Planning Commission Agenda 01-04-2011
AGENDA
MONTICELLO PLANNING COMMISSION
Tuesday, January 4th, 2011
6:00 PM
Mississippi Room, Monticello Community Center
Commissioners: Rod Dragsten, Charlotte Gabler, William Spartz, and Barry Voight
Council Liaison: To Be Named
Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman – NAC,
Ben Gozola - MFRA
1. Call to order.
2. Consideration to approve the Planning Commission minutes of December 7th, 2010.
3. Citizen Comments.
4. Consideration of adding items to the agenda.
5. Consideration of a Conditional Use Permit for Planned Unit Development for Towne Centre
Signage Plan (Action Tabled from December 7th, 2010)
6. Public Hearing - Consideration to adopt an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance (Chapters 5-8) and consideration to adopt an amendment
to the City of Monticello Official Zoning Map.
7. Consideration to complete an annual review of the 2008 Monticello Comprehensive Plan.
8. Consideration to review applications for open Planning Commission position.
9. Adjourn.
Planning Commission Minutes — 12/7/10
MINUTES
MONTICELLO PLANNING cCOMIM RSSION
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 theagenda.
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
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
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Planning Commission Minutes — 12/7/10
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
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Planning Commission Minutes — 12/7/10
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 CON0AUNITY 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 4.2bl.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 4.30 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
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Planning Commission Minutes — 12/7/10
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
minimising 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.
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Planning Commission Minutes — 12/7/10
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 IIA &B AS ITEM 12 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.
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Planning Commission Minutes — 12/7/10
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 16''. 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 31 st 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. Communi1y 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
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Planning Commission Minutes — 12/7/10
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 added to theagenda
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
Planning Commission Agenda: 01/04/11
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5. Consideration of a request for a Conditional Use Permit for a Planned Unit
Development for the Towne Centre Signage Plan. Applicant: Bullseye Properties/Silver
Creek Development (Tabled from 12/7/10). (NAC)
A. REFERENCE AND BACKGROUND:
This item was tabled from the Planning Commission meeting of December 7th, 2010.
The public hearing was closed on the item.
In tabling the request, the Planning Commission requested the following information be
provided for review at the January meeting:
Additional sign design detail for the proposed “box-cabinet” style signs, including
information on specifications and materials.
Final design details for the proposed free-standing monument, including desired
height and width.
Clear understanding of intent regarding a reader board within the monument
sign versus the desire for temporary signage. If a reader board is desired,
provide style and dimensions.
Clear understanding of control of all temporary signage on-site.
Any materials provided by the applicant in response to the above request have now been
included as supporting data with this report.
The staff report from the original hearing item is provided for reference below.
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 amendment
creates 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.
Since the time of the approval of Towne Centre, the City has updated and revised its sign
regulations, adding flexibility and sign allowances to the code. Current regulations provide
for the following:
Sandwich Board signs (without the requirement for separate permit) near the
entrances of individual commercial enterprises, in addition to other allowed signage
(such sandwich boards were not commonly allowed).
Permanent changeable copy signs of up to 50 square feet in addition to the
otherwise allowable sign area in exchange for forgoing limited display of temporary
signage on the property (previous code incorporated such signs into the maximum sign
area for the property).
Planning Commission Agenda: 01/04/11
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If no changeable copy sign is used, temporary signs equaling one 32 square
foot sign per building for up to 40 days per year per sign (previous code limited such
signs to one per parcel).
One additional temporary sign period of up to 40 days for first-time business
opening events (added to temporary sign allowances).
Total sign area equal to 15% of building façade for up to two frontages.
One freestanding sign of up to 100 square feet and 22 feet in height (subject to
other CCD area standards) – these standards were made uniform throughout
commercial districts for such signs.
The freestanding sign of 100 square feet would be exempted from the overall
site sign area allowance if such sign was constructed as a monument style sign (this
new clause increases the potential site signage by allowance the 15% to be applied to
the wall signage on the building without deduction for the freestanding sign size).
Allowance for multiple wall signs on multi-tenant buildings, removing the
previous cap on number of wall signs.
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.
The current application proposes the following sign provisions:
a. 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. As noted above, current regulations allow 100 total square feet of
freestanding sign area with a maximum height of 22 feet.
b. 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.
c. 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.
d. One additional aspect of this particular freestanding sign request is that the
sign itself does not sit on the applicant’s property. The location of the existing sign
appears to be on property owned by the City as part of its municipal liquor store.
Thus, the PUD request incorporates the assumption that the freestanding sign allowed
by code for the Towne Centre site being accommodate through an off-site sign in the
current location.
Planning Commission Agenda: 01/04/11
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As a Planned Unit Development, there is no requirement for a hardship finding as would
be for a variance request. Instead, PUD requires that the City makes a finding that the
variation, or flexibility granted, from the general zoning standards is done to achieve the
PUD objective of enhanced project quality and design, and that the unique design aspects
of the project that are offered beyond the basic standards “offset” the variations being
sought.
To construct a sign that meets the area requirements of the sign ordinance would reduce
the newly proposed tenant sign area from 120 square feet to 90 square feet (a total of 100
square feet when included with the “Towne Centre” identification on the existing
monument). This would be a new structure of 7.5 feet in height by the proposed 12 feet in
width.
Reducing the overall height by this amount would have an additional advantage – it would
help preserve views of the City’s Liquor Store sign which sits in the northwest corner of
the same site. There has been concern that permitting a taller sign for the Towne Centre
facility would interfere with view of the City’s sign for south-bound traffic on Highway
25. The two signs are just 140 feet apart from each other.
With regard to the temporary sign duration, staff would not encourage this provision for a
number of reasons. As noted previously, the temporary sign allowances were increased to
accommodate multiple building complexes such as this, and the code further provides for
a 50 square foot permanent changeable copy sign that can be both larger than the 32
square foot allowance for temporary signs, and can be displayed year-round. These
changes were made to the code in response to a general request for additional temporary
messaging. Altering the allowances under this PUD would be inconsistent with the
standards applied to other property owners.
Moreover, creating variable temporary sign standards on a case by case basis would make
code enforcement and sign management very burdensome for staff charged with issuing
and monitoring such signs. This becomes an ongoing issue that erodes available staff time
spent on more productive matters, a direct cost to the City.
However, providing an allowance that either of the two allowed temporary signs could be
displayed along the Highway 25 exposure would be consistent with the way the City
views Planned Unit Development, and should grant some additional opportunities for
exposure to Walnut Street tenants.
It should be noted that the applicants suggest that additional temporary sign allowances
should be granted, in part, since portions of the building have been subdivided under the
State’s condominium rules to create ownership spaces, rather than rented suites. The
condominium rules do not involve municipal subdivision regulations or review, and as
such, do not create separate “buildings” as addressed in the City’s code. Staff would not
recommend using this rationale to consider additional temporary sign allowances.
Planning Commission Agenda: 01/04/11
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With regard to the design modifications related to cabinet-style sign construction, the
Planning Commission and City Council should consider whether such an allowance
would compromise its objectives for business identity in the CCD area. Various
communities address these types of signs in many ways, including prohibition, full
allowance, or allowance with certain design modifications. Once such modification we
have seen is the requirement that a lighter message area is “reversed out” from a darker
background. The effect of this design consideration is to minimize excessive white light
glare from internally lit cabinets.
B. ALTERNATIVE ACTIONS:
1. Motion to recommend approval of the Conditional Use Permit for a PUD as requested
by the applicants, including the following elements:
a. 130 square feet of total freestanding sign area and 20 feet, 8 inches of height.
b. Two 45-day periods for temporary sign display.
c. Changes to the sign design requirements for Towne Centre to allow internally-lit
cabinet sign design.
2. Motion to recommend approval of the Conditional Use Permit for a PUD, with the
following modifications to the requested permit:
a. 100 square feet of total freestanding sign area and approximately 18 feet, 2 inches
of height, consistent with current sign ordinance allowances.
b. 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.
c. 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.
3. Motion of other to be determined by the Planning Commission.
4. Motion to recommend denial of the Conditional Use Permit for a PUD, based on
findings to be identified by the Planning Commission at the public hearing.
C. STAFF RECOMMENDATION:
Staff recommends Alternative 2 above. As noted in the report, the changes made to the sign
regulations were explicitly intended to avoid using the PUD allowances of the City’s zoning
regulations to “flex” the applicable sign standards, including a number of additional
allowances to permit businesses additional message opportunities. Modification of the sign
Planning Commission Agenda: 01/04/11
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regulations by PUD raises issues of fairness of application of the rules, as well as significant
staff monitoring concerns on an ongoing basis.
Alternative 2 permits additional signage over that which is currently in place and would be
consistent with the regulations applied to other businesses.
D. SUPPORTING DATA:
A. Applicant Narrative
B. Site Plan/Survey
C. Aerial Photograph
D. Proposed Freestanding Sign Design
E. Proposed Wall Sign Design
F. Existing Approved Towne Centre Sign Criteria
G. Supplemental Sign Design Information:
Planning Commission Agenda: 1/04/11
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6. Public Hearing - Consideration to adopt an amendment to Title 10 of the Monticello
City Code, Monticello Zoning Ordinance and consideration to adopt an amendment to
the City of Monticello Official Zoning Map. (AS)
A. REFERENCE AND BACKGROUND
The Planning Commission is presented with Chapters 5-8 of the proposed amendment to
Title 10 of Monticello City Code - Monticello Zoning Ordinance for formal review and
recommendation. The Commission is also asked to review and provide a
recommendation on the proposed Official Zoning Map, which corresponds to the changes
proposed by the amended code.
The review of Chapters 5-8 and the zoning map represents the final public hearing for the
proposed zoning code. The amended code was presented for review and comment in
three separate public hearings.
On November 17th, 2010, the Planning Commission held the first of the three scheduled
public hearings for the proposed amendment of the Monticello Zoning Ordinance.
During the first hearing, the Commission indicated a desire to make minor modifications
to the residential requirements in Chapter 3. As such, the Planning Commission asked
for additional review time between the first and second hearings. The Commission did
make minor adjustment recommendations to Chapter 3 on December 7th, and completed a
thorough review of Chapter 4, Finishing Standards. The review of Chapter 4 also yielded
additional modifications.
The Commission requested that a final version of Chapters 1-4, with all suggested
recommendations, be provided in advance of final recommendation. Those chapters are
not provided with this staff report, but it is staff’s intent that revised Chapters 1-4 be
provided on or before January 4th, 2011.
As a reference for the public, the staff report for Chapters 1-3 and Chapter 4 are included
as an attachment to this report. The staff report for November 17th provides background
information on the comprehensive zoning amendment process itself.
The minutes from the November 17th and December 7th meeting are also provided as
reference to the Commission’s comments on the first three chapters.
Prior to the December 7th hearing, the Planning Commission received one letter of public
comment. The letter is attached and is part of the public record for this final hearing.
The comment letter is related to the elimination of the PZM Zoning District. A response
letter from project consultant MFRA has also been provided.
The balance of this staff report provides an overview of the final four chapters of the
code, including noteworthy amendments and additions.
Planning Commission Agenda: 1/04/11
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Overview of Chapter 5
Chapter 5, Use Standards, organizes land uses into use classifications and use types. The
chapter also categorizes land uses within districts as “permitted”, “conditionally
permitted”, or “interim” uses. Uses not defined as such are prohibited.
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.
Chapter 5’s structure is similar to other portions of the code, where uses are organized by
classification, such as agricultural, residential, industrial, etc.
To follow is a brief overview of the most substantive changes proposed for the chapter.
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.
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.
Planning Commission Agenda: 1/04/11
3
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
Overview of 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.
Chapter 6 provides that:
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
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.
Overview of 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.
Planning Commission Agenda: 1/04/11
4
Overview of Chapter 8
Chapter 8 is the Rules and Definitions Chapter. This chapter includes a number of
changes which are intended to help code users find and understand definitions, terms and
measurements found throughout the code. Noteworthy changes or additions:
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.
Update on Floodplain, Shoreland and Mississippi Wild & Scenic Regulations
As noted previously, State regulations require that the Department of Natural Resources
review and approve the Shoreland, Floodplain and Wild & Scenic provisions of the
Zoning Ordinance. This is due to the relationship of the City codes to State Statute.
Staff met with the City’s regional DNR representative, Roger Stradal, in November and
has begun the formal process for this review. A copy of the City’s formal request to the
DNR is provided for reference.
At the time of this report, Mr. Stradal has indicated that he has completed a majority of
his review and has requested a phone conference to review DNR comments.
Therefore, it is recommended that the Planning Commission reserve approval of the
following overlay districts until the DNR provides their comments and approval.
3.7(C) – Flooplain District
3.7(E) – Shoreland District
In regard to the Wild & Scenic overlay district, DNR has informed staff that this overlay
cannot be combined with Shoreland regulations. Although the DNR is considering
merging the two, that process has not been finalized and therefore the two must remain
separate in City ordinance.
At this time, staff recommends that the City 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. As the City
Planning Commission Agenda: 1/04/11
5
does not currently have a Shoreland ordinance, that portion of the code will be adopted at
such time that DNR review is complete.
After all DNR comments are addressed on each of the three noted components, the City
can adopt the new overlay provisions as provided for within the new code.
Zoning Map
With the ordinance revision, the development of a new map is necessary. The Zoning
Ordinance as proposed requires the adoption of a map and recognizes the map as the
official statement of districts.
The Zoning Ordinance revision process yielded the elimination of two districts,
PZM/PZR (Performance Zone-Mixed/Residential) and P-S (Public/Semi-Public).
Properties currently zoned as such are proposed to be rezoned according to their base use
and/or guided Comprehensive Plan land use. A detailed analysis for this rezoning was
completed by both staff and the Steering Committee. However, it is anticipated that
future rezoning action may occur to clear up any resulting non-conformities.
The zoning map has also been adjusted to reflect changes in zoning district names as
noted above, PUD boundaries, and all overlay areas. In addition, an appendix to the
zoning map for the Freeway Bonus Sign District, is also attached for Commission’s
review and recommendation.
Work to Come and Conclusions
Staff noted in the November 17th report that should the City adopt Title 10 – Monticello
Zoning Ordinance, future amendments in the coming months are anticipated.
Due to the extent of changes to the PUD regulations, it is 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. This may help answer some remaining
questions about how each would be applied.
Also, as the Planning Commission is aware, the City is in the midst of a new downtown
planning effort, Embracing Downtown Monticello. Once that effort is completed, the
CCD provisions of the code will require amendment. At the conclusion of the Embracing
Downtown Monticello effort, staff will evaluate the outcomes and provide a
recommendation on how to proceed with code amendments.
Finally, Planning Commission will note that there are also other areas in the code marked
“Reserved”. These areas require additional research, discussion and code language
development.
Planning Commission Agenda: 1/04/11
6
It is of critical importance that the Planning Commission and City Council recognize that
the code is very much a working document. Over the course of the next six months,
Planning Commission’s agenda will likely list a regular agenda item calling for
amendment to the new code. These amendments will consist of general language clean-
up, as well as more in-depth review of code provisions requiring additional feedback. It
is also recommended that the Planning Commission itself identify an audit schedule for
areas it would like to review on an annual basis, such as signage or off-street parking.
With those comments in mind, the draft presented for hearing is representative of the
months and work and comment.
B. ALTERNATIVE ACTIONS
1. Motion to approve Resolution 2011-01, recommending adoption of an
amendment to Title 10 of the Monticello City Code, Monticello Zoning
Ordinance, subject to the following:
a. Exemption of section 3.7(C) – Floodplain and 3.7(E) – Shoreland
b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18
(Flood Plain Management) and 27 (Mississippi Wild & Scenic) by
reference.
2. Motion to approve Resolution 2011-01, recommending adoption of an
amendment to Title 10 of the Monticello City Code, Monticello Zoning
Ordinance, subject to the following:
a. Exemption of section 3.7(C) – Floodplain and 3.7(E) – Shoreland
b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18
(Flood Plain Management) and 27 (Mississippi Wild & Scenic) by
reference.
c. Revisions to be determined by the Commission, as follows:
i.
3. Motion to table adoption of an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, for reasons to be determined by the
Commission.
C. RECOMMENDATION
Staff recommends adoption of an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, subject to any final revisions as suggested
by the Commission.
Staff believes that the code, as presented, is reflective of the months of work and
effort by the Steering Committee and other stakeholders. Supporting statements
can be found in the attached resolution of recommendation.
Planning Commission Agenda: 1/04/11
7
As noted in the report, staff recognizes that the ordinance proposed is a snapshot
in time: that more work and refinement are to come as the City continues to seek
achievement of its Comprehensive Plan goals and respond proactively to the
changing patterns of development and land use.
D. SUPPORTING DATA
A. Complete Draft of the Proposed Monticello Zoning Ordinance: Chapters 5-8
(Dated 12-17-10)
B. Proposed Zoning Map
C. Proposed Free Bonus Sign District Appendix Zoning Map
D. Staff Report, November 17th, 2010
E. Planning Commission Minutes, November 17th, 2010
F. Staff Report, December 7th, 2010
G. Planning Commission Minutes, December 7th, 2010
(attached to agenda cover)
H. Letter of Public Comment
I. Response to Letter of Public Comment
J. Resolution 2011-01: Recommendation of Adoption
K. Ordinance of Adoption and Repeal
L. Letter to DNR
M. Annotated Outline
CHAPTER 5: USE STANDARDS
Section 5.1 Use Table
Subsection (A) Explanation of Use Table Structure
City of Monticello Zoning Ordinance Page 303
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 304 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 305
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 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 306 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 307
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 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 none
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 308 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 309
(e) Blocking of Solar Access
(i) In a residential district no owner, occupier or person in control of property
shall allow vegetation or structures to be placed or planted so as to cast a
shadow on an existing solar energy system which is greater than the
shadow cast by a hypothetical wall ten (10) feet high located along the
boundary line of said property between the hours of 9:30 a.m. and 2:30
p.m. Central standard Time on December 21.
(ii) The standard enumerated in section 5.2(A)(1)(e)(i) above shall not apply
to existing vegetation and structures which cast a shadow upon a
proposed solar energy system location at the time of the solar energy
system installation.
(f) 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)]
(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.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (B) Regulations for Agricultural Uses
Page 310 City of Monticello Zoning Ordinance
(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.
(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)]
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (C) Regulations for Residential Uses
City of Monticello Zoning Ordinance Page 311
(c) All applicable requirements of the State Pollution Control Agency are
complied with. [5-4(C)(4)]
(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 312 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 313
(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 314 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 315
(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 316 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 317
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 318 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 319
(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 320 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 321
(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 322 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, 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 323
(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 324 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 325
(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
Automotive 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.
CHAPTER 5: USE STANDARDS
Section 5.2 Use-Specific Standards
Subsection (F) Regulations for Commercial Uses
Page 326 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 327
(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 328 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 329
(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 330 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 331
(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 332 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 333
(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 334 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 335
(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 336 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 337
(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 338 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 339
(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 340 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
(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 341
(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 342 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
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 343
(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 dead 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 344 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 345
(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 346 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 347
(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 348 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 349
(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 350 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 351
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 352 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 353
(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 354 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 355
(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 356 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 357
(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 358 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 359
(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 360 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 361
(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 362 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 363
(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 364 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 365
(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 366 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 367
(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 368 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 369
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 370 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 371
(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: TEMORARY 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 372 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 373
(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 374 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 375
(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 8:00 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 376 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 377
(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 378 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 6.3 Authority to Continue
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 379
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 Undeveloped Lots of Record
A lot of record existing upon the effective date of this ordinance in a residential district which
does not meet the requirements of this ordinance as to area or width may be utilized for single
family detached dwelling purposes provided the measurements of such area or width are
within seventy-five (75) percent of the requirements of this ordinance. [3-2(C)(3)]
6.3 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.
CHAPTER 6: NONCONFORMITIES
Section 6.3 Authority to Continue
Subsection (E) Specific Standards for Temporary Uses
Page 380 City of Monticello Zoning Ordinance
(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)]
(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)]
MN Statute 462.357
subd 1e
CHAPTER 6: NONCONFORMITIES
Section 6.4 Discontinuance
Subsection (E) Specific Standards for Temporary Uses
City of Monticello Zoning Ordinance Page 381
(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)]
(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 HRA 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)]
6.4 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.
CHAPTER 6: NONCONFORMITIES
Section 6.7 Existing Nonconforming Lots
Subsection (B) Required Merger of Common Ownership Lots
Page 382 City of Monticello Zoning Ordinance
6.5 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)]
6.6 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)]
6.7 Existing Nonconforming Lots
(A) General Restriction
No building, structure or use shall be erected, constructed or established on a
nonconforming lot unless a variance is granted by the City, except as otherwise
provided for by this Ordinance.
(B) 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.
CHAPTER 6: NONCONFORMITIES
Section 6.7 Existing Nonconforming Lots
Subsection (C) Vacant or Redeveloped Lots
City of Monticello Zoning Ordinance Page 383
(2) The combination of lots shall be in accordance with Title 11, Chapter 1 of the City
Code.
(C) 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.
City Code Title 11,
Chapter 1:
Subdivision Code
CHAPTER 6: NONCONFORMITIES
Section 6.7 Existing Nonconforming Lots
Subsection (D) Developed Lots
Page 384 City of Monticello Zoning Ordinance
(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.
(D) 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 385
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 386 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 387
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 388 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 389
(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 390 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 391
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 392 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 393
(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 394 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 395
(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 396 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 397
(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 398 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 399
(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 400 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 401
(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 402 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 403
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
PUD.......................Planned Unit Development
CHAPTER 8: RULES & DEFINITIONS
Section 8.3 Glossary of Abbreviations
Subsection (B) Lots
Page 404 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 405
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, a405dult 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 406 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 407
(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 408 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 409
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 410 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 411
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 412 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, pubic
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 413
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 414 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.
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 415
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 416 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 417
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 418 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 419
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 420 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 - FININSHED: 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 421
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 422 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 423
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.
INTESIVE 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 424 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 425
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 426 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 427
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 428 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 429
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 430 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. [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 431
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 432 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 433
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 434 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 435
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 436 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 437
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 438 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 439
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 440 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 441
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 442 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 443
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 444 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 445
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 446 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 447
(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 448 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)]
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Planning Commission Agenda: 11/17/10
1
4. Public Hearing - Consideration to recommend adoption of an amendment to Title 10 of
the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3. (AS)
A. REFERENCE AND BACKGROUND
The Code Revision Impetus
The Planning Commission is presented with the proposed amendment to Title 10 of
Monticello City Code - Monticello Zoning Ordinance for formal review and
recommendation. The amendment will be considered in three separate public hearings.
The first public hearing includes review of the following proposed chapters:
• Chapter 1: General Provisions
• Chapter 2: Application Reviews and Procedures
• Chapter 3: Zoning Districts
The proposed code offered for consideration of adoption is the result of over a year of
work and process.
The effort to re-draft the entire Zoning Code began in October of 2009. The initiative
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.
The 2008 Comprehensive Plan recognized that it is the City’s codes and ordinances
which control actual development. State law stipulates that zoning regulations are a
critical tool for implementing the Comprehensive Plan. The 2008 Comprehensive Plan
stated that “A priority should be given to the review and updating of zoning regulations.
The vision and objectives of the Comprehensive Plan will not be achieved unless zoning
regulations are aligned with the Plan.”
In addition to the need for consistency with the Comprehensive Plan, the Planning
Commission and City Council have often struggled with outdated portions of the
ordinance, adopting frequent amendments that eventually created a patchwork code that
was often difficult to use and understand.
As a result of this clear need for consistency and clarity, the City completed a request for
proposal process for the complete revision of the zoning code in fall of 2009. The
request for proposal provided clear direction on the issues that needed to be addressed
and the objectives that needed to be met for the new code. A copy of the RFP is provided
for reference. Also included is an annotated outline which discuses how each issue and
objective has been met with the amended code.
Planning Commission Agenda: 11/17/10
2
The Updating Process
The City selected consulting firm MFRA as a result of the RFP process. MFRA and the
City began the formal Zoning Ordinance updating process in late 2009, with an open
house in November of 2009.
The code presented for your review incorporates the suggestions and comments resulting
from an intense public input and review process.
The revision process was directed by the Monticello Zoning Ordinance Revision Steering
Committee, made up of all five members of the Planning Commission and two City
Council liaisons.
The revision process was designed to be incremental, with sets of chapters and provisions
developed gradually. The actual code development followed the following schedule:
• Initiation & Scoping October/November 2009
• Administration – Chapters 1, 2, 6, 7 & 8 December 2009 To Feb 2010
• Districts & Uses – Chapters 3 & 5 March To April
• Finishing Standards – Chapter 4 June To July
• In-Depth Draft Review With Committees July To Present
It is recognized that the amendment of an entire zoning ordinance is an overwhelming,
(and at times, tedious) process for even the most involved official or citizen to digest.
The incremental drafting approach allowed for the maximization of public input, as
different opportunities for public involvement were offered along the way.
The process sought to involve as many as possible, utilizing a variety of means to reach
out to both the general public and stakeholder organizations. These methods included:
• Kick Off Meeting Open House
• Steering Committee Meetings (12+)
• IEDC Meetings (4 meetings/2 agenda items)
• Chamber of Commerce Meetings (2)
• Email Distribution List
• One-on-one meetings
• Direct email responses
• Newsletter & Website Updates
• Concluding Comments Open House
Throughout the revision process, staff provided MFRA detailed supporting memos,
which identified additional direction provided by the Steering Committee or other staff
members. In addition to this detailed staff review, the City Attorney has had an
opportunity to review and comment on the draft. The comments from Campbell Knutson
are provided for reference. The comments of the attorney have been addressed to a great
extent, with only a handful of items to be clarified.
Planning Commission Agenda: 11/17/10
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Overall Code Format
The amended code presents a completely new structure for the Monticello Zoning
Ordinance. Although the ordinance remains consistent with the current City Code
format, which uses an outline structure (with letters and numbers to separate provisions),
it is much more graphically-based, with numerous new features geared towards ease-of-
use.
Ordinance structure highlights:
The most notable change has been the consolidation of code information from 33
chapters to just 8 chapters. This consolidation is an example of how the code
achieves the desired goal of clarity and ease of use.
There is a more detailed Table of Contents, providing page numbers for each and
every chapter section. The web version will also include a table of contents for
each individual chapter.
Headers are provided at the top of each page, giving users a visual reference to the
chapter and section they are reading.
The amended ordinance includes far more tables and illustrations than the
previous code. These provide a more visual means of interpreting the code, again
making it easier to utilize and understand. An index of all tables in the code will
also be added to the final version.
The new code includes cross-reference markers. When posted to the City’s
website, these will become hyperlinks which allow users to easily cross-reference
other sections with the zoning code, as well as other portions of City Code and
outside sources.
Definitions have been moved to the rear of the code, which is a more obvious and
intuitive place to find a glossary or index. A glossary of abbreviations has been
added to help users decode the many acronyms used in the text.
Overview of Chapters 1-3
Recognizing the depth of the task at hand, the amended code is being presented for
recommendation in three separate public hearings. To follow is a brief overview of the
most substantive changes proposed for each of the first three chapters.
Chapter 1
1.8: Transitional Regulations
Planning Commission Agenda: 11/17/10
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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.
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.
Planning Commission Agenda: 11/17/10
5
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.)
DNR Review & Approval
State regulations require that the Department of Natural Resources review and approve
the Shoreland, Floodplain and Wild & Scenic provisions of the Zoning Ordinance. This
is due to the relationship of the City codes to State Statute.
Staff met with the City’s regional DNR representative, Roger Stradal, and has begun the
formal process for this review. No definitive review time period has been given,
although it is anticipated that DNR review and approval will occur after the expected
January adoption of the new code.
For this reason, the DNR recommends that the Planning Commission reserve approval of
the following overlay districts until such time that the DNR provides their comments and
approval.
3.7(C) – Flooplain District
3.7(E) – Shoreland District
Planning Commission Agenda: 11/17/10
6
In regard to the Wild & Scenic overlay district, DNR has informed staff that this overlay
cannot be combined with Shoreland regulations. Although the DNR is considering
merging the two, that process has not been finalized and therefore the two must remain
separate in City ordinance.
At this time, 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 can adopt the new overlay provisions as provided for within the new code.
Zoning Map
With the ordinance revision, the development of a new map is necessary. The Zoning
Ordinance as proposed requires the adoption of a map and recognizes the map as the
official statement of districts.
The Zoning Ordinance revision process yielded the elimination of two districts,
PZM/PZR (Performance Zone-Mixed/Residential) and P-S (Public/Semi-Public).
Properties currently zoned as such are proposed to be rezoned according to their base use
and/or guided Comprehensive Plan land use. A detailed analysis for this rezoning was
completed by both staff and the Steering Committee. However, it is anticipated that
future rezoning action may occur to clear up any resulting non-conformities.
The zoning map will also be adjusted to reflect changes in zoning district names as noted
above, PUD boundaries, and PZ overlay areas.
The Planning Commission will be asked to recommend adoption of a new zoning map
during the third and final public hearing in January. Until that time, the Planning
Commission is asked to review and comment on the draft included in this packet.
Work to Come and Conclusions
Though much work has been completed and many improvements made, there is still
work to do.
Due to the extent of changes to the PZ and PUD regulations, it is 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. This may help answer
some remaining questions about how each would be applied.
Also, as the Planning Commission is aware, the City is in the midst of a new downtown
planning effort, Embracing Downtown Monticello. Once that effort is completed, the
CCD provisions of the code will require amendment. At the conclusion of the Embracing
Planning Commission Agenda: 11/17/10
7
Downtown Monticello effort, staff will evaluate the outcomes and provide a
recommendation on how to proceed with code amendments.
Finally, Planning Commission will note that there are also other areas in the code marked
“Reserved”. These areas require additional research, discussion and code language
development.
It is of critical importance that the Planning Commission and City council recognize that
the code is very much a working document. Over the course of the next six months,
Planning Commission’s agenda will likely list a regular agenda item calling for
amendment to the new code. These amendments will consist of general language clean-
up, as well as more in-depth review of code provisions requiring additional feedback. It
is also recommended that the Planning Commission itself identify an audit schedule for
areas it would like to review on an annual basis, such as signage or off-street parking.
With those comments in mind, the draft presented for hearing is representative of the
months and work and comment.
B. ALTERNATIVE ACTIONS
1. Motion to approve Resolution 2010-075, recommending adoption of an
amendment to Title 10 of the Monticello City Code, Monticello Zoning
Ordinance, Chapters 1-3, subject to the following:
a. Exemption of section 3.7(C) – Floodplain and 3.7(E) – Shoreland
b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18
(Flood Plain Management) and 27 (Mississippi Wild & Scenic) by
reference.
2. Motion to approve Resolution 2010-075, recommending adoption of an
amendment to Title 10 of the Monticello City Code, Monticello Zoning
Ordinance, Chapters 1-3, subject to the following:
a. Exemption of section 3.7(C) – Floodplain and 3.7(E) – Shoreland
b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18
(Flood Plain Management) and 27 (Mississippi Wild & Scenic) by
reference.
c. To be determined by the Commission
3. Motion to table adoption of an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, Chapters 1-3, for reasons to be determined
by the Commission.
Planning Commission Agenda: 11/17/10
8
C. RECOMMENDATION
Staff recommends adoption of an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, Chapters 1-3, subject to any final revisions
as suggested by the Commission.
Staff believes that Chapters 1-3, as presented, are reflective of the months of work
and effort by the Steering Committee and other stakeholders. As noted in the
report, staff recognize that the ordinance proposed is a snapshot in time: that more
work and refinement are to come as the City continues to seek achievement of its
Comprehensive Plan goals and respond proactively to the changing patterns of
development and land use.
D. SUPPORTING DATA
A. Request for Proposal: Comprehensive Revision of the Monticello Zoning
Ordinance
B. Complete Draft of the Proposed Monticello Zoning Ordinance: Chapters 1-3
(Dated 11-12-10)
C. Annotated Outline
D. Proposed Zoning Map
E. Campbell Knutson Comment Memo (with staff responses)
F. Chapter 18 – Flood Plain Management
G. Chapter 27 – Mississippi Wild & Scenic
H. Resolution 2010-075: Recommendation of Adoption
(To be provided at meeting)
Planning Commission Agenda: 12/07/10
1
5. Public Hearing - Consideration to recommend adoption of an amendment to Title 10 of
the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3, 4. (AS)
A. REFERENCE AND BACKGROUND
On November 17th, 2010, the Planning Commission held the first of three scheduled
public hearings for the proposed amendment of the Monticello Zoning Ordinance. The
amended code is being presented for recommendation in three separate public hearings.
During the first public hearing, the Commission indicated a desire to make minor
modifications to the residential requirements in Chapter 3. As such, the December 7th
hearing has been noticed to allow for a continuation of that discussion, as well as a
review of Chapter 4, Finishing Standards.
As a reference for the public, the staff report for Chapters 1-3 is also included as an
attachment. The staff report also provides background information on the comprehensive
amendment process itself.
Overview of Chapter 4
Chapter 4 of the zoning code includes those provisions intended to “finish” a property’s
development beyond 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. In many ways, the amendments proposed in
Chapter 4 reflect the changing nature of land use.
To follow is a brief overview of the most substantive changes proposed for the chapter.
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 Agenda: 12/07/10
2
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
4.6 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
Planning Commission Agenda: 12/07/10
3
4.12 Wind Energy Conversion Systems
New standards. All WECS require a CUP
4.13 Telecommunication Towers & Antennas
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
Chapters 1- 3
As noted above, the Planning Commission requested further refinement on standards for
the residential uses in Chapter 3. Specifically, the Commissioners intended to bring
forward recommendations for the RA, R-1, R-2, and R-3 districts in the following areas:
o Roof Pitch
o Foundation and Finished Area Square Footages:
Above and below grade
By housing style/type
Areas for Discussion
Staff would ask that in addition to an overall review of Chapter 4, the Planning
Commission specifically review the regulations/language proposed for the following
areas and provide any last comments or feedback on these portions of code.
Landscaping Requirements – IBC and RA
Fences & Walls
Awning Lighting
Sign Area Allowances
Building Materials – Industrial Districts
B. ALTERNATIVE ACTIONS
The Planning Commission indicated at the November meeting that it is their intent to
make one overall code adoption recommendation at the conclusion of the public hearings
in January.
However, the Commission is asked to make a motion specifically addressing any changes
to Chapters 1-4 as part of this hearing. As such, those changes can be incorporated and
brought forward in a revised version of the code for the January meeting.
Planning Commission Agenda: 12/07/10
4
C. RECOMMENDATION
Staff recommends adoption of an amendment to Title 10 of the Monticello City
Code, Monticello Zoning Ordinance, Chapters 1-3 and Chapter 4, subject to any
final revisions as suggested by the Commission.
Staff believes that the chapters, as presented, are reflective of the months of work
and effort by the Steering Committee and other stakeholders. As noted in the
report, staff recognizes that the ordinance proposed is a snapshot in time: that
more work and refinement are to come as the City continues to seek achievement
of its Comprehensive Plan goals and respond proactively to the changing patterns
of development and land use.
D. SUPPORTING DATA
A. Complete Draft of the Proposed Monticello Zoning Ordinance: Chapter 4
(Dated 12-2-10)
(Chapters 1-3 provided with the November 17th packet)
B. Planning Commission Staff Report, November 17th, 2010
Monticello Planning Commission
Monticello City Hall
Monticello, MN 55362
Fax: 763-295-4404
Cc: Angela Schumann, Community Development Director
Angela.schumann@ci.monticello.mn.us
Re: City of Monticello’s proposed change of the Jameson property zoning
By way of introduction, my name is Suzanne Kramer, and I am Conservator and POA for my
mother, Marion Jameson, who owns a house and acreage at 511 Territorial Road in Monticello. We have
been notified that this property is affected by the proposed zoning code changes.
This 7 acre property is currently for sale, and we are concerned that the proposed change from
PZM (performance zone mixed) to R1 with PZ overlay would diminish its value by re stricting its
potential use and salability.
I have been informed by Angela Schumann, the Community Development Director, that this new
zoning would not necessarily preclude future requests to again change the R1 zoning for development of
the property. We are not in favor of the zoning change. However, if the zoning change must occur, we
would like assurance that approval would not be withheld unreasonably if, for example, a plan for a
senior housing facility with higher density than R1 allows were proposed. Does the PZ overly cover this?
Is it really necessary to change the PZM zoning designation for this property? The current zoning
seems to work here as it stands now. If it is changed and we must request changes from the proposed R1
designation, it could be a potentially costly and time consuming process with no guarantees of approval.
We would like this statement to be made part of the public record of the meeting held on
December 7, 2010, and have a written response to our concerns.
Sincerely,
Suzanne Kramer
136-150th Street
River Falls, WI 54022-5630
suzannekramer@msn.com
12/20/10
Suzanne Kramer
136 150th Street
River Falls, WI 54022-5630
PACE
SPACE
RE: Proposed Zoning for 511 Territorial Road
SPACE
SPACE
Dear Ms. Kramer,
SPACE
Thank you very much for expressing your concerns regarding the proposed rezoning of 511
Territorial Road in Monticello, MN. Please know that we welcome your suggestions and are always
available to discuss these issues at your convenience.
On the question of whether 511 Territorial Road must be rezoned, the answer is yes. The PZM
zoning district has for years been difficult for City staff to manage and did not always result in uses
that corresponded to the City’s comprehensive plan. For those reasons, the PZM district is being
eliminated as part of the new zoning code update, and the city must re-designate all PZM properties
to one of the zoning classifications within the new code.
The City’s recently adopted comprehensive plan and the current use of the property are the main
reasons the City is suggesting the new zoning be R-1 within the performance based enhancement
district. If you look in the comprehensive plan, you will find the property has been designated as
“Places to Live” on the planned land use map. This category designates areas where housing is the
primary use of land. Beyond that, the current use of the land is exclusively for a single family home;
there is no existing business or industrial shop to suggest the proper zoning for the property should
be anything but a residential district. Designating this property as R-1 will clearly allow for the
intended residential uses, and inclusion in the performance based enhancement district will allow for
all types of housing to be proposed as opposed to only single-family homes.
With regards to whether the proposed rezoning will limit your use of the property in anyway, I
would contend that it will not impact your future uses at all. Under the current PZM zoning district,
the permitted uses listed in code are those uses permitted in the R-3 zoning district. The allowed
uses in the R-3 zoning district basically include all forms of residential dwellings from low density
(single-family) to high density (multi-family); specifically not allowed are any form of commercial
or industrial uses. This allowance of potential uses will not change with the rezoning of the property
to R-1 within the performance based enhancement district; both single-family and multi-
family homes may still be built after this rezoning is complete.
Page 2 of 2
And finally, Angela was correct is stating that nothing precludes a landowner from coming forward
in the future to request a change in zoning or a comprehensive plan amendment on their property.
However, I do not believe that either would be necessary in your case if you decided to move
forward with a senior housing proposal at a density higher than that allowed by standard R-1 zoning.
Because your property is proposed to be included in the performance based enhancement district,
you would be eligible for the uses allowed in the R-2 district (multi-family, assisted living facilities,
and nursing/convalescent homes are all possibilities). Furthermore, inclusion in the enhancement
district also allows you to request a higher density than would otherwise be allowed (anywhere from
3.6 to 7.0 units per gross acre depending upon your development plan). Seeking a commercial or
industrial use for the property would trigger the need for a comprehensive plan amendment and
rezoning.
I sincerely hope the above explanation addresses all of your concerns regarding the proposed
rezoning. If you have any further questions or would simply like to discuss this more, please do not
hesitate to call or email.
Respectfully,
SPACE
SPACE –
Written Signature Here
SPACE
Ben Gozola
Senior Planner
MFRA, Inc.
bgozola@mfra.com
763-746-1650 (direct)
952-217-0252 (cell)
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2011-01
RECOMMENDING THE ADOPTION OF TITLE 10, A ZONING ORDINANCE
AND THE OFFICIAL ZONING MAP FOR THE CITY OF MONTICELLO AND
REPEAL OF THE EXISTING ZONING ORDINANCE
WHEREAS, the City adopted a Comprehensive Plan in 2008, and;
WHEREAS, the 2008 Monticello Comprehensive Plan states that a priority should be
given to the review and updating of zoning regulations, and that the vision and objectives
of the Comprehensive Plan will not be achieved unless zoning regulations are aligned
with the Plan, and;
WHEREAS, the City, through its Planning Commission, has undertaken a
comprehensive amendment of Title 10 – Monticello Zoning Ordinance in response to this
goal, and;
WHEREAS, the City, through its Planning Commission and other committees and
groups, has undertaken a thorough analysis of existing and future land uses, growth
potential, changing development patterns, emerging zoning techniques, and;
WHEREAS, this analysis had led to the development of a comprehensive amendment to
Title 10 – Monticello Zoning Ordinance and the Official Zoning Map, and the proposal to
repeal the existing zoning ordinance, and;
WHEREAS, the Planning Commission believes the zoning regulations as proposed in
Title 10 – Monticello Zoning Ordinance balance the interests of the residential,
commercial, industrial and public segments of land use.
WHEREAS, the Planning Commission has directed a zoning regulation revision process
which involved a broad spectrum of stakeholders in an inclusive and productive public
input process, and;
WHEREAS, the Planning Commission has held three public hearings on November 17th,
December 7th and January 4th, 2010 for the purpose of public review and comment on
Title 10 – Monticello Zoning Ordinance, and
WHEREAS, the Planning Commission believes that the Official Zoning Map attached
hereto and incorporated herein is an accurate representation of the land use described by
Title 10 – Monticello Zoning Ordinance, and
WHEREAS, the attached Title 10 – Monticello Zoning Ordinance for the City of
Monticello has been prepared for review and presentation to the City Council for
approval, and;
NOW THEREFORE, BE IT RESOLVED that the Planning Commission for the City of
Monticello, hereby recommends that the City Council repeal the current zoning
ordinance and adopt Title 10 – Monticello Zoning Ordinance for the City of Monticello.
ADOPTED BY the Planning Commission for the City of Monticello, Minnesota on the
4th day of January, 2011.
CITY OF MONTICELLO
_____________________________________,
Chair
ATTEST:
________________________________
Jeff O’Neill, City Administrator
ORDINANCE NO. ________
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 ORDAINS:
SECTION 1. Title 10, Chapters 1-17, 19-26, and 28-33 of the Monticello City Code are
hereby repealed and replaced with the Zoning Ordinance prepared by the City’s planning
consultant, McCombs Frank Roos Associates, Inc. and dated ______________, 20__,
which is attached hereto and incorporated herein as Exhibit “A”, as Title 10, Chapters 1-
8, excluding Sections 3.7(C) and 3.7(E) of Chapter 3.
SECTION 2. 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 3. Effective Date. This ordinance shall be effective upon its passage and
publication.
ADOPTED by the Monticello City Council this ___ day of ____________, 20__.
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
Jeff O’Neill, City Administrator
EXHIBIT “A”
Attach Final Zoning Ordinance
EXHIBIT “B”
Attach Final Zoning Map
CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
SUMMARY ORDINANCE NO. ________
AN ORDINANCE ADOPTING A ZONING ORDINANCE AND THE OFFICIAL
ZONING MAP FOR THE CITY OF MONTICELLO AND REPEALING THE
EXISTING ZONING ORDINANCE
NOTICE IS HEREBY GIVEN that, on ____________, 2010, Ordinance No.
_______ was adopted by the City Council of the City of Monticello, Minnesota. Due to
the lengthy nature of Ordinance No. _______, the following summary of the ordinance
has been prepared for publication as authorized by state law.
The ordinance adopted by the Council amends the City Zoning Ordinance by
repealing all but the Floodplain and Mississippi Wild & Scenic chapters of the Zoning
Ordinance and adopting a new Zoning Ordinance as Title 10, Chapters 1-8. The general
purpose of the ordinance is to adopt a new zoning map for the City and adopt a zoning
ordinance that addresses the following:
Chapter 1: General Provisions
Chapter 2: Application Reviews and Procedures
Chapter 3: Zoning Districts
Chapter 4: Finishing Standards
Chapter 5: Use Standards
Chapter 6: Nonconformities
Chapter 7: Enforcement
Chapter 8: Rules & Definitions
A printed copy of the whole ordinance is available for inspection by any person
during the City’s regular office hours.
APPROVED for publication by the City Council of the City of Monticello,
Minnesota, this _____ day of ___________________, 20__.
CITY OF MONTICELLO
By:
Clint Herbst, Mayor
ATTEST:
Jeff O’Neill City Administrator
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.
Planning Commission Agenda: 01/04/11
1
7. Consideration to complete an annual review of the 2008 Monticello Comprehensive Plan
(AS)
A. REFERENCE AND BACKGROUND:
The Planning Commission is asked to complete an annual review of the adopted 2008 City of
Monticello Comprehensive Plan, and to provide recommendations for amendment, if desired.
The Comprehensive Plan states that an annual review of the plan “keeps an active and current
focus on achieving the vision for Monticello and the use of the Comprehensive Plan.”
As in past years, staff has included excerpts of the Plan (the full document is available online
Under the Planning Department of the City’s website), and an analysis of the six chapters and
major concepts of the Plan. Obviously, the Commission’s comments are not limited to these
excerpts or statements.
Included in the analysis is information on potential or pending amendments, past
amendments, and 2010 action related to Plan goals.
ANALYSIS
CHAPTER 1: PLANNING FRAMEWORK
Annual Updates
1. Development trends and projects from the current years.
The development of this Comprehensive Plan occurred over a two year period. As
such, the Comprehensive Plan examined the impacts of rapid growth while
considering a more cautious approach to development. A more measured approach to
growth was implemented in the Plan due to both the economic slowdown and to the
City’s land-use goal of providing move-up housing options.
Even with this more cautious strategy, the pace of development illustrated by the
growth projections within the Land Use Chapter may require update through a more
comprehensive analysis. This is further described within the “Land Use Use” section
below.
In regard to the trends outside of residential development, the City continues to see
strength relative to surrounding communities in both the commercial and industrial
sectors. The City has also received preliminary indications that at least three current
industrial users are planning major expansions within the next 1-2 years.
Parks and open space planning continues to focus on efforts to acquire the Bertram
Chain of Lakes. The City and Wright County complete a 52 acre purchase in 2010
and will be asking the City Council to fund a 120 acre purchase in 2011. That
Planning Commission Agenda: 01/04/11
2
proposed purchase will provide public access to both Long and Bertram Lakes.
2. Summary of amendments to the Comprehensive Plan.
In 2010, there was one application for comprehensive plan amendment.
A comprehensive plan amendment was approved on June 28th, 2010 for Semper
Development.
The 1997 Downtown Plan directs that buildings should be placed along Broadway
Street to create a strong “edge” to the street. The Plan further states that street corners
should be occupied by a significant use and parking lots at street intersections should
be prohibited. Semper Development’s proposal placed the proposed Walgreen’s retail
building abutting Pine and River Streets, with a parking lot bordering Broadway
Street. As, such the proposal was not consistent with the current policies of the City’s
Downtown Plan.
The following amendment language was approved by the City and is included in the
current publicly available Comprehensive Plan.
At the intersection of Broadway and Pine Streets, parking lots may be constructed only
when all of the following conditions exist:
Applicable traffic safety and access requirements limit the ability to comply with
building location standards of this Plan.
At least fifty (50) percent of either the Broadway or Pine Street frontage is occupied
by a building (non-parking area).
An alternative vertical element is located at the street corner which, as determined
by City Officials, establishes an architecturally compatible corner presence. Such
elements may include, but not be limited to public art, interpretive signage,
architectural business signs and architecturally appropriate lighting.
A copy of the staff report for the amendment it is included for reference.
3. Discussion of current development issues and implications for the Comprehensive
Plan.
The Comprehensive Plan requires that the Planning Commission address current
development issues which may have direct implications for the Comprehensive Plan.
Planning Commission Agenda: 01/04/11
3
The Planning Commission has identified and is addressing the following issues
through the Monticello Zoning Ordinance through the revision of the Monticello
Zoning Ordinance:
1. The elimination of inconsistencies with planning case law.
2. The re-evaluation of current zoning districts in terms of suitability and need, and
consider the consolidation or addition of districts.
3. The integration of conservation design, sustainable design and smart growth
techniques wherever feasible, recognizing the need for balance and clarity.
4. The implementation of appropriate districts or standards under which performance- or
incentive-based zoning should be incorporated.
5. The anticipation of advances in technology and engineering and consideration of the
land-use implications of these advances.
6. Analysis and action/policy statement for non-conformities that will occur as a result of
the ordinance update.
Modifying Land Use Controls
The Comprehensive Plan clearly cites that for Monticello, zoning regulations are the
critical tool for achieving the vision of the Comprehensive Plan. Therefore, the Plan
called for the comprehensive revision to the Zoning Ordinance.
The comprehensive update to the Zoning Ordinance is nearing completion, with the last
public hearing scheduled concurrent with the date of this 2011 review of the
Comprehensive Plan. It is anticipated that the Zoning Ordinance will be presented to the
City Council for final adoption on January 10th.
Next Steps
The Comprehensive Plan outlined a specific set of Next Steps that the City was
encouraged to complete in order to support achievement of the 2008 Comprehensive Plan
goals and objectives. Status updates on each of the Next Steps are provided below.
Zoning Ordinance
In progress. Monticello City Code, Title 10 – Monticello Zoning Ordinance is scheduled
for final adoption by the Monticello City Council on January 10th, 2011.
Planning Commission Agenda: 01/04/11
4
Subdivision Ordinance
Upon completion of the Zoning Ordinance update, the City will review the feasibility and
timing of an update to Monticello City Code, Title 11 – Monticello Subdivision
Ordinance.
Park Dedication
Complete. Approved 6/22/11. Requires 11% dedication based on City analysis of park
demand.
Natural Resource Inventory
Complete.
Transportation Plan
See the Transportation Chapter section of this report for more information on the
Transportation Plan chapter of the Comprehensive Plan.
Downtown
While the Comprehensive Plan did not specifically find that the 1997 Downtown
Revitalization Plan required a complete revision, it did find that significant attention
should be given to reviewing the plan and developing prioritized action plans for
downtown.
In discussions regarding this item in January of 2009, the Planning Commission’s
direction was to recommend that renewed efforts at downtown planning should occur in
the near future. However, the Commission noted that the downtown property owners and
businesses should have a large role in helping to guide that process.
The Embracing Downtown Monticello planning effort is now underway. The downtown
planning effort includes land use, transportation, market study and economic development
components. The plan is expected to be complete in 2011 and will require a
Comprehensive Plan amendment to incorporate the newly defined goals, objectives and
policies for the downtown. Until that time, the 1997 Plan still stands as valid.
Financial Management Plan
The City Capital Improvement Plan, which details major capital improvement projects
(from land purchase to road projects) through 2015 was approved un December of 2010
and is available for review on the City’s website.
In 2009, the EDA has also completed an analysis of all active TIF districts. This analysis
provides information on the status and performance of each district and is available at the
Planning Commission Agenda: 01/04/11
5
Planning Commission’s request.
CHAPTER 2 – COMMUNITY CONTEXT
The Context chapter of the Comprehensive Plan provides a large amount of reference data
which serves as the foundation for the plan document itself. As 2011 and 2012 will bring the
release of a vast amount of new Census data, Planning Commission should plan for a full-
scale 2012 amendment to this chapter based on that information. The Planning budget will
account for that update.
CHAPTER 3 - LAND USE
Future Growth
This segment of the Land Use chapter details the importance and impacts of future growth.
In previous reviews, the Planning Commission has focused in on the housing projections
identified on page 2 of Chapter 3 - Land Use. Although the projections are not used as a hard
guideline for limiting or managing growth, these projections are used by the City to complete
utility, transportation and systems analysis. The more realistic and accurate the numbers, the
better for those analyses. As noted within the Framework Chapter, a frequent review of the
stated growth projections is important in maintaining the balance between growth pressure
and Comprehensive Plan policy.
In December, the Planning Commission was presented with a Monticello housing report,
prepared in-house. Under normal circumstances, staff would encourage the Commission to
recommend purchase of supplemental information (housing market studies) in order to more
accurately gauge growth trends. However, in the current market situation, that information is
difficult to obtain at any level, with any amount of confident accuracy.
Should the Planning Commission wish to establish a new trend line in the near term, staff’s
recommendation would be to wait until detailed Census information is released in 2011/2012.
That information, coupled with the housing study, will at least provide a better foundation of
information for development of a projection.
The Commission may also choose to reaffirm or adjust the policy statements below:
1. The City will consistently review recent development trends and update growth
projections to serve as a basis for public and private planning.
2. Over the life of this Comprehensive Plan, growth will occur within the boundaries of
the current municipal boundaries and the Orderly Annexation area.
3. Future development should be guided to locations that utilize existing infrastructure
and locations that facilitate the construction of street and utility systems that meet the
objectives of the Comprehensive Plan.
Planning Commission Agenda: 01/04/11
6
4. The Comprehensive Plan does not anticipate action by Monticello to annex or extend
utility systems to property immediately north of the Mississippi River. Development
in this area will place additional traffic on STH 25 (particularly in the Downtown area)
and channel investment away from other parts of the City, especially the Downtown.
Land Uses
In terms of Land Use classifications, the Comprehensive Plan outlines a set of objectives
and/or policies for both the type of land use, and for the area in which that land use occurs. In
considering future development, the City will use both the geographic area and the land use
type to evaluate consistency with the Comprehensive Plan.
Commission is asked to review the goals, objective and policies within each area of the Land
Use chapter, and identify any potential amendments or areas of discussion as needed.
Specific to the downtown, as noted above, the City is in the midst of the Embracing
Downtown Monticello planning effort. The 2008 Comprehensive Plan adopted the 1997
Downtown Revitalization Plan by reference. Once the Embracing Downtown Plan is
complete, it will need to be considered for formal adoption as a component of the 2008
Comprehensive Plan. The effort will also yield needed amendments to the Zoning Ordinance.
CHAPTER 4 – ECONOMIC DEVELOPMENT
It is anticipated that components of the Embracing Downtown Monticello Plan will also be
folded into the Economic Development Chapter of the Comprehensive Plan.
Additionally, staff will be requesting that the IEDC and EDA provide feedback on the
Economic Development Chapter in February of 2011. Any recommendations on desired
amendments will be forward to the Planning Commission for review.
CHAPTER 5 - PARKS
In late summer of 2011, an amendment to Chapter 5 – Parks, is anticipated. As the
Commission is aware, the City is completing an update to the 1996 Parks & Trails Plan. At
the completion of the project, a comprehensive plan amendment will be required to
incorporate plan findings wherever applicable, but particularly in Chapter 5.
CHAPTER 6 – TRANSPORTATION
During the 2010 review of the Comprehensive Plan, the Planning Commission heard a report
by City Engineer Bruce Westby on the status of the Transportation Plan, which is a critical
planning document for the City and exists as Chapter 6 of the Comprehensive Plan. At this
time City Engineer Bruce Westby continues to gather information relative to moving that
document forward. In 2008, the Planning Commission did pass a resolution of support for the
existing draft transportation plan.
Planning Commission Agenda: 01/04/11
7
Progress has been made on the final design of improvements at CSAH 75/TH 25, planning is
currently taking place for the Fallon Avenue overpass, and that planning will lead to
discussion on a second river crossing. Each of these transportation components are pieces of
the transportation puzzle. Council desired a more formal understanding of each before
approving the draft plan presented in 2009.
B. ALTERNATIVE ACTIONS:
1. Motion as directed by the Planning Commission.
C. STAFF RECOMMENDATION:
Staff believes that the Comprehensive Plan document continues to accurately represent the
goals and objectives outlined by the City. Many of these objectives have yet to be tested by
actual development proposals.
At this time, staff has not cited any specific recommended amendments to the Comprehensive
Plan.
However, staff have identified the following as likely future amendments:
Adoption of Parks & Trails Plan as an Appendix Document and incorporation of
amended Goals, Objectives and Policies as necessary to support the Parks & Trails Plan
Adoption of the Embracing Downtown Monticello Plan as an Appendix Document and
incorporation of amended Goals, Objectives and Policies as necessary to support the
Downtown Plan.
Amendment to Chapter 2, Community context to incorporate findings of the 2010 Census
and American community Survey results.
Recommendation to request additional market study information for the purpose of
amending growth projections.
D. SUPPORTING DATA:
A. Comprehensive Plan Chapter 1: Framework
B. Comprehensive Plan Chapter 3: Land Use
C. Housing Study, Updated December 20th, 2010
D. Semper Development Comprehensive Plan Request – 6/28/10
For the full version of the Comprehensive Plan, please visit www.ci.monticello.mn.us.
Click on “City Departments”, then “Community Development”, “Planning”, and then
”2008 Comprehensive Plan”.
Planning Framework | 1-12008 Comprehensive Plan
1
Monticello is fortunate to possess many assets, including a beautiful setting,
an excellent location, and a rich heritage. Th e Comprehensive Plan seeks
to use, preserve and enhance these assets in building a great place to live,
work, shop and play.
Monticello off ers housing choices that fi t all stages of a person’s life. Exist-
ing neighborhoods are the foundation of the community. Th e Plan seeks to
promote pride in property that results in maintenance and reinvestment
to sustain these great places to live. Looking to 2030, Monticello seeks to
expand the supply of “move up” housing that allows people to upgrade
their home without leaving the community. As the population ages, the
elderly will be drawn to Monticello because of the housing and health care
options.
Monticello provides the types and quality of services and amenities required
to attract and keep people in Monticello. Key among these factors are:
An excellent public education system.
Access to a wide range of quality health care services.
An unequaled system of parks, trails and recreation facilities including
the unique assets of the Monticello Community Center, the Mississippi
River and continued focus on the potential conversion of YMCA Camp
Manitou into a regional park.
A downtown area that combines a successful commercial district, com-
munity identity and heritage with connection to the Mississippi River.
A thriving place of commerce that provides needed goods and services
through businesses that are engaged in the civic life of Monticello.
Monticello seeks a wide range of employment opportunities with a growing
emphasis on jobs at higher wage levels that allow more people to live and
work in Monticello.
Th rough a combination of location and community characteristics, Monti-
cello has the opportunity to become an important regional center for jobs,
shopping and health care between the Twin Cities and St. Cloud. Monticello
seeks to seize this opportunity in a manner that benefi ts the community.
te to possess many assets, including a beautiful setting, l d b f l
, and a rich heritage. Th e Comprehensive Plan seeks
enhance these assets in building a great place to live,
Planning Framework
Chapter Contents
Overview of the Plan ..................1-2
Role of the Plan .........................1-2
Th e 2008 Update ......................1-2
Organization of the Plan .........1-3
Authority to Plan ........................1-4
Using the Plan ...........................1-4
Adopting the Plan ....................1-4
Amending the Plan ..................1-4
Annual Updates ........................1-5
Modifying Land Use Controls 1-5
Nonconforming Uses ..............1-6
Subdivision Regulations .........1-6
Project Evaluation ......................1-6
What is a Project? ....................1-6
Next Steps ....................................1-7
Zoning Ordinance....................1-7
Subdivision Regulations .........1-7
Park Dedication Ordinance ...1-7
Natural Resources Inventory .1-7
Transportation Plan .................1-8
Downtown .................................1-8
Financial Management Plan ..1-8
1-2 | Planning FrameworkCity of Monticello
Monticello’s population will continue to become more
diverse. Th is diversity will be seen in age, race, culture
and wealth. Th e Plan must be fl exible enough to re-
spond to change while remaining true to core values
and qualities.
Monticello must be a safe place to live, work, shop, and
travel.
Monticello has a beautiful natural environment. Th e
Plan seeks to use the environment as a catalyst for de-
velopment while preserving natural assets for public use
and future generations.
All actions should work to make Monticello sustainable
socially, economically and environmentally. Steps taken
today also look to providing resources to maintain and
enhance Monticello in the future.
Th is statement describes the vision for the future of
Monticello. It describes the fundamental qualities and
principles aspired to by the Monticello community. It
is a snapshot of how Monticello should look, feel and
function in the future. Th e vision provides the basic
framework for planning and decision-making by pre-
senting a benchmark against which future actions can
be measured. When faced with a decision that will
aff ect the community’s future, decision-makers can
ask how the potential results might fi t with and move
the community towards the vision for the future as
articulated in the Comprehensive Plan. Th e City of
Monticello has created and adopted this Comprehen-
sive Plan as a means for realizing this vision.
Overview of the Plan
Role of the Plan
The Comprehensive Plan is a tool for guiding the
growth, redevelopment and improvement of Monti-
cello. Th e traditional view of the Comprehensive Plan
focuses on land use. Th e Land Use Plan describes the
use of property within Monticello. It reinforces desir-
able land use patterns, identifi es places where change is
needed and sets the form and location of land for future
growth. Th e vision for Monticello is more, however,
than a rational pattern of development.
Th e Comprehensive Plan has far broader implications
for shaping the character of the community and the
quality of life in Monticello.
Th e Plan seeks to create and sustain the elements
that defi ne the character, heritage and identity of
the place that is Monticello.
Th e Plan infl uences the economic health of the
community. Th e Plan seeks to attract new in-
vestment and guide it to proper locations in the
community. Th e Plan protects the investment in
existing properties by promoting strong residential
neighborhoods and business districts.
Th e Plan shapes the future of municipal govern-
ment. Public improvements are needed to facilitate
and sustain development. Th e form of develop-
ment infl uences the character of the local popula-
tion and the demand for public services.
The 2008 Update
Th e 2008 Comprehensive Plan updates the previous
Comprehensive Plan adopted by the City in 1996. Th e
ongoing growth and development creates the need to
update the Comprehensive Plan. It is essential to look
back and evaluate how Monticello has grown and to
consider the opportunities and challenges that lie in
the future. An important catalyst for this update to
the Comprehensive Plan was the 2005 Orderly An-
nexation Agreement with Monticello Township. Th e
Agreement creates the means for the orderly expansion
of the City and the protection of the surrounding rural
area. Th e 2008 Comprehensive Plan provides the tools
for achieving these objectives.
While the 2008 Comprehensive Plan continues direc-
tions and policies set by prior planning, it is more than
a refreshening of the document. Th e framework for
the comprehensive plan has been restructured. Th e
1996 Plan contained three chapters: Inventory, Goals
and Policies, and Development Framework. Th e 1996
Plan also includes appendices with Inventory Data and
Tactics Report.
Th e 2008 Comprehensive Plan consists of a series of
interrelated chapters. Th ese chapters work collectively
to create a plan for the future of Monticello. Th e chap-
ters of the Comprehensive Plan include:
Planning Framework | 1-32008 Comprehensive Plan
Planning Framework
Community Context
Land Use
Economic Development
Parks
Transportation and Utility System Plans
Th is structure reorganizes the Comprehensive Plan into
a more conventional and usable format.
Th e 2008 Comprehensive Plan was adopted by the City
Council on May 12, 2008.
Organization of the Plan
Planning Framework describes how the Comprehensive
Plan should be used to achieve Monticello’s vision and
goals for the future.
Using the Comprehensive Plan requires an understand-
ing of the Community Context that shapes plans and
policies for Monticello. Th e 2008 update of the Com-
prehensive Plan was not created in a vacuum. Input
from the public was a critical source of information and
guidance. Th e Plan draws on a wide range of informa-
tion that describes the Monticello of today and forces
that will infl uence the future.
Th e Land Use chapter seeks to guide the use of land in
order to realize the Vision for the future of Monticello.
It forms the practical foundation of the Comprehensive
Plan. Land use patterns defi ne community identity.
Th e organization of residential, business, and public
land uses infl uence how people live, work and play in
Monticello. Th e Land Use chapter promotes strong
residential neighborhoods, a fl ourishing industrial base,
a vibrant downtown core, focused commercial areas,
and numerous recreational opportunities.
In a perfect world, the market would operate within this
land use framework and meet the development needs
of the community. Unfortunately, certain community
objectives may not be met relying solely on land use
regulations and market forces. Th e other chapters of the
Comprehensive Plan address areas of public policy and
action that work with the land use plan to achieve the
overall community objectives set forth in the vision.
Another critical area of city involvement is economic
development. Creating jobs and expanding the tax
base are important elements of Monticello’s vision. Th e
Economic Development chapter describes goals and
strategies beyond the management of land use.
Parks and trails are excellent examples of how municipal
investments enhance the quality of life in Monticello.
Parks provide places for the community to gather and
play. Th ey also provide a means for protecting natural
features, open spaces, and other aspects of Monticello’s
rural heritage. A system of trails connects the commu-
nity and allows for safe movement outside of our cars.
Th e Parks chapter of the Comprehensive Plan describes
Monticello’s plan to maintain, expand and enhance the
system of parks, trails, recreational facilities and open
space. It becomes a new chapter of the Comprehensive
Plan. In the 1996 Plan, parks and trails are addressed
in the Development Framework.
Th e 2008 Comprehensive Plan envisions that other city
policy plans will be distilled to form new chapters in
the Plan. Transportation is an example of a municipal
function that should be supported by a chapter in the
Comprehensive Plan. Th ere are signifi cant inter-rela-
tionships between land use and transportation. Streets
provide the initial capacity for land to develop. Land
use produces the vehicle trips that determine roadway
use and operations. Future street function and charac-
ter infl uence land uses adjacent to and served by street
corridors. A draft Transportation Plan was completed
in 2006. It is the intention of the City to review the draft
Transportation Plan in light of the land use changes in
the 2008 Comprehensive Plan. Th e adopted Transpor-
tation Plan creates the information needed to create a
Transportation chapter of the Comprehensive Plan. It
is not recommended that the Transportation Plan be
adopted in its entirety as a chapter of the Comprehen-
sive Plan. Rather, the Transportation chapter of the
Comprehensive Plan should be a separate document
that includes the key transportation plans and poli-
cies that need the support of the Comprehensive Plan
and the coordination with other Plan chapters. Th is
approach does not encumber the technical and other
policy data in the Transportation Plan with the legal
standing of a municipal comprehensive plan.
1-4 | Planning FrameworkCity of Monticello
Th is approach should also be applied to other aspects of
municipal government that play a role in implementing
the Comprehensive Plan. Areas to consider for addi-
tional chapters in the Comprehensive Plan include:
Sanitary sewer
Water supply
Surface water management
Natural resources
Housing
Appendix A summarizes the public input collected dur-
ing the process of updating the Comprehensive Plan.
Authority to Plan
Th e power to create and employ a comprehensive
plan comes from State Law. Minnesota Statutes,
Sections 462.351 to 462.364 contains the planning
powers granted to Minnesota cities. Specifi cally, M.S.
Section 462.353, Subd. 1 authorizes the City to “carry
on comprehensive municipal planning activities for
guiding the future development and improvement of
the municipality and may prepare, adopt and amend
a comprehensive municipal plan and implement such
plan by ordinance and other offi cial actions.” Th is Plan
is created and adopted under this statutory authority.
For reference, portions of State Law (2006) related to
the Comprehensive Plan are included in Appendix A.
Th e Comprehensive Plan lays the foundation for land
use management and control. Th e City has adopted
zoning and subdivision regulations to implement the
Plan. Th ese regulations describe the limitations and
procedures for the use of land in Monticello.
Using the Plan
Th e Comprehensive Plan is the most important tool for
guiding the future of Monticello, but the plans, goals,
and policies contained within can only be achieved if
the Plan is used. Th e purpose of this section is to pro-
vide guidance on using the Comprehensive Plan.
Adopting the Plan
Th e process for adopting the Comprehensive Plan
begins with the Planning Commission. State Law
requires that the Planning Commission hold at least
one public hearing on the proposed Plan. After public
comments are received, the fi nal document is prepared
and presented to the Planning Commission for recom-
mendation to the City Council. Th e Plan is adopted by
resolution of the City Council that requires approval
of two-thirds of all of its members.
Amending the Plan
Th e Comprehensive Plan tries to anticipate the future of
Monticello. Some conditions will be addressed by the
Plan; other changes may be unexpected or even beyond
the scope of the Plan. Responding to these changes may
require amendments to the Comprehensive Plan.
Th e Plan should not be amended capriciously. Th e care
that was given to the creation of this plan must also be
applied to any amendment.
Amendments to the Comprehensive Plan may take
several forms:
Changes in the map or categories of the Land Use
element.
Changes in other elements of the Plan.
Plans and other studies that become part of the
Comprehensive Plan.
Updating of entire sections of the Plan.
Addition of new chapters as needed to accomplish
the goals and policies of this Plan.
Revisions related to major geographic sections of
the community.
Amendments to the Plan may originate from the Plan-
ning Commission, City Council or another party with
a vested interest in aff ected property. Adoption of
amendments, however, can only be accomplished by
City Council resolution. All amendments are subject to
the same public hearing and two-thirds vote require-
ments as the adoption of the original plan. Council
initiated amendments, however, may not be adopted
until the Council has received a recommendation
from the Planning Commission, or until 60 days have
elapsed from the date of submission to the Planning
Commission.
Planning Framework | 1-52008 Comprehensive Plan
Annual Updates
A strategy for keeping the Comprehensive Plan up to
date and relevant is through an annual review of the
Plan and development trends. Th is annual review
could include:
Development trends and projects from the current
years.
Summary of amendments to Comprehensive
Plan.
Discussion of current development issues and im-
plications for the Comprehensive Plan.
Th is approach keeps an active and current focus on
achieving the vision for Monticello and the use of the
Comprehensive Plan.
Updating growth projections is an important part of
an annual review. Th e City should lead an annual and
collaborative approach to updating these projections.
An annual update should be based on a discussion
among key stakeholders including the City, developers,
the business community and the School District. Th is
approach ensures that the projections are based on
the best possible information and that all stakeholders
are using common assumptions about future growth.
Another benefi t of this approach is an ongoing forum
for the discussion of recent trends and the future of
Monticello.
Modifying Land Use Controls
State Law requires that the Comprehensive Plan contain
guidelines for the timing and sequence of the adoption
of offi cial controls necessary to ensure planned, orderly,
and staged development and redevelopment consis-
tent with the Land Use Chapter. Offi cial controls may
include ordinances establishing zoning, subdivision
controls, site plan regulations, sanitary codes, building
codes and offi cial maps.
Zoning Regulations
State Law views zoning regulations as a critical tool for
implementing the Comprehensive Plan. Minnesota
Statutes, Section 462.356 states:
“…the planning agency [Planning Commission] shall
study and propose to the governing body [City Coun-
cil] reasonable and practicable means for putting the
plan or sections of the plan into eff ect. Subject to
the limitations of the following sections, such means
include, but are not limited to, zoning regulations, for
the subdivision of land, an offi cial map…”
Th e City has adopted zoning regulations (Title 10 of the
City Code) for the purpose of carrying out the policies
and goals of the land use element of the Comprehensive
Plan. Th e application of zoning districts and the specifi c
regulations must support the objectives of the Com-
prehensive Plan. Adopting an updated Comprehensive
Plan should immediately be followed by a review and
modifi cation of the zoning ordinance.
In a broad sense, this review of the zoning ordinance
should examine the following items:
Th e regulations for each zoning district should be
reviewed to determine if they fi t with the intent of
the Comprehensive Plan.
Zoning districts should be examined in relationship to
land use designations. Changes in zoning districts will
be needed to match zoning with land use.
One of the policy decisions the City will need to make is
how to implement the land use plan through the zoning
district designations. In the Twin Cities metropolitan
area, State Law (the Metropolitan Land Planning Act -
Minnesota Statutes, Section 473) mandates consistency
between the land use plan and zoning regulations. Out-
side of the metropolitan area, there is not a statutory
requirement for consistency. While the goal should
be a clear and strong connection between the land use
plan and zoning, Monticello has fl exibility on how and
when to make changes. Strategies include, but are not
necessarily limited to, the following:
Keep current zoning in place until such time as the
use terminates or redevelopment is initiated.
Rezone property to a zoning district compatible
with a land use plan category.
Develop an interim strategy to address current use
situations as they relate to long term objectives.
1-6 | Planning FrameworkCity of Monticello
It is essential, however, to remember that zoning regula-
tions control the use of land. If Monticello chooses a
strategy that does not immediately create consistency,
then the City must have a clear strategy for when
changes are made.
Nonconforming Uses
Changes in zoning districts may create nonconform-
ing uses. Such uses occur when the existing land use
is not allowed within the zoning district. In most
cases, when these situations arise as the result of a new
Comprehensive Plan, the goal is not to infl uence an im-
mediate change in property use. Instead, the objective
is to guide future investments to achieve the outcomes
desired by the Comprehensive Plan.
Nonconforming uses are controlled by Section 9.15 of
the City Code. A review of the zoning regulations will
provide the context for an evaluation of the noncon-
forming provisions. Th is evaluation, in turn, may point
to Ordinance changes that will assist in the reasonable
transition of nonconforming land uses.
Subdivision Regulations
While the land use plan has direct implications for zon-
ing, the Comprehensive Plan does not have comparable
eff ects on the land subdivision and platting regulations.
Changes in these regulations are not required for the
immediate adoption of the Plan, but are recommended
in order to incorporate some of the concepts discussed
in the Plan.
Project Evaluation
In adopting the Comprehensive Plan, the City of Mon-
ticello makes a commitment to use the Plan as a means
of evaluating a variety of private and public projects.
Th is evaluation requires using a series of questions to
consider the merits of a project:
Is the project consistent with the land use plan?
Does the project move Monticello towards its vi-
sion for the future?
Is the project consistent with the policies contained
in the Plan?
A negative answer to one or more of these questions
may illustrate fl aws in the proposed project. Th ese
fl aws may be fundamental and require denial of the
project, but modifi cations to the project that bring it
into compliance with the Comprehensive Plan may be
possible. Negative answers to the questions listed above
might, however, point to a need to amend the Plan
(see Amending the Plan). In such situations in which
a noncompliant project underscores a potential fl aw in
the Plan, then the project should be approved and an
eff ort to properly amend the Plan should be initiated.
Repeated failures to amend the Plan in order to allow
worthy projects to move forward will eventually render
the Comprehensive Plan useless.
What is a Project?
To apply this process, it is helpful to defi ne a “project.”
Th is defi nition has both practical and legal consider-
ations. For the purposes of the Comprehensive Plan,
the following items are considered projects:
Platting of land for private development
Rezoning of property
Acquisition and disposition of public lands
Construction of public improvements
Provision of fi nancial assistance to private devel-
opment
Th e discussion that follows examines each type of
project in greater detail.
Platting
Th e Land Platting and Subdivision Regulations of the
City Code do not require consistency with the Compre-
hensive Plan as a prerequisite for approving a prelimi-
nary and fi nal plat. Th e regulations do tie back to the
Comprehensive Plan for certain aspects of subdivision
design, such as streets and parks.
Rezoning
Rezoning that changes the use of a parcel should not
be undertaken without corresponding changes to the
Land Use chapter of the Comprehensive Plan. Th e Plan
and the zoning regulations act in concert to manage
land use. Th e zoning regulations do not specifi cally
require the City Council or Planning Commission to
Planning Framework | 1-72008 Comprehensive Plan
consider relevant provisions of the Comprehensive
Plan as part of the review of proposed amendments to
zoning regulations.
Acquisition and Disposition of Public Lands
According to State Law (M.S. Section 462.356, Subd.
2), publicly owned land within the City cannot be ac-
quired or disposed of until the Planning Commission
has reviewed the proposal and reported in writing to
the City Council as to the compliance of the proposed
action with the Comprehensive Plan. Th e City Council
may, by resolution adopted by two-thirds vote, dispense
with this requirement when it fi nds that the proposed
acquisition or disposal of real property has no relation-
ship to the Comprehensive Plan.
Construction of Public Improvements
Th e Comprehensive Plan guides capital improvements
by all political subdivisions. No capital improvements
shall be authorized by the City (and its subordinate
units) or any other political subdivision having jurisdic-
tion within Monticello until the Planning Commission
has reviewed the proposal and reported in writing to
the City Council as to the compliance of the proposed
action with the Comprehensive Plan (M.S. Section
462.356, Subd. 2). As with land transactions, this
requirement can be dispensed by Council resolution
if the capital improvement has no relationship to the
Comprehensive Plan.
Provision of Financial Assistance
Tax increment fi nancing is the only fi nance tool for-
mally tied to the Comprehensive Plan. State Law
requires that the City fi nd that a TIF plan conforms
with the Comprehensive Plan. As a matter of policy,
similar evaluation should apply to other forms of public
fi nancial assistance. In agreeing to provide fi nancial as-
sistance to private development, it is reasonable that the
City Council determines that the development furthers
the objectives of the Comprehensive Plan.
Next Steps
Updating the Comprehensive Plan is one step in the
ongoing process of guiding development and public
investments. Th e Comprehensive Plan identifi es a
series of next steps in this process.
Zoning Ordinance
A priority should be given to the review and updating
of zoning regulations. Th e vision and objectives of the
Comprehensive Plan will not be achieved unless zoning
regulations are aligned with the Plan. Outside of the
seven-county metropolitan area, zoning regulations
control the use of land, regardless of their consistency
with the Comprehensive Plan.
Subdivision Regulations
Subdivision regulations are another important land use
management tool for the City. Th ese regulations should
be reviewed to identify and adopt changes that enhance
the ability to implement the Comprehensive Plan. In
particular, the review of the subdivision regulations
should focus on compliance with current State Law,
support for zoning regulations, protection of natural
resources, and dedication of park land.
Park Dedication Ordinance
Th e statutory power to require the dedication of park
land is an essential tool for implementing the Compre-
hensive Plan. Th e park dedication ordinance should be
updated to provide consistency with the Comprehen-
sive Plan and compliance with current State Law.
Natural Resources Inventory
A natural resources inventory (NRI) would identify the
type, location and signifi cance of natural features in
Monticello and the orderly annexation area. Informa-
tion from a NRI is invaluable in:
Identifying areas of environmental signifi cance that
need public protection.
Coordinating development proposals with the
natural environment.
Planning for a greenway system around Monti-
cello.
1-8 | Planning FrameworkCity of Monticello
Transportation Plan
An updated Transportation Plan has remained in draft
form pending completion of the Comprehensive Plan
update. Th e draft plan should be reviewed to ensure
consistency with the Comprehensive Plan and adopted.
A summary of the adopted Transportation Plan should
be added as a chapter in the Comprehensive Plan.
Th e Comprehensive Plan highlights several important
transportation initiatives for continued planning. Th ey
include:
Evaluating of the feasibility of a new west inter-
change with I-94.
Ongoing management and mitigation of traffi c on
TH 25 between I-94 and the River.
Planning for the construction of the Fallon Avenue
Bridge, the reconstruction of Fallon Avenue and the
related expansion of municipal utility systems.
Coordinating development projects to protect
future collector street corridors.
Evaluating transit opportunities to maximize the
use of the Northstar project and other transit op-
portunities.
Ensuring that pedestrian facilities are provided
throughout the City and across major transporta-
tion corridors.
Coordinating with regional transportation ef-
forts.
Downtown
Th e process of updating the Comprehensive Plan did
not discover an immediate need for another Down-
town planning project. Instead, the Downtown area
of Monticello requires ongoing public attention and
development assistance in the form of:
Inventory of actions that could be taken to enhance
the Downtown.
Prioritization of these actions.
Creation of an annual “action plan” that lists of
objectives for 2008, allocates needed resources and
assigns roles and responsibilities.
Study of traffi c and movement issues in the Down-
town area and the creation of a plan to resolve
these issues.
Establishment of a process that brings together
Downtown stakeholders to review results of the
past year and to set the action plan for the coming
year.
Financial Management Plan
Th e Comprehensive Plan has many fi nancial implica-
tions. Th e creation and use of a fi nancial management
plan will help to identify, prioritize and fund the ac-
tions needed to implement the Comprehensive Plan.
A fi nancial management plan will be a tool to ensure
that available fi nancial resources are used in the most
eff ective manner. It also encourages actions that are
fi nancially sustainable.
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City of Monticello
Housing Report
November 30th, 2010
Housing Stock Inventory
Total Number of Housing Units, Built: 5,352
Includes all occupied and unoccupied single-family, duplex, townhome, tri-plex, individual
apartment units and manufactured home units.
Source: City building and plat records, Wright County classification information
Total Number of Housing Units, by Housing Type
o Single-Family: 4,002
o Duplex/Tri-plex: 20
o Multi-Family Residential Buildings (1-3 units): 19
o Multi-Family Residential Buildings (4 + units): 49
Multi-Family – Individual Unit Count: 752
Senior Complexes – Individual Unit Count: 169
o HUD Housing Buildings: 9
o Mobile home, trailer, or other: 409
Source: Wright County classification information, City building records
Residential Lot Inventory
Total Number of Final Platted (Buildable) Lots: 4,451
Counts manufactured home park units as individual lots, counts apartment buildings as
one lot. Excludes outlots.
Source: City building and plat records
Total Number of Final Platted (Buildable) Lots, Vacant: 483
o By Development/Location:
Autumn Ridge: 72
Balboul Estates: 1
Briar Oakes : 1
Carlisle Village: 51
Club West: 7
Featherstone: 46
Groveland: 4
Hillside Farm: 51
Hunters Crossing: 58
Lower Monticello: 8
Monticello: 51
Pine View: 3
Spirit Hills: 24
Sunset Ponds: 106
Source: City building and plat records
Lots to be Final Platted based on Preliminary Plat Approval: 498
Ratio of Lots Built-Out to Final Platted Lots Available: 4,451/4,934 or 90%
Ratio of Lots Built-Out to Preliminary Platted Lots Available: 4,451/5,432 or 82%
Source: City building and plat records
Total Number of Lots, by Zoning (Final Platted)
Totals below include all final platted lots, including vacant parcels. The total number of
units (5,130) does not exactly match the “Total Number of Housing Units, Built” above, as
the count is based on City plat/building records versus County tax classification records.
The total number of units (5,130) exceeds the total number of “Final Platted and Buildable
Lots” due to the fact that in the “Final Platted and Building Lots” calculation, apartment
buildings are counted as one lot. Below, each individual unit is counted separately for
zoning classification purposes. Remember, not all apartments buildings/units are zoned
R-4.
o R-1A: 210
o R-1: 2,052
o R-2A: 93
o R-2: 881
o R-3: 271
o R-4: 409
o RPUD: 160
o CCD: 305
o PZM: 629
o PS: 120
Source: City building and plat records
Total Number of Lots, by Zoning (Preliminary and Final Platted)
Totals below include all platted lots – preliminary and final, including vacant parcels. The
total number of units exceeds the total number of “Final Platted and Buildable Lots” due
to the fact that in the “Final Platted and Building Lots” calculation, apartment buildings
are counted as one lot. Below, each individual unit is counted separately for zoning
classification purposes.
o R-1A: 291
o R-1: 2,222
o R-2: 1,043
o R-2A: 164
o R-3: 271
o R-4: 409
o RPUD: 160
o CCD: 305
o PZM: 629
o PS: 120
Source: City building and plat records
Occupancy and Status Inventory
Status of Built-Out Lots
o Total Number of Owner-occupied Units: 3,207
(Based on Wright County’s Homestead Designation)
o Vacant – For Sale Units: 102 (MLS, November 30th, 2010)
88 Single-Family
o Vacant – Foreclosed Units: 78 (as of November 23rd, 2010)
o Year-to-Year Comparison, Foreclosures: 198 (November, 2009)
78 (November, 2010)
Source: Minneapolis MLS, Wright County
Rental Unit Vacancy: As of December 3, 2010
Vacant Units Total Rental Units
1 54 Bluffs, The
1 28 Broadway Square
0 36 Cedar Crest
11 Chock
3 Cornerstone
8 Courtyard
0 15 Hammer
0 48 Hillside Properties
1 24 Jefferson Heights
3 8 Jens Rivervue (evictions)
0 8 Jyro
4 Jude
8 Klick
1 11 Landmark Square
1 18 Lincoln Estates
4 Longley
1 24 Marywood
49 Mississippi Shores
0 12 Monticello Manor
3 60 Monticello Village
2 8 Park Place
12 Pointe, The
8 Ramsey Townhomes
1 48 Ridgemont
0 44 Ridgeway
0 31 River Park View
24 River Road
1 8 Rowan
8 60 St. Benedicts (The Towers)*
1 15 Seventh Street Townhomes
0 35 Silver Crest
0 12 Smith & Assoc
0 12 Terrace Six
3 26 Terrace View
14 Twelve Oaks Townhomes
1 24 Washington Square
0 48 Westcello
29 862*
*Does not include St. Benedict senior care
Market Absorption
Average duration on market (trends):
o 1-unit detached
o 2 to 4 units
o 5 to 9 units
Average sale price
o 1-unit detached
o 2 to 4 units
o 5 to 9 units
City Council Agenda: 06/28/10
1
10. Consideration of approving a Comprehensive Plan Amendment, Conditional Use Permit
for Cross Parking, Cross Access and Drive-Through Facility and Preliminary Plat and
Final Plat for the proposed Nicolle Addition, a commercial development in the CCD
(Central Community District).Applicant: Semper Development. (NAC/AS)
A. REFERENCE AND BACKGROUND:
PLANNING COMMISSION INFORMATION
The Planning Commission reviewed these requests during a public hearing held on June
8th, 2010.
During the public hearing, the majority of comment was related to the proposed
transportation improvements supporting the development. These comments included
those from residents along River Street, who indicated some concern regarding the
proposed cul-de-sac at River and Cedar. The City Council has since heard and
addressed these comments in a subsequent hearing on the NE Quadrant project
improvements.
A concern was also noted by Myrna Anderson, a property owner on the block,
regarding on-street parking on Cedar Street. She sought assurance that this proposal
would not remove that parking. Staff confirmed that this proposed project does not
include any loss of parking on Cedar.
Public comment was also taken on the amount of parking provided on site. Planner
Grittman confirmed that the amount of parking shown, while less than that required by
the straight zoning requirements for retail, does meet code. This is because the CCD has
a special provision allowing for a reduction if parking is allowed for public use (this
provision will be specified by development agreement) and due to proximity of other
public and on-street parking facilities. Conceptual plans also illustrate the opportunity
for additional on-street parking on River Street.
In their review of the project, the Planning Commission expressed general support for
the land-use applications. The Commission confirmed that the building height was
permitted in the CCD and that the landscaping improvements as shown were sufficient
to meet the code and fitting given this project’s prominence at the corner of CSAH
75/TH 25. Planner Grittman noted that the overall site landscaping treatments were
consistent with the streetscape plan and met code requirements. However, he did
explain that the conditions of approval did recommend for enhancement of sign base
landscaping.
The Commission did request that greater color variation be provided in the final
building elevation plans. Although the building elevations do exhibit a number of height
articulations, the Commission felt that additional color variation would provide better
visual definition to the building. The developer was present and agreed that such an
improvement would be acceptable.
City Council Agenda: 06/28/10
2
The developer indicated that the balance of conditions listed were acceptable.
Council will note that most of the conditions listed in Exhibit Z are minor and will be
addressed in the final record plan sets. The most notable plan adjustments relate to the
right of way. Right of way adjustments include the shifting of the entire site toward the
north, which will accommodate the right of way needs for the dual right turn lanes on
CSAH and adequate visibility for the development’s free-standing sign. The plan/plat
documents will also be adjusted for final right of way configurations on CSAH 75 and
TH 25.
The Planning Commission recommended approval of all requests in a 4-1 vote.
Commissioner Spartz voted in dissent, citing his opinion that the current downtown
planning effort be complete prior to approval of the comprehensive plan amendment
and corresponding land use approvals.
BACKGROUND
Semper Development has submitted plans calling for the construction of a 14,820 square foot
Walgreens drug store upon a 1.5 acre site located north of Broadway Street and east of Pine
Street (Highway 25). In addition to the drug store building, a two story, 5,166 square foot
commercial building has also been proposed at River Street. The subject site is zoned CCD,
Central Community District, the intent of which is to implement the various plans and
provisions of the City‟s Downtown Plan.
To accommodate the proposal, the following specific approvals are necessary:
1. Comprehensive Plan (Downtown Plan) Amendment
2. Preliminary/Final Plat (Nicolle Addition)
3. Conditional Use Permit (to allow an accessory drive-through lane and cross
parking/access)
ISSUES
Comprehensive Plan Amendment
In 1997, the City adopted a Plan for the Monticello Downtown entitled “A New
Bridge: Revitalizing Monticello‟s Downtown and Riverfront”. Generally speaking,
the Downtown Plan directs development which builds upon the traditional character of
the Downtown and reinforces Monticello‟s small town qualities. In this regard, the
Plan includes several policy statements applicable to the proposed placement of the
drug store upon the subject property.
According to the Downtown Plan, buildings should be placed along Broadway Street
to create a strong “edge” to the street. The Plan further states that street corners
City Council Agenda: 06/28/10
3
should be occupied by a significant use and parking lots at street intersections should
be prohibited.
The Plan specifically directs a “build to” line of zero feet (or a zero lot line setback)
along Broadway Street and a 100 percent “build out” along the street except if
pedestrian passages and plaza spaces are developed.
While structures are proposed to abut Pine and River Streets, the drug store‟s parking
lot is proposed to border Broadway Street. Thus, the proposal is not consistent with
the current policies of the City‟s Downtown Plan.
To address this inconsistency, an amendment to the Downtown Plan is necessary. In
this regard, the following draft language should be considered:
At the intersection of Broadway and Pine Streets, parking lots may be
constructed only when all of the following conditions exist:
Applicable traffic safety and access requirements limit the ability to
comply with building location standards of this Plan.
At least fifty (50) percent of either the Broadway or Pine Street
frontage is occupied by a building (non-parking area).
An alternative vertical element is located at the street corner which, as
determined by City Officials, establishes an architecturally
compatible corner presence. Such elements may include, but not be
limited to public art, interpretive signage, architectural business
signs and architecturally appropriate lighting.
While making an allowance for the proposed Broadway Street parking lot, it is
believed the preceding language maintains a present intent of the Downtown Plan by
continuing to promote visually dominant street corners.
Preliminary/Final Plat
Process. As part of the development of the subject property, the formal platting of the
land has been proposed. In this case, the applicant has requested simultaneous
preliminary/final plat approval. The platting is essentially a replat of existing lots to
accommodate the new building configurations.
Streets. As part of the subdivision, right-of-way is proposed to be dedicated along both Pine
and Broadway Streets. The acceptability of right-of-way dedications as should be subject to
comment and recommendation by the City Engineer. Two recommendations of the City
Engineer are particularly relevant to this application.
City Council Agenda: 06/28/10
4
First, to accommodate the right turn lanes from west-bound Broadway to north-bound TH 25
(Pine), an additional triangular area of right of way dedication is necessary at the southwest
corner of Block 53. Engineering staff has produced a drawing that illustrates this additional
right of way.
The second recommendation flows from the first. By taking the triangular area of right of
way at the corner of Broadway and Hwy 25, the applicant‟s sign and parking area will no
longer fit on the property as originally anticipated. As a result, the Engineers are
recommending that the site development shift four feet to the north. This will require a
vacation of a four foot sliver of the River Street right of way along the width of the property.
This vacation is described in a separate item on this agenda and requires a separate public
hearing. Engineering staff indicates that grades and adequate right of way will still remain to
accommodate sidewalk and street reconstruction of River Street as a part of this project.
MN/DoT has also reviewed the plats as submitted and has provided comments. A secondary
review by MN/DoT will be required once the final plat is resubmitted based on the approved
right of way configuration.
Lots. The proposed subdivision (Nicolle Addition) consists of three lots, the use and
area of which are summarized below:
Lot # Use Lot Area
1 Walgreen‟s Drug
Store (proposed)
46,445 square feet
2 Commercial
Building
(proposed)
8,871 square feet
3 Existing
Commercial
Building
15,297 square feet
The applicable CCD, Central Community District, does not impose a minimum lot area or lot
width requirement. Thus, all proposed lots meet the minimum dimensional requirements of
the Ordinance.
While a minor issue, it should be noted that the areas of lots 1 and 2 are incorrectly listed on
the area summary included on the preliminary plat drawing. This should be corrected as a
condition of preliminary/final plat approval.
Easements. Appropriately, the preliminary and final plat drawings illustrate drainage and
utility easements. The acceptability of such easements should be subject to comment and
recommendation by the City Engineer.
As shown on the submitted site plan, Lots 1 and 2 share both access and parking. In this
regard, cross parking and access easements should be established. This issue and the
City Council Agenda: 06/28/10
5
easement documents to be prepared by the applicant should be subject to comment and
recommendation by the City Attorney.
As a separate document, the applicants will be asked to dedicate easements for
pedestrian/sidewalk purposes along TH 25 and East River Street, as the public sidewalk will
be partially located on the applicant‟s private property. The location of the sidewalk on TH
25 will accommodate green space between Pine Street and the sidewalk along most of the
Pine Street frontage.
Park Dedication. The City does not impose any park dedication requirements upon
commercial subdivisions.
Conditional Use Permits
Drive-Through Lane. As shown on the submitted site plan, a drive-through lane has been
proposed on the east side of the drug store building. In CCD zoning districts, accessory drive-
through facilities are allowed via conditional use permit and are subject to the following
requirements:
1. Service through drive-through facilities is accessory to interior on-site or
sit-down service within the same building.
2. Drive-through lanes are designed to avoid disruption of pedestrian and
vehicular traffic flow both on and off-site.
3. Landscaping and other site improvements are included which screen
automobile stacking space from the public street.
4. 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.
5. The building site and signage meet the standards for the CCD district
and design review is conducted by the Planning Commission.
6. The proposed use demonstrates compatibility and consistency with the
City‟s Comprehensive Plan and Downtown Revitalization Plan.
As proposed, the drive-through lane measures 12 feet in width with approximately 60 feet of
stacking space behind the “pick up” window, (providing stacking space for three cars). The
proposed drive through lane is considered “low volume” (in comparison to “high volume”
coffee shop and fast food drive-through lanes). The amount of stacking space provided has
also proven itself to be sufficient in other Walgreens drug stores. In this regard, the proposed
drive-through lane satisfies applicable evaluation criteria of the Ordinance and is considered
acceptable.
City Council Agenda: 06/28/10
6
Access. Access to the site is provided from the north via River Street and the south via
Broadway Street.
It is understood that the Broadway Street access to the site is to be right-in only. With this in
mind, it is recommended that the configuration of the access drive be modified such that its
design is not conducive to right-out turning maneuvers.
Internally, future access to the adjoining property to the east has been provided for on the site
plan. A part of the cross-access and cross-parking Conditional Use Permit will be to
accommodate joint access with future redevelopment on the adjoining property. Staff is
suggesting that this element be included in the conditions of the approval on this site. Joint
access and parking is an essential element of the reduced overall parking supply allowed in
the CCD zoning district.
Curb cut locations and widths should be subject to comment and recommendation by the City
Engineer.
Off-Street Parking. As shown on the submitted site plan, off-street parking is proposed on
the south and west sides of the site. While, the configuration of the off-street parking area is
considered straight-forward and well conceived from a functional standpoint, as noted above,
a Comprehensive Plan Amendment is necessary to accommodate parking at the corner of
Broadway and Pine Streets (currently discouraged by the Plan).
For retail commercial uses, the Zoning Ordinance requires one off-street parking space per
200 square foot of floor area, with an allowance of 10% reduction for common or non-
productive areas. Under this scenario, a total of 67 spaces would be required for the drug
store and 23 stalls would be required for the two-story commercial building (totaling 90
spaces), which results in a final requirement of 81 spaces after the 10% allowance.
However, the Zoning Ordinance also allows a 40 percent reduction in off-street parking
supply requirements provided that cross parking/access easements are provided. In such a
scenario, the applicant could provide as few as 49 off-street spaces to comply with the
minimum.
The submitted site plan illustrates 66 off-street parking stalls, 56 stalls for the Walgreens store
and 10 stalls for the two story commercial building. Assuming cross parking/access
easements will be provided, applicable off-street parking supply requirements have been
satisfied. As a condition of CUP approval however, cross parking/access easements should be
provided.
According to the Ordinance, off-street parking stalls must not be less than nine feet in width
and 20 feet in depth, with drive aisles 24 feet in width. The applicants have designed the
project with 25 foot wide aisles and 18 foot deep stalls throughout. Staff is recommending
reconfiguration of the parking lot design to accommodate the full-sized parking stalls
wherever practical.
City Council Agenda: 06/28/10
7
Stalls depths of 18 feet have been allowed (as a City policy) for interior parking stalls which
allow for bumper overhangs, such as those adjacent to sidewalk areas where there will be no
interference with landscaping or snow storage. The applicant has stated that they will seek to
increase parking lot stall dimensions, including through slight narrowing of landscaped
islands.
Building Design. As shown on the submitted building elevations, the drug store and two-
story commercial building to the north are to be finished in face brick (“beige” and „light
iron” in color). Standing seam metal awnings (“dark bronze” in color) have been proposed
above window and door openings. While the proposed building colors are considered
generally acceptable, it is recommended that color samples and/or a color rendering of the
building (s) be provided for City review.
The drug store is a single story measuring just over 28 feet in height. The commercial
building to the north is to be two stories and measures 29 feet in height.
Architecture of the two buildings draws cues from historic, architecturally significant
commercial buildings in the Downtown area applying similar building materials, colors and
details. In this regard, the new buildings appear to “belong” in Downtown Monticello.
The subject site has significant visibility along Pine Street. Thus, particular care was taken in
the design of building elevations which face the street. As shown on the submitted elevations,
the west building facades include building entrances, windows, faux windows and awnings,
all of which contribute to a positive pedestrian experience.
The proposed building architecture is consistent with the directives of the City‟s Downtown
Plan.
As an informational note, City staff has been notified of potential concern for the structural
integrity of the building on the adjoining parcel to the east. The applicant should take
measures to ensure safe removal of the structures on the subject parcel as part of any
demolition permit.
Building Height. Unlike many zoning districts, the applicable CCD, Central Community
District establishes a minimum building height requirement. Specifically, a minimum height
requirement of 15 feet is imposed. At 28 and 29 feet in height respectively, both the drug
store and two-story commercial building exceed the minimum height requirement of the
district.
Landscaping. For commercial sites, a minimum of one overstory tree per 1,000 square feet
of gross building floor area, or one tree per 50 lineal feet of site perimeter, whichever is
greater, is required. The perimeter of the development site (excluding Lot 3) measures
approximately 1,020 lineal feet. As a result, 20 overstory trees are required as opposed to the
17 trees which would be required under the floor area calculation.
City Council Agenda: 06/28/10
8
As shown on the submitted landscape plan, a total of 18 overstory trees have been proposed
on the site. Proposed plantings include five White Pines, seven Honey Locust and six
Autumn Blaze Maples. The number of trees provided is two short of the minimum
requirement. The Honey Locust plantings include a number along the Broadway frontage, or
as part of the parking lot landscaping, complementing the City‟s Broadway streetscape.
A variety of shrubs and perennials are also planned for the site, including Alpine Current
shrubs, various perennials and flowers.
As noted, the number of proposed overstory trees is two short of the minimum supply
requirement. The Ordinance does however, allow for an equivalent of up to 50% of the
required number of overstory trees to be created through the use of overstory trees in
combination with other landscape design elements such as ornamental trees, shrubs, flowers,
and berming. In no case however, may the number of overstory trees be less than 50% of the
above formula. The burden shall be upon the developer to demonstrate by narrative and by
graphics how the equivalent effect is provided. The equivalent effect is subject to the
approval of the City Council.
After reviewing the number of proposed perennials (89) and shrubs (18), Staff recommends
accepting them as a substitute for the required number of trees. It must be recognized that the
subject site holds significant limitations in regard to landscaping. Zero lot line setbacks as
well as land devoted to access drives and sight visibility triangles leaves very little area on the
site which may be devoted to plantings. The ratio of plantings per available land area for
landscaping is considered consistent with the intent of the Ordinance.
One area where additional landscaping may be beneficial is the future development site of the
two-story building on the north half of the property. As discussed below, the landscaping on
this parcel will be an important component of the view of the north wall of the Walgreens
building, as well as the screening of the trash and loading area from the north.
The City will be examining opportunities to supplement the private landscaping with elements
that enhance the City‟s streetscape in the area. One such element will be the placement of the
City‟s bridge-rail segments that are in various locations throughout the core downtown area.
The use of these elements may be most appropriate at the corner of River Street and TH 25, as
well as to supplement the corner emphasis at Broadway and TH 25.
Signage
Pylon Sign. As shown on the submitted site plan, a drug store pylon sign has been
proposed at the corner of Pine and Broadway Streets. The sign measures 22 feet in
height and 87 square feet in area (per face). According to the Ordinance, pylon signs
may not exceed 22 feet in height and 100 square feet per face. Additionally, a 15 foot
setback from public rights-of-way is also required.
City Council Agenda: 06/28/10
9
While the sign meets all dimensional requirements of the Ordinance, it is believed an
opportunity exists to build upon the intentions of the City‟s Downtown Plan which
encourages strong edge treatments, particularly at block corners. While the proposal
succeeds at the corner of Pine Street and River Street, a strong visual “anchor” at the
Broadway Street/Pine Street corner is somewhat lacking. To address this issue,
consideration should be given to enhancing the freestanding sign. In this regard, the
sign could incorporate some of the materials used in the principal building(s). More
specifically, a visually dominant sign base could be constructed using the same masonry
course used on the principal building(s).
No pylon sign has been identified upon the northerly parcel (Lot 2) at this time. A
specific sign proposal is not expected until such time as a future building occupant has
been determined.
Wall Signs. As shown on the submitted building elevations, wall signage has been
proposed on the south and west sides of the drug store building. Specifically, the
following signs have been proposed:
South Elevation (Broadway) West Elevation (Pine Street)
Walgreen‟s Script (149.8 s.f.) Walgreen‟s Script (149.0 s.f.)
Photo (11.6 s.f.) Photo (11.6 s.f.)
Pharmacy (19.2 s.f.) Pharmacy (19.2 s.f.)
Note: 6 s.f. “exit box” signs are also proposed on north and south elevations
Including the proposed freestanding sign, a total of 480 square feet of signage has been
proposed upon the drug store parcel, significantly less than the 904 square feet allowed
by the Ordinance.
No wall signs have been proposed upon the two-story commercial building at this time.
As in the case of the pylon sign, a specific sign proposal is not expected until such time
as a future building occupant has been determined.
Trash. A trash enclosure is proposed between the two commercial buildings, along Pine
Street. According to the site plan, the enclosure is to be accessed from the east. While the
site plan notes that the western side of the enclosure is to be finished in masonry, no details
are provided. In this regard, it is suggested that similar colors and details be utilized on the
enclosure as on the two abutting commercial buildings. As a condition of CUP approval,
trash enclosure details should be submitted and approved by the City.
Considering that there is no timetable for the construction of the north commercial building,
question exists in regard to how the trash handling area will be screened on the north prior to
construction of the two-story building (which will ultimately be used to screen the area). This
issue should be addressed by the applicant by the submittal of a landscaping plan for the area.
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One option would be a fence, combined with a landscaped screening plan. The screening
should be tall enough to create an effective screen until the future building is constructed.
Lighting. As required, a photometric lighting plan has been submitted for review.
According to the Ordinance, any lighting used to illuminate an off-street parking area, sign, or
other structure must be arranged as to deflect light away from any adjoining residential zone
or public streets. The Ordinance further states that the source of lights must be hooded or
controlled in some manner so as not to cast light on adjacent property.
In regard to the degree of illumination, the Ordinance states that any light or combination of
lights which cast light on a public street may not exceed one (1) foot candle (meter reading) as
measured from the center line of said street. As shown on the lighting plan, this requirement
has been satisfied.
Commercial Building. According to the applicant, the two-story commercial building is to
be constructed as part the second phase of the development (when a tenant has been
determined). Because no timetable has been established in regard to building construction,
interim improvements to the future building site and site maintenance should be addressed by
the applicant (to the satisfaction of the City). As noted above, landscaping of this site should
be required, including some measures taken to enhance the view of the north wall of the
Walgreens building in the interim.
Grading, Drainage, and Utilities. City Engineering staff, the City‟s Consulting Engineer,
and Public Works staff have made comments relating to specific aspects of the project. Those
comments are attached to this report as an Exhibit, and are incorporated into the
recommendations made herein.
Development Agreement. It should be highlighted that the development approvals requested
here are conditioned on the execution of final development and redevelopment agreements.
Typically, the City approves a final plat concurrent with the development agreement.
However, the developer and the ultimate property owner, Walgreen‟s, have indicated that a
decision on the land use requests is a critical first step prior to drafting and execution of the
development agreement. As such, the final plat is submitted now for Council review. If
approved with the other land use requests, staff will begin drafting of the development
agreements.
Approval by the City Council and complete execution of the agreement will be required prior
to award of contract for the NE Quadrant improvements and final execution of the final plat.
The development agreement will require compliance with the plans as approved by the City
Council, will specify applicable development fees and charges, and will identify the special
assessment program for the developer‟s share of the NE Quadrant infrastructure
improvements.
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It should also be noted that a redevelopment contract will also be required to be executed with
the developer/property owners prior to the award of contract. The redevelopment contract
supports the use of excess TIF (from 1-22) for the City‟s share of the infrastructure
improvements on the basis of job creation on the site. More information on that item is
included with a separate item in this packet.
A1. Budget Impact: As reviewed in previous Council items, the proposed development is
supported by a number of infrastructure improvements. The City Council has ordered
the improvements, but will not formally begin the project until award of contract.
Based on the approved feasibility report, award of contract is on schedule for August
of 2010.
At that time, the developer will be required to execute a development agreement
assigning payment for their portion of the costs.
Additionally, it is required that at the time of final plat approval, all review costs
associated with the land-use applications be paid. As such, that condition has been
assigned in Exhibit Z.
A2. Staff Workload Impact: Staff time on the review of this project is being coded to the
project and is payable with review costs as noted above.
B. ALTERNATIVE ACTIONS:
The Planning Commission recommends alternative 1 under both decisions below.
Decision 1: Comprehensive Plan Amendment
1. Motion to approve the Comprehensive Plan (Downtown Plan) Amendment as
proposed in the staff report of June 28th, 2010, based on a finding that the proposal is
consistent with the City‟s Comprehensive Plan policies.
2. Motion to deny the Comprehensive Plan (Downtown Plan) Amendment based on a
finding that the proposal is not consistent with the City‟s Comprehensive Plan
policies.
Decision 2: Preliminary and Final Plat, Conditional Use Permits
1. Motion to approve a Preliminary/Final Plat and Conditional Use Permits based on a
finding that, with conditions, the proposal is consistent with the City‟s Comprehensive
Plan policies and applicable Ordinance requirements, subject to the conditions listed in
Exhibit Z.
2. Motion to deny the Comprehensive Plan (Downtown Plan) Amendment,
Preliminary/Final Plat and Conditional Use Permit based on a finding that the proposal
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is not consistent with the City‟s Comprehensive Plan policies and applicable
Ordinance requirements.
C. STAFF RECOMMENDATION:
Generally speaking, the submitted development plan is considered well conceived and
responds well to a variety of site design parameters.
A decision regarding the proposed Comprehensive Plan for Downtown Plan Amendment (to
allow parking at the corner of Broadway and Pine Streets) is considered a policy matter to be
determined by City officials. It is however, believed that via the incorporation of the
proposed Plan amendment language, a primary intent of the Plan (to achieve a visual presence
at the corners) can still be achieved.
Based on the preceding review, Staff recommends approval of the Comprehensive Plan
(Downtown Plan) Amendment, Preliminary/Final Plat and Conditional Use Permit subject to
the conditions outlined in Exhibit Z.
D. SUPPORTING DATA:
A. Preliminary Plat
B. Final Plat
C. Site Plan dated 4/22/10
D. Grading & Drainage Plan dated 4/21/10
E. Utility Plan dated 4/22/10
F. Landscape Plan dated 4/22/10
G. Floor Plan dated 8/29/06
H. Building Elevations dated 4/30/10
I. Sign Plan dated 4/30/10
J. Lighting Plan dated 4/30/10
K. Consulting Engineer Comment Letter dated 5/26/10
L. City Engineer/Public Works Comment Letter dated 5/27/10
M. MN Department of Transportation Comment Letter dated 6/17/10
N. Proposed Improvement Diagram
Z. Conditions of Approval
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EXHIBIT Z
1. The City‟s Downtown Plan (“A New Bridge: Revitalizing Monticello‟s Downtown and
Riverfront”) be amended to incorporate the following text:
At the intersection of Broadway and Pine Streets, parking lots may be constructed
only when all of the following conditions exist:
Applicable traffic safety and access requirements limit the ability to comply
with building location standards of this Plan.
At least fifty (50) percent of either the Broadway or Pine Street frontage is
occupied by a building (non-parking area).
An alternative vertical element is located at the street corner which, as
determined by City Officials, establishes an architecturally compatible
corner presence. Such elements may include, but not be limited to public art,
interpretive signage, architectural business signs and architecturally
appropriate lighting.
2. Right-of-way dedications on the Preliminary/Final Plat are found to be acceptable by the City
Engineer.
3. Verify with qualified expertise that demolition will not negatively impact structures on adjoining
properties.
4. The area summary on the Preliminary Plat drawing be revised to correctly identify the area of
Lots 1 and 2 (consistent with the Final Plat drawing).
5. Drainage and utility easements on the Preliminary/Final Plat are found to be acceptable by the
City Engineer.
6. Cross parking and access easements for Lots 1 and 2 be established. Cross parking and access
should include an agreement for future agreements with the adjoining property to the east. This
issue shall be subject to comment and recommendation by the City Attorney.
7. Pedestrian easements are established for sidewalks along TH 25 for public sidewalks on private
property, consistent with the recommendations of the City Engineer.
8. The configuration of the Broadway Street access drive be modified such that its design is not
conducive to right-out turning maneuvers
9. Curb cut locations and widths are found to be acceptable by the City Engineer.
10. The parking lot design be reconfigured to accommodate the full-sized parking stalls wherever
practical.
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11. Color samples and/or a color rendering of the building (s) be provided for City review.
12. City Officials find the proposed overstory tree quantities to be acceptable.
13. The freestanding sign be modified to incorporate some of the materials used in the principal
building and create a visually dominant sign base.
14. The applicant modify the building elevation plan to incorporate additional building color
variation. (Additional Planning Commission condition.)
15. The trash enclosure utilize colors and details similar to those utilized on the on the two abutting
commercial buildings. Trash enclosure details shall be submitted and approved by the City.
16. The applicant address the screening of the trash area from the north prior to the construction of
the north commercial building (which will ultimately be used to screen the area).
17. Lighting be hooded and directed such that the source is not visible from adjacent rights-of-way.
18. The applicant provide a plan for interim improvements upon Lot 2, Block 1, including but not
limited to, site improvements and maintenance.
19. Final grading, drainage, and utility plans are subject to comment and recommendation by the City
Engineer, Consulting Engineer, and Public Works Staff. Specific review comments of those staff
members are summarized in this report, and attached as an Exhibit.
20. The revised final plat shall be resubmitted to Wright County and MN/DoT for secondary review
and shall comply with County and State comments.
21. Provide final record drawings prior to execution of the development agreement.
22. The applicant provide payment for all review charges to-date associated with the review of the
land use applications.
23. The applicant and City execute and record a development agreement incorporating the
development plans, standards and conditions as approved.
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8. Consideration to review applications for open Planning Commission positions. (AS)
A. REFERENCE AND BACKGROUND:
At the time of the writing of this report, the City had received two applications for the
Planning Commission seat vacated by Council member Hilgart. The posting for the position
closes December 31st, 2010.
On the recommendation of the Planning Commission, staff will schedule an interview with
the current applicants. Ideally, the Planning Commission could interview the week of January
10th, and a recommendation would then be forwarded on to the City Council on January 24th
for final appointment, retroactive to January 1st, 2011. Commission could also delay the
interviews to before their February meeting.
As in the past, the City Council members will be invited to attend the interviews and the
interviews will be posted for a quorum of both bodies.
B. ALTERNATIVE ACTIONS:
1. Motion to call for a special meeting of the Planning Commission on
January_____, 2010 at (TIME) for the interview of Planning Commission applicants.
2. Motion of other.
C. STAFF RECOMMENDATION:
None.
D. SUPPORTING DATA:
A. Planning Commissioner Applications