opinion of the Community Development Department, a proposed
change will substantially affect the terms of the original approval or would
result in significant adverse impacts on the surrounding properties or the City
at-large, then a re-submittal of a new site plan may be required pursuant to the
provisions of this chapter.
(11) 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 Section
2.4(H).
Section 2.4(H):
Administrative
Appeals
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (G) Administrative Adjustments
Page 42 City of Monticello Zoning Ordinance
(G) Administrative Adjustments
(1) Purpose and Intent
This purpose and intent of this section is to provide an administrative
mechanism for allowing permitted minor variations, or adjustments, to building
setback or landscape buffer standards of this ordinance based on specific
standards, with the intent of providing relief where application of a standard
creates practical difficulties in allowing development that otherwise advances
the purposes served by this ordinance and is compatible with surrounding
lands.
(2) Authority
The Community Development Department is authorized to review and
approve, approve with conditions, or deny administrative adjustments to
building setback or landscape buffer standards of this ordinance in accordance
with the procedures and standards of this section.
(3) Applicability
(a) Administrative adjustments for building setbacks shall only be considered on
properties exclusively zoned for residential use.
(b) Administrative adjustments for landscape buffers may be considered on all
properties.
(4) Maximum Adjustment
(a) No adjustment shall reduce a building setback by more than 15 percent up to a
maximum of five (5) feet.
(b) No adjustment shall reduce a required landscape buffer to less than five (5)
feet.
(5) Initiation
An application for an administrative adjustment may be initiated by the property
owner or other person with authority to file an application pursuant to Section
2.3(B), Authority to File Applications.
(6) Application
(a) All applications for an administrative adjustment shall be in accordance with
Section 2.3, Common Review Requirements.
Section 2.3:
Common Review
Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (G) Administrative Adjustments
City of Monticello Zoning Ordinance Page 43
(b) In addition to the common application requirements of Section 2.4(G)(6)(a)
above, applications for an administrative adjustment shall also include at least
the following to be considered complete (except as exempted by the
Community Development Department):
(i) A written narrative demonstrating that the criteria for an administrative
adjustment as set out in Section 2.4(G)(7)(a) have been met.
(ii) A survey of the property showing all information necessary to support the
request in light of the review criteria set out in Section 2.4(G)(7)(a).
(7) Review
(a) Administrative Adjustment Review Criteria
Decisions on an administrative adjustment shall be based on consideration of
the following criteria:
(i) The requested administrative adjustment shall not exceed the maximum
adjustment permitted by section 2.4(G)(4) of this ordinance;
(ii) The requested administrative adjustment is consistent with the character
of development in the surrounding area, and will not result in
incompatible uses;
(iii) Any adverse impacts from the requested administrative adjustment will be
mitigated to the maximum extent practicable;
(iv) The requested administrative adjustment is either:
1. Required to compensate for some unusual aspect of the site or the
proposed development that is not commonly shared by all landowners
in general; or
2. Supporting an objective or goal from the purpose and intent
statements of the zoning district where located; or
3. Proposed to save healthy existing trees.
(v) The requested administrative adjustment will not substantially interfere
with the convenient and enjoyable use of adjacent lands, and will not pose
a danger to the public health or safety.
(b) Administrative Adjustment Review Process
(i) Upon receiving a complete application for an administrative adjustment,
the Community Development Department shall review the plans to
determine their conformance to all ordinance requirements.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (G) Administrative Adjustments
Page 44 City of Monticello Zoning Ordinance
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(G)(6)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A notice of an
administrative adjustment approval shall be provided to the applicant
which includes all conditions, comments, and recommendations.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(G)(6)(a) shall be denied by the Community Development Department.
A notice of administrative adjustment denial shall be provided to the
applicant which includes all identified reasons for denial.
(8) Reasonable Conditions
In approving an Administrative Adjustment, the Community Development
Department may impose such reasonable conditions and requirements as deemed
necessary and appropriate to ensure continued compliance with ordinance
requirements.
(9) Effect of an Administrative Adjustment Approval
(a) The approval of an administrative adjustment by the Community
Development Department does not in any way guarantee future approval of
other applications that may be required by the regulations of the City (e.g. a
Building Permit, Certificate of Occupancy, subdivision approval, conditional
use approval, etc).
(b) An administrative adjustment approved by the Community Development
Department, including any conditions, shall run with the land and shall not be
affected by a change in ownership.
(10) Subsequent Development
Development authorized by an administrative adjustment approval shall not be
carried out until the applicant has secured all other approvals required by this
ordinance or any other applicable regulations. Such permits and approvals shall
only be granted once all conditions of the administrative adjustment and all
relevant portions of this ordinance are met.
(11) Time Limit
(a) Unless otherwise specified in the administrative adjustment approval, an
application for a Building Permit shall be applied for must receive approval
within six months of the date of the administrative adjustment approval,
otherwise the administrative adjustment shall become invalid. Permitted
timeframes do not change with successive owners.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (H) Appeal of Administrative Decisions
City of Monticello Zoning Ordinance Page 45
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(12) Amendment
An administrative adjustment may be amended, extended, or modified only in
accordance with the procedures and standards established for originally securing
the administrative adjustment.
(13) Appeal
The applicant for an administrative adjustment may appeal the decision of the
Community Development Department to the Board of Adjustment and Appeals
per Section 2.4(H).
(H) Appeal of Administrative Decisions
(1) Purpose and Scope
This subsection sets out the procedure to follow when a person claims to have
been aggrieved or affected by an administrative decision made under this
ordinance.
(2) Initiation of Proceedings
Appeals shall be initiated by the person aggrieved or affected by any order,
decision, determination, or interpretation made by the Community
Development Department or other administrative official of the City charged
with the administration or enforcement of this ordinance.
(3) Procedure
(a) Submission of Appeal (Application) [23-6(A)]
(i) An Appeal pursuant to this subsection shall be initiated by filing a
written appeal of the administrative decision or determination within
10 business days of the date of the order, decision, determination, or
interpretation with the Community Development Department or
other administrative official from whom the Appeal is taken.
(ii) All applications for an appeal shall be in accordance with Section 2.3,
Common Review Requirements.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (H) Appeal of Administrative Decisions
Page 46 City of Monticello Zoning Ordinance
(b) Review by the Board of Adjustment and Appeals
(i) Upon receiving the written Appeal of the administrative decision or
determination, the Community Development Department shall place the
matter on the next available agenda of the Board of Adjustment and
Appeals. [23-6(B)]
(ii) A report prepared by the Community Development Department which is
accompanied by all relevant papers, documents, and other materials
relating to the order, decision, determination, or interpretation shall be
provided to the Board of Adjustment and Appeals prior to the meeting.
These materials shall constitute the record of the appeal. [23-6(E)]
(iii) Following review of the appeal, the Board of Adjustment and Appeals
shall adopt findings of fact and make a decision on the appeal. [23-5]
(iv) Decisions of the Board of Adjustment and Appeals are final unless the
appellant files a second written appeal outlining the basis for the appeal
within five (5) business days of the decision. [23-6(G & H)]
(c) Review by the City Council [23-6(I)]
(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.
(ii) Materials constituting the record of appeal from the Board of Adjustment
and Appeals review shall be provided to the City Council for examination
prior to the meeting.
(iii) Following review of the appeal, the City Council shall review and decide
on the appeal in accordance with this chapter and state law.
(4) Review Criteria
An order, decision, determination, or interpretation shall not be reversed or
modified unless there is competent, material, and substantial evidence in the
record that the order, decision, determination, or interpretation fails to comply
with either the procedural, substantive requirements, or intent of this ordinance or
state law. [23-3]
(5) Conditions
The City Council may impose conditions upon their decision to ensure that the
requirements and purposes of this ordinance are followed.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (I) Building Permits
City of Monticello Zoning Ordinance Page 47
(I) Building Permits
(1) Purpose
This section establishes when obtaining a building permit is required, how it will
be reviewed, what surveys may be required to track construction, and how
unauthorized work will be handled.
(2) In General
(a) No person, firm, or corporation shall erect, alter, construct, enlarge, expand,
repair, move, improve, convert, demolish, equip, use, occupy, or maintain any
building, structure, or portion thereof, within the City of Monticello until
proper permits have been issued by the Community Development
Department.
(b) No building permit or other permit pertaining to the use of land or buildings
shall be issued unless such building is designed and arranged to conform to
the provisions of this ordinance.
(3) Exemptions
Building permits shall not be required for those structures and improvements
specifically exempted by the adopted building code as may be amended.
(4) Surveys Required
(a) Every application for building permit shall be accompanied by a certified site
survey (excluding interior remodels, re-roofs, re-siding and general
maintenance) at a scale and in quantities deemed necessary by the Community
Development Department. Because the survey will be used to determine an
application’s conformance with City Code, it shall be the responsibility of the
applicant to ensure information provided on the survey corresponds to
submitted building plans (including existing and proposed topography). An
issued building permit shall authorize only land alterations identified on the
survey. Surveys shall include all information as deemed necessary by the
Community Development Department to provide for the enforcement of this
ordinance. [3-2(C)(1)]
International
Residential Code
Section R105.2:
Work Exempt from
permit
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (J) Certificates of Occupancy
Page 48 City of Monticello Zoning Ordinance
(b) All new structures shall provide to the City an as-built foundation survey
upon completion of work to the foundation unless exempted by the
Community Development Department. The as-built foundation survey shall
certify both the final setbacks of the structure being built, and the elevations at
which the new structure exists. Failure to provide a foundation survey upon
foundation completion will result in the builder continuing with construction
at his/her own risk. Expenditures incurred beyond the construction of the
foundation will not be considered in determining the actions required to bring
the building back into conformance if not built to approved plans. The
foundation survey shall be on-site before the framing inspection is done and
approved by the building official.
(c) All new structures shall provide to the City an as-built grading survey upon
completion of work unless exempted by the Community Development
Department. The as-built grading survey shall certify the final topography of
the site and verify the drainage patterns existing upon completion of work.
The City reserves the right to withhold the Certificate of Occupancy for a
dwelling until final grading addresses all problems that may be detrimental to
adjacent properties.
(5) Review
The Community Development Department shall review all building permit
applications for conformance to ordinance requirements. [21-2(a)]
(6) Unauthorized Work
Work done without the authorization of a permit and/or found to be out of
conformance with approved plans shall be immediately halted and subject to the
remedies and penalties described in Section 7.6 of this ordinance. Structures
being built out of conformance shall be brought into conformance.
(J) Certificates of Occupancy
(1) Purpose
This section establishes the requirement for City approval prior to the use or
occupation of new buildings or structures, or prior to a change in use within an
existing structure. Issuance of a certificate of occupancy signifies that the
building or structure complies with all code requirements.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (K) Sign Permits
City of Monticello Zoning Ordinance Page 49
(2) Required
(a) No building or structure hereafter erected or moved, or that portion of an
existing structure or building erected or moved, shall be occupied or used in
whole or in part for any purpose whatsoever until a certificate of occupancy
shall have been issued by the Community Development Department stating
that the building or structure complies with all provisions of this ordinance.
[24-1 & 24-3]
(b) No change in use of an existing building or structure shall occur until a
certificate of occupancy shall have been issued by the Community
Development Department stating that the building or structure complies with
all provisions of this ordinance.
(3) Application
A certificate of occupancy shall be applied for coincident with an application for a
building permit or prior to a proposed change in use. [24-2]
(4) Issuance
A certificate of occupancy will be issued within ten (10) days after the
Community Development Department shall have completed a final inspection and
found the building or structure conforming to all code requirements. [24-2]
(K) Sign Permits
(1) Purpose and Scope
This subsection sets out the procedures to follow when requesting a sign permit.
(2) Initiation of Proceedings
A request for a Sign Permit shall be initiated by application of the property owner
or other person having authority to file an application pursuant to Section 2.3(B),
Authority to File Applications.
(3) Application
(a) All applications for a Sign Permit shall be in accordance with Section 2.3,
Common Review Requirements.
(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): [3A-4(C)]
All sign requirements
can be found in
Section 4.5: Signs
Section 2.3: Common
Review Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (K) Sign Permits
Page 50 City of Monticello Zoning Ordinance
(i) Names and addresses of the applicant, owners of the sign and lot. [3A-
4(C)(1)]
(ii) The address(es) at which the sign(s) are to be erected. [3A-4(C)(2)]
(iii) The lot, block and addition at which the signs are to be erected and the
street on which they are to front. [3A-4(C)(3)]
(iv) Type and size of sign (e.g., wall sign, pylon sign). [3A-4(C)(4)]
(v) A site plan (or survey if required by the Community Development
Department) which is to scale showing the location of lot lines, building
structures, parking areas, existing and proposed signs and any other
physical features. [3A-4(C)(5)]
(vi) Plans, location and specifications and method of construction and
attachment to the buildings or placement method on the ground. [3A-
4(C)(6)]
(vii) Copy of stress sheets and calculations showing that the structure is
designed for dead load and wind pressure in any direction in the amount
required by this and all other laws and ordinances of the City, if required.
[3A-4(C)(7)]
(viii) Written consent of the owner or lessee of any site on which the sign is to
be erected. [3A-4(C)(8)]
(ix) Any electrical permit required and issued for the sign. [3A-4(C)(9)]
(x) A detailed description of any electronic or electrical components that are
proposed to be added to the sign. [3A-4(C)(10)]
(xi) If the proposed sign is a sandwich board sign to be located in the CCD
District, the owner of the sign shall provide a certificate of general
liability insurance with minimum coverage of three hundred thousand
dollars ($300,000.00) naming the City as an additional insured for the
sign to be located upon the public right-of-way within the CCD, Central
Community District. [3A-5(G)(7)(a)]
(xii) Other information to demonstrate compliance with this and all other
ordinances of the City. [3A-4(C)(11)]
(4) Review
(a) Sign Review Criteria
Approval of a Sign Permit application shall be based on the following criteria:
(i) Whether the proposed sign is consistent with all the requirements of this
ordinance and any other City Code requirements;
(ii) Whether the proposed sign is in compliance with the applicable zoning
district and overlay district regulations; and
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (K) Sign Permits
City of Monticello Zoning Ordinance Page 51
(iii) Whether the proposed sign meets all the requirements or conditions of
any applicable development approvals or agreements.
(b) Sign Review Process
(i) The Community Development Department will review all sign permit
requests.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(K)(4)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A copy of the
approved permit shall be provided to the applicant which includes all
conditions and comments.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(K)(4)(a) shall be denied by the Community Development Department.
A notice of denial shall be provided to the applicant which includes all
identified reasons for denial.
(5) Reasonable Conditions
In approving a sign permit, the Community Development Department may
impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with a sign permit review criteria.
(6) Effect of a Sign Permit Approval
(a) The issuance of a Sign Permit shall authorize only the installation or
replacement of signage approved by the Community Development
Department.
(b) A Sign Permit, including any conditions, shall run with the land and shall not
be affected by a change in ownership.
(7) Time Limit
(a) Failure to install the approved signage within six months of the date of
approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(8) Amendments
All requested amendments to an existing sign permit shall be processed in the
same manner as a new application.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (L) Temporary Use Permits
Page 52 City of Monticello Zoning Ordinance
(9) Appeal
The applicant for a Sign Permit may appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per Section
2.4(H).
(L) Temporary Use Permits
(1) Purpose and Scope
This subsection sets out the procedures to follow when requesting a Temporary
Use permit.
(2) Initiation of Proceedings
A request for a Temporary Use Permit shall be initiated by application of the
property owner or other person having authority to file an application pursuant to
Section 2.3(B), Authority to File Applications.
(3) Application
(a) All applications for a Temporary Use Permit shall be in accordance with
Section 2.3, Common Review Requirements.
(b) In addition to general review requirements, applications for a Temporary Use
Permit shall also include at least the following to be considered complete
(except as exempted by the Community Development Department):
(i) A written narrative which includes:
1. A description of the proposed temporary use, how it will function on
the property, hours and dates of operation, and any other information
necessary to fully describe the request; and
2. An explanation of how the proposed temporary use will meet each of
the criteria set forth in Section 2.4(L)(4)(a), as well as any additional
criteria that may apply for the specific use as listed in Chapter 5.
(ii) A site plan of the property showing all information necessary to
accurately depict how the proposed use will function on the site.
Information required on the site plan shall include but not be limited to:
1. The location of all existing and proposed structures;
2. Driveways and parking areas;
3. Proposed storage spaces;
4. Natural features such as woodlands, wetlands, shorelines, etc;
5. Proposed number of parking spaces (if applicable).
Section 2.3: Common
Review Requirements
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (L) Temporary Use Permits
City of Monticello Zoning Ordinance Page 53
(iii) Any other information that may be reasonably required by the City to
evaluate the application.
(4) Review
(a) Temporary Use Permit Review Criteria
Approval of a Temporary Use Permit shall only be granted once the
Community Development Department has determined the use shall:
(i) Not be detrimental to property or improvements in the surrounding area
or to the public health, safety, or general welfare;
(ii) Be compatible with the principal uses taking place on the site;
(iii) Not have substantial adverse effects or noise impacts on nearby
residential neighborhoods;
(iv) Not include permanent alterations to the site;
(v) Not maintain temporary signs associated with the use or structure after the
activity ends;
(vi) Not violate the applicable conditions of approval that apply to a site or
use on the site;
(vii) Not interfere with the normal operations of any permanent use located on
the property; and
(viii) Contain sufficient land area to allow the temporary use, structure, or
special event to occur, as well as adequate land to accommodate the
parking and traffic movement associated with the temporary use, without
disturbing environmentally sensitive lands.
(b) Temporary Use Permit Review Process
(i) The Community Development Department will review all Temporary Use
Permit applications.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(L)(4)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A copy of the
approved permit shall be provided to the applicant which includes all
conditions and comments.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(L)(4)(a) shall be denied by the Community Development Department.
A notice of denial shall be provided to the applicant which includes all
identified reasons for denial.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (L) Temporary Use Permits
Page 54 City of Monticello Zoning Ordinance
(5) Reasonable Conditions
In approving a Temporary Use Permit, the Community Development Department
may impose such reasonable conditions and requirements as deemed necessary
and appropriate to ensure continued compliance with ordinance requirements.
(6) Effect of a Temporary Use Permit Approval
(a) The issuance of a Temporary Use Permit shall authorize only the specific
temporary use approved by the Community Development Department over
the specified timeframe.
(b) A minimum of ninety (90) days shall be required between the expiration of a
Temporary Use Permit and the issuance of another Temporary Use Permit on
the same site for an identical or similar use as determined by the Community
Development Department.
(7) Time Limit
No permit shall authorize a temporary use for more than the allowable duration
specified in Table 5-8 for the specific temporary use.
(8) Amendments and Withdrawals
(a) All requested amendments to a Temporary Use Permit shall be processed in
the same manner as a new application.
(b) Amendments may not alter the allowed timeframe for a temporary use if the
temporary use authorized under an existing permit has already begun.
(c) Approved temporary use permits may be withdrawn by the applicant prior to
the temporary use beginning to avoid the ninety (90) day between temporary
uses requirement in Section 2.4(L)(6)(b).
(d) Approved permits for temporary uses that have already begun cannot be
withdrawn.
(9) Appeals
The applicant for a Temporary Use Permit may appeal the decision of the
Community Development Department to the Board of Adjustment and Appeals
per Section 2.4(H).
Table 5-8:
Temporary Uses
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Administrative Home Occupation Permits
City of Monticello Zoning Ordinance Page 55
(M) Administrative Home Occupation Permits
(1) Purpose and Scope
This subsection sets out the procedures to follow when requesting an
Administrative Home Occupation Permit.
(2) Initiation of Proceedings
A request for an Administrative Home Occupation Permit shall be initiated by
application of the property owner or other person having authority to file an
application pursuant to Section 2.3(B), Authority to File Applications.
(3) Application
(a) All applications for an Administrative Home Occupation Permit shall be in
accordance with Section 2.3, Common Review Requirements.
(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):
(i) A narrative regarding the home occupation which addresses the following
issues:
1. How many employees will be working at the home occupation site;
2. What activities will be occurring in conjunction with the home based
occupation (i.e. office work, customer visits, sales, stock storage, etc);
3. Vehicle related issues (e.g. will there be a vehicle(s) used in
conjunction with the business? Will the business require any non-
standard deliveries to the site? Where will customers park? etc).
4. A calculation of the square footage within structures to be used by the
home occupation.
(ii) A site plan showing in general how the home occupation will operate on
the site. The site plan should show (as applicable):
1. All buildings to be used by the home occupation;
2. Proposed outdoor storage areas;
3. Proposed parking areas for vehicles and/or customers;
4. Proposed sign location(s) in conformance with sign regulations;
5. Any proposed alterations to buildings to accommodate the home
occupation;
Section 2.3: Common
Review Requirements
Sec 4.5, Signs
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Administrative Home Occupation Permits
Page 56 City of Monticello Zoning Ordinance
6. Any proposed features necessary to hide visible evidence of the home
occupation from either the public right-of-way or adjacent properties
(e.g. plantings, screening fences, etc).
(4) Review
(a) Administrative Home Occupation Review Criteria
Approval of an Administrative Home Occupation Permit shall be based on the
following criteria:
(i) The home occupation shall meet all of the general requirements for home
occupations in Section 5.3(D)(15)(d);
(ii) The home occupation shall meet all of the general requirements specific
to administrative home occupations in Section 5.3(D)(15)(f);
(b) Administrative Home Occupation Review Process
(i) The Community Development Department will review all Administrative
Home Occupation Permit applications.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(M)(4)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A copy of the
approved permit shall be provided to the applicant which includes all
conditions and comments.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(M)(4)(a) shall be denied by the Community Development
Department. A notice of denial shall be provided to the applicant which
includes all identified reasons for denial.
(5) Reasonable Conditions
In approving an Administrative Home Occupation Permit, the Community
Development Department may impose such reasonable conditions and
requirements as deemed necessary and appropriate to ensure continued
compliance with ordinance requirements.
(6) Effect of an Administrative Home Occupation Permit Approval
(a) The issuance of an Administrative Home Occupation Permit shall authorize
only the activities and uses approved by the Community Development
Department.
Section 5.3(D)(15):
Home Occupations
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (M) Administrative Home Occupation Permits
City of Monticello Zoning Ordinance Page 57
(b) An Administrative Home Occupation Permit, including any conditions, shall
run with the land and shall not be affected by a change in ownership. [3-
11(C)(5)]
(c) The initial Administrative Home Occupation Permit for a property may be
issued for a period of one (1) year. [3-11(C)(4)]
(d) Renewals of existing Administrative Home Occupation Permits may be issued
for periods of up to three (3) years at the discretion of the Community
Development Department upon consideration of the operation as observed by
staff and the level of complaints made about the home occupation. [3-
11(C)(4)]
(e) An applicant shall not have a vested right to a permit renewal by reason of
having obtained a previous permit. In applying for and accepting a permit,
the permit holder agrees that his monetary investment in the home occupation
will be fully amortized over the life of the permit and that a permit renewal
will not be needed to amortize the investment. Each application for the
renewal of a permit will be reviewed without taking into consideration that a
previous permit has been granted. The previous granting or renewal of a
permit shall not constitute a precedent or basis for the renewal of a permit. [3-
11(C)(8)]
(7) Time Limit [3-11(C)(6)]
(a) Failure to begin the approved home occupation within six months of the date
of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(8) Amendments
All requested amendments to an Administrative Home Occupation Permit
shall be processed in the same manner as a new application.
(9) Appeal
The applicant for an Administrative Home Occupation Permit may appeal
the decision of the Community Development Department to the Board of
Adjustment and Appeals per Section 2.4(H).
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (N) Grading, Drainage and Erosion Control Permit
Page 58 City of Monticello Zoning Ordinance
(N) Grading, Drainage and Erosion Control Permit
(1) Purpose
This section establishes when a grading, drainage and erosion control permit
(“Grading Permit”) is required, how it will be reviewed, information required with
the application, and how unauthorized work will be handled. Requiring a Grading
Permit enables the City to protect the public by ensuring that erosion does not
endanger water resources or unnecessarily require extra maintenance of sewers
and ditches and/or the dredging of lakes and ponds. A Grading Permit promotes
the public welfare by guiding, regulating, and controlling the design, construction,
use, and maintenance of any development or other activity that disturbs or breaks
the topsoil or results in the movement of earth on land in Monticello.
(2) In General
A Grading Permit shall be required for land-disturbing activity that would require
the uncovering or distributing of material in excess of any of the following
measurements: [33-3(A)]
(a) 5000 square feet. [33-3(A)(1)]
(b) 400 cubic yards undeveloped land, or 40 cubic yards developed land. [33-
3(A)(2)]
(c) Within 200 feet of a waterway or surface water(s). [33-3(A)(3)]
(3) Exceptions
(a) No Grading Permit is required for land disturbances under the amounts
specified in Section 2.4(N)(2), or for the following activities: [33-3(B)]
(i) Any emergency activity that is immediately necessary for the protection
of life, property or natural resources. [33-3(B)(1)]
(ii) General establishment of new construction lawns, or the addition of four
(4) or fewer inches of topsoil. [33-3(B)(2)]
(iii) Existing nursery and agricultural operations conducted as a permitted
main or accessory use. [33-3(B)(3)]
(b) In the case of grading specific to and in conjunction with a single Building
Permit, a separate Grading Permit is not required.
(i) The Building Permit shall be reviewed and serve as the Grading Permit.
[33-3(C)(5)]
All grading
requirements can be
found in Section
4.10: Grading,
Drainage, and &
Erosion Control
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (N) Grading, Drainage and Erosion Control Permit
City of Monticello Zoning Ordinance Page 59
(ii) The individual lot permittee shall be required to provide a letter of credit
or other security deemed acceptable by the City with the building permit
application. [33-3(D)(2)]
1. The security shall cover City costs for street sweeping, installation,
maintenance and repairs to erosion control measures. The bond will
be in an amount as specified by the current City ordinance for fee
schedule. Said security shall be provided prior to the release of the
Grading Permit. [33-3(D)(2)(a)]
2. The security shall be released after turf is established as specified in
the City Design Guidelines and Plan Requirements Manual, and the
turf establishment is inspected by the City of Monticello and deemed
to be approved. [33-3(D)(2)(b)]
(4) Application
(a) All applications for a Grading Permit shall be in accordance with Section 2.3,
Common Review Requirements.
(b) In addition to general review requirements, applications for a Grading Permit
shall also include at least the following to be considered complete (except as
exempted by the Community Development Department):
(i) Each application shall bear the name(s) and address(es) of the owner or
developer of the site, and of any consulting firm retained by the applicant
together with the name of the applicant's principal contact at such firm.
[33-3(C)(1)]
(ii) A Grading, Drainage and Erosion Control Plan meeting the requirements
of Section 4.10(C). Each application shall include the required number of
plans and other required materials as specified by the Community
Development Department. [33-3(C)(3)]
(iii) The application form shall include a statement by the applicant that any
land clearing, construction, or development involving the movement of
earth shall be in accordance with the approved Grading, Drainage and
Erosion Control Plan. [33-3(C)(4)]
(iv) The permittee will be required to file with the City of Monticello an
irrevocable, automatically renewing letter of credit, or other improvement
security in the amount specified by the current City ordinance for fee
schedule. This security shall be in addition to the required non-
refundable filing fee as specified by City Ordinance, which shall be
submitted under separate payment. [33-3(D)(1)]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (N) Grading, Drainage and Erosion Control Permit
Page 60 City of Monticello Zoning Ordinance
1. The security shall cover all costs of engineering and inspection, site
improvements, street sweeping, repairs to erosion control measures,
and maintenance of improvements for such period as specified by the
City of Monticello. Said security shall be provided prior to the release
of the Grading Permit. [33-3(D)(1)(a)]
2. Security shall be released after final stabilization is complete, erosion
control measures have been removed and their removal area inspected
by the City of Monticello and deemed to be approved. [33-3(D)(1)(b)]
(c) The City of Monticello requires complete application no less than fifteen (15)
working days in advance of the desired Grading Permit release date. [33-3(E)]
(5) Review
(a) Grading Permit Review Criteria
Approval of a Grading Permit shall be based on the following criteria:
(i) Whether the proposed Grading Permit is consistent with all the
requirements of Section 4.10 and any other City Code requirements;
(ii) Whether the proposed Grading Permit is in compliance with all
engineering standards adopted by the City;
(iii) Whether the proposed Grading Permit is in compliance with any previous
approvals for the facility (e.g. grading for additional parking previously
approved by a conditional use permit).
(b) Grading Permit Review Process
(i) The Community Development Department shall review all Grading
Permit applications.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(N)(5)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A copy of the
approved permit shall be provided to the applicant which includes all
conditions and comments. [33-3(E)(1)] & [33-3(E)(2)]
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(N)(5)(a) shall be denied by the Community Development Department.
A notice of denial shall be provided to the applicant which includes all
identified reasons for denial. [33-3(E)(3)]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (N) Grading, Drainage and Erosion Control Permit
City of Monticello Zoning Ordinance Page 61
(6) Reasonable Conditions
In approving a Grading Permit, the Community Development Department may
impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with the Grading Permit review
criteria and other city ordinances.
(7) Effect of Grading Permit Approval
The issuance of a Grading Permit shall authorize only the changes approved by
the Community Development Department as depicted by the application
materials.
(8) Time Limit
(a) Failure to complete the authorized grading within six months of the date of
approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(9) Amendments
All requested amendments to an existing Grading Permit shall be processed in the
same manner as a new application.
(10) Unauthorized Work
Work done without the authorization of a permit and/or found to be out of
conformance with approved plans shall be immediately halted and subject to the
remedies and penalties described in Section 7.6 of this ordinance. Driveways or
parking lots being built out of conformance shall be brought into conformance.
(11) Appeal
The applicant for a Grading Permit my appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per Section
2.4(H). [33-3(E)(4)]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (O) Driveway Permits
Page 62 City of Monticello Zoning Ordinance
(O) Driveway Permits
(1) Purpose
This section establishes when a driveway permit is required, how it will be
reviewed, information required with the application, and how unauthorized work
will be handled. Requiring a driveway permit enables the City to inspect work
done within the right-of-way, protect the public by setting and enforcing
construction standards and ensure proper pavement construction.
(2) Initiation of Proceedings
A request for a driveway permit shall be initiated by application of the property
owner or other person having authority to file an application pursuant to Section
2.3(B), Authority to File Applications.
(3) In General
(a) A driveway permit shall be required for the installation, repair, expansion,
reconfiguration or resurfacing of any driveway or parking lot intended for use
by more than three vehicles.
(b) A driveway permit shall only be issued after the Community Development
Department determines the proposed plan sets adhere to the City’s adopted
engineering standards.
(4) Application
(a) All applications for a driveway permit shall be in accordance with Section
2.3, Common Review Requirements.
(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):
(i) A written narrative providing the following information:
1. The legal description, address, and owners name of the premises
involved;
2. The date on which the proposed improvement is proposed to be
commenced;
3. The name, address, and contact information for the contractor being
hired to complete the proposed improvements.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (O) Driveway Permits
City of Monticello Zoning Ordinance Page 63
(ii) 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:
1. Lot dimensions;
2. Lot area in square feet;
3. Location of all existing buildings, landscaping, screening and natural
features as directed by the Community Development Department
(including but not limited to woodlands, wetlands, shorelines, and
individual trees which may be impacted by the proposed driveway or
parking lot construction);
4. Location of the existing driveway (if applicable), the proposed
driveway and the square footage of each;
5. Location of existing public sidewalks and trails;
6. Calculation of the existing and proposed impervious surface coverage
on the lot;
7. Identify existing and proposed curb types specifically calling out
proposed changes to existing facilities.
(iii) For new construction and expansions, an erosion control plan shall be
submitted.
(5) Review
(a) Driveway Permit Review Criteria
Approval of a driveway permit shall be based on the following criteria:
(i) Whether the proposed driveway permit is consistent with all the
requirements of this ordinance and any other City Code requirements;
(ii) Whether the proposed driveway permit is in compliance with all
engineering standards adopted by the City;
(iii) Whether the proposed driveway permit is in compliance with any
previous approvals for the facility (e.g. adding parking as previously
approved by a conditional use permit).
(b) Driveway Permit Review Process
(i) The Community Development Department shall review all driveway
permit applications.
(ii) Applications determined to conform with the approval criteria outlined in
Section 2.4(O)(4)(a) shall be approved by the Community Development
Department with any conditions deemed necessary. A copy of the
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (O) Driveway Permits
Page 64 City of Monticello Zoning Ordinance
approved permit shall be provided to the applicant which includes all
conditions and comments.
(iii) Applications not conforming with the approval criteria outlined in Section
2.4(O)(4)(a) shall be denied by the Community Development Department.
A notice of denial shall be provided to the applicant which includes all
identified reasons for denial.
(6) Reasonable Conditions
In approving a driveway permit, the Community Development Department may
impose such reasonable conditions and requirements as it deems necessary and
appropriate to ensure continued compliance with the driveway permit review
criteria.
(7) Effect of Driveway Permit Approval
The issuance of a Driveway Permit shall authorize only the changes approved by
the Community Development Department as depicted by the application
materials.
(8) Time Limit
(a) Failure to complete driveway or parking lot improvements within six months
of the date of approval will invalidate the permit.
(b) Upon written request, one extension of six months may be granted by the
Community Development Department if the applicant can show good cause.
(9) Amendments
All requested amendments to an existing driveway permit shall be processed in
the same manner as a new application.
(10) Unauthorized Work
Work done without the authorization of a permit and/or found to be out of
conformance with approved plans shall be immediately halted and subject to the
remedies and penalties described in Section 7.6 of this ordinance. Driveways or
parking lots being built out of conformance shall be brought into conformance.
(11) Appeal
The applicant for a Grading Permit my appeal the decision of the Community
Development Department to the Board of Adjustment and Appeals per Section
2.4(H). [33-3(E)(4)]
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 65
(P) Planned Unit Developments
(1) Purpose and Intent
The purpose of the Planned Unit Development (PUD) zoning district is to provide
greater flexibility in the development of neighborhoods and non-residential areas
in order to maximize public values and achieve more creative development
outcomes while remaining economically viable and marketable. This is achieved
by undertaking a collaborative process that results in a development outcome
exceeding that which is typically achievable through the conventional zoning
district. If a development proposal does not demonstrate significant public value
benefits above and beyond those achievable under a conventional zoning district,
the City reserves the right to deny the PUD rezoning and direct the developer to
re-apply under the standard applicable zoning district.
(2) Initiation of Proceedings
Applications for a PUD shall be initiated by application of the property owner or
other person having authority to file an application pursuant to Section 2.3(B),
Authority to File Applications.
(3) Reflection on the Official Zoning Map
(a) PUD provisions provide an optional method of regulating land use which
permits flexibility in allowed uses and other regulating provisions. In some
circumstances, however, rules and regulations governing the underlying
zoning district may apply within the PUD. As such, approval of a Planned
Unit Development and execution of a PUD agreement shall require the
property in question be rezoned to PUD, but the denotation on the official
zoning map shall also illustrate the underlying zoning district. Once a PUD
has been granted and is in effect for a parcel, no building permit shall be
issued for that parcel which is not in conformance with the approved PUD
Plan, the current Minnesota State Building Code and all associated
documents, and with all other applicable City Code provisions.
(b) All PUD rezonings approved prior to the effective date of this ordinance shall
retain their zoning classifications of R-PUD, and shall continue to be
governed by the ordinance and resolutions which created these areas.
(4) Permitted Locations for PUD rezoning
(a) A rezoning to PUD may be requested for any residential or commercially
zoned area.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 66 City of Monticello Zoning Ordinance
(b) PUDs are prohibited in the industrial districts.
(5) Minimum PUD size
Rezonings to PUD will not be considered for areas less than 8 acres of land in
single ownership or control, except in the following circumstances:
(a) Natural features of the land are such that development under standard zoning
regulations would not be appropriate in order to conserve such features;
(b) The land is intended to be developed in accordance with a prior PUD adjacent
to or across the street from the subject property; or
(c) The PUD process is desirable to ensure compatibility and careful
consideration of the effect of a development on surrounding land uses.
(d) The proposal is in the CCD in which case there shall be no minimum land
area requirement.
(6) Permitted Uses Within PUDs
Uses within a PUD shall be governed by the ordinance establishing the PUD and
by the conditions, if any, imposed by the City in the approval process and PUD
documents. If a specific use is not established or addressed by a PUD ordinance,
said use shall be governed by the underlying zoning district regulations.
(7) Expectations of a Development Seeking a Rezoning to PUD
The provisions of this section are intended to achieve the following public values
within a PUD zoning district and associated subdivision:
(a) Ensure high quality construction standards and the use of high quality
construction materials;
(b) Promote a variety of housing styles which include features such as side or rear
loaded garages, front porches, varying roof pitches, and four sided
architecture/articulation;
(c) Eliminate repetition of similar housing types by encouraging a housing
mixture which separates the same/similar model of homes by a minimum of
two lots;
(d) Promote aesthetically-pleasing design which fosters a sense of place within
the neighborhood and appears attractive and inviting from surrounding
parcels;
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 67
(e) Incorporate extensive landscaping in excess of what is required by code;
(f) Provide high-quality park, open space, and trail opportunities that meet or
exceed the expectations established in the Comprehensive Plan;
(g) Provide a convenient and efficient multi-modal transportation system to
service the daily needs of residents at peak and non-peak use levels, with high
connectivity to the larger community.
(h) Minimize the extent of the development footprint and impervious surfaces to
the extent possible to reduce initial infrastructure costs and long-term
maintenance and operational costs;
(i) Maximize the use of ecologically-based approaches to stormwater
management, restore or enhance on-site ecological systems, and protect off-
site ecological systems including the application of Low Impact Development
(LID) practices;
(j) Foster in inclusive community by providing a complementary mix of lifecycle
housing;
(k) Preserve and protect important ecological areas identified on the City’s
natural resource inventory (NRI);
(8) Areas of Flexibility
(a) The City shall consider an increase in the number of overall units and
associated reductions in lot width and size if the PUD provides substantially
more site amenities and public values, as outlined in Section 2.4(P)(7), than
could be achieved in a conventional residential development for the
applicable zoning district.
(b) The City shall consider a decrease in the amount of road width required or
right-of-way requirements if the PUD provides substantially more site
amenities, as outlined in Section 2.4(P)(7), than are found in a conventional
residential development for the applicable zoning district. Specifications and
standards for streets, utilities, and other public facilities shall be at the
discretion of City Council and must protect the health, safety, comfort,
aesthetics, economic viability, and general welfare of the city.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 68 City of Monticello Zoning Ordinance
(c) The City shall consider flexibility with regard to lot size, width, and depth
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 environment which assists in achieving the goals set out for PUDs.
(d) The City shall consider flexibility in the phasing of a PUD development.
Changes to the proposed staging or timing of a PUD may be approved by the
City Council when necessary or on the showing of good cause by the
developer.
(9) PUD Procedure
All requests for rezoning to Planned Unit Development shall follow the steps
outlined below.
(a) Collaborative process and project goal setting
The collaborative process and project goal setting step is intended to allow the
applicant to meet with members of the Community Development Department
and appointed and elected officials to gain an understanding of the public
values related to development of the subject site. The feedback received
during this step will provide guidance to the applicant on things to incorporate
into a future concept plan.
(i) Initiation of Proceedings
A request for a PUD Concept Plan Review shall be initiated by
application of the property owner or other person having authority to file
an application pursuant to Section 2.3(B), Authority to File Applications.
(ii) Application
1. All applications for a PUD Collaborative process and project goal
setting session shall be in accordance with Section 2.3, Common
Review Requirements.
2. In addition to common review requirements, a site analysis shall be
submitted in anticipation of the pre-application activities which
includes the following information:
a. Location of wooded areas or significant features (environmental,
historical, cultural) of the parcel;
b. Indicate the base flood elevation level (if applicable) and show
the general location of floodways and/or flood fringe areas;
c. Delineation of the ordinary high water levels of all water bodies;
d. Delineation of the shoreland district boundary (if applicable);
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 69
e. General locations of wetlands (if applicable);
f. Calculation of gross acres on the site proposed for development;
g. Indication of neighboring land uses surrounding the proposed
development site.
(iii) Collaborative Process and Project Goal Setting Process
1. The applicant shall meet with the city staff for a pre-application
conference prior to submittal of a concept plan to the city. The
primary purpose of the conference is to allow the applicant and staff
an opportunity to review the comprehensive plan and to make a
preliminary determination if the proposal is conducive to a PUD
rezoning.
2. City staff and the applicant shall work together to schedule a
concurrent worksession with policymakers of the city (applicable
commissions and City Council) to discuss the public values on the
site using the established public values in Section 2.4(P)(7) as a
guideline. The result of this meeting will be a public values
statement.
3. At an appropriate point during the process, the applicant shall hold a
neighborhood meeting. The city and all owners of property within
1,000 feet of the proposed PUD (or a larger area as determined by the
Community Development Department) shall be given notice of the
meeting. The purpose of the meeting is to inform the neighborhood
of the proposed PUD, discuss the concepts and basis for the plan
being developed and to obtain information and suggestions from the
neighborhood.
4. The applicant shall be responsible for the costs incurred by the city
for attorney, engineering, or other consultant fees during these pre-
concept plan activities.
(b) PUD Concept Plan
Prior to submitting formal preliminary plat and rezoning applications for the
proposed development, the applicant shall prepare an informal concept plan
and present it to the appropriate commissions and City Council at a
concurrent worksession, as scheduled by the Community Development
Department. The purpose of this meeting is to determine if all parties are on a
common track and if the development reflects the stated public values;
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 70 City of Monticello Zoning Ordinance
(i) Initiation of Proceedings
A request for a PUD Concept Plan Review shall be initiated by
application of the property owner or other person having authority to file
an application pursuant to Section 2.3(B), Authority to File Applications.
(ii) Application
1. All applications for a PUD Concept Plan Review shall be in
accordance with Section 2.3, Common Review Requirements.
2. In addition to common review requirements, applications for a PUD
Concept Plan Review shall also include at least the information in
Section 2.4(P)(9)(b)(iii) below to be considered complete (except as
exempted by the Community Development Department).
(iii) Specific PUD Concept Plan Submittal Requirements
An applicant shall provide the following information unless waived by
staff:
1. A listing of contact information including name(s), address(es) and
phone number(s) of: the owner of record, authorized agents or
representatives, engineer, surveyor, and any other relevant associates;
2. A listing of the following site data: Address, current zoning, parcel
size in acres and square feet and current legal description(s);
3. An updated site analysis incorporating any additional features or
requested changes identified during the collaborative process and
project goal setting session;
4. A narrative explaining how the identified public values for the site are
addressed by the concept plan;
5. A listing of general information including the number of proposed
lots and a calculation of gross land area;
6. Calculation of the proposed density of the project and the potential
density under standard zoning regulations.
7. Outline a development schedule indicating the approximate date
when construction of the project, or stages of the same, can be
expected to begin and be completed (including the proposed phasing
of construction of public improvements and recreational and common
space areas).
8. A Concept PUD Plan illustrating the nature and type of proposed
development. At a minimum, the plan should show:
a. Area calculations for gross land area
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 71
b. Existing zoning district(s)
c. Layout of proposed lots and proposed uses. Denote outlots
planned for public dedication and/or open space (schools, parks,
etc.)
d. Area calculations for each parcel
e. General location of wetlands and/or watercourses over the
property and within 200 feet of the perimeter of the subdivision
parcel
f. Location of existing and proposed streets within and immediately
adjacent to the subdivision parcel
g. Proposed sidewalks and trails
h. Proposed parking areas
i. Proposed parks, common areas, and preservation easements
(indicate public vs. private if applicable)
j. General location of wooded areas or significant features
(environmental, historical, cultural) of the parcel
k. Location of utility systems that will serve the property
l. Other: An applicant may submit any additional information that
may explain the proposed PUD.
(iv) PUD Concept Plan Review
1. Upon receiving a complete PUD concept plan application, the
Community Development Department shall review the proposal and
generate a staff report analyzing the proposal against the expectations
for PUDs. The report shall be forwarded to the appropriate
commissions—as determined by the Community Development
Department—and the City Council for review.
2. Commissions receiving the report shall review the PUD rezoning
request, and make a recommendation to the City Council with regard
to the plat layout, design, density, uses, deviations, and achieved
public values of the concept plan;
3. The Council shall consider the recommendations of the commissions
that have conducted a review, and provide feedback to the applicant
on the proposed public values, proposed deviations, and any other
aspect of the application. The Council shall either make a motion that
the applicant—if they choose to proceed—move forward with the
PUD preliminary plat and rezoning requests, or direct the applicant to
submit a development application using conventional zoning district
standards
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 72 City of Monticello Zoning Ordinance
4. After the City policymakers have reviewed and commented on the
Concept PUD plan, city staff shall meet with other agencies, as
applicable, to explore opportunities of partnership to enhance the
stated public values.
(c) PUD Preliminary Plat and Rezoning
(i) Initiation of Proceedings
1. Concurrent applications for rezoning to PUD and a Preliminary Plat
shall be submitted to the City within one year of the City Council’s
recommendation on the PUD Concept Plan. Failure to submit
applications for rezoning to PUD and a Preliminary Plat within the
one year timeframe will require the applicant to begin the process
anew from that point forward.
2. The requests for 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 Section 2.3(B), Authority
to File Applications.
(ii) Application
1. All applications for rezoning to PUD and Preliminary Plat shall be in
accordance with Section 2.3, Common Review Requirements.
2. The application for rezoning to PUD shall be in accordance with
Section 2.4(B), Zoning Ordinance Text and Zoning Map
Amendments.
3. The application for Preliminary Plat shall be in accordance with City
Code Title 11, Chapter 4, Data Required for Preliminary and Final
Plats; and shall include the additional information requirements listed
in Section 2.4(P)(9)(c)(iii) below to be considered complete (except
as exempted by the Community Development Department).
4. If the PUD is proposed to develop over a timeframe exceeding two
years, a PUD Master Plan for the entire project (to be completed in
phases) may be submitted. Subsequent PUD Final Plan applications
would only grant approval for an individual phase.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 73
(iii) Specific PUD Preliminary Plat Submittal Requirements
An applicant shall provide a separate PUD Development 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:
1. Administrative information (including identification of the drawing as
a “Preliminary PUD Development Plan,” the proposed name of the
subdivision, contact information for the developer and individual
preparing the plan, signature of the surveyor certifying the document,
date of plan preparation or revision, and a graphic scale and true north
arrow);
2. Area calculations for gross land area, wetland areas, wetland buffers,
right-of-way dedications, conservation areas, and proposed public and
private parks;
3. Existing zoning district(s);
4. Layout of proposed lots with future lot and block numbers. The
perimeter boundary line of the subdivision should be distinguishable
from the other property lines. Denote outlots planned for public
dedication and/or open space (schools, parks, etc.);
5. Area calculations for each parcel;
6. Proposed setbacks on each lot (forming the building pad) and
calculated buildable area;
7. Proposed gross hardcover allowance per lot (if applicable);
8. Existing contours at intervals of two feet. Contours must extend a
minimum of 200 feet beyond the boundary of the parcel(s) in
question;
9. Delineation of wetlands and/or watercourses over the property and
within 200 feet of the perimeter of the subdivision parcel;
10. Delineation of the ordinary high water levels of all water bodies;
11. Location, width, and names of existing and proposed streets within
and immediately adjacent to the subdivision parcel;
12. Easements and rights-of-way within or adjacent to the subdivision
parcel(s);
13. The location and orientation of proposed buildings;
14. Proposed sidewalks and trails;
15. Proposed parking areas;
16. Proposed parks, common areas, and preservation easements (indicate
public vs. private if applicable);
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 74 City of Monticello Zoning Ordinance
17. Any other information as directed by the Community Development
Department.
(iv) PUD Preliminary Plat and Rezoning to PUD Review
1. The application for rezoning to PUD shall be reviewed in accordance
with Section 2.4(B), Zoning Ordinance Text and Zoning Map
Amendments.
2. The application for Preliminary Plat shall be reviewed in accordance
with City Code Title 11, Chapter 3, Section 2, Preliminary Plat
Procedure.
3. As part of the review process for both applications, the Community
Development Department shall generate an analysis of the proposal
against the expectations for PUDs and the previously established
public values statement to formulate a recommendation regarding the
rezoning to the planning commission and City Council.
4. The planning commission shall hold a public hearing and consider the
application’s consistency with the intent and purpose of the PUD and
comprehensive plan goals. The planning commission shall make
recommendations to the City Council on the merit, needed changes,
and suggested conditions of the proposed rezoning, preliminary plat
and PUD development plan.
5. In approving or denying the ordinance to rezone the subject property
to PUD, the City Council shall make findings on the following:
a. The PUD plan is consistent with the city’s comprehensive plan;
b. The PUD plan is tailored to the specific characteristics of the site
and achieves a higher quality of site planning and greater public
benefits than would be achieved under conventional provisions of
the ordinance;
c. The PUD plan addresses the purpose and intent of the PUD
rezoning laid out in Section 2.4(P)(1), and the public values
statement established at the beginning of the process
d. The PUD plan addresses the expectations of a PUD laid out in
Section 2.4(P)(7);
e. The PUD plan maintains or improves the efficiency of public
streets, utilities, and other public services;
f. The PUD plan results in development compatible with existing
adjacent and future guided land uses;
g. How the PUD plan addresses the purpose and intent of the PUD
rezoning laid out in Section 2.4(P)(1), and the public values
statement established at the beginning of the process.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 75
(d) PUD Final Plat
(i) Initiation of Proceedings
1. A final plat that conforms with the preliminary plat and associated
PUD rezoning ordinance shall be submitted within 180 days of
approval of the ordinance and preliminary plat approval, unless
otherwise extended by the City Council. If the applicant fails to
submit a final plat application or extension request within this time
period, the zoning shall revert back to the underlying zoning district
through a rezoning ordinance adopted by the City Council.
2. The request for PUD Final Plat shall be initiated by application of the
property owner or other person having authority to file an application
pursuant to Section 2.3(B), Authority to File Applications.
(ii) Application
1. All applications for PUD Final Plat shall be in accordance with
Section 2.3, Common Review Requirements.
2. The application for PUD Final Plat shall be in accordance with City
Code Title 11, Chapter 4, Data Required for Preliminary and Final
Plats.
3. In addition to general city code requirements, applications for a PUD
Final Plat shall also include at least the information in Section
2.4(P)(9)(d)(iii) below to be considered complete (except as exempted
by the Community Development Department).
(iii) Specific PUD Final Plat Submittal Requirements
1. If a PUD Master Plan for the entire project was submitted and
approved as part of the preliminary plat review, an updated Master
Plan shall be submitted incorporating all changes required by the
preliminary plat approval.
2. The PUD Development Plan shall be updated to incorporate all
changes required by the preliminary plat and rezoning approvals.
This document must clearly show all deviations from standard zoning
being approved as part of the PUD.
3. The City and applicant shall prepare a developer’s agreement which
references all PUD plans, specifies permitted uses, allowable
densities, development phasing, required improvements, completion
dates for improvements, the required letter of credit, all required
development fees, escrows, and warranties, and any other information
deemed necessary by the City.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 76 City of Monticello Zoning Ordinance
4. Up-to-date title evidence for the subject property in a form acceptable
to the City shall be provided as part of the application for the PUD
Final Plat.
5. Developer shall provide warranty deeds for Property being dedicated
to the City for all parks, outlots, etc., free from all liens and
encumbrances except as otherwise waived by the City.
6. 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.
(iv) PUD Final Plat Review
The application for PUD Final Plat shall be reviewed in accordance with
City Code Title 11, Chapter 3, Section 3, Final Plat Procedure.
(10) PUD Amendments
Approved PUD’s 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:
(a) Administrative Amendment – The Community Development Department may
approve minor changes in the location, placement, and height of buildings if
such changes are required by engineering or other circumstances not foreseen
at the time the PUD Final Plan was approved, provided the changes are
indeed minor and conform to the review criteria applied by the Planning
Commission and City Council. Under no circumstances shall an
administrative amendment allow additional stories to buildings, additional
lots, or changes to designated uses established as part of the PUD.
(b) PUD Adjustment – an adjustment to a PUD may be made through review and
approval by a simple majority vote of the City Council with or without
referral to the Planning Commission. To qualify for this review, the minor
adjustment shall not:
(i) Eliminate, diminish or be disruptive to the preservation and protection of
sensitive site features.
(ii) Eliminate, diminish or compromise the high quality of site planning,
design, landscaping or building materials.
(iii) Alter significantly the location of buildings, parking areas or roads.
(iv) Increase or decrease the number of residential dwelling units by more
than five percent.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
City of Monticello Zoning Ordinance Page 77
(v) Increase the gross floor area of non-residential buildings by more than
three percent or increase the gross floor area of any individual building by
more than five percent (residential lots not guided for specific structure
sizes are excluded from this requirement).
(vi) Increase the number of stories of any building.
(vii) Decrease the amount of open space or alter it in such a way as to change
its original design or intended function or use.
(viii) Create non-compliance with any special condition attached to the
approval of the Final PUD Plan.
(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 PUD beginning at PUD Preliminary Plat.
(11) PUD Cancellation
A PUD shall only be cancelled and revoked upon the City Council adopting an
ordinance rescinding the ordinance approving the PUD. In any event, it shall not
be necessary for the council to find the creation of a PUD district was in error.
(12) Administration
In general, the following rules shall apply to all PUDs:
(a) Rules and regulations: No requirement outlined in the PUD process shall
restrict the City Council from taking action on an application if necessary to
meet state mandated time deadlines;
(b) Plan Certification: The City may require that PUD plans be certified at the
time of submittal and/or upon completion of construction.
(c) Preconstruction: No building permit shall be granted for any building on land
for which a PUD plan is in the process of review, unless the proposed
building is allowed under the existing zoning and will not impact, influence,
or interfere with the proposed PUD plan.
CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES
Section 2.4 Specific Review Procedures & Requirements
Subsection (P) Planned Unit Developments
Page 78 City of Monticello Zoning Ordinance
(d) Effect on Conveyed Property. In the event any real property in the approved
PUD Agreement is conveyed in total, or in part, the buyers thereof shall be
bound by the provisions of the approved Final PUD Plan constituting a part
thereof; provided, however, that nothing herein shall be construed to create
non-conforming lots, building sites, buildings or uses by virtue of any such
conveyance of a lot, building site, building or part of the development created
pursuant to and in conformance with the approved PUD.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (A) Section Organization
City of Monticello Zoning Ordinance Page 143
CHAPTER 4: FINISHING STANDARDS
4.1 Landscaping and Screening
(A) Section Organization
The Monticello landscaping and screening standards are organized into eight main sub-
sections:
(1) Section 4.1(B), Purpose and Intent
Sets out the purpose and intent for the standards;
(2) Section 4.1(C), General Requirements for Landscaping
Includes the applicability provisions, requirements for landscaping plans, and
standards for new plantings;
(3) Section 4.1(D), Landscaping Plan Requirements
Outlines the specific information that must be supplied to the City anytime a
landscape plan is required by this ordinance;
(4) Section 4.1(E), Alternative Landscaping Plan
Includes the procedures and standards for review of alternative landscaping plans;
and
(5) Section 4.1(F), Standards for Vehicular Use Area Landscaping
Includes the standards for landscaping around the perimeter and within vehicular
use areas;
(6) Section 4.1(G), Standards for Perimeter Buffers
Includes the landscaping buffer standards applied to the edges of some base
zoning districts;
(7) Section 4.1(H), Standards for Required Screening
Includes the screening requirements for site features like refuse, loading, and
service areas;
(8) Section 4.1(I), Standards for Site Landscaping
Introduces standards for foundation plantings around some buildings;
(9) Section 4.1(J), Zoning District Specific Landscaping Standards
Outlines landscaping standards only applicable to specific zoning districts.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (B) Purpose and Intent
Page 144 City of Monticello Zoning Ordinance
(10) Section 4.1(K), Landscaping Installation and Maintenance Standards
Includes the other standards for landscaping installation, timing, maintenance,
monitoring for compliance, and incentives.
(B) Purpose and Intent
It is the purpose of this section to promote and protect the public health, safety and
general welfare by providing for the planting and maintenance of trees, shrubs, and
other plants within the City. The intent of this section is to promote this purpose by:
[completely rewritten 3-2(G)(1)]
(1) Ensuring and encouraging the planting, maintenance, restoration and survival of
trees, shrubs, and groundcover;
(2) Ensuring the protection of community residents and visitors from personal injury
and property damage, and the protection of the City from property damage,
caused or threatened by the improper planting, maintenance or removal of trees,
shrubs, or other plants;
(3) Mitigating against erosion and sedimentation;
(4) Reducing stormwater runoff and the costs associated therewith;
(5) Preserving and protecting the water table and surface waters;
(6) Reducing audible noise from automobiles and land uses;
(7) Restoring soils and land denuded as a result of construction or grading;
(8) Increasing the tree canopy to provide shade and moderate the effect of urban heat
islands;
(9) Limiting glare created by exterior lighting;
(10) Reducing visual pollution from the urban environment and increasing privacy
between incompatible uses;
(11) Protecting and enhancing property values and aesthetic qualities;
(12) Helping to differentiate streets and other areas of the public realm from private
lands;
(13) Providing additional improvements to air quality through the carbon dioxide
uptake process provided by trees and landscaping; and
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (C) General Requirements for Landscaping
City of Monticello Zoning Ordinance Page 145
(14) Providing visual screening, where appropriate.
(C) General Requirements for Landscaping
(1) Applicability of Landscaping Standards
(a) General
Except as exempted by Section 4.1(C)(1)(b) below, the standards in Section
4.1 shall apply to all development in the City.
(b) Exemptions
Development in the CCD shall be exempt from the perimeter vehicular use
area landscaping standards in subsection 4.1(F)(3).
(c) Landscape Plan
To ensure compliance with the standards of this section, a landscape plan
demonstrating how landscaping will be planted on a development site shall be
included as a part of any application when required by the Community
Development Department. [3-3(F)(9)]
(2) Planting Standards
Plantings provided in accordance with this section shall comply with the
following standards:
(a) Deciduous canopy or shade trees shall be a minimum of two (2.0) caliper
inches in size at the time of planting, as determined in the American Standard
for Nursery Stock, ANSI Z60.1-2004, as amended. [3-2(G)(4)(a)(i)]
(b) Evergreen canopy trees shall be a minimum of six feet in height above ground
level at the time of planting. [3-2(G)(4)(a)(ii)]
(c) Understory or ornamental trees shall have a caliper of one-and-one half (1.5)
inches at time of planting, as determined in the American Standard for
Nursery Stock, ANSI Z60.1-2004, as amended.
(d) Deciduous or evergreen shrubs shall be upright in nature and be a minimum
of 24 inches in height at the time of planting. [3-2(G)(4)(c)]
(e) In cases where an aggregate caliper inch (ACI) requirement is utilized to
derive a required amount of vegetation, and the ACI figure includes a
fraction, an applicant may:
Standards for
Perimeter Buffers
[Section 4.1(G)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (C) General Requirements for Landscaping
Page 146 City of Monticello Zoning Ordinance
(i) Utilize a tree or trees with a caliper inch measurement exceeding the
minimum size at time of planting standard of Section 4.1(C) in order to
meet the required ACI; or
(ii) Round the ACI figure upwards until the figure corresponds with a whole
number of trees meeting the minimum size at time of planting standard.
When trees exceeding the minimum size at time of planting standard are
proposed, the minimum calipers of such trees shall be clearly noted on the
Landscaping Plan.
(f) In cases where application of landscaping requirements result in a fraction in
the number of shrubs to be provided, the minimum number of shrubs or trees
to be provided shall be rounded upwards to the next highest whole number.
(g) All landscape plant materials shall conform to the latest version of the
American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant
material shall be of standard quality or better, true to name and type of species
or variety.
(h) The use of native, drought tolerant vegetation is encouraged to reduce
dependency upon irrigation.
(i) To curtail the spread of disease or insect infestation in a plant species, new
tree plantings shall comply with the following standards:
(i) When fewer than 20 trees are required on a site, at least two different
species shall be utilized, in roughly equal proportions.
(ii) When more than 20 but fewer than 40 trees are required to be planted on
site, at least three different species shall be utilized, in roughly equal
proportions.
(iii) When 40 or more trees are required on a site, at least four different
species shall be utilized, in roughly equal proportions.
(iv) Nothing in this subsection shall be construed so as to prevent the
utilization of a larger number of different species than specified above.
(j) Required Species
(i) All trees used in site developments shall be indigenous to the appropriate
hardiness zone and physical characteristics of the site. [3-2(G)(5)(a)]
(ii) All deciduous trees proposed to satisfy the minimum requirements of this
policy shall be long-lived hardwood species. [3-2(G)(5)(b)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (C) General Requirements for Landscaping
City of Monticello Zoning Ordinance Page 147
(3) Existing Vegetation
(a) It is the policy of the City of Monticello to preserve the natural forest and
woodland areas throughout the City; and with respect to specific site
development, to retain, as far as practicable, substantial tree stands which
should be incorporated into the site. [3-2(G)(8)(a)]
(b) Existing healthy, well-formed canopy and understory trees as well as healthy
shrubs shall be credited toward the requirements of this section, provided the
vegetation meets the minimum size standards of this Ordinance, is protected
before and during development of the site in accordance with Section 4.2(B),
Tree Protection During Construction, and is maintained thereafter in a healthy
growing condition. [3-2(G)(8)(b)]
(4) Stabilization
All required landscape planting areas shall be stabilized and maintained with
lawn, ground covers, mulches, or other approved materials to prevent soil erosion
and allow rainwater infiltration.
(5) Berms
(a) The slope of all berms shall not exceed a two-to-one (2:1) ratio (horizontal to
vertical), shall have a top width at least one-half the berm height, and a
maximum height of four feet above the toe of the berm.
(b) All berms, regardless of size, shall be stabilized with a ground cover or other
suitable vegetation.
(c) Berms proposed to be placed along street right-of-way shall be designed and
constructed to provide adequate sight distances at intersections and shall not
impair safe operation of vehicles.
(d) Berms shall in no case damage the roots or trunks of existing healthy
vegetation designated to be preserved.
(6) Easements
Nothing except groundcover shall be planted or installed within any underground
or overhead utility, drainage, gas easement, or within three feet of a fire protection
system without the consent of the utility provider, easement holder, or the City, as
appropriate.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (D) Landscaping Plan Requirements
Page 148 City of Monticello Zoning Ordinance
(7) Sodding and Ground 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. Exceptions to this criterion may be approved by the
Community Development Department as follows: [3-2(G)(6)]
(a) Seeding of future expansion areas as shown on approved plans. [3-2(G)(6)(a)]
(b) Undisturbed areas containing existing viable natural vegetation which can be
maintained free of foreign and noxious plant materials. [3-2(G)(6)(b)]
(c) Areas designated as open space or future expansion areas properly planted
and maintained with prairie grass. [3-2(G)(6)(c)]
(d) Use of mulch materials such as bark, rock mulch over 4 mil poly, and wood
chips in support of shrubs and foundation plantings. [3-2(G)(6)(d)]
(D) Landscaping Plan Requirements
(1) Detailed landscape plans shall be required as specified in this ordinance and in all
cases where site plan approval is specified by either this ordinance or the
subdivision ordinance.
(a) The landscape plan should illustrate planned development on the site, and
(b) The landscape plan shall be produced on a separate sheet or sheets from other
required plans such as grading, drainage, and utility plans. [3-2(G)(2
paragraph 1)]
(2) Detailed landscape plans shall include the following information: [3-2(G)(2
paragraph 2)]
(a) In general: [3-2(G)(2)(a)]
(i) Name and address of developer/owner.
(ii) Name and address of architect/designer.
(iii) Date of plan preparation.
(iv) Dates and description of all revisions.
(v) Name of project or development.
(vi) Scale of plan (engineering scale only, at 1 inch equals 50 feet or less).
(vii) North point indication.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (D) Landscaping Plan Requirements
City of Monticello Zoning Ordinance Page 149
(b) Site Analysis: [3-2(G)(2)(b)]
(i) Boundary lines of property with dimensions based upon certified survey.
(ii) Name and alignment of proposed and existing adjacent on-site streets.
(iii) Location of existing and proposed utility rights-of-way, easements, and
lines (water, gas, electric).
(iv) Location of existing and proposed building.
(v) Topographic contours of the minimum interval of 2 feet, extending at
least 100 feet beyond the site boundaries.
(vi) Location of existing and proposed parking facilities, including curbing
detail and traffic island delineators.
(vii) Location of existing and proposed water bodies.
(viii) Location of existing and proposed sidewalks, trail corridors, and fire
lanes.
(ix) Other existing or proposed conditions which would be expected to affect
landscaping.
(x) Percentage of gross site area not covered by structures and pavement and
percentage of gross site area covered by pervious and impervious
surfaces.
(c) Landscape Data: [3-2(G)(2)(c)]
(i) Planting schedule (table) containing symbols, quantities, common names,
botanical names, sizes of plant material, root specification (b.r., B & B,
potted, etc.) and special planting instructions.
(ii) Existing trees and shrubbery, locations, common names, and approximate
size.
(iii) Planting detail (show all species to scale at normal mature crown diameter
or spread for local hardiness zone).
(iv) Typical sections in details of fences, tie walls, planter boxes, tot lots,
picnic areas, berms, and the like.
(v) Typical sections of landscape islands and planter beds with identification
of materials used.
(vi) Details of planting beds and foundation plantings.
(vii) Note indicating how disturbed soil areas will be restored through the use
of sodding, seeding, or other techniques.
(viii) Delineation of both sodded and seeded areas with respective areas in
square feet.
(ix) Coverage plan for underground irrigation system, if any.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (E) Alternative Landscaping Plan
Page 150 City of Monticello Zoning Ordinance
(x) Exterior lighting plan (as applicable).
(d) Special Conditions:
Where landscape or man-made materials are used to provide ordinance or
policy-required perimeter buffering/screening from adjacent and neighboring
properties, a cross-through section shall be provided showing the perspective
of the site from the neighboring property at the property line elevation. [3-
2(G)(2)(d)]
(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 Section 4.2, Tree
Protection, an alternative landscaping plan shall be required. An alternative
landscaping plan shall indicate how compliance with the standards in this
Ordinance is impossible or impractical, and shall illustrate how compliance can be
achieved to the maximum extent practicable. Nothing in Section 4.1(E) shall
prohibit a development configuration that meets or exceeds the landscaping and
tree protection standards in this Ordinance.
(2) Justification
Alternative plans, materials, or methods may be justified due to:
(a) Natural conditions, such as streams, natural rock formations, or topography;
(b) The likelihood that landscaping material would be ineffective at maturity due
to topography, placement, or other existing site conditions;
(c) Lot size or configuration;
(d) The presence of utility or other easements;
(e) The potential for interference with public safety; and
(f) Other situations where strict adherence to the landscaping or tree protection
standards in this Ordinance are determined to be impractical by the
Community Development Department.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (E) Alternative Landscaping Plan
City of Monticello Zoning Ordinance Page 151
(3) Allowable Deviations
The Community Development Department may approve an alternative landscape
plan if it meets the purpose and intent of Section 4.1, Landscaping and Screening,
or Section 4.2, Tree Protection, as appropriate. Allowable deviations from the
standards of this section include, but are not limited to the following:
(a) Reduced Planting Rates due to Public Facilities
An adjustment to planting locations or reduction of up to 20 percent in the
type or total number of required caliper inches may be allowed when
underground connections to public facilities, public utilities, or public
easements or right-of-way cause difficulty in meeting the required standards.
(b) Reduction in Standards due to Nature of Parcel
A reduction in the count, spacing, or species variety standards by up to 20
percent may be allowed where the reduction is desirable in terms of protection
of existing natural resources, better consistency with the goals of the
comprehensive plan, or a site design that exceeds the quality of what would
otherwise result under a strict application of the standards in this Ordinance,
in the opinion of the Community Development Department.
(c) Reduction in Standards in Recognition of Native Plantings and/or
Restoration Plan
A reduction of up to 10 percent in the type or total number of required caliper
inches may be allowed where the reduction is desirable as an incentive to
encourage the use of native plantings and/or the restoration of native plantings
on lands dedicated for open space.
(d) Planting on Adjacent or Alternative Sites
In cases where required plantings cannot be easily sited on the subject parcel,
alternative locations on adjacent or nearby parcels may be proposed.
(4) Alternative Landscape Plan Informational Requirements
Alternative landscape plans shall provide the same information required by a
general landscape plan as outlined in Section 4.1(D).
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (F) Standards for Vehicular Use Area Landscaping
Page 152 City of Monticello Zoning Ordinance
(F) Standards for Vehicular Use Area Landscaping
Except where exempted by Section 4.1(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. [Section
4.1(F) replaces former section 3-2(G)(11)]
(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 vehicle sales uses.
(2) Interior Vehicular Use Area Landscaping Standards
All vehicular use areas shall provide and maintain landscaped planting areas
within the interior of the vehicular use area in accordance with the following.
(a) Configuration
Interior planting areas shall be designed in accordance with the following
standards:
(i) Islands shall be located at the end of parking bays and have a minimum
size of 180 square feet when adjacent to single loaded parking spaces, and
a minimum size of 360 square feet when adjacent to double loaded
parking spaces (see Figure 4-1: Interior Parking Islands).
Vehicular use area
landscaping DOES
count towards
overall required site
landscaping.
[Section 4.1(H)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (F) Standards for Vehicular Use Area Landscaping
City of Monticello Zoning Ordinance Page 153
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (F) Standards for Vehicular Use Area Landscaping
Page 154 City of Monticello Zoning Ordinance
(ii) The maximum length of a parking bay to be bounded by interior planting
islands shall be in accordance with Table 4-1.
TABLE 4-1: LANDSCAPED ISLAND REQUIREMENTS
Use Type Maximum Number of Parking Stalls Between Islands
Residential Uses
Multi Family Uses 12 stalls between islands
Commercial, Civic, and Institutional Uses
Commercial Uses 24 stalls between islands
Civic & Institutional Uses 24 stalls between islands
Industrial Uses
Industrial & Business Campus
District Uses 24 stalls between islands
All other Industrial Uses 50 stalls between islands
(iii) Landscaped planting areas shall be distributed throughout the parking
area for the purpose of heat abatement.
(iv) Driveway and primary drive aisle medians shall have a minimum width of
four feet for medians containing shrubs and six feet for medians
containing both shrubs and understory trees.
(v) Each interior planting island shall contain at least one canopy or
understory tree per every 180 square feet, or portion thereof, of the total
landscape island area.
(vi) Shrubs shall be planted within landscaping islands at a minimum rate
necessary to ensure that at least 25 percent of the total land area occupied
by landscaping islands is planted with shrubs.
(b) Protection of Planting Areas
Except as exempted by the Community Development Department, all planting
areas shall be protected from vehicle damage by the installation of curbing,
wheel stops, or other comparable methods. This standard shall not prohibit
the use of planting areas as on-site stormwater management devices.
See Figure 4-2 for
illustrations of
interior landscaped
island spacing
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (F) Standards for Vehicular Use Area Landscaping
City of Monticello Zoning Ordinance Page 155
(3) Perimeter Vehicular Use Area Landscaping Standards
Where a vehicular use area serving a use subject to these standards abuts a street
right-of-way, vacant land, or any other development (except another vehicular use
area), perimeter landscaping strips shall be provided and maintained between the
vehicle use area and the abutting right-of-way or property line in accordance with
the following standards.
(a) Location
(i) Perimeter landscaping strips shall be located on the same land where the
vehicular use area is located, and shall be placed to assure visibility and
safety of pedestrians on the public street, as well as those within the
vehicular use area.
(ii) Perimeter landscaping strips may not be placed within future street rights-
of-way as may be identified on the City’s Official Map.
(b) Minimum Width
When a vehicular use area is located within 50 feet of a street right-of-way,
the perimeter landscaping shall be located within a planting strip at least six
feet wide. In all other instances, the strip shall be the minimum width
necessary to assure required landscaping is not damaged by vehicles or other
on-site activity. In no instance shall the strip be less than three feet wide.
(c) Protection of Landscaping Strip
Except as exempted by the Community Development Department, the
perimeter landscaping strip shall be protected from vehicle damage by the
installation of curbing, wheel stops, extra width in the landscaping strip, or
other comparable methods. This standard shall not prohibit the use of
perimeter landscaping strips as on-site stormwater management devices.
(d) Required Materials (see Figure 4-3)
Each perimeter landscaping strip shall include at least eight aggregate caliper
inches (ACI) of canopy trees per 100 linear feet of landscaping strip, and the
remaining ground shall be landscaped (sod, mulch, etc).
(e) Adjacent to Perimeter Buffers
Perimeter landscape strips associated with a vehicle use area may be credited
towards perimeter buffer standards [See Section 4.1(G), Standards for
Perimeter Buffers], provided the minimum buffer standards of this section are
met.
Perimeter vehicular
use area landscaping
counts towards
overall required site
landscaping.
[Section 4.1(H)(3)]
Figure 4-3:
Perimeter Vehicular
Use Area
Landscaping
Standards
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (F) Standards for Vehicular Use Area Landscaping
Page 156 City of Monticello Zoning Ordinance
(f) Adjacent to Off-Street Surface Parking on Other Lots
Where two or more off-street surface vehicular use areas are located adjacent
to one another, but upon different lots, no perimeter landscaping strip shall be
required between the two vehicular use areas.
(4) Incentives for Improved Design
(a) The total aggregate caliper inch requirements for canopy and understory trees
in subsection 4.1(F) may be reduced by five percent when:
(i) At least sixty-five (65) percent of the provided parking is located to the
side or rear of the building;
(ii) At least thirty (30) percent of the total required parking is subject to a
shared parking agreement; and
(iii) When pervious parking surfacing is used for twenty (20) percent or more
of the total vehicular use area.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (G) Standards for Perimeter Buffers
City of Monticello Zoning Ordinance Page 157
(b) The above incentives may be combined to achieve a cumulative reduction in
the amount of required tree ACI.
(G) Standards for Perimeter Buffers
(1) Purpose and Intent
Perimeter landscape buffers are intended to mitigate potential negative effects of
different contiguous uses. [3-3(F)(1)]
(2) Applicability
Except for adjoining single-family detached residential uses and uses in the CCD
district, all development shall provide a perimeter landscape buffer to separate it
from uses in a different use classification in accordance with Table 4-2: Buffer
Types, and Table 4-3: Buffer Type Application.
(3) Types of Buffers
Table 4-2: Buffer Types, describes four different buffering types in terms of their
function, opacity, width, and planting requirements. Where a particular buffer
type is required in Table 4-3: Buffer Type Application, the requirement may be
met with the combination of minimum buffer width and minimum screening
requirements specified under either Option 1 or Option 2. Where an option
utilizing a fence or wall is selected, the fence or wall shall comply with the
standards of Section 4.3, Fences and Walls. [3-3(F)(2)] & [3-3(F)(2)(c)] & [3-
3(F)(6)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (G) Standards for Perimeter Buffers
Page 158 City of Monticello Zoning Ordinance
TABLE 4-2: BUFFER TYPES
ACI = AGGREGATE CALIPER INCHES
Minimum Screening
Requirements Within the Perimeter Buffer
[1] [2] [3] [4]
Buffer Type and Configuration
Option 1: Minimum Width
of 20 feet
Option 2: Minimum
Width of 10 feet [5]
TYPE A – BASIC BUFFER
This perimeter buffer functions as basic edge
demarcating individual properties with a slight visual
obstruction from the ground to a height of ten feet.
2 ACI of canopy trees + 10 ACI of understory trees +
15 small shrubs per 100 linear feet
TYPE B – AESTHETIC BUFFER
This perimeter buffer functions as an intermittent
visual obstruction from the ground to a height of at
least 20 feet, and creates the impression of special
separation without eliminating visual contact between
uses.
8 ACI of canopy trees +
10 ACI of understory
trees + 15 small shrubs
per 100 linear feet
2 ACI of canopy trees +
14 ACI of understory
trees + 35 small shrubs
per 100 linear feet
TYPE C – SEMI-OPAQUE BUFFER
This perimeter buffer functions as a semi-opaque
screen from the ground to at least a height of six
feet.
12 ACI of canopy trees +
14 ACI of understory
trees + 25 small shrubs
per 100 linear feet
One 4-foot high berm or
one 4-foot high solid fence
+ 2 ACI of canopy trees +
16 ACI of understory
trees per 100 linear feet
TYPE D – OPAQUE BUFFER
This perimeter buffer functions as an opaque screen
from the ground to a height of at least six feet. This
type of buffer prevents visual contact between uses
and creates a strong impression of total separation.
18 ACI of canopy trees +
20 ACI of understory
trees + 55 small shrubs
per 100 linear feet
One 6-foot high solid
fence + 12 ACI of canopy
trees per 100 linear feet
[1]: Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall
at least five feet in height along with ten large shrubs per every 100 linear feet.
[2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 2.4(G),
Administrative Adjustments. Alternatively, applicants may submit an Alternate Landscape Plan under the
provisions of Section 4.1(E) if adhering to these requirements is not possible.
[3]: In cases where an adjacent use is designed for solar access, understory trees can be substituted for canopy
trees.
[4]: Required plantings shall conform to the planting standards outlined in section 4.1(C)(2).
[5]: Fences and walls shall comply with the standards in Section 4.3, Fences and Walls.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (G) Standards for Perimeter Buffers
City of Monticello Zoning Ordinance Page 159
(4) Determination of Required Buffer Type
Table 4-3 specifies the type of perimeter landscape buffer that new development
shall provide between it and adjacent property, based on the uses present on the
development site and that on the adjacent property. The buffer type is indicated by
a letter corresponding to one of the four buffer types depicted in Table 4-2, Buffer
Types. [3-3(F)(3)]
TABLE 4-3: BUFFER TYPE APPLICATION
Existing Use Type on Abutting Land [1]
Proposed use Type
Single Family
Residential
All Other
Residential
Civic and
Institutional
Uses
Office and
Commercial
Uses
Industrial
Uses
Single-Family Residential n/a A B C D
All Other Residential A n/a A B D
Civic and Institutional Uses B A n/a A D
Office and Commercial Uses C B A n/a C
Industrial Uses D D D C n/a
[1]: Letters in cells correspond to the buffer types listed in Table 4-2, Buffer Types.
[2]: Multi-family, townhouse, multi-building campus or shopping center type developments shall provide buffers
around the perimeter of the development instead of around individual buildings.
(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 another parcel, and shall extend to the
parcel boundary line or right-of-way line. [3-3(F)(2)(b)]
(b) In an industrial district, perimeter buffers are not required along lot lines
abutting streets except as provided for in Tables 4-2 and 4-3 when abutting
non-industrial districts. In such cases, the outdoor operation or storage
components shall include perimeter buffers as necessary to screen outdoor use
areas from off-site views.
(c) A perimeter buffer may be located along shared access easements between
parcels in nonresidential developments.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (G) Standards for Perimeter Buffers
Page 160 City of Monticello Zoning Ordinance
(6) Responsibility for Buffer Installation
(a) Vacant Parcels
Where a developing parcel is adjacent to a vacant parcel and a perimeter
buffer is required in accordance with this section, the developing parcel shall
provide a minimum of one-half of the perimeter buffer required adjacent to
the vacant land. [3-3(F)(2)(c)(iii)] & [3-3(F)(7)(i)]
(b) Existing Land Uses
Where a developing parcel is adjacent to an existing use and a perimeter
buffer is required in accordance with this section, the developing parcel shall
provide the full perimeter buffer required adjacent to the existing use in
accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type
Application, unless a portion or all of a perimeter buffer that complies with
the standards of this section already exists between the lots. Where all or part
of a perimeter buffer exists, but the buffer does not fully comply with the
standards of this section, the developing parcel shall be responsible for
providing all the additional planting material necessary to meet the standards
of this section. [3-3(F)(2)(c)(iii)] & [3-3(F)(7)(ii)] & [3-3(F)(8)]
(7) Development within Required Buffers
(a) The required buffer shall not contain any development, impervious surfaces,
or site features (except fences or walls) that do not function to meet the
standards of this section or that require removal of existing vegetation, unless
otherwise permitted in this ordinance.
(b) Sidewalks, trails, and other elements associated with passive recreation may
be placed in perimeter buffers if all required landscaping is provided and
damage to existing vegetation is minimized to the maximum extent
practicable.
(c) Overhead and underground utilities required or allowed by the City are
permitted to cross a required buffer in a perpendicular fashion, but shall
minimize the impact to vegetation to the maximum extent practicable. Where
required landscaping material is damaged or removed due to utility activity
within a required buffer, the landowner shall be responsible for replanting all
damaged or removed vegetation necessary to ensure the buffer meets the
standards in this ordinance.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (H) Standards for Site Landscaping
City of Monticello Zoning Ordinance Page 161
(8) Sight Triangles
Fencing, berms, walls, and all other landscaping features shall adhere to the
requirements of section 3.3(D)(2)(b), Corner Visibility.
(9) Credit for Existing Vegetation
Existing vegetation meeting the size standards of Section 4.1(C)(2), Planting
Standards, located within the perimeter buffer area may be preserved and credited
toward the perimeter buffer standards. [3-3(F)(5)]
(H) Standards for Site Landscaping
(1) Purpose and Intent
Site landscaping material is intended to soften the visual impact of building
foundations and provide for the even dispersal of trees across a development site.
(2) No Exceptions
The site landscaping provisions of section 4.1(H) shall be required for all
development.
(3) Distinguished from Other Required Landscaping
Site landscaping, for the purpose of this section, is exclusive of required perimeter
buffer and screening landscaping. Plantings required to meet vehicular use area
and perimeter vehicular use area landscaping standards can be counted towards
meeting site landscaping requirements.
(4) Site Landscaping Standards
Site landscaping shall be supplied in the amounts identified in Table 4-4:
Required Site Landscaping Plantings. Site landscaping shall meet the minimum
size standards for new planting specified in Section 4.1(C)(2), Planting Standards.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (H) Standards for Site Landscaping
Page 162 City of Monticello Zoning Ordinance
TABLE 4-4: REQUIRED SITE LANDSCAPING PLANTINGS
Use Type [1] Required Plantings Per Site [2] [3] [4]
General Standards
Single-family detached and
Multi-family dwellings with
less than five (5) units [5] [6]
4.0 ACI of canopy trees OR
2.0 ACI of canopy trees + 1 evergreen tree
[7]
Multi-Family Dwellings with
five (5) or more units
16.0 ACI of canopy trees (including at least 3 evergreen trees) per acre + at
least 2 shrubs per each 10 feet of building perimeter
Civic & Institutional Uses 14.0 ACI of canopy trees (including at least 2 evergreen trees) per acre + at
least 1 shrubs per each 10 feet of building perimeter
Office & Commercial Uses 10.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at
least 2 shrubs per each 10 feet of building perimeter
Industrial Uses 4.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at least
1 shrub per every 10 feet of a building wall facing a public right-of-way
District Specific Standards:
TN District lot standards
(all plantings must be in the
front or side yards, and all
shrub and flower plantings must
be in the front yard)
2.0 ACI of canopy trees + 2 ornamental trees OR
2.0 ACI of canopy trees + 1 evergreen tree;
In addition to the above, each site shall provide 2 shrubs per each 10 feet of
building perimeter + no less than 1 deciduous flower planting per 20 square feet
of front yard area
IBC District lot standards 10.0 ACI of canopy trees (including at least 1 evergreen tree) per acre + at
least 2 shrubs per each 10 feet of building perimeter
NOTE: ACI = Aggregate Caliper Inches
[1]: See Table 5-1, Uses By District.
[2]: At least ½ of the required shrubs shall be of an evergreen variety.
[3]: Each evergreen tree meeting the minimum size standards of this section shall count as two caliper inches
towards the total number of required canopy tree caliper inches.
[4]: Credits towards required landscaping are available for the retention of non-specimen trees per the
provisions of Section 4.2(D), Tree Preservation Incentives.
[5]: Required landscaping trees shall be planted within the front yard.
[6]: Lots in the T-N District shall not adhere to these standards, but instead to the specific standards listed
elsewhere in Table 4-4 and section 4.1(J)(2).
[7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of canopy trees OR 4.0
ACI of canopy trees + 2 evergreen trees)
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (I) Standards for Required Screening
City of Monticello Zoning Ordinance Page 163
(5) Shrub Placement
Required shrubs shall be placed around the building perimeter, a minimum of
three feet from the building, with emphasis placed on screening building
foundations visible from the public right-of-way. Required shrubs may be planted
up to 10 feet from the building, or up to 15 feet from the building if there is a
sidewalk located between the planting area and the building wall.
(6) Tree Placement
Trees serving as site landscaping shall be dispersed across a site in accordance
with good planting practice and the following priority listing:
(a) In yards between a building façade and a street right-of- way where no
vehicular use area landscaping is required;
(b) Between a building and an adjacent lot with an existing use that provides
more than 50 percent of the vegetative material associated with a required
perimeter buffer;
(c) Between a building façade and an abutting lot with the same or a more intense
zoning district classification (where no perimeter buffering is required);
(d) Within open-space set-aside areas with no existing or reforested trees;
(e) Adjacent to on-site areas of pedestrian or vehicular circulation where no other
vegetative material is required (e.g., drive-thrus or stacking lanes); or
(f) Other areas near accessory structures or accessory uses.
(I) Standards for Required Screening
(1) General Requirements
In addition to the other forms of required landscaping, screening shall be required
to conceal specific areas of high visual or auditory impact or hazardous areas from
off-site views. Such areas shall be screened at all times, unless otherwise
specified, regardless of adjacent uses, districts, or other proximate landscaping
material.
Required plantings
for screening count
towards overall
required site
landscaping.
[Section 4.1(H)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (I) Standards for Required Screening
Page 164 City of Monticello Zoning Ordinance
(2) Items to be Screened
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) Loading and service areas;
(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.
(3) Screening Methods
The following items are permitted for use as screening materials, and more than
one method may be used on a lot or site.
(a) Vegetative materials that can provide a 90% opacity-year round screen and
which are the minimum height necessary to screen the facility from offsite
views; or [3-2(G)(9)]
(b) An opaque fence or wall meeting the following requirements:
(i) The fence or wall shall be consistent with the standards in Section 4.3,
Fences and Walls.
(ii) The fence or wall shall be constructed of masonry, brick, wood, or steel.
[3-2(G)(13 part 1)]
(iii) 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 (6) feet in height. [3-2(G)(13 part 2)]
(iv) The design and materials used in constructing a required screening fence
shall be subject to the approval of the Community Development
Department. [3-2(G)(13 part 3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (I) Standards for Required Screening
City of Monticello Zoning Ordinance Page 165
(c) Alternative screening materials that are not listed above or alternative
configurations may be proposed as part of an alternative landscaping plan [see
Section 4.1(E)], if the alternative materials or configuration provide an
equivalent or superior screening function.
(4) Configuration of Vegetative Materials
In cases where vegetative materials are used for screening in accordance with this
subsection, the vegetative materials shall:
(a) Be planted around the perimeter of the site feature to be screened in a manner
that screens the site feature from all off-site views;
(b) Be configured in two staggered rows or other arrangement that provides
maximum screening;
(c) Be upright, large evergreen shrubs and capable of reaching at least six feet in
height within three years of planting; and
(d) Be spaced no farther than three feet on-center.
(5) Rooftop Screening
(a) General Roof Penetrations
All roof vents, pipes and/or other roof penetrations (except chimneys), shall
be fully screened, located on the rear elevations, or be otherwise configured to
the maximum extent practicable to have a minimal visual impact as seen from
a public street.
(b) Exceptions
Rooftop screening standards shall not apply to I-1 or I-2 zoned properties.
(c) Roof-based Mechanical Equipment
(i) Parapet walls or other techniques included as an integral part of the
building design shall be used to totally screen any roof-based mechanical
equipment from public rights-of-way or adjacent lands.
(ii) In cases where roof-based mechanical equipment are too tall to be
screened by a parapet wall, or if changes in the surrounding grade make
rooftops with parapets visible from public rights-of-way or adjacent lands,
a rooftop screening system shall be used for screening (see Figure 4-4).
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (J) Zoning District Specific Landscaping Standards
Page 166 City of Monticello Zoning Ordinance
(J) Zoning District Specific Landscaping Standards
(1) Residential Amenities (RA) District Landscaping Requirements
RESERVED
(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: [7-A5]
(i) 4.0 caliper inches of canopy trees or 4.0 caliper inches of canopy
trees + 1 evergreen
(ii) 6.0 caliper inches of ornamental trees
(iii) No less than 1 shrub per 20 square feet of front yard area
General required site
landscaping
requirements are in
Section 4.1(H).
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (K) Landscaping Installation and Maintenance Standards
City of Monticello Zoning Ordinance Page 167
(iv) No less than 1 deciduous flower planting per 20 square feet of front
yard area
(b) No private driveway leading to a garage may be more than 18 feet in width.
[7-A5]
(c) Lot area that is not covered by shrubs and trees may be covered with lawn,
gardens, and patios or decks. [7-A5]
(d) A landscaping plan must be approved by the Community Development
Department prior to issuance of a building permit.
(e) A landscape security shall be provided to ensure the landscaping of each lot in
accordance with this section. [7-A5]
(3) Industrial and Business Campus (IBC) District Landscaping Requirements
RESERVED
(K) Landscaping Installation and Maintenance Standards
(1) Time for Installation of Required Landscaping
(a) Time Limit
All required landscaping (including mulching and seeding) shall be installed
in accordance with the required planting standards set forth in this section
prior to issuance of a certificate of occupancy unless the Community
Development Department grants an extension to this time limit in accordance
with Section 4.1(K)(1)(b) below.
(b) Extensions
(i) The Community Development Department may, for good cause shown,
grant extensions to the above time limit, allowing a developer/owner to
delay the installation of required landscaping. Circumstances that may
warrant an extension include but are not limited to the following:
1. Unusual environmental conditions such as drought, ice, or over-
saturated soil (deep mud);
2. It is not yet the appropriate planting season for the approved plant
species;
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (K) Landscaping Installation and Maintenance Standards
Page 168 City of Monticello Zoning Ordinance
3. Credible evidence that the approved plant species or required plant
sizes are not commercially available and cannot be substituted within
a reasonable time despite an applicant’s diligent effort to secure the
required materials; or
4. Completion of utility work occurring in a proposed landscaped area is
incomplete or delayed.
(ii) Upon receipt of a performance guarantee, the City may issue a temporary
certificate of occupancy for a maximum period of up to 180 days.
(2) Maintenance of Landscaping Materials
The owner shall be responsible for the maintenance of all required landscaping.
Such areas shall be maintained in accordance with the approved landscape plan or
alternative landscape plan and shall present a healthy and orderly appearance free
from refuse and debris. All plant life shown on an approved landscape plan or
alternative landscape plan shall be replaced if it dies, is seriously damaged, or
removed.
(a) Damage Due to Natural Occurrence
In the event that any vegetation or physical element functioning to meet the
standards of this section is severely damaged due to an unusual weather
occurrence or natural catastrophe, or other natural occurrence such as damage
by wild or domestic animals, the owner or developer may be required to
replant if the landscaping standards are not being met. The owner shall have
one growing season to replace or replant. The Community Development
Department shall consider the type and location of the landscape buffer or
required vegetation area as well as the propensity for natural re-vegetation in
making a determination on the extent of replanting requirements.
(b) Protection during Operations
The owner or developer shall take actions to protect trees and landscaping
from unnecessary damage during all facility and site maintenance operations.
Plants shall be maintained in a way that does not obstruct sight distances at
roadway and drive intersections, obstruct traffic signs or devices, or interfere
with the use of sidewalks or pedestrian trails.
CHAPTER 4: FINISHING STANDARDS
Section 4.1 Landscaping and Screening
Subsection (K) Landscaping Installation and Maintenance Standards
City of Monticello Zoning Ordinance Page 169
(c) Maintain Shape
All required trees (whether canopy, understory, or otherwise) shall be
maintained in their characteristic natural shape, and shall not be severely
pruned, sheared, topped, or shaped as shrubs. Trees that have been severely
pruned, sheared, topped, or shaped as shrubs which no longer serve the
intended buffering or screening function shall be considered as damaged
vegetation in need of replacement in accordance with Section 4.1(K)(2)(a)
Damage Due to Natural Occurrence, and shall be replaced within one growing
season.
(d) Natural Death
The natural death of existing vegetation within any required landscape area
does not necessarily constitute a violation and does not require re-vegetation
to replace the plant material unless the required landscape area no longer
complies with the required standards of this section. Further, the screening is
expected to remain effective continually, so any plant material which dies or
ceases to function as a screen shall be replaced or reinforced immediately to
conform to City ordinance. [3-2(G)(12)(b paragraph 3)]
(3) Agreement and Security
A landscaping security shall be submitted with the building permit application.
Such security guarantees that in exchange for building permit, the owner will
construct, install and maintain all items shown on the approved plan and that they
will replace and or correct any deficiencies or defaults that occur in the plan for a
period of one complete year or two complete growing seasons subsequent to the
complete installation according to approved landscaping plan.
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (B) Protection of Specimen Trees
Page 170 City of Monticello Zoning Ordinance
4.2 Tree Protection
(A) Purpose
The purpose of this section is to preserve existing natural resources of the community
and to encourage the greening of the City. The City Council finds that the preservation
of trees and other vegetation, where practicable, is in the best interest of City residents’
health and welfare. To that end, the City Council has found it necessary and desirable
to establish regulations to ensure the City preserves its most significant trees and
clusters of exiting trees throughout the City.
(B) Protection of Specimen Trees
(1) Applicability
(a) In General
All development in the City, except that exempted in accordance with Section
4.2(B)(1)(b) below, shall be required to protect specimen trees in accordance
with this section.
(b) Exemptions
The following development shall be exempt from these standards:
(i) Development on land within the CCD zoning district and all other
commercially and industrially zoned properties;
(ii) Development on land containing an existing single-family detached
residential dwelling on a lot-of-record which cannot be further
subdivided.
(2) Separate Plan Required
The location, species, and size of all specimen trees to be retained in accordance
with this section shall be depicted on a separate inventory and protection plan
clearly depicting all required information.
(3) General Requirement
(a) No specimen tree may be removed, except in accordance with Section
4.2(B)(4), Removal of a Specimen Tree.
(b) All specimen trees shall have the following protections, whether located on
public or private land:
“Specimen Tree” is
defined in Section 8.4
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (B) Protection of Specimen Trees
City of Monticello Zoning Ordinance Page 171
(i) Cutting, Removal, or Harm Prohibited
Specimen trees shall not be cut, removed, pushed over, killed, or
otherwise harmed.
(ii) Paving or Soil Compaction Prohibited
The area within the dripline of any specimen tree shall not be subject to
paving or soil compaction greater than ten percent of the total area within
the dripline, or within 12 feet of the tree trunk.
(4) Removal of a Specimen Tree
Specimen trees may be removed if the landowner demonstrates to the Community
Development Department that one of the following sets of conditions is met:
(a) Removal of a Healthy Specimen Tree
A specimen tree that is in healthy condition may only be removed if all of the
following standards are met:
(i) The specimen tree prevents development of a lot platted prior to the
effective date of this ordinance as denoted in Section 1.4 in a way that
limits building area to less than otherwise allowed, or hinders compliance
with the standards in Chapters 3, 4, or 5.
(ii) Mitigation is provided in accordance with Section 4.2(B)(5),
Replacement/Mitigation of Specimen Trees.
(b) Removal of a Severely Diseased, High Risk, or Dying Specimen Tree
A specimen tree that is certified as being severely diseased, high risk, or dying
by a certified arborist may be removed without required mitigation.
(5) Replacement/Mitigation of Specimen Trees
Those causing the destruction or removal of a healthy specimen tree, unless
exempted by this ordinance, shall be responsible for the following mitigation:
(a) Replacement Trees Required
(i) Each healthy specimen tree removed or destroyed shall be replaced with
three or more replacement trees equaling or exceeding a total of eighteen
(18) aggregate caliper inches.
(ii) The required replacement trees shall be planted within 12 months of the
removal or destruction of the specimen tree.
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (C) Tree Protection During Construction
Page 172 City of Monticello Zoning Ordinance
(b) Location of Replacement Trees
Replacement trees shall be either planted on the parcel of land from which the
specimen tree was removed if sufficient space is available, or placed on
nearby lands in accordance with Section 4.1(E), Alternative Landscape Plan.
(c) Establishment Period
Replacement trees shall be maintained through an establishment period of at
least two complete growing seasons. The applicant shall guarantee the
survival and health of all replacement trees during the establishment period
and guarantee any associated replacement costs. If the replacement trees do
not survive the establishment period, the applicant shall purchase and install
new replacement trees.
(C) Tree Protection During Construction
(1) Owner’s Responsibility
During development, the owner or developer shall be responsible for the erection
of any and all barriers necessary to protect any existing or installed vegetation
from damage both during and after construction.
(2) Tree Protection Fencing & Tree Save Areas
(a) Where Required
Specimen trees and other existing trees being used for credit towards
landscaping requirements shall be fenced with a sturdy and visible fence
before grading or other development activity begins. Fencing shall be erected
no closer than one linear foot to the tree’s dripline. The Community
Development Department shall consider the existing site conditions in
determining the exact location for tree protection fencing. Areas located
inside of tree protection fencing are considered “tree save areas”.
(b) Inspection
All tree protection measures shall be inspected and approved by the City prior
to start of any land disturbing activities. Failure to have tree protection
measures approved prior to the commencement of construction is a violation
of this ordinance.
(c) When Required
No construction, grading, equipment or material storage, or any other activity
shall be allowed within the tree save (fenced) area. Fencing shall be
maintained until after the final site inspection.
Section 4.1(E):
Alternative
Landscape Plan
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (D) Tree Preservation Incentives
City of Monticello Zoning Ordinance Page 173
(3) Encroachments into Tree Save Areas
Encroachments into specimen tree save areas shall occur only when no other
alternative exists. If such an encroachment is anticipated, the following
preventive measures shall be employed:
(a) Soil Compaction
Where compaction might occur due to construction traffic or materials
delivery through a tree save area, the area must first be mulched with a
minimum four inch layer of wood chips. Equipment or materials storage shall
not be allowed within a tree save area.
(b) Fill
No fill shall be placed within a specimen tree save area without adequate
venting to allow air and water to reach the roots.
(c) Chemical Contamination
Trees located within a specimen tree save area shall be protected from
chemical contamination from liquids or other materials, including but not
limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid,
concrete spoils, or rinse water from vehicle cleaning, including rinsing of
concrete truck tanks and chutes.
(d) Paving Limitations
Except for driveway access points, sidewalks, curb, and gutter; no paving
shall occur within five feet of a specimen tree save area unless authorized
through an alternative landscaping plan [See Section 4.1(E), Alternative
Landscaping Plan].
(D) Tree Preservation Incentives
(1) Tree Preservation Credits
In order to encourage the preservation of as many healthy trees as practical on a
development site, credit towards the minimum landscaping requirements shall be
applied to all existing trees retained on a site that are not specimen trees that
comply with the credit standards of this subsection. Credits are offered only for
trees that are not required to be retained by other sections of this ordinance.
Credits shall be granted in accordance with the following standards:
CHAPTER 4: FINISHING STANDARDS
Section 4.2 Tree Protection
Subsection (D) Tree Preservation Incentives
Page 174 City of Monticello Zoning Ordinance
(a) Credit Amount
A credit of one-and-one-quarter (1.25) multiplied by the aggregate caliper of
trees that are not specimen trees shall be credited and applied towards the
landscaping standards in Section 4.1, Landscaping and Screening, when the
trees that are saved comply with the following minimum size standards:
(i) Canopy Trees
Canopy trees, whether deciduous or evergreen, of seven inches in caliper
or greater, measured six inches above ground level.
(ii) Understory/Ornamental Trees
Understory or ornamental trees, whether deciduous or evergreen, of four
inches in caliper or greater, measured four inches above ground level.
(b) Credit Applied Towards Required Plantings
The credit shall be applied to the aggregate tree caliper inch standards for
landscaping. In no case shall credits substitute for more than 75 percent of the
required landscaping material.
(c) Exclusions to Credit Provisions
Dead, dying or diseased trees shall not be used towards crediting.
(2) Reduction in the Minimum Number of Required Parking Spaces
Up to a five percent reduction in the number of off-street parking spaces required
on a development site shall be allowed if the reduction in the amount of required
pavement will preserve the root zones of existing healthy specimen trees. The
amount of reduction can be determined only after taking into consideration any
unique site conditions and the impact of the reduction on parking needs for the
use, and must be agreed upon by both the applicant and the Community
Development Department. Alternative paving materials may be required by the
Community Development Department in cases where required parking areas
encroach upon root zones.
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (C) General Requirements for Fences and Walls
City of Monticello Zoning Ordinance Page 175
4.3 Fences & Walls
(A) Purpose and Intent
The purpose and intent of this section is to regulate the location, height, and appearance
of fences and walls to maintain visual harmony within residential and business districts;
protect adjacent properties from the indiscriminate placement and unsightliness of
fences and walls; and ensure the safety, security, and privacy of properties.
(B) Applicability
(1) In General
Unless exempted in accordance with Section 4.3(B)(2) below, the provisions of
this section shall apply to the construction, reconstruction, or replacement of all
fences or walls in the City. In the event of any conflict between the provisions of
this section and any screening standard in Section 4.1(I), Screening, the latter
shall govern.
(2) Exemptions
The following are exempted from the requirements of this section.
(i) Development in the CCD District
Development on lots in the CCD district is exempt from the standards of this
section.
(ii) Recreational Fencing
Customary fencing provided as a part of a permitted tennis court, athletic
field, or other recreational facility. [3-2(F)(2)]
(iii) Temporary Fencing
Temporary fencing established around construction sites, demolitions, or
other site conditions unsafe for pedestrians or vehicles, provided it is
consistent with the building code.
(C) General Requirements for Fences and Walls
(1) Location
(a) Fences and walls are permitted anywhere on a lot subject to the following
restrictions: [3-2(F)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (C) General Requirements for Fences and Walls
Page 176 City of Monticello Zoning Ordinance
(i) The corner visibility requirements in Section 3.3(D)(2)(b) shall be met.
[3-2(F)(3)(c)]
(ii) Fences and walls shall not be located within public right-of-way unless
permitted by the Community Development Department by written
encroachment agreement. [3-2(F)(4)]
(iii) 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. [3-2(F)(4)]
(b) Fences and walls may be located directly over a property line between two or
more parcels of land held in private ownership.
(c) A certificate of survey may be required by the Community Development
Department to determine the location of fences and walls on a property. [3-
2(F)(5)]
(2) Blocking Natural Drainage Flow
(a) No fence shall be installed so as to block or divert a natural drainage flow on
to or off of any other land.
(b) Drainage swales may not be filled to accommodate the construction of fences
or walls without alternate storm water provisions being reviewed and
approved by the Community Development Department.
(c) Nothing in this section shall be construed to prevent the installation of
temporary fencing to protect existing trees, limit sedimentation, or control
erosion.
(3) Fences and Walls within Buffers
Fences and walls shall be installed so as not to disturb or damage existing
vegetation or installed plant material. The perimeter fencing or wall for a single
development shall be of a uniform style that complies with the standards of this
section.
(4) Permit Requirements
(a) A building permit is required for the construction of any fence or wall that
will be more than six (6) feet in height above grade, or for construction of a
retaining wall that is more than four (4) feet in height from the bottom of the
footing to the top of the wall. [3-2(F)(1 paragraph 1)]
Section 4.10:
Grading, Drainage,
& Erosion Control
Section 4.3(F):
Perimeter Fences
and Walls Abutting
Public Right-of-Way
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (D) Requirements for Fences and Walls by District Type
City of Monticello Zoning Ordinance Page 177
(b) Fences which do not require a building permit under the provisions of Section
4.3(D)(4)(a) above may be constructed without a permit, but shall adhere to
all fencing requirements in this ordinance.
(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
(i) Fences and walls shall not exceed a height of four (4) feet in front yards
and that part of side yards from the front lot line to the front building line.
(ii) If a fence or wall in a front yard exceeds three (3) feet in height, it must
be set back a minimum of fifteen (15) feet from the front property line.
[3-2(F)(3)(a)]
(b) Side or Rear Yards
(i) Fences and walls shall not exceed a height of six (6) feet in side and rear
yards.
(ii) In side or rear yards which abut a public street, fences or walls which
exceed thirty-six (36) inches in height must be set back at least six (6) feet
from the property line, and the setback area shall be landscaped in
accordance with the provisions of Section 4.3(J)(4), Appearance. [3-
2(F)(3)(b)]
(c) Transparency
Fences or walls located within a front yard or side yard adjacent to a street
shall maintain a minimum of 50 percent transparency.
(d) Access
Where any fence or wall connects to a building used as a dwelling, at least
one gate not less than 2 feet 6 inches in width shall be required to allow
access around the building. [3-2(F)(7)]
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (D) Requirements for Fences and Walls by District Type
Page 178 City of Monticello Zoning Ordinance
(2) Business Districts
(a) General
In business districts (see Table 3-1: Base Zoning Districts), fences and walls
shall not be permitted in front setback areas, and shall not exceed a height of
four feet in the remainder of front yards and eight feet in side or rear yards,
unless the fence in the side or rear yard is located within 15 feet of a public
right-of-way, in which case it shall not exceed a height of six feet. If a fence
is constructed on top of a retaining or other wall, the combined height of the
fence and wall shall not exceed the maximum height that would apply to a
fence or wall alone.
(b) Major Utilities, Wireless Communications, Government Facilities, and
Other Public Safety Uses
Fences and walls in front, side, and rear yards of major utilities, wireless
communication towers, government facilities, and other public safety uses
shall not exceed eight feet.
(3) Industrial Districts
(a) Industrial and Business Campus District
(i) Fences and walls shall not be permitted in front setback areas;
(ii) Fences shall adhere to the following yard-based requirements:
1. In all front yards, a fence shall not exceed six (6) feet in height and
shall be at least 50% transparent.
2. In all side yards, a fence shall not exceed six (6) feet in height.
3. In all rear yards, a fence shall not exceed eight (8) feet in height
provided a building permit is obtained for any additional height over
six (6) feet.
(iii) In no event shall a fence exceed six (6) feet in height if the fence is
located within 15 feet of a public right-of-way.
(b) I-1 and I-2 Districts
(i) In all front yards, a fence shall not exceed six (6) feet in height and shall
be at least 50% transparent.
(ii) In all side and rear yards, a fence shall not exceed fifteen (15) feet in
height provided a building permit is obtained for any additional height
over six (6) feet.
See also Section
3.3(D)(2)(b) Corner
Visibility, for
additional
restrictions on fence
placement.
See also Section
3.3(D)(2)(b) Corner
Visibility, for
additional
restrictions on fence
placement.
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (F) Perimeter Fences and Walls Abutting Public Rights-of-Way
City of Monticello Zoning Ordinance Page 179
(4) Vacant Property
Vacant property may be fenced if the fence does not exceed four feet in residential
districts and eight feet in business or industrial districts, the fencing maintains a
minimum transparency of 50%, and the purpose of the fencing is to discourage
unauthorized dumping or unauthorized parking on the property. Fencing of the
vacant property shall not be construed to allow use of the property for outdoor
storage.
(E) Exemption for Security Plan
A property owner or tenant or a representative of a public agency responsible for a
government facility, public safety use, or other use in need of heightened security may
submit to the Community Development Department a site security plan proposing
fences or walls taller than those permitted by this section or proposing the use of barbed
or concertina wire atop a fence or wall for security reasons. The Community
Development Department may approve or approve with conditions the site security plan
and its proposed exemption of fences or walls from the standards of this section, upon
finding:
(1) Taller Fence or Wall Needed for Safety or Security Reasons
The condition, location, or use of the property, or the history of activity in the
area, indicates the land or any materials stored or used on it are in significantly
greater danger of theft or damage than surrounding land, or represent a significant
hazard to public safety without a taller fence or the use of barbed or concertina
wire atop a fence or wall; and
(2) Not Have Security, Functioning Appearance of Adjacent Properties
The proposed taller fences or walls or use of barbed or concertina wire will not
have a significant adverse effect on the security, functioning, appearance, or value
of adjacent properties or the surrounding area as a whole.
(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;
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (H) Chain Link Fencing
Page 180 City of Monticello Zoning Ordinance
(d) Comply with the standards in Section 4.3(J), Appearance; and
(e) Comply with the requirements of Section 4.1(I), Standards for Required
Screening (if applicable).
(2) New residential developments shall be required to construct conforming fencing
along the rear yards of all double frontage lots that back up to collector or arterial
roadways.
(G) Prohibited Fences
(1) Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood,
wooden landscape lattice or waste materials are prohibited in all zoning districts
unless such materials have been recycled and reprocessed for marketing to the
general public as building materials that resemble new building materials and are
designed for use as a fencing material (e.g., picket fencing made from recycled
plastic and fiber).
(2) Chicken wire fences.
(H) Chain Link Fencing
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. [3-2(F)(8)]
(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 (4) feet.
(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 Section 4.3(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.
CHAPTER 4: FINISHING STANDARDS
Section 4.3 Fences & Walls
Subsection (J) Appearance
City of Monticello Zoning Ordinance Page 181
(I) Barbed or Razor Wire
Barbed or razor wire is prohibited except as expressly authorized through approval of a
security plan under the provisions of Section 4.3(E). [3-2(F)(9)]
(J) Appearance
(1) Customary Materials
Fences and walls shall be constructed of any combination of treated wood posts
and vertically-oriented planks, rot-resistant wood, wrought iron, decorative metal
materials, brick, stone, masonry materials, or products designed to resemble these
materials. Where wood, masonry, or other opaque materials are specified for
particular types of screening or buffering fences or walls, all other fence materials
are prohibited. [3-2(F)(6 paragraph 2)]
(2) Finished Side to Outside
Wherever a fence or wall is installed, if one side of the fence or wall appears more
“finished” than the other (e.g., one side has visible support framing and the other
does not), then the more “finished” side of the fence shall face the perimeter of the
lot rather than the interior of the lot. [3-2(F)(6 paragraph 1)]
(3) Compatibility of Materials along a Single Lot Side
All fencing or wall segments located along a single lot side shall be composed of
a uniform style and colors compatible with other parts of the fence and with the
associated buildings.
(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 all districts, or as otherwise required by this
ordinance, shall be supplemented with landscape screening in accordance with the
following standards to soften the visual impact of the fence or wall.
(a) Shrubs Required
One evergreen shrub shall be installed for every fifteen linear feet of fence or
wall, on the side of the fence or wall facing the public street right-of-way.
Shrubs shall meet the size standards of Section 4.1(C)(2) Planting Standards,
and may be installed in a staggered, clustered, grouped, or linear fashion.
CHAPTER 4: FINISHING STANDARDS
Section 4.4 Exterior Lighting
Subsection (A) Purpose
Page 182 City of Monticello Zoning Ordinance
(b) Substitution of Understory Trees
One understory or ornamental tree may be substituted for every three
evergreen shrubs provided that the tree meets the size standards of Section
4.1(C)(2) Planting Standards.
(c) Integration with other Required Landscaping
Required landscape screening for fences or walls may be integrated into the
landscaping required for vehicular use area screening or perimeter buffers,
provided the standards in Section 4.1 Landscaping and Screening Standards,
are maintained.
(5) Maintenance Required
Every fence or wall must be maintained in a condition of reasonable repair and
shall not be allowed to become and remain in a condition of disrepair or danger or
constitute a nuisance. Fences or walls in a state of disrepair may be removed by
the City as provided by Minnesota Statutes. The cost of removing fences may be
levied against the property as a special assessment. [3-2(F)(6 paragraph 2)]
4.4 Exterior Lighting
(A) Purpose
The purpose of this section is to regulate light spillage and glare to ensure the safety of
motorists and pedestrians, and to ensure lighting does not adversely affect land uses on
adjacent properties. More specifically, this section is intended to:
(1) Regulate Exterior Lighting to Mitigate Adverse Impacts
Regulate exterior lighting to assure that excessive light spillage and glare are not
directed at adjacent properties, neighboring areas, and motorists;
(2) Ensure Proper Insulation
Ensure that all site lighting is designed and installed to maintain adequate lighting
levels on site while limiting negative lighting impacts on adjacent lands; and
(3) Provide Security
Provide security for persons and land.
CHAPTER 4: FINISHING STANDARDS
Section 4.4 Exterior Lighting
Subsection (D) General Standards for Exterior Lighting
City of Monticello Zoning Ordinance Page 183
(B) Applicability
(1) In General
The provisions of this section shall apply to all development in the City unless
exempted in accordance with Section 4.4(C) below.
(2) Time of Compliance
An exterior lighting plan shall be submitted and approved along with an
application for a Site Plan [Section 2.4(F)], Subdivision [City Code Title 11,
Chapter 1], Building Permit [Section 2.4(I)], or Temporary Use Permit [Section
2.4(L)], whichever occurs first.
(C) Exemptions
The following is exempted from the exterior lighting standards of this section.
(1) Single-family detached dwellings;
(2) Existing athletic field lighting;
(3) City-owned, -operated, or -maintained street lights located within a street right-of-
way or other easement granted to the City; and
(D) General Standards for Exterior Lighting
(1) Hours of Illumination
Public and institutional uses, commercial uses, and industrial uses (See Table 5-1)
that are adjacent to existing residential development or vacant land in residential
districts shall turn off all exterior lighting—except lighting necessary for security
or emergency purposes—within one hour of closing. For the purposes of this
subsection, lighting “necessary for security or emergency purposes” shall be
construed to mean the minimum amount of exterior lighting necessary to
illuminate possible points of entry or exit into a structure, to illuminate exterior
walkways, or to illuminate outdoor storage areas. Such lighting may be activated
by motion sensor devices.
(2) Illumination Direction
In all districts, lighting shall be directed downward. In addition, upwardly-
directed lighting shall not be used to illuminate structures, except for low-wattage
architectural lighting or lighting for the American flag.
CHAPTER 4: FINISHING STANDARDS
Section 4.4 Exterior Lighting
Subsection (E) Design Standards for Exterior Lighting
Page 184 City of Monticello Zoning Ordinance
(E) Design Standards for Exterior Lighting
All exterior lighting shall meet the following standards:
(1) Maximum Lighting Height
(a) Except for outdoor sports fields or performance areas, the height of outdoor
lighting, whether mounted on poles or walls or by other means, shall be no
greater than 16 feet in residential districts and no greater than 25 feet in
business districts.
(b) Wherever possible, illumination of outdoor seating areas, building entrances,
and walkways shall be accomplished by use of ground mounted fixtures not
more than four feet in height.
(2) Shielding
(a) Exterior
Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses
or hoods to prevent glare or spillover from the project site onto adjacent lands
and streets.
(b) Interior
No interior light source shall be positioned, aimed, or configured so as to
result in the light source being visible from land occupied by existing
residential development.
(c) Canopies
No light source in a canopy structure shall extend downward further than the
lowest edge of the canopy ceiling.
(d) Awnings
Awnings or canopies used for building accents over doors, windows, etc.,
shall not be internally illuminated (i.e., from underneath or behind the
awning).
CHAPTER 4: FINISHING STANDARDS
Section 4.4 Exterior Lighting
Subsection (G) Exemptions for a Security Plan
City of Monticello Zoning Ordinance Page 185
(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 property line shall be 0.2 footcandle.
(F) Wall Pack Lights
Wall packs on buildings may be used at entrances to a building to light unsafe areas.
They are not intended to draw attention to the building or provide general building or
site lighting. Wall packs on the exterior of the building shall be fully shielded (e.g., true
cut-off type bulb or light source not visible from off-site) to direct the light vertically
downward and be of low wattage (preferably 100 watts or lower). Wall pack light
sources visible from any location off the site are prohibited.
(G) Exemptions for a Security Plan
Government facilities, parks and open areas, public safety, and other uses (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 subsection. The Community Development Department shall
approve, or approve with conditions, the site security plan and its proposed deviation
from the standards of this subsection, upon finding that:
(1) Deviation Necessary to Protect Public or Ensure Security
The proposed deviation from the standards is necessary for the adequate
protection of the public;
CHAPTER 4: FINISHING STANDARDS
Section 4.4 Exterior Lighting
Subsection (I) Sign Lighting
Page 186 City of Monticello Zoning Ordinance
(2) Significantly Greater Danger of Theft or Damage Without Additional
Lighting
The condition, location, or use of the land, or the history of activity in the area,
indicates the land or any materials stored or used on it are in significantly greater
danger of theft or damage, or members of the public are at greater risk for harm
than on surrounding land; and
(3) Deviation is Minimum Required and Will Not Have Adverse Effect
The proposed deviation from the standards is the minimum required, and will not
have a significant adverse effect on neighboring lands.
(H) Illumination of Outdoor Sports Fields and Performance Areas
Lighting of outdoor sports fields and performance areas shall comply with the following
standards:
(1) Glare Control Package
All lighting fixtures shall be equipped with an existing glare control package (e.g.,
louvers, shields, or similar devices) and aimed so that their beams are directed and
fall within the primary playing or performance area.
(2) Hours of Operation
The lighting system for any game or event shall be extinguished after the end of
the game or event.
(I) Sign Lighting
Lighting fixtures illuminating signs shall comply with the standards of this section, and
such fixtures shall be aimed and shielded so that direct illumination is focused
exclusively on the sign face and is not visible from off-site areas.
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (A) Findings, Purpose, and Effect
City of Monticello Zoning Ordinance Page 187
4.5 Signs
(A) Findings, Purpose, and Effect
(1) Findings
The City finds: [3A-1(A)]
(a) Exterior signs have a substantial impact on the character and quality of the
environment. [3A-1(A)(1)]
(b) Signs provide an important medium through which individuals may convey a
variety of messages. [3A-1(A)(2)]
(c) Signs can create traffic hazards and aesthetic concerns, thereby threatening
the public health, safety and welfare. [3A-1(A)(3)]
(d) The City's zoning regulations include the regulation of signs in an effort to
provide adequate means of expression and to promote the economic viability
of the business community, while protecting the City and its citizens from a
proliferation of signs of a type, size, location and character that would
adversely impact upon the aesthetics of the community and threaten the
health, safety and welfare of the community. The regulation of the physical
characteristics of signs within the City has had a positive impact on traffic
safety and the appearance of the community. [3A-1(A)(4)]
(2) Purpose and Intent
(a) It is not the purpose or intent of Section 4.5 to regulate the message displayed
on any sign; nor is it the purpose or intent of this section to regulate any
building design or any display not defined as a sign, or any sign which cannot
be viewed from outside a building.
(b) The purpose and intent of Section 4.5 is to: [3A-1(B)]
(i) Regulate the number, location, size, type, illumination and other physical
characteristics of signs within the City in order to promote the public
health, safety and welfare. [3A-1(B)(1)]
(ii) Maintain, enhance and improve the aesthetic environment of the City by
preventing visual clutter that is harmful to the appearance of the
community. [3A-1(B)(2)]
(iii) Improve the visual appearance of the City while providing for effective
means of communication, consistent with constitutional guarantees and
the City's goals of public safety and aesthetics. [3A-1(B)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (C) Permit Not Required
Page 188 City of Monticello Zoning Ordinance
(iv) Provide for fair and consistent enforcement of the sign regulations set
forth herein under the zoning authority of the City. [3A-1(B)(4)]
(3) Effect
A sign may be erected, mounted, displayed or maintained in the City if it is in
conformance with the provisions of this ordinance. The effect of Section 4.5, as
more specifically set forth herein, is to: [3A-1(C)]
(a) Allow a wide variety of sign types in commercial zones, and a more limited
variety of signs in other zones, subject to the standards set forth in Section
4.5. [3A-1(C)(1)]
(b) Allow certain small, unobtrusive signs incidental to the principal use of a site
in all zones when in compliance with the requirements of Section 4.5. [3A-
1(C)(2)]
(c) Prohibit signs whose location, size, type, illumination or other physical
characteristics negatively affect the environment and where the
communication can be accomplished by means having a lesser impact on the
environment and the public health, safety and welfare. [3A-1(C)(3)]
(d) Provide for the administration and enforcement of the provisions of Section
4.5. [3A-1(C)(4)]
(B) Permit Required
No sign shall be erected, altered, improved, reconstructed, maintained or moved in the
City without first securing a sign permit from the City: [3A-4]
(1) The content of the message or speech displayed on the sign shall not be reviewed
or considered in determining whether to approve or deny a sign permit. [3A-4(A)]
(2) Application for a sign permit shall be in conformance with the requirements of
Section 2.4(K), Sign Permits: [3A-4(B)]
(C) Permit Not Required
The following signs shall not require a permit and are allowed in addition to those signs
allowed by Sections 4.5(I) and 4.5(J) of this section. These exemptions, however, shall
not be construed as relieving the owner of the sign from the responsibility of its erection
and maintenance, and its compliance with the provisions of this section or any other law
or ordinance regulating the same. [3A-5]
Section 2.4(K) Sign
Permits
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (C) Permit Not Required
City of Monticello Zoning Ordinance Page 189
(1) The changing of the display surface on a painted or printed sign only. This
exemption, however, shall apply only to poster replacement and/or on site
changes involving sign painting on a surface other than the surface of the
building.. [3A-5(A)]
(2) Signs two (2) square feet or less in size. [3A-5(B)]
(3) One (1) sign per property in residential districts not to exceed four (4) square feet.
[3A-5(C)]
(4) All noncommercial signs are permitted on private property in any zoning district
with the express consent of the owner or occupant of such property. In a State
general election year, noncommercial signs of any size may be posted in any
number forty-six (46) days before the State primary in a State general election
year until ten (10) days following the State general election. Election signs
posted in connection with elections held at times other than those regulated by
Minn. Stat. 211B.035 shall not be posted more than 13 weeks prior to the election
and shall be removed by the party responsible for the erection of the sign or the
property owner within ten (10) days after the election.. [3A-5(D)]
(5) Official and Public signs. [3A-5(E)]
(6) One (1) sign shall be allowed per street frontage when a property is offered for
sale or lease, provided that: [3A-5(F)]
(a) Within residential zoning districts (see table 3-1), no sign shall exceed twelve
(12) square feet in area and six (6) feet in height for single-family, two-
family, townhouse, and quadraminium units; or thirty two (32) square feet in
area or eight (8) feet in height for multi-family or institutional uses. [3A-
5(F)(1)]
(b) For non-residential zoning districts (see table 3-1), as well as for any parcel
larger than ten (10) acres in any zoning district, signs may be up to ninety six
(96) square feet in area or twelve (12) feet in height as defined in this
ordinance. One (1) additional such sign shall be allowed for any street
frontage which exceeds one thousand (1,000) linear feet. For the purposes of
this section, frontage on any right of way, including local streets, County or
State Highways, or I-94 shall constitute a “frontage”, regardless of access.
[3A-5(F)(2)]
(7) Sandwich board signs are allowed within all business zoning districts (see table 3-
1) provided that: [3A-5(G)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (D) Prohibited Signs
Page 190 City of Monticello Zoning Ordinance
(a) Not more than one (1) sign is allowed per principal building except that one
sign is allowed per tenant within a principal building having two (2) or more
tenants each with an exclusive exterior entrance. [3A-5(G)(1)]
(b) The sign shall only be displayed when the business is open to the public. [3A-
5(G)(2)]
(c) Except in the CCD district, the sign shall be placed only on the business
property and shall be located within required principal building setbacks, or
encroaching into required setback areas a maximum of five (5) feet, and shall
not be placed on any vehicle. [3A-5(G)(3)]
(d) The signs shall be located so as to maintain a minimum five (5) foot
pedestrian walkway and so as not to obstruct vehicular traffic. [3A-5(G)(4)]
(e) The sign shall be set back a minimum of two (2) feet from the back of curb of
a public street or private drive aisle. [3A-5(G)(5)]
(f) The sign shall conform to the following height and area requirements: [3A-
5(G)(6)]
(i) Height: Five (5) feet. [3A-5(G)(6)(a)]
(ii) Area: Six (6) square feet. [3A-5(G)(6)(b)]
(g) For sandwich board signs within the CCD district, sandwich board signs may
be located in accordance with the provisions of subpart (c) above. In addition,
such signs may be placed upon the sidewalk or boulevard portion of a public
right-of-way upon the issuance of an annual permit in accordance with the
provisions and process of Section 2.4(K) of this ordinance. [3A-5(G)(7)]
(D) Prohibited Signs
The following signs are prohibited: [3A-6]
(1) Any sign, signal, marking or device which purports to be or is an imitation of or
resembles any official traffic control device or railroad sign or signal, or
emergency vehicle signs, or which attempts to direct the movement of traffic or
which hides from view or interferes with the effectiveness of any official traffic
control device or any railroad sign or signal. [3A-6(A)]
(2) All off premises signs greater than six (6) square feet in area. [3A-6(BA)]
(3) Flashing signs. [3A-6(D)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (E) Nonconforming Signs and Uses
City of Monticello Zoning Ordinance Page 191
(4) Roof signs. [3A-6(E)]
(5) Rotating signs. [3A-6(F)]
(6) Shimmering signs. [3A-6(G)]
(7) Signs which move or imitate movement, except for dynamic scrolling signs as
defined in this ordinance. [3A-6(H)]
(8) Signs painted, attached or in any other manner affixed to trees or similar natural
surfaces, or attached to utility poles, bridges, towers, or similar public structures.
[3A-6(I)]
(9) Off Premises Signs: [3A-6(J)]
(a) Off premise signs existing as non-conforming structures at the time of
adoption of this ordinance greater than six (6) square feet in area shall be
considered a principal use of property. [3A-6(J)(1)]
(b) Annual permits are required for all off premises signs. Off premises signs
shall be removed as a condition of construction of another principal use upon
the property or platting or subdivision approval for the land on which it is
located. [3A-6(J)(2)]
(E) Nonconforming Signs and Uses
(1) Signs: A non-conforming sign lawfully existing upon the effective date of this
ordinance shall be regulated in accordance with Chapter 6 of this ordinance. [3A-
7(A)]
(2) Uses: When the principal use of land is legally non-conforming under Chapter 6
of this ordinance, all existing or proposed signs in conjunction with that land use
shall be considered conforming if they are in compliance with the sign provisions
for the most restrictive zoning district in which the principal use is allowed. [3A-
7(B)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
Page 192 City of Monticello Zoning Ordinance
(3) When a sign is considered to be non-conforming due to size, location, or other
factor, but represents a conforming use of land, such sign may be continued,
including through repair, replacement, restoration, maintenance, or improvement,
but not including expansion, unless it is considered to be abandoned as defined by
this ordinance. When a non-conforming sign has been damaged to an extent of
50% or more of its market value, such sign shall be considered to be abandoned if
no building or sign permit has been applied for within 180 days of the date of
damage. [3A-7(C)]
(F) Enforcement and Penalties
Section 4.5 shall be administered and enforced in accordance with the provisions of
Chapter 7 of this ordinance. [3A-8]
(G) Substitution
The owner of any sign which is otherwise allowed by Section 4.5 of this ordinance may
substitute non-commercial copy in lieu of any other commercial or non-commercial
copy. This substitution of copy may be made without any additional approval or
permitting. The purpose of this provision is to prevent any inadvertent favoring of
commercial speech over non-commercial speech, or favoring of any particular non-
commercial message over any other non-commercial message. This provision prevails
over any more specific provision to the contrary. [3A-9]
(H) General Provisions
(1) Accessory Structures
Except as provided for by Section 4.5(D)(9), all signs shall be considered
accessory structures. [3A-10(A)]
(2) Setbacks
All freestanding signs shall be set back fifteen (15) feet from any property line
abutting a public right-of-way and five (5) feet from any side or rear property line.
No sign may be located within a drainage and utility easement. [3A-10(B)]
(3) Standards Adopted
The design and construction standards as set forth in Chapter 4 of the 1997 edition
of the Uniform Sign Code as may be amended, are hereby adopted. [3A-10(C)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
City of Monticello Zoning Ordinance Page 193
(4) Electrical Signs
The installation of electrical signs shall be subject to the State's Electrical
Code. Electrical service to such signs shall be underground. [3A-10(D)]
(5) Approval
No sign shall be attached or be allowed to hang from any building until
all necessary wall and roof attachments have been approved by the
Community Development Department. [3A-10(E)]
(6) Sign Interference
No signs, guys, stays or attachments shall be erected, placed or
maintained on trees nor interfere with any electric light, power,
telephone or telegraph wires or the supports thereof. [3A-10(F)]
(7) Illuminated Signs
Illuminated signs shall be shielded to prevent lights from being directed
at oncoming traffic in such brilliance that it impairs the vision of the
driver and may not interfere with or obscure traffic signs or signals.
Lighting may not illuminate any adjacent properties, buildings, or
streets. [3A-10(G)]
(8) Permit Display
Signs requiring permits shall display in a conspicuous manner the permit
sticker or sticker number. [3A-10(I)]
(9) Placement
No sign or sign structure shall be erected or maintained that prevents free
ingress or egress from any door, window or fire escape. No sign or sign
structure shall be attached to a standpipe or fire escape. [3A-10(J)]
(10) Structure
A freestanding sign or sign structure constructed so that the faces are not
back to back, shall not have an angle separating the faces exceeding
thirty (30) degrees unless the total area of both sides added together does
not exceed the maximum allowable sign area for that district. [3A-10(K)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
Page 194 City of Monticello Zoning Ordinance
(11) Square Footage Calculation (Total Area = A x B): [3A-10(M paragraph 1)]
(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: [3A-10(M
paragraph 2)]
(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: [3A-10(M paragraph 3)]
(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.
[3A-10(M paragraph 4)]
(12) Height
The top of a wall sign, including its superstructure, if any, shall be no higher than
the roof of the building to which such sign may be attached. [3A-10(N)]
(13) Landscaping
A site plan shall be submitted as a part of any application for a freestanding sign
which includes plans for the landscaping of the area near the sign, and which
demonstrates that the sign will complement the existing or proposed general site
landscaping of the property. [3A-10(O)]
(14) Vehicle Fuel Facilities
Signs for vehicle fuel facilities shall be regulated by the sign provisions for the
zoning district in which the facility is located, except that within a freestanding
sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous
display (no flashing, scrolling or other animation) of electronic or non-electronic
changeable copy identifying current fuel prices in accordance with Minnesota
state statutes section 239.751. [3A-10(P)]
(15) Window Signs
Window signs are not considered a part of the maximum sign area otherwise
allowed under Section 4.5 of this ordinance and do not require a permit. [3A-
10(R)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
City of Monticello Zoning Ordinance Page 195
(16) Changeable Copy Signs
Within commercial and industrial districts and for civic and institutional uses
including, but not limited to, public school facilities, hospital and medical
facilities, municipal facilities and places of public assembly, one (1) changeable
copy sign shall be allowed per site provided that the area of the sign not exceed
twenty-five (25) percent of the allowable sign area or fifty (50) square feet,
whichever is less, for a freestanding or wall sign. The area of this sign shall be
counted against the maximum sign area for the building, except where the
property owner has agreed to forgo the use of temporary signs in accordance
Section 4.5(I)(2) in which case the area of the changeable copy sign shall be
allowed in excess of the maximum sign area. [3A-10(S) as amended]
(17) Time and Temperature Signs
Within commercial and industrial zoning districts, an area not to exceed sixteen
(16) square feet within a freestanding or wall sign shall be allowed for display of
an electronic time and temperature sign subject to the sign provisions for the
zoning district in which the sign is located. [3A-10(T)]
(18) Projecting Signs
Projecting signs may be allowed in commercial districts provided that: [3A-
10(U)]
(a) There is a minimum of eight (8) feet of clearance under the base of the sign to
the ground below. [3A-10(U)(1)]
(b) The sign does not project more than five (5) feet beyond the wall to which it
is mounted, may not project over any vehicular drive aisle or traveled portion
of a public or private street and except in the CCD, Central Community
District may not project over a public right-of-way. [3A-10(U)(2)]
(c) The area of the projecting sign is not more than fifty (50) percent of the
maximum area allowed for an individual wall sign in the respective zoning
district in Section 4.5(J). [3A-10(U)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (H) General Provisions
Page 196 City of Monticello Zoning Ordinance
(19) Dynamic Displays
(a) Findings
Based on studies related to the use of dynamic sign displays and driver
distraction, the City finds that dynamic signs, as defined by the zoning
ordinance, have a unique potential to create driver distraction, a major cause
of traffic crashes. As a result, the City has adopted special regulations that
relate to such signs. These regulations shall apply to all proposed dynamic
signage in the City, whether new or existing, conforming or non-conforming
at the time of adoption of this ordinance. [3A-10(V paragraph 1)]
(b) Regulations governing Dynamic Signs
(i) Dynamic signs 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”. [3A-10(V paragraph 2)]
(ii) Dynamic signs shall not be permitted in any Residential zoning district.
[3A-10(V paragraph 3)]
(iii) No dynamic display shall change more than one time per five (5) second
period, except time and temperature displays which may change as
frequently as once every three (3) seconds. [3A-10(V paragraph 4)]
(iv) Dynamic signs shall be no brighter than other illuminated signs in the
same district. [3A-10(V paragraph 5)]
(v) Dynamic 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. [3A-10(V paragraph 6)]
(vi) Applicants for dynamic 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. [3A-10(V
paragraph 8)]
(vii) No Dynamic Display shall be permitted to be located in a yard or on the
side of a building which abuts a residentially zoned parcel. [3A-10(V
paragraph 9)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (I) Temporary Signs
City of Monticello Zoning Ordinance Page 197
(20) Design and Materials Standards for Signs in Commercial Districts,
Industrial Districts, the CCD District, PUDs, and Performance Based Mixed
Use Development [3A-10(W paragraph 1)]
(a) In General
The design and materials of any sign shall be consistent with the building
materials requirements of the district in which the sign is located, and shall be
the same as, or compatible with, the materials and design of the principal
building(s) on the property. [3A-10(W paragraph 2)]
(b) Specific Materials for Pylon Signs
All exposed pole or post structures must be wrapped or faced with stucco,
architectural metal, brick or stone consistent with building architecture.
(I) Temporary Signs
(1) For property in a Business District or an Industrial District (see table 3-1), the use
of commercial temporary sign devices shall not exceed forty (40) days per
calendar year per building. Not more than one (1) temporary sign device per
building shall be displayed upon a property at any one time. The area of
temporary sign devices shall not exceed thirty-two (32) square feet. [3A-11(A)]
(2) In cases where properties forego, in writing, temporary signage allowed by
Section 4.5(I)(1) above, an additional permanent message board sign up to fifty
(50) square feet in area shall be allowed. Such sign may be incorporated into a
property’s freestanding sign or the building as additional wall sign area.
Freestanding signs shall be subject to the height limitations of the applicable
zoning district. [3A-11(C)]
(3) Subject to other provisions of Section 4.5(I), one (1) additional temporary sign
device shall be permitted for a business on a one-time basis for a period of up to
forty (40) days beginning on the first day of the business opening to the public.
[3A-11(D)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
Page 198 City of Monticello Zoning Ordinance
(J) District Regulations
In addition to the signs allowed by Section 4.5(C) and Section 4.5(I), the following
signs shall be allowed within the specific zoning districts: [3A-12]
(1) Within residential zoning districts (see table 3-1), the following additional
regulations apply: [3A-12(A)]
(a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below,
not more than one (1) sign shall be allowed provided that: [3A-12(A)(1)]
(i) The area of the sign shall not exceed four (4) square feet. [3A-
12(A)(1)(a)]
(ii) Freestanding signs shall be limited to a maximum height of four (4) feet.
[3A-12(A)(1)(b)]
(b) In addition to the sign allowed by Section 4.5(J)(1)(a) above, one (1)
residential area identification sign shall be allowed. Such sign shall not
exceed thirty-two (32) square feet in area and eight (8) feet in height. [3A-
12(A)(2)]
(c) Government buildings and structures, public, quasi-public or private
recreation buildings, public parks and recreation areas, public and private
educational institutions limited to accredited elementary, middle or senior
high schools, and religious institutions such as churches, chapels, temples and
synagogues shall be allowed two (2) institutional identification signs not
exceeding seventy-five (75) square feet in area and eight (8) feet in height.
[3A-12(A)(3)]
(2) Within business and industrial zoning districts (see table 3-1), the following
additional regulations shall apply: [3A-12(B)]
(a) Total Area of Signs
The total area of all signs (with the exclusion of freestanding signs as may be
allowed by this code) displayed on a lot shall not exceed fifteen (15) percent
of the total building facade fronting not more than two (2) public streets. [3A-
12(B)(1)]
The Freeway Bonus
Sign Overlay District
allows for additional
signage in specific
commercial and
industrial areas
[Section 3.7(F)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
City of Monticello Zoning Ordinance Page 199
(b) Freestanding Signs [3A-12(B)(2)]
(i) Unless otherwise specified in this section, one (1) sign is allowed per lot.
The area of a freestanding sign may not exceed one hundred (100) square
feet each side with a maximum height of twenty-two (22) feet. [3A-
12(B)(2)(a)]
(ii) If a monument, rather than pylon sign is utilized, an additional one
hundred (100) square feet of area beyond the total area calculated in
Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs
shall be granted. [3A-12(B)(2)(c)]
(iii) For shopping centers greater than one hundred and fifty thousand
(150,000) square feet of aggregate building square footage and greater
than twenty (20) acres in site area, two (2) freestanding signs may be
permitted. Two (2) pylon signs may be constructed or, as an alternative,
one (1) pylon and one (1) monument sign may be constructed. When the
latter option is chosen, the monument sign shall be no greater than
fourteen (14) feet in height nor more than one hundred (100) square feet
in area. The pylon sign may be no greater than twenty-five (25) feet in
height and three hundred (300) square feet in area. [3A-12(B)(2)(d)]
(c) Wall, Canopy, or Marquee Signs [3A-12(B)(3)]
(i) Wall, canopy, projecting, and marquee signs shall be consistent with the
maximum area requirements of Section 4.5(J)(2)(a). [3A-12(B)(3)(a)]
(ii) Wall, canopy and marquee signs are permitted on any building facade
except those which abut properties zoned for residential use. [3A-
12(B)(3)(b)]
(d) Directional signage
In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage
may be allowed on site in an amount not to exceed three (3) signs with an
individual square footage maximum of ten (10) square feet each and thirty
(30) total square feet. [3A-12(B)(4)]
CHAPTER 4: FINISHING STANDARDS
Section 4.5 Signs
Subsection (J) District Regulations
Page 200 City of Monticello Zoning Ordinance
(e) Multiple Occupancy Commercial And Industrial Buildings
When a single principal building is devoted to two (2) 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: [3A-12(B)(5 paragraph 1)]
(i) 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 Section 4.5(J). [3A-
12(B)(5 paragraph 2)]
(ii) Commercial retail, office, or mixed use multiple occupancy buildings
may display a freestanding sign consistent with the applicable zoning
district provisions in Section 4.5(J). [3A-12(B)(5 paragraph 3)]
(iii) Except as provided by window, changeable copy, or temporary signs in
this ordinance, individual tenants of a multiple occupancy building within
a commercial or industrial zoning district shall not display separate wall,
canopy, or marquee signs unless the tenant's business has an exclusive
exterior entrance and subject to the following requirements: [3A-12(B)(5
paragraph 4)]
1. Each sign shall be limited to the maximum wall sign size permitted in
the applicable zoning district provisions in Section 4.5(J). [3A-
12(B)(5 paragraph 5)]
2. The sign shall be located only on the exterior wall of the tenant space
to which the sign permit is issued, but are not required to face a public
street. [3A-12(B)(5 paragraph 6)]
3. A comprehensive sign plan is submitted that includes all of the
following information:
a. 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.
b. Elevations to scale of buildings included within the
comprehensive sign plan including the location of existing or
proposed wall, canopy, or marquee signs.
c. 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). [3A-12(B)(5 paragraph 7)]
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (A) Purpose and Intent
City of Monticello Zoning Ordinance Page 201
4. 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. [3A-12(B)(5 paragraph 4)]
(3) In a PUD, Planned Unit Development District, signing restrictions shall be based
upon the individual uses and structures contained in the complex. Signs shall be in
compliance with the restrictions applied in the most restrictive zoning district in
which the use is allowed. [3A-12(C)]
4.6 Underground Utilities
All utilities within or serving new development [e.g. cable television, electrical
(excluding transformers), gas, sewer, telephone, and water lines] shall be placed
underground.
4.7 Transitional Features
(A) Purpose and Intent
Transitional features are architectural elements or site aspects that must be used to ease
the transition between new development and existing structures and community
character. It is the intent of these standards to:
(1) Blend land use types throughout the City to minimize visual conflicts;
(2) Limit the excessive consumption of land though the utilization of large vegetated
buffers to separate potentially conflicting use types; and
(3) Limit interruptions in vehicular and pedestrian connections created by efforts to
segregate uses.
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
Page 202 City of Monticello Zoning Ordinance
(B) Applicability
(1) Transitional features shall be required when:
(a) Different use types abut one another (e.g. residential, institutional,
commercial, office);
(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;
(d) The Community Development Department determines that design
compatibility cannot be achieved between uses in the B-1, B-2, B-3, B-4, or
IBC districts.
(2) The Community Development Department may require the use of screening in
addition to the use of transitional feature(s) where such is necessary to reduce
potential adverse impacts between incompatible uses or different building types.
(C) Standards
In areas where transitional features are required, one or more of the following
approaches shall be used, subject to approval and as required by the Community
Development Department, to establish a transition between uses:
(1) Use setbacks that are within 25 percent of the average setbacks for existing uses
on the same block face provided no new use is closer to the right-of-way than any
existing use;
Figure 4-5: Average Setbacks
The new construction (highlighted in green)
on the right demonstrates appropriate average
setbacks. The dwelling highlighted in red on
the left has a front setback that is too deep.
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
City of Monticello Zoning Ordinance Page 203
(2) Ensure the façade width and height between façades of structures on opposing
sides of a street are consistent with each other such that neither façade exceeds the
other’s dimensions by more than 25 percent;
Figure 4-6: Façade Height & Width
Ensuring similar façade height and width
dimensions of opposing façades can be an
effective means of establishing a transition
between uses.
(3) Graduate building height and mass in the form of building step-backs or other
techniques so that structures with a higher intensity have a comparable scale with
adjacent structures housing lower intensity uses;
Figure 4-7: Step Back Construction
Step-backs in building heights
between different use types can be
an effective transitional element.
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
Page 204 City of Monticello Zoning Ordinance
(4) Use similarly sized and patterned architectural features such as windows, doors,
awnings, arcades, pilasters, cornices, wall offsets, building materials, and other
building articulations included on the lower intensity use as depicted in
Figure 4-8.
Figure 4-8: Architectural
Features
The example on the
bottom demonstrates
effective use of transition
features.
(5) Locate off-street parking, loading, service, and utility areas to the rear of
structures, adjacent to similar site features on surrounding sites;
(6) Prevent incompatible exterior lighting or sources of audible noise or disturbance
from building façades facing lower intensity uses;
(7) Prevent abrupt changes in roof form by allowing adjacent incompatible uses to
use similar roof types, slopes, or arrangements;
(8) Orient porches, balconies, outdoor space, and other site attributes such as vending
machines associated with attached residential development away from adjacent
detached residential uses;
(9) Orient primary building façades directly across from opposing primary façades
regardless of use type (as seen in Figure 4-9); and
CHAPTER 4: FINISHING STANDARDS
Section 4.7 Transitional Features
Subsection (C) Standards
City of Monticello Zoning Ordinance Page 205
Figure 4-9: Parallel Primary Facades
Organizing buildings so that the
primary façades face one another can
serve as a transitional feature when
two different building types occupy
opposing sides of a street.
(10) When dealing with multi-building developments on one or more lots, establish a
continuum of use intensity where uses of moderate intensity (darkest colors in
Figure 4-10) are sited between high-intensity uses (medium colors in Figure 4-9)
and low-intensity uses (light colors in Figure 4-9) (i.e. retail to multi-family
residential to detached residential).
Figure 4-10: Staggering Intensity
Multi-building developments can be
organized to concentrate the highest
intensity uses in a single area and
feather the intensity and density
outwards from high intensity centers.
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (C) Change in Use or Occupancy
Page 206 City of Monticello Zoning Ordinance
4.8 Off-street Parking
(A) Purpose
The regulation of off-street parking spaces in these zoning regulations is to alleviate or
prevent congestion of the public right-of-way and to promote the safety and general
welfare of the public by establishing minimum requirements for off-street parking of
motor vehicles in accordance with the utilization of various parcels of land or structures.
[3-5(A)]
(B) Application of Off-Street Parking Regulation
The regulations and requirements set forth herein shall apply to all off-street parking
facilities in all of the zoning districts of the City. [3-5(B)]
(C) Change in Use or Occupancy
(1) Change in Use or Occupancy of Land
(a) Any change of use or occupancy of land already dedicated to a parking area,
parking spaces, or loading spaces shall not be made, nor shall any sale of land,
division, or subdivision of land be made which reduces area necessary for
parking, parking stalls, or parking requirements below the minimum
prescribed by these zoning regulations. [3-5(D)(4)]
(b) Off-street parking spaces and loading spaces or lot area existing upon the
effective date of this ordinance shall not be reduced in number or size unless
said number of size exceeds the requirements set forth herein for a similar
new use. [3-5(D)(2)]
(2) Change in Use or Occupancy of a Building
Any change of use of occupancy of any building or buildings, including additions
thereto, requiring more parking area shall not be permitted until there is furnished
such additional parking spaces as required by these zoning regulations. [3-
5(D)(5)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
City of Monticello Zoning Ordinance Page 207
(3) Site Plan Drawing Necessary
All applications for a building permit or 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 Section 4.8. [3-5(C)]
(D) Prohibited Uses Related to Off-street Parking
(1) Required accessory off-street parking spaces in any district shall not be utilized
for open storage, sale, or rental of goods; or storage of inoperable vehicles and/or
storage of snow. [3-5(G)]
(2) For single family and two family dwellings, off-street parking in the rear yard
is prohibited as illustrated in Figure 4-11.
(3) Except for temporary uses as permitted by Section 5.4 and trailers parking in a
designated loading area, no vehicle may be parked and used for storage of items
in any district.
(E) Standards Applicable to All Uses
(1) Location of Required Parking
(a) Required accessory off-street parking shall be on the same lot under the same
ownership as the principal use being served except under the provisions of
Section 4.8(G)(3). [3-5(F)(1)]
(b) Except for single, two-family, townhouse dwellings and parcels in the CCD,
head-in parking directly off of and adjacent to a public street with each stall
having its own direct access to the public street shall be prohibited. [3-
5(F)(2)]
(c) Except in the case of single, two-family, and townhouse dwellings, parking
areas shall be designed so that circulation between parking bays or aisles
occurs within the designated parking lot and does not depend upon a public
street or alley. [3-5(D)(9)(c paragraph 1)]
(d) Except in the case of single, two-family, and townhouse dwellings, parking
area design which requires backing into the public street is prohibited. [3-
5(D)(9)(c paragraph 2)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
Page 208 City of Monticello Zoning Ordinance
(e) All accessory off-street parking facilities required by this ordinance shall be
located and restricted as follows: [3-5(F)]
(i) For single family and two family dwellings, the part of a paved driveway
within boulevard portion of the street right-of-way shall only be used for
parking in a manner that does not block any public sidewalk or pathway.
[3-5(F)(4)] (new off-street parking reg)
(ii) In the case of single family dwellings, parking shall be prohibited in any
portion of the rear yard. In the case where the only attached or detached
garage on a property is located in the rear yard, parking may be allowed
in designated driveways leading directly into a garage, or on one (1) open
surfaced space located on the side of a driveway away from the principal
use as shown in Table 4-9 and Figure 4-11. Said extra space shall be
surfaced as required by Table 4-9 and Figure 4-11. [3-5(F)(7)] (new off-
street parking reg)
(iii) In the case of single family dwellings, parking in the side yard shall be
allowed on a surfaced space as shown in Table 4-9 and Figure 4-11. [3-
5(F)(8)] (new off-street parking reg)
(2) Vehicular Use Area Design
(a) Curb Cuts and Access
(i) Each property shall be allowed one (1) curb cut access per one
hundred twenty-five (125) feet of street frontage. All property shall be
entitled to at least one (1) curb cut.
(ii) The maximum driveway width between the public street and the property
line shall not exceed twenty-four (24) feet. [3-5(D)(9)(f)]
(iii) Within all districts, a five foot radius curb may be constructed at the
public street in addition to the maximum driveway width allowed. [3-
5(D)(9)(f)(1)]
(iv) Driveway access curb openings on a public street except for single, two-
family, and townhouse dwellings shall not be located less than forty (40)
feet from one another. [3-5(D)(9)(h)]
(v) No curb cut access shall be located less than forty (40) feet from the
intersection of two (2) or more street right-of-ways. This distance shall
be measured from the intersection of lot lines. [3-5(D)(9)(d)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
City of Monticello Zoning Ordinance Page 209
(vi) All driveway access openings shall require a culvert unless the lot is
served by storm sewer or is determined unnecessary by the Community
Development Department. Size of culvert shall be determined by the
Community Development Department but shall be a minimum of fifteen
(15) inches in diameter. [3-5(D)(9)(q)]
(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 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.
(b) Stall, Aisle, and Driveway Design
(i) Each parking space shall be not less than nine (9) feet wide and twenty
(20) feet in length exclusive of access aisles, and each space shall be
served adequately by access aisles. EXCEPTION: Where desired, up to
25% of the parking spaces may be not less than seven and one-half (7-
1/2) feet in width and not less than sixteen (16) feet in length when served
adequately by access aisles to accommodate compact car parking and
should be marked as such. [3-5(D)(9)(a)]
(ii) Except in the case of single family, two-family, and townhouse dwellings,
parking areas and their aisles shall be developed in compliance with the
following standards: [3-5(D)(9)(e)]
TABLE 4-6: PARKING STALL AND AISLE STANDARDS
Angle Wall to Minimum Wall to Interlock Minimum Interlock to Interlock Minimum
30 48.6’ 44.5’ 40.3’
45 56.8’ 53.4’ 50.0’
60 62.0’ 59.7’ 57.4’
90 64.0’ 64.0’ 64.0’
Parallel Parking: Twenty-two (22) feet in length
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
Page 210 City of Monticello Zoning Ordinance
(c) Surfacing
(i) Except in the case of single family and two-family dwellings, driveways
and stalls shall be surfaced with six (6) inch class five base and two (2)
inch bituminous topping or concrete equivalent. Drainage plans shall be
reviewed and subject to approval by the Community Development
Department. The Community Development Department staff may waive
this requirement if it is determined that the drainage plans do not merit
further study. Community Development Department determination in
this regard shall be based on the size of parking surface area, simplicity of
design plan, and proximity/accessibility to existing storm sewer facilities.
[3-5(D)(9)(k paragraph 2)]
(ii) The grade elevation of any parking area shall not exceed five (5) percent.
[3-5(D)(9)(i)]
(d) Striping
Except for single, two-family, and townhouses, all parking stalls shall be
marked with white painted lines not less than four (4) inches wide. [3-
5(D)(9)(l)]
(e) Lighting
Any lighting used to illuminate an off-street parking area shall be so arranged
as to reflect the light away from adjoining property, abutting residential uses,
and public right-of-ways and be in compliance with Section 4.4 of this
ordinance. [3-5(D)(9)(m)]
(f) Landscaping and Screening
All open, non-residential, off-street parking areas of five (5) or more spaces
shall be screened and landscaped from abutting or surrounding residential
districts in compliance with Section 4.1(F) of this ordinance. [3-5(D)(9)(p)]
(i) Interior Vehicular Use Area Landscaping – see Section 4.1(F)(2)
(ii) Perimeter Vehicular Use Area Landscaping – see Section 4.1(F)(3)
(iii) Perimeter Buffers – see Section 4.1(G)
(g) Signs
No sign shall be so located as to restrict the sight lines and orderly operation
and traffic movement within any parking lot. [3-5(D)(9)(n)]
Section 4.8(E)(5)
outlines requirements
for a CUP to
potentially lessen
surfacing
requirements
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
Section 4.1(G):
Standards for
Perimeter Buffers
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
City of Monticello Zoning Ordinance Page 211
(3) Parking Within a Structure
The off-street parking requirements may be furnished by providing a space so
designed within the principal building or one (1) structure attached thereto;
however, unless provisions are made, no building permit shall be issued to convert
said parking structure into a dwelling unit or living area or other activity until
other adequate provisions are made to comply with the required off-street parking
provisions of this ordinance. [3-5(D)(9)(b)]
(4) Vehicular Use Area Stall Calculation Requirements
(a) General Provisions
(i) The minimum number of off-street parking spaces shown in Table 4-7
shall be provided and maintained by ownership, easement, and/or lease
for and during the life of the respective uses hereinafter set forth. [3-5(H)]
(ii) When determining the number of off-street parking spaces results in a
fraction, each fraction of one-half (1/2) or more shall constitute another
space. [3-5(D)(8)(a)]
(iii) In stadiums, sports arenas, churches, and other places of public assembly
in which patrons or spectators occupy benches, pews, or other similar
seating facilities, each twenty-two (22) inches of such seating facilities
shall be counted as one (1) seat for the purpose of determining
requirements. [3-5(D)(8)(b)]
(iv) Should a structure contain two (2) or more types of use, each shall be
calculated separately for determining the total off-street parking spaces
required. [3-5(D)(8)(c)]
(b) Floor Area
(i) The term "floor area" for the purpose of calculating the number of off-
street parking spaces required shall be determined on the basis of the
interior floor area dimensions of the buildings, structure, or use times the
number of floors. [3-5(D)(1)]
(ii) Whenever practical, final parking calculations shall be based on an actual
building floor plan.
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
Page 212 City of Monticello Zoning Ordinance
TABLE 4-7: MINIMUM OFF-STREET PARKING SPACES BY USE
Use Type Minimum # of Spaces & Additional Requirements
Residential Uses
Detached Dwelling 2.0 spaces for each dwelling unit
Duplex 2.0 spaces for each dwelling unit
Townhome 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus
one (1) guest parking space for every four (4) units
Multiple Family
In general 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus
one (1) guest parking space for every four (4) units
Senior housing
Reservation of area equal to 1.0 space per unit
Initial development shall require only 0.5 spaces per unit, and said
number of spaces may continue until such time as the City Council
considers a need for additional parking spaces has been demonstrated
Group Residential Facility, Single
Family
2.0 spaces for each three persons for whom sleeping accommodations are
provided
Group Residential Facility, Multi-
Family
2.0 spaces for each three persons for whom sleeping accommodations are
provided
Manufactured Home 2.0 spaces per manufactured home
Civic and Institutional Uses
Active Park Facilities (public or
private)
5.0 spaces for each acre of park over one (1) acre; two (2) spaces per acre
for playgrounds; and ten (10) spaces for each acre of play field
When a public recreation site has more than one (1) use designation,
the areas must be divided for determining the required parking
Assisted Living Facilities 0.5 spaces for each assisted living unit (a required half space shall be
rounded up)
Baseball Fields, Stadium 1.0 space for each eight (8) seats of design capacity
Cemeteries See Parking Schedule #2 [Section 4.8(H)(3)]
Clinics 4.0 spaces for each one thousand (1000) square feet
Hospitals 2.0 spaces per each bed
Nursing/Convalescent Home 4.0 spaces plus one (1) for each three (3) beds for which accommodations
are offered
Passenger Terminal 8.0 spaces plus one (1) additional space for each eight hundred (800)
square feet of floor area over one thousand (1000) square feet
Passive Parks and Open Space See Parking Schedule #2 [Section 4.8(H)(3)]
Public Buildings or Uses 10.0 spaces plus one (1) for each one hundred fifty (150) square feet in
excess of two thousand (2000) square feet of floor area in the principal
structure
Schools,
Kindergarten through Junior High
1.0 space for each classroom plus one (1) additional space for each fifty
(50) student capacity
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
City of Monticello Zoning Ordinance Page 213
Use Type Minimum # of Spaces & Additional Requirements
Civic and Institutional Uses (continued)
Schools,
Kindergarten through Junior High
1.0 space for each classroom plus one (1) additional space for each fifty
(50) student capacity
Schools,
High School & post-secondary
1.0 space for each seven (7) students based on design capacity plus one (1)
for each three (3) classrooms
Place of Public Assembly
1.0 space for each four (4) seats based on the design capacity of the main
assembly hall
Facilities as may be provided in conjunction with places of public
assembly shall be subject to additional requirements which are imposed
by this ordinance
Utilities (major) See Parking Schedule #2 [Section 4.8(H)(3)]
Office Uses
Offices 3.0 spaces plus at least one (1) space for each three hundred (300) square
feet of floor space
Commercial Uses
Adult Uses 1.0 space for each one hundred (100) square feet of floor space.
Auction House
1.0 space for each forty (40) square feet of floor space.
Outside sales area shall be added to the floor space of the principal
building when determining square footage of floor space
Auto Repair – Minor 8.0 spaces plus one (1) additional space for each eight hundred (800)
square feet of floor area over one thousand (1000) square feet
Automotive Wash Facilities
10.0 spaces or one (1) space for each employee on the maximum shift,
whichever is greater
For self service facilities, there shall be a minimum of two (2) spaces
If the wash facility is integrated into an approved vehicle fuel sales
business, the wash facility shall require no additional parking
Bed & Breakfasts 1.0 space for each rental unit in addition to required residential off-street
parking
Boarding House 2.0 spaces for each three (3) persons for whom accommodations are
provided for sleeping
Business Support Services 1.0 space for each two hundred (200) square feet of floor space
If in the CCD district, one (1) space per three hundred fifty (350)
square feet of floor space
Communications/Broadcasting 1.0 space for each four hundred (400) square feet of floor space.
Convenience Stores 1.0 space for each two hundred (200) square feet of floor space
If in the CCD district, one (1) space per three hundred fifty (350)
square feet of floor space
Country Club 4.0 spaces per golf hole plus spaces provided for accessory uses in
accordance with this ordinance
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
Page 214 City of Monticello Zoning Ordinance
Use Type Minimum # of Spaces & Additional Requirements
Commercial Uses (continued)
Day Care Centers 1.0 space for each employee plus one (1) space per five children
Entertainment/Recreation, Indoor Commercial
Bowling Alley 5.0 spaces for each alley plus additional spaces as may be required herein
for related uses associated with the principal structure
Theater
1.0 space for each four (4) 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
ordinance
If the theater is located in the original plat of Monticello, the required
spaces shall be reduced to 1.0 space per five (5) seats
Entertainment/Recreation, Outdoor
Commercial
10.0 spaces plus one (1) for each one hundred (100) square feet of floor
area inside an associated structure
Financial Institution 1.0 space for each four hundred (400) square feet of floor space.
Funeral Homes
20.0 spaces for each chapel or parlor, plus one (1) space for each funeral
vehicle maintained on the premises
Aisle spaces shall also be provided off the street for making up a funeral
procession
Hotels or Motels 1.0 space for each rental unit plus one space for each ten (10) units and
one (1) space for each employee on the maximum shift
Kennels (commercial) 1.0 space for each four hundred (400) square feet of floor space.
Landscaping / Nursery Business See Parking Schedule #1 [Section 4.8(H)(2)]
Personal Services
1.0 space for each two hundred fifty (250) square feet of floor space
If in the CCD district, one (1) space per three hundred fifty (350)
square feet of floor space
Recreational Vehicle Camp Site 1.0 space per each recreational vehicle plus one (1) guest space per ten
recreational vehicles
Repair Establishment See Parking Schedule #1 [Section 4.8(H)(2)]
Restaurants
Sit down restaurants 1.0 space for each forty (40) square feet of gross floor area of dining and
bar area and one (1) space for each eighty (80) square feet of kitchen area
Drive Through restaurants 1.0 space for each fifteen (15) square feet of gross floor area but not less
than fifteen (15) spaces
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
City of Monticello Zoning Ordinance Page 215
Use Type Minimum # of Spaces & Additional Requirements
Commercial Uses (continued)
Retail Commercial Uses
In General
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
In which 50% or more of the gross floor
area is devoted to storage, warehouses,
and/or industry. The number of spaces
may be determined by either of the
listed options
OPTION #1: 8.0 spaces OR one (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 one space for each employee on the
maximum shift
Specialty Eating Establishments
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
Vehicle Fuel Sales
4.0 spaces plus two (2) spaces for each service stall (not pump)
Those facilities designed for sale of other items than strictly automotive
products, parts, or service shall be required to provide additional
parking in compliance with other applicable sections of this ordinance
Vehicle Sales and Rental 8.0 spaces plus one (1) additional space for each eight hundred (800)
square feet of floor area over one thousand (1000) square feet
Veterinary Facilities 1.0 space for each two hundred fifty (250) square feet
Wholesale Sales
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
Industrial Uses
Auto Repair – Major See Parking Schedule #1 [Section 4.8(H)(2)]
Extraction of Materials See Parking Schedule #2 [Section 4.8(H)(3)]
General Warehousing
8.0 spaces plus one (1) space for each two (2) employees on the maximum
shift or, at a minimum, at least eight (8) spaces plus one (1) space for each
one thousand (1000) square feet of floor area
Truck or Freight Terminal 8.0 spaces plus one (1) space for each two (2) employees on the maximum
shift or, at a minimum, at least eight (8) spaces plus one (1) space for each
five hundred (500) square feet of floor area
Waste Disposal & Incineration See Parking Schedule #1 [Section 4.8(H)(2)]
Wrecker Services See Parking Schedule #1 [Section 4.8(H)(2)]
Heavy Manufacturing See Parking Schedule #1 [Section 4.8(H)(2)]
Industrial Services See Parking Schedule #1 [Section 4.8(H)(2)]
Light Manufacturing See Parking Schedule #1 [Section 4.8(H)(2)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
Page 216 City of Monticello Zoning Ordinance
Use Type Minimum # of Spaces & Additional Requirements
Industrial Uses (continued)
Machinery/Truck Repair See Parking Schedule #1 [Section 4.8(H)(2)]
Recycling and Salvage Center See Parking Schedule #1 [Section 4.8(H)(2)]
Self Storage Facilities
1.0 space per 100 lockers/units on the inside of the fenced area and at least
five (5) spaces outside the fenced area
If a caretaker’s quarters is provided on-site, at least one (1) covered
parking space for exclusive use by the caretaker shall be provided
(iii) Unusable space (e.g. entries, halls, service areas, bathrooms, etc) within
uses may be excluded from floor area calculations when applicable.
(iv) Required parking spaces may be reduced through alternative development
types (e.g. Planned Unit Development, utilization of Performance Based
Enhancement Overlay District provisions, etc) as permitted in this
ordinance.
(c) CCD District Exceptions [14B-6(G)]
Property owners in the CCD District shall comply with the parking supply
requirements as listed in Table 4-7 of this ordinance. However, property
owners may be granted flexibility from a portion of their required parking
supply under the following conditions: [14B-6(G)(1)]
(i) Where the City finds that there will be adequate opportunity to provide
public parking in the vicinity of the subject property, and at the City’s
option, the owner shall pay into a “CCD” Parking Fund an amount as
established by City Council Resolution. Said fund shall be used for the
acquisition, construction, and/or maintenance of publicly-owned parking
in the “CCD” district. [14B-6(G)(1)(a)]
(ii) The City may, in addition to, or as an alternative to, the option listed in
Section 4.8(E)(4)(c)(i) above, and at the discretion of the City, offer the
property owner the opportunity to choose to supply parking at a rate
which is sixty (60) percent of the requirement listed in Section 4.8
provided that the owner grants an easement to the public for automobile
parking use over the subject area. The owner shall retain responsibility
for maintenance of said parking area. [14B-6(G)(1)(b)]
(iii) Location: Parking shall not be located on a parcel between the front
building line of the principal building and the public street, except where
expressly provided for by the City Council after recommendation from
the Planning Commission. [14B-6(G)(2)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
City of Monticello Zoning Ordinance Page 217
(d) Parking Stall Requirement: Schedule #1
Uses subject to Off-Street Parking Schedule #1 must provide the minimum
number of off-street parking spaces indicated in Table 4-8, Off-Street
Parking Schedule #1.
TABLE 4-8: OFF STREET PARKING SCHEDULE #1
Activity Number of Spaces Required
Office or Administrative Area 1.0 space per three hundred (300) square feet
Indoor Sales Area 1.0 space per two hundred (200) square feet
Outdoor Sales, Display, or Storage
Area (3000 sq ft or less) 1.0 space per seven hundred fifty (750) square feet
Outdoor Sales, Display, or Storage
Area (over 3000 sq ft) 1.0 space per one thousand (1000) square feet
Indoor Storage / Warehousing / Vehicle Repair / Manufacturing Area
≤ 3000 sq ft 1.0 space per two hundred (200) square feet
3000 ≤ 5000 sq ft 1.0 space per five hundred (500) square feet
5000 ≤ 10,000 sq ft 1.0 space per seven hundred fifty (750) square feet
> 10,000 sq ft 1.0 space per one thousand two hundred fifty (1250) square feet
(e) Parking Stall Requirement: Schedule #2
Uses subject to Off-Street Parking Schedule #2 have widely varying
parking demand characteristics, making it very difficult to specify a single
appropriate off-street parking standard. Upon receiving a development
application for a use subject to Schedule #2 standards, the Community
Development Department is authorized to apply the off-street parking and
loading standard specified for the listed use that is deemed most similar to
the proposed use or establish minimum off-street parking requirements on the
basis of a parking study prepared by the applicant. The study must include
estimates of parking demand based on recommendations of the Institute of
Traffic Engineers (ITE) or other acceptable estimates as approved by the
Community Development Department, and should include other reliable data
collected from uses or combinations of uses that are the same as or comparable
with the proposed use. Comparability will be determined by density, scale,
bulk, area, type of activity, and location. The study must document the source
of data used to develop the recommendations.
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (E) Standards Applicable to All Uses
Page 218 City of Monticello Zoning Ordinance
(5) Vehicular Use Area Design Conditional Use Permit
Stall aisle and driveway design requirements outlined in Section 4.8 may be
lessened subject to the following conditions: [3-5(D)(9)(s)]
(a) Any reduction in requirements requires completion of the conditional use
permit process outlined in Section 2.4(D) of this ordinance. [3-5(D)(9)(s)(i)]
(b) Final approval of parking and driveway drainage plans associated with
conditional use permit request shall be provided in writing by the Community
Development Department. Engineering expenses greater than the portion of
building permit fee allocated for engineer plan review shall be paid by
applicant prior to occupancy of structure. [3-5(D)(9)(s)(ii)]
(c) Only properties which have existing buildings and are being expanded or
remodeled for a new use shall be eligible for this conditional use permit. [3-
5(D)(9)(s)(iii)]
(d) The applicant must show, and the Planning Commission must find, that there
are existing non-conformities of the property which are being eliminated by
the expansion or remodeling which justify a deferral to the paving,
landscaping, or curbing requirements. [3-5(D)(9)(s)(iv)]
(e) 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. [3-5(D)(9)(s)(v)]
(f) 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. [3-
5(D)(9)(s)(vii)]
(6) Deferred Parking
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 "proof of parking" plan so approved by the
Community Development Department. [3-2(G)(8)(d)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (F) Standards Applicable to Residential Uses
City of Monticello Zoning Ordinance Page 219
(7) Permit Required
A permit shall be required for the installation of any surfacing material intended
to be utilized for off-street parking. The fee for an off-street parking permit shall
be set forth in a fee schedule adopted by the City Council. The fee payment shall
accompany the permit application. (8/27/07, #465) [3-5(D)(9)(t)]
(8) Maintenance
It shall be the joint and several responsibility of the lessee and owner of the
principal use, uses, or building to maintain in a neat and adequate manner, the
parking space, accessways striping, landscaping, and required fences. [3-5(E)]
(F) Standards Applicable to Residential Uses
(1) Location of Required Parking in Residential Areas
(a) For single family and two family dwellings, off-street parking on a paved
driveway within fifteen (15) feet of any street surface shall be allowed as long
as it does not block any public sidewalk or pathway. [3-5(F)(3)] (new off-
street parking reg)
(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 (1) 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 and two-family dwellings, parking shall be
located as found in Table 4-9 and Figure 4-11. [3-5(F)(6)] (new off-street
parking reg)
(c) Parking and/or storage of passenger vehicles, recreational vehicles and
equipment, emergency vehicles, and small commercial vehicles shall
conform to the requirements of Table 4-9 and Figure 4-11. For the purposes
of Table 4-9 and Figure 4-11, emergency vehicles shall be treated as “small
commercial vehicles”, but without limitations as to size. [3-5(D)(7)] (new off-
street parking reg)
(d) Under no circumstances shall large commercial vehicles be parked or stored
in residential zoning districts, or on property that is used for residential
purposes. [3-5(D)(7)] (new off-street parking reg)
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (F) Standards Applicable to Residential Uses
Page 220 City of Monticello Zoning Ordinance
TABLE 4-9: TYPE OF REQUIRED BUFFER YARD FOR OFF-STREET PARKING AREAS IN
RESIDENTIAL AREAS
Diagram
Area
Key
Passenger
Vehicles [1]
Recreational
Vehicles [1]
Emergency
Vehicles [1]
Small
Construction
Vehicles [1]
Other
Notes
Driveway leading
directly into a garage
within the front yard
of a lot
A Any number
(paved)
One such
vehicle
(paved)
One such
vehicle
(paved)
Any number
(paved)
Parking space
adjacent to the
driveway within the
front yard of a lot
B
One passenger
or small
commercial
vehicle (paved)
One such
vehicle, if it is
the only such
vehicle within
the front yard
(surfaced)
One such
vehicle (paved)
One passenger
or small
commercial
vehicle (paved)
Other portions of
the front yard C No No No No
Side yard, adjacent to
garage side of
structure
D
Yes, within a
space consisting
of the 15 feet
adjacent to the
building
(surfaced)
Yes within a
space consisting
of the 15 feet
adjacent to the
building
(unsurfaced)
Yes, within a
space consisting
of the 15 feet
adjacent to the
building
(surfaced)
Yes, within a
space consisting
of the 15 feet
adjacent to the
building
(surfaced)
Must maintain
minimum 3 foot
setback to side lot
line in all cases
Side yard more than
15 feet from garage E No No No No
Side yard on
opposite side of
house from garage
F No No No No
Side yard on corner
lot facing a public
street
G
Yes, within a
space consisting
of the 15 feet
adjacent to the
building
(surfaced)
Yes within a
space consisting
of the 15 feet
adjacent to the
building.
(unsurfaced)
Yes, within a
space consisting
of the 15 feet
adjacent to the
building
(surfaced)
Yes, within a
space consisting
of the 15 feet
adjacent to the
building
(surfaced)
Must maintain
minimum 3 foot
setback to side lot
line in all cases.
This space may
encroach to within
5 feet of the right of
way, provided
screening is
included.
[1] see section 8.4 for definition
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (F) Standards Applicable to Residential Uses
City of Monticello Zoning Ordinance Page 221
Diagram
Area
Key
Passenger
Vehicles
[1]
Recreational
Vehicles
[1]
Emergency
Vehicles
[1]
Small
Construction
Vehicles
[1]
Other
Notes
Rear yard H No Yes
(unsurfaced) No No
No current limit to
number of such vehicles
– must maintain a 3 foot
setback to lot line
[1] see section 8.4 for definition
Figure 4-11
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (F) Standards Applicable to Residential Uses
Page 222 City of Monticello Zoning Ordinance
(2) Vehicular Use Area Design in Residential Areas
(a) Curb Cuts and Access
(i) Single family uses shall be limited to one (1) curb cut access per property.
[3-5(D)(9)(j)]
(ii) Curb cut access shall be at a minimum three (3) feet from the side yard
property line in residential districts. [3-5(D)(9)(g)]
(b) Surfacing
Paving and surfacing requirements for parking and storage of passenger
vehicles, emergency vehicles, recreational vehicles, and small commercial
vehicles for single and two-family dwellings shall be as found in Table 4-9
and Figure 4-11. [3-5(D)(9)(k paragraph 1)]
(c) Residential District Garage Requirements
In all residential zoning districts, all detached single family homes 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
minimum garage door opening of 16 ft. with the following exceptions and/or
deviations by district: [3-2(B)(5 paragraph 1)]
(i) R-1 District
An attached garage of at least 480 square feet shall be constructed as part
of any single family home. [3-2(B)(5 paragraph 2)]
(ii) R-A District
1. An attached garage of at least 700 square feet shall be constructed as
part of any single family home. [3-2(B)(5 paragraph 3)]
2. Garage frontage: From side building line to side building line of any
single family structure, no more than 40% of such building width
shall consist of Garage doors that face the street. Side or rear loaded
garages are not subject to this regulation. An exception shall be made
for garage doors that face the street, but are set back at least ten feet
in back of the front building line of the principal use. [3-2(B)(5
paragraph 4)]
3. No portion of any garage space may be more than five feet closer to
the street than the front building line of the principal single family
use. [3-2(B)(5 paragraph 5)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses
City of Monticello Zoning Ordinance Page 223
(iii) T-N District
1. A garage of at lest 450 square feet, attached or detached, shall be
constructed as a part of any single family home. [3-2(B)(5 paragraph
6)]
2. Garage frontage: From side building line to side building line of any
single family structure, no more than 50% of such building width
shall consist of garage doors that face the street. Side or rear loaded
garages, or detached garages in the rear yard, are not subject to this
regulation. An exception shall be made for garage doors that face the
street, but are set back at least ten feet in back of the front building
line of the principal use. [3-2(B)(5 paragraph 7)]
3. No portion of any garage space may be more than five feet closer to
the street than the front building line of the principal single family
use. [3-2(B)(5 paragraph 8)]
(G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses
(1) Location of Required Parking for Commercial, Industrial &
Civic/Institutional Uses
(a) In business, industrial and institutional areas, no parking area may be
located upon a public drainage and/or utility easement adjoining a public
street without an encroachment agreement approved by the Community
Development Department.
(b) In the B-1 district, off-street parking shall not include semi-trailer trucks. [11-
3(B)]
(2) Vehicular Use Area Design Applicable to Commercial, Industrial &
Civic/Institutional Uses
(a) Access and Curbing
(i) Curb cut access in industrial and commercial zoning districts may exceed
twenty-four (24) feet with the approval of the Community Development
Department. Denial by the Community Development Department of curb
cut access in excess of twenty-four (24) feet may be appealed following
the procedures outlined in Section 2.4(H) of this ordinance.
(1/10/00,#399) [3-5(D)(9)(f)(2)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses
Page 224 City of Monticello Zoning Ordinance
(ii) Curb cut access shall not be closer than six (6) feet to any lot line as
measured from the lot line to the face of the curb. An exception to the
setback requirement shall be granted in Business Districts where
adjoining business provide for private cross access between parking lots.
[3-5(D)(9)(g)] and [3-5(D)(9)(o paragraph 1)]
(iii) All off-street parking areas and driveways shall have a six (6) inch non-
surmountable continuous concrete curb around the perimeter of the parking
area and driveways. The Community Development Department may approve
bituminous curbing as a temporary measure under the following
conditions: [3-5(D)(9)(r)(i)]
1. If the area is shown by adequate site plans and reasonable growth to be
subject to a future expansion of the driveway and/or parking area. [3-
5(D)(9)(r)(ii)(a)]
2. The area is shown by adequate site plans to be able to control site
traffic and circulation as recommended by the Community
Development Department. The Community Development
Department may approve movable curb stops as a temporary traffic
control measure. [3-5(D)(9)(r)(ii)(c)]
3. The area is shown by adequate drainage plans to be able to control
drainage as recommended by the Community Development
Department. The Community Development Department may approve
bituminous curbing as a temporary drainage control measure. [3-
5(D)(9)(r)(ii)(b)]
(iv) 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 subject the following conditions: [3-5(D)(9)(o paragraph 1)]
1. The required island and landscaping requirements in Section 4.1 are
met. [3-5(D)(9)(o)(1)]
2. The vehicular use area meets the required setback at the perimeter of
the parcels in question. [3-5(D)(9)(o)(2)]
3. The curb cut access locations to the parking lot(s) are approved by the
City. [3-5(D)(9)(o)(3)]
4. A shared parking/access and maintenance agreement is provided by
the parking owners and recorded against all subject properties. [3-
5(D)(9)(o)(4)]
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses
City of Monticello Zoning Ordinance Page 225
(b) Perimeter Vehicular Use Buffer
(i) Open, non-residential off-street parking areas shall be designed to screen
headlights from abutting or surrounding 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-
5(D)(9)(u paragraph 1)]
(ii) In the event that drainage or other conditions do not permit a berm of this
size, a solid, maintenance free fence may be permitted for all or a portion
of the retaining wall to the extent necessary to permit property drainage.
Examples may include a two-foot retaining wall and berm, with a four
foot tall fence section. This alternative may be allowed by Conditional
Use Permit. Any fence proposed in lieu of the required design must be
100 percent opaque and in character with the surrounding area. [3-
5(D)(9)(u paragraph 2)]
See also
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
See also
Section 4.1(G):
Standards for
Perimeter Buffers
Figure 4-12
CHAPTER 4: FINISHING STANDARDS
Section 4.8 Off-street Parking
Subsection (G) Standards Applicable to Commercial, Industrial & Civic/Institutional Uses
Page 226 City of Monticello Zoning Ordinance
(3) Joint Facilities for Commercial, Industrial & Civic/Institutional Uses
The City Council may, after receiving a report and recommendation from the
Planning Commission, approve a conditional use permit for one (1) or more
businesses to provide the required off-street parking facilities by joint use of one
(1) 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: [3-5(I)(1)]
(a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling
alley, dance hall, bar, or restaurant may be supplied by the off-street parking
facilities provided by types of uses specified as a primarily daytime use in
subparagraph (d) below. [3-5(I)(1)(a)]
(b) Up to fifty (50) percent of the off-street parking facilities required for any use
specified under (d) below as primary daytime uses may be supplied by the
parking facilities provided by the following nighttime or Sunday uses:
Auditoriums incidental to a public or parochial school, churches, bowling
alleys, dance halls, theatres, bars, or restaurants. [3-5(I)(1)(b)]
(c) Up to eighty (80) percent of the parking facilities required by Section 4.8 for a
church or for an auditorium incidental to a public or parochial school may be
supplied by off-street parking facilities provided by uses specified under (d)
below as primarily daytime uses. [3-5(I)(1)(c)]
(d) For the purpose of this section, the following uses are considered as primarily
daytime uses: Banks, business offices, retail stores, personal service shops,
household equipment or furniture shops, clothing or shoe repair or service
shops, manufacturing, wholesale, and similar uses. [3-5(I)(1)(d)]
(e) Conditions required for joint use: [3-5(I)(1)(e)]
(i) The building or use for which application is being made to utilize the off-
street parking facilities provided by another building or use shall be
located within three hundred (300) feet of such parking facilities with the
following exception: For theatres located in the Original Plat of
Monticello, theatre parking provided by another use shall be located
within five hundred (500) feet of said theatre. [3-5(I)(1)(e)(i)]
(ii) The applicant shall show that there is no substantial conflict in the
principal operating hours of the two (2) buildings or uses for which joint
use of off-street parking facilities is proposed. [3-5(I)(1)(e)(ii)]
CHAPTER 4: FINISHING STANDARDS
Section 4.9 Off-street Loading Spaces
Subsection (B) Location
City of Monticello Zoning Ordinance Page 227
(iii) 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 City
Administrator and recorded with the County Recorder, Wright County.
[3-5(I)(1)(e)(iii)]
4.9 Off-street Loading Spaces
(A) Purpose
The regulation of loading spaces in these zoning regulations is to alleviate or prevent
congestion of the public right-of-way and so to promote the safety and general welfare
of the public by establishing minimum requirements for off-street loading and unloading
from motor vehicles in accordance with the utilization of various parcels of land or
structures. [3-6(A)]
(B) Location
(1) All required loading berths shall be off-street and located on the same lot as the
building or use to be served. [3-6(B)(1)]
(2) The location of required loading births shall be such that circulation occurs within
the designated site or property and does not depend upon a public street or alley.
(3) All loading berth curb cuts shall be located at a minimum fifty (50) feet from the
intersection of two (2) or more street right-of-ways. This distance shall be
measured from the property line. [3-6(B)(2)]
(4) No loading berth shall be located closer than fifty (50) feet from a residential
district unless within a structure. [3-6(B)(3)]
(5) Loading berths shall not occupy the front yard setbacks. [3-6(B)(4)]
(6) Loading berths located at the front or at the side of buildings on a corner lot shall
only be permitted if the following conditions can be met: [3-6(B)(5)]
(a) Loading berths shall not conflict with pedestrian movement. [3-6(B)(5)(a)]
(b) Loading berths shall not obstruct the view of the public right-of-way from off-
street parking access. [3-6(B)(5)(b)]
(c) Loading berths shall comply with all other requirements of Section 4.8. [3-
6(B)(5)(c)]
CHAPTER 4: FINISHING STANDARDS
Section 4.9 Off-street Loading Spaces
Subsection (F) Size
Page 228 City of Monticello Zoning Ordinance
(d) All screening requirements of Section 4.1(I) are met.
(7) Each loading berth shall be located with appropriate means of vehicular access to
a street or public alley in a manner which will cause the least interference with
traffic. [3-6(B)(6)]
(C) Surfacing
All loading berths and accessways shall be improved with not less than six (6) inch class
five base and two (2) inch bituminous surfacing to control the dust and drainage
according to a plan submitted to and subject to the approval of the Community
Development Department. [3-6(C)]
(D) Accessory Use, Parking and Storage
Any space allocated as a required loading berth or access drive so as to comply with the
terms of these zoning regulations shall not be used for the storage of goods, inoperable
vehicles, or snow shall not be included as part of the space requirements to meet the off-
street area. [3-6(D)]
(E) Screening
Except in the case of multiple dwellings, all loading areas shall be screened and
landscaped from abutting and surrounding residential uses in compliance with Section
4.1(I), of this ordinance. [3-6(E)]
(F) Size
Unless otherwise specified in these zoning regulations, the first loading berth shall be
not less than fifty-five (55) feet in length, and all loading berths shall be not less than
thirty (30) feet in length. All loading berths shall be not less than ten (10) feet in width
and fourteen (14) feet in height, exclusive of aisle and maneuvering space. [3-6(F)]
Section 4.1(I):
Standards for
Required Screening
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (A) Purpose
City of Monticello Zoning Ordinance Page 229
(G) Number of Loading Berths Required
The number of required off-street loading berths shall be as follows: [3-6(G)]
(1) Manufacturing, Fabrication, Processing, Warehousing, Storing, Retail Sales,
Schools and Hotels
For such a building five thousand (5,000) to one hundred thousand (100,000)
square feet of floor area, one (1) loading berth fifty-five (55) feet in length and
one (1) additional berth for each additional one hundred thousand (100,000)
square feet or fraction thereof, plus one (1) berth thirty (30) feet in length for each
thirty-five thousand (35,000) square feet of floor area or fraction thereof. [3-
6(G)(1)]
(2) Auditorium, Convention Hall, Exhibition Hall, Sports Arena or Stadium
Ten thousand (10,000) to one hundred thousand (100,000) square feet of floor
area, one (1) loading berth; for each additional one hundred thousand (100,000)
square feet of floor area or fraction thereof, one (1) additional loading berth. [3-
6(G)(2)]
4.10 Grading, Drainage, & Erosion Control
(A) Purpose
(1) During the construction process, soil is highly vulnerable to erosion by wind and
water. Eroded soil endangers water resources by reducing water quality and
causing the siltation of aquatic habitat for fish and other desirable species. Eroded
soil also necessitates the maintenance of sewers and ditches and the dredging of
lakes and ponds. [33-1 paragraph 1]
(2) As a result, the purpose of this local regulation is to safeguard persons, protect
property, and prevent damage to the environment in Monticello. This ordinance
will also promote the public welfare by guiding, regulating, and controlling the
design, construction, use, and maintenance of any development or other activity
that disturbs or breaks the topsoil or results in the movement of earth on land in
Monticello. This ordinance is to be used in supplement to any other regulations
as required by state agencies. [33-1 paragraph 2]
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (C) Grading, Drainage and Erosion Control Plan Requirements
Page 230 City of Monticello Zoning Ordinance
(B) Permits
(1) The thresholds for required Grading, Drainage, and Erosion Control permits along
with the permit review process is outlined in Section 2.4(N) of this ordinance.
(2) The Permittee(s) shall be responsible for obtaining required permits from other
government agencies prior to conducting grading work (e.g. dewatering a site for
development will require one or more permits from the MPCA).
(C) Grading, Drainage and Erosion Control Plan Requirements
(1) Plan Requirements
(a) Grading, erosion control practices, sediment control practices, and waterway
crossings shall meet the design criteria set forth in the Grading, Drainage and
Erosion Control Plan, and shall be adequate to prevent transportation of
sediment from the site to the satisfaction of the City of Monticello. [33-4 (A
paragraph 1)]
(b) The Grading, Drainage and Erosion Control Plan shall comply with the
NPDES General Storm Water Permit requirements and include the following,
as applicable: [33-4 (A paragraph 2)]
(i) A natural resources map identifying soils, tree cover including size and
type, significant native plant communities, and resources protected under
other sections of this code. [33-4(A)(1)]
(ii) A sequence of construction of the development site, including stripping
and clearing; rough grading; construction of utilities, infrastructure, and
buildings; and final grading and landscaping. Sequencing shall identify
the expected date on which clearing will begin, phasing of clearing or
grading, the estimated duration of exposure of cleared areas, areas of
clearing, installation of temporary erosion and sediment control measures,
and establishment of permanent vegetation. [33-4(A)(2)]
(iii) All erosion and sediment control measures necessary to meet the
objectives of this local regulation throughout all phases of construction
and after completion of development of the site. Depending upon the
complexity of the project, the drafting of intermediate plans may be
required at the close of each season. [33-4(A)(3)]
Section 2.4(N)
Grading Permits
Excavation within
ROW is administered
through City Code
Title 8, Chapter 2
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (D) Construction Requirements
City of Monticello Zoning Ordinance Page 231
(iv) Seeding mixtures and rates, types of sod, method of seedbed preparation,
expected seeding dates, type and rate of lime and fertilizer application,
and kind and quantity of mulching for both temporary and permanent
vegetative control measures. Required specifications are referenced in the
City of Monticello Plan Requirements and Design Guidelines. [33-
4(A)(4)]
(v) Provisions for maintenance of erosion and sediment plan, specifically in
boulevards, easements and other public areas, and estimates of the cost of
maintenance. [33-4(A)(5)]
(vi) Provisions for regular permittee inspections of all control measures in
accordance with the inspection schedule outlined on the approved
Grading, Drainage and Erosion Control Plan(s). [33-4(A)(6)]
(vii) Modifications to the plan shall be processed and approved or disapproved
in the same manner as a new application per the requirements of Section
2.4(N). [33-4(A)(7)]
(D) Construction Requirements
(1) Construction Specifications
(a) Grading, erosion and sediment controls as specified in the City’s Plan
Requirements and Design Guidelines. [33-5(A)(1)]
(b) Clearing and grading of natural resources, such as forests and wetlands, shall
not be permitted, except when in compliance with all provisions of this
ordinance. Clearing techniques that retain natural vegetation and drainage
patterns shall be recommended as necessary and used to the satisfaction of the
Community Development Department. [33-5(A)(2)]
(c) Clearing, except that necessary to establish sediment control devices, shall not
begin until all sediment control devices have been installed and have been
stabilized. [33-5(A)(3)]
(d) Phasing may be required on all sites based on site specifics, with the size of
each phase to be established at plan review and as approved by the
Community Development Department. [33-5(A)(4)]
(e) Soil stabilization shall be completed within fourteen (14) days of clearing or
inactivity in construction. [33-5(A)(5)]
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (D) Construction Requirements
Page 232 City of Monticello Zoning Ordinance
(f) Final stabilization on all sites shall become established within six (6) months.
The City of Monticello may require the site to be reseeded or a non-vegetative
option employed. [33-5(A)(6)]
(g) Seeding shall be in accordance with the City's current seeding specification as
detailed in the Plan Requirements and Design Guidelines. All seeded areas
shall be fertilized, mulched, and disc anchored as necessary for seed retention.
[33-5(A)(7)]
(h) Special techniques that meet the design criteria outlined in Plan Requirements
and Design Guidelines shall be in place on steep slopes or in drainage ways
shall be used to ensure stabilization. [33-5(A)(8)]
(i) Soil stockpiles which shall be inactive for a period of seven (7) or more days
shall include provisions for perimeter sediment controls. The placement of
soil stockpiles adjacent to public rights-of-way or waterways is prohibited.
[33-5(A)(9)]
(j) The entire site must be stabilized to a minimum of 70% coverage, using a
heavy mulch layer or another method that does not require germination to
control erosion, at the close of the construction season. [33-5(A)(10)]
(k) Techniques shall be employed to prevent the blowing of dust or sediment
from the site. [33-5(A)(11)]
(l) Techniques that divert upland runoff past disturbed slopes shall be employed.
[33-5(A)(12)]
(2) Waterway and Watercourse Protection Requirements
The Permittee(s) shall implement the following waterway and watercourse
measures on the site: [33-5(B)]
(a) A temporary stream crossing installed and approved by the local government
unit and regulating agency if a wet watercourse will be crossed regularly
during construction. [33-5(B)(1)]
(b) Stabilization of the watercourse channel before, during, and within 24 hours
after any in-channel work. [33-5(B)(2)]
(c) All on-site stormwater conveyance channels designed according to the criteria
outlined in the Plan Requirements and Design Guidelines. [33-5(B)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (E) Inspection
City of Monticello Zoning Ordinance Page 233
(d) Stabilization adequate to prevent erosion located at the outlets of all pipes and
paved channels. [33-5(B)(4)]
(3) Pollution Prevention Management Measures
The Permittee(s) shall implement the following pollution prevention management
measures on the site: [33-5(C)]
(a) Solid Waste: Collected sediment, asphalt and concrete millings, floating
debris, paper, plastic, fabric, construction and demolition debris and other
wastes must be disposed of properly and must comply with MPCA disposal
requirements. [33-5(C)(1)]
(b) Hazardous Materials: Oil, gasoline, paint and any hazardous substances must
be properly stored, including secondary containment, to prevent spills, leaks
or other discharge. Restricted access to storage areas must be provided to
prevent vandalism. Storage and disposal of hazardous waste must be in
compliance with MPCA regulations. [33-5(C)(2)]
(c) External washing of trucks and other construction vehicles must be limited to
a defined area of the site. Runoff must be contained and waste properly
disposed of. No engine degreasing is allowed on site. [33-5(C)(3)]
(E) Inspection
(1) Notification
The Erosion Control Inspector shall make inspections as hereinafter required and
either shall approve that portion of the work completed or shall notify the
permittee wherein the work fails to comply with the Erosion and Sediment
Control Plan as approved. [33-6(A)]
(2) Procedure
The City shall inspect all permit sites once per week and within 24 hours after a
rain event. The City shall also require inspections at other development
benchmarks as follows and as applicable. To obtain inspections, the permittee
shall notify the City of Monticello at least one working day before the following:
[33-6(B)]
(a) Installation of sediment and erosion control measures [33-6(B)(1)]
(b) Start of construction or site development [33-6(B)(2)]
(c) Close of the construction season [33-6(B)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (F) Site Maintenance
Page 234 City of Monticello Zoning Ordinance
(d) Completion of final stabilization/landscaping [33-6(B)(4)]
(e) Removal of erosion control measures [33-6(B)(5)]
(f) Final project compliance and acceptance close-out [33-6(B)(6)]
(3) Material Requirements
Seed tags shall be submitted to the Erosion Control Inspector for approval prior to
commencing work. Proof of application rates shall be provided. [33-6(C)]
(4) Permitee Inspection
The permittee or his/her agent shall also make regular inspections of all control
measures in accordance with the inspection schedule outlined on the approved
Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections
will be to determine the overall effectiveness of the control plan and the need for
additional control measures. All inspections shall be documented in written form
and submitted to the City of Monticello at the time interval specified in the
approved permit. [33-6(D)]
(5) Authorization
A member of the Community Development Department shall enter the property of
the applicant as deemed necessary to make regular inspections to ensure the
validity of the reports filed under Section 4.9(E)(4). [33-6(E)]
(F) Site Maintenance
(1) Responsibilities
(a) Within 24 hours, the permittee shall clean dirt and debris from streets that has
resulted from construction work by the Developer, home builders,
subcontractors, their agents or assigns. Prior to any construction in the plat, the
Developer shall provide the Community Development Department with a
schedule for erosion and sediment control inspection, street cleaning, and street
sweeping. [33-7(A)]
(b) No development, utility or street construction will be allowed and no Building
Permits will be issued unless the development is in full compliance with the
requirements of this Ordinance. [33-7(B)]
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (H) Enforcement
City of Monticello Zoning Ordinance Page 235
(G) Certification
(1) Approved Grading, Drainage and Erosion Control Plan
Plans for grading, stripping, excavating, and filling work bearing the stamp of
approval of the Community Development Department, as applicable, shall be
maintained at the site during the progress of the work. [33-8(A)]
(2) As-built Grading Plan and Development Plan
Within thirty (30) days after completion of site development as per the approved
Grading, Drainage and Erosion Plan, and prior to the approval of individual
building permits, the Developer shall provide the City with an As Built Grading
Plan and Development Plan as defined in the City of Monticello Plan
Requirements and Design Guidelines. [33-8(B)]
(3) Procedure
The City will withhold issuance of building permits until the approved certified
As-Built Grading Plan and As-Built Development Plan are on file with the City,
all securities as required by this ordinance are received, conservation easement
posts are installed, and all erosion control measures are in place as determined by
the Community Development Department. [33-8(C)]
(4) Removal of Erosion Control Measures
The above specified requirements will be authorized for removal upon the
sodding of the rear yards, completion of punch list items involving ponds and
slopes, final stabilization, completion of proper turf establishment and placement
of the proper conservation easement posts and signs as specified. Inspection is
required after the removal of erosion control measures to verify proper restoration.
Please refer to City of Monticello Plan Requirements and Design Guidelines for
specifications. [33-8(D)]
(H) Enforcement
(1) Notice of Violation
If the Grading permittee fails to meet or maintain sediment and erosion control
measures per the Approved Grading, Drainage and Erosion Control Plan, the City
shall issue a Notice of Violation. The Notice of Violation shall detail the default and
prescribe a remedy and required schedule for compliance. [33-9(A)(1)]
CHAPTER 4: FINISHING STANDARDS
Section 4.10 Grading, Drainage, & Erosion Control
Subsection (H) Enforcement
Page 236 City of Monticello Zoning Ordinance
(2) Lapse and Order for Work
(a) If the Grading permittee fails to meet or maintain sediment and erosion control
measures per the Approved Grading, Drainage and Erosion Control Plan, the
City may, in its discretion, perform the work or contract to have the work
completed and draw down on the security to pay any costs. [33-9(B)(1)]
(b) The City will endeavor to notify the Developer in advance of any proposed
action, but failure of the City to do so will not affect the Developer's and City's
rights or obligations hereunder. [33-9(B)(2)]
(3) Stop Work Order / Revocation of Grading Permit
In the event that any person holding a Grading Permit pursuant to this ordinance
violates the terms of the permit or implements site development in such a manner
as to materially adversely affect the health, welfare, environment, or safety of
persons residing or working in the neighborhood or development site so as to be
materially detrimental to the public welfare or injurious to property or
improvements in the neighborhood, the City of Monticello may suspend or revoke
the Grading Permit through the issuance of a stop work order or the revocation of
the Grading or Building Permit. [33-9(C)(1)]
(4) Violation and Penalties
(a) No person shall construct, enlarge, alter, repair, or maintain any grading,
excavation, or fill, or cause the same to be done, contrary to or in violation of
any terms of this ordinance. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and each day during
which any violation of any of the provisions of this ordinance is committed,
continued, or permitted, shall constitute a separate offense. [33-9(D)(1)]
(b) Upon conviction of any such violation, such person, partnership, or
corporation shall be punished by a fine as specified by the City ordinance for
fee schedule for each offense. In addition to any other penalty authorized by
this section, any person, partnership, or corporation convicted of violating any
of the provisions of this ordinance shall be required to bear the expense of
such restoration. [33-9(D)(2)]
Section 2.4(N):
Grading, Drainage,
and Erosion Control
Permits
CHAPTER 4: FINISHING STANDARDS
Section 4.11 Building Materials
Subsection (C) Residential District Requirements
City of Monticello Zoning Ordinance Page 237
4.11 Building Materials
(A) Purpose
The purpose of these regulations is to enhance the quality and longevity of buildings in
all zoning districts of the City, and to protect citizen investments in property value by
ensuring complementary building style, construction, and appearance. [3-2(O)(intro)]
(B) General Requirements
(1) Consistency required
In all districts, all buildings shall be finished on all sides with consistent
architectural quality, materials, and design. [3-2(B)(4 paragraph 1)]
(2) New materials
In recognition of the ever-changing marketplace for new finishing materials, the
Community Development Department may authorize the use of materials not
listed herein if it is determined that such a material is substantially similar or
superior to one or more of the approved building materials.
(C) Residential District Requirements
(1) All Residence Districts
No metal siding shall be permitted wider than 12 inches or without a one-half
(1/2) inch or more overlap and relief. [3-2(B)(3)(d)]
(2) R-1 District
A minimum of 15% of the front building façade of any structure in the R-1
District 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.
Structures with front facades covered by at least 70% stucco or real wood may
reduce the brick or stone coverage to 5%. The Community Development
Department may approve optional facade treatments when additional architectural
detailing so warrants. Such detailing may include usable front porches,
extraordinary roof pitch or other features. [3-2(B)(4 paragraph 2)]
CHAPTER 4: FINISHING STANDARDS
Section 4.11 Building Materials
Subsection (D) Business District Requirements
Page 238 City of Monticello Zoning Ordinance
(3) R-A and T-N Districts
A minimum of 20% of the front building façade of any structure in the R-A or T-
N zoning district 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. Structures with front facades covered by at least 70% stucco or real
wood may reduce the brick or stone coverage to 10%. [3-2(B)(4 paragraph 3)]
(D) Business District Requirements
In all Business Zoning Districts (see table 3-1), the following building materials
standards shall apply. [3-2(O)(intro)]
(1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings,
except those specifically designed to have a corrosive designed finish such
as“corten” steel, shall be permitted in the districts listed herein. [3-2(O)(1)]
(2) Buildings in these zoning districts shall maintain a high standard of architectural
and aesthetic compatibility with conforming surrounding properties to ensure that
they will not adversely impact the property values of the abutting properties and
shall have a positive impact on the public health, safety, and general welfare,
insofar as practicable. [3-2(O)(2)]
(3) Exterior building finishes in the districts subject to this Section shall consist of
materials compatible in grade and quality to the following:
(a) Brick
(b) Natural Stone
(c) Decorative rock face or concrete block
(d) Cast-in-place concrete or pre-cast concrete panels
(e) Wood, provided that the surfaces are finished for exterior use and wood of
proven exterior durability is used, such as cedar, redwood, or cypress
(f) Glass
(g) Exterior Insulated Finish systems, where said system is manufactured to
replicate the look of one of the approved building materials in this section
(h) Stucco[3-2(O)(3)]
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (A) Purpose
City of Monticello Zoning Ordinance Page 239
(4) Metal exterior finishes shall be permitted only where coordinated into the overall
architectural design of the structure, such as in window and door frames, mansard
roofs or parapets, and other similar features, and in no case shall constitute more
than 15% of the total exterior finish of the building. [3-2(O)(4)]
(E) Industrial Requirements
(1) In the Industrial and Business Campus District (IBC), the Light Industrial District
(I-1) and the Heavy Industrial District (I-2), the following building materials and
standards shall apply:
(a) Any exposed metal or fiberglass finish on all buildings shall be limited to no
more than fifty (50) percent of any one wall if it is coordinated into the
architectural design. Any metal finish utilized in the building shall be
aluminum of twenty-six (26) gauge steel, the roof slope shall be limited to a
maximum of one (1) in twelve (12) slope. [15A-5(B)(1)]
(b) All buildings constructed of curtain wall panels of finished steel, aluminum,
or fiberglass shall be required to be faced with brick, wood, stone,
architectural concrete cast in place or pre-cast panels on all wall surfaces.
[15A-5(B)(2)]
(2) In the Light Industrial (I-1) and Heavy Industrial (I-2) districts, the following
building materials and standards shall apply:
RESERVED
(F) Institutional Requirements
All institutional uses shall adhere to the building materials requirements spelled out for
commercial districts in Section 4.11(D) above.
4.12 Wind Energy Conversion Systems (WECS)
(A) Purpose
The purpose of this section is to regulate the installation and operation of Wind Energy
Conversion Systems (WECS) within the City of Monticello not otherwise subject to
siting and oversight by the State of Minnesota under the Minnesota Power Plant Siting
Act (MN Statutes Chapter 216E)
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (B) WECS Requirements
Page 240 City of Monticello Zoning Ordinance
(B) WECS Requirements
(1) General Standards
(a) Number per Lot
No more than one (1) WECS per lot shall be permitted.
(b) Height and Setbacks
In all Zoning Districts, the setback of any WECS or associated structures shall
comply with the minimum yard requirements for principal structures within
the district in which the WECS is to be located or the distance of 1.1 times the
total height, whichever is greater.
(c) Tower configuration
(i) All wind turbines which are part of a Commercial WECS shall be
installed with a tubular, monopole type tower;
(ii) All Non-Commercial WECS shall be installed with monopole or lattice
tower type;
(iii) No guyed towers shall be permitted.
(d) Color and Finish
(i) All wind turbines and towers that are part of a Commercial WECS shall
be white, grey or another non-obtrusive color.
(ii) Finishes shall be matte or non-reflective.
(iii) Blades may be black in order to facilitate deicing.
(e) Lighting
(i) Lighting, including lighting intensity and frequency of strobe, shall
adhere to but not exceed requirements established by Federal Aviation
Administration (FAA) permits and regulations.
(ii) Red strobe lights are preferred for night-time illumination to reduce
impacts on migrating birds; red pulsating incandescent lights should be
avoided.
(f) Other Signage
All signage on site shall comply with City Code section 6.7. The
manufacturer’s or owner’s company name and/or logo may be placed upon
the nacelle (compartment containing the electrical generator) of the WECS.
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (B) WECS Requirements
City of Monticello Zoning Ordinance Page 241
(g) Feeder Lines
All communications and feeder lines, equal to or less than 34.5 kV in
capacity, installed as part of a WECS shall be buried where reasonably
feasible. Feeder lines installed as part of a WECS shall not be considered an
essential service.
(h) Shadow Flicker
Shadow flicker may not exceed 30 hours per year and shall not fall more than
10 feet from an existing residential property.
(i) Waste Disposal
Solid and Hazardous wastes, including but not limited to crates, packaging
materials, damaged or worn parts, as well as used oils and lubricants, shall be
removed from the site promptly and disposed of in accordance with all
applicable local, state and federal regulations.
(j) Discontinuation and Decommissioning
(i) A WECS shall be considered a discontinued use after 45 days without
energy production, unless a plan is developed and submitted to the City of
Monticello outlining the steps and schedule for returning the WECS to
service. All WECS and accessory facilities shall be completely removed
within 90 days of the discontinuation of use.
(ii) Each Commercial WECS shall have a Decommissioning plan outlining
the anticipated means and cost of removing WECS at the end of their
serviceable life or upon becoming a discontinued use. The cost estimates
shall be made by a competent party; such as a Professional Engineer, a
contractor capable of decommissioning or a person with suitable expertise
or experience with decommissioning. A security or bond in an amount
sufficient to cover complete decommissioning process shall be
required as a condition of the conditional use permit.
(k) Orderly Development
Upon issuance of a conditional use permit, all Commercial WECS shall notify
the appropriate state agencies as may be required by State Statute (e.g.
Department of Commerce, Public Utilities Commission, Environmental
Quality Board).
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (B) WECS Requirements
Page 242 City of Monticello Zoning Ordinance
(2) Safety Design Standards
(a) Engineering Certification
For all WECS, the manufacture’s engineer or another qualified engineer shall
certify that the turbine, foundation and tower design of the WECS is within
accepted professional standards, given local soil and climate conditions.
(b) Clearance
Rotor blades or airfoils must maintain at least 12 feet of clearance between
their lowest point and the ground.
(c) Warnings
For all Commercial WECS, a sign or signs shall be posted on the tower,
transformer and substation warning of high voltage. Signs with emergency
contact information shall also be posted on the turbine or at another suitable
location as determined by the City.
(d) Unauthorized Climbing
The WECS shall be guarded against unauthorized climbing. The first twelve
(12) feet of the tower shall be non-climbable by design or be enclosed by a six
(6) foot high, non-climbable fence with a secured access.
(3) WECS Performance Standards
(a) Noise
All WECS shall comply with Minnesota Rules 7030 governing noise and
Section 5.2(A)(2)(f) of this ordinance.
(b) Electrical codes and standards
All WECS and accessory equipment and facilities shall comply with the
National Electric Safety Code and other applicable standards.
(c) Federal Aviation Administration
All WECS shall comply with FAA standards and permits.
(d) Minnesota State Building Code
All WECS shall comply with the International Building Code as adopted by
the State of Minnesota Building Code.
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (B) WECS Requirements
City of Monticello Zoning Ordinance Page 243
(e) Interference
(i) The applicant shall minimize or mitigate interference with
electromagnetic communications, such as radio, telephone, microwaves,
or television signals cause by any WECS.
(ii) The applicant shall notify all communication tower operators within two
miles of the proposed WECS location upon application to the City for a
WECS permit.
(iii) No WECS shall be constructed so as to interfere with any governmental
unit microwave transmissions.
(f) Right of Entrance
Through acceptance of a conditional use permit for a WECS, the
owner/operator grants permission to the City to enter the property to remove
the WECS pursuant to the terms of the conditional use permit and to assure
compliance with other conditions set forth in the permit.
(g) Avoidance and mitigation of damages to infrastructure and utilities
(i) Roads
1. Applicants shall identify all county, City or township roads to be used
for the purpose of transporting commercial WECS, substation parts,
concrete, and/or equipment for construction, operation or
maintenance of the commercial WECS and obtain applicable weight
and size permits from the impacted road authority(ies) prior to
construction.
2. Applicants shall be responsible for restoring or paying damages as
agreed to by the applicable road authority(ies) sufficient to restore the
road(s) and bridges to preconstruction conditions.
(ii) Drainage system
The applicant shall be responsible for immediate repair of damage to
public drainage systems stemming from construction, operation or
maintenance of the WECS.
(iii) Public and Private Utilities
The owner of the WECS is responsible for any damage to any below
grade public or private utilities, due to the installation, operation,
decommissioning, or action otherwise resulting for any WECS.
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (D) WECS Permit and Site Plan Application Requirements
Page 244 City of Monticello Zoning Ordinance
(C) Required Permits
No person, firm or corporation shall erect, construct in place, re-erect, replace or make
structural repairs to any tower without making application for and receiving an
approved conditional use or site plan approval and building permit, when applicable. In
all cases, review by the Community Development Department for all required permits
will be necessary. Site Plans and Conditional Use Permits shall be applied for and
reviewed under the applicable procedures established in Chapter 2 of this ordinance.
(D) WECS Permit and Site Plan Application Requirements
(1) All applications for a WECS conditional use and/or site plan review shall provide
the following to be considered complete:
(a) The names of project applicant;
(b) The name of the property owner;
(c) The legal description AND address of the project;
(d) A description of the project including:
(i) Number of proposed units;
(ii) Type of units proposed for construction;
(iii) Name plate generating capacity of each unit;
(iv) Rotor diameter(s);
(v) Tower height(s) determined by the distance from the surrounding grade to
the rotor hub or top of the tower, whichever is higher; and
(vi) Total height of all wind turbines and means of interconnecting with the
electrical grid.
(e) Property Survey, including the location of property lines, wind turbines,
electrical wires, interconnection points with the electrical grid, and all related
accessory structures. The survey shall include distances and be drawn to a
measurable scale.
(f) Evidence that the applicant can obtain and maintain adequate liability
insurance for the WECS and subject property;
(g) Engineer’s Minnesota State certification and project design specifications;
(h) Documentation of land ownership or legal control of the property.
CHAPTER 4: FINISHING STANDARDS
Section 4.12 Wind Energy Conversion Systems (WECS)
Subsection (D) WECS Permit and Site Plan Application Requirements
City of Monticello Zoning Ordinance Page 245
(2) Additional Submittal Requirements for Commercial WECS only:
(a) The latitude and longitude of individual wind turbines;
(b) A USGS topographical map, or map with similar data, of the property and
surrounding area, including any other WECS within 10 rotor diameters of the
Proposed WECS;
(c) Location of wetlands, scenic, and natural areas including bluffs within 1,320
feet of the proposed WECS;
(d) FAA Permit Application;
(e) Location of all known Communications Towers within two (2) miles of the
proposed WECS;
(f) Proof that the WECS will not interfere with emergency or other microwave
transmission;
(g) A noise study, prepared by a qualified professional, that demonstrate that
except for intermittent episodes, the WECS shall not emit noise in excess of
the limits established in Minnesota Rules 7030 governing noise and Section
5.2(A)(2)(f) of this ordinance, as applicable.
(h) A shadow flicker model that demonstrates that shadow flicker shall not fall
on, or in, any existing residential structure. Shadow flicker expected to fall on
a roadway or a portion of a residentially zoned property may be acceptable if
the flicker does not exceed 30 hours per year; and the flicker will fall more
than 100 feet from an existing residence; or the traffic volumes are less than
500 vehicles (ADT). The shadow flicker model shall:
(i) Map and describe with a 1,000 foot radius of the proposed dispersed wind
energy system the topography, existing residences and location of their
windows, location of other structures, wind speeds and directions,
existing vegetation and roadways. The model shall represent the most
probable scenarios of wind constancy, sunshine constancy, and wind
directions and speed;
(ii) Calculate the locations of shadow flicker caused by the proposed project
and the expected durations of the flicker at these locations, calculate the
total number of hours per year of flicker at all locations;
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (A) Purpose
Page 246 City of Monticello Zoning Ordinance
(iii) Identify problem areas where shadow flicker will interfere with existing
or future residences and roadways and describe proposed mitigation
measures, including, but not limited to, a change in siting of the WECS, a
change in the operation of the WECS, or grading or landscaping
mitigation measures.
(i) Decommissioning Plan; and
(j) Description of potential impacts on nearby WECS and wind resources on
adjacent properties.
4.13 Telecommunication Towers and Antennas
(A) Purpose
The City of Monticello acknowledges the legal right of telecommunication providers to
locate within the City, and the need to accommodate the communication needs of
residents and businesses. However, the City wishes to implement its legal authority to
adopt zoning requirements which are nondiscriminatory, not intended to prohibit
telecommunications service, and not based on health effects of radio frequency
emissions. In order to establish uniform, nondiscriminatory regulations that protect the
public health, safety and general welfare of the City, these regulations are intended to:
(1) Minimize adverse visual effects of towers through careful design, landscaping,
and siting standards.
(2) Avoid potential damage to adjacent properties from tower failure and weather
related occurrences through structural standards and setback requirements;
(3) Maximize the use of existing and approved towers and buildings to accommodate
new telecommunication antennas in order to reduce the number of towers needed
to serve the community;
(4) Utilize business, industrial and public land, buildings and structures for
telecommunications whenever possible and/or appropriate;
(5) Provide for the appropriate location and development of towers and antennas to
accommodate the communication needs of the residents and businesses within the
City of Monticello;
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (B) New Tower Requirements
City of Monticello Zoning Ordinance Page 247
(B) New Tower Requirements
(1) Prerequisite
A proposal for a new telecommunications tower shall not be approved unless it
can be documented by the applicant to the satisfaction of the City that the
telecommunications equipment planned for the proposed tower cannot be
accommodated on an existing or approved tower or structure within a one (1) mile
radius of the proposed tower—transcending all municipal boundaries—due to one
or more of the following reasons:
(a) The planned equipment would exceed the structural capacity of an existing or
approved tower or building, as documented by a licensed professional
engineer, and any existing or approved tower or structure cannot be
reinforced, modified, or replaced to accommodate planned or equivalent
equipment at a reasonable cost.
(b) The planned equipment would cause interference with other existing or
planned equipment at the tower or structure.
(c) Existing or approved towers and structures within a one (1) mile radius cannot
accommodate the planned equipment at a height necessary for reasonable
function.
(d) The applicant has demonstrated that location of the antennas, as proposed is
necessary to provide adequate coverage and capacity to areas which cannot be
adequately served by locating the antennas in a less restrictive district or an
existing structure. Information provided as part of the capacity analysis, that
is a trade secret, pursuant to Minnesota Statute 13.37, shall be classified as
non-public data.
(e) Other unforeseen reasons that make it unfeasible to locate the
telecommunications equipment upon an existing or approved tower or
building.
(2) Future Co-location sites required
New antenna support structures shall be designed so as to accommodate other
users including but not limited to other personal wireless communications service
companies. The applicant shall demonstrate to the satisfaction of the City that
opportunities will be made available for co-locating other antennas on the antenna
support structure. [3-12(AC)(1)]
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (C) General Requirements
Page 248 City of Monticello Zoning Ordinance
(C) General Requirements
The following general requirements shall apply to all telecommunication towers:
(1) Siting Provisions
(a) Antennas shall be located on existing buildings and structures, if possible. [3-
12(AB)(1 paragraph 1)]
(b) No part of any tower or antenna, nor any lines, cables, equipment, wires or
braces shall at any time extend across or over any part of the right-of-way of a
public street or a property line unless approved by the City in conjunction
with a conditional use permit.
(c) No tower shall be located within any utility or drainage easement.
[3-12(AB)(2 paragraph 2)]
(d) If a tower is proposed to be within a park or golf course, the tower must be
deemed compatible with the nature of the park or course.
(e) If a tower is proposed to be located within a parking lot, the required
monopole must replicate or substantially blend with the overall lighting
standards of the parking lot.
(2) Setbacks
(a) In all zoning districts, the setback of any tower or antenna shall comply with
the minimum setback requirements of the district in which the tower is to be
located, or the distance determined as the fall zone of the tower by a licensed
professional engineer, whichever is greater. [3-12(AB)(6)] and [3-12(AB)(2
paragraph 1)]
(b) In all Zoning Districts, no monopole shall be located within two hundred fifty
(250) feet of an existing residence, or the proposed home location on an
approved Preliminary Plat. No other type of tower shall be located within
five hundred (500) feet of an existing residence, or the proposed home
location of an approved preliminary plat. [3-12(AB)(6)]
(c) Guy wires and anchors need not meet the required setbacks, but such wires
shall be located on the principal property (property on which tower is located)
unless otherwise authorized by a conditional use permit per the siting
provisions in Section 4.13(C)(1)(b) above.
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (C) General Requirements
City of Monticello Zoning Ordinance Page 249
(d) All towers shall be located in the side or rear yard of a principal structure of a
property, whenever applicable.
(3) Height Related Requirements
(a) Towers located on existing buildings and structures
(i) Antenna Height: Antennas shall not extend more than ten (10) feet above
the highest part of the building or structure to which they are attached nor
more than ten (10) feet above the highest roof elevation. [3-12(AB)(3)(a)]
(ii) Antenna Support Structure Heights: Except as permitted by conditional
use permit, antenna support structures shall not exceed ten (10) feet in
height above the maximum allowable building height for the zoning
district in which the antenna support structure is located.
[3-12(AB)(3)(b)]
(b) Freestanding Towers
(i) Within a non-residence zoning district, no tower shall exceed two
hundred (200) feet in height, including the extension of any antenna or
apparatus. Within a residence zoning district, no tower shall exceed one
hundred fifty (150) feet in height including the extension of any antenna
or apparatus.
(ii) Proposed towers up to one hundred twenty-five (125) feet tall shall be
designed structurally, and in all other respects, to accommodate both the
applicant’s antenna and compatible antennas for at least one (1) other
wireless provider. Towers in excess of one hundred twenty-five (125)
feet shall provide for a minimum of three (3) wireless users. Towers must
be designed to allow for future arrangement of antennas upon the tower,
to accept antennas mounted at suitable heights, and to locate all ground
equipment of each provider within a single enclosed structure.
(4) Design
(a) Telecommunication towers shall be of a monopole design. This provision
does not apply to amateur (short wave) radio towers or commercial and public
radio or television towers.
(b) No advertising or identification of any kind intended to be visible from the
ground or other structures is permitted, except applicable warning and
equipment information signage required by the manufacturer or by federal,
state, or local authorities.
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (C) General Requirements
Page 250 City of Monticello Zoning Ordinance
(c) All towers, antennas, and accessory structures shall be in compliance with all
City and State Building Codes, as applicable, and shall obtain all necessary
permits.
(d) Structure design, mounting and installation of the tower and/or antenna(s)
shall be in compliance with the manufacture’s specifications, and installation
plans shall be approved and certified by a licensed professional engineer.
(e) Tower and antennas shall be grounded for protection against a direct strike by
lightning and shall comply, as to electrical wiring and connections, with all
applicable provisions of all State codes. [10-8(L)(7)]
(f) All towers shall be constructed of corrosive-resistant steel or other corrosive-
resistant, non-combustible materials.
(g) All towers, tower anchors and tower accessory buildings, shall be surrounded
by security fences six (6) feet in height with a locked gate unless waived by
the City Council. The City Council may require that a monopole be fenced.
[3-12(AB)(4)]
(h) All transmitting, receiving and switching equipment shall be housed within a
structure or cabinet whenever possible, and shall adhere to the following:
(i) If a new tower accessory building is necessary to house such equipment,
it shall be architecturally designed to blend in with the surrounding
environment, and shall be screened from view by landscaping as deemed
necessary by the City Council. [3-12(AB)(5)]
(ii) Accessory equipment associated with a rooftop antenna, satellite dishes,
or wall antenna shall be located within the building, cabinet, or within a
roof or ground enclosure which is constructed of materials and color
scheme compatible with the principal building.
(iii) All transmitting, receiving and switching equipment located on City
property shall be housed within a structure or cabinet. It shall be
architecturally designed to blend in with the surrounding environment,
and shall be screened from view by landscaping consistent with (insert
applicable screening section here).
(iv) Towers located within 1000’ feet of the FiberNet Monticello Co-Location
Building shall be required to locate all transmitting, receiving and
switching equipment within the FiberNet Monticello Co-Location
Building.
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (C) General Requirements
City of Monticello Zoning Ordinance Page 251
(i) The tower shall have an exterior galvanized finish of lighter blue, gray or
other color which minimizes visibility off-site, unless otherwise required by
FAA regulations. [3-12(AB)(8)]
(j) Lights and Attachments
(i) No tower or antenna shall have lights, reflectors, flashers, daytime strobe
lights, night-time red lights, or other illuminating devices affixed or
attached, unless required by the FAA or FCC.
(ii) Towers shall not be illuminated by artificial means.
(iii) No tower shall have constructed thereon, or attached thereto, in any way,
any platform, catwalk, crow’s nest, or like structure, except during
periods of construction or repair.
(iv) When incorporated into the approved design of the tower, light fixtures
used to illuminate ball fields, parking lots, or similar areas may be
attached to the tower. [3-12(AB)(9)]
(k) Any tower, antenna and related equipment shall comply with all federal, state
and local regulations. [3-12(AB)(10)]
(5) Site Landscaping
(a) Existing vegetation on the site shall be preserved to the maximum extent
possible.
(b) Gravel or other durable surface, or other weed prevention measures, shall be
applied within the fenced area surrounding the tower and anchors to prevent
the growth of weeds, if required by the City Council.
(6) Non-Interference
(a) No provider shall interfere with the operation of radios, televisions,
telephones, facsimile machines, computer modems, telephone answering
machines, and other electronic devices. Any such interference shall be
corrected as soon as possible by the provider. [10-8(L)(9)]
(b) No new or existing telecommunications service shall interfere with public
safety telecommunications. Before the introduction of new service or changes
in existing service, telecommunication providers shall notify the City at least
ten (10) calendar days in advance of such changes and allow the City to
monitor interference levels during the testing process. All costs incurred by
the City to monitor interference levels during the testing process shall be paid
to the City by the applicant.
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (D) Specific Antenna Provisions
Page 252 City of Monticello Zoning Ordinance
(7) Agreements
(a) All communication towers, antennas, accessory structures, and associated
equipment shall be insured against injury or property damage caused by
structural failure of the tower or associated equipment. The applicant shall
provide proof of such insurance prior to receiving a permit.
(b) A signed lease, memorandum of lease, or document requiring the removal of
towers and antennas shall be provided to the City.
(c) When applicable, written authorization for tower and antenna erection shall be
provided by the property owner.
(8) Outside Review
The Community Development Department is authorized to employ, on behalf of
the City, an independent technical expert to review technical materials submitted
by the applicant, or to determine if additional information is necessary. The
applicant shall pay the cost of such review and/or independent analysis.
(D) Specific Antenna Provisions
(1) Existing Antenna Changes
The adjustment, placement, or replacement of the elements of an antenna array
affixed to an approved tower or antenna is permitted provided a building permit is
issued and proper licensing is secured.
(2) Co-Locations
Antenna Co-Locations are a permitted use upon issuance of a building permit for
the following locations:
(a) Water towers over 250,000 gallon capacity;
(b) Co-location on existing telecommunications towers;
(c) Sides or roofs of structures over two stories;
(d) Church steeples;
(e) Existing power or phone pole structures (expansion of pole height shall not
exceed 1/10th of the existing pole height);
(f) Existing towers supporting amateur radio antennas in the agricultural district.
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (G) Specific Personal Wireless Communications Service Antenna Provisions
City of Monticello Zoning Ordinance Page 253
(E) Specific Amateur Short Wave Antenna Provisions
All amateur short wave antennas shall require authorization through a conditional use
permit following the provisions of Section 2.4(D) of this ordinance and shall meet the
following additional requirement: [3-12(AC)]
(1) Antenna support structures used in the federally licensed amateur radio service
shall not exceed a maximum of seventy (70) feet above grade. [3-12(AC)(4)]
(F) Specific Radio/Television Broadcast Transmission Antenna Provisions
All radio/television broadcast transmission antennas shall require authorization through
a conditional use permit following the provisions of Section 2.4(D) of this ordinance
and shall meet the following additional requirements: [3-12(AC)]
(1) Antenna support structures for radio and television broadcast transmission
antennas shall only be located in the I-1 and I-2 zoning districts; [3-12(AC)(3)]
(2) Antenna support structures for radio and television broadcast transmission
antennas shall not exceed one hundred sixty-five (165) feet in height.
[3-12(AC)(3)]
(G) Specific Personal Wireless Communications Service Antenna Provisions
Antenna support structures for personal wireless communication systems shall be
allowed as conditional uses provided: [3-12(AC)(5)]
(1) Minimum spacing between personal wireless communications service antenna
support structures shall be 1/4 mile. [3-12(AC)(5)(a paragraph 1)]
(2) Based upon information provided by the applicant, the City Council may grant
exceptions if the City Council determines that any one of the following reasons
makes it impractical to locate the planned personal wireless communications
service equipment upon an existing antenna support structure within 1/4 mile of
the proposed site: [3-12(AC)(5)(a paragraph 2)]
(a) No existing building, structure, or antenna support structure meets the
structural or height requirements, or [3-12(AC)(5)(a)(1)]
(b) No existing building, structure, or antenna support structure meets the
frequency reuse and spacing needs of the personal wireless communication
system, or [3-12(AC)(5)(a)(2)]
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (I) Submittal Requirements
Page 254 City of Monticello Zoning Ordinance
(c) The location of the proposed new antenna support structure is necessary as
demonstrated by the applicant, who shall provide to the City Council evidence
demonstrating that the planned equipment would cause interference,
materially impacting the usability of other existing or planned equipment at
the antenna support structure, and the interference cannot be prevented at a
reasonable cost. [3-12(AC)(5)(a)(3)]
(3) All new antenna support structures for personal wireless communication system
antennas shall be a single ground mounted metal, concrete, or plastic composite
(i.e., fiberglass, graphite fiber, etc.) pole. Such antenna support structures shall
not exceed seventy-five (75) feet in height in Residential and Business zoning
districts (see table 3-1), and shall not exceed one hundred sixty-five (165) feet in
height in Industrial zoning districts (see table 3-1). [3-12(AC)(5)(b)]
(H) Required Permits
No person, firm or corporation shall erect, construct in place, re-erect, replace or make
structural repairs to any tower without making application for and receiving an
approved conditional use permit if applicable and a building permit. In all cases, review
by the Community Development Department for all required permits will be necessary.
[3-12(AB)(1 paragraph 1)]
(I) Submittal Requirements
Applications for either a building permit or conditional use permit shall include the
following:
(1) The legal description of the property on which the tower is to be located;
(2) A certified survey of the property showing the tower location and related
facilities, along with any other information deemed necessary by the Community
Development Department;
(3) One or more color computer generated photographs depicting the proposed tower
located on the site;
(4) If a co-locator, information on non-interference;
(5) Information on non-interference with public safety telecommunications;
(6) Proof of insurance against injury and property damage;
(7) Written authorization by the owner of the land for the tower construction;
Section 2.4(D):
Conditional Use
Permits
Section 2.4(I):
Building Permits
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (I) Submittal Requirements
City of Monticello Zoning Ordinance Page 255
(8) A recordable agreement, lease or other instrument imposing liability and
responsibility upon the owner of the property and the owner of the tower for the
removal of the tower upon cessation of use;
(9) Documentation that the telecommunications equipment planned for the proposed
tower cannot be accommodated on an existing or approved tower or structure
within one (1) mile radius;
(10) A plan illustrating all known future location sites for telecommunication towers
and/or antennas;
(11) Information to indicate that construction, installation, and maintenance of the
tower will not create a safety hazard or damage to adjacent properties;
(12) Copies of all required federal, state and local licenses;
(13) A capacity analysis and coverage analysis, as required, prepared by a qualified
radio frequency analyst, showing alternate sites considered and the proposed
tower site is necessary to meet the needs of the system, and that the tower cannot
be located in a less restrictive district, or be accommodated by co-location on an
existing tower or structure;
(14) A landscape and/or screening plan (if necessary); and
(15) A Decommissioning plan outlining the anticipated means and cost of removing
the tower and antennas at the end of their serviceable life or upon becoming a
discontinued use. The cost estimates shall be made by a competent party; such as
a Professional Engineer, a contractor capable of decommissioning or a person
with suitable expertise or experience with decommissioning.
(16) A security or bond in an amount sufficient to cover complete decommissioning
process outlined in the decommissioning plan.
(17) Any additional information as deemed necessary by the Community Development
Department.
CHAPTER 4: FINISHING STANDARDS
Section 4.13 Telecommunication Towers and Antennas
Subsection (J) Removal of Abandoned or Unused Towers or Portions of Towers
Page 256 City of Monticello Zoning Ordinance
(J) Removal of Abandoned or Unused Towers or Portions of Towers
Any tower and/or antenna which is not used for six (6) successive months shall be
deemed abandoned and may be required to be removed from the property. All
abandoned or unused towers and associated facilities shall be removed within twelve
(12) months of the cessation of operations at the site unless a time extension is approved
by the City Council. After the facilities are removed, the site shall be restored to its
original or an improved state. If a tower is not removed within twelve (12) months after
the cessation of operations at a site, the tower and associated facilities may be removed
by the City and the costs of removal assessed against the property. The owner of the
tower and the owner of the property are both responsible for removal of the tower as
required by this section.
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 257
CHAPTER 5: USE STANDARDS
5.1 Use Table
(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; Office Use; 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.
(b) Use Types
The specific Use Types identify the specific uses that are considered to fall
within characteristics identified in the use Classifications. For example;
detached dwellings, parks and recreational areas, and schools are “Use Types”
in the Single Family Residence District.
(2) Symbols used in Table 5-1
(a) Permitted Uses = P
A “P” indicates that a use is permitted by right, subject to compliance with all
other applicable provisions of this ordinance. Uses may be subject to special
regulations as referenced in the “Additional Requirements” column.
(b) Conditionally Permitted Uses = C
A “C” indicates that a use is permitted provided the City can establish
conditions necessary to ensure the use is compatible to the proposed location
and surrounding properties. Inability of the City to establish conditions to
adequately control anticipated impacts is justification for denial of a
conditionally permitted use. Conditional Uses may also be subject to special
regulations as referenced in the “Additional Requirements” column.
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 258 City of Monticello Zoning Ordinance
(c) Interim Permitted Uses = I
An “I” indicates that a use may be permitted for a brief period of time
provided certain conditions are met, and a specific event or date can be
established for discontinuance of the use. Inability of the City to establish
conditions to adequately control anticipated impacts is justification for denial
of an interim permitted use. Interim Permitted Uses may also be subject to
special regulations as referenced in the “Additional Requirements” column.
(d) Prohibited Uses = Shaded Cells
A shaded cell indicates that the listed use is prohibited in the respective base
zoning district.
(e) Unlisted Uses
If an application is submitted for a use that is not listed in Table 5-1, the
Community Development Department is authorized to classify the new or
unlisted use into an existing Use Type that most closely fits the new or
unlisted use. If no similar use determination can be made, the use will be
considered prohibited in which case an amendment to the ordinance text
would need to be initiated to clarify if, where, and how a proposed use could
be established. [1-8]
SPECIAL COLOR LEGEND
GREEN LETTERS = current code guidance
ORANGE LETTERS = currently allowed, but recommended change
BLUE LETTERS = not currently allowed, but recommended to add
BLACK LETTERS = new general use term (replaces specifics)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 259
TABLE 5-1: USES BY DISTRICT
Base Zoning Districts Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Additional
Requirements
Agricultural Uses
Agriculture P P P P P P P P P P P P P P P 5.2(B)(1)
Agricultural Sales P 5.2(B)(2)
Community Gardens P P P P P P P P P 5.2(B)(3)
Stables C 5.2(B)(4)
Residential Uses 5.2(C)(1)
Attached Dwelling Types 5.2(C)(2)(a)
- Duplex P 5.2(C)(2)(b)
- Townhouse C P 5.2(C)(2)(c)
- Multiple-Family C P C P 5.2(C)(2)(d)
Detached Dwelling P P P P P P None
Group Residential Facility,
Single Family P P P P P 5.2(C)(3)
Group Residential Facility,
Multi-family P P 5.2(C)(3)
Mobile & Manufactured Home /
Home Park C C P C C 5.2(C)(4)
Civic & Institutional Uses
Active Park Facilities (public) P P P P P P P P P P P P P P P None
Active Park Facilities (private) P P P P P P P 5.2(D)(1)
Assisted Living Facilities C P C P C 5.2(D)(2)
Cemeteries C C C C C C 5.2(D)(3)
Clinics C P P P C None
Essential Services P P P P P P P P P P P P P P P None
Hospitals C P P P C 5.2(D)(4)
Nursing/Convalescent Home C C C C C C C C P P P 5.2(D)(5)
Passenger Terminal C C C C C None
Passive Parks and Open Space P P P P P P P P P P P P P P P None
Public Buildings or Uses C C C C C C P C C P P P C P P 5.2(D)(6)
Schools, K-12 C C C C P C I I 5.2(D)(7)
Schools, Higher Education C C None
Place of Public Assembly C C C C P C 5.2(D)(8)
Utilities (major) C C C C C C C C C C C C C C C 5.2(D)(9)
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
Page 260 City of Monticello Zoning Ordinance
TABLE 5-1: USES BY DISTRICT
Base Zoning Districts Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Additional
Requirements
Office Uses
Offices P P P P P P P 5.2(E)
Commercial Uses
Adult Uses P 5.2(F)(1)
Auction House C 5.2(F)(2)
Auto Repair – Minor C C C P P 5.2(F)(3)
Automotive Wash Facilities P C C 5.2(F)(4)
Bed & Breakfasts C C C C C 5.2(F)(5)
Boarding House C 5.2(F)(6)
Business Support Services P P P P P none
Communications/Broadcasting P P P P 5.2(F)(7)
Convenience Stores C P P P 5.2(F)(8)
Country Club C 5.2(F)(9)
Day Care Centers C C P P P C 5.2(F)(10)
Entertainment/Recreation,
Indoor Commercial P P C C none
Entertainment/Recreation,
Outdoor Commercial C C C C 5.2(F)(11)
Financial Institution P P P 5.2(F)(12)
Funeral Homes P P P 5.2(F)(13)
Hotels or Motels C P C P 5.2(F)(14)
Kennels (commercial) C 5.2(F)(15)
Landscaping / Nursery Business P 5.2(F)(16)
Personal Services C P P P 5.2(F)(17)
Recreational Vehicle Camp Site C 5.2(F)(18)
Repair Establishment C P P P P P 5.2(F)(19)
Restaurants C P P C 5.2(F)(20)
Retail Commercial Uses (other) P P P 5.2(F)(21)
Specialty Eating Establishments C P P P none
Vehicle Fuel Sales C C C C 5.2(F)(22)
Vehicle Sales and Rental C C 5.2(F)(23)
Veterinary Facilities (Rural) C 5.2(F)(24)
Veterinary Facilities
(Neighborhood) C C C C 5.2(F)(24)
Wholesale Sales P P P none
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (A) General Regulations Applicable to All Uses
City of Monticello Zoning Ordinance Page 261
TABLE 5-1: USES BY DISTRICT
Base Zoning Districts Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Additional
Requirements
Industrial Uses
Auto Repair – Major C P P 5.2(G)(1)
Bulk Fuel Sales and Storage P P 5.2(G)(2)
Extraction of Materials I I I 5.2(G)(3)
General Warehousing C C P P 5.2(G)(4)
Heavy Manufacturing C 5.2(G)(5)
Industrial Services C P 5.2(G)(9)
Land Reclamation C C C C C C C C C C C C C C C 5.2(G)(6)
Light Manufacturing C P P P 5.2(G)(7)
Machinery/Truck Repair & Sales P P 5.2(G)(9)
Recycling and Salvage Center C C 5.2(G)(10)
Self Storage Facilities P C P 5.2(G)(11)
Truck or Freight Terminal C P P 5.2(G)(12)
Waste Disposal & Incineration C 5.2(G)(13)
Wrecker Services C P 5.2(G)(14)
5.2 Use-Specific Standards
(A) General Regulations Applicable to All Uses
(1) Combination Uses
In commercial and industrial base zoning districts, combination uses may be
allowed within the principal building with each use subject to all regulations in
this ordinance.
Table 3-1: Base
Zoning Districts
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (A) General Regulations Applicable to All Uses
Page 262 City of Monticello Zoning Ordinance
(2) Nuisances Prohibited
In addition to any nuisance provisions within City code, the following shall apply:
(a) Refuse and Garbage
(i) In all districts, all refuse, rubbish, or garbage shall be kept in an enclosed
building or properly contained in a closed container designed for such a
purpose.
(ii) The owner of vacant land shall be responsible for keeping the land free of
refuse, rubbish, or garbage.
(b) Glare
(i) Any lighting used to illuminate off-street parking area, sign, or other
structure, shall be arranged as to deflect light away from any adjoining
residential zone or from the public streets. [3-2(H)]
(ii) Direct or sky-reflected glare, where from floodlights or from high
temperature processes such as combustion or welding, shall not be
directed into any adjoining property. [3-2(H)]
(iii) The source of lights shall be hooded or controlled in some manner so as
not to cast light on adjacent property. [3-2(H)]
(iv) Bare incandescent light bulbs shall not be permitted in view of adjacent
property or public right-of-way. [3-2(H)]
(v) Any light or combination of lights which cast light on a public street shall
not exceed one (1) foot candle (meter reading) as measured from the
center line of said street. [3-2(H)]
(vi) Any light or combination of lights which cast light on residential property
shall not exceed 0.4 foot candles (meter reading) as measured from said
property. [3-2(H)]
(c) Smoke
The emission of smoke by any use shall be in compliance with and regulated
by the State of Minnesota Pollution Control Standards, Minnesota Regulation
APC 1-15. [3-2(I)]
(d) Dust and Other Particulated Matter
The emission of dust, fly ash, or other particulated matter by any use shall be
in compliance with and regulated by the State of Minnesota Pollution Control
Standards, Minnesota Regulation APC 1-15. [3-2(J)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (B) Regulations for Agricultural Uses
City of Monticello Zoning Ordinance Page 263
(e) Noise
Noises emanating from any use shall be in compliance with and regulated by
the State of Minnesota pollution control standards and rules. In no case shall
noise emanations constitute a nuisance as defined and regulated by this code.
(3) Building and Structure Location
All buildings and structures shall be so placed so that they will not obstruct future
streets which may be constructed by the City in conformity with existing streets
and according to the system and standards employed by the City. [3-2(C)(2)]
(B) Regulations for Agricultural Uses
(1) Agriculture
(a) Agricultural related buildings and structures including farm dwellings shall be
subject to Minnesota Pollution Control Standards. [5-2(A)]
(b) Agricultural uses shall not include commercial feed lots or other commercial
operations. [5-2(A)]
(c) The keeping and/or raising of livestock raising shall be prohibited in all
zoning districts except for the A-O district.
(2) Agricultural Sales
All agricultural sales businesses shall adhere to the following:
(a) Activities shall be limited to those listed within the definition for an
Agricultural Sales Business.
(b) The Agricultural Sales Business shall be located on land owned or leased by
the producer or the operator of the business, and not within or on any public
right-of-ways or easements.
(c) The operator must be able to demonstrate at all times to the City that there is
sufficient access, parking and maneuvering space, that the location and
adequacy of approaches are sufficient, that there is suitable and safe access for
pedestrians, and that customer parking is away from the travel way and in
close proximity to the Agricultural Sales Business.
(d) All waste materials shall be enclosed in containers provided on the site, and
shall not generate any nuisance impacts on adjacent properties.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (B) Regulations for Agricultural Uses
Page 264 City of Monticello Zoning Ordinance
(e) All sidewalks, roadways, and parking areas shall be treated as necessary to
eliminate dust nuisance impacts on adjacent properties.
(3) Community Garden
(a) Prior to a parcel being utilized as a community garden, the landowner shall be
required to secure an annual community garden permit from the Community
Development Department.
(b) Each community garden must have two or more gardeners as a prerequisite
for obtaining a permit to ensure code and permit guidelines are followed.
(c) Unused plots and common areas shall be maintained and kept free of weeds,
dead plant materials, and other debris/garbage.
(d) Containers, including water bins, and planters, shall not hold standing water
unless they are completely covered.
(e) Composting of vegetative matter is allowed (leaves, plants, wood chips, etc.);
composting of meat, human or pet waste is prohibited.
(f) Overhead lighting is prohibited.
(g) Signage is limited to a single, non-illuminated, single sided sign of four
square feet.
(4) Stables
(a) Animal building, holding, grazing, and exercise areas are located a minimum
of one thousand (1,000) feet from any residential, commercial, or industrial
use district. [5-4(C)(1)]
(b) The land area of the property containing such use of activity meets the
minimum established for the district. [5-4(C)(2)]
(c) All applicable requirements of the State Pollution Control Agency are
complied with. [5-4(C)(4)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 265
(C) Regulations for Residential Uses
(1) General Regulations for All Dwellings
All dwellings located in any residence district shall conform to the following
minimum requirements in addition to the specific requirements applicable to the
individual residence districts:
(a) Except for in the M-H zoning district, all dwellings shall be placed on a
permanent foundation which complies with the Minnesota State Building
Code, and which are solid for the complete circumference of the dwelling. [3-
2(B)(3)(c & f)]
(b) All dwellings shall have a minimum width and depth of 20 feet, exclusive of
porches, entryways, or attached storage sheds.
(c) All dwellings shall be served by public sanitary sewer and water.
(d) Direct vehicular access to residential units from arterial or collector roadways
shall be prohibited unless no other reasonable alternative exists as determined
by the Community Development Department.
(e) In addition to standards applicable to all houses in residential districts,
manufactured homes, as defined by Minnesota Statutes, shall be built in
compliance with the Minnesota Manufactured Homes Building Code and all
statutory requirements.
(f) No cellar, basement, garage, tent, trailer, motor vehicle or accessory building
shall at any time be used as an independent residence or dwelling unit, either
temporarily or permanently. Tents, play houses or similar structures may be
used for play or recreational purposes. [3-2(B)(1 & 2)]
(g) Except for dwellings classified as elderly (senior citizen) housing or as
prescribed in individual zoning district regulations, the minimum floor area
per dwelling unit shall be in accordance with table 5-2.
MN Statutes on
Manufactured Homes
(327.31 –327.35)
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
Page 266 City of Monticello Zoning Ordinance
TABLE 5-2: MINIMUM FLOOR AREA BY UNIT TYPE
Single Family
Detached Dwelling
Duplex &
Townhouse
Attached Dwellings
Multiple-Family
Attached Dwellings
Apartment or
Condominium
Attached Dwellings
[1]
Efficiency Apartment [2] na na na 440 sq ft
One Bedroom 720 sq ft 720 sq ft 600 sq ft 520 sq ft
Two Bedrooms 820 sq ft 820 sq ft 800 sq ft 750 sq ft
Three Bedrooms 920 sq ft 920 sq ft 900 sq ft 850 sq ft
Four + Bedrooms [3] 1050 sq ft 1050 sq ft 1000 sq ft 1000 sq ft
[1]: For purposes of measurement, the net floor area of an individual dwelling unit in an apartment or condominium
shall mean the gross floor area as defined in Section 8.2(B)(4) less areas devoted to other individual units,
public stairways, public entries, public foyers, public balconies or unenclosed porches, separate utility rooms,
garages, furnace areas or rooms, or storage areas not within the dwelling unit.
[2]: The number of efficiency apartments in a multiple dwelling shall not exceed five (5) percent of the total number
of apartments.
[3]: For every additional bedroom over four, add 120 square feet to the required four-bedroom minimum.
na = not applicable
(h) Apartment and condominium dwelling units shall only be located in multiple-
family buildings or in buildings within the CCD district as regulated by this
ordinance.
(2) Attached Dwelling
(a) Regulations applicable to all Attached Dwelling Types
(i) Trash Handling and Recycling
Multiple-family structures with more than four dwelling units shall adhere
to the accessory use standards for large trash handling and recycling areas
as outlined in Section 5.3.
(ii) Size of Development
All attached dwelling developments that contain more than two (2)
structures with dwelling units and/or having a structure containing more
than ten (10) dwelling units shall require a conditional use permit.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 267
(iii) Usable Open Space
Except for mixed use projects in the CCD District, each multiple family
dwelling site or townhouse site shall contain at least five hundred (500)
square feet of usable open space for each dwelling unit contained thereon,
or a minimum of 30% green space, whichever is greater. For the
purposes of this ordinance, green space shall include lawn, shrubs, trees,
or other planted open space usable for gardens, shade, or recreation and
shall not include planted areas between parking areas or sidewalks and
parking areas which are less then ten feet in width, nor shall it include any
part of the public right-of-way, delineated wetland(s), or required
stormwater ponding areas below the 10 year flood elevation. [3-4(D)]
(b) Duplex
(i) A minimum of two (2) off-street parking spaces per unit shall be provided
within an enclosed garage of at least four hundred (400) square feet.
(ii) All driveways and required off-street parking spaces shall be surfaced
with concrete, bituminous or approved equivalent.
(c) Townhouse
(i) No building shall contain more than six (6) dwelling units.
(ii) Each dwelling unit shall have separate and individual front and rear
entrances.
(iii) Private driveways for garages in townhouse developments shall provide a
minimum of twenty (20) feet worth of parking space which does not
interfere with the use of public sidewalks or trails.
(iv) Setbacks:
1. Buildings in townhouse developments shall be located at least twenty
(20) feet apart and twenty (20) feet from the back of the curb of a
private roadway.
2. The applicable setbacks required in the underlying zoning district
shall be met along the perimeter lot lines of the development and
along all public roadways.
(d) Multiple Family
(i) Development of a multiple family building shall be compatible with the
existing and planned land use of the area and conflicts shall not be created
between commercial and residential use and activities. [12-4(A)(1)]
(ii) If in the R-2 district, multiple family buildings shall be limited to four
dwelling units. [7-4(C)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
Page 268 City of Monticello Zoning Ordinance
(iii) If in the B-2 District, multiple family buildings shall be adequately served
by a collector or arterial street. [12-4(A)(5)]
(iv) 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: [14B-
5(C)]
1. The proposed site for residential use is consistent with the goals and
objectives of the Downtown Revitalization Plan. [14B-5(C)(1)]
2. The proposed site does not interrupt the flow of commercial
pedestrian traffic in the “CCD” district. [14B-5(C)(2)]
3. Density for ground floor residential units shall not exceed one unit per
9,000 square feet of lot area, exclusive of land area utilized by, or
required for, permitted uses on the property. [14B-5(D)(3)]
(3) Group Residential Facility
Licensed day care facilities qualifying as group residential facilities shall adhere
to the following: [7-4(D)]; [8-4(B)]
(a) No overnight facilities are provided for the children served. Children are
delivered and removed daily. [7-4(D)(1)]; [8-4(B)(1)]
(b) Adequate off-street parking and access is provided in compliance with
Section 4.8 of this ordinance. [7-4(D)(3)]; [8-4(B)(3)]
(c) Adequate off-street loading and service entrances are provided in compliance
with Section 4.9 of this ordinance. [7-4(D)(4)]; [8-4(B)(4)]
(d) 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. [7-4(D)(5)]; [8-4(B)(5)]
(e) All signing and informational or visual communication devices shall be in
compliance with Section 4.5 of this ordinance. [7-4(D)(6)]; [8-4(B)(6)]
(f) The use shall require authorization through a conditional use permit following
the provisions of Section 2.4(D) of this ordinance. [7-4(D)(7)]; [8-4(B)(7)]
(g) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 269
(4) Manufactured Homes / Manufactured Home Park
(a) Manufactured Homes in General
All manufactured homes within the City of Monticello shall be built in
conformance with the manufactured home building code and comply with all
provisions of this ordinance.
(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:
(i) In General:
1. The minimum total manufactured home park area shall be five acres.
2. Each designated mobile home site shall not be less than 2,500 sf. [9-
2(A)(3)(a)(i)]
3. Notwithstanding the type of development concept used, the maximum
density shall be thirteen (13) manufactured homes per acre.
4. Manufactured homes shall be the only permitted dwelling type in a
manufactured home park.
5. No tents shall be used for other than recreational purposes in a
manufactured home park. [9-2(A)(1)(d)]
6. There shall be no outdoor camping anywhere in a manufactured home
park. [9-2(A)(1)(e)]
7. Laundry and clothing shall be hung out to dry only on lines located in
Council approved areas established and maintained exclusively for
that purpose. [9-2(A)(1)(i)]
8. Adequate storm shelters for all residents of the manufactured home
park shall be provided on-site.
9. No part of any manufactured home park shall be used for non-
residential purposes, except such uses that are required for the direct
servicing and well being of park residents and for the management
and maintenance of the park.
10. All manufactured homes must be securely anchored in a manner
which meets shoreland district requirements (if within a
shoreland district) and applicable state requirements for
resisting wind forces.
Section 3.7(C):
Floodplain
District
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
Page 270 City of Monticello Zoning Ordinance
(ii) Grading, Drainage and Groundcover:
1. Condition of soil, ground water level, drainage, topography shall not
create hazards to the property or the health and safety of the
occupants.
2. The ground surface in all parts of every manufactured home park
shall be graded and equipped to drain all surface water in a safe,
efficient manner. [9-2(A)(1)(c)(i)]
3. Exposed ground surfaces in all parts of every manufactured home
park shall be paved or covered with stone, screening or other solid
material, or protected with a grass that is capable of preventing soil
erosion and of eliminating objectionable dust. [9-2(A)(1)(c)(ii)]
4. No portion of a manufactured home park shall be subject to
unpredictable or sudden flooding.
(iii) Setbacks and Lot Requirements
1. Manufactured homes shall be separated from each other and from
other buildings and structures by at least fifteen feet. [9-2(A)(3)(b)(i)]
2. An accessory structure such as an awning, cabana, storage cabinet,
carport, windbreak, and porch which has an opaque top or roof, shall,
for purposes of all separation requirements, be considered to be part
of the manufactured home. However, applicable building code
separation requirements shall still apply as applicable.
3. There shall be a minimum distance of twenty feet between the
manufactured home stand and abutting park street;
4. All manufactured homes, off-street parking spaces, and structures
shall be located at least thirty feet from any property boundary line
abutting upon a public street or highway and at least thirty feet from
other property boundary lines; [9-2(A)(3)(b)(ii)]
5. Each manufactured home site shall have frontage on an approved
roadway and the corner of each manufactured home site shall be
marked and each site shall be numbered. [9-2(A)(3)(a)(ii)]
6. Dedicated storage area(s) and building(s) shall be for the sole use of
the residents of the manufactured home park and are not available for
use by non-residents. [9-4(A)(3)]
(iv) Screening and Open Space
1. All manufactured home parks located adjacent to residential,
recreational, commercial or industrial land uses shall provide
screening such as fences, shrubs, trees along the property boundary
line separating the park and such uses, and shall be maintained by the
State license holder in a neat and orderly manner.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (D) Regulations for Civic and Institutional Uses
City of Monticello Zoning Ordinance Page 271
2. A minimum of 2,000 sf for every acre, or part thereof, in a
manufactured home park shall be provided for definable play areas
and open space. Such areas of open space and play area shall not be
areas included within any setback nor shall they include any areas of
less than twenty feet in length or width. [9-2(A)(3)(f)]
(v) Parking
Each manufactured home site shall be served by two (2) off-street parking
spaces for automobiles. [9-2(A)(3)(c)(i)]
(vi) Utilities
1. All manufactured homes shall be connected to a public water and
sanitary sewer system or a private water and sewer system approved
by the State Department of Health. [9-2(A)(3)(d)(i)]
2. All installations for disposal of surface storm water must be approved
by the City.
3. All utility connections shall be as approved by the City.
4. The source of fuel for cooking, heating, or other purposes at each
manufactured home site shall be as approved by the City.
5. All utilities shall be underground; there shall be no overhead wires or
supporting poles except those essential for street or other lighting
purposes.
6. No obstruction shall be permitted that impedes the inspection of
plumbing, electrical facilities, and related manufactured home
equipment.
7. The method of garbage, waste, and trash disposal must be approved
by the City.
8. Owner shall pay any required sewer and connection fees to the City.
(vii) Lighting:
1. Artificial light shall be maintained during all hours of darkness in all
buildings containing public toilets, laundry equipment, and the like.
[9-2(A)(3)(h)(i)]
2. The manufactured home park ground shall be lighted as approved by
the City from sunset to sunrise. [9-2(A)(3)(h)(ii)]
(D) Regulations for Civic and Institutional Uses
(1) Active Park Facilities – Private
Private park facilities must be operated only for the enjoyment and convenience of
the associated residents and their guests. [6-3(E)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (D) Regulations for Civic and Institutional Uses
Page 272 City of Monticello Zoning Ordinance
(2) Assisted Living Facilities
(a) The development must be contained on an independent parcel; 30% of the
parcel must be preserved as open space at least 2/3rds of which shall be
useable. [10-8(G)(6), 19B-4(D)(4)]
(b) To continue to qualify for the senior citizen housing classification, the owner
or agent shall annually file with the Community Development Department a
certified copy of a monthly resume of occupants of such a multiple dwelling,
listing the number of tenants by age. [10-8(G)(3)]
(c) One (1) off-street loading space shall be provided in compliance with Section
4.9, Off-Street Loading Spaces [10-8(G)(4)]
(d) Elevator service shall be provided to each floor level which contains senior
housing units. [10-8(G)(5)]
(e) The site of the main entrance of the principal use is served or is located within
four hundred (400) feet of regular transit service. [10-8(G)(7)]
(f) Efficiency units shall be a minimum floor area of 440 square feet, and shall
not exceed twenty (20) percent of the total number of apartments in a multiple
dwelling. 3-4(G)(3)(a) and 3-4(H)
(g) One bedroom units shall be a minimum floor area of 520 square feet. 3-
4(G)(3)(b)
(3) Cemeteries
(a) New cemeteries shall be located on a site or parcel with an area of at least 2.5
acres.
(b) New cemeteries shall be located on a site or parcel that fronts an arterial or
collector street.
(c) Cemeteries shall include adequate space for the parking and maneuvering of
funeral processions.
(d) Interments shall take place at least 50 feet from any lot line.
(e) Cemeteries shall not be located within one-half mile of Interstate Highway 94.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (D) Regulations for Civic and Institutional Uses
City of Monticello Zoning Ordinance Page 273
(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.
(5) Nursing or Convalescent Home [10-8(C)]
(a) Side yards shall be double the minimum requirements established for the
applicable district. [10-8(C)(1)]
(b) 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. [10-8(C)(1)]
(c) One (1) off-street loading space in compliance with Section 4.8 of this
ordinance is installed. [10-8(C)(2)]
(6) 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. [5-4(A)(1)]; [6-
4(B)(3)]; [10-8(M)(2)]; [11-4(A)(3)]; [12-4(B)(2)]; [13-4(R)(2)]
(b) Conformity with the surrounding neighborhood is maintained and required
setbacks and side yard requirements are met. [6-4(B)(1)]; [10-8(M)(1)]; [11-
4(A)(1)]; [12-4(B)(1)]; [13-4(R)(1)]
(7) K-12 Schools (public or private):
(a) Educational institutions on parcels exceeding 20,000 square feet in area shall
be located with direct frontage on, and access to, a collector or arterial street.
[19B-4(B)(1)]
(b) The buildings are set back from adjoining residential districts a distance no
less than double the adjoining residential setback. [19B-4(B)(2)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (D) Regulations for Civic and Institutional Uses
Page 274 City of Monticello Zoning Ordinance
(c) 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. [6-4(A)(2)]
(d) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use
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(F) of this ordinance. [6-4(A)(3)]
(e) Adequate off-street loading and service entrances are considered and
satisfactorily provided in accordance with Section 4.9 of this ordinance. [6-
4(A)(4)]
(f) Exterior lighting standards outlined in Section 4.4 of this ordinance shall be
met. [19B-4(B)(4)]
(g) If locating within an industrial zoning district: [15B-5(A)]
(i) A specified termination date is documented. [15B-5(A)(1)]
(ii) The proposed parcel has adequate improved parking to accommodate the
student capacity. [15B-5(A)(2)]
(iii) The proposed building is constructed or altered only in ways which do not
interfere with future refitting for industrial use. [15B-5(A)(3)]
(8) Places of Public Assembly
(a) Institutions on parcels exceeding 20,000 square feet in area shall be located
with direct frontage on, and access to, a collector or arterial street. [19B-
4(C)(1)]
(b) The buildings are set back from adjoining residential districts a distance no
less than double the adjoining residential setback. [19B-4(C)(2)]
(c) When abutting a residential use in a residential use district, the property shall
be screened with an aesthetic buffer (Table 4-1, Buffer Type “B”) in
accordance with section 4.1(G) of this ordinance. [6-4(A)(2)]
(d) Adequate off-street parking and access is provided on the site or on lots
directly abutting or directly across a public street or alley to the principal use
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(F) of this ordinance. [6-4(A)(3)]
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (E) Regulations for Office Uses
City of Monticello Zoning Ordinance Page 275
(e) Adequate off-street loading and service entrances are considered and
satisfactorily provided. [6-4(A)(4)]
(9) Utilities (major)
(a) An electrical power facility, substation, or transmission station shall be set
back at least 100 feet from all lot lines. Service or storage yards shall be
prohibited.
(b) All commercial WECS systems shall adhere to the requirements of Section
4.12 in this ordinance.
(E) Regulations for Office Uses
(1) Outdoor storage shall be prohibited.
(2) Buildings or structures with less than 51 percent of office space shall not be
classified as an office use and shall be regulated by the other use of the structure.
(3) If in the B-1 district, the following shall apply [11-4(B)]:
(a) The traffic generated will not raise traffic volumes beyond the capacity of the
surrounding area. [11-4(B)(2)]
(b) The architectural appearance of the building housing the office use shall
reflect the building character of the area and shall not be so dissimilar as to
cause impairment of property values or constitute a blighting influence within
the neighborhood. [11-4(B)(3)]
(c) The provisions of this ordinance are considered and satisfactorily met. [11-
4(B)(4)]
(d) The site shall conform to signage requirements provided under Section 4.5 of
this Code.
(e) The site shall conform to lighting requirements as provided in this ordinance.
The lighting shall be restricted to be consistent with the hours of operation,
within one half hour of open and close times. [11-4(B)(6)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 276 City of Monticello Zoning Ordinance
(F) Regulations for Commercial Uses
(1) Adult Uses
(a) Purpose
The “Adult Uses” classification was established to provide the opportunity for
operation and establishment of adult land uses while providing controls that
limit negative impacts of adult uses on residential and commercial areas. All
adult uses shall adhere to the following regulations: [3-10(A)]
(b) Analysis of Appropriateness [3-10(B)(4)]
(i) So as to provide specific opportunity for adult uses to exist within the
City of Monticello, an analysis of the existing City ordinance text and
map has been conducted. It was determined that the I-2 zoned districts
provided the most appropriate zones to accommodate adult uses classified
as principal activity. Only amendments to the I-2 text are, therefore,
proposed to accommodate adult uses/principal. Principal adult uses are
permitted only in the I-2 zoned districts. [3-10(B)(4)(a)]
(ii) Table 5-3 provides an initial basis for determining adult principal use
opportunity within the City of Monticello. [3-10(B)(4)(b paragraph 1)]
TABLE 5-3: AVAILABLE ACRES FOR ALLOWABLE ADULT USES
WITHIN THE CITY
Total Developable Acres [1] I-2 Zoned Acres Percent of City
2,511 137 5%
[1]: Area calculations do not include undevelopable property owned by NSP (Xcel Energy), City, Golf Club, or
School District
(iii) Table 5-4 provides an analysis of allowed opportunity for adult uses area
within the identified I-2 zoned acres. [3-10(B)(4)(b paragraph 2)]
TABLE 5-4: AVAILABLE ACRES FOR ALLOWABLE ADULT USES
WITHIN IDENTIFIED I-2 ZONED ACRES
Required Separation from
Residential and Commercial Areas
I-2 Zoned Acres outside of the
Residential and Commercial buffer Percent of City
700 feet 59 2.35% [1]
[1]: In general terms, the I-2 zoned district provides adequate potential for adult uses within the City. Adult uses
are therefore restricted to the I-2 district.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 277
(c) Restrictions on Adult Uses
Adult uses as defined in this ordinance shall be subject to the following
general provisions: [3-10(B)]
(i) Activities classified as obscene as defined by Minnesota Statute 617.241
are not permitted and are prohibited. [3-10(B)(1)]
(ii) An adult use which does not qualify as an accessory use shall be
classified as an adult use/principal. [3-10(B)(3)]
(iii) Adult use/principal activities shall be prohibited from locating in any
building which is also utilized for residential purposes. [3-10(B)(2)]
(iv) Adult use/principal activities shall be located at least seven hundred (700)
radial feet, as measured in a straight line from the building upon which
the adult use/principal is located to the property line of the following: [3-
10(C)(1)]
1. Residentially zoned property; [3-10(C)(1)(a)]
2. Agricultural land located in the neighboring township or in the City
that is designated in the comprehensive plan for residential use; [3-
10(C)(1)(b)]
3. A licensed day care center; [3-10(C)(1)(c)]
4. A public or private educational facility classified as an elementary,
middle, junior high, or senior high school; [3-10(C)(1)(d)]
5. A public library; [3-10(C)(1)(e)]
6. A public park; [3-10(C)(1)(f)]
7. A church; [3-10(C)(1)(g)]
8. Amusement places such as roller rinks, dance halls, and bowling
alleys; [3-10(C)(1)(h)]
9. Liquor sales; [3-10(C)(1)(i)]
(v) Adult use/principal activities shall be located at least four hundred (400)
radial feet apart as measured from one another. [3-10(C)(2)]
(vi) 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 property and each use shall be subject to the above. [3-10(C)(3)]
(vii) Adult use/principal activities shall adhere to the following signing
regulations: [3-10(C)(4)]
1. Sign messages shall be generic in nature and shall only identify the
type of business which is being conducted; [3-10(C)(4)(a)]
2. Sign messages shall not contain material classified as advertising; [3-
10(C)(4)(b)]
3. Sign messages shall comply with the requirements of size and number
for the district in which they are located. [3-10(C)(4)(c)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 278 City of Monticello Zoning Ordinance
(viii) Adult use/principal activities shall be prohibited in establishments where
liquor is served. [3-10(C)(5)]
(ix) Adult use/principal activities shall be prohibited at any place or event
where minors are permitted. [3-10(C)(6)]
(2) Auction House [13-4(M)]
(a) The architectural appearance and function plan of the building and site shall
not be so dissimilar to the existing buildings or area as to cause impairment in
property values or constitute a blighting influence within a reasonable
distance of the lot. [13-4(M)(1)]
(b) When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-1, Buffer Type “C”) in accordance with section
4.1(G) of this ordinance. [13-4(M)(2)]
(c) Parking areas shall be landscaped and screened from view in compliance with
Section 4.1(F) of this ordinance. [13-4(M)(3)] & [13-4(M)(4)]
(d) Off-street parking shall comply with Section 4.8 of this ordinance. [13-
4(M)(5)]
(e) Vehicular access points shall be limited, shall create a minimum of conflict
through traffic movements, and shall be subject to the approval of the
Community Development Department. [13-4(M)(6)]
(f) All lighting shall be in compliance with Section 4.4 of this ordinance. [13-
4(M)(7)]
(g) The entire area shall have a drainage system which is subject to the approval
of the Community Development Department. [13-4(M)(8)]
(h) All signing and information or visual communication devices shall be in
compliance with Section 4.5 of this ordinance. [13-4(M)(9)]
(i) The use shall require authorization through a conditional use permit following
the provisions of Section 2.4(D) of this ordinance. [13-4(M)(10)]
(j) All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions. [13-4(M)(11)]
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 279
(k) No pets or livestock may be sold at this auction sales facility. [13-4(M)(15)]
(l) Provisions must be made to control and reduce noise when adjacent to a
residential zoning district. [13-4(M)(16)]
(m) All outside storage, if allowed, shall be effectively screened from public view
in accordance with Section 4.1(I) and limited to 10% of the gross floor area of
the principal use building. [13-4(M)(17)]
(3) Auto Repair – Minor
(a) The use shall be designed to ensure proper functioning of the site as related to
vehicle stacking, circulation, and turning movements.
(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 percent 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 or masonry wall in accordance with Section 4.3, Fences & Walls.
(c) If gasoline is sold on-site, the use shall also comply with the standards for
Vehicle Fuel Sales as regulated by this ordinance.
(d) Vehicles not being repaired but used as a source of parts shall be prohibited
unless full enclosed within a building.
(e) Vehicles that are repaired and are awaiting removal shall not be stored or
parked for more than 30 consecutive days. In cases where a vehicle is
abandoned by its lawful owner before or during the repair process, the vehicle
may remain on site as long as is necessary after the 30 day period, provided
the owner or operator of the establishment demonstrates steps have been taken
to remove the vehicle from the premises using the appropriate legal means.
(4) Automotive Wash Facilities [10-8(K); 13-4(B)]
(a) All automotive wash facilities shall adhere to the following standards:
(i) The architectural appearance and functional plan of the building and site
shall be consistent with the existing buildings and area to avoid
impairment in property values and blight within a reasonable distance of
the lot.
Section 4.3:
Fences & Walls
Section 5.2(F)(22):
Vehicle Fuel Sales
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 280 City of Monticello Zoning Ordinance
(ii) Magazining or stacking space is constructed to accommodate that number
of vehicles which can be washed during a maximum thirty (30) minute
period and shall be subject to the approval of the Community
Development Department. [10-8(K)(2); 13-4(B)(2)]
(iii) When abutting a residential use, the property shall be screened with at
least a semi-opaque buffer (Table 4-1, Buffer Type “C”) in accordance
with section 4.1(G) of this ordinance. [10-8(K)(3); 13-4(B)(3)]
(iv) All lighting shall be in compliance with Section 4.4 of this ordinance. [10-
8(K)(4); 13-4(B)(4)] & [10-8(K)(8); 13-4(B)(8)]
(v) Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 4.1(F) of this
ordinance. [10-8(K)(5); 13-4(B)(5)]
(vi) The entire area other than occupied by the buildings or plantings shall be
surfaced with material which will control dust and drainage which is
subject to the approval of the Community Development Department. [10-
8(K)(6); 13-4(B)(6)]
(vii) The entire area shall have a drainage system which is subject to the
approval of the Community Development Department. [10-8(K)(7); 13-
4(B)(7)]
(viii) Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movement, and shall be subject to the
approval of the Community Development Department. [10-8(K)(9); 13-
4(B)(9)]
(ix) All signing and informational or visual communication devices shall be in
compliance with Section 4.5 of this ordinance. [10-8(K)(10); 13-4(B)(10)]
(x) Provisions are made to control and reduce noise. [10-8(K)(11); 13-
4(B)(11)]
(xi) Car wash facility shall have direct access to major thoroughfare via
driveway or frontage road. [10-8(K)(13)]
(xii) Intermittent sounds produced by car wash operation such as the sound of
a vacuum or warning signal shall not be audible to adjoining residential
properties. [10-8(K)(14)]
(b) If the automotive wash facility is located in the CCD district, the following
additional regulations shall apply:
(i) The car wash building and the principal building must meet the
architectural requirements of the “CCD” district and design review is
conducted by the Planning Commission. [14B-5(K)(1)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 281
(ii) The automobile stacking space area is screened from abutting property,
both residential and commercial. [14B-5(K)(2)]
(iii) Noise generated by the use, including vacuums, is mitigated by location
or architectural features from adjoining or nearby residential uses and
pedestrian or outdoor commercial activities. Doors of car wash must be
closed during drying operation. Mechanical interlock between door and
dryer must be employed to assure compliance. [14B-5(K)(3)]
(iv) Lighting on the site shall be in compliance with Section 4.4 of this
ordinance.
(v) Signage meets the requirements of the CCD zoning district and is
reviewed by the Planning Commission. [14B-5(K)(5)]
(vi) Drive through traffic does not interfere with pedestrian routes around
and/or through the property. [14B-5(K)(6)]
(vii) A minimum of five stacking spaces for car wash customers is provided
that avoids interference with other traffic on the site. [14B-5(K)(7)]
(viii) Site landscaping is provided to mitigate the amount of concrete and/or
asphalt surfacing. The use of alternative paving surfaces is encouraged.
[14B-5(K)(8)]
(ix) Measures are taken to avoid freezing and icing from washed vehicles
prior to exiting the site to the public street. [14B-5(K)(9)]
(x) All other applicable requirements of the City’s Zoning Ordinance are
considered and met. [14B-5(K)(10)]
(5) Bed and breakfast facilities: [10-8(I)]
(a) Bed and breakfast operations shall be limited to residential structures existing
prior to the date of this ordinance. [10-8(I)(1)]
(b) The property shall be landscaped with at least a basic buffer (Table 4-1,
Buffer Type “A”) in accordance with section 4.1(G) of this ordinance. [10-
8(I)(2)]
(c) Food served on the premises may be served only to overnight guests of the
bed and breakfast. [10-8(I)(4)]
(d) The owner, operator, or manager of the bed and breakfast shall reside on the
premises. [10-8(I)(5)]
Section 4.1(G):
Standards for
Perimeter Buffers
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 282 City of Monticello Zoning Ordinance
(e) Activities shall be limited to those customary to the operation of a bed and
breakfast facility. Commercial use of the property for other activities not
normally associated with the operation of a bed and breakfast such as
wedding receptions, parties, etc., are not allowed. [10-8(I)(6)]
(f) Operation of the bed and breakfast facility shall comply with all state
regulations governing such facilities. [10-8(I)(8)]
(6) Boarding House: [14-4(G)]
(a) There shall be no less than three (3) units nor more than 15 units, and each
unit shall be of a design considered to be an efficiency apartment. [14-
4(G)(2)]
(b) At least one unit shall be on the ground floor fully accessible to handicapped
persons. [14-4(G)(3)]
(c) At least 50% of the floor area on the ground floor shall be developed as
complete restaurant facilities with a minimum seating capacity of two seats
per dwelling unit but in no case less than 25 seats. [14-4(G)(4)]
(i) Restaurant shall not be eligible for licenses regulating the sale of
intoxicating liquors, non-intoxicating malt liquors, wine, or the display
and consumption of liquors. [14-4(G)(4)(a)]
(ii) The restaurant shall be so equipped to provide food service to the
dwelling units if required. [14-4(G)(4)(b)]
(d) The architectural appearance and functional plan of the building and site shall
be consistent with the existing buildings on the site or in the area to avoid
impairment in property values or blight within a reasonable distance of the lot.
(e) All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions. [14-4(G)(6)]
(7) Communications / Broadcasting
All communication antennas, antenna support structures and satellite dishes shall
adhere to the applicable accessory use requirements for such outlined in Section
5.3 of this ordinance.
(8) Convenience stores
In the B-1 zoning district, the following conditions shall apply:
(a) The site is adequately served by a collector street. [11-4(D)(1)]
(b) Access point to the site shall be limited to a collector street. [11-4(D)(2)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 283
(c) Conformity with the surrounding neighborhood is maintained. [11-4(D)(4)]
(d) Adequate screening and landscaping from neighborhood residential districts is
provided in accordance with this ordinance. [11-4(D)(5)]
(e) Traffic generated by the proposed use does not exceed the capacity of
surrounding streets and intersections to accommodate it. [11-4(D)(6)]
(f) The site shall conform to parking requirements as provided in this ordinance.
[11-4(D)(7)]
(g) Building setback from residential uses must be 30 feet or greater. [11-4(D)(9)]
(h) Parking lot setback from residential uses must be 15 feet or greater. [11-
4(D)(10)]
(i) The site shall conform to signage requirements as recommended by the City.
At no time shall the signage exceed the requirements as provided in this
ordinance. [11-4(D)(11)]
(j) The site shall conform to lighting requirements as provided in this ordinance.
The lighting shall be restricted to be consistent with the hours of operation,
within one half hour of open and close times. [11-4(D)(12)]
(k) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. [11-
4(D)(13)]
(9) Country Club [5-4(B)]
(a) The principal use, function, or activity is open, outdoor in character. [5-
4(B)(1)]
(b) Not more than five (5) percent of the land area of the site be covered by
buildings or structures. [5-4(B)(2)]
(c) When abutting a residential use, the property shall be screened with at least
an aesthetic buffer (Table 4-1, Buffer Type “B”) in accordance with section
4.1(G) of this ordinance. [5-4(B)(3)]
(d) The land area of the property containing such use or activity meets the
minimum established for the districts. [5-4(B)(4)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 284 City of Monticello Zoning Ordinance
(10) Day Care Center [13-4(O)]
(a) No overnight facilities shall be provided for children served by the daycare.
Children must be delivered and removed from the facility daily.
(b) An outdoor recreational facility:
(i) Shall be appropriately separated from the parking lot and driving areas by
a fence not less than 4 feet in height,
(ii) Shall be located continuous to the day-care facility,
(iii) Shall not be located in any yard abutting a major thoroughfare,
(iv) Shall not have an impervious surface for more than one-half of the
playground area,
(v) Shall extend at least 60 feet from the wall of the building or to an adjacent
property line, whichever is less, or shall be bound on not more than two
sides by parking and driving areas, and
(vi) Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per
child at licensed capacity, whichever is the greater figure. [13-4(O)(2)]
(c) All state laws and statutes governing such use are strictly adhered to and all
required operating permits are secured.
(d) In addition to items (a) through (c) above, day care centers in the I-1 district,
shall adhere to the following additional requirements:
(i) Only be allowed as a secondary combination use which complements a
primary business;
(ii) Only be conducted in the principal building, and not exceed 20% of the
total principal building square footage;
(iii) Be physically separated from the other activities occurring in the principal
building;
(iv) Not have a dedicated entrance (other than emergency exits) from the
exterior of the principal building;
(v) Not have dedicated off-street parking or signage.
(11) Entertainment/Recreation – Outdoor Commercial [13-4(N)]
(a) When abutting a residential use, the property shall be screened with at least a
semi-opaque buffer (Table 4-1, Buffer Type “C”) in accordance with section
4.1(G) of this ordinance. [13-4(N)(3)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 285
(b) Adequate measures to contain the proposed activity on the subject site shall
be provided
(c) Dust and noise are controlled consistent with Minnesota Pollution Control
rules and regulations.
(12) Financial Institutions
Drive-thru service, if approved as an accessory use to a financial institution, shall
be located to the side or rear of the principal building whenever feasible.
(13) Funeral Homes
(a) Funeral homes shall have its principal frontage, access, and orientation
direction on an arterial or collector street.
(b) All structures shall be located so as not to require access from an interior
residential street.
(14) Hotels or Motels [14B-5(A)]
(a) All hotels and motels shall adhere to the following:
(i) A hotel or motel shall have its principal frontage, access, and orientation
direction on an arterial street or collector street.
(ii) Vehicular access from a local residential street is prohibited.
(iii) No more than one security or caretakers quarters may be provided on the
site, and such quarters shall be integrated into the building’s design.
(b) In the CCD district, the following additional standards shall apply:
(i) The principal building lot coverage is no less than fifty (50) percent of the
property, exclusive of easements devoted to public pedestrian use or other
outdoor public spaces. [14B-5(A)(1)]
(ii) The building, site, and signage meet the standards for the “CCD” district
and design review is conducted by the Planning Commission. [14B-
5(A)(2)]
(iii) The proposed use demonstrates compatibility and consistency with the
City’s Comprehensive Plan and the Downtown Revitalization Plan. [14B-
5(A)(3)]
(15) Kennels (commercial):
(a) The kennel shall be sufficiently insulated so no unreasonable noise or odor
can be detected off the premises.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 286 City of Monticello Zoning Ordinance
(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 percent of the total
gross floor area of the principal building.
(16) 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 adjacent properties or right-of-way shall be
limited to plants unless otherwise approved by the City Council.
(17) Personal Services
(a) In the B-1 district, the following shall apply: [11-4(E)]
(i) Outdoor lighting shall be restricted to be consistent with the hours of
operation, within one half hour of open and close times. [11-4(E)(8)]
(ii) Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m. [11-4(E)(9)]
(b) Establishments engaged in dry cleaning shall be held to the following
requirements:
(i) Dry cleaning processing shall be restricted to the B-4 district. [12-2(J)]
(ii) Dry cleaning operations shall be self-contained in terms of noise and
fumes with no venting to outside of building. [10-8(J)(2)]
(iii) Dry cleaning facilities shall have direct access to major thoroughfare via
driveway or frontage road. [10-8(J)(3)]
(c) Tattoo parlors shall be restricted to the B-4 district. [14-2(LL)]
(18) Recreational vehicle camp site [5-4(D)]
(a) The land area of the property containing such use or activity meets the
minimum established for the district. [5-4(D)(1)]
(b) The site shall be served by a major or arterial street capable of
accommodating traffic which will be generated. [5-4(D)(2)]
(c) All driveways and parking areas shall be surfaced with a dustless material. [5-
4(D)(3)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 287
(d) Plans for utilities and waste disposal shall be subject to approval by the
Community Development Department, and all applicable requirements of the
State Pollution Control Agency are complied with. [5-4(D)(4)]
(e) Not more than five (5) percent of the land area of the site shall be covered by
buildings or structures. [5-4(D)(5)]
(f) The locations of such use shall be at minimum one hundred (100) feet from
any abutting residential use district. [5-4(D)(6)]
(19) Repair Establishments
(a) Outdoor storage shall be prohibited in the B-1, B-2 and CCD districts.
(b) No process involved in a repair operation shall produce noise, vibration, air
pollution, fire hazard, or noxious emission which will disturb or endanger
neighboring properties.
(20) Restaurants
(a) For all restaurants, if the establishment (building) or outdoor seating area is
located within 300 feet of a residential zoning district, the following standards
shall apply: [13-4(Q)]
(i) The use shall require authorization through a conditional use permit. [13-
4(Q)]
(ii) Primary access from local residential streets shall be prohibited [13-
4(Q(1))]
(b) 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.
(c) Restaurants having drive-through facilities shall require a conditional use
permit and comply with the following standards: [13-4(A); 14B-5(D)]
(i) All requirements for an accessory drive-through facility shall be met.
(ii) The architectural appearance and functional plan of the building and site
shall not be so dissimilar to the existing buildings or area as to cause
impairment in property values or constitute a blighting influence within a
reasonable distance of lot. [13-4(A)(1); 14B-5(D)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 288 City of Monticello Zoning Ordinance
(iii) When abutting a residential use, the property shall be screened with at
least a semi-opaque buffer (Table 4-1, Buffer Type “C”) in accordance
with section 4.1(G) of this ordinance. [13-4(A)(2); 14B-5(D)]
(iv) Each light standard island and all islands in the parking lot landscaped or
covered. [13-4(A)(3); 14B-5(D)]
(v) Parking areas shall be screened from view of abutting residential districts
in compliance with Section 4.1(F) of this ordinance. [13-4(A)(4); 14B-
5(D)]
(vi) Vehicular access points shall be limited, shall create a minimum of
conflict with through traffic movements, and shall be subject to the
approval of the Community Development Department. [13-4(A)(6); 14B-
5(D)]
(vii) 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. [14B-5(D)(1)]
2. Site lighting shall utilize fixtures similar in style to that designated by
the City for use in public areas of the “CCD” district. [14B-5(D)(3)]
3. The building, site, and signage meet the standards for the “CCD”
district and design review is conducted by the Planning Commission.
[14B-5(D)(4)]
4. Drive through facilities comply with the requirements of Section
5.3(D)(11). [14B-5(D)(5)]
5. The proposed use demonstrates compatibility and consistency with
the City’s Comprehensive Plan and the Downtown Revitalization
Plan. [14B-5(D)(6)]
(21) Retail Commercial Uses (Other)
(a) If the retail sales includes consignment sales, the following standards shall
apply: [15B-4(E)]
(i) Sales and storage shall not exceed 1,000 square feet in area. [15B-
4(E)(1)]
(ii) At least 80% of the sales shall be of consigned merchandise. [15B-
4(E)(2)]
(iii) No auctions shall take place on the premises. [15B-4(E)(3)]
(iv) There shall be no outside storage. [15B-4(E)(4)]
Section 4.1(G):
Standards for
Perimeter Buffers
Section 4.1(F):
Standards for
Vehicular Use Area
Landscaping
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
City of Monticello Zoning Ordinance Page 289
(22) Vehicle Fuel Sales: [13-4(C); 14-4(D)]
(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 ordinance 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. [13-4(C)(1);
14-4(D)(1); 14B-5(B)]
(b) Wherever fuel pumps are to be installed, pump islands shall be installed. [13-
4(C)(8); 14-4(D)(8); 14B-5(B)]
(c) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 4.5 of this ordinance. [13-
4(C)(13); 14-4(D)(13); 14B-5(B)]
(d) Provisions are made to control and reduce noise. [13-4(C)(14); 14-4(D)(14);
14B-5(B)]
(e) If in the CCD District, the following standards shall also apply:
(i) The design of the site promotes pedestrian access adjacent to and along
the property. [14B-5(B)(1)]
(ii) No more than two (2) curb cuts of twenty-four (24) feet in width or less
shall be permitted. [14B-5(B)(2)]
(iii) Site lighting shall utilize fixtures similar in style to that designated by the
City for use in public areas of the “CCD” district. [14B-5(B)(3)]
(iv) The building, site, and signage meet the standards for the “CCD” district
and design review is conducted by the Planning Commission. [14B-
5(B)(4)]
(v) The proposed use demonstrates compatibility and consistency with the
City’s Comprehensive Plan and the Downtown Revitalization Plan. [14B-
5(B)(5)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 290 City of Monticello Zoning Ordinance
(23) Vehicle Sales or Rental [13-4(D)]
(a) The minimum building size for any vehicle sales or rental use shall comply
with the standards in Table 5-5. [13-4(D)(1)]
TABLE 5-5: MINIMUM BUILDING SIZE FOR VEHICLE SALES/RENTAL USES
Parcel Size Lot Coverage Percent * Minimum Building Size *
< 2 acres 5% 2,500 square feet
2 acres ≥ 4 acres 10% 10,000 square feet
> 4 acres 15% 40,000 square feet
* Whichever requires the larger building
(b) When abutting a residential use, the property shall be screened with an opaque
buffer (Table 4-1, Buffer Type “D”) in accordance with section 4.1(G) of this
ordinance. [13-4(D)(2)]
(c) All lighting shall be in compliance with Section 4.4 of this ordinance. [13-
4(D)(3)]
(d) The outside sales and display area shall be hard surfaced. [13-4(D)(4)]
(e) The outside sales and display area does not utilize parking spaces which are
required for conformance with this ordinance. [13-4(D)(5)]
(f) Vehicular access points shall create a minimum of conflict with through
traffic movement and shall be subject to the approval of the Community
Development Department.. [13-4(D)(6)]
(g) There is a minimum lot area of twenty-two thousand five hundred (22,500)
square feet and minimum lot dimensions of one hundred fifty (150) feet by
one hundred thirty (130) feet. [13-4(D)(7)]
(h) A drainage system subject to the approval of the Community Development
Department shall be installed. [13-4(D)(8)]
(24) Veterinary Facilities [13-4(I); 13-4(J)]
(a) Treatment shall be limited to small household pets unless the facility is
conditionally permitted as a rural veterinary facility. [13-4(I)(3); 13-
4(J)(4)]
(b) In the CCD district, animals shall only be housed overnight if they are
undergoing medical treatment or observation. Overnight boarding for non-
medical reasons shall be prohibited.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
City of Monticello Zoning Ordinance Page 291
(c) The site shall be designed to prevent animal waste from being exposed to
stormwater or entering the stormwater system, streams, lakes, or conveyances.
If an area is provided for animals walking, it shall not be exposed to
stormwater and the waste shall immediately be picked up and disposed of
properly.
(d) Animals shall not be kept outdoors or be allowed to remain outside
unsupervised. [13-4(J)(1)]
(e) All animals must be leashed. [13-4(I)(2) & 13-4(J)(3)]
(f) No outside storage of carcasses. [13-4(J)(5)]
(g) The facility shall be subject to an annual inspection by a City Health Officer
at owner's expense. [13-4(I)(1); 13-4(J)(2)]
(G) Regulations for Industrial Uses
(1) Automobile repair - major [15B-4(F)]
(a) Door opening to service area garage must not face street frontage. [13-
4(P)(1)]
(b) Vehicle storage area limited to 50% of floor space of the structure housing the
auto body shop. [13-4(P)(2)]
(c) All vehicles being serviced and all vehicle parts must be stored inside or in
vehicle storage area. [13-4(P)(3)]
(d) Vehicle storage area shall be enclosed by enclosure intended to screen the
view of vehicles in storage from the outside. Enclosure shall consist of a six-
foot high, 100% opaque fence designed to blend with the auto body shop
structure and consisting of materials treated to resist discoloration. [13-
4(P)(4)]
(e) The floor of the vehicle storage area shall consist of asphalt or concrete
paving. [13-4(P)(5)]
(f) All work on vehicles or vehicle parts shall be conducted within an enclosed
building. [13-4(P)(6)]
(g) The advertising wall facing the public right-of-way shall consist of no more
than 50% metal material. [13-4(P)(7)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
Page 292 City of Monticello Zoning Ordinance
(h) The secondary or non-advertising wall facing a public right-of-way shall
utilize a combination of colors or materials that serve to break up the
monotony of a single color flat surface. [13-4(P)(8)]
(i) No conditional use permit shall be granted for an auto body shop located
within 600 feet of a residential zone existing at the time the conditional use
permit is granted. [13-4(P)(10)]
(2) Bulk Fuel Sales and Storage
(a) Gas storage shall be limited to quantities not exceeding 500,000 cubic feet
and not located within 100 feet from any lot line.
(b) Gas storage with quantities not exceeding 200 cubic feet, if the pressure is
greater than 100 pounds per square inch, shall not be located within 50 feet of
any lot line.
(3) Extraction of Materials
(a) All regulations in Title 8, Chapter 2 of City Code regarding excavations shall
be met.
(b) Plans shall be provided to illustrate how the land will be left in a useable
condition upon cessation of extraction activities, shall prove that the finished
grade will not adversely affect the surrounding land or future development of
the site on which the mining is being conducted, and the route of trucks
moving to and from the site. [3-8(1)]
(c) The interim use permit authorizing the extraction of materials shall regulate:
(i) The type(s) of material being mined on the site; [3-8(2)]
(ii) A program for rodent control; [3-8(3)]
(iii) A plan for fire control and general maintenance of the site; [3-8(4)]
(iv) Controls for vehicular ingress and egress, and for control of material
disbursed from wind or hauling of material to or from the site; [3-8(5)]
(v) A calendar of specific dates when mining operations will be conducted,
including specific beginning and ending dates; and [3-8(6)]
(vi) The submission of a surety by the applicant in an amount determined by
the Community Development Department to be equal to 100% of the
value of the cost of restoring land whereupon mining is to occur and
repairing the degradation of roadways used to transport soils. [3-8(7
paragraph 1)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
City of Monticello Zoning Ordinance Page 293
(d) On-site sales may be allowed as part of the interim use permit subject to all
conditions established by the City Council to ensure the health, safety, and
welfare of those visiting the site and of surrounding property owners.
(4) General Warehousing
(a) The use shall be located at least 500 feet from any residential district, school,
or day care center.
(b) The use shall not locate storage areas within a required setback or perimeter
buffer;
(c) The use shall locate outdoor storage areas to the rear of the principal structure.
All such outdoor storage shall be screened from view of adjacent properties in
conformance with the requirements of Section 4.1(I).
(d) The use shall be designed to ensure proper functioning of the site as related to
vehicle stacking, circulation, and turning movements.
(e) The use shall have direct access onto an arterial or collector roadway.
(5) Heavy Manufacturing
(a) The use shall be located at least 500 feet from any residential district, school,
or day care center.
(b) The use shall locate outdoor storage areas to the rear of the principal structure
and be screened with a fence or wall in accordance with Section 4.1(I). The
height of materials and equipment stored shall not exceed the height of the
screening fence or wall.
(c) The use shall be designed to ensure property functioning of the on-site
transportation circulation system.
(d) The use shall have direct access onto an arterial or collector roadway.
(6) Land Reclamation
The conditional use permit authorizing land reclamation shall regulate:
(a) A finished grade plan which will not adversely affect the adjacent land, [3-
7(1)]
(b) The type of fill permitted, [3-7(2)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
Page 294 City of Monticello Zoning Ordinance
(c) A program for rodent control, [3-7(3)]
(d) A plan for fire control and general maintenance of the site, [3-7(4)]
(e) Controls for vehicular ingress and egress, and for control of material
disbursed from wind or hauling of material to or from the site, [3-7(5)]
(f) A calendar of specific dates when land reclamation operations will be
conducted, including specific beginning and ending dates, and[3-7(6)]
(g) The submission of a surety by the applicant in an amount determined by the
Community Development Department to be equal to 100% of the value of the
cost of restoring land whereupon land reclamation is to occur and repairing
the degradation of roadways used to transport soils. [3-7(7)]
(7) Light Manufacturing
Light manufacturing uses may include a commercial component provided the
following standards are met:
(a) The commercial component is directly related to the products being created
by the light manufacturing use.
(b) The commercial component shall not exceed 30% of the gross floor area of
the principal use.
(8) Machinery/Trucking Repair and Sales and Industrial Services
(a) The entire site other than that taken up by a building, structure, or plantings
shall be surfaced with a material to control dust and drainage which is subject
to the approval of the Community Development Department. [15B-4(F)(1);
15B-4(G)(1)]
(b) A drainage system subject to the approval of the Community Development
Department shall be installed. [15B-4(F)(2); 15B-4(G)(2)]
(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. [15B-
4(F)(3); 15B-4(G)(3)]
(d) When abutting a residential use, the property shall be screened with an opaque
buffer (Table 4-1, Buffer Type “D”) in accordance with section 4.1(G) of this
ordinance. [15B-4(F)(4); 15B-4(G)(4)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
City of Monticello Zoning Ordinance Page 295
(e) Parking or car magazine storage space shall be screened from view of
abutting residential districts in compliance with Section 4.1(F) of this
ordinance. [15B-4(F)(5); 15B-4(G)(5)]
(f) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with Section 4.5 of this ordinance.
[15B-4(F)(6); 15B-4(G)(6)]
(g) Provisions are made to control and reduce noise. [15B-4(F)(7); 15B-4(G)(7)]
(h) No outside storage except as permitted or conditionally permitted in
compliance with Section 5.3(D)(23) of this ordinance. [15B-4(F)(8) 15B-
4(G)(8)]
(i) All conditions pertaining to a specific site are subject to change when the
Council, upon investigation in relation to a formal request, finds that the
general welfare and public betterment can be served as well or better by
modifying the conditions. [15B-4(F)(9); 15B-4(G)(9)]
(j) If the business repairs semi-trucks or other large machinery, a specific area
shall be designated for the exterior storage of the things being repaired and/or
other vehicles and equipment accessory and incidental to the vehicle or
machinery being repaired or serviced. [15B-4(G)(11)]
(9) Recycling and Salvage Center
(a) The center shall be on a parcel with an area of at least five acres.
(b) The center shall be located at least 250 feet from any residential district,
school, or day care.
(c) Except for a freestanding office, no part of the center shall be located within
50 feet of any property line.
(d) All recycling activities and storage areas shall be effectively screened from
view by walls, fences, or buildings. Such screening shall be designed and
installed to ensure that no part of recycling activities or a storage area can be
seen from rights-of-way or adjacent lots.
(e) All outdoor storage areas shall be surrounded by a solid fence or wall that is at
least eight feet high, located no less than 100 feet from any public right-of-
way, and located no less than 50 feet from any adjacent property.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
Page 296 City of Monticello Zoning Ordinance
(f) Recyclable materials shall be contained within a leak-proof bin or trailer, and
not stored on the ground.
(g) Only limited sorting, separation, or other processing of deposited materials
shall occur on the site.
(h) There shall be no collection or storage of hazardous or biodegradable wastes
(as defined by the PCA) on the site.
(i) Space shall be provided to park each commercial vehicle operated by the
center.
(j) The facility shall be administered by on-site persons during the hours the
facility is open.
(k) The site shall be maintained free of fluids, odors, litter, rubbish, and any other
non-recyclable materials. The site shall be cleaned of debris on a daily basis
and shall be secured from unauthorized entry and removal of materials when
attendants are not present.
(l) Noise levels shall be controlled in accordance with Section 5.2(A)(1)(f).
(m) Signage shall include the name and phone number of the facility operator and
indicate any materials not accepted by the center.
(n) Access to the center shall be from a collector or arterial street.
(o) No dust, fumes, smoke, vibration or odor above ambient level shall be
detectable on abutting properties.
(10) Self Storage Facilities
(a) Site Layout
(i) The minimum lot area shall be at least two acres.
(ii) If separate buildings are constructed, there shall be a minimum separation
of ten feet between buildings.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
City of Monticello Zoning Ordinance Page 297
(b) Operation
(i) The only commercial uses permitted on-site shall be the rental of storage
bays and the pickup and deposit of goods or property in storage. Storage
bays shall not be used to manufacture, fabricate, or process goods, to
service or repair vehicles, small engines or electrical equipment, or
conduct similar repair activities, to conduct garage sales or retail sales of
any kind, or to conduct any other commercial or industrial activity on the
site.
(ii) Individual storage bays or private postal boxes within a self-service
storage facility use shall not be considered premises for the purpose of
assigning a legal address.
(iii) No more than one security or caretaker quarters may be developed on the
site, and shall be integrated into the building’s design.
(iv) Except as otherwise authorized in this subsection, all property stored on
the site shall be enclosed entirely within enclosed buildings.
(v) If buildings or driving lanes are within 200 feet of a residential dwelling,
the hours of public access to the self-storage use shall be restricted to the
hours between 6:00 A.M. and 10:00 P.M.
(c) Parking and Circulation
(i) The one- or two-way traffic flow patterns in aisleways shall be clearly
marked. Marking shall consist, at a minimum, of standard directional
signage and painted lane markings with arrows.
(ii) Appropriate access and circulation by vehicles and emergency equipment
shall be ensured through the design of internal turning radii of aisleways.
(iii) All access ways shall be paved with asphalt, concrete, or comparable
paving materials.
(d) Building Appearance
(i) Garage doors serving individual storage units shall be perpendicular to a
public or private street so as to not be visible from adjacent streets.
(ii) Outdoor lighting shall be the minimum necessary to discourage vandalism
and theft, and shall be provided in accordance with Section 4.4, Exterior
Lighting.
(iii) The exterior facades of all structures facing a public street shall adhere to
Section 4.11, Building Materials.
(iv) Windows may not exceed 20 percent of any street-facing façade and shall
not be reflective.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
Page 298 City of Monticello Zoning Ordinance
(v) A maximum of two colors (excluding roof colors) shall be used on wall
facades visible from off-site areas. Colors shall be neutral, and shall not
be used to call attention to the use.
(vi) Perimeter or exterior walls visible from a public street or detached
residential dwelling shall not include metal as a primary material.
(vii) All mechanical equipment and dumpsters shall be fully screened from off-
site views.
(e) Fencing
All areas adjacent to a street frontage not occupied by a building shall include
fencing designed in accordance with the following standards:
(i) Fences shall be no shorter than six feet or taller than eight feet.
(ii) Fencing shall be masonry, wrought iron, steel, or aluminum and shall be
painted or vinyl coated with colors that compliment the buildings.
(iii) Chain link fencing is prohibited except where the use abuts lots with a
business zoning designation, but in no instance shall chain link fencing be
visible from a public street.
(iv) Metal fences shall include brick pilasters or supports located with
consistent on-center spacing.
(v) Wooden or chain link entry gates into the use are prohibited.
(f) Open Storage
Open storage of recreational vehicles and travel trailers of the type
customarily maintained by persons for their personal use shall be permitted
within a self service storage facility use, provided that the following standards
are met:
(i) No outdoor storage shall be visible from off-site views.
(ii) The storage shall occur only within a designated area, which shall be
clearly delineated.
(iii) The size of the storage area shall not exceed 25 percent of the buildable
area of the site.
(iv) Outdoor storage areas shall be located to the rear of the principal structure
and be screened with a wooden fence or masonry wall at least eight feet
high.
(v) Storage shall not occur within the areas set aside for minimum building
setbacks.
(vi) No dry stacking of boats shall be permitted on-site.
(vii) Vehicles shall be allowed on the premises for storage only.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (G) Regulations for Industrial Uses
City of Monticello Zoning Ordinance Page 299
(11) Truck or Freight Terminal [13-5(A)]
(a) The architectural appearance and functional plan of the building and site shall
not be so dissimilar to the existing, conforming buildings or areas as to cause
impairment in property values or constitute a blighting influence within the
district in which the proposed use is located. [13-5(A)(1)]
(b) Parking areas shall be screened from view of abutting residential districts in
compliance with Section 4.1(I) of this ordinance. [13-4(A)(2)]
(c) The entire site, other than that taken up by a building, structure, or plantings,
shall be surfaced with a material to control dust and drainage, which is subject
to the approval of the Community Development Department. [13-4(A)(3)]
(d) The site shall meet minimum lot dimension requirements of the District. [13-
4(A)(4)]
(e) No outside storage except as permitted or conditionally permitted in
compliance with Section 5.3(D)(23) of this ordinance. [13-4(A)(5)]
(f) Parking areas accessible to the public, including customers and employees
shall be paved. [13-4(A)(6)]
(g) No more than six thousand (6,000) square feet of the site shall be devoted to
the storage, parking, and/or circulation of semi-tractors and trailers, as
illustrated on a site plan submitted in connection with an application for a
conditional use permit. [13-4(A)(7)]
(h) All service activities shall occur within the principal building or approved
accessory buildings. [13-4(A)(8)]
(12) Waste Disposal and Incineration
(a) Disposal must be in accordance with Minnesota Pollution Control Agency
regulations.
(b) The facility must secure applicable local, county, state, and/or federal permits.
(13) Wrecker Services
(a) No portion of any salvage yard or junkyard shall be located within five
hundred (500) feet of any residence district;
City Code Title VII,
Chapter 6: Garbage
and Refuse
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (A) Purpose
Page 300 City of Monticello Zoning Ordinance
(b) All outside storage in such yards shall be enclosed by a sight-obscuring fence
of at least eight (8) feet in height, which fence and the materials used to
construct it shall be approved of by the City;
(c) No vehicles or junk shall be dismantled or stored within the 100-year flood
plain.
(d) Upon receiving a motor vehicle which will not be repaired, the battery shall
be removed and the engine lubricant, transmission fluid, brake fluid and
engine coolant shall be drained into watertight, covered containers and shall
be recycled or disposed of according to all applicable Federal and State laws,
rules, and regulations. No discharge of any fluids from any motor vehicle
shall be permitted into or onto the ground.
(e) To reduce noise, all dismantling of motor vehicles shall take place during
timeframes deemed reasonable by the City;
(f) No vehicle or junk shall be dismantled or stored within three hundred (300)
feet of any water body or inland wetland, regardless of size;
(g) No vehicles or junk shall be stored within three hundred (300) feet from the
property line of any school, church, public playground, public park or
cemetery or within ordinary view from the public facility.
(h) No vehicles or junk shall be dismantled or stored within three hundred (300)
feet of a well that serves as a public or private water supply unless such well
serves the business;
(i) No vehicles, junk or parts of other items shall be stored closer than one (100)
feet of any property line.
5.3 Accessory Use Standards
(A) Purpose
This section authorizes the establishment of accessory uses that are incidental and
customarily subordinate to principal uses. The purpose of this section is to allow a broad
range of accessory uses, so long as such uses are located on the same site as the
principal use, and so long as they comply with the standards set forth in this section in
order to reduce potentially adverse impacts on surrounding lands.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (B) General Standards and Limitations for Accessory Uses and Structures
City of Monticello Zoning Ordinance Page 301
(B) General Standards and Limitations for Accessory Uses and Structures
(1) Compliance with Ordinance Requirements
All accessory uses and accessory structures shall conform to all applicable
requirements of this Ordinance. The provisions of this Section establish
additional standards and restrictions for particular 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;
(f) Not be constructed or established prior to the time the principal use or
structure is constructed or established;
(g) Together with the principal use or structure, not violate any standards of this
Ordinance;
(h) Not be located within platted or recorded easements or over underground
public utilities; [3-2(D)(3)]
(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. [3-2(D)(1)]
(ii) For interior lots in the R-A and R-1 districts, an attached accessory
structure may be allowed to meet a 6 foot side yard setback provided the
sum of both side yard setbacks is a minimum of 20 feet.
(j) If a principal building is proposed to be removed with no immediate
replacement, all accessory structures shall also be removed.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (B) General Standards and Limitations for Accessory Uses and Structures
Page 302 City of Monticello Zoning Ordinance
(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).
(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. [3-2(D)(3)]
(b) Detached accessory buildings shall be six (6) feet or more from any other
building or structure on the same lot. [3-2(D)(3)]
(c) Accessory structures shall not be located beyond the front building line
established by the principal structure. [3-2(D)(2)]
(4) Maximum Height
(a) Detached accessory buildings shall not exceed fifteen (15) feet in height
except in the I-1 and I-2 districts. [3-2(D)(3)]
(b) No accessory structure shall exceed the height of the principal structure unless
specifically allowed by this ordinance.
(5) Maximum Number of Accessory Structures
In all residential zoning districts, the following limitations on accessory structures
shall apply:
(a) No more than one (1) private, detached major accessory building may be
erected for each dwelling; [3-2(D)(6)]
(b) No more than one (1) private, detached minor accessory building may be
erected for each dwelling; [3-2(D)(6)(b)]
(c) Additional major or minor accessory buildings may be erected if approved via
a conditional use permit pursuant to Section 2.4(D). [3-2(D)(6)(a)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
City of Monticello Zoning Ordinance Page 303
(C) Table of Permitted Accessory Uses
(1) Listed Accessory Uses
Table 5-6, lists the allowed types of accessory uses and structures within each
zoning district. If a specific accessory use is allowed in a district, the column
underneath the district is marked with a "P." If a specific accessory use is
conditionally permitted in a district, the column underneath the district is marked
with a "C." If the accessory use or structure is not allowed in a district, the
column is shaded. If there is a reference contained in the column entitled
"Additional Requirements", refer to the cited section(s) for additional standards
that apply to the specific accessory use.
(2) Interpretation of Unidentified Accessory Uses
(a) The Community Development Department shall evaluate applications for
accessory uses that are not identified in Table 5-6 on a case-by-case basis
using the following standards:
(i) The definition of “accessory use” (see Section 8.4 – Definitions) and the
general accessory use standards and limitations established in Section
5.3(B);
(ii) The additional regulations for specific accessory uses established in
Section 5.3(D), Specific Standards for Certain Accessory uses;
(iii) The purpose and intent of the base and overlay districts in which the
accessory use or structure is located;
(iv) Any potential adverse impacts the accessory use or structure may have on
other lands in the area as compared to other accessory uses permitted in
the district; and
(v) The compatibility of the accessory use or structure, including the structure
in which it is housed (if applicable), with other principal and accessory
uses permitted in the district.
(b) The decision of the Community Development Department to permit or deny
an unlisted use or structure is final, but may be appealed pursuant to Section
2.4(H).
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (C) Table of Permitted Accessory Uses
Page 304 City of Monticello Zoning Ordinance
(3) Table of Permitted Accessory Uses and Structures
TABLE 5-6: ACCESSORY USES BY DISTRICT
Base Zoning Districts Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Additional
Requirements
Accessory Dwelling Unit P P P P P 5.3(D)(1)
Accessory Building – minor
(≤ 120 square feet) P P P P P P P P P P P P P P P 5.3(D)(2)
Accessory Building – major
(> 120 square feet) P P P P P P C P P P P P P P P 5.3(D)(3)
Adult Use – accessory C 5.3(D)(4)
Agricultural Buildings P 5.3(D)(5)
Automated Teller Machines
(ATMs) P P P P P P P P 5.3(D)(6)
Boarder(s) P P P 5.3(D)(7)
Commercial Canopies P P P P P P P P 5.3(D)(8)
Communication Antennas and
Antenna Support Structures P P P P P P P P P P P P P P P 5.3(D)(9)
Donation Drop-off Containers P P 5.3(D)(10)
Drive-Through Services P P P C P P P 5.3(D)(11)
Fences or Walls P P P P P P P P P P P P P P P 5.3(D)(12)
Greenhouse/Conservatory
(non-commercial) P P P P P P P P P P P P P P P 5.3(D)(13)
Heliports C C C C C 5.3(D)(14)
Home Occupations P P P P P P P P P 5.3(D)(15)
Indoor Food/Convenience Sales P P P P P P P P 5.3(D)(16)
Incidental Light Manufacturing P P P P P P P P 5.3(D)(17)
Off-street Loading Space P C P P P P P P P 5.3(D)(18)
Off-street Parking P P P P P P P P P P P P P P P 5.3(D)(18)
Open Sales P P P P P P C C C 5.3(D)(19)
Operation and storage of
agricultural vehicles, equipment,
and machinery
P
5.3(D)(20)
Outdoor Sidewalk Sales &
Display (businesses) P P P P P P P P 5.3(D)(21)
Outdoor Storage P P P P P P P P P C C C P P 5.3(D)(22)
Park Facility Buildings &
Structures (public) P P P P P P P P P P P P P P P 5.3(D)(23)
Retail Sales of Goods (as part of
an office or industrial use) P P P P P P C C 5.3(D)(24)
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 305
TABLE 5-6: ACCESSORY USES BY DISTRICT
Base Zoning Districts Use Types
“P” = Permitted
“C” = Conditionally Permitted
“I” = Interim Permitted
A
O
R
A
R
1
R
2
T
N
R
3
M
H
B
1
B
2
B
3
B
4
C
C
D
I
B
C
I
1
I
2
Additional
Requirements
Satellite Dish Antenna P P P P P P P P P P P P P P P 5.3(D)(25)
Shelters (Storm or Fallout) P P P P P P P P P P P P P P P 5.3(D)(26)
Sign(s) P P P P P P P P P P P P P P P 5.3(D)(27)
Solar Energy System P P P P P P P P P P P P P P P 5.3(D)(28)
Swimming Pool P P P P P P P P P P P P P P P 5.3(D)(29)
Large Trash Handling and
Recycling Collection Area P P P P P P P P P P P 5.3(D)(30)
Wind Energy Conversion
System, Commercial C C C C C 5.3(D)(31)
Wind Energy Conversion
System, Non-commercial C C C C C C C C C C C C C C C 5.3(D)(32)
(D) Additional Specific Standards for Certain Accessory Uses
(1) Accessory Dwelling
(a) Accessory dwelling units are permitted only on lots with single-family
detached dwellings.
(b) No more than one accessory dwelling unit per lot is permitted.
(c) Detached accessory dwellings shall be architecturally compatible with the
principal dwelling.
(d) Occupants of accessory dwelling units are limited to the following:
(i) Family members of the person occupying the principal structure. Family
members include parents, children, siblings, grandparents, aunts, uncles,
and cousins of an occupant of the primary structure.
(ii) Employee of the occupant of the principal structure whose employment is
directed to the principal structure and/or the associated land area of the
principal structure.
(iii) Employee who provides medical and/or personal care services to an
occupant of the primary structure.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 306 City of Monticello Zoning Ordinance
(e) Accessory dwelling units shall be positioned in one of the following locations:
(i) Within the principal structure (e.g. a lower level apartment);
(ii) Attached to the principal building;
(iii) Detached and behind the principal structure as a freestanding building or
above a detached outbuilding.
(f) Attached accessory dwelling units shall adhere to the following:
(i) The accessory dwelling unit must be attached to the principal structure
and have an operative interconnecting door with the principal structure.
(ii) Access to the unit shall only be from the side or rear yard of the principal
structure.
(g) Detached accessory dwelling units shall adhere to the following:
(i) The detached accessory dwelling unit shall be a minimum of six (6) feet
from the principal structure.
(ii) The accessory dwelling unit must be located in the same base zoning
district as the principal structure.
(h) The use of manufactured homes, travel trailers, campers, tractor trailers, or
similar vehicles as an accessory dwelling unit shall be prohibited.
(i) An accessory dwelling unit shall have a floor area of at least 300 square feet
and shall not exceed 25 percent of the floor area in the principal structure.
(j) At least one, but no more than two, off-street parking spaces shall be provided
for an accessory dwelling unit (in addition to the required off-street parking
serving the principal use).
(k) Accessory dwelling units shall not be sold apart from the principal structure.
(l) Accessory dwelling units shall not include home occupations.
(2) Accessory Building – Minor
(a) Minor accessory buildings do not require a building permit, but shall comply
with all applicable zoning regulations.
(b) In the R-4 district, one minor accessory building for storage of equipment and
refuse is permitted for each manufactured home provided the accessory
building can meet all required setbacks, and is designed of weather resistance
material that will enhance the general appearance of the lot.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 307
(3) Accessory Building – Major
(a) In all residential districts except R-4, the following shall apply:
(i) Size
1. Except by Conditional Use Permit issued pursuant to Section
5.3(D)(3)(a)(i)(2) below, no detached accessory building shall exceed
ten percent (10%) of the rear yard of the parcel on which it is located,
nor shall any combination of attached garage and detached accessory
building exceed the following maximum area, whichever is less: [3-
2(D)(4)]
a. 1,200 square feet; or[3-2(D)(4)(a)]
b. The gross square footage of the principal building footprint. [3-
2(D)(4)(b)]
2. The size limitations for accessory building area listed in Section
5.3(D)(3)(a)(i)(1) above may be increased, up to a maximum square
footage of 1,500 square feet, by the issuance of a Conditional Use
permit when the following conditions are found to exist: [3-2(D)(5)]
a. Accessory building space is to be utilized solely for the storage of
residential personal property of the occupant of the principal
dwelling, and no accessory building space is to be utilized for
commercial purposes. [3-2(D)(5)(a)]
b. The parcel on which the accessory building is to be located is of
sufficient size such that the building will not crowd the open
space on the lot. [3-2(D)(5)(b)]
c. The accessory building will not be so large as to have an adverse
effect on the architectural character or reasonable residential use
of the surrounding property. [3-2(D)(5)(c)]
d. The accessory buildings shall be constructed to be similar to the
principal building in architectural style and building materials.
[3-2(D)(5)(d)]
(ii) Private Garages
1. Private garages shall be used by the family or families residing upon
the premises, except as follows:
a. 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 ordinance
is provided elsewhere on the property. [6-3(A)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 308 City of Monticello Zoning Ordinance
b. All 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 the
available garage space does not exceed two spaces. [existing
private garage definition]
2. No business, service, or industry shall be carried on within a private
garage; [6-3(A)]
3. Private garages shall not be used for the storage of more than one (1)
commercial vehicle owned or operated by a resident per dwelling
unit. [6-3(A)]
(b) In the R-4 district, the following shall apply:
(i) Accessory storage buildings in manufactured home parks, if not reviewed
and approved as part of a PUD, shall be conditionally permitted subject to
the following additional requirements:
1. 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. [9-4(A)(3)]
2. Accompanying outdoor storage areas shall be fully screened from
surrounding manufactured home units and adjacent properties. [9-
4(A)(1)]
(c) In all business and industrial districts, commercial or business buildings and
structures for a use accessory to the principal use is permitted provided that:
(i) In all districts except I-2, such use shall not exceed thirty (30) percent of
the gross floor space of the principal use. [11-3(A), 12-3(A), 13-3(A), 14-
3(A), 15A-3(A), 15B-3(A)]
(ii) In the I-2 district, such use shall not exceed forty (40) percent of the gross
floor space of the principal use. [16-3(A)]
(4) Adult Use/Accessory Activities provided that:
(a) Activities classified as obscene as defined by Minnesota Statute 617.241 are
not permitted and are prohibited. [3-10(B)(1)]
(b) An adult use which does not qualify as an accessory use shall be classified as
an adult use/principal. [3-10(B)(3)]
(c) Adult use/accessory activities shall be prohibited from locating in any
building which is also utilized for residential purposes. [3-10(B)(2)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 309
(d) Adult use/accessory activities shall comprise no more than ten (10) percent of
the floor area of the establishment in which it is located or shall comprise an
area no greater than 100 sq ft of floor area in which it is located, whichever is
smaller. [3-10(D)(2)]
(e) Adult use/accessory activities shall be restricted and prohibited from access to
minors by the physical separation of such items from areas of general public
access: [3-10(D)(3)]
(i) Movie Rentals. Display areas shall be restricted from general view and
shall be located within a separate room, the access of which is in clear
view and under the control of the persons responsible for the operation.
[3-10(D)(3)(a)]
(ii) Magazines. Publications classified or qualifying as adult uses shall be
covered with a wrapper or other means to prevent display of any material
other than the publication title. [3-10(D)(3)(b)]
(iii) Other Use. Adult use/accessory activities not specifically cited shall
comply with the intent of this section subject to the approval of the
Zoning Administrator. [3-10(D)(3)(c)]
(f) Adult use/accessory activities shall be prohibited in establishments where
liquor is served. [3-10(D)(5)]
(g) Adult use/accessory activities shall be prohibited at any public show, movie,
caravan, circus, carnival, theatrical, or other performance or exhibition
presented to the general public where minors are admitted. [3-10(D)(6)]
(5) Agricultural Buildings
Agricultural buildings shall adhere to overlay and base zoning district
requirements for maximum height, but may exceed the height of the principal
structure in the A-O zoning district.
(6) Automated Teller Machines
Drive-up or drive-through ATMs shall be located in a manner that will not result
in stacking of vehicles in a public right-of-way.
(7) Boarders
(a) Within the A-O zoning district, the boarding or renting of rooms shall be
limited to two (2) persons per dwelling unit. [5-3(B)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 310 City of Monticello Zoning Ordinance
(b) Within the R-1 zoning district, the boarding or renting of rooms shall be
limited to one (1) person per dwelling unit. [6-3(G)]
(8) Commercial Canopies
(a) Canopies shall not be internally illuminated.
(b) Lighting shall be recessed and down directional.
(9) Communication Antennas and Antenna Support Structures
All communication antenna and antenna support structures shall adhere to the
requirements of Section 4.13 in this ordinance.
(10) Donation Drop-off Containers
(a) No more than one (1) container shall be located on a parcel.
(b) Be limited to one sign no more than four (4) feet high and sixteen (16) square
feet in area that displays the name and telephone number of the party
responsible for the donation container.
(c) The container shall not block access to required parking spaces or parking lot
aisles.
(d) The container shall not be located within fifty (50) feet of a dwelling.
(11) Drive-Through Service
(a) In general, all drive through service lanes shall adhere to the following:
(i) Service provided by the drive through facility is accessory to an interior
on-site service within the same building. [14B-5(E)(1)]
(ii) Drive-through facilities shall be located at least 200 feet from all
residential zoning districts except R-3 and R-4.
(iii) Drive-through lanes shall be designed to avoid disruption of pedestrian
and vehicular traffic flow, both on- and off-site. [14B-5(E)(2)]
(iv) Drive-through lanes shall not be located between the restaurant entrance
and customer parking spaces whenever possible.
(v) Landscaping and other site improvements are included which screen
automobile stacking space from the public street. [14B-5(E)(3)]
(vi) Voice amplifiers used in conjunction with drive-thru services shall not be
audible to adjoining residential areas. [10-8(J)(5)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 311
(vii) Minimum stacking space shall be provided per the requirements of Table
5-7:
TABLE 5-7: REQUIRED STACKING SPACES FOR DRIVE THROUGHS
Use or Activity [1] Minimum Number of Stacking Spaces
(per lane) Measured From [2]
Automated Teller Machines (ATMs) 3 Teller machine
Financial Institution 3 Teller window
Personal Services (e.g. dry-cleaning) 4 Window
Restaurants 5 Pick-up Window
Retail Commercial Uses
(e.g. pharmacy) 4 Window
Other
Uses not specifically listed shall have their stacking space minimums
determined by the Community Development Department based on
standards for comparable uses listed above.
[1]: See Table 5-1: Uses By District, and/or Table 5-6: Accessory Uses by District
[2]: Distance shall be measured from window where products are delivered when more than one window is used
for the drive through service.
(b) Drive through service within the CCD district shall adhere to the following
additional standards: [14B-5(E)]
(i) The principal building occupies no less than forty (40) percent of the
property, exclusive of easements devoted to public pedestrian use or other
outdoor public spaces. [14B-5(E)(4)]
(ii) The building, site, and signage meet the standards for the “CCD” district,
and design review is conducted by the Planning Commission. [14B-
5(E)(5)]
(iii) The proposed use demonstrates compatibility and consistency with the
City’s Comprehensive Plan and Downtown Revitalization Plan. [14B-
5(E)(6)]
(12) Fences or Walls
Fences or walls shall comply with the finishing standards contained in Section
4.3, Fences and Walls.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 312 City of Monticello Zoning Ordinance
(13) Greenhouse / Conservatory (non-commercial)
Greenhouses or conservatories accessory to residential units shall not be used for
commercial purposes.
(14) Heliports
Heliports shall be limited to hospitals which require such for responding to
medical emergencies.
(15) Home Occupations
(a) Purpose
The purpose of this section is to prevent competition with business districts
and to provide a means through the establishment of specific standards and
procedures by which home occupations can be conducted in residential
neighborhoods without jeopardizing the health, safety, and general welfare of
the surrounding neighborhood. In addition, this section is intended to provide
a mechanism enabling the distinction between permitted home occupations
and special or customarily "more sensitive" home occupations so that
permitted home occupations may be allowed through an administrative
process rather than a legislative hearing process. [3-11(A)]
(b) Application
Subject to the non-conforming use provision of this ordinance, all occupations
conducted in the home shall comply with the provisions of Section
5.3(D)(15). This section shall not be construed, however, to apply to home
occupations accessory to farming. [3-11(B)]
(c) Exempted Home Occupations
Daycare home facilities shall be governed by the regulations for “group
residential facilities” which are subject to the standards in Section 5.2(C)(3).
(d) General Provisions Applicable to all Home Occupations
All home occupations shall comply with the following general provisions: [3-
11(D)]
(i) All home occupations shall comply with the provisions of the City code.
[3-11(D)(1)(h)]
(ii) Not have substantial adverse effects or noise impacts on nearby
residential neighborhoods. [3-11(D)(1)(a)]
(iii) No equipment shall be used in the home occupation which will create
electrical interference to surrounding properties. [3-11(D)(1)(b)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 313
(iv) Any home occupation shall be clearly incidental and secondary to the
residential use of the premises, should not change the residential character
thereof and shall result in no incompatibility or disturbance to the
surrounding residential uses. [3-11(D)(1)(c)]
(v) No home occupation shall require internal or external alterations or
involve construction features not customarily found in dwellings except
where required to comply with local and state fire and police
recommendations. [3-11(D)(1)(d)]
(vi) There shall be no exterior storage of equipment or materials used in the
home occupation, except personal automobiles used in the home
occupation may be parked on the site. [3-11(D)(1)(e)]
(vii) The home occupation shall meet all applicable fire and building codes. [3-
11(D)(1)(f)]
(viii) All signage on the property shall conform to requirements for residential
signs in Section 4.5. [3-11(D)(1)(g)]
(ix) No home occupation shall be conducted between the hours of 10 p.m. and
7 a.m. unless said occupation is contained entirely within the principal
building and will not require any on-street parking facilities. [3-
11(D)(1)(i)]
(x) No home occupation shall generate more traffic than one (1) car for off-
street parking at any given point in time. [3-11(D)(1)(j)]
(xi) If located in the CCD district, the home occupation must meet all
requirements for a “permitted home occupation” enumerated in
subsection 5.3(D)(15)(e) below.
(e) Specific Requirements for Permitted Home Occupations [3-11(E)]
Permitted home occupations may be conducted without any City approvals
provided the provisions applicable to all home occupations [Section
5.3(D)(15)(d)] and the following additional provisions are all met:
(i) Employees of the business who do not reside on the premises shall be
prohibited from conducting any business activities whatsoever on the
premises. [3-11(E)(1)]
(ii) All permitted home occupations shall be conducted entirely within the
principal building and may not be conducted in an accessory building. [3-
11(E)(2)]
(iii) No customer visits to the premises shall be permitted.
(iv) No deliveries other than those routinely made in a residential district
(U.S. Mail, United Parcel Service, etc) shall be permitted.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 314 City of Monticello Zoning Ordinance
(v) The home occupation shall not be used as a work staging area whereby
employees report to the home occupation site to receive work
assignments for working elsewhere.
(f) Specific Requirements for Administrative Home Occupations
(i) Administrative home occupations may be established only after securing
an administrative Home Occupation Permit from the Community
Development Department. Examples of home occupations allowed by
permit include: art studio, dressmaking, secretarial services, foster care,
professional offices and teaching with musical, dancing, and other
instructions which consist of no more than one pupil at a time and similar
uses. [3-11(C)(1 paragraph 1); 3-11(E)(4)]
(ii) Administrative home occupation shall not involve any of the following:
repair service or manufacturing which requires equipment other than that
which is typically found in a dwelling; teaching which customarily
consists of more than one pupil at a time; over-the-counter sale of
merchandise produced off the premises, except for brand name products
that are not marketed and sold in a wholesale or retail outlet. [3-11(E)(5)]
(iii) All administrative home occupations shall comply with the provisions
applicable to all home occupations [Section 5.3(D)(15)(d)] and the
following additional provisions in order to obtain a permit:
1. No person other than a resident shall conduct the home occupation,
except where the applicant can satisfactorily prove unusual or unique
conditions or need for non-resident assistance from no more than one
person, and that this exception would not compromise the intent
outlined in Section 5.3(D)(15)(a). [3-11(F)(1)]
2. All administrative home occupations shall be conducted entirely
within the principal building and may not be conducted in an
accessory building.
3. Customer visits to the home occupation shall be arranged by
appointment with no more than one (1) customer scheduled to be on
the premises at any given point in time.
4. No deliveries other than those routinely made in a residential district
(U.S. Mail, United 0Parcel Service, etc) shall be permitted.
5. The home occupation shall not be used as a work staging area
whereby employees report to the home occupation site to receive
work assignments for working elsewhere.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 315
(g) Specific Requirements for Conditionally Permitted Home Occupations
(i) Conditionally permitted home occupations may be established only after
securing a conditional use permit subject to the requirements of Section
2.4(D) of this ordinance. Examples of conditionally permitted home
occupations include: barber and beauty services, photography studio,
group lessons, saw sharpening, skate sharpening, small appliances and
small engine repair and the like. [3-11(C)(2); 3-11(F)(2)]
(ii) All conditionally permitted home occupations shall comply with the
provisions applicable to all home occupations [Section 5.3(D)(15)(d)] and
the following additional provisions in order to obtain a permit:
1. No person other than a resident shall conduct the home occupation,
except where the applicant can satisfactorily prove unusual or unique
conditions or need for non-resident assistance from no more than four
people, and that this exception would not compromise the intent of
Section 5.3(D)(15). [3-11(F)(1)]
2. The home occupations shall not create a parking demand in excess of
that which can be accommodated on the premises as regulated by
Section 4.8 of this ordinance, or five vehicles, whichever is less.
3. No vehicle on the premises shall be parked closer than fifteen (15)
feet from the curb line. [3-11(E)(3)]
4. Areas for stock-in-trade incidental to the performance of the service
and equipment other than that which is typically found in a dwelling
shall be identified on a site plan, and the applicant shall need to
successfully demonstrate how such can be accommodated out of view
from neighboring properties. [3-11(F)(3)]
(h) Inspection
The City hereby reserves the right upon issuing any home occupation permit
to inspect the premises in which the occupation is being conducted to ensure
compliance with the provisions of this section or any conditions additionally
imposed. (8/10/92, #232) [3-11(F)(5)]
(16) Indoor Food / Convenience Sales
Indoor food/convenience sales occurring as an accessory use shall comply with
the following standards:
(a) Size
The square footage used by food sales operations, including preparation,
sales, and storage, but not including dining, shall not exceed 30 percent of the
principal use.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 316 City of Monticello Zoning Ordinance
(b) Location
(i) To the maximum extent practicable, food sales areas shall be internal to
the principal use they serve.
(ii) In residence districts, such accessory uses shall be limited to schools,
colleges, universities, hospitals, airports, bus stations, and other similar
institutions permitted in the district. (9.14 subd (3)(F)(2&3))
(c) Entrances
Entrance to the food sales area shall be via the principal use it serves and shall
not have dedicated off-street parking areas or signage.
(17) Incidental Light Manufacturing
(a) Light manufacturing or assembly are permitted accessory uses in all industrial
zoning districts subject to the restrictions for the primary use outlined in this
ordinance.
(b) Light manufacturing or assembly of products in commercial zoning districts
shall only be conducted if:
(i) The manufacturing or assembly is related to the products being sold or
offered by the Principal Use;
(ii) No less that 40% of the goods manufactured or assembled as part of the
accessory use shall be sold in a retail outlet for the principal use.
(iii) The retail outlet for the principal use shall be used for display,
consumption, sale and other retail activity related to the goods produced
by the accessory use, and such retail activity (whether display,
consumption and/or sale) must constitute a minimum of 50% of the gross
floor area of the principle use.
(iv) The area used for light manufacturing or assembly activity shall not
exceed 30% of the gross floor area of the principal use. [10-8(E)(3)(c)]
(v) The light manufacturing or assembly shall be compatible with adjacent
property owners, tenants, and civic institutions as well as proposed uses
as found in the comprehensive plan.
The light manufacturing or assembly shall be very specific, and only be
allowed in conjunction with a specific business activity (i.e. authorization
for manufacturing monuments shall only be allowed as an accessory use
to a monument shop. If the principal use changes to cell phone sales, the
accessory use of manufacturing monuments shall cease).
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 317
(18) Off-street Parking & Loading Space
Off-street parking and loading spaces shall comply with the finishing standards
contained in Section 4.8, Off-Street Parking & Loading.
(19) Open Sales
(a) In all residential districts where open sales is permitted, such sales shall be
limited to motor vehicles, boats, motorized equipment, and recreational
vehicles subject to the following conditions: [6-3(I)]
(i) An active principal use operating in a principal structure shall be present.
(ii) No more than a total of three items per site may be advertised for sale per
year. [6-3(I)(1)]
(iii) No more than two items can be displayed for sale at any one time on any
property. [6-3(I)(2)]
(iv) Individual items may not be displayed in excess of 30 days in the
aggregate for all items displayed. [6-3(I)(3)]
(v) Items sold are limited to articles owned by individuals that make their
primary residence at the limited open sales site. [6-3(I)(4)]
(vi) Sale items may not be placed on a public right-of-way. [6-3(I)(5)]
(vii) A sign advertising a sale item shall conform to the requirements of
Section 4.5 Signs. [6-3(I)(6)]
(b) In commercial and industrial districts where open sales is conditionally
permitted, the following standards shall apply: [13-4(F)(6) ; 14-4(B)(5); 15B-
4(B)(5)]
(i) Outside services, sales and equipment rental connected with the principal
uses is limited to thirty (30) percent of the gross floor area of the principal
use. This percentage may be increased through issuance of the
conditional use permit. [13-4(F)(1); 14-4(B)(1); 15B-4(B)(1)]
(ii) Outside sales areas are fenced or screened from view of residentially
zoned areas and public right-of-way in compliance with Section 4.1(I) of
this ordinance. [13-4(F)(2) ; 14-4(B)(2); 15B-4(B)(2)]
(iii) All lighting shall be in compliance with Section 4.4 of this ordinance. [13-
4(F)(3) ; 14-4(B)(3); 15B-4(B)(3)]
(iv) Sales area is grassed or surfaced to control dust. [13-4(F)(4) ; 14-4(B)(4);
15B-4(B)(4)]
(v) Does not take up parking space as required for conformity to this
ordinance. [13-4(F)(5)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 318 City of Monticello Zoning Ordinance
(20) Operation and Storage of Agricultural Vehicles, Equipment, and Machinery
Vehicles, equipment, and machinery being stored shall be incidental to a
permitted or conditionally permitted uses.
(21) 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;
(22) Outdoor Storage
(a) In all zoning districts, all materials and equipment, except as specifically
denoted in this ordinance, shall be stored within a building or fully screened
so as not to be visible from adjoining properties except for the following: [3-
2(N)]
(i) Clothes line pole and wire. [3-2(N)(1)]
(ii) Recreational equipment and vehicles, subject to off-street parking
regulations in Section 4.8 of this ordinance [3-2(N)(2)] (new revised off-
street parking language)
(iii) Construction and landscaping material currently being used on the
premises. [3-2(N)(3)]
(iv) Off-street parking of passenger vehicles, emergency vehicles and small
commercial vehicles in residential areas, unless otherwise required to be
screened according to Section 4.8 of this ordinance. [3-2(N)(4)] (new
revised off-street parking language)
(v) Propane tanks, fuel oil tanks, and other similar residential heating fuel
storage tanks which do not exceed 1,000 gallons in capacity and shall not
be located within five (5) feet of any property line. [3-2(N)(5)]
(vi) Wood piles in which wood is stored for fuel provided that not more than
10 cords shall be stored on any property. A cord shall be 4'x4'x8'. [3-
2(N)(6 paragraph 1)]
(vii) All wood piles shall be five (5) feet or more from the rear and side yard
property lines and shall be stored behind the appropriate setback line in
front yards. [3-2(N) (6 paragraph 2)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 319
(viii) Solar energy systems. [3-2(N)(7)]
(ix) Wind energy conversion systems.
(b) In business and industrial districts, the following shall apply: [13-4(E);
15A-4(A); 15B-4(A)]
(i) The area is fenced and screened from view of neighboring residential uses
in compliance with Section 4.1(I) of this ordinance. [13-4(E)(1); 14-
4(A)(1); 15A-4(A)(1); 15B-4(A)(1)]
(ii) Storage is screened from view from the public right-of-way in compliance
with Section 4.1(I) of this ordinance. [13-4(E)(2); 14-4(A)(2); 15A-
4(A)(2); 15B-4(A)(2)]
(iii) Storage area is grassed or surfaced to control dust. [13-4(E)(3); 14-
4(A)(3); 15A-4(A)(3); 15B-4(A)(3)]
(iv) All lighting shall be in compliance with Section 4.4 of this ordinance. [13-
4(E)(4); 14-4(A)(4); 15A-4(A)(4); 15B-4(A)(4)]
(v) Does not take up parking space as required for conformity to this
ordinance. [13-4(E)(5)]
(vi) The use shall require authorization through a conditional use permit
following the provisions of Section 2.4(D) of this ordinance. [13-4(E)(6);
14-4(A)(5); 15A-4(A)(5); 15B-4(A)(5)]
(23) Park Facility Buildings and Structures
Limitations on number and size for accessory buildings and structures shall not
apply to active or passive public park facilities.
(24) Retail Sales of Goods (as part of an office or industrial use)
(a) Location: [15A-4(C)(1)]
(i) All sales are conducted indoors within a clearly defined area of the
principal building reserved exclusively for retail sales. Said sales area
must be physically segregated from other principal activities in the
building. [15A-4(C)(1)(a)]
(ii) The retail sales area must be located on the ground floor of the principal
building. [15A-4(C)(1)(b)]
(b) Sales Area. The retail sales activity shall not occupy more than fifteen (15)
percent of the gross floor area of the building. [15A-4(C)(2)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 320 City of Monticello Zoning Ordinance
(c) Access. The building where such use is located is one having direct access to
a collector or arterial level street without the necessity of using residential
streets. [15A-4(C)(3)]
(d) Hours. Hours of operation are limited to 8:00 a.m. to 9:00 p.m. The
provisions of this section are considered and satisfactorily met. [15A-4(C)(4)]
(25) Satellite Dish Antennas
(a) All private satellite dish antennas within any residential district shall:
(i) Be located to the rear of the principal building, but not within five feet of
any side or rear property line or in any required landscape area, and not
within ten feet of any property line adjoining a street;
(ii) Be screened so that no more than 40 percent of the area of the satellite
dish antenna is visible from public rights-of-way; and
(iii) Be erected in a secure, wind resistant manner.
(b) Private satellite dish antennas measuring one meter (39 inches) or larger in
diameter that are visible from adjacent streets shall be prohibited in all
residential zoning districts except A-O.
(c) Commercial freestanding satellite dishes shall be allowed as permitted uses in
the business and industrial zoning districts as well as the A-O residential
zoning district.
(d) Accessory equipment associated with a commercial freestanding satellite dish
shall be located within the principal building or within an enclosure which is
constructed of materials and color scheme compatible with the principal
building.
(e) Commercial freestanding satellite dishes and any accessory equipment
enclosures shall meet the setback requirements for accessory structures within
the zoning district they are to be located.
(26) Shelters (Storm or Fallout)
Storm and fallout shelters shall not alter the character of the premises with respect
to the primary use as permitted in the district.
(27) Sign(s)
All signs within the City shall comply with the finishing standards contained in
Section 4.5, Signs.
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
City of Monticello Zoning Ordinance Page 321
(28) Solar Energy Systems
(a) All solar energy systems shall be operable and maintained in good repair.
(b) Solar energy systems shall meet all required setbacks and height requirements
of the underlying zoning district.
(c) Solar energy systems shall be an integral part of the structure to which they
are attached.
(d) As a means of evidencing existing solar access conditions prior to installation,
the owner of a solar energy system may file notarized photographs of the
subject area with the Community Development Department prior to
installation of said system.
(29) Swimming Pools
(a) All swimming pools, hot tubs, spas, and other water tanks exceeding 24
inches in depth must be fenced in accordance with the provisions of Section
5.3(D)(31).
(b) Residential swimming pool fences shall be constructed as follows:
(i) Residential swimming pool fences must be at least 48 inches in height.
The fence must not permit the passage of a 4-inch sphere through
openings in the fence. Fences must be constructed of durable, corrosion-
and decay- resistive materials. Openings below the fence to grade must
not exceed 4 inches. [3-2(F)(10)(a)(i)]
(ii) Where an above-ground pool structure has walls that are at least 4 feet in
height, the pool wall may serve to meet the fencing requirements;
however, the access to the pool must provide equivalent protection to
prevent unauthorized entry. [3-2(F)(10)(a)(ii)]
(iii) Fences for swimming pools must include a self-closing, self-latching
device on all gates. Latches must be installed at least 3 feet 6 inches
above grade. Gates must not exceed 4 feet in width and must meet the
same construction requirements as fences. You must provide temporary
fencing during installation if your yard is not fenced. Building permits
are required for fences exceeding six (6) feet in height. [3-2(F)(10)(a)(iii)]
(c) Commercial swimming pool fences shall be not less than 5 feet in height and
constructed as required by the Minnesota Department of Health. [3-
2(F)(10)(b)]
CHAPTER 5: USE STANDARDS
Section 5.3 Accessory Use Standards
Subsection (D) Additional Specific Standards for Certain Accessory Uses
Page 322 City of Monticello Zoning Ordinance
(d) In addition to the requirements above, all swimming pools shall adhere to the
City Code requirements for swimming pools outlined in Title 4, Chapter 3 of
City Code.
(30) Trash Handling and Recycling Collection Area
(a) Multiple-family structures with more than four dwelling units shall adhere to
the following:
(i) All large trash handling and recycling collection area(s) shall be:
1. Located within the principal structure and be totally screened from
public view by the principal building; or
2. Be stored within an accessory structure constructed of building
materials compatible with the principal structure, enclosed by a roof,
and readily served through swinging doors.
(ii) Compactors that are attached to the principal structure shall be totally
screened from eye level view from public streets and adjacent properties
by a screening wall constructed of the same building material as the
principal structure.
(b) Trash handling and recycling collection area(s) serving commercial and
industrial uses shall be subject to the following standards:
(i) Depicted on Site Plans
The location and configuration of screening for large trash handling and
recycling collection areas shall be depicted on all required landscaping
plans.
(ii) Screening Configuration
1. Large trash handling and recycling collection areas shall be fully
screened from adjacent properties.
2. In cases where access to large trash handling and recycling face a
public right-of-way, the access way shall be screened with an opaque
gate. Chain link shall not be used for such gates.
3. Compactors that are attached to the principal structure shall be totally
screened from eye level view from public streets and adjacent non-
industrial properties by a screening wall constructed of the same
building material as the principal structure.
(iii) Setbacks
1. Large trash handling and recycling shall meet the required setbacks
for structures as required in the underlying zoning district.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (A) Purpose
City of Monticello Zoning Ordinance Page 323
2. In all cases, large trash handling and recycling collection areas shall
be at least six feet from a side or rear lot line, and shall not be located
within front yards or corner side yards.
(iv) Design Materials
If a wall or detached accessory structure is used to screen or define a large
trash handling and recycling collection area, the building materials used
for the wall or accessory structure shall be compatible with the principal
structure and be readily served through swinging doors.
(v) Ground Surface Requirements
Areas intended for large trash handling and recycling collection areas
shall be surfaced with concrete that meets or exceeds minimum City
standards.
(vi) Drainage
Eating establishments and other uses that produce significant amounts of
liquid waste shall configure areas intended for large trash handling and
recycling collection areas to drain to the sanitary sewer system through
grease traps or similar devices as required by the Community
Development Department.
(31) Wind Energy Conversion System – Commercial
All commercial WECS systems shall adhere to the requirements of Section 4.12
in this ordinance.
(32) Wind Energy Conversion System – Non-commercial
(a) Non-commercial WECS systems shall have a total height of less than 200
feet.
(b) All non-commercial WECS systems shall adhere to the requirements of
Section 4.12 in this ordinance.
5.4 Temporary Uses
(A) Purpose
This section allows for the establishment of certain temporary uses of limited duration
and special events, provided that such uses comply with the standards in this subsection
and are discontinued upon the expiration of a set time period. Temporary uses and
special events shall not involve the construction or alteration of any permanent building
or structure.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (C) General Standards for Temporary Uses
Page 324 City of Monticello Zoning Ordinance
(B) Permit Required
Temporary uses and structures that require a permit shall be reviewed in accordance
with the process outlined in Section 2.4(L), Temporary Use Permits; and if a building
permit is also necessary, in accordance with Section 2.4(I), Building Permits.
(C) General Standards for Temporary Uses
Temporary uses, structures, or events shall comply with the following:
(1) Obtain the appropriate permits (as required);
(2) Not be detrimental to property or improvements in the surrounding area or to the
public health, safety, or general welfare;
(3) Be compatible with the principal uses taking place on the site;
(4) Not have substantial adverse effects or noise impacts on nearby residential
neighborhoods;
(5) Not include permanent alterations to the site;
(6) Meet all the setbacks of the underlying base and overlay zoning districts, unless
expressly stated otherwise in this ordinance.
(7) Temporary signs permitted under the Code and associated with the use or
structure shall be removed when the temporary activity ceases.
(8) Not violate the applicable conditions of approval that apply to a site or use on the
site;
(9) Not interfere with the normal operations of any permanent use located on the
property; and
(10) Contain sufficient land area to allow the temporary use, structure, or special event
to occur, as well as adequate land to accommodate the parking and traffic
movement associated with the temporary use, without disturbing environmentally
sensitive lands.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (D) Table of Allowed Temporary Uses and Structures
City of Monticello Zoning Ordinance Page 325
(D) Table of Allowed Temporary Uses and Structures
Table 5-8 summarizes allowed temporary uses and structures and any general or
specific standards that apply. Temporary uses or structures not listed in the table are
prohibited.
TABLE 5-8: TEMPORARY USES & STRUCTURES
Temporary Use or
Structure
Allowable Duration
(per site) Permit(s) Required Additional Requirements
Temporary Structure
Construction Dumpster
(on public ROW/property) Yes Sec 5.4(E)(1)(a)
Construction Dumpster
(on private property)
Until issuance of certificate
of occupancy or two days
following expiration or
finaling of a building permit No Sec 5.4(E)(1)(b)
Construction Trailer Until issuance of certificate
of occupancy Yes Sec 5.4(E)(2)
Recreational Vehicle Use 1 month Yes Sec 5.4(E)(3)
Real Estate Office / Model
Sales Home
Until 85% occupancy of
the phase is reached Yes + Building Permit Sec 5.4(E)(4)
Temporary Mobile Cell
Site 30 days Yes + Building Permit Sec 5.4(E)(5)
Temporary Sign 40 days per year Yes Sec 4.5(I)
Temporary Storage in a
Portable Container 30 days per year Yes Sec 5.4(E)(6)
Tents, Canopies, Tarp
Garages, and Hoop
Buildings
30 days per year Yes Sec 5.4(E)(7)
Temporary Sale
Farmer’s Market
Continuous; up to 5
months per year on a
single site
Yes Sec 5.4(E)(8)
Garage/Yard Sale
4 days per event;
3 events total per calendar
year
No Sec 5.4(E)(9)
Temporary Merchant See Title 3, Chapter 10 of City Code
Wayside Stands 3 days per week No Sec 5.4(E)(10)
Special Events
Special Events
14 days per calendar year,
per parcel unless expressly
stated otherwise
Yes Sec 5.4(E)(11)
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 326 City of Monticello Zoning Ordinance
(E) Specific Standards for Temporary Uses
(1) Construction Dumpster
(a) The placement of a temporary construction dumpster or other trash receptacle
within a public right-of-way or other site owned by the City shall be subject to
standards in the Monticello City code as may be applicable.
(b) Temporary trash receptacles or dumpsters located outside public rights-of way
are not required to obtain a temporary use permit, but shall comply with the
following standards:
(i) Be located to the side or the rear of the site, to the maximum extent
practicable;
(ii) Be located as far as possible from lots containing existing development;
(iii) Not be located within a floodplain or otherwise obstruct drainage flow;
(iv) Not be placed within five feet of a fire hydrant or within a required
landscaping area; and
(v) Be located outside of any required tree protection fencing and the dripline
of existing trees.
(2) Construction Trailer
(a) Construction trailers may be permitted on a construction site provided that the
trailer is:
(i) Approved by the Community Development Department for location,
safety, and compatibility with adjacent properties;
(ii) Located on the same site or in the same development as the related
construction;
(iii) Not located within a required landscape area; and
(iv) Associated with development for which a valid Building Permit has been
or will be issued.
(b) The applicant shall be required to restore the trailer site to its previous
condition if the trailer is located off the construction site.
(3) Recreational Vehicle Use
(a) A recreational vehicle owned by a non-resident, guest, or visitor may be
parked or occupied by the guest or visitor on private property containing a
permanent dwelling unit for a period not to exceed thirty (30) days while
visiting the resident of the property.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 327
(b) The recreation vehicle shall have self-contained sanitary facilities or standard
on-site facilities as required by the Community Development Department.
(c) The parking location of a recreational vehicle shall adhere to the requirements
of Section 4.8, Off-Street Parking.
(4) Real Estate Sales Office/Model Sales Home
One temporary real estate sales office or model sales home per builder or
developer shall be permitted in a section or phase of a new residential or
nonresidential development provided the office or model home:
(a) Is aesthetically compatible with the character of surrounding development in
terms of exterior color, predominant exterior building materials, and
landscape;
(b) Complies with the applicable standards in the approved development plan (if
applicable);
(c) Is operated by a developer or builder active in the same phase or section
where the use is located; and
(d) Is removed or the model home is converted into a permanent residential use
once 85 percent occupancy in the section or phase of the development is
reached.
(5) Temporary Mobile Cell Site
(a) A temporary mobile cell site may be erected after issuance of a building
permit in the case of equipment failure or testing, or for an interim period
(limited to 30 days) after a conditional use permit for a permanent cell site is
approved.
(b) Temporary mobile cell sites shall be removed within 72 hours following
completion of testing, the installation of the permanent tower, or resolution of
equipment failure.
(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 portable shipping container
shall not be located:
(a) On a lot without prior approval from the Community Development
Department.
Section 4.8 Off Street
Parking Regulations
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 328 City of Monticello Zoning Ordinance
(b) In a required front yard;
(c) Within ten feet of any lot line or structure;
(d) In a manner that impedes ingress, egress, or emergency access; and
(e) 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 20 feet from all other structures and tents;
(c) Not exceed more than two on a single parcel (the Community Development
Department may approve more than two as a part of a special event on a
single parcel of 20 or more acres in size);
(d) Not be erected for more than a total of 30 days in any calendar year;
(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.
(8) Farmer’s Market
Farmer’s markets shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural
products;
(b) Provide adequate ingress, egress, and off-street parking areas;
(c) Not reduce minimum parking areas below the minimum required for the
property under the City Code;
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 329
(d) Not be located with any right-of-way;
(e) Renew all applicable temporary use permits annually.
(f) Be subject to the sign standards in Section 4.5, Signs.
(9) Garage/Yard Sales
(a) Garage or yard sales shall: [6-3(H)]
(i) Be limited to a maximum of three per dwelling per year. [6-3(H)(1)]
(ii) Not exceed a maximum duration of four consecutive days per sale; [6-
3(H)(1)]
(iii) Occur only between the hours of 7:00 A.M. and 9:00 P.M.; [6-3(H)(1)]
(iv) Not place items for sale, signs or other advertising within the public right-
of-way, or impede the passage of traffic on streets in the area of the sale;
[6-3(H)(2)]
(v) Conduct vehicle parking in accordance with the standards in this
ordinance and any other applicable City requirements;
(vi) Not negatively affect neighboring properties in terms of noise, trash,
parking, or impede the flow of traffic on nearby streets;
(vii) Not permit loud or boisterous conduct on the premises; and
(viii) Not allow unsold items or other sale-related materials to remain in public
view following conclusion of the sale.
(ix) Remove all sale related signage immediately upon conclusion of the sale.
[6-3(H)(3)]
(b) The owner and/or tenant of the premises on which a sale is conducted, shall
be responsible for the maintenance of good order and decorum on the
premises during the hours of the sale.
(10) Wayside Stands
A wayside stand shall:
(a) Be limited to the retail sale of agriculture, horticulture, or floricultural
products;
(b) Not exceed 750 square feet in area;
(c) Not be located with any right-of-way;
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 330 City of Monticello Zoning Ordinance
(d) Be authorized in writing by the landowner if conducted on property not
owned by the operator of the wayside stand;
(e) Not operate for more than three (3) days per site in any given week;
(f) Not reduce available parking areas below that which is required by code;
(g) Provide adequate ingress, egress, and off-street parking areas; and
(h) Be subject to the sign standards in Section 4.5, Signs.
(11) Special Events
(a) Applicability
The procedures and standards of this subsection shall apply to all special
events that are planned for or which reasonably may be expected to attract
more than 100 persons at any one time (including but not limited to cultural
events, musical events, celebrations, festivals, fairs, and carnivals) held on
private property within the City, unless expressly exempted.
(b) Permit Required
All special events subject to this subsection shall have a temporary use permit
for a special event reviewed and approved or approved with conditions by the
Community Development Department in accordance with Section 2.4(L),
Temporary Use Permit, before conducting the special event.
(c) Exemptions
The following events or activities are exempt from the standards of this
subsection (i.e., may occur without a Temporary Use Permit for a special
event). Such activities are subject to all other applicable procedures and
standards of this ordinance.
(i) On Grounds of Private Residence
Special events or activities occurring within, or on the grounds of, a
private residence or on the common areas of a single-family attached,
townhouse, two- to four-family, or multi-family residential development.
(ii) Event Sponsored by City or State
Any event sponsored in whole or in part by the City or state.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 331
(iii) Event or Activity at Site Intended for Such Event or Activity
Any organized activities conducted at sites or facilities typically intended
and used for such activities. Examples of such exempt activities include,
but are not limited to, sporting events such as golf, soccer, softball, and
baseball tournaments conducted on courses or fields intended and used for
such activities; fairs and carnivals at fairgrounds; wedding services
conducted at reception halls, or similar facilities; funeral services
conducted at funeral homes or cemeteries; religious services, wedding
services, and funeral services conducted at religious institutions.
(iv) Event Approved as Part of another Permit
Temporary special events that are expressly approved as part of another
permit shall not require separate review under this subsection.
(d) Standards
In addition to the general temporary use criteria to be reviewed with the
permit application, the following standards shall also apply:
(i) False or Material Misleading Information
The application shall be certified by the applicant as not containing
intentionally false or materially misleading information.
(ii) Unreasonable Risk
There is a finding that the special event would not create an unreasonable
risk of significant:
1. Damage to public or private property, beyond normal wear and tear;
2. Injury to persons;
3. Public or private disturbances or nuisances;
4. Unsafe impediments or distractions to, or congestion of, vehicular or
pedestrian travel;
5. Additional and impracticable or unduly burdensome police, fire, trash
removal, maintenance, or other public services demands; and
6. Other adverse effects upon the public health, safety, or welfare.
(iii) Location Cannot be Accommodated
The special event shall not be of such a nature, size, or duration that the
particular location requested cannot reasonably accommodate the event.
(iv) Time Permitted or Reserved for Other Activities
The special event shall not conflict with another permitted special event at
the same location in a manner that will negatively impact the public
health, welfare, or safety.
CHAPTER 5: USE STANDARDS
Section 5.4 Temporary Uses
Subsection (E) Specific Standards for Temporary Uses
Page 332 City of Monticello Zoning Ordinance
(e) Conditions
In approving the Temporary Use Permit for the special event, the Community
Development Department is authorized to impose such conditions upon the
issuance of the permit as may be necessary to reduce or minimize any
potential adverse impacts upon other property in the area, as long as the
condition relates to a situation created or aggravated by the proposed special
event. The Community Development Department is authorized, where
appropriate, to require:
(i) Provision of temporary parking facilities, including vehicular access and
egress.
(ii) Control of nuisance factors, such as but not limited to, the prevention of
glare or direct illumination of adjacent properties, noise, vibrations,
smoke, dust, dirt, odors, gases, and heat.
(iii) Regulation of temporary buildings, structures and facilities, including
placement, height and size, location of equipment and open spaces,
including buffer areas and other yards.
(iv) Provision of sanitary and medical facilities.
(v) Provision of solid waste collection and disposal.
(vi) Provision of security and safety measures.
(vii) Use of an alternative location or date for the proposed special event.
(viii) Modification or elimination of certain proposed activities.
(ix) Regulation of operating hours and days, including limitation of the
duration of the special event to a shorter time period than that requested
or specified in this subsection.
(x) Submission of a performance guarantee to ensure that any temporary
facilities or structures used for such proposed special event will be
removed from the site within a reasonable time following the event and
that the property will be restored to its former condition.
(f) Duration of Permit
A temporary use permit for a special event authorized in accordance with this
subsection shall be limited to a maximum duration of 14 days per site per
calendar year, unless otherwise specifically authorized by the Community
Development Department.
CHAPTER 6: NONCONFORMITIES
Section 6.2 Authority to Continue
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 333
CHAPTER 6: NONCONFORMITIES
6.1 Purpose
It is the purpose of this chapter to provide for the regulation of non-conforming buildings,
structures, and uses and to specify those requirements, circumstances, and conditions under
which non-conforming buildings, structures, and uses will be operated and maintained. The
zoning ordinance establishes separate districts, each of which is an appropriate area for the
location of uses which are permitted in that district. It is necessary and consistent with the
establishment of these districts that non-conforming buildings, structures, and uses not be
permitted to continue without restriction. Furthermore, it is the intent of this chapter that all
non-conforming uses shall be eventually brought into conformity. [3-1(A)]
6.2 Authority to Continue
(A) Legally conforming existing structures and uses in existence on _____(effective date of
ordinance)_____ which become non-conforming to this ordinance shall not be
considered non-conforming, but instead shall be treated as follows:
(1) A use which is no longer permitted due to a change in zoning shall be considered
a conforming use subject to all conditions for such use as outlined in this
ordinance.
(2) A structure which becomes non-conforming to a required setback or setbacks
shall be viewed as a conforming structure subject to the following:
(a) The existing setback or setbacks for the structure which would otherwise be
nonconforming to this ordinance shall be considered the required minimum
setbacks or setbacks for that structure only on the subject lot.
(b) Expansions and additions to such structures shall meet all other requirements
of this ordinance with the exception of the new minimum setback or setbacks
established by Section 6.3(A)(2)(a) above.
(B) With the exception of structures and uses that meet the requirements of Section 6.3(A),
any structure or use lawfully existing upon the effective date of this ordinance may not
be expanded, but may be continued—including through repair, replacement, restoration,
maintenance, or improvement—unless: [3-1(B)]
(1) The nonconformity or occupancy is discontinued for a period of more than one
year; or [3-1(H)]
MN Statute 462.357
subd 1e
CHAPTER 6: NONCONFORMITIES
Section 6.2 Authority to Continue
Subsection (E) Specific Standards for Temporary Uses
Page 334 City of Monticello Zoning Ordinance
(2) Any nonconforming use is destroyed by fire or other peril to the extent of greater
than 50 percent of its estimated market value, as indicated in the records of the
county assessor at the time of damage, and no building permit has been applied
for within 180 days of when the property is damaged. In this case, a municipality
may impose reasonable conditions upon a zoning or building permit in order to
mitigate any newly created impact on adjacent property or water body. When a
nonconforming structure in the shoreland district with less than 50 percent of the
required setback from the water is destroyed by fire or other peril to greater than
50 percent of its estimated market value, as indicated in the records of the county
assessor at the time of damage, the structure setback may be increased if
practicable and reasonable conditions are placed upon a zoning or building permit
to mitigate created impacts on the adjacent property or water body. [3-1(G)]
(3) Notwithstanding subsection (2) above, any nonconforming use located in the
floodplain overlay district that is destroyed by fire or other peril to the extent of
greater than fifty (50) percent of its market value, as determined by the
Community Development Department, shall be regulated to the extent necessary
to maintain eligibility in the National Flood Insurance Program, and in no case
shall be continued or re-established in a manner that results in potential flood
damage or obstructs flood flows in the floodway.
(C) Nothing in this ordinance shall prevent the placing of a structure in safe condition when
said structure is declared unsafe by the Building Inspector. [3-1(C)]
(D) No non-conforming building, structure, or use shall be moved to another lot or to any
other part of the parcel of land upon which the same was constructed or was conducted
at the time of this ordinance adoption unless such movement shall bring the non-
conformance into compliance with the requirements of this ordinance. [3-1(D)]
(E) A lawful non-conforming use of a structure or parcel of land may be changed to lessen
the non-conformity of use. Once a non-conforming structure or parcel of land has been
changed, it shall not thereafter be so altered to increase the non-conformity. [3-1(F)]
(F) Normal maintenance of a building or other structure containing or related to a lawful
non-conforming use is permitted, including necessary non-structural repairs and
incidental alterations which do not physically extend or intensify the non-conforming
use. [3-1(I paragraph 1)]
CHAPTER 6: NONCONFORMITIES
Section 6.4 Change in Use
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 335
(G) Normal maintenance, necessary non-structural repairs, and incidental alteration of a
lawful non-conforming sign includes repair or maintenance of existing lettering done
without changing the form or design of the lawful non-conforming sign. [3-1(I
paragraph 2)]
(H) Alterations may be made to a building containing or related to a lawful non-conforming
residential unit when said alteration will improve the livability thereof, provided the
alteration will not increase the number of dwelling units. In the B-4 zone, alterations or
expansion may be made to a building containing or related to a lawful non-conforming
residential unit when said alteration or expansion will improve the livability thereof,
provided the alteration or expansion will not increase the number of dwelling units and
provided that such alteration or expansion shall not constitute more than 50 percent of
estimated market value. Said value shall be determined by City or County Assessor. All
adjoining property owners and the Monticello EDA shall be provided notice of plans to
expand non-conforming residential structure. Expansion may occur only after
completion of a 30-day notice period. [3-1(J paragraph 1)]
6.3 Discontinuance
(A) A nonconforming use shall not be reestablished after discontinuance of the use for a
period of one year or more.
(B) Efforts to renovate or repair the use as allowed in Section 6.3 are not considered
discontinuance, provided all appropriate permits and/or development approvals are
obtained, and provided the renovation or repair is completed within one year from
commencement of repair or renovation, and the use is re-established within one month
from the time the renovation or repairs are completed. Failure to complete the repairs or
renovation within one year or to reestablish the use within one month following repairs
or renovation shall constitute discontinuance, and a nonconforming use shall not be re-
established.
6.4 Change in Use
When any lawful non-conforming use of any structure or land in any district has been changed
to a conforming use, it shall not thereafter be changed to any non-conforming use. [3-1(E)]
CHAPTER 6: NONCONFORMITIES
Section 6.6 Existing Nonconforming Lots
Subsection (A) Required Merger of Common Ownership Lots
Page 336 City of Monticello Zoning Ordinance
6.5 Building Permits and Ordinance Amendments
Any proposed structure which will, due to an ordinance amendment, become non-conforming
but for which a building permit has been lawfully granted prior to the effective date of a new
ordinance taking effect, may be completed in accordance with the approved plans provided
construction is started within sixty (60) days of the effective date of the applicable ordinance,
is not abandoned for a period of more than one hundred twenty (120) days, and continues to
completion within two (2) years. Such structure and use shall thereafter be a legally non-
conforming structure and use. [3-1(K)]
6.6 Existing Nonconforming Lots
(A) Required Merger of Common Ownership Lots
(1) Except as may otherwise be provided for in this ordinance, when a group of two
(2) or more contiguous lots or parcels of land are owned or controlled by the same
person, the following shall apply:
(a) If all lots are conforming to lot width, area and frontage requirements, all lots
may remain separate parcels;
(b) If one or more of the contiguous lots or parcels of land do not conform to
either lot width, area, or frontage requirements, than:
(i) Such nonconforming lots shall not be sold or developed as a separate
parcel of land; and
(ii) Such nonconforming lots shall be combined with adjacent lots or parcels
under the same ownership or control so that the combination of lots or
parcels will equal one (1) or more lots each meeting the full lot
requirements of this ordinance or will lessen the existing nonconformity.
(2) The combination of lots shall be in accordance with Title 11, Chapter 1 of the City
Code.
City Code Title 11,
Chapter 1:
Subdivision Code
CHAPTER 6: NONCONFORMITIES
Section 6.6 Existing Nonconforming Lots
Subsection (B) Vacant or Redeveloped Lots
City of Monticello Zoning Ordinance Page 337
(B) Vacant or Redeveloped Lots
With the exclusion of parcels within the Floodplain Overlay District established in
Section 3.7(C) of this ordinance, legal, nonconforming, vacant lots of record may be
developed for single-family detached dwellings upon approval of a building permit
under the following conditions:
(1) Legally Established
The lot in question was legally established in accordance with requirements of this
code existing at the time of its creation and is a separate, distinct tax parcel.
(2) Allowed Use
Single-family residential dwellings are an allowed use within the base zoning
district.
(3) Minimum Lot Size
(a) Sewered Lots: A legal nonconforming lot having direct access to municipal
sewer, as determined by the Community Development Department, shall be
considered buildable provided measurements for lot area and lot width either
meet minimum requirements or are within sixty six percent (66%) of the
requirement of the base zoning district.
(b) Unsewered Lots: A legal nonconforming lot not having access to municipal
sewer shall be considered unbuildable.
(4) Access
The lot in question has frontage on and will directly access an improved public
street.
(5) Health Concerns
Public health concerns (potable water and sanitary sewer) can be adequately
addressed.
(6) Setback and Yard Requirements
The setback and yard requirements of the base zoning district can be achieved.
(7) Shoreland Requirements
If the parcel is located within the Shoreland Overlay District, development of the
lot shall not result in more than twenty-five percent (25%) of the lot being covered
with impervious surfaces.
Section 3.7(C):
Floodplain District
CHAPTER 6: NONCONFORMITIES
Section 6.6 Existing Nonconforming Lots
Subsection (C) Developed Lots
Page 338 City of Monticello Zoning Ordinance
(C) Developed Lots
An existing conforming use on a lot of substandard size and/or width may be expanded
or enlarged if such expansion or enlargement meets all other provisions of this
ordinance.
CHAPTER 7: ENFORCEMENT
Section 7.3 Violations
Subsection (A) Failure to Comply with This Ordinance or Term or Any Condition of Approval Constitutes a Violation
City of Monticello Zoning Ordinance Page 339
CHAPTER 7: ENFORCEMENT
7.1 Purpose
This article establishes procedures through which the City seeks to ensure compliance with the
provisions of this ordinance and obtain corrections for ordinance violations. It also sets forth
the remedies and penalties that apply to violations of this ordinance. The provisions of this
chapter are intended to encourage the voluntary correction of violations whenever possible.
7.2 Compliance Required
(A) In General
Compliance with all the procedures, standards, and other provisions of this ordinance
shall be required by all persons owning, developing, managing, using, or occupying land
or structures in the City.
(B) Approvals Required
All persons shall obtain all necessary building permits and/or development approvals
required by this ordinance prior to development.
7.3 Violations
(A) Failure to Comply with This Ordinance or Term or Any Condition of Approval
Constitutes a Violation
Any failure to comply with a standard, requirement, prohibition, or limitation imposed
by this ordnance, or the terms or conditions of any permit or other development
approval or authorization granted in accordance with this ordinance shall constitute a
violation of this ordinance. Examples of violations include but shall not be limited to
the following:
(1) Develop land without first obtaining all appropriate permits or development
approvals, and complying with all applicable terms and conditions.
(2) Occupy or use land or a structure without first obtaining all appropriate permits or
development approvals, and complying with all applicable terms and conditions.
CHAPTER 7: ENFORCEMENT
Section 7.3 Violations
Subsection (B) Development Shall Adhere to Approved Plans
Page 340 City of Monticello Zoning Ordinance
(3) Engage in any development or other activity of any nature in any way inconsistent
with a permit or development approval, or other form of authorization granted for
such activity by the City.
(4) Violate, by act or omission, any term, condition, or qualification placed by the
City upon a required permit, certificate or other form of authorization granted by
the City to allow the development or other activity upon land.
(5) To alter, maintain, or use any building or structure or to use any land in violation
of any provision of this Ordinance.
(6) Install, create, erect, alter, or maintain any sign without first obtaining the
appropriate permits or development approvals, and complying with their terms
and conditions.
(7) Create, expand, replace, or change any nonconformity, except in accordance with
this Ordinance.
(8) Reduce or diminish the requirements of use, development, or dimensional
standards below the minimum required by this Ordinance.
(9) Through any act or omission, fail to comply with any other provisions,
procedures, or standards, as required by this Ordinance.
(10) To continue any of the above-stated violations.
(B) Development Shall Adhere to Approved Plans
Permits or development approvals issued by a decision-making body authorize only the
use, density or intensity, location, design, and/or development set forth on the plans
reviewed in issuing such permits or development approvals. Development that differs
from that which was approved by a decision-making body in a permit or development
approval is a violation of this ordinance.
CHAPTER 7: ENFORCEMENT
Section 7.5 Enforcement Generally
Subsection (B) General Inspections
City of Monticello Zoning Ordinance Page 341
7.4 Responsible Persons
The owner, tenant, or occupant of any land or structure, or an architect, engineer, builder,
contractor, agent, or any other person who participates in, assists, directs, creates, or maintains
a situation that constitutes a violation of this ordinance may be held responsible for the
violation and subject to the remedies and penalties set forth in this chapter.
7.5 Enforcement Generally
(A) Responsibility for Enforcement
The Community Development Department shall be responsible for enforcing the
provisions of this ordinance. [21-1] [21-2(e)] [28-1]
(B) General Inspections
(1) Any member of the Community Development Department may enter upon land or
inspect any structure to ensure compliance with the provisions of this Ordinance
provided permission has been granted by one of the following:
(a) An owner of the property in question;
(b) A licensee of the business being inspected;
(c) A resident of a dwelling on the property being inspected; or
(d) Any other person in control of the premises.
(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 ordinance are being complied with and to enforce
this ordinance. No 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 occurs if the search is reasonable. Probable cause does not depend
on specific knowledge of the condition of a particular property.
CHAPTER 7: ENFORCEMENT
Section 7.5 Enforcement Generally
Subsection (E) Notice of Violations
Page 342 City of Monticello Zoning Ordinance
(3) Every owner, licensee, resident, or other person in control of a premises within the
City shall permit at reasonable times inspections of or entrance to the property by
the Community Development Department to determine whether the provisions of
this ordinance are being complied with and to enforce this ordinance.
Unreasonable refusal to permit the inspection of or entrance to the property shall
be grounds for termination of any and all permits, licenses or City service to the
property. Mailed notice shall be given to the owner, licensee, resident or other
person in control of the property, stating the grounds for the termination, the
scheduled date of termination, and the right to appeal in accordance with Section
2.4(H), Appeal of Administrative Decisions.
(4) Nothing in this section shall be construed to limit the authority of the City to enter
private property in urgent emergency situations where there is an imminent
danger in order to protect the public health, safety and welfare.
(C) Complaints Regarding Violations
Any person may notify the Community Development Department of a suspected
violation of this ordinance. In registering a complaint, the complaining party shall state
fully the cause and/or basis of the alleged violation. The identity of individuals
registering complaints shall remain confidential as required by MN State Statute Section
13.44.
(D) Investigation of Complaints
Upon learning there is a potential violation of this ordinance, a member of the
Community Development Department may conduct a general inspection to determine
whether a violation of this ordinance exists.
(E) Notice of Violations
(1) On finding that a violation of this Ordinance exists, the Community Development
Department shall provide written notification of the violation to the owner of the
property on which the violation exists and the person causing or maintaining the
violation. The notification shall be delivered by personal service or by certified
mail with a return receipt requested. The notice of violation shall:
(a) Describe the location and nature of the violation;
(b) State the actions necessary to abate the violation;
(c) Order that the violation be corrected within a specified reasonable time period
not to exceed 30 days after receipt of the notice of violation;
Section 2.4(H):
Administrative
Appeals
MN Statute 13.44
CHAPTER 7: ENFORCEMENT
Section 7.6 Remedies and Penalties
Subsection (G) Emergency Enforcement without Notice
City of Monticello Zoning Ordinance Page 343
(d) State what course of action is intended if the violation is not corrected with
the specified time limit; and advise the alleged violator(s) of their right to
appeal the notice of violation to the Board of Adjustment and Appeals in
accordance with Section 2.4(H).
(2) On receiving a written request for extension of the time limit for correction
specified in the notice of violation, the Community Development Department
may, for good cause shown, grant a single extension of the time for up to 30 days.
(3) If the owner of the property cannot be located or determined, the Community
Development Department shall post a copy of the notice of violation on the
building, structure, sign, or site that is the subject of the violation. In such a case,
the time limit for correction of the violation shall be deemed to begin five days
after the notice is posted.
(F) Application of Penalties
(1) On determining that the violator has failed to correct the violation by the time
limit set forth in the notice of violation, or any granted extension thereof, or has
failed to timely appeal the notice of violation, the Community Development
Department shall take appropriate action, as provided in Section 7.6, to correct
and abate the violation and to ensure compliance with this ordinance.
(2) Each day a violation continues is a separate offense. [28-2]
(G) Emergency Enforcement without Notice
On determining that delay in correcting the violation would pose a danger to the public
health, safety, or welfare, the Community Development Department may seek
immediate enforcement without prior written notice by invoking any of the remedies or
penalties listed in Section 7.6.
7.6 Remedies and Penalties
(A) If the responsible person to whom the notice of violation was directed fails to comply
with the applicable provisions of this ordinance, that person is guilty of a misdemeanor,
and upon conviction thereof, shall be fined not more than three hundred dollars
($300.00) for each offense or imprisoned for not more than ninety (90) days or both.
[28-2]
Section 2.4(H):
Administrative
Appeals
CHAPTER 7: ENFORCEMENT
Section 7.6 Remedies and Penalties
Subsection (G) Emergency Enforcement without Notice
Page 344 City of Monticello Zoning Ordinance
(B) The City may also enforce any provision of this ordinance by mandamus, injunction, or
any other appropriate remedy in any court of competent jurisdiction.
(C) A person who knowingly makes or submits a false statement or document in connection
with an application or procedure required by this ordinance is guilty of a misdemeanor.
(D) A person who violates, fails to comply with or assists, directs or permits the violation of
a performance standard required by this ordinance must reimburse the City or its agent
for the actual costs of the tests, measurements or other procedures necessary to
demonstrate that violation.
CHAPTER 8: RULES & DEFINITIONS
Section 8.1 General Rules for Interpretation
Subsection (D) Computation of Time
City of Monticello Zoning Ordinance Page 345
CHAPTER 8: RULES & DEFINITIONS
8.1 General Rules for Interpretation
The language set forth in the text of this ordinance shall be interpreted in accordance with the
following rules of construction: (2-1)
(A) Meanings and Intent
All provisions, terms, phrases, and expressions contained in this ordinance shall be
interpreted in accordance with the general purposes set forth in Section 1.3, Ordinance
Purpose, and the specific purpose statements set forth throughout this ordinance. When
a specific section of these regulations gives a different meaning than the general
definition provided in this article, the specific section’s meaning and application of the
term shall control.
(B) Headings, Illustrations, and Text
In the event of a conflict or inconsistency between the text of this ordinance and any
heading, caption, figure, illustration, table, or map, the text shall control. Graphics and
other illustrations are provided for informational purposes only and should not be relied
upon as a complete and accurate description of all applicable regulations or
requirements.
(C) Lists and Examples
Unless otherwise specifically indicated, lists of items or examples that use terms such as
“for example,” “including,” and “such as,” or similar language are intended to provide
examples and are not exhaustive lists of all possibilities.
(D) Computation of Time
The time in which an act is to be done shall be computed by excluding the first day and
including the last day. If a deadline or required date of action falls on a Saturday,
Sunday, or holiday observed by the City, the deadline or required date of action shall be
the next day that is not a Saturday, Sunday, or holiday observed by the City. References
to days are calendar days unless otherwise stated.
CHAPTER 8: RULES & DEFINITIONS
Section 8.1 General Rules for Interpretation
Subsection (K) Tenses, Plurals, and Gender
Page 346 City of Monticello Zoning Ordinance
(E) References to Other Regulations/Publications
Whenever reference is made to a resolution, ordinance, statute, regulation, or document,
it shall be construed as a reference to the most recent edition of such regulation,
resolution, ordinance, statute, regulation, or document, unless otherwise specifically
stated.
(F) Delegation of Authority
Any act authorized by this ordinance to be carried out by a specific official or
department of the City may be carried out by a professional-level designee of such
official or department.
(G) Technical and Non-Technical Terms
Words and phrases shall be construed according to the common and approved usage of
the language, but technical words and phrases that may have acquired a peculiar and
appropriate meaning in law shall be construed and understood according to such
meaning.
(H) Public Officials and Agencies
All public officials, bodies, and agencies to which references are made are those of the
City of Monticello, unless otherwise indicated.
(I) Mandatory and Discretionary Terms
The words “shall,” “must,” and “will” are mandatory in nature, establishing an
obligation or duty to comply with the particular provision. The words “may” and
“should” are permissive in nature. [2-1(C)]
(J) Conjunctions
Unless the context clearly suggests the contrary, conjunctions shall be interpreted as
follows:
(1) “And” indicates that all connected items, conditions, provisions or events apply;
and
(2) “Or” indicates that one or more of the connected items, conditions, provisions, or
events apply.
(K) Tenses, Plurals, and Gender
(1) Words used in the present tense include the future tense. [2-1(B)]
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 347
(2) Words used in the singular number include the plural number and the plural
number includes the singular number, unless the context of the particular usage
clearly indicates otherwise. [2-1(A)]
(3) Words used in the masculine gender include the feminine gender, and vice versa.
[2-1(D)]
(L) Terms Not Defined
If a term used in this Ordinance is not defined in Section 8.3, the Community
Development Department shall have the authority to provide a definition based upon the
definitions used in accepted sources including but not limited to: A Planners Dictionary;
A Glossary of Zoning, Development, and Planning Terms; A Survey of Zoning
Definitions; or any standard dictionary.
8.2 Rules of Measurement
(A) Measurements, Generally
(1) Purpose
The purpose of this section is to clarify the rules of measurement and exemptions
that apply to all principal and accessory uses allowed in this ordinance. These
standards may be modified by other applicable sections of this ordinance.
(2) Distance Measurements, Generally
Unless otherwise expressly stated, distances specified in this ordinance are to be
measured as the length of an imaginary straight line joining those points.
(B) Lots
(1) Definitions/Measurement
(a) Average Lot Size (see Figure 8-1)
The mean lot size for all lots being platted.
(b) Average Lot Width (see Figure 8-1)
The mean lot width for all lots being platted. [3-3(C)(4 paragraph 5)]
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
Page 348 City of Monticello Zoning Ordinance
(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 ordinance. The terms “lot size” and “lot
area” shall be interchangeable.
(d) Lot Coverage (see Figure 8-7)
Lot coverage shall be calculated as the total horizontal surface area of
impervious surface on a given lot.
Figure 8-6:
Coverage & Area
Measurements
Figure 8-6:
Coverage & Area
Measurements
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 349
(e) Lot Depth
Lot depth shall be determined by a straight line connecting the midpoint of the
front lot line to the midpoint of the rear lot line, or to the rear most point of
the lot when there is no rear lot line (see Figure 8-2 for examples).
(f) Lot or Street Frontage
In the case of a building lot abutting upon only one street, the frontage line is
the line parallel to and common with the right-of-way. In the case of a corner
lot, that part of the building lot having the narrowest frontage on any street
shall be considered the frontage line. For the purpose of determining yard
requirements on corner lots and double frontage lots, all sides of a lot adjacent
to streets shall be considered frontage, and yards shall be provided as required
in this ordinance.
(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
edge of the street that provides a lot’s street address or that opposes the
primary entrance of a building.
(iii) Rear Lot Line
The rear lot line is the line connecting the two side lot lines along the
edge of the lot opposite from the front line.
Figure 8-2:
Measuring Depth
Figure 8-3: Lot
Lines & Building
Lines
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
Page 350 City of Monticello Zoning Ordinance
(iv) Side Lot Line
The side lot line is the lot line connecting the front and rear lot lines
regardless of whether it abuts a right-of-way or another lot line.
(h) Lot Types (see Figure 8-4)
(i) Base Lot
A contiguous parcel of land in identical ownership throughout, bounded
by other lots or streets, and used or set aside and available for use as the
site of one or more buildings or other definite purpose. References to
“lot” within this ordinance are synonymous with “base lot.”
(ii) Corner Lot
A lot located at the intersection of two or more streets (other than alleys),
regardless of whether or not such streets intersect at right angles.
(iii) Cul-de-Sac Lot
A lot located on the head or turn around of a cul-de-sac with side lot lines
on a tangent to the arc of the right-of-way.
Figure 8-4:
Lot Types
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 351
(iv) Double Frontage Lot
A lot other than a corner lot with frontage on more than one street other
than an alley.
(v) Flag Lot
A lot that does not abut or front a street where access is obtained by a
narrow private right-of-way.
(vi) Interior Lot
A lot other than a corner lot with only one frontage on a street other than
an alley.
(vii) Unit Lot
A specialized lot created within a base lot simply for the purpose of
defining ownership for certain multi family dwelling types.
(i) Lot Width (see figure 8-5)
(i) Lot width shall be determined by a straight line connecting the endpoints
determined by the intersection of the side lot lines and the required front
yard setback.
(ii) The width of a corner lot shall be calculated from the side with the least
frontage on a right-of-way.
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
Page 352 City of Monticello Zoning Ordinance
(2) General Lot Requirements
(a) Erection of More Than One Principal Structure on a Platted Lot
Whenever any land is subdivided, a building permit for the construction of a
building or other principal structure (excluding buildings under common
ownership or unified control) shall not be issued unless the land is subdivided
in accordance with the procedures and standards of this Ordinance.
(b) Lots Divided By Zoning District Lines
Whenever a single lot is located within two or more different zoning districts,
each portion of that lot shall be subject to all the regulations applicable to the
district in which it is located.
(3) Required Yards
(a) Definitions/Measurement
(i) Accessory Structure Yard
The minimum yard requirement between a lot line and an allowable
accessory structure. Accessory structures may not be placed within front
yards or corner side yards.
(ii) Building Line (see Figure 8-3)
A line formed by the face of a building which is used to establish the
yards around a building or structure.
(iii) Build-to Line
A line with which the majority of an exterior wall of a building is required
to coincide.
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 353
(iv) Right-of-Way (ROW)
Land dedicated, deeded, used, or to be used for a street, road, alley,
pedestrian way, crosswalk, bikeway, drainage facility, or other public
uses, wherein the owner gives up rights to the land so long as it is being
or will be used for the dedicated purpose.
(v) Setback Line
A line located at the inside edge of a required front, side, or rear yard.
Exterior building walls may not encroach into the required yard beyond
the building setback line. Portions of a building, (e.g., an overhang, eave,
entry stairs, bay windows, foundation planters, etc.) may encroach into a
required yard as allowed in Section 3.3(D)(2), Allowable Yard
Encroachments.
(vi) Yard
A required open area unoccupied and unobstructed by any building or by
any structure or portion of a structure except as allowed by this ordinance.
Fences, walls, and incidental structures (e.g., flagpoles, birdhouses or
feeders, clothesline posts, etc.) may be permitted within a yard provided
the structures do not interfere with corner visibility.
(vii) Yard Types (see Figure 8-3)
1. Corner Side Yard
A side yard extending between the front and rear lot lines parallel to
an abutting street or right-of-way.
2. Front Yard
A yard extending between side lot lines across the front of a lot
between the front lot line and the front building line.
3. Rear Yard
A yard extending across the rear of the lot between the rear lot line
and the rear building line. In the case of double frontage lots, there is
no rear yard, and the requirements for the front yard shall apply to the
front and rear.
4. Side Yard
A yard extending from the front building line to rear building line. In
the case of double frontage lots, the side yard extends from the front
building line to the opposing building line associated with the other
yard.
Sec 8.2(B)(3)(c):
Allowable Yard
Encroachments
Figure 8-3: Lot Lines
& Building Lines
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
Page 354 City of Monticello Zoning Ordinance
5. Zero Side Lot Line
A condition where no side yard is provided between two or more
distinct dwelling units sharing a party wall (e.g., townhouse, duplex,
attached residential, etc.).
(4) Bulk
(a) Definitions/Measurement
(i) Building Coverage
Building coverage is a measure of intensity of a use of land that
represents the portion of a site that is covered by building footprint, as
well as attached porches, decks, and balconies. Building coverage does
not include driveways, streets, sidewalks, and any other areas covered by
an impervious surface material, including areas of outdoor storage (see
Figure 8-7).
(ii) Building Size
Building size is the total floor area located inside exterior walls and
covered by a roof.
(iii) District Size
The minimum size, in acres, of a base or overlay zoning district, including
streets, rights-of-way, and open space areas, but excluding unbuildable
lands.
(iv) Floor Area
The sum of the gross horizontal areas of the floors of a building measured
from the exterior faces of the exterior walls or from the centerline of walls
separating two buildings, and excluding the following:
1. Attic areas with a headroom of less than seven feet;
2. Unenclosed stairs or fire escapes;
3. Elevator structures;
4. Cooling towers;
5. Areas devoted to machinery and equipment for air conditioning,
ventilation, heating, and other similar building service needs;
6. Structured parking; and
7. Basement space not used for retailing activities, the production or
processing of goods, or for business or professional offices. (existing
basement definition)
Figure 8-6:
Coverage & Area
Measurements
CHAPTER 8: RULES & DEFINITIONS
Section 8.2 Rules of Measurement
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 355
(v) Floor Area Ratio
The total floor area of all buildings or structures on a lot divided by the lot
area.
(5) Height
(a) Definitions/Measurement
(ii) Building Height
A distance to be measured from the mean ground level to the top of a flat
roof, to the mean distance of the highest gable on a pitched or hip roof, to
the deck line of a mansard roof, to the uppermost point on all other roof
types.
(iii) Building Story
1. The space between the surface of any floor and the surface of the next
floor above it; or if there is no floor above it, the space between the
floor surface and the top of the ceiling joists or roof rafters above it.
Typically, story height in a residential structure is nine feet per story,
and story height in a non-residential structure is twelve feet per story.
2. If the finished floor level directly above a basement or cellar or
unused under-floor space is more than six (6) feet above the grade as
defined herein for more than fifty (50) percent of the total perimeter
or is more than twelve (12) feet above grade as defined herein at any
point, such basement, cellar, or unused under-floor space shall be
considered as a story. [“story” definition in existing code]
CHAPTER 8: RULES & DEFINITIONS
Section 8.3 Glossary of Abbreviations
Subsection (B) Lots
Page 356 City of Monticello Zoning Ordinance
(iv) Fence and Wall Height
Fence and wall heights are to be measured from the adjoining average
grade. In the case of grade separation such as the division of properties
by a retaining wall, the height shall be determined on the basis of
measurement from the average point between the highest and lowest
grade. [3-2(F)(1 paragraph 2)]
(v) Grade
Grade means the level of the finished ground surface immediately
adjacent to the exterior walls of a building.
8.3 Glossary of Abbreviations
The following is a glossary of acronyms or abbreviations used within this Ordinance.
A
ACI........................Aggregate Caliper Inch(es)
ADA.......................Americans with Disabilities Act
APA.......................American Planning Association
ATM......................Automated Teller Machine
C
CBD.......................Central Business District
CDBG....................Community Dev. Block Grants
COW......................Cellular On Wheels
CR..........................County Road
CUP.......................Conditional Use Permit
D
DA.........................Development Agreement
DNR.......................Department of Natural Resources
DOT.......................Department of Transportation
DU.........................Dwelling Unit
DU/A......................Dwelling Units/Acre
CHAPTER 8: RULES & DEFINITIONS
Section 8.3 Glossary of Abbreviations
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 357
E
EA..........................Environmental Assessment
EIS.........................Environmental Impact Statement
EPA........................U.S. Environmental Protection Agency
F
FEMA....................Federal Emergency Management Agency
G
GIS.........................Geographic Information System
GVW......................Gross Vehicle Weight
H
HWY......................Highway
K
K............................1 Thousand, 1,000, kilo, kilometer
L
LB..........................Pound(s), 16 ounces
LOS........................Level of Service (Highways & Streets)
M
MI..........................Mile, 5,280 Feet
MnDOT..................MN Department of Transportation
O
OHW......................Ordinary High Water Mark
OZ..........................Ounce(s)
P
PCA........................Pollution Control Agency
PUD.......................Planned Unit Development
CHAPTER 8: RULES & DEFINITIONS
Section 8.3 Glossary of Abbreviations
Subsection (B) Lots
Page 358 City of Monticello Zoning Ordinance
R
ROW......................Right of Way
S
SF...........................Square Foot (feet)
SM.........................Square Mile, 640 Acres
SQ..........................Square
T
Ton.........................2,000 Pounds
TWP.......................Township, 36 square miles (statutory)
U
UBC.......................Uniform Building Code
V
V/CR......................Volume to Capacity Ratio
W
WECS....................Wind Energy Conversion System
Z
ZO..........................Zoning Ordinance
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 359
8.4 Definitions
The following words and terms, wherever they occur in this ordinance, shall be interpreted as
herein defined: [2-2]
ACCESSORY: A use, activity, structure, or part of a structure that is subordinate and
incidental to the main activity or structure on the site.
ACCESSORY BUILDING -- MAJOR: A building which is accessory to a principal structure
and exceeds 120 square feet in size.
ACCESSORY BUILDING -- MINOR: A building which is accessory to a principal structure
and is equal to or less than 120 square feet in size.
ADULT USES: Adult uses include adult bookstores, adult motion picture theatres, adult
mini-motion picture theatres, adult massage parlors, adult steamroom/bathhouse/sauna
facilities, adult companionship establishments, adult rap/conversation parlors, adult
health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult
modeling studios, adult hotels/motels, adult body painting studios, and other premises,
enterprises, establishments, businesses, or places open to some or all members of the public, at
or in which there is an emphasis on the presentation, display, depiction, or description of
"specified sexual activities" or "specified anatomical areas" which are capable of being seen
by members of the public. Activities classified as obscene as defined by Minnesota Statute
5617.241 are not included.
Specified Anatomical Areas:
(A) Less than completely and opaquely covered human genitals, pubic region, buttock, anus,
or female breast(s) below a point immediately above the top of the areola; and
(B) Human male genitals in a discernibly turgid state, even if completely and opaquely
covered.
Specified Sexual Activities:
(A) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral-anal
copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or
torture in the context of a sexual relationship, or the use of excretory functions in the
context of sexual relationship, and any of the following sexually-oriented acts or
conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia,
pederasty, pedophilia, piquerism, sapphism, zooerasty.
(B) Clearly depicted human genitals in the state of sexual stimulation, arousal, or
tumescence.
(C) Use of human or animal ejaculation, sodomy, oral copulation, coitus, or masturbation.
(D) Fondling or touching of nude human genitals, pubic region, buttocks, or female breast.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 360 City of Monticello Zoning Ordinance
(E) Situations involving a person or persons, any of whom are nude, clad in undergarments,
or in sexually revealing costumes; and who are engaged in activities involving the
flagellation, torture, fettering, binding, or other physical restraint of any such persons.
(F) Erotic or lewd touching, fondling, or other sexually-oriented contact with an animal by a
human being.
(G) Human excretion, urination, menstruation, vaginal, or anal irrigation.
ADULT USE / ACCESSORY: The offering of goods and/or services which are classified as
adult uses on a limited scale and which are incidental to the primary activity and goods and/or
services offered by the establishment. Examples of such items include adult magazines, adult
movies, adult novelties, and the like.
ADULT USE / PRINCIPAL: The offering of goods and/or services which are classified as
adult uses as a primary or sole activity of a business or establishment and include, but are not
limited to, the following:
(A) Adult Use Body Painting Studio - An establishment or business which provides the
service of applying paint or other substance, whether transparent or non-transparent, to
or on the body of a patron when such body is wholly or partially nude in terms of
"specified anatomical areas."
(B) Adult Use Bookstore - A building or portion of a building used for the barter, rental, or
sale of items consisting of printed matter, pictures, slides, records, audio tape, videotape,
or motion picture film if such building or portion of a building is not open to the public
generally but only to one or more classes of the public excluding any minor by reason of
age, or if a substantial or significant portion of such items are distinguished or
characterized by an emphasis on the depiction or description of "specified sexual
activities" or "specified anatomical areas."
(C) Adult Use Cabaret - A building or portion of a building used for providing dancing or
other live entertainment, if such building or portion of a building excludes minors by
virtue of age, or if such dancing or other live entertainment is distinguished or
characterized by an emphasis on the presentation, display, depiction, or description of
"specified sexual activities" or "specified anatomical areas."
(D) Adult Use Companionship Establishment - A companionship establishment which
excludes minors by reason of age, or which provides the service of engaging in or
listening to conversation, talk, or discussion between an employee of the establishment
and a customer, if such service is distinguished or characterized by an emphasis on
"specified sexual activities" or "specified anatomical areas."
(E) Adult Use Conversation/Rap Parlor - A conversation/rap parlor which excludes
minors by reason of age, or which provides the service of engaging in or listening to
conversation, talk, or discussion, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 361
(F) Adult Use Health/Sport Club - A health/sport club which excludes minors by reason
of age, or if such club is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
(G) Adult Use Hotel/Motel - Adult hotel/motel means a hotel or motel from which minors
are specifically excluded from patronage and wherein material is presented which is
distinguished or characterized by an emphasis on matter depicting, describing, or
relating to "specified sexual activities" or "specified anatomical areas."
(H) Adult Use Massage Parlor/Health Club - A massage parlor or health club which
restricts minors by reason of age, and which provides the services of massage, if such
service is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas."
(I) Adult Use Mini-Motion Picture Theatre - A building or portion of a building with a
capacity for less than fifty (50) persons used for presenting material if such building or
portion of a building as a prevailing practice excludes minors by virtue of age, or if such
material is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas" for observation by patrons therein.
(J) Adult Use Modeling Studio - An establishment whose major business is the provision
to customers of figure models who are so provided with the intent of providing sexual
stimulation or sexual gratification to such customers and who engage in "specified
sexual activities" or display "specified anatomical areas" while being observed, painted,
painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such
customers.
(K) Adult Use Motion Picture Arcade - Any place to which the public is permitted or
invited wherein coin or slug-operated or electronically, electrically, or mechanically
controlled or operated still or motion picture machines, projectors, or other image-
producing devices are maintained to show images to five or fewer persons per machine
at any one time, and where the images so displayed are distinguished or characterized
by an emphasis on depicting or describing "specified sexual activities" or "specified
anatomical areas."
(L) Adult Use Motion Picture Theatre - A building or portion of a building with a
capacity of fifty (50) or more persons used for presenting material if such building or
portion of a building as a prevailing practice excludes minors by virtue of age, or if such
material is distinguished or characterized by an emphasis on "specified sexual activities"
or "specified anatomical areas" for observation by patrons therein.
(M) Adult Use Novelty Business - A business which has, as a principal activity, the sale of
devices which stimulate human genitals or devices which are designed for sexual
stimulation.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 362 City of Monticello Zoning Ordinance
(N) Adult Sauna - A sauna which excludes minors by reason of age, or which provides a
steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing;
utilizing steam or hot air as a cleaning, relaxing, or reducing agent, if the service
provided by the sauna is distinguished or characterized by an emphasis on "specified
sexual activities" or "specified anatomical areas."
(O) Adult Steam Room/Bathhouse Facility - A building or portion of a building used for
providing a steam bath or heat bathing room used for the purpose of pleasure, bathing,
relaxation, or reducing; utilizing steam or hot air as a cleaning, relaxing, or reducing
agent, if such building or portion of a building restricts minors by reason of age or if the
service provided by the steam room/bathhouse facility is distinguished or characterized
by an emphasis on "specified sexual activities" or "specified anatomical areas."
AGRICULTURE: Those commonly associated with the growing of produce on farms. These
include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower
nursery without building; truck gardening and livestock raising and feeding, but not including
fur farms, commercial animal feed lots, and kennels.
AGRICULTURAL BUILDING means a structure on agricultural zoned land designed,
constructed, and used to house farm implements or agricultural produce or products used by
the owner, lessee, or sub-lessee or their immediate families, their employees, and persons
engaged in the pick up or delivery of agricultural produce or products grown or raised on the
premises. The term “agricultural building” shall not include dwellings.
AGRICULTURAL SALES shall mean the retail sale of fresh fruits, vegetables, flowers,
herbs, trees, or other agricultural, floricultural, or horticultural products. The operation may
be indoors or outdoors, include pick-your-own or cut-your-own opportunities, and may
involve the ancillary sale of items considered accessory to the agricultural products being sold
or accessory sales of unprocessed foodstuffs; home processed food products such as jams,
jellies, pickles, sauces; or baked goods and home-made handicrafts. The floor area devoted to
the sale of accessory items shall not exceed 25 percent of the total floor area. No
commercially packaged handicrafts or commercially processed or packaged foodstuffs shall
be sold as accessory items. No activities other than the sale of goods as outlined above shall
be allowed as part of the agricultural sales business.
ALLEY: A public right-of-way less than thirty (30) feet in width which affords secondary
access to abutting property.
ANTENNA, TELECOMMUNICATION: A device used for the transmission and/or reception
of wireless communications, arranged on an antenna support structure or building, and
consisting of a wire, a set of wires, or electromagnetically reflective or conductive rods,
elements, arrays, or surfaces.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 363
ANTENNA, RADIO, AND TELEVISION BROADCAST TRANSMISSION: An antenna
used to transmit public or commercial broadcast radio or television programming.
ANTENNA, PERSONAL WIRELESS COMMUNICATIONS SERVICE: An antenna used
for the transmission and reception of wireless communication radio waves including cellular,
personal communication service (PCS), enhanced specialized mobilized radio (ESMR),
paging and similar services.
ANTENNA, SATELLITE DISH: An antenna incorporating a reflective or conductive surface
that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or
cornucopia. Such an antenna is used to transmit and/or receive radio or electromagnetic
waves between terrestrially and/or orbitally based transmission or receiving systems. This
definition shall include, but not be limited to, what are commonly referred to as satellite earth
stations, TVROs (television, receive only), and satellite microwave antennas.
ANTENNA, SHORT-WAVE RADIO: An antenna used for the transmission and reception of
radio waves used for federally licensed short-wave radio communications.
ANTENNA SUPPORT STRUCTURE: Any freestanding pole, telescoping mast, tower,
tripod, or other structure which supports an antenna and is not a building or attached to a
building or structure.
APARTMENT: A room or suite of rooms which is designed for, intended for, or occupied as
a residence by a single family or an individual and is equipped with cooking facilities.
Includes dwelling unit and efficiency unit. An apartment is offered only as a rented or leased
residence, as distinguished from condominiums and townhouses, which allow for separate
ownership.
APPURTENANCE: The visible, functional, or ornamental objects accessory to, and part of a
building, such as chimneys, fire escapes, open decks, stoops, steps, open porches, bay
windows, roof overhangs, awnings, solar energy systems and similar features.
ARTIFICIAL OBSTRUCTION: Means any obstruction which is not a natural obstruction
(see Obstruction).
AS-BUILT PLANS: Record drawings of as-constructed improvements. [33-2]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 364 City of Monticello Zoning Ordinance
ASSISTED LIVING FACILITY: A multiple-family structure that includes a special
combination of housing, supportive services, personalized assistance, and health care designed
to respond to the individual needs of people who need help with activities of daily living, but
where the emphasis of the facility remains residential. Residents of assisted living facilities do
not require hospitalization or skilled or intermediate nursing care associated with nursing
home facilities, but do, because of their advanced age, require assistance or supervision in
matters such as dressing, bathing, diet, financial management, evacuation of a residence in the
event of an emergency, or medication prescribed for self-administration.
ATTENTION GETTING DEVICE: Any device whose primary purpose is to attract public
attention to a use of land (but which is not a building or the use of land itself), whether two or
three dimensional, and whether through graphics, light, movement, shapes or other method.
Such device may be either permanent or temporary, and would be regulated as a sign under
the appropriate sections of this ordinance. (new sign def)
AUCTION HOUSE: A building, area, or areas within a building used for the public sale of
goods, wares, merchandise, or equipment to the highest bidder.
AUTOMATED TELLER MACHINE (ATM): A facility to provide banking and other
electronic services that is operated by the customer.
AUTOMOBILE REPAIR - MAJOR: General repair, rebuilding or reconditioning engines,
motor vehicles or trailers; collision service, including body, frame, or fender straightening or
repair; overall painting or paint job; vehicle steam cleaning. This business performs structural
and cosmetic repairs to autos, light trucks, and equipment of 9,000 pounds GVW and less.
Allowed: Body repair and painting, frame and/or unibody straightening and repair, glass
replacement, sandblasting and/or steam cleaning, undercoating or rust proofing, upholstery
work, washing, cleaning, and polishing.
AUTOMOBILE REPAIR - MINOR: A business that performs mechanical and electrical
repairs to autos, light trucks, and equipment 9,000 pounds GVW and less. Allowed activities
include minor repairs, incidental body and fender work, minor painting and upholstering, tune
ups and adjustments, replacement of parts (excluding body and frame), rebuilding of parts or
components when installation is available, wheel alignment and balancing, tire repair, radiator
repair, washing, cleaning, and polishing, but specifically excluding any operation specified or
implied under the definition of "Automobile Repair - Major."
AUTOMOTIVE WASH FACILITY: An area or structure equipped with automatic or self-
service facilities for primarily washing automobiles.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 365
BANNERS AND PENNANTS: Attention-getting devices which resemble flags and are of a
paper, cloth, or plastic-like consistency.
BASEMENT: Means any area of a structure, including crawl spaces, having its floor or base
subgrade (below ground level) on all four sides, regardless of the depth of excavation below
ground level. [18-2(H)(2)]
BED AND BREAKFAST: A private residence, generally a single-family residence, engaged
in renting one or more dwelling rooms on a daily basis to tourists, vacationers, and business
people, where provision of meals is limited to breakfast for guests only.
BERM: An earthen mound designed to provide visual interest on a site, screen undesirable
views, reduce noise, or fulfill other such purposes.
BEST MANAGEMENT PRACTICES (BMPs): Erosion and sediment control and water
quality management practices that are the most effective and practicable means of controlling,
preventing, and minimizing degradation of surface water, including avoidance of impacts,
construction-phasing, minimizing the length of time soil areas are exposed, prohibitions, and
other management practices published by state or designated area-wide planning agencies.
[33-2]
BLUFF: A topographic feature such as a hill, cliff, or embankment having the following
characteristics (an area with an average slope of less than 18 percent over a distance for 50
feet or more shall not be considered part of the bluff):
(A) Part or all of the feature is located in a shoreland area;
(B) The slope rises at least 25 feet above the ordinary high water level of the waterbody;
(C) The grade of the slope from the toe of the bluff to a point 25 feet or more above the
ordinary high water level averages 30 percent or greater; and
(D) The slope must drain toward the waterbody.
BLUFF IMPACT ZONE: A bluff and land located within 20 feet from the top of a bluff.
BOARDER: A person who regularly receives lodging with or without meals at another’s
home for pay or services
BOARDING HOUSE: A building other than a hotel where, for compensation and by pre-
arrangement for definite periods, meals or lodging and meals are provided to three (3) or more
persons, not of the principal family therein, pursuant to previous arrangements and not to
anyone who may apply, but not including a building providing these services for more than
fifteen (15) persons.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 366 City of Monticello Zoning Ordinance
BUILDABLE AREA: The portion of a lot remaining after required yards have been provided.
BUILDING: A structure with a roof, intended for shelter, housing, business, or enclosure.
BUILDING, FRONT FAÇADE: A building elevation which fronts on a public street, public
parking lot, private parking lot available to the general public, or pedestrian walk where
customer access to a structure is available.
BUILDING HEIGHT [see section 8.2(B)(5)]
BUILDING LINE [see section 8.2(B)(3)]
BUILDING, PRINCIPAL: A building in which is conducted the principal use of the lot.
BULK FUEL STORAGE: The commercial storage of gasses and fuels in above ground
containers.
BUSINESS: Any establishment, occupation, employment, or enterprise where merchandise is
manufactured, exhibited, or sold, or where services are offered for compensation.
BUSINESS DAY: A day on which City Hall is open.
BUSINESS SUPPORT SERVICES: Establishments that engage primarily in rendering
services to businesses including but not limited to copy shops, printing services, package and
postal services, photo processing, janitorial services, and similar operations.
CALIPER: A horticultural method of measuring the diameter of a tree trunk for the purpose
of determining size. The caliper inches of a tree shall be determined by measuring the tree’s
diameter 4 feet, 6 inches from the ground.
CANOPY: A roof-like cover, often of fabric, plastic, metal, or glass on a support, which
provides shelter over a doorway. (new sign def)
CANOPY TREE: A tree that has an expected height at maturity of 30 feet or more.
CELLAR (see “BASEMENT”)
CHANNEL: A natural or artificial depression of perceptible extent, with definite bed and
banks to confine and conduct water either continuously or periodically.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 367
CEMETERY: Land used or intended to be used for burying the remains of human dead and
dedicated for cemetery purposes, including mausoleums and mortuaries when operated in
conjunction with and within the boundaries of the cemetery.
CHURCH (see “PLACE OF PUBLIC ASSEMBLY”)
CITY ENGINEER: A person who has received training and is given authority by the City of
Monticello to design, review, authorize, approve, inspect, and maintain erosion and sediment
control plans and practices. The City Engineer is part of the Community Development
Department. [33-2]
CIVIC INTEREST GROUP: A civic interest group is a non-governmental organization which
has a public or quasi-public service purpose as its central function, but may include additional
uses and activities related to its public function or provided to its membership. A civic interest
group may or may not have a specific site location or building which it occupies whether
owned or leased. Examples of such groups may include religious institutions, local or national
service clubs and organizations, private museums, historical facilities or similar entities.
CLEARING: Any activity that removes the vegetative surface cover. [33-2]
CLEAR-CUTTING: The removal of an entire stand of trees. [27-1(I)(3)]
CLINIC: A structure intended for providing medical and dental examinations and service
available to the public. This service is provided without overnight care available.
CHARITABLE, FRATERNAL, OR SOCIAL CLUB / LODGE (see “PLACE OF PUBLIC
ASSEMBLY”)
COMBINATION USE: The combination of two principal uses.
COMMUNICATION ANTENNAS AND ANTENNA SUPPORT STRUCTURES (see
“ANTENNA, TELECOMMUNICATION”)
COMMUNICATIONS/BROADCASTING: Establishments primarily engaged in the
provision of broadcasting and other information relay services accomplished through the use
of electronic and telephonic mechanisms. Antennas, antenna support structures and satellite
dishes are included in this definition. Typical uses include television studios,
telecommunication service centers, telegraph service offices, or film and sound recording
facilities.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 368 City of Monticello Zoning Ordinance
COMMUNITY DEVELOPMENT DEPARTMENT: Those departments assigned by the City
Manager to oversee the various aspects of development within the City. Such departments
may include but are not limited to planning, building safety, and engineering.
COMMUNITY GARDEN: A public or private facility for cultivation of fruits, flowers,
vegetables or ornamental plants by more than one (1) person or group.
CONDITIONAL USE: A permitted use that, because of special requirements or
characteristics, may only be allowed in a particular zoning district after review by the City and
granting of conditional use permit which imposes conditions deemed necessary to make the
use compatible with other uses permitted in the same zone or vicinity. Conditional uses that
cannot be adequately controlled through conditions shall be prohibited. Approved conditional
uses and their conditions run with the land and are not specific to property owners.
CONDOMINIUM: A form of property ownership providing for individual ownership of
space in a structure together with an individual interest in the land or other parts of the
structure in common with other owners. Residential condominium dwelling units are subject
to the provisions of the Minnesota Condominium Law, Minnesota Statutes, Sections 515.01 to
515.29.
CONSERVATION EASEMENT: A conservation easement is legal land preservation
agreement between a landowner and a municipality or a qualified land protection organization.
The easement confers the transfer of usage rights from one party to another. [33-2]
CONSTRUCTION ACTIVITY: A disturbance to the land that results in a change in the
topography, or the existing soil cover (both vegetative and non-vegetative). Examples of
construction activity may include clearing, grading, filling and excavating. [33-2]
CONSTRUCTION TRAILER: Trailers used as temporary offices to meet a short-term need
while the permanent facilities are being expanded. A temporary use permit is required for such
office trailers
CONVENIENCE STORE: A retail store not more than 4,000 square feet in area that
generally carries a reduced inventory of a variety of items such as dairy products, minor
automobile related items, groceries, novelties, magazines, etc. A convenience store may be
combined with vehicle fuel sales where permitted.
COOPERATIVE (HOUSING): A multiple family attached dwelling owned and maintained
by the residents. The entire structure and real property is under common ownership as
contrasted to a condominium dwelling where individual units are under separate individual
occupant ownership.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 369
COUNTRY CLUB: A membership club or business organized and operated primarily to
provide recreational activities such as golf, swimming, tennis, and other outdoor recreation to
its members and their guests which includes facilities such as a club house, banquet areas,
locker rooms, and pro shop.
COURT: An unoccupied open space other than a yard which is bounded on two (2) or more
sides by the walls of the buildings.
CREMATORY: A facility containing furnaces for the reduction of dead bodies to ashes by
fire.
DAY CARE - HOME: (see definitions for “Group Residential Facility”).
DAY CARE CENTER: A service provided to the public in which children of school or
preschool age are cared for during established business hours, and which does not qualify as a
group residential facility.
DECIDUOUS TREE: A tree that generally loses all of its leaves for part of the year.
DECK: A horizontal, unenclosed platform with or without attached railings, seats, trellises, or
other features, attached or functionally related to a principal use or site at any point extending
above grade.
DENSITY, BASE: The number of dwelling units allowed per net acre of land.
DENSITY, MAXIMUM: The number of dwelling units potentially allowed per net acre of
land if certain conditions are met through either performance standards or the planned unit
development process.
DEPARTMENT STORE [see “RETAIL COMMERCIAL USES (OTHER)”]
DEPOSIT: Any rock, soil, gravel, sand, or other material deposited naturally or by man into a
water body, watercourse, flood plain, or wetland.
DEWATERING: The removal of water for construction activity; typically a discharge of
appropriated surface or groundwater to dry and/or solidify a construction site.
Minnesota Department of Natural Resources permits are required to be appropriated for
dewatering, and if the water is found to be contaminated, may require other MPCA permits to
be discharged. [33-2]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 370 City of Monticello Zoning Ordinance
DISTRICT: An area delineated on the official zoning map that sets forth standards and
guidelines for all development within the prescribed zoning district.
DONATION DROP-OFF CONTAINER: A receptacle designed with a door, slot, or other
opening that is intended to accept and store donated items.
DRAINING: The removal of surface water or groundwater from land.
DREDGING: To enlarge or clean out a water body, watercourse, or wetland.
DRIPLINE: A vertical line that extends from the outermost branches of a tree’s canopy to the
ground around the circumference of the tree.
DRIVE-THROUGH SERVICE: A building opening, including windows, doors, or
mechanical devices, through which occupants of a motor vehicle receive or obtain a product or
service.
DUMPSTER: A container that has a hooking mechanism that permits it to be raised and
dumped into a sanitation truck or be hauled away for emptying.
DUPLEX: A building designed as a single structure, containing two separate dwelling units,
each of which is designed to be occupied as a separate permanent residence for one family.
DWELLING: A building or portion thereof designated exclusively for residential occupancy,
including one-family, two-family, and multiple family dwellings, but not including hotels,
motels, and boarding houses.
DWELLING, ACCESSORY UNIT: A dwelling unit, either within the same building as the
single-family dwelling unit or in a detached building. Accessory dwelling units shall be
developed in accordance with the standards set forth in this ordinance and only in those zoning
districts where permitted.
DWELLING, ATTACHED: A structure intended for occupancy by more than one family,
including duplexes, townhomes, multi-family dwellings, apartments, and condominiums.
Accessory dwelling units as defined and permitted by this ordinance are incidental to a
principal dwelling unit and are not considered to be attached dwellings.
DWELLING, DETACHED: A dwelling unit designed exclusively for occupancy by one (1)
family.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 371
DWELLING, MULTIPLE FAMILY: A building designed with three (3) or more dwelling
units exclusively for occupancy by three (3) or more families living independently of each
other but sharing hallways and main entrances and exits.
DWELLING UNIT: An area within a structure designed and constructed to be occupied by
one family which includes permanent provisions for living, cooking, and sanitation. Dwelling
unit does not include hotels, motels, group residential facilities, correctional facilities,
nursing/convalescent home, rehabilitation centers, or other structures designed for transient
residence.
EFFICIENCY APARTMENT: A dwelling unit consisting of one (1) principal room exclusive
of bathroom, hallway, closets, or dining alcove, and has limited provisions for cooking
(kitchenette).
ENTERTAINMENT, INDOOR COMMERCIAL: An establishment providing completely
enclosed recreation or entertainment activities. Accessory uses may include the preparation
and serving of food or the sale of equipment related to the enclosed uses. Included in this
definition shall be bowling, roller skating or ice-skating, billiards, pool, motion picture
theaters, and related amusements. This use does not include adult uses.
ENTERTAINMENT, OUTDOOR COMMERCIAL: An establishment providing recreation
or entertainment activities primarily occurring outdoors. Accessory uses may include the
preparation and serving of food, the sale of equipment related to the outdoor uses, and
complementary indoor entertainment facilities. Examples of outdoor commercial
entertainment businesses include, but are not limited to, a golf driving range, sand volleyball
courts, go-carts, or a miniature golf course. This use does not include projectile weapon
ranges (archery or shooting),a stadium or a drive-in movie theater.
ERECT: Activity of constructing, building, raising, assembling, placing, affixing, attaching,
creating, painting, drawing or any other way of bringing into being or establishing. (new sign
def)
EROSION CONTROL: A measure that prevents erosion including but not limited to: soil
stabilization practices, limited grading, mulch, temporary or permanent cover, and
construction phasing. [33-2]
EROSION CONTROL INSPECTOR: A designated agent given authority by the City of
Monticello to inspect and maintain erosion and sediment control practices. [33-2]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 372 City of Monticello Zoning Ordinance
ESSENTIAL SERVICES: Public or private utility systems for gas, electricity, steam, sewer
and water; voice, television, and digital communications systems; and waste disposal and
recycling services. These services include underground, surface, and overhead systems and all
accessories thereto such as poles, towers, wires, mains, drains, vaults, culverts, laterals,
sewers, pipes, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call
boxes, traffic signals, pumps, lift stations, hydrants, and other similar features necessary for
the function of the essential service. Wireless radio frequency reception and transmission
antennas and support structures shall not be considered an essential service.
EXTRACTION OF MATERIALS: the development or extraction of a natural resource in
excess of four hundred (400) cubic yards from its natural occurrences on affected land without
processing. [3-8]
EXTRACTIVE USE: The use of land for surface or subsurface removal of sand, gravel,
rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota
Statutes, sections 93.44 to 93.51.
EVERGREEN TREE: A tree that retains some or most of its leaves or needles throughout the
year.
EXISTING TREE CANOPY: The crowns of all healthy self-supporting canopy trees with a
diameter at breast height (DBH) of ten inches or greater and understory trees with a caliper
size of four inches or greater at breast height.
FAMILY: An individual or group that maintains a common household and use of common
cooking and kitchen facilities and common entrances to a single dwelling unit, where the
group consists of:
(A) Two (2) or more persons each related to the other by blood, marriage, domestic
partnership, adoption, legal guardianship (including foster children); or,
(B) Not more than four (4) unrelated persons.
FARMERS MARKET: An occasional or periodic market held in an open area or in a
structure where groups of individual sellers offer for sale to the public such items as fresh
produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not
to include second-hand goods) dispensed from booths located on-site.
FENCE: A tangible barrier constructed of any allowable material erected for the purpose of
providing a boundary or as a means of protection, or to prevent uncontrolled access, or for
decorative purposes (such as an ornamental gate or ornamental gates), or to screen from
viewers in or on adjoining properties and streets, materials stored and operations conducted
behind it
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 373
FILLING: The act of depositing any rock, soil, gravel, sand, or other material so as to change
the natural grade of the land; and/or to fill or partly fill a water body, watercourse, or wetland.
FINAL GRADE: Excavation or fill of material to final plan elevation. Final grade completed
as part of individual site development. [33-2]
FINAL STABILIZATION: [33-2]
(A) All soil disturbing activities at the site have been completed and a uniform (e.g., evenly
distributed, without large bare areas) perennial vegetative cover with a minimum density
of 70% of approved vegetative cover for the area has been established on all unpaved
areas and areas not covered by permanent structures, or equivalent permanent
stabilization measures have been employed;
(B) For individual lots in residential construction by either: (a) The homebuilder
completing final stabilization as specified above, or (b) the homebuilder establishing
temporary stabilization including perimeter controls for an individual lot prior to
occupation of the home by the homeowner and information the homeowner of the need
for, and benefits of, final stabilization.
FINANCIAL INSTITUTION: An establishment that provides retail banking services,
mortgage lending, or similar financial services to individuals and businesses. Financial
institutions include those establishments engaged in the on-site circulation of cash money and
check-cashing facilities, but shall not include bail bond brokers. Financial institutions may
also provide Automated Teller Machine (ATM) services, located within a fully enclosed space
or building, along an exterior building wall intended to serve walk-up customers only, or in a
City authorized drive-thru lane.
FINISHING STANDARD: Criterion established to control and limit the impacts generated
by, or inherent in, uses of land or buildings. The term “finishing standard” shall be
synonymous with “performance standard.”
FLAG: Any fabric or similar lightweight material attached at one end of the material, usually
to a staff or pole, so as to allow movement of the material by atmospheric changes and which
contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices.
(new sign def)
FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or
lake that results in the inundation of normally dry areas. [18-2(H)(5)]
FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or
discharge may be equalled or exceeded. [18-2(H)(6)]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 374 City of Monticello Zoning Ordinance
FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is
synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City of
Monticello. [18-2(H)(7)]
FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake, or watercourse
which have been or hereafter may be covered by the regional flood. [18-2(H)(8)]
FLOOD PROFILE: A graph or a longitudinal plot of water surface elevations of a flood event
along a reach of a stream or river.
FLOOD-PROOFING: A combination of structural provisions, changes, or adjustment to
properties and structures subject to flooding, primarily for the reduction or elimination of
flood damages. [18-2(H)(9)]
FLOODWAY: The bed of wetland or lake and the channel of a watercourse and those
portions of the adjoining flood plain which are reasonably required to carry or store the
regional flood discharge. [18-2(H)(10)]
FLOOR AREA [see section 8.2(B)(4)]
FLOOR AREA - FININSHABLE: Area within a building—exclusive of mechanical, garage,
or unfinished storage space—that could meet all requirements of “finished floor area” after
improvements are completed. [3-2(B)(3)(e paragraph 2)]
FLOOR AREA - FINISHED: To qualify as finished floor area, the space shall be at or above
the finished exterior grade, or in the case of lower levels, no less than 42 inches below such
grade; must have heat; flooring such as carpet, vinyl, tile, wood or other similar floor
covering; a ceiling and walls covered with gypsum board, plaster, or wood which is stained,
painted or covered with other residential wall/ceiling covering prior to occupancy. Basements
that are neither “look out” or “walk out” levels may be finished, but shall not be counted
towards a minimum finished square footage calculation. [3-2(B)(3)(e paragraph 4)]
FOREST LAND CONVERSION: The clear cutting of forested lands to prepare for a new
land use other than reestablishment of a subsequent forest stand.
FREEWAY CORRIDOR (SIGN) AREA: A special signing area encompassing land located
within eight hundred (800) feet either side (north or south) of the centerline of Interstate 94, in
addition to certain areas along Trunk Highway 25 south of Interstate 94 north of Dundas
Road, East of Sandberg Road, and West of Cedar Street as shown on the City’s official
Freeway Bonus Sign District Map. (new sign def)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 375
FUNERAL HOME: An establishment that provides human funeral services, including
embalming and memorial services. Crematories are accessory uses to a funeral home.
GARAGE: An attached or detached accessory structure for the purpose of parking vehicles.
GARAGE SALE: The sale of miscellaneous used items commonly associated with residential
use. Garage sales shall not be for the sale of primarily a single commodity. The term “garage
sale” includes “sidewalk sale,” “yard sale,” “basement sale,” and “estate sale.”
GENERAL WAREHOUSING: Structures used for the storage or distribution of goods where
there is no sale of items to retailers or the general public unless permitted as an accessory use
to the warehouse.
GRADING: Excavation or fill of material, including the resulting conditions thereof. [33-2]
GRADING, DRAINAGE AND EROSION CONTROL PERMIT : A permit issued by the
municipality for the construction or alteration of the ground and for the improvements and
structures for the control of erosion, runoff, and grading. Herein after referred to as “Grading
Permit”. [33-2]
GRADING, DRAINAGE AND EROSION CONTROL PLANS: A set of plans prepared by
or under the direction of a licensed professional engineer. Plans are required to indicate the
specific measures and sequencing to be used to control grading, sediment and erosion on a
development site during and after construction as detailed in the City of Monticello “Plan
Requirements and Design Guidelines”. [33-2]
GREENHOUSE/CONSERVATORY: A structure, primarily of glass, in which temperature
and humidity can be controlled for the cultivation or protection of plants
GROUP RESIDENTIAL FACILITY, SINGLE FAMILY: A state-licensed facility, public or
private, which regularly provides a planned combination of living conditions, services, and
resources for the treatment, rehabilitation, training, supervision, or care of persons residing on
the premises which falls into one of the following categories: 1) a state licensed residential
facility serving six or fewer persons; 2) registered housing with services establishment serving
six or fewer persons; 3) a licensed day care facility serving 12 or fewer persons, or 4) a group
family day care facility licensed to serve 14 or fewer children. This term does not include any
type of residential or non-residential facility for persons convicted of crimes, or for persons
accused of crimes who are diverted to the facility before conviction; nor does it include a
residential facility whose primary purpose is to treat juveniles who have violated criminal
statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 376 City of Monticello Zoning Ordinance
Hoop Building
GROUP RESIDENTIAL FACILITY, MULTIFAMILY: A state-licensed facility, public or
private, which regularly provides a planned combination of living conditions, services, and
resources for the treatment, rehabilitation, training, supervision, or care of persons residing on
the premises which falls into one of the following categories: 1) a state licensed residential
facility serving between seven (7) and sixteen (16) persons, or 2) a licensed day care facility
serving between thirteen (13) and sixteen (16) persons. This term does not include any type of
residential or non-residential facility for persons convicted of crimes, or for persons accused
of crimes who are diverted to the facility before conviction; nor does it include a residential
facility whose primary purpose is to treat juveniles who have violated criminal statutes
relating to sex offenses or have been adjudicated delinquent on the basis of conduct in
violation of criminal statutes relating to sex offenses.
HELIPORT: An area used or intended to be used for the landing and takeoff of helicopters,
and may include any or all of the areas of buildings appropriate to accomplish these functions
HEAVY INDUSTRIAL USE (see “HEAVY MANUFACTURING”)
HIGH RISK TREE: Any tree with structural defects sufficient to render the tree or part of the
tree likely to fail and cause damage to persons, property, or other significant vegetation, as
determined by a qualified arborist or other tree professional.
HOME OCCUPATION: An occupation carried on in a dwelling unit by the resident thereof;
provided that the use is limited in extent and incidental and secondary to the use of the
dwelling unit for residential purposes and does not change the character
thereof.
HOOP BUILDING (see also “tarp garage”): A portable or permanently
anchored structure defined mainly by a steel or PVC frame over which a
cover made from plastic, tarp, or other similar type fabrics or materials is
placed.
HOSPITAL: A facility providing medical, psychiatric, or surgical services for sick or injured
persons primarily on an inpatient basis, including ancillary facilities for outpatient and
emergency treatment, diagnostic services, training, research, and administration, and services
to patients, employees, or visitors.
HOTEL or MOTEL: Hotel and Motel are considered to be synonymous uses. A hotel or
motel 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.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 377
IMPERVIOUS SURFACE: The area of a lot occupied by a constructed hard surface that
either prevents or retards the entry of water into the soil and causes water to run off the surface
in greater quantities and at an increased rate of flow than prior to development. Examples
include but are not limited to decks with one-fourth (1/4) inch spacing or less; decks with a
surface underneath that is impervious; concrete patios; bituminous patios; landscaping rocks
over plastic liners; courts (sport and tennis); sand boxes with liners; roofs; structures; paved
driveways and other driveway surfaces (crushed bituminous, concrete, gravel, other rock,
packed dirt, etc); landscape beds with linings; and concrete sidewalks. Exceptions include the
following topics: wood decks with one-fourth (1/4) inch spacing or more with pervious
material underneath the deck; driveway and sidewalks constructed of pavers provided proof of
proper installation is provided; wood chip sidewalks; and retaining walls.
INDOOR FOOD/CONVENIENCE SALES: A small retail establishment located within or
associated with another use that offers for sale prepared food or convenience goods such as
prepackaged food items, tobacco, periodicals, and other household goods.
INDUSTRIAL SERVICES (GENERAL): Businesses that are engaged in the repair or
servicing of industrial, business, or consumer machinery, equipment, products, or by-products;
or providing other related services primarily for industrial businesses. Industrial service firms
that service consumer goods do so by mainly providing centralized services for separate retail
outlets. Also includes firms such as contractors and building maintenance services and similar
establishments engaged in performance of services off-site. Few customers, especially the
general public, come to the site. Accessory activities may include retail sales, offices, parking
and storage.
INTENSIVE VEGETATION CLEARING: The complete removal of trees or shrubs in a
contiguous patch, strip, row, or block.
KENNEL (COMMERCIAL): A facility for the boarding, breeding, raising, grooming,
selling, training or other animal husbandry activities for dogs, cats or other animals for
financial or other compensation.
LAND RECLAMATION: The reclaiming of land by the importation, depositing, or grading
of soils in excess of 400 cubic yards so as to elevate the grade. [3-7]
LANDSCAPE STRIP, PERIMETER: Vegetative material associated with the perimeter
landscaping required for a vehicular use area.
LANDSCAPING / NURSERY BUSINESS: A retail business devoted to the growth, display,
and/or sale of plants, shrubs, trees; and/or landscaping materials and services.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 378 City of Monticello Zoning Ordinance
LIGHT INDUSTRIAL USE: (see “MANUFACTURING, LIGHT”)
LOT (OF RECORD): A parcel of land, whether subdivided or otherwise legally described, as
of the effective date of this ordinance, or approved by the City as a lot subsequent to such date
and which is occupied by or intended for occupancy by one (1) principal building or principal
use together with any accessory buildings and such open spaces as required by this ordinance
and having its principal frontage upon a street.
LOT: Land occupied or to be occupied by a building and its accessory buildings, together
with such open spaces as are required under the provisions of this zoning regulation, having
not less than the minimum area required by this zoning ordinance for a building site in the
district in which such lot is situated and having its principal frontage on a street or a proposed
street approved by the Council.
LOT Related Definitions (e.g. lot depth, lot area, lot corner, etc): [see section 8.2(B)]
LOT LINE: A property boundary line of any lot held in single or separate ownership, except
that where any portion of the lot extends into the abutting street or alley, the lot line shall be
deemed to be the street or alley right-of-way.
MACHINERY/TRUCK REPAIR: This business performs mechanical, electrical, structural,
and cosmetic repairs to trucks and heavy equipment. Allowed: Tune ups and adjustment,
replacement of parts, rebuilding of parts or components when installation is available, body
repair, collision service and painting, frame straightening and repair, steam cleaning and/or
sandblasting, undercoating and rust proofing, radiator repair, tire repair, wheel alignment and
balancing, washing, cleaning, and polishing.
MANUFACTURED (MOBILE) HOME: A structure transportable in one or more sections
which in the traveling mode is 8 body feet or more in width or 40 body feet or more in length,
or, when erected on a side, is 760 or more square feet and which is built on a permanent
chassis and designed to be used as a dwelling with or without a permanent foundation when
connected to the required utilities, and includes the plumbing, heating, air conditioning, and
electrical systems contained in it, and which complies with the manufactured home building
code (MN State Statute 327.31).
MANUFACTURED HOME PARK: A contiguous parcel of land which has been developed
for the placement of manufactured homes and is owned by an individual, firm, trust,
partnership, public or private association, or corporation.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 379
MANUFACTURING, HEAVY: The manufacturing of products from raw or unprocessed
materials, where the finished product may be combustible or explosive. This category shall
also include any establishment or facility using large unscreened outdoor structures such as
conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment that cannot
be integrated into the building design, or engaging in large-scale outdoor storage. Any
industrial use that generates noise, odor, vibration, illumination, or particulate that may be
offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site
hazardous chemical storage shall be classified under this land use. This use shall include any
packaging of the product being manufactured on-site. Examples include but are not limited to
the production of the following: large-scale food and beverage operations, lumber, milling,
and planing facilities; aggregate, concrete and asphalt plants; foundries, forge shops, open air
welding, and other intensive metal fabrication facilities; chemical blending, mixing, or
production, and plastic processing and production.
MANUFACTURING, LIGHT: The mechanical transformation of predominantly previously
prepared materials into new products, including assembly of component parts and the creation
of products for sale to the wholesale or retail markets or directly to consumers. Such uses are
wholly confined within an enclosed building, do not include processing of hazardous gases
and chemicals, and do not emit noxious noise, smoke, vapors, fumes, dust, glare, odor, or
vibration. Examples include, but are not limited to: production or repair of small machines or
electronic parts and equipment; woodworking and cabinet building; publishing and
lithography; computer design and development; research, development, testing facilities and
laboratories; apparel production; sign making; assembly of pre-fabricated parts, manufacture
of electric, electronic, or optical instruments or devices; manufacture and assembly of artificial
limbs, dentures, hearing aids, and surgical instruments or parts; manufacture, processing, and
packing of food products or cosmetics; and manufacturing of components, jewelry, clothing,
trimming decorations and any similar item.
MARQUEE: Any permanent roof like structure projecting beyond a theater building or
extending along and projecting beyond the wall of that building, generally designed and
constructed to provide protection from the weather. (new sign def)
MAXIMUM DENSITY: The number of dwelling units allowed per gross acre of land as
controlled by an individual or joint ownership group.
MEAN GROUND LEVEL: The elevation established for the purpose of regulating the
number of stories and the height of buildings. Grade shall be the mean level of the finished
surface of the ground adjacent to the exterior walls of the buildings.
MULTIPLE-TENANT SITE: Any site which has more than one (1) tenant, and each tenant
has a separate ground level exterior public entrance. (new sign def)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 380 City of Monticello Zoning Ordinance
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): The
program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing
permits under the Clean Water Act (Sections 301, 318, 402, and 405) and United States Code
of Federal Regulations Title 33, Sections 1317, 1328, 1342, and 1345. [33-2]
NATURAL DRAINAGE SYSTEM: All land surface areas which by nature of their contour
configuration, collect, store and channel surface water run-off.
NATURAL OBSTRUCTION: Means any rock, tree, gravel, or analogous natural matter that
is an obstruction and has been located within a water body, watercourse, or wetland by a non-
human cause.
NEXT AVAILABLE AGENDA: The next meeting at which an application can be heard by a
reviewing body after consideration of the anticipated time for review and other items already
scheduled for future agendas. The Community Development Department has full discretion
to select the best future meeting date that will accommodate the administrative and official
review of an item provided the overall timeframe for review will comply with all state
mandated review deadlines.
NONCONFORMING STRUCTURE OR BUILDING: A structure or building, the size,
dimensions, or location of which was lawful prior to [effective date of this ordinance] or on
the effective date of any amendment to this ordinance, but that fails by reason of such
adoption or amendment to conform to the requirements of this ordinance.
NONCONFORMING USE: Any use lawfully being made of any land, building, or structure
not otherwise abandoned, existing on [effective date of this ordinance] or on the effective
date of any amendment of this Ordinance, that does not comply with the use regulations of this
Ordinance or the amendment.
NURSING HOME (CONVALESCENT HOME): A facility that provides nursing services
and custodial care generally on a 24-hour basis for two or more unrelated individuals who for
reasons of illness, physical infirmity, or advanced age, require such services; but not including
hospitals, clinics, sanitariums, or similar institutions.
OBSTRUCTION (in relation to flood plains): Any dam, wall, wharf, embankment, levee,
dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire,
fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any
channel, watercourse, or regulatory flood plain which may impede, retard, or change the
direction of the flow of water, either in itself or by catching or collecting debris carried by
such water. [18-2(H)(11)]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 381
OFFICE USE: An establishment primarily engaged in providing professional, financial,
administrative, clerical, and similar services.
OFF-STREET LOADING SPACE: A space accessible from the street, alley or way, in a
building or on the lot, for the use of trucks while loading or unloading merchandise or
materials. Such space shall be of such size as to accommodate one (1) truck of the type
typically used in the particular business.
OPACITY (OPAQUE): A measurement indicating the degree of obscuration of light or
visibility. An object that is 100% opaque is impenetrable by light.
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.
OPEN SPACE: An area on a lot not occupied by any structure or impervious surface.
OPEN SPACE, USABLE: A required ground area or terrace area on a lot which is graded,
developed, landscaped, and equipped and intended and maintained for either active or passive
recreation or both, available and accessible to and usable by all persons occupying a dwelling
unit or rooming unit on the lot and their guests. Such areas shall be grassed and landscaped or
covered only for a recreational purpose. Roofs, driveways, and parking areas shall not
constitute usable open space.
ORDINARY HIGH WATER (new shoreland district code): The boundary of public waters
which may include wetlands, and shall be an elevation delineating the highest water level
which has been maintained for a sufficient period of time to leave evidence upon the
landscape, commonly that point where the natural vegetation changes from predominantly
aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the
elevation of the top of the bank of the channel. For reservoirs and flowages, the
ordinary high water level is the operating elevation of the normal summer pool. [27-
1(I)(6)]
OUTDOOR STORAGE: The keeping, in an un-roofed area, of any goods, junk, 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. Such activities may
be the principal use of the land or as an accessory use to another principal use.
OUTPATIENT CARE: Medical examination or service available to the public in a hospital.
This service is provided without overnight care and shall be considered a separate,
independent, principal use when combined or operated in conjunction with a hospital.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 382 City of Monticello Zoning Ordinance
PARAPET: A low wall which is located perpendicular to (extension of front wall) a roof of a
building.
PARK FACILITY, ACTIVE: A park or recreation facility that includes one or more of the
following: buildings, lighting, ball fields, tennis courts, swimming pools, skate parks, golf
courses, or other active sports facilities. Active park facilities will commonly include
benches, picnic areas, trails, sidewalks, and other similar features.
PARK FACILITY, PASSIVE: A park or recreational facility that does not include the
construction of facilities, lighting, or development of ball fields or other active sports
facilities. Passive parks may include benches, picnic areas, trails and sidewalks.
PARKING: The act of keeping a passenger vehicle as defined herein on an approved parking
space, properly surfaced, for a temporary period of time. (new off-road parking definition)
PARKING BAY: The parking module consisting of one or two rows of parking spaces or
stalls and the aisle from which motor vehicles enter and leave the spaces.
PARKING ISLAND: Landscaped areas within parking lots used to separate parking areas and
to soften the overall visual impact of a large parking area from adjacent properties.
PARKING LOT DRIVE AISLE: A vehicular accessway located within an off-street parking
or vehicular use area which serves individual parking stalls and driveways.
PARKING SPACE/STALL: An area enclosed in the main building, in an accessory building,
or unenclosed sufficient in size to store one (1) automobile which has adequate access to a
public street or alley and permitting satisfactory ingress and egress of an automobile.
PARKING STRUCTURE: A structure designed to accommodate vehicular parking spaces
that are fully or partially enclosed or located on the deck surface of a building. This definition
includes parking garages, decks, and ramp parking.
PARKING, SURFACED: A parking space or storage space which is paved, or surfaced with
crushed rock, such as Class V limestone, crushed or decomposed granite, “con-bit”, or
landscaping rock of adequate durability to support the load parked or stored thereon. (new off-
road parking definition)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 383
PARKING, UNSURFACED: A storage space which is covered by vegetation, such as grass
or other landscaped cover, and which is mowed or trimmed to meet the City’s weed control
regulations. Unsurfaced space may not include bare ground which may be subject to erosion,
tracking of mud onto the roadway, or drainage of silt into a public drainage easement or
waterway. (new off-road parking definition)
PASSENGER TERMINAL: A place that receives and discharges passengers which generally
includes facilities and equipment required for the operation. Examples include terminals for
bus, taxi, railroad, shuttle van, or other similar vehicular services. This definition does not
include bus stops or similar transfer points for passengers at which no facilities (excluding a
bench or shelter) are provided.
PAVED: A parking space or storage space which is surfaced with only the following
materials: Asphalt, concrete, and natural or man-made paving stones such as brick, granite, or
concrete pavers, provided such pavers have a flat surface area of no less than nine square
inches. (new off-road parking definition)
PERFORMANCE STANDARD: Criterion established to control and limit the impacts
generated by, or inherent in, uses of land or buildings. The term “performance standard” shall
be synonymous with “finishing standard.”
PERIMETER SEDIMENT CONTROL: A barrier that prevents sediment from leaving a site
by filtering sediment-laden runoff or diverting it to a sediment trap or basin. [33-2]
PERMANENT COVER: Final site stabilization. Examples include grass, gravel, asphalt, and
concrete. [33-2]
PERMITTED USE: A use which may be lawfully established in a particular district or
districts, provided it conforms with all requirements, regulations, and performance standards
(if any) of such districts.
PERMITTEE: Applicant for and recipient of an approved permit. [33-2]
PERSON: An individual, firm, partnership, association, corporation, or organization of any
kind.
PERSONAL SERVICES: Establishments that primarily engage in providing services
generally involving the care of the person or person’s possessions. Personal services may
include but are not limited to: laundry and dry-cleaning services, barber shops, beauty salons,
health and fitness studios, music schools, informational and instructional services, tanning
salons, and portrait studios.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 384 City of Monticello Zoning Ordinance
PHASING (in relation to grading): Clearing a parcel of land in distinct phases, with the
stabilization of each phase completed before the clearing of the next. [33-2]
PLACE OF PUBLIC ASSEMBLY: An institution or facility that congregations of people
regularly attend to participate in or hold meetings, workshops, lectures, civic activities,
religious services, and other similar activities, including buildings in which such functions and
activities are held.
PLAN REQUIREMENTS AND DESIGN GUIDELINES: Manual detailing City
specifications for all plan requirements. [33-2]
PLANNED UNIT DEVELOPMENT: A type of development which may incorporate a
variety of land uses planned and developed as a unit. The planned unit development is
distinguished from the traditional subdivision process of development in that zoning standards
such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation
and agreement between the developer, the municipality, and the Commissioner of Natural
Resources as may be required. [27-1(I)(7)]
PLANTING STRIP: Areas intended for the placement of vegetation within the interior of
vehicular use areas or along street right-of-way edges, typically between the back of the curb
and the inside edge of the sidewalk.
PORTABLE CONTAINER: A large container designed and rented or leased for the
temporary storage of commercial, industrial, or residential household goods that does not
contain a foundation or wheels for movement.
PRINCIPAL USE: The main use of land or buildings as distinguished from subordinate or
accessory uses.
PUBLIC BUILDING OR USE: Any facility, including but not limited to buildings and
property that are leased or otherwise operated or funded by a governmental body or public
entity.
PUBLIC WATERS: Any waters as defined in Minnesota Statutes, section 103G.005, Subd.
15, 15a.
REACH (in relation to flood plains): A hydraulic engineering term to describe a longitudinal
segment of a stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge crossings would most
typically constitute a reach. [18-2(H)(13)]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 385
REAL ESTATE OFFICE/MOBILE SALES HOME: A dwelling temporarily used as a sales
office for a residential development under construction for on-site sales
RECREATIONAL VEHICLE CAMP SITE: A lot or parcel of land occupied or intended for
occupancy by recreational vehicles for travel, recreational, or vacation usage for short periods
of stay subject to the provisions of this ordinance.
RECYCLING AND SALVAGE CENTER: A facility engaged solely in the storage,
processing, resale, or reuse of recyclable and recovered materials.
REGIONAL FLOOD: A flood which is representative of large floods known to have
occurred generally in Minnesota and reasonably characteristic of what can be expected to
occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional
flood is synonymous with the term "base flood" used in the Flood Insurance Study. [18-
2(H)(14)]
REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection
elevation shall be an elevation no lower than one foot above the elevation of the regional flood
plus any increases in flood elevation caused by encroachments on the flood plain that result
from designation of a floodway. [18-2(H)(15)]
REPAIR ESTABLISHMENT: An establishment primarily engaged in the provision of repair
services for TV’s, bicycles, clocks, watches, shoes, guns, canvas products, appliances, and
office equipment; including tailor; locksmith; and upholsterer.
RESTAURANT : An establishment where meals or prepared food, including beverages and
confections, are served to customers for consumption on or off the premises. Such a facility
may include indoor and outdoor seating and/or drive through services.
RETAIL COMMERCIAL USES (OTHER): Establishments primarily engaged in the sale of
goods and materials to the general public not otherwise specifically defined in code. Retail
commercial uses may include by are not limited to bookstores, antique stores, grocery stores
and similar uses; but do not include sales from moveable motorized vehicles.
ROOF: The exterior surface and its supporting structure on the top of a building or structure.
The structural makeup of which conforms to the roof structures, roof construction and roof
covering sections of the International Building Code. (new sign def)
ROOT ZONE: The area inside the dripline of a tree that contains its roots.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 386 City of Monticello Zoning Ordinance
SCHOOL, K-12: A public or private school offering general, technical, or alternative
instruction at the elementary, middle, or high school level that operates in buildings or
structures on land leased or owned by the educational institution for administrative purposes.
Such uses include classrooms, vocational training (including that of an industrial nature for
instructional purposes only in middle or high schools), laboratories, auditoriums, libraries,
cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the
educational mission of the institution.
SCHOOL, HIGHER EDUCATION: A public or private non-profit institution for post-
secondary education or a public or private school offering vocational or trade instruction to
students. Such educational institutions operate in buildings or structures on land leased or
owned by the educational institution for administrative purposes. Such uses include
classrooms, vocational training (including that of an industrial nature for instructional
purposes only), laboratories, auditoriums, libraries, cafeterias, after school care, athletic
facilities, dormitories, and other facilities that further the educational mission of the
institution.
SCROLLING TEXT: A type of dynamic sign movement in which the letters or symbols
move horizontally across the sign in a continuous scroll, permitting a viewer to observe the
message over time. Scrolling shall not include flashing or other types of video movement.
(new sign def)
SEDIMENT CONTROL: Measures and methods employed to prevent sediment from leaving
the site. [33-2]
SELF-STORAGE FACILITY: A building or group of buildings that contains equal or
varying sizes of individual, compartmentalized, and controlled access stalls or lockers for the
storage of residential or commercial customer’s goods or wares.
SEMIPUBLIC USE: The use of land by a private, nonprofit organization to provide a public
service that is ordinarily open to some persons outside the regular constituency of the
organization.
SENIOR HOUSING: A multiple-family structure, 80 percent of whose occupants shall be 65
years of age or over, or a multiple-family structure where each unit is occupied by at least one
person who is 55 years of age or over and is retired. The facility may include common areas
for the congregation of occupants for activities or meals. Senior housing shall typically
consist of multiple-household attached dwellings, but may include detached dwelling units as
part of a wholly owned and managed senior project.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 387
SENSITIVE RESOURCE MANAGEMENT: The preservation and management of areas
unsuitable for development in their natural state due to constraints such as shallow soils over
groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to
flooding, or occurrence of flora or fauna in need of special protection.
SETBACK: The horizontal distance between a structure and the lot lines of the lot on which it
is located.
SEWAGE TREATMENT SYSTEM: a septic tank and soil absorption system or other
individual or cluster type sewage treatment system.
SEWER SYSTEM: Pipelines or conduits, pumping stations, and force main, and all other
construction, devices, appliances, or appurtenances used for conducting sewage or industrial
waste or other wastes to a point of ultimate disposal.
SHADE TREE: A tree planted or valued chiefly for its shade from sunlight; this term usually
applies to large trees with spreading canopies.
SHELTER, FALLOUT: An accessory building specifically designed and used for the
protection of life from radioactive fallout.
SHELTER, STORM: An accessory building specifically designed and used for the protection
of life from weather events.
SHORE IMPACT ZONE: Land located between the ordinary high water level of a public
water and a line parallel to it at a setback of 50 percent of the structure setback.
SHORELAND: Land located within the following distances from public water: [27-1(I)(11)]
(A) 1,000 feet from the ordinary high water mark of a lake, pond, or flowages. [27-
1(I)(11)(a)]
(B) Three hundred (300) feet from a river or stream, or the landward extent of a flood plain
designated by ordinance on such river or stream, whichever is greater. The limits of
shorelands may be reduced whenever the waters involved are bounded by topographic
divides that extend landward from the waters for lesser distances and when approved by
the commissioner. [27-1(I)(11)(b)]
(C) The area included in the recreational land use districts for the Mississippi River as
defined in Minnesota Regulations NR 2400-2420. [27-1(I)(11)(c)]
SHRUB: A woody plant, smaller than a tree, consisting of several small stems emerging from
the ground, or small branches near the ground. Shrubs may be deciduous or evergreen.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 388 City of Monticello Zoning Ordinance
SIDEWALK SALES & DISPLAY: Outdoor sale and display, conducted by the proprietor, of
products normally sold inside a retail establishment.
SIGN: Any letter, word or symbol, poster, picture, statuary, reading matter or representation in
the nature of advertisement, announcement, message or visual communication, whether
painted, posted, printed, affixed or constructed, including all associated brackets, braces,
supports, wires and structures, which is displayed for informational or communicative
purposes. (new sign def)
SIGN FACE: The surface of the sign upon, against, or through which the message of the sign
is exhibited. (new sign def)
SIGN STRUCTURE: Any structure including the supports, uprights, bracing and framework
which supports or is capable of supporting any sign. (new sign def)
SIGN, ABANDONED: Any sign and/or its supporting sign structure which remains without a
message or whose display surface remains blank for a period of one (1) year or more, or any
sign which pertains to a time, event or purpose which no longer applies, shall be deemed to
have been abandoned. Signs applicable to a business temporarily suspended because of a
change in ownership or management of such business shall not be deemed abandoned unless
the property remains vacant for a period of one (1) year or more. Any sign remaining after
demolition of a principal structure shall be deemed to be abandoned. Where a sign has
received a special permit or other City approval, such approval shall run with the principal use
of the property, and such a sign shall be considered to be abandoned under this definition
when it meets the conditions specified in this section, notwithstanding the prior special
approval. (new sign def)
SIGN, AREA IDENTIFICATION: A freestanding sign which identifies the name of a
neighborhood, a residential subdivision, a multiple residential complex consisting of three (3)
or more structures, a shopping center consisting of five (5) or more separate business
concerns, an industrial area, an office complex consisting of three (3) or more structures, or
any combination of the above located on contiguous property.
SIGN, AWNING: A building sign or graphic printed on or in some fashion attached directly
to the awning material. (new sign def)
SIGN, AREA: A sign identifying a series of related parcels or uses, rather than a specific
parcel or use. (new sign def)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 389
Changeable Copy
Sign
Canopy Sign
SIGN, BALLOON: A sign consisting of a bag made of lightweight material supported by
helium, hot, or pressurized air which is greater than twenty-four (24) inches in diameter. (new
sign def)
SIGN, BILLBOARD: See definition of Off Premises Sign. (new sign def)
SIGN, BUILDING: Any sign attached or supported by any building. (new sign def)
SIGN, CANOPY: Any sign that is part of or attached to a canopy, made of fabric, plastic, or
structural protective cover over a door or entrance. A canopy sign is not a marquee and is
different from service area canopy signs. (new sign def)
SIGN, CHANGEABLE COPY: A sign or portion thereof that has a reader board for the
display of text information in which each alphanumeric character, graphic or symbol is
defined by objects not consisting of an illumination device and may be changed or rearranged
manually or mechanically with characters, illustrations, letters or numbers that can be changed
or rearranged without altering the face or surface of the sign structure. (new sign def)
SIGN, CHANGEABLE COPY (ELECTRONIC): A sign or portion thereof that displays
electronic, non-pictorial text information in which each alphanumeric character, graphic, or
symbol is defined by a small number of matrix elements using different combinations of light
emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the
display area. Electronic changeable copy signs include computer programmable,
microprocessor controlled electronic displays. Electronic changeable copy signs include
projected images or messages with these characteristics onto buildings or objects. Electronic
changeable copy signs do not include official signs. Electronic changeable copy signs may
also be dynamic display signs if the definition of dynamic display sign is met. (new sign def)
SIGN, DYNAMIC DISPLAY: Any characteristics of a sign that appear to have movement or
that appear to change, caused by any method other than physically removing and replacing the
sign or its components, whether the apparent movement or change is in the display, the sign
structure or any other component of the sign. This includes displays that incorporate
technology or methods allowing the sign face to change the image without having to
physically or mechanically replace the sign face or its components as well as any rotating,
revolving, moving, flashing, blinking or animated display and any display that incorporates
rotating panels, LED lights manipulated through digital input, digital ink or any other method
or technology that allows the sign face to present a series of images or displays. All dynamic
displays are changeable copy signs, but not all changeable copy signs are dynamic displays.
(new sign def)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 390 City of Monticello Zoning Ordinance
Sign Height
Monument Sign
SIGN, ELECTRONIC GRAPHIC DISPLAY: A sign or portion thereof that displays
electronic, static images, static graphics or static pictures, with or without text information,
defined by a small number of matrix elements using different combinations of light emitting
diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area
where the message change sequence is accomplished immediately or by means of fade,
repixalization or dissolve modes. Electronic graphic display signs include computer
programmable, microprocessor controlled electronic or digital displays. Electronic graphic
display signs include projected images or messages with these characteristics onto buildings or
other objects. (new sign def)
SIGN, FLASHING: A directly or indirectly illuminated sign or portion thereof that exhibits
changing light or color effect by any means, so as to provide intermittent illumination that
changes light intensity in sudden transitory bursts and creates the illusion of
intermittent flashing light by streaming, graphic bursts showing movement, or any
mode of lighting which resembles zooming, twinkling or sparkling. (new sign def)
SIGN, FREESTANDING: Any sign which has supporting framework that is placed
on, or anchored in, the ground and which is independent from any building or other
structure. (new sign def)
SIGN, HEIGHT OF: The height of the sign shall be computed as the vertical
distance measured from the crown of the adjacent street surface at centerline to the
top of the highest attached component of the sign. (new sign def)
SIGN, IDENTIFICATION: Signs in all districts which identify the business or owner, or
manager, or resident, and set forth the address of the premises where the sign is located and
which contain no other material.
SIGN, ILLUMINATED: Any sign which contains an element designed to emanate artificial
light internally or externally. (new sign def)
SIGN, MARQUEE: Any building sign painted, mounted, constructed or attached in any
manner, on a marquee. (new sign def)
SIGN, MONUMENT: Any freestanding sign with its sign face mounted on the ground or
mounted on a base at least as wide as the sign and which has a total height not exceeding
fourteen (14) feet. (new sign def)
Marquee
Sign
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 391
Pylon Signs
Projecting Sign
SIGN, MULTI-VISION: Any sign composed in whole or part of a series of vertical or
horizontal slats or cylinders that are capable of being rotated at intervals so that partial rotation
of the group of slats or cylinders produces a different image and when properly functioning
allows on a single sign structure the display at any given time one (1) of two (2) or more
images. (new sign def)
SIGN, OFF PREMISES: A commercial speech sign which directs the attention of the public
to a business, activity conducted, or product sold or offered at a location not on the same lot
where such sign is located. For purposes of the Sign Ordinance, easements and other
appurtenances shall be considered to be outside such lot and any sign located or proposed to
be located in an easement or other appurtenance shall be considered an off premises sign.
(new sign def)
SIGN, OFFICIAL: Signs of a public noncommercial nature including public notification
signs, safety signs, traffic signs, direction to public facilities when erected by or on behalf of a
public official or employee in the performance of official duty – See also “Public Sign”. (new
sign def)
SIGN, POLE: See definition of Pylon Sign. (new sign def)
SIGN, PORTABLE: Any sign which is manifestly designed to be
transported, including by trailer or on its own wheels, even though the
wheels of such sign may be removed and the remaining chassis or support is
converted to another sign or attached temporarily or permanently to the
ground since this characteristic is based on the design of such a sign. (new
sign def)
SIGN, PROJECTING: Any sign which is affixed to a building or wall in
such a manner that its leading edge extends more than two (2) feet beyond
the surface of such building or wall face. (new sign def)
SIGN, PUBLIC: Any sign posted by a governmental agency of a public, non-
commercial nature, to include signs indicating scenic or historical points of
interest, memorial plaques, and the like, and signs for civic interest groups within
the City of Monticello when signs are erected by or on order of a public officer or
employee in the performance of official duty – See Also “Official Sign”. (new
sign def)
SIGN, PYLON: Any freestanding sign which has its supportive structure(s)
anchored in the ground and which has a sign face elevated above ground level by
pole(s) or beam(s) and with the area below the sign face open. (new sign def)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 392 City of Monticello Zoning Ordinance
Sandwich Board Sign
SIGN, ROOF: Any sign erected and constructed wholly on and above the roof of a building,
supported by the roof structure, and extending vertically above the highest portion of the roof.
(new sign def)
SIGN, ROOF SIGN, INTEGRAL: Any building sign erected or constructed as an integral or
essentially integral part of a normal roof structure of any design, so that no part of the sign
extends vertically above the highest portion of the roof and so that no part of the sign is
separated from the rest of the roof by a space of more than six (6) inches. (new sign def)
SIGN, ROTATING SIGN: A sign or portion of a sign which turns about on an axis. (new sign
def)
SIGN, SANDWICH BOARD: A sign placed near the entrance of a business,
usually on the public or private sidewalk, advertising particular aspects of the
business goods or services. (new sign def)
SIGN, SHIMMERING: A sign which reflects an oscillating sometimes distorted
visual image. (new sign def)
SIGN, SUSPENDED: Any building sign that is suspended from the underside of a
horizontal plane surface and is connected to such surface. (new sign def)
SIGN,TEMPORARY: Any sign which is erected or displayed for a specified
period or time, including, but not limited to, banners, search lights, portable signs,
streamers, pennants, inflatable devices. (new sign def)
SIGN, TIME AND TEMPERATURE: A sign that displays only current time and temperature
information. (new sign def)
SIGN, VIDEO DISPLAY: A sign that changes its message or background in a manner or
method of display characterized by motion or pictorial imagery, which may or may not
include text and depicts action or a special effect to imitate movement, the presentation of
pictorials or graphics displayed in a progression of frames that gives the illusion of motion,
including, but not limited to, the illusion of moving objects, moving patterns or bands of light,
or expanding or contracting shapes, not including electronic changeable copy signs. Video
display signs include projected images or messages with these characteristics onto buildings or
other objects. (new sign def)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 393
Window Signage
SIGN, WALL: Any building sign attached parallel to, but within two (2) feet of a wall,
painted on the wall surface of, or erected and confined within the limits of an outside wall of
any building or structure, which is supported by such wall or building, and which displays
only one (1) sign surface. (new sign def)
SIGN, WINDOW: Any building sign, picture, symbol, or combination thereof,
designed to communicate information about an activity, business, commodity,
event, sale, or service, that is placed inside a window or upon the windowpanes or
glass and is visible from the exterior of the window. (new sign def)
SIGNIFICANT HISTORIC SITE: Any archaeological site, standing structure, or other
property that meets the criteria for eligibility to the National Register of Historic Places or is
listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that
falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these
criteria if it is presently listed on either register or if it is determined to meet the qualifications
for listing after review by the Minnesota state archaeologist or the director of the Minnesota
Historical Society. All unplatted cemeteries are automatically considered to be significant
historic sites.
SPECIAL EVENT: An event which plans for or can reasonably expect to attract more than
100 persons at any one time such as cultural events, musical events, celebrations, festivals,
fairs, carnivals, etc.
SPEECH, COMMERCIAL: Speech advertising a business, profession, commodity, service or
entertainment. (new sign def)
SPEECH, NON-COMMERCIAL: Dissemination of messages not classified as commercial
speech which include, but are not limited to, messages concerning political, religious, social,
ideological, public service and informational topics. (new sign def)
SITE LANDSCAPING: Required vegetative material consisting of trees and shrubs that are
placed on a development site to soften built edges and provide transitions. [See Section
4.1(H)]
SHOPPING CENTER: An integrated grouping of commercial stores under single ownership
or control. See also “RETAIL COMMERCIAL USES”
SLOPE: Means the degree of deviation of surface from the horizontal, usually expressed in
percent or degrees.
SOLAR ENERGY: Radiant energy (direct, diffuse, and reflected) received from the sun.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 394 City of Monticello Zoning Ordinance
SOLAR ENERGY SYSTEM: A set of devices whose primary purpose is to collect solar
energy and convert and store it for useful purposes including heating and cooling buildings or
other energy-using processes, or to produce generated power by means of any combination of
collecting, transferring, or converting solar-generated energy.
SPECIALTY EATING ESTABLISHMENTS: Establishments selling specialty food items
that normally do not constitute a full meal, including but not limited to: ice cream parlors,
dessert cafes, snack shops, juice and coffee houses, and bakeries.
STABILIZATION / STABILIZED: The exposed ground surface has been covered by
appropriate materials such as mulch, staked sod, riprap, wood fiber blanket, or other material
that prevents erosion from occurring. Grass seeding is not stabilization. [33-2]
STABLE: A building in which horses are sheltered; may be accessory to a residential or other
use or a freestanding principal use.
START OF CONSTRUCTION: The first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, excavation and filling; [33-
2]
STEEP SLOPE: Land where agricultural activity or development is either not recommended
or described as poorly suited due to slope steepness and the site’s soil characteristics, as
mapped and described in available county soil surveys or other technical reports, unless
appropriate design and construction techniques and farming practices are used in accordance
with the provisions of this ordinance. Where specific information is not available, steep slopes
are lands having average slopes over 12 percent, as measured over horizontal distances of 50
feet or more, which are not bluffs.
STORM WATER: Defined under Minn. R. 7077.0105, subp. 41(b), and includes
precipitation runoff, storm water runoff, snow melt runoff, and any other surface runoff and
drainage. [33-2]
STORM WATER POLLUTION PREVENTION PROGRAM (SWPPP): A program for
managing and reducing storm water discharge that includes erosion prevention measures and
sediment controls that, when implemented, will decrease soil erosion on a parcel of land and
decrease off-site nonpoint pollution. [33-2]
STORY: [see section 8.2(B)(5)]
STREET FRONTAGE: [see section 8.2(B)(1)(f)]
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 395
Tarp Garage
STRUCTURE: Anything constructed, installed, or portable, the use of which requires a
location on a parcel of land. This includes a fixed or movable building which can be used for
residential, business, commercial, or office purposes, either temporarily or permanently.
"Structure" also includes, but is not limited to, swimming pools, tennis courts, signs, sheds,
docks, and similar accessory construction.
STRUCTURE, PUBLIC: A building or edifice of any kind which is owned or rented, and
operated by a federal, state, or local government agency.
SUBDIVISION: Any real estate, wherever located, improved or unimproved, which is
divided or proposed to be divided for the purpose of sale or lease, including sales or leases of
any timeshare interest, unit in a common interest community, or similar interest in real estate.
SURFACE WATER OR WATERS: All streams, lakes, ponds, marshes, wetlands, reservoirs,
springs, rivers, drainage systems, waterways, watercourses, and irrigation systems whether
natural or artificial, public or private. [33-2]
SURFACE WATER-ORIENTED COMMERCIAL USE: the use of land for commercial
purposes, where access to and use of a surface water feature is an integral part of the normal
conductance of business. Marinas, resorts, and restaurants with transient docking facilities are
examples of such use.
SWIMMING POOL: A structure, whether above or below grade level, designed to
hold water more than 24 inches deep to be used for recreational purposes
TARP GARAGE: A portable or permanently anchored structure defined mainly by a
steel or PVC frame over which a cover made from plastic, tarp, or other similar type
fabrics or materials is placed.
TATTOO, TATTOOING: Any method of placing designs, letters, scrolls, figures,
symbols or any other mark upon, under or in the skin with ink or any other substance resulting
in the coloration of the skin by the aid of needles or any other instruments which puncture any
portion of the skin to any degree.
TELECOMMUNICATION TOWER: Any structure that is designed and constructed
primarily for the purpose of supporting one or more antennas.
TEMPORARY MOBILE CELL SITE: Any mobile tower, pole, or structure located on a
trailer, vehicle, or temporary platform intended primarily for the purpose of mounting an
antenna or similar apparatus for personal wireless services, also commonly referred to as
cellular on wheels (COW).
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 396 City of Monticello Zoning Ordinance
TOP OF BLUFF: The higher point of a 50-foot segment with an average slope exceeding
18 percent.
TOTAL SITE SIGNAGE: The maximum permitted combined area of all signs allowed on a
specific lot. (new sign def)
TOWNHOUSES: Structures housing three (3) or more dwelling units of not more than two
(2) stories each and contiguous to each other only by the sharing of one (1) common wall,
such structures to be of the town or row house type as contrasted to multiple family dwellings
or apartments/condominiums. No single structure shall contain in excess of eight (8) dwelling
units, and each dwelling unit shall have separate and individual front and rear entrance.
TRASH HANDLING AND RECYLCING COLLECTION AREA: Areas designated for the
accumulation, storage and pick-up of refuse and recyclable material associated with multi-
family home sites, civic and institutional uses, office uses, commercial uses, and industrial
uses. This definition does not include trash and recycling containers associated with single
family dwellings, or townhome units which do not utilize a communal location for trash and
recycling.
TREE, CANOPY: A tree that has an expected height at maturity of 30 feet or more.
TREE, ORNAMENTAL: A small tree that has high visual impact typically grown for the
beauty of its foliage and flowers rather than its functional reasons.
TREE, SPECIMEN: Any canopy tree with a DBH of 36 inches or more and any understory or
ornamental tree with a DBH of 10 inches or more that is not exempted as a specimen tree by
this ordinance.
TREE, UNDERSTORY: A tree that has an expected height at maturity of no greater than 30
feet.
TREE SAVE AREA: The area around a specimen tree that extends one linear foot around the
tree’s dripline.
TRASH HANDLING AND RECYCLING COLLECTION AREA: Areas containing large
dumpsters or compactors used to temporarily store trash and recycling materials prior to a
regularly scheduled pick up. Such facilities are typically associated with multi-family
buildings of more than four units, commercial operations and industrial sites.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 397
TRUCK OR FREIGHT TERMINAL: A use where buses, trucks, and cargo are stored, where
loading and unloading is carried on regularly, and where minor maintenance of these types of
vehicles is performed.
UNDERSTORY TREE: A tree that has an expected height at maturity of no greater than 30
feet.
UPLAND: Means all lands at an elevation above the ordinary high water mark.
USE: The purpose or activity for which the land or building thereon is designated, arranged,
or intended, or for which it is occupied, utilized, or maintained, and shall include the
performance of such activity as defined by the performance standards of this ordinance.
UTILITIES – MAJOR: Major utilities shall include the following:
(A) Public infrastructure services providing regional or community-wide service that entail
the construction of new buildings or structures such as waste treatment plants, potable
water treatment plants, solid waste facilities, and electrical substations;
(B) Commercial wind energy conversion systems (public or private).
VARIANCE: The waving by board action of the literal provisions of the zoning ordinance in
instances where their strict enforcement would cause undue hardship because of physical
circumstances unique to the individual property under consideration.
VEGETATION: Means the sum total of plant life in some area, or a plant community with
distinguishable characteristics.
VEGETATION, NATIVE: Any indigenous tree, shrub, ground cover or other plant adapted
to the soil, climatic, and hydrographic conditions occurring on the site.
VEHICLE, EMERGENCY: For the purpose of evaluating vehicles which may be parked in
residential areas, the term emergency vehicle shall include ambulances, police and sheriff’s
department vehicles, fire protection vehicles, emergency towing vehicles, and other law
enforcement vehicles. (new off-road parking definition)
VEHICLE, PASSENGER: A vehicle capable of moving under its own power which is
licensed and operable for use on public roadways, and shall include the following vehicles:
Passenger automobiles, pick-up trucks and sport-utility vehicles of less than 9,000 pounds
gross vehicle weight, pick-up trucks and sport-utility vehicles of between 9,000 pounds and
13,000 pounds with no visible commercial messages, commuter vans of a capacity up to 16
persons, and motorcycles. (new off-road parking definition)
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 398 City of Monticello Zoning Ordinance
VEHICLE, RECREATIONAL: (new off-road parking definition)
(1) A vehicle that is used primarily for recreational or vacation purposes, and which is
licensed and operable for use on public roadways, whether self-propelled, carried
on, or towed behind a self-propelled vehicle.
(2) Operable recreational equipment that is not licensed for used on the public
roadway, but used off-road, such as all-terrain vehicles, boats, off-road
motorcycles, race vehicles, snowmobiles, or similar equipment. Such equipment
shall be properly licensed if the State of Minnesota provides for such licensing.
(3) Licensed, operable trailers which may be used to tow recreational equipment,
whether such trailers are loaded or unloaded, including utility trailers. Where a
trailer is loaded with recreational equipment, such trailer and equipment shall be
considered to be one (1) piece of equipment for the purposes of this section
VEHICLE, LARGE COMMERCIAL: A vehicle used for commercial purposes which is a
semi-tractor and/or semi-trailer, dump truck, or any other commercial vehicle that does not
qualify under the definition of a “Small Commercial Vehicle”. (new off-road parking
definition)
VEHICLE, SMALL COMMERCIAL: A vehicle used primarily for commercial purposes,
including pick-up trucks and sport-utility vehicles larger than 9,000 pounds gross vehicle
weight, but less than 13,000 pounds gross vehicle weight which display a commercial
business message, and all other commercial vans or trucks, regardless of commercial message
which are no greater than any of the following dimensions: 22 feet in length, 8 feet in height,
and 8.5 feet in width. (new off-road parking definition)
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.
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.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 399
VEHICLE SALES OR RENTAL: Establishments primarily engaged in the retail sale of new
and used—in operating condition—automobiles, noncommercial trucks, motor homes,
recreational vehicles or farm machinery; including incidental storage, maintenance, and
servicing.
VEHICLE STORAGE: The act of keeping a recreational or commercial vehicle as defined
herein on a parcel in an eligible storage location for an extended period of time without
regular use, and with proper surfacing or maintenance of the groundcover as required.
VEHICULAR USE AREA LANDSCAPING, INTERIOR: Vegetative material, structures
(walls or fences), berms, and associated ground cover located within the interior of a parking
lot, or other vehicular use area for the purposes of providing visual relief and heat abatement.
[See Section 4.1(F)]
VEHICULAR USE AREA LANDSCAPING, PERIMETER: Vegetative material, structures
(walls or fences), berms, and associated ground cover located around the perimeter of a
parking lot, or other vehicular use area when such areas are adjacent to a street right-of-way or
land in a residential district or residentially developed lands, used property for the purposes of
screening the vehicular use area from off-site views. [See Section 4.1(F)]
VETERINARY FACILITIES – RURAL: An establishment for licensed practitioners engaged
in practicing veterinary medicine, dentistry, or surgery for all animals.
VETERINARY FACILITIES – NEIGHBORHOOD: An establishment for licensed
practitioners engaged in practicing veterinary medicine, dentistry, or surgery for small
household pets only.
VISIBLE: Capable of being seen by a person of normal visual acuity (whether legible or not)
without visual aid. (new sign def)
WALL: Any structure which defines the exterior boundaries or courts of a building or
structure and which has a slope of sixty (60) degrees or greater with the horizontal plane. (new
sign def)
WASTE DISPOSAL & INCINERATION: A use which focuses on the disposal by
abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage,
sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic waste
material of any kind.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 400 City of Monticello Zoning Ordinance
WATER BODY: Means a body of water (lake, pond) in a depression of land or expanded part
of a river, or an enclosed basin that holds water and surrounded by land.
WATER-ORIENTED ACCESORY STRUCTURE OR FACILITY: a small, above ground
building or other improvement, except stairways, fences, docks, and retaining walls, which,
because of the relationship of its use to a surface water feature, reasonably needs to be located
closer to public waters than the normal structure setback. Examples of such structures and
facilities include boathouses, gazebos, screen houses, fish houses, pump houses, and detached
decks.
WATERCOURSE: Means a channel or depression through which water flows such as rivers,
streams, or creeks and may flow year-round or intermittently.
WATERSHED: The area drained by the natural and artificial drainage system bounded
peripherally by a bridge or stretch of high land dividing drainage areas.
WATERWAY: A channel that directs surface runoff to a watercourse or to the public storm
drain. [33-2]
WAYSIDE STAND: A temporary structure or vehicle used for the seasonal retail sale of
agricultural goods produced by the operator of the wayside stand; the stand being clearly a
secondary use of the premises which does not change the character thereof.
WETLANDS:
(A) Lands transitional between terrestrial and aquatic systems where the water table is
usually at or near the surface or the land is covered by shallow water. For purposes of
this ordinance, wetlands must:
(1) Have a predominance of hydric soils;
(2) Be inundated or saturated by surface water or groundwater at a frequency and
duration sufficient to support a prevalence of hydrophytic vegetation typically
adapted for life in saturated soil conditions; and
(3) Under normal circumstances, support a prevalence of hydrophytic vegetation.
(B) "A wetland" or "the wetland" means a distinct hydrologic feature with characteristics of
item A, surrounded by non-wetland and including all contiguous wetland types, except
those connected solely by riverine wetlands. "Wetland area" means a portion of a
wetland or the wetland.
(C) Wetlands does not include public waters wetlands and public waters unless reclassified
as wetlands by the commissioner under Minnesota Statutes, section 103G.201.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
City of Monticello Zoning Ordinance Page 401
(D) The wetland size is the area within its boundary. The boundary must be determined
according to the United States Army Corps of Engineers Wetland Delineation Manual
(January 1987). The wetland type must be determined according to Wetlands of the
United States, (1971 edition). Both documents are incorporated by reference under part
8420.0112, items A and B. The local government unit may seek the advice of the
technical evaluation panel as to the wetland size and type.
WETLANDS, EXCEPTIONAL QUALITY: Exceptional quality wetlands contain an
abundance of different plant species with dominance evenly spread among several species. Such
wetlands may support some rare or unusual plant species. Invasive or exotic plant species are
either absent or limited to small areas where some disturbance has occurred. This higher level
of plant species variety generally provides high wildlife habitat value and may also support
rare wildlife species. The shorelines of exceptional quality wetlands are natural and
unaffected by erosion. These wetlands exhib it no evidence of significant man induced
water level fluctuation. Exceptional quality wetlands provide excellent water quality
protection, high aesthetic quality, and provide excellent opportunities for educational and
scientific activities within the community.
WETLANDS, HIGH QUALITY: High quality wetlands are still generally in their natural
state and tend to show less evidence of adverse effects of surrounding land uses. Exotic and
invasive plant species may be present and species dominance may not be evenly
distributed among several species, however, a minimum of twenty (20) different species can
be found within the basin. There tends to be little evidence of water level fluctuation due
to storms and their shorelines are stable with little evidence of erosion. The combination of
these factors result in these wetlands being judged as providing a greater level of water
quality protection and significantly better wildlife habitat. They show little if any evidence
of human influences and their greater levels of species variety, wildlife habitat and ecological
stability results in higher aesthetic quality. These characteristics also offer opportunities for
educational or scientific value to the community.
WETLANDS, LOW QUALITY: Wetlands included in this category have been
substantially altered by agricultural or urban development that caused over nutrification,
soil erosion, sedimentation and water quality degradation. As a result of these factors, these
wetlands exhibit low levels of plant species and a related reduction in the quality of
wildlife habitat. These wetlands may also tend to exhibit extreme water level fluctuations in
response to storms and show evidence of shoreline erosion. While these wetlands do provide
for water quality and serve an important role in protecting water quality downstream,
the combination of these characteristics cause these wetlands to provide low levels of water
quality protection and to have poor aesthetic quality. They often exhibit evidence of significant
human influences and they are deemed to be of little educational or scientific value to the
community.
CHAPTER 8: RULES & DEFINITIONS
Section 8.4 Definitions
Subsection (B) Lots
Page 402 City of Monticello Zoning Ordinance
WETLANDS, MEDIUM QUALITY: Medium quality wetlands have a slightly higher
number of plant species present than low quality wetlands, often with small pockets of
indigenous species within larger areas dominated by invasive or exotic species. Their
relatively greater species variety results in slightly better wildlife habitat. They exhibit
evidence of relatively less fluctuation in water level in response to storms and less evidence of
shoreline erosion. As a result of these characteristics, these wetlands provide somewhat better
water quality protection. They also exhibit relatively less evidence of human influences and
therefore, tend to be of a higher aesthetic quality. These wetlands are still judged to be of
limited educational or scientific value to the community.
WETLAND BUFFER: An area of non-disturbed ground cover abutting a wetland left
undisturbed to filter sediment, materials, and chemicals.
WHOLESALE SALES: Establishments or places of business primarily engaged in selling
merchandise to retailers; to industrial, commercial, institutional, or professional business
users; or to other wholesalers. Wholesale establishment does not include contractor’s
materials or office or retail sales of business supplies/office equipment.
WILDLIFE: All free living animals.
WIND ENERGY CONVERSION SYSTEM (WECS): A wind-driven machine that converts
wind energy into electrical power for the primary purpose of resale or off-site use
WRECKER SERVICE: An establishment operated for the purpose of temporary storage on-
site of no more than nine wrecked or inoperable vehicles for a period no longer than 90 days.
If an establishment has 10 or more inoperable vehicles located on-site, stores inoperable
vehicles for more than 90 days, stacks vehicles top to bottom, or portions of the vehicles are
dismantled or removed for sale, it shall be considered a junkyard.
YARD [see Section 8.2(B)(3)(a)]
YARD Related Definitions (e.g. front yard, corner yard, side yard, etc): [see section
8.2(B)(3)(a)(vi)]
County Hwy 75
Chelsea Rd
State Hwy 25
85th St NE
90th St N E
Linn St
Pine St
7th St
School Blvd
Riverview Dr
Cedar St
W River St
M
a
r
vi
n
R
d
Jason Ave
Dundas Rd
W Broadway St
Hart Blvd
Country La
Haug Ave NE
Elm St
W 4th St
Fenning Ave NE
Oakwook Dr
Mal lar d La
95th St NE
Fallon Ave NE
Edmonson Ave NE
Mississippi Dr
5th St
Country Club Rd
Sandberg Rd
Pe
li
ca
n
L
a
Fa lco n Dr
Fenning Ave
Walnut St
Oak Ridge Dr
Oriole La
Club View Rd
Broadway St
Hillcrest Rd
E River St
Headman La
Mill
Tr
ail
L
a
Falcon Ave NE
Wright StBenton St
Elwood Rd
Ramsey St
6th St
River Mill Dr
Wildwood Way
Hilltop Dr
Mill Run Rd
O a k V ie w L a
Farmstead Ave
Martin Dr
4th St E
3rd St E
Red Rock La
Gillard Ave NE
Maple St
Fallon Dr
Willow St
View La E
Grey Stone Ave
Marvin Elwood Rd
Fieldcrest Cir
Fairway Dr
Jason Ave NE
Vine St
M e a d o w L a
Jerry Liefert Dr
Praire Rd
Starling Dr
Palm St
Unknown or No Streetname
Fallon Ave
Golf Course Rd
Falcon Ave
Kevin Longley Dr
Craig La
Red O
ak
L
a
Front St
5th St W
Thomas Park Dr
Locust St
Mo c kingbird La
W 3rd St
Eastwood Cir
Briar Oaks Blvd
F
a
r
m
ste
a
d
D
r
Henipin St
Ei
d
er
La
Dayton St
Oak La
River Forest Dr
Meadow Oak Ave
Kampa Cir
Oa
k
Ri
d
g
e
C
ir
Mill Ct
Riv er Ridge La
Garrison Ave
Oakview Ct
Dundas Cir
Kenneth La
Otter Creek Rd
Minnesota St
Eagle Cir
Crocus La
Meadow Oak La
Stone Ridge Dr
Chestnut St
12 0 t h S t N E
Darrow Ave NE
Diamond Dr
Pebble B rook D r
Widgeon La
Washington St
Bunker Cir
Homestead Dr
Thomas Cir
En
d
ic
o
tt T
r
Center Cir
Oak View Cir
Sandtrap Cir
Country Cir
Cheyen Ct
Old Territoral Rd
Tanager Cir
Hillcrest Cir
Osprey Ct
Acorn Cir
Balboul Cir
Sw
allo
w
C
ir
Riv er sid e C ir
Meadow Oak Ct
Matthew Cir
E Oak Dr
St o n e R id g e C ir
Oakwood Dr
Meadow Oak Ave NE County Hwy 75
Hart Blvd
Marvin Rd
Marvin Rd
Wright St
90th St NE
Cedar St
Minnesota St
PROPOSED (DRAFT)City of MonticelloZoning Classifications
³
Zoning Districts
A-O
R-1
R-2
R-3
R-PUD
B-1
B-2
B-3
B-4
CCD
I-1
I-2
R-A (formerly R-1A)
T-N (formerly R-2A)
I-BC (formerly I1-A)
M-H (formerly R-4)
Other
Mississippi Wild, Scenic & Rec Overlay District
Overlay Districts
CCD Residential Overlay District
!
!!
!
!!
12-30-10
Performance Based Overlay District
!
!!
!
!!
Water
CouncilAgenda:1/10/11
1
8.Considerationofapprovingannualappointmentsanddesignationsfor2011
(JO/CS)
A.REFERENCEANDBACKGROUND:
MinnesotaStatutesrequirethatatthefirstmeetingofeachyear,certainappointmentsbe
made.Attachedyouwillfindalistoftherequiredappointmentsthatmaybeapprovedin
eitheronesinglemotionorseparately.Thenamesinboldprintaretheoneswhoseterms
expiredinDecember.CityCouncilmemberassignmentsnotedas“proposed”were
suggestedbyMayorHerbst.Inadditiontotheannualappointments,individualCouncil
membershavebeenappointedasliaisonmemberswithvariouscommitteesand
commissions.TheMayorandCouncilmaywanttodiscusswhetheranyappointmentsor
assignmentsshouldbechanged.
PleasenotethataCouncilrepresentativetothe“EmbraceDowntown”studycommittee
hasnotyetbeenidentified.Also,staffisproposingacommitteebeestablishedtostudy
optionsforenhancingMCCenergyefficiencyandformakingnecessarymodificationsto
thebuildingstructuretoassureitsconstructionintegrityovertime.
APPOINTMENTS/ASSIGNMENTS:
a.CityDepositories:TheCityutilizesonebanktoprovidebankingserviceforthe
CitywhichisWellsFargo.Inaddition,underMinnesotaStatutes239,theChief
FinancialOfficerhasalsobeendesignatedtheauthoritytonameotherofficial
depositoriesforthepurposeofinvestments.Themotionincludesthe
authorizationfortheFinanceDirectortodesignateotherdepositorieswhen
necessaryforinvestmentpurposesonly.
b.OfficialNewspaper:InthepasttheMonticelloTimeshasbeendesignatedasthe
officialpaper.TheTimessentalettertotheCityrequestingdesignationagainfor
2011.
c.HealthOfficer:InthepasttheCityhasappointedtheRiverPlaceClinic,Inc.in
thiscapacity.
d.InsuranceAgent:For2010,theCityhaddesignatedFoster,Carlson&White
Agencyasourinsuranceagent.Newowner,TonyVelishek,recentlychangedthe
firmtoApolloAgency.ItisrecommendedthatApolloAgencybedesignatedas
theCity’sinsuranceagentfor2011.
e.ActingMayor:In2007,BrianStumpfwasappointedasActingMayortoservein
theabsenceoftheMayoranditisproposedthathebeappointedtothisposition
again.
f.RepresentativestoOtherMulti-JurisdictionalBodies:Thisappointmentisfor
selectingtheCityrepresentativestoserveontheCommunityEducationAdvisory
CouncilAgenda:1/10/11
2
Board andtheOrderlyAnnexationBoard.Aspartoftheorderlyannexation
agreement,theOrderlyAnnexationBoardwascreatedtohandlezoningandland
useissuesintheareacoveredbytheannexationagreement.Memberstothe
OOABoardareappointedforoneyearwithClintHerbstandBrianStumpf
proposedtoserveagainin2011astheCity’srepresentatives.Itisproposedthat
LloydHilgartbeappointedtotheCommunityEducationAdvisoryBoard.
g.PlanningCommission:ThetermofCharlotteGablerexpiredDecember31st and
shehasindicatedwillingnesstoserveanothertermtotheendof2013.Lloyd
HilgartisproposedtoserveastheCouncilLiaisontothePlanningCommission.
h.ParksCommission:Currently,therearetwovacanciesontheParksCommission
withtermsthatexpireattheendof2010.TheCityisintheprocessofseeking
applicantsforthepositions.Whenapplicantsareselected,theappointmentfor
thosepositionswillcomebacktotheCouncilforapprovalfora3-yearterm.
BrianStumpfisproposedtoserveagainin2011asCouncilliaison.
i.PoliceAdvisoryCommission:ThetermofBradFylewasupattheendofthe
yearandheiswillingtoserveanothertermtoendin2013.BrianStumpfis
proposedtoserveasLiaisonin2011withGlenPosustaservingasCouncil
alternate.
j.LibraryBoard:ThetermofSandraLommelexpiredattheendoftheyear.She
iswillingtoserveanothertermtoendin2013.LloydHilgartisproposedtoserve
asCouncilLiaison.
k.MCCAdvisoryBoard:ThetermofDarrenPaumenexpiredinDecemberandhe
wouldliketoserveanothertermtoendin2013.CouncilliaisonisClintHerbst,
whoiswillingtobereappointed.IfCouncilstilldesirestonameanalternateto
thisBoard,itisproposedtoappointLloydHilgart.
l.EconomicDevelopmentAuthority:TracyHinz’termisupandsheiswillingto
serveanewterm,whichwouldrunfor3yearsendingin2013.The1-yearterm
ofDanFrieexpiredinDecemberandhehasresignedfromtheEDA.Tom
PerraultandBrianStumpfareproposedforappointmentasCouncil
representatives.
m.IEDC:ThetermsofZonaGutzwiller,WayneElamandDonRobertsexpiredat
theendoftheyear.Theyareallwillingtoserveanother3-yeartermendingin
2013.ItshouldbenotedthatMarshallSmithwillberesigningfromhisposition.
Also,JoniPawelkisrecommendedforappointmenttoa3-yearterm,tobe
approvedwiththeconsentagenda.GlenPosustaandClintHerbstareproposedto
serveasCouncilliaisons.
n.FiberNetAdvisoryBoard:TheAdvisoryBoardwascreatedbyordinanceinApril
of2008.ThefollowingthreepeoplewereappointedtotheBoardinMayof2005:
CouncilAgenda:1/10/11
3
RoxaneBakula(4yrterm),JonMorphew(3yrterm)andWayneNehrenz(2yr
term).RoxaneBakulahasbeenreplacedbyWayneMayer(expires2013)and
WayneNehrenzhasbeenreplacedbyDennisSullivan(expires2011).Noterms
areupforrenewalthisyear.Councilrepresentativesproposedforserviceinclude
ClintHerbstandGlenPosusta.
o.FireReliefAssociationTrustees:Theby-lawsoftheReliefAssociation,based
onMNStatute424A.04,callforuptothreecityofficialstobeappointedas
trustees:anelectedofficial(Mayor),anappointedorelectedofficial(Clerk/City
Administrator),andFireChieftoserveasmembersoftheBoardofTrustees.
Currently,therecommendationistoappointMayorHerbst,JeffO’Neill,Tom
KellyandSteveJoergastrustees.TheCouncilcanaffirmtheseappointmentsor
assigntoanotherCouncilmemberorstaffmember.
p.EmbracingDowntown:Thisstudywasauthorizedin2010.Itisrequestedthata
memberoftheCityCouncilserveasarepresentativeonthestudycommitteefor
2011.ACouncilrepresentativehasnotyetbeenidentified.
DESIGNATIONS:
Thefollowingdesignationsarenotrequiredtobemadeannuallybystatute,buteachof
themperformsservicesonanas-neededbasisfortheCity.Theconsultingfirmsand/or
individualsarelistedbelowandcanbeindividuallydiscussedbytheCouncilifdesired.
1.CityAttorney:ThefirmofCampbellKnutsonhasservedastheCity’sgeneral
legalcounselwithJoelJamnikbeingtheprimaryattorneyforMonticello.It
shouldbenotedthatthefirmofCampbellKnutsoniskeepingtheirfeesthesame
asshownintheattachedletter.ByapprovingCampbellKnutsonastheCity
Attorney,theproposedcontractwouldalsobeapproved.
TheCityhasalsousedtheservicesofotherlegalfirmssuchasFlahertyHoodfor
morespecializedareassuchasannexationandnuclearwastestorage;Frank
MaddenandAssociatesforanumberofpersonnelrelatedissues;andKimKozar
onissuesrelatingtothewastewatertreatmentplant.
2.CityAuditor:In2007,theFinanceDepartmentsentoutRFP’sforauditservices
andtheCouncilapprovedacontractwithMMKRforauditingthefiscalyears
2007through2009.Cityfinancestaffwillbeevaluatingauditservicesin2011
forfutureyears.ItisrecommendedtoretainMMKRforthe2010audit.
3.ConsultingEngineer:CurrentlyWSB&AssociatesservesastheCity’s
consultingengineer.InalettertotheCity,WSBproposestokeepitsfee
structurethesamefor2011.ItisrecommendedtocontinueusingWSBasthe
City’sconsultingengineeronprojects,asneeded.
CouncilAgenda:1/10/11
4
TheCityhasusedotherconsultingfirmsforspecificprojectssuchasBolton
MenkforthebiosolidsdryingsystemandBonestrooRoseneAnderlik&
Associatesforthewatertower.
4.CityPlanner:NorthwestAssociatedConsultantshasservedastheCityPlanner
foranumberofyears.WiththeapprovaloftheZoningOrdinancerevisioninfall
of2009,theCityauthorizeduseofNACforday-to-dayplanningconsultation
during2010.For2011,NAC’sratesremainflatforCityservices.Itis
recommendedthatNACcontinuetoservetheCityonday-to-dayplanning
matters.ItisfurtherrecommendedthatatthecompletionoftheZoning
Ordinancerevision,theCityagainreviewplanningconsultationservicesasa
whole.
5.FinancialConsultants:TheCitydesignatedEhlersandAssociatesasitsprimary
financialadvisoranditissuggestedthattheCitycontinuewithEhlersand
Associates.Ehlers&AssociateshasnotifiedtheCitythatnofeeswillbe
increasedfor2011.ItshouldbenotedthattheCitydoesutilizetheservicesof
otherfinancialconsultantsontheFiberNetproject.
6.OtherAd-hocCommitteeandAssociationassignments:Pleasereviewthe
attachedmeetingmatrixshowingtheline-upnotedaboveplusassignments
pertainingtootherad-hoccommitteescurrentlyorganizedtoaddresscurrentand
ongoingissuesandtopics.
B.ALTERNATIVEACTION:
1.Motionapprovingappointmentsanddesignationsfor2011aslistedorwith
modifications,ifany.
C.SUPPORTINGDATA:
MeetingMatrixspreadsheetshowingCouncilandstaffmeetingresponsibilities
Listofproposedappointmentsanddesignationsfor2011
LettersfromCampbellKnutson,WSB,andMonticelloTimes
Meeting Summary of Council, Commission, & Subcommittee Assignments and associated estimate of total meetings
Proposed 2011 City Council Staff Liaison = Lead Staff Person or High Priority
Projected Clint Tom Brian Lloyd Glen None City Finance Assist Comm Econ City Public HR Deputy MCC Parks Building Fire PW
and Past Herbst Perrault Stumpf Hilgart Posusta or Admin Director Finance Dev Dir Dev Dir Engineer Works Mgr Clerk/ProjDirector Supt Official Chief Secy
Varies Director Director Coord
City Council and Commissions Established by Ordinance
City Council - Regular Meetings 24 24 24 24 24 24 24 24 0 24 24 24 24 6 24 24 12 24
City Council - Special Mtngs 12 12 12 12 12 12 24 12 12 12 12 12 12 12 12 12
Planning Commission 14 14 6 0 14 3 3 0 0 3 18
EDA 14 14 14 7 14 7 14 2 2
IEDC (Industrial and Econ Dev Committee)12 12 12 6 2 8 12
Parks Commission 4 4 1 2 1 2 4 4
MCC Advisory 12 12 12 1 1 1 12 3
FiberNet Advisory Board (Projected)12 12 12 10 2 1 1 2
Police Advisory Comm - Random Schedule 4 4 4 2 4
Monticello Orderly Annexation Board 6 6 6 2 6
Library 4 4 4
Fire Relief Association 1 1 1 1 1
Sub Total 119 79 50 64 66 64 4 84 56 75 66 48 36 6 36 50 34 56 1 4
Advisory Committees - Councilmember assigned
MBL Trans Coalition (should restart 2011)3 3 3 6 2 6 2
YMCA Advisory Committee 10 10 10 6 4 10 10
YMCA - Passive Park Area Committee 6 2
YMCA - Athletic Fields Committee 6 6 6
Personnel Committee (Union Negotiations Team)14 14 14 14 14 14
Wastewater Treatment Facility Planning 2 2 2 2
Well Head Protection Committee 2 2 3 3
Emergency Planning (Xcel)2 3 2 3 ?
Emergency Planning - County 2 2 3 ?
MCC Energy Efficiency/Rehab Committee (Proposed)4 TBD TBD TBD TBD TBD 2 4 4
Xcel Public Relations Meetings 4 4 4 2 2
Embracing Downtown 5 TBD TBD TBD TBD TBD 5 5 5
Community Education Advisory Board 3 3 3
Subtotal 63 27 11 0 10 24 0 43 20 2 17 5 11 9 14 0 7 16 10 0 0
Other Committes or Agencies - Mostly staff
Wright County Mayor's Association 4 4
Coalition of Utility Cities 4 4 2
MACTA (Mn Assoc of Cmnty Tlcom Advisors)12 12
National Association of Telecommun Advisors (member)1 1
Chamber of Commerce (Board)12 3 3 12
Chamber of Commerce (Governmental Affairs)6 3 6 6
Wright Sherburne Cable Commission 4 1 4
Govt Finance Officers 4 4 4
Wright County Econ Dev Prtnrship (Withdraw 2011)0 0 0 0 0
I-94 West Transportation Coalition 4 1 1 4 1 1 4
EDAM (New)12 12
Business Retention - Program 12 12
Business Retention - Industry Visits 12 12 12
Wright County Adminstrators 12 12
Minnesota Parks and Recreation Assoc 4 4
Facilities Group 4 4
Safety Committee 4 4
Building Associations 4 6
Subtotal 115 17 0 0 1 0 0 52 6 4 10 43 4 0 4 4 8 0 6 0
Grand Total 297 123 61 64 77 88 4 179 82 6 102 114 63 45 24 40 65 50 72 1 4
Please note that meeting totals and associated staff attendance are estimated.
Official Depositories:Wells Fargo
(Chief Financial Officer - authorized to designate other
depositories for investment purposes only)
Official Newspaper:Monticello Times
Health Officer: (1 yr)River Place Physician Clinic
Insurance Agent: (1 yr)Apollo Agency
Acting Mayor: (1 yr)Brian Stumpf
Joint Commissions:
Community Education Lloyd Hilgart
Joint Planning Board (Annexation area)Clint Herbst & Brian Stumpf
Attorney:Campbell Knutson
Planner:Northwest Associated Consultants (Steve Grittman)
Auditor:MMKR
Consulting Engineer:WSB & Associates
Financial Consultant:Ehlers & Associates, Inc
COMMISSIONS/BOARDS NAME TERM EXPIRES NEW TERM
Planning Commission Rod Dragsten 3 yr 12/2011
(3-year staggered terms)Barry Voight 3 yr 12/2011
William Spartz 3 yr 12/2012
vacant 3 yr 12/2010 *was Lloyd Hilgart
Charlotte Gabler 3 yr 12/2010 12/31/2013 *recommended by Planning Comm
Lloyd Hilgart Council
Parks Commission Larry Nolan 3 yr 12/2011
(3-year staggered terms)Nancy McCaffrey 3 yr 12/2011
Gene Emanuel 3 yr 12/2012
vacant 3 yr 12/2010
vacant 3 yr 12/2010
Brian Stumpf Council
Police Advisory Commission Chuck Fradella 3 yr 12/2011
(3-year staggered terms gen members)Jason Roubinek 3 yr 12/2012
Leila McCarty 3 yr 12/2012
Brad Fyle 3 yr 12/2010 12/31/2013 *recommended by Police Comm
Brian Stumpf Council
Glen Posusta Council Alt
Library Board Ralph Olsen 3 yr 12/2011
(3-year staggered terms)Maribel Cruz Longley 3 yr 12/2011
Beth Metzger 3 yr 12/2012
Janet Bridgland 3 yr 12/2012
Sandra Lommel 3 yr 12/2010 12/31/2013 *recommended by Library Board
Lloyd Hilgart Council
2011 ANNUAL APPOINTMENTS (proposed)
2011 ANNUAL APPOINTMENTS (proposed)
MCC Advisory Board Jennifer Bethke 3 yr 12/2011
(3-year staggered terms)Ron Broekemeier 3 yr 12/2012
Sandra Theros 3 yr 12/2012
Darren Paumen 3 yr 12/2010 12/31/2013 *recommended by MCC Advisory
Clint Herbst Council
Lloyd Hilgart Council Alt
Economic Development Authority Dan Frie 1 yr 12/2010 (resigned)
(6-year staggered terms)Bill Tapper 6 yr 12/2015
Tracy Hinz 3 yr 12/2010 12/31/2013 *recommended by ED Director
Bill Fair 4 yr 12/2011
Bill Demeules 5 yr 12/2012
Tom Perrault Council
Brian Stumpf Council
IEDC:Bill Tapper 3 yr 2011
(3-year staggered terms)Elaine DeWenter 3 yr 2011
Patrick Thompson 3 yr 2011
Rich Harris 3 yr 2012
Dick Van Allen 3 yr 2012
Dan Olson 3 yr 2012
Marshall Smith 3 yr 2012
Chris Kruse 3 yr 2012
Wes Olson 3 yr 2012
Luke Dahlheimer 3 yr 2012
Adam Stolpestad 3 yr 2012
Joni Pawelk 3 yr 2013 (pending - consent agenda)
Zona Gutzwiller 3 yr 2010 12/31/2013
Wayne Elam 3 yr 2010 12/31/2013 *recommended by IEDC
Don Roberts 3 yr 2010 12/31/2013
Glen Posusta Council
Clint Herbst Council
Sandy Suchy Chamber
FiberNet Advisory Board Wayne Mayer 4 yr 12/2013
(5-year staggered terms)Jon Morphew 3 yr 12/2012
Dennis Sullivan 2 yr 12/2011
Clint Herbst Council
Glen Posusta Council
Fire Relief Board of Trustees Jeff O'Neill Staff 12/2011
(annual)Tom Kelly Staff 12/2011 *recommended
Clint Herbst Council 12/2011
Steve Joerg Fire Chief 12/2011 (required)
Council Liaison (ex-officio) appointments to City commissions and committees:
2010 Liaison 2011 Liaison - Proposed
Planning Commission Susie Wojchouski Lloyd Hilgart
Parks Commission Brian Stumpf Brian Stumpf
Police Commission Stumpf (Posusta, alt.)Stumpf (Posusta, alt.)
Library Board Susie Wojchouski Lloyd Hilgart
MCC Advisory Board Clint Herbst (Wojchouski)Clint Herbst (Hilgart, alt.)
EDA Stumpf & Perrault Stumpf & Perrault
IEDC Herbst & Posusta Herbst & Posusta
FiberNet Advisory Board Herbst & Posusta Herbst & Posusta
Fire Relief Board of Trustees Clint Herbst Clint Herbst
Personnel Committee Herbst & Posusta Herbst & Posusta
Wellhead Protection Tom Perrault Tom Perrault
WWTF Planning Tom Perrault Tom Perrault
Emergency Planning - Xcel Perrault & Herbst Perrault & Herbst
Emergency Planning - County Tom Perrault Tom Perrault
Xcel Public Relations Susie Wojchouski Lloyd Hilgart
YMCA Advisory Board Herbst & Posusta Herbst & Posusta
Zoning Ordinance Revision Posusta & Wojchouski Posusta & Hilgart
M-BL Transportation Coalition Perrault & Wojchouski Perrault & Hilgart
Wright County Mayor's Assn Clint Herbst Clint Herbst
I-94 West Transportation Coalition Herbst & Wojchouski Herbst & Hilgart
Higher Ed Subcommittee Susie Wojchouski Lloyd Hilgart
Embracing Downtown Subcommittee (new)??
CityCouncilAgenda:01/10/11
1
9.ConsiderationofauthorizingfundingshareofcosttoconductappraisalofYMCA
propertyidentifiedforacquisitioninconjunctionwithBertramChainofLakes
RegionalParkdevelopment (JO)
A.REFERENCEANDBACKGROUND:
Asyouknow,since2008,theCity,CountyandStatehavepurchasedasignificantshare
oflandattheYMCAinaccordancewithapurchasearrangementestablishedwiththe
YMCAafewyearsago.Unlessdirectedotherwise,staffwillcontinuetoseekfunding
sourcesnecessarytoacquirethepropertyby2013asoriginallyplanned.Criticaltothe
fundingprogramisStateofMinnesotaparticipationviavariousgrantopportunities.In
orderforfundingtobeavailablefromStatesources,documentationofcostforland
purchasedmustbeverifiededbyanup-to-dateappraisal.Also,thepurchaseagreement
withtheYMCAidentifiessegmentsforpurchasetobecompletedovertime;however,
segmentationpatternsmayneedtochangebecauseeachsegmenthasadifferentvalue
dependingonthelevelofwaterfrontthateachsegmentpossesses.Thus,thegoalofthe
appraisalistoidentifythecurrentvalueofthelandandtoprovideinformationthatcould
potentiallybeusedtochangealignmentofsegmentstobepurchasedsuchthateach
segmenthassimilarvalueonaperacrebasis.Thisalteration,distributinglakefrontage
moreconsistentlyacrosssegmentsproposedforpurchase,willmakethemeligiblefor
grantfunding.Additionally,theappraisal/valueinformationiscrucialtoassuretheState
ofMinnesotathatthegrantfundsarepayingforlandattheappraisedvalue.
A1.BudgetImpact:Thetotalcostoftheappraisalis$7,500.TheYMCA,asseller,
ispayingforhalfthecostandtheremaininghalfissplitbetweentheCityand
CountyresultinginaCityshareof$1,875.Thisexpensehasnotbeenidentified
inthebudget.ItisproposedbytheFinanceDirectorthattheCitysharebepaid
fromtheconsolidatedbondfund.
A2.StaffWorkloadImpact:None
B.ALTERNATIVEACTIONS:
1.Motiontoapprovefundingone-fourthofthecosttoconductanappraisalonthe
YMCApropertyatacostof$1,875.
2.Motiontodenyfundingforaportionofthecosttoconductanappraisalonthe
YMCAproperty.
C.STAFFRECOMMENDATION:
UnlesstheCityCouncildesirestochangedirectionwithregardstothisproject,staff
recommendsAlternative#1.
D.SUPPORTINGDATA:
None