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Planning Commission Agenda 12-07-2010 AGENDA MONTICELLO PLANNING COMMISSION Tuesday, December 7th, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman – NAC, Ben Gozola - MFRA 1. Call to order. 2. Consideration to approve the Planning Commission minutes of November 3rd and 17th, 2010. 3. Citizen Comments. 4. Consideration of adding items to the agenda. 5. Public Hearing - Consideration of a Conditional Use Permit for Planned Unit Development for Towne Centre Signage Plan 6. Public Hearing - Consideration to adopt an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance. (Chapters 1-3, 4) 7. Consideration to review applications for open Planning Commission position and consideration to review and recommend for the expiring terms of Planning Commissioners. 8. Community Development Director’s Report. 9. Adjourn. Planning Commission Minutes — 11/17/10 MINUTES MONTICELLO PLANNING COMMISSION Wednesday, November 17th, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, Barry Voight, and William Spartz Council Liaison: Susie Woj chouski Staff Angela Schumann, Ron Hackenmueller, Ben Gozola - MFRA 1. Call to order. Commissioner Dragsten called the meeting to order at 6:00 p.m. and noted the absence of Commissioner Spartz. 2. Citizen Comments. None. 3. Consideration of adding items to theagenda. None. 4. Public Hearing - Consideration to adopt an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, (Chapters 1-3) Angela Schumann presented an outline of the process involved in preparing the proposed zoning code for formal review and recommendation. She indicated that the amendment would be considered in three separate public hearings and that the upcoming hearings had been scheduled for December 7, 2010 and January 4, 2011. She noted that this first public hearing would include a review of Chapters 1-3 involving General Provisions, Application Reviews and Procedures, and Zoning Districts. Schumann pointed out that the effort to re -draft the entire zoning code, which began over a year ago, was a direct result of the 2008 Monticello Comprehensive Plan update, which lays the groundwork for land use policy for Monticello for the next twenty years. She noted that, although the zoning code had been amended over time, it had been based on a boilerplate ordinance that was developed in the 1950s and adopted in the 1970s and was long overdue for an overhaul. She cited that because the city's codes control actual development it had become a priority to bring the ordinance into alignment with updated growth patterns and community needs to make it easier to use and understand. Schumann summarized the code development schedule and methods used to involve the public. She indicated that the proposed code incorporates the suggestions and comments resulting from an intense public input and review process directed by the Monticello Zoning Ordinance Revision Steering Committee. Planning Commission Minutes — 11/17/10 Ben Gozola, the lead consultant from MFRA, highlighted the numerous structural differences in the amended code. He specified that the inclusion of tables and hyperlinks for cross-reference markers would provide a much more graphically -based code geared towards ease -of use. In addition, the most notable structural change has been the consolidation of code information from 33 chapters to just 8 chapters. Gozola summarized the major updates to each of the three chapters. In Chapter 1 he outlined both transitional regulations and severability. In Chapter 2 Gozola highlighted the summary of decision-making and review bodies and presented a related table. He also briefly specified specific review procedures & requirements. He additionally summarized Chapter 2 updates involving the inclusion of a site plan review to ensure zoning compliance and a new four step Planned Unit Development (PUD) Review process. Gozola noted that Chapter 3 established fifteen zoning districts and specified that there would be seven residential zones, five business zones and three industrial zones. Two districts were eliminated and three were renamed to better reflect changes in use. He provided visual examples of the easy to use summary pages for each district. Gozola noted that another major update to the code is the creation of seven overlay districts to provide for greater opportunity for use and summarized related changes. He discussed the draft zoning map to be adopted. He noted that staff had analyzed every City parcel and determined that 90% of the community would not see a zoning change. He did, however, encourage feedback from those whose zoning would be affected by the changes. Schumann stated that state regulations require that the Department of Natural Resources (DNR) review and approve the Shoreland, Floodplain and the Mississippi Wild & Scenic provisions of the zoning ordinance. She noted that staff had begun the formal process for this review but anticipated that approval would occur after the expected January adoption of the new code. She indicated that the City could adopt the new zoning ordinance as proposed, exempting the Shoreland and Floodplain overlay districts, instead adopting current ordinance Chapter 18 (Floodplain Management) and 27 (Mississippi Wild & Scenic) until such time as the DNR review and approval process is complete. After DNR comments are addressed, the City could adopt the new overlay provisions as provided for within the new code. Schumann summarized the final code adoption steps indicating that it would be on-line and in use by February 1, 2011. She noted that it is of critical importance that the Planning Commission and City council recognize that the code is very much a working document and that there would be follow up revisions to the document. Due to the extent of changes to the PZ and PUD regulations, she recommended that a workshop be held in the coming months to develop a better understanding of the development process, timelines and results both would yield. In addition, Schumann noted that the CCD provisions of the code would require amendment at the conclusion of the Embracing Downtown Monticello effort. She also pointed out that areas in the code marked "Reserved" would require additional research, discussion and code language development. 2 Planning Commission Minutes — 11/17/10 Commissioner Dragsten opened the public hearing. City Council member Tom Perrault presented a detailed list of comments and questions related to the proposed code as noted below: Perrault requested clarification related to some terms and definitions. He specifically cited "morals," "unnecessarily impact," "undue burden," "reasonable use," and "diversity" as being unclear. Schumann suggested that language used might be subjective to allow for interpretation to be based on general standards in the code. She also indicated that some of the language may have been carried over from the previous code and, as such, had not been fully scrutinized. Chapter 2.4.C.4: Perrault questioned the review of variance criteria. Schumann noted that the language in the environmental review was added to be in compliance with MN statute requirements related to environmental impact statements and assessments. Chapter 2.4 Site Plan App F: Perrault asked about the need for sidewalks for safety in traffic circulation. Schumann stated that a determination would defer to the base provisions of the code and subdivision requirements for safety standards. Chapter 2.4 Administrative Adjustments: Perrault asked why this referred to just residential use. Commissioner Dragsten noted that it was limited as a pilot effort. Chapter 2.410 B: Perrault asked where values came from in the PUD adjustments. Gozola stated that identifying a threshold had made it easier to calculate. Chapter 3.4 B: Perrault questioned how to interpret "additional shadow." Gozola stated that it is used in lieu of setting a cap on how tall a building should be. Perrault asked if the housing referred to in the traditional neighborhood residential district was for duplexes, townhouses or single family homes. Gozola stated that the only use allowed would be detached dwellings. Perrault asked if anything zoned B-4 can also have B-2 and B-3 uses. Gozola stated that the revised code establishes specific uses for each zoning district rather than cascading uses. Chapter 3.7.3: Perrault requested an explanation about accessory structures. Gozola stated that the language came from existing code. Chapter 3.7.C.E: Perrault asked about regulations for fertilizer management. Schumann noted that existing regulations would be applied across the board. Chapter 3.7.C.3: Perrault asked how a dollar value was determined. Schumann noted that it was based on DNR language and amended to meet current state requirement. Planning Commission Minutes — 11/17/10 Perrault asked if the ten day length of time involved in requesting a variance was long enough. Schumann agreed that it may not be but that it is what is required. Chapter 3.7.D Wetland District: Perrault asked about related costs. Schumann did not have cost information available. She noted that the key to protecting the wetlands is education. Chapter 3.7.D.3 General Provision: Perrault asked about the expenses. Schumann noted that any expense falls on the applicant because the city should not bear those expenses. Perrault asked about the meaning of the soil absorption setback. Schumann noted that soil absorption refers to the drainfield. She also pointed out that the City does not allow private wells. Chapter 3.7.D.5 Buffer Strips and Setbacks Table 3-18: Perrault asked who determined values and if only docks would be allowed on the wetland. Schumann stated that standards were taken from model wetland language from the DNR. She noted that she would have to research the dock question. Perrault asked why canary grass is cited in the vegetation performance standards. Schumann noted that it is an invasive species which would detrimental. Perrault asked why channelizing the flow of runoff is a concern. Schumann stated that she would defer to engineer expertise in this issue. Perrault asked why shrubs would need to be in a particular configuration. Schumann noted that it was likely for aesthetic purposes. Chapter 3.7.D.8 Buffer Yards: Perrault asked what two cell water quality ponding is. Schumann indicated that the hydrologist at WSB would likely be able to provide that information. Perrault asked if the City would have jurisdiction over a man-made lake. Gozola stated that it is currently a discretionary issue. Perrault asked about provisions for green development. Schumann clarified that there are a variety of alternatives to green development which could be considered. Developer Charlie Pfeffer also shared his thoughts during the public hearing. He gave the City credit for undertaking the necessary task of rewriting the zoning code. He requested that staff work to draft a code which, in its effort to be highly structured, doesn't become overly punitive toward the development community. He noted the importance of making it easier and less time consuming to become involved in the process of development. Commissioner Dragsten summarized that the intention in the code revision was to define the process upfront so that there would be no surprises for the applicant. 11 Planning Commission Minutes — 11/17/10 As there were no further public comments, the public hearing was closed. Commissioner Hilgart agreed that the purpose of structuring the code in this way was to give developers a heads up about the planning approval process to enable the best development outcome. Commissioner Voight noted that formalizing the PUD process would give direction to development and protect the City. He stated that the ordinance was now very incentivized and that applicants could do what they wanted as long as they followed the rules. Council Liaison Wojchouski requested that the zoning code sample exercise run-through with City Council be scheduled prior to code adoption. Schumann agreed to provide an amended timeline to include this option at the next meeting. She noted that this would delay the January 11d' date by which the full code was to be made available for adoption. She also pointed out that it would be necessary to expand the scope of the MFRA contract to obtain their expertise in the effort. There were some detailed questions about roof pitches and minimum floor area as defined in Chapter 3.4 of the proposed code. After some consideration, Schumann suggested that the Planning Commission further discuss these issues at a continued public hearing. MOTION WAS MADE BY VOIGHT TO CONTINUE THE PUBLIC HEARING TO DECEMBER 7, 2010. MOTION WAS SECONDED BY HILGART. MOTION CARRIED 4-0. 5. Adjourn. MOTION WAS MADE BY VOIGHT TO ADJOURN. MOTION WAS SECONDED BY HILGART. MOTION CARRIED 4-0. The meeting was adjourned at 7:49 p.m. Kerry T. Burri Recorder Date Approved: Commissioner Dragsten 5 Planning Commission Minutes — 11/3/10 MINUTES MONTICELLO PLANNING COMMISSION Wednesday, November 3rd, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Lloyd Hilgart, William Spartz, and Barry Voight Commissioners Absent: Charlotte Gabler Council Liaison: Susie Wojchouski StalE Angela Schumann, Ron Hackenmueller 1. 2. 3 C! 5. Call to order. Commissioner Dragsten called the meeting to order at 6:00 p.m. and noted the absence of Commissioner Gabler. Consideration to approve the Planning Commission minutes of October 5� 2010. MOTION BY COMMISSIONERVOIGHT TO APPROVE THE MINUTES OF OCTOBER 5, 2010. MOTION WAS SECONDED BY COMMISSIONER SPARTZ. MOTION CARRIED 4- 0. Citizen Comments. None. Consideration of adding items to thea agenda. Commissioner Dragsten requested adding the upcoming open position on the Planning Commission as a result of Commissioner Hilgart's election to City Council. Consideration to review an update regarding, building materials for the Pizza Ranch project. Angela Schumann summarized that the previously approved amendment to Conditional Use Permit (CUP) for cross -parking as related to the proposed Pizza Ranch at Warnert Retail had not included a final building design and material schematic. She pointed out that, although the Planning Commission had requested that the building materials come back for a second review, Commission comments would not be part of the formal approval process because there was not a specific condition requirement related to the building materials. Planning Commission Minutes — 11/3/10 Schumann indicated that the applicant had submitted final building drawings and elevations and materials list. She noted that the design alternative chosen utilizes stained cedar posts, a metal roof, and fiber cement board for "ranchification." She pointed out that these materials are consistent with code requirements. She agreed to confirm that Pizza Ranch would not be painting the brick facade or window trim and report back to the Commission. She indicated that the building permit was nearly complete and that the report would be presented at the next City Council meeting. Schumann noted that the applicant plans to ask Council to consider an adjustment to the sewer access charges. Construction would be scheduled to begin soon. 6. Community Development Director's Report. Schumann reported that the property at corner of Highway 25 and CSAR 75 was now owned by Semper Development. She indicated that the demolition permit was expected to be issued and that demolition of the old landmark theater building and old bank building would begin after asbestos abatement. She cited that the 13,000 square foot Walgreen's site would be developed over the winter and that the majority of the public improvements were scheduled to occur in early spring and wrap up by the end of June. Schumann reported that staff was approximately midway through development of a comprehensive inventory of all plats and developments in the City. The housing report would include total number of lots platted, the number of lots built -out, how many are rentals versus owner occupied, and the zoning classifications. She noted that development inquiries and project development have been steady and that staff has been working through concept planning for a number of projects, including: • Three major industrial user expansion projects • Xcel Energy expansion at a training facility • 3 multi -tenant building -outs: $5 Pizza, Health it Up, Game Stop • Indoor soccer center at the former roller rink building • Multi -tenant build -outs to come in the Warnert building 7. Consideration of added items. Commissioner Dragsten congratulated Commissioner Hilgart on his election to City Council and noted that the Planning Commission would need to replace his position. Schumann stated that the Human Resources Director would post the Planning Commission position opening in the newspaper and on the City's web site. She pointed out that potential candidates might benefit from attending a Planning Commission meeting prior to being interviewed for the position. She suggested that applications would be solicited for 3 or 4 weeks and that three candidates would be likely interviewed. 14 Planning Commission Minutes — 11/3/10 Commissioner Hilgart thanked everyone who voted for him as well as the Mayor and Brian Stumpf who contacted him to welcome him to City Council. He also thanked the Planning Commission members for years served. Schumann suggested that Hilgart may want to be the new liaison to the Planning Commission. 8. Adjourn. MOTION WAS MADE BY COMMISSIONER SPARTZ TO ADJOURN. MOTION WAS SECONDED BY COMMISSIONER VOIGHT. MOTION CARRIED 4-0. The meeting was adjourned at 6:15 p.m. The Planning Commission then convened a meeting of the Monticello Zoning Ordinance Steering Committee. Kerry T. Burri Recorder Date Approved: Commissioner Dragsten 3 Planning Commission Agenda – 12/07/10 1 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. (NAC) A. REFERENCE AND BACKGROUND 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). 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 Planning Commission Agenda – 12/07/10 2 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 temporar y 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. 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. Planning Commission Agenda – 12/07/10 3 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. 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. Planning Commission Agenda – 12/07/10 4 B. ALTERNATIVE ACTIONS Decision 1: Consideration of a Conditional Use Permit for Planned Unit Development for signage at the Towne Centre commercial complex. 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 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 regulations by PUD raises issues of fairness of application of the rules, as well as significant staff monitoring concerns on an ongoing basis. Planning Commission Agenda – 12/07/10 5 Alternative 2 permits additional signage over that which is currently in place, preserves visibility for other existing signage nearby, 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 Planning Commission Agenda: 12/07/10 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. (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 9 Provides additional detail for rooftop screening requirements Planning Commission Agenda: 12/07/10 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 0) Planning Commission Agenda: 12/07/10 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 I- 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. 3 Planning Commission Agenda: 12/07/10 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 17`h packet) B. Planning Commission Staff Report, November 17th, 2010 0 CHAPTER 4. FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (A) Section Organization CHAPTER 4: FINISHING STANDARDS 4.1 Landscaping and Screening (A) Section Organization The Monticello landscaping and screening standards are organized into eight main sub- sections: (1) Section 4.1(B), Purpose and Intent Sets out the purpose and intent for the standards; (2) Section 4.1(C), General Requirements for Landscaping Includes the applicability provisions, requirements for landscaping plans, and standards for new plantings; (3) Section 4.1(D), Landscaping Plan Requirements Outlines the specific information that must be supplied to the City anytime a landscape plan is required by this ordinance; (4) Section 4.1(E), Alternative Landscaping Plan Includes the procedures and standards for review of alternative landscaping plans; and (5) Section 4.1(F), Standards for Vehicular Use Area Landscaping Includes the standards for landscaping around the perimeter and within vehicular use areas; (6) Section 4.1(G), Standards for Perimeter Buffers Includes the landscaping buffer standards applied to the edges of some base zoning districts; (7) Section 4.1(H), Standards for Required Screening Includes the screening requirements for site features like refuse, loading, and service areas; (8) Section 4.1(I), Standards for Site Landscaping Introduces standards for foundation plantings around some buildings; (9) Section 4.1(J), Zoning District Specific Landscaping Standards Outlines landscaping standards only applicable to specific zoning districts. City of Monticello Zoning Ordinonc � Page 189 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (B) Purpose and Intent (10) Section 4.1(K), Landscaping Installation and Maintenance Standards Includes the other standards for landscaping installation, timing, maintenance, monitoring for compliance, and incentives. (B) Puruose and Intent It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the planting and maintenance of trees, shrubs, and other plants within the City. The intent of this section is to promote this purpose by: [completely rewritten 3-2(G)(1)] (1) Ensuring and encouraging the planting, maintenance, restoration and survival of trees, shrubs, and groundcover; (2) Ensuring the protection of community residents and visitors from personal injury and property damage, and the protection of the City from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs, or other plants; (3) Mitigating against erosion and sedimentation; (4) Reducing stormwater runoff and the costs associated therewith; (5) Preserving and protecting the water table and surface waters; (6) Reducing audible noise from automobiles and land uses; (7) Restoring soils and land denuded as a result of construction or grading; (8) Increasing the tree canopy to provide shade and moderate the effect of urban heat islands; (9) Limiting glare created by exterior lighting; (10) Reducing visual pollution from the urban environment and increasing privacy between incompatible uses; (11) Protecting and enhancing property values and aesthetic qualities; (12) Helping to differentiate streets and other areas of the public realm from private lands; (13) Providing additional improvements to air quality through the carbon dioxide uptake process provided by trees and landscaping; and Page 190 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4. I Landscaping and Screening Subsection (C) General Reauirements for Lanrleranino (14) Providing visual screening, where appropriate. (C) General Requirements for Landscaping (1) Applicability of Landscaping Standards (a) General Except as exempted by Section 4.1(C)(1)(b) below, the standards in Section 4.1 shall apply to all development in the City. (b) Exemptions Standards for Development in the CCD shall be exempt from the perimeter vehicular use Perimeter Buffers [Section 4.1(G)J area landscaping standards in subsection 4.1(F)(3). (c) Landscape Plan To ensure compliance with the standards of this section, a landscape plan demonstrating how landscaping will be planted on a development site shall be included as a part of any application when required by the Community Development Department. [3-3(F)(9)] (2) Planting Standards Plantings provided in accordance with this section shall comply with the following standards: (a) Deciduous canopy or shade trees shall be a minimum of two (2.0) caliper inches in size at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended. [3-2(G)(4)(a)(i)] (b) Evergreen canopy trees shall be a minimum of six feet in height above ground level at the time of planting. [3-2(G)(4)(a)(ii)] (c) Understory or ornamental trees shall have a caliper of one -and -one half (1.5) inches at time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended. (d) Deciduous or evergreen shrubs shall be upright in nature and be a minimum of 24 inches in height at the time of planting. [3-2(G)(4)(c)] (e) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may: City of Monticello Zoning Ordinance PO -2 191 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (0 General Requirements for Landscaping (i) Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at time of planting standard of Section 4.1(C) in order to meet the required ACI; or (ii) Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard. When trees exceeding the minimum size at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on the Landscaping Plan. (f) In cases where application of landscaping requirements result in a fraction in the number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number. (g) All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality or better, true to name and type of species or variety. (h) The use of native, drought tolerant vegetation is encouraged to reduce dependency upon irrigation. (i) To curtail the spread of disease or insect infestation in a plant species, new tree plantings shall comply with the following standards: (i) When fewer than 20 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions. (ii) When more than 20 but fewer than 40 trees are required to be planted on site, at least three different species shall be utilized, in roughly equal proportions. (iii) When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions. (iv) Nothing in this subsection shall be construed so as to prevent the utilization of a larger number of different species than specified above. (j) Required Species (i) All trees used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site. [3-2(G)(5)(a)] (ii) All deciduous trees proposed to satisfy the minimum requirements of this policy shall be long-lived hardwood species. [3-2(G)(5)(b)] Page 92 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (C) General Requirements for Landscaping (3) Existing Vegetation (a) It is the policy of the City of Monticello to preserve the natural forest and woodland areas throughout the City; and with respect to specific site development, to retain, as far as practicable, substantial tree stands which should be incorporated into the site. [3-2(G)(8)(a)] (b) Existing healthy, well -formed canopy and understory trees as well as healthy shrubs shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards of this Ordinance, is protected before and during development of the site in accordance with Section 4.2(B), Tree Protection During Construction, and is maintained thereafter in a healthy growing condition. [3-2(G)(8)(b)] (4) Stabilization All required landscape planting areas shall be stabilized and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration. (5) Berms (a) The slope of all berms shall not exceed a two -to -one (2:1) ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of four feet above the toe of the berm. (b) All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation. (c) Berms proposed to be placed along street right-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles. (d) Berms shall in no case damage the roots or trunks of existing healthy vegetation designated to be preserved. (6) Easements Nothing except groundcover shall be planted or installed within any underground or overhead utility, drainage, gas easement, or within three feet of a fire protection system without the consent of the utility provider, easement holder, or the City, as appropriate. City of Monticello Zoning Ordinance Page 93 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (D) Landscaping Plan Requirements (7) Sodding and Ground Cover when no Landscaping or Site Plan is Required All areas not otherwise improved in accordance with approved site or landscaping plans shall be seeded. Exceptions to this criterion may be approved by the Community Development Department as follows: [3-2(G)(6)] (a) Seeding of future expansion areas as shown on approved plans. [3-2(G)(6)(a)] (b) Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials. [3-2(G)(6)(b)] (c) Areas designated as open space or future expansion areas properly planted and maintained with prairie grass. [3-2(G)(6)(c)] (d) Use of mulch materials such as bark, rock mulch over 4 inil poly, and wood chips in support of shrubs and foundation plantings. [3-2(G)(6)(d)] (D) Landscaping Plan Requirements (1) Detailed landscape plans shall be required as specified in this ordinance and in all cases where site plan approval is specified by either this ordinance or the subdivision ordinance. (a) The landscape plan should illustrate planned development on the site, and (b) The landscape plan shall be produced on a separate sheet or sheets from other required plans such as grading, drainage, and utility plans. [3-2(G)(2 paragraph 1)] (2) Detailed landscape plans shall include the following information: [3-2(G)(2 paragraph 2)] (a) In general: [3-2(G)(2)(a)] (i) Name and address of developer/owner. (ii) Name and address of architect/designer. (iii) Date of plan preparation. (iv) Dates and description of all revisions. (v) Name of project or development. (vi) Scale of plan (engineering scale only, at 1 inch equals 50 feet or less). (vii) North point indication. ,age 194 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (D) Landscaping Plan Requirements (b) Site Analysis: [3-2(G)(2)(b)] (i) Boundary lines of property with dimensions based upon certified survey. (ii) Name and alignment of proposed and existing adjacent on-site streets. (iii) Location of existing and proposed utility rights-of-way, easements, and lines (water, gas, electric). (iv) Location of existing and proposed building. (v) Topographic contours of the minimum interval of 2 feet, extending at least 100 feet beyond the site boundaries. (vi) Location of existing and proposed parking facilities, including curbing detail and traffic island delineators. (vii) Location of existing and proposed water bodies. (viii) Location of existing and proposed sidewalks, trail corridors, and fire lanes. (ix) Other existing or proposed conditions which would be expected to affect landscaping. (x) Percentage of gross site area not covered by structures and pavement and percentage of gross site area covered by pervious and impervious surfaces. (c) Landscape Data: [3-2(G)(2)(c)] (i) Planting schedule (table) containing symbols, quantities, common names, botanical names, sizes of plant material, root specification (b.r., B & B, potted, etc.) and special planting instructions. (ii) Existing trees and shrubbery, locations, common names, and approximate size. (iii) Planting detail (show all species to scale at normal mature crown diameter or spread for local hardiness zone). (iv) Typical sections in details of fences, tie walls, planter boxes, tot lots, picnic areas, berms, and the like. (v) Typical sections of landscape islands and planter beds with identification of materials used. (vi) Details of planting beds and foundation plantings. (vii) Note indicating how disturbed soil areas will be restored through the use of sodding, seeding, or other techniques. (viii) Delineation of both sodded and seeded areas with respective areas in square feet. (ix) Coverage plan for underground irrigation system, if any. City of Monticello Zoning Ordinance Page 195 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (E) Alternative Landscaping Plan (x) Exterior lighting plan (as applicable). (d) Special Conditions: Where landscape or man-made materials are used to provide ordinance or policy -required perimeter buffering/screening from adjacent and neighboring properties, a cross -through section shall be provided showing the perspective of the site from the neighboring property at the property line elevation. [3- 2(G)(2)(d)] (E) Alternative Landscaping Plan (1) Purpose In cases where development conditions require a deviation from the landscaping standards in this section or the tree protection standards in Section 4.2, Tree Protection, an alternative landscaping plan shall be required. An alternative landscaping plan shall indicate how compliance with the standards in this Ordinance is impossible or impractical, and shall illustrate how compliance can be achieved to the maximum extent practicable. Nothing in Section 4.1(E) shall prohibit a development configuration that meets or exceeds the landscaping and tree protection standards in this Ordinance. (2) Justification Alternative plans, materials, or methods may be justified due to: (a) Natural conditions, such as streams, natural rock formations, or topography; (b) The likelihood that landscaping material would be ineffective at maturity due to topography, placement, or other existing site conditions; (c) Lot size or configuration; (d) The presence of utility or other easements; (e) The potential for interference with public safety; and (f) Other situations where strict adherence to the landscaping or tree protection standards in this Ordinance are determined to be impractical by the Community Development Department. Page 196 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (E) Alternative Lan&rafiino Plan (3) Allowable Deviations The Community Development Department may approve an alternative landscape plan if it meets the purpose and intent of Section 4. 1, Landscaping and Screening, or Section 4.2, Tree Protection, as appropriate. Allowable deviations from the standards of this section include, but are not limited to the following: (a) Reduced Planting Rates due to Public Facilities An adjustment to planting locations or reduction of up to 20 percent in the type or total number of required caliper inches may be allowed when underground connections to public facilities, public utilities, or public easements or right-of-way cause difficulty in meeting the required standards. (b) Reduction in Standards due to Nature of Parcel A reduction in the count, spacing, or species variety standards by up to 20 percent may be allowed where the reduction is desirable in terms of protection of existing natural resources, better consistency with the goals of the comprehensive plan, or a site design that exceeds the quality of what would otherwise result under a strict application of the standards in this Ordinance, in the opinion of the Community Development Department. (c) Reduction in Standards in Recognition of Native Plantings and/or Restoration Plan A reduction of up to 10 percent in the type or total number of required caliper inches may be allowed where the reduction is desirable as an incentive to encourage the use of native plantings and/or the restoration of native plantings on lands dedicated for open space. (d) Planting on Adjacent or Alternative Sites In cases where required plantings cannot be easily sited on the subject parcel, alternative locations on adjacent or nearby parcels may be proposed. (4) Alternative Landscape Plan Informational Requirements Alternative landscape plans shall provide the same information required by a general landscape plan as outlined in Section 4.1(D). City of Monticello Zoning Ordinance Page 97 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (F) Standards for Vehicular Use Area Landscaping (F) Standards for Vehicular Use Area Landscaping Except where exempted by Section 4.1(F)(1) below, all vehicular use areas shall include vehicadar use arealandscaping DOES landscaping both within the interior of the vehicular use area and around its perimeter, count towards as a means of mitigating the parking area's microclimate and visual impacts. [Section overall required site landscaping. 4.1(F) replaces former section 3-2(G)(11)] [Section 4.1(H)(3)J (1) Exemptions The following uses shall be exempt from the requirements to provide vehicular use area landscaping: (a) Single-family detached residential development; (b) Two- to four -family dwellings; (c) Off-street surface vehicular use areas with four or fewer spaces; (d) Parking structures; and (e) Vehicle display areas for vehicle sales uses. (2) Interior Vehicular Use Area Landscaping Standards All vehicular use areas shall provide and maintain landscaped planting areas within the interior of the vehicular use area in accordance with the following. (a) Configuration Interior planting areas shall be designed in accordance with the following standards: (i) Islands shall be located at the end of parking bays and have a minimum size of 180 square feet when adjacent to single loaded parking spaces, and a minimum size of 360 square feet when adjacent to double loaded parking spaces (see Figure 4-1: Interior Parking Islands). Page 198 City of Monticello Zoning ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (F) Standards for Vehicular Use Area LandscabinQ Figure 4-1: Interior Parking Islands Parking lots with single -loaded spaces shall provide landscaping islands of 180 sq ft. Landscaping islands shall be increased to 360 sq ft for parking lots which use double loaded parking spaces. [Set section 4. t (F)(2)(a)l � rt Each interior planting island shall contain at least one canopy or understory tree per every 180 square feet, and shrubs as necessary to occupy at least 25% of total landscaping island areas. [See sections 4.1(F)(2)(a)(vi & vii)]. Figure 4-2: Landscaped Islands Spacing Per section 4.1(F)(2)(a)pl) and Table 4•-1 , the maximum number of parking spaces between landscaped islands differ depending on the use or ming district as shown here. City of Monticello Zoning Ordinance Pagc 199 Commercial, 00c and Institutional uses; Reddential and uses In the IRC Uses In the Ii1U�UU1 linluniii /IIIiIiI11111111iliilil 11i111ii1111%1111u�11�11 IIII111UIIIi11 iII IIi 11111111IiIIIII111/111 iiiiiuiii11111i1III11111111111,uiiniiiiiiiiimiiii IiIIIIi/1111 1UIIIl1i111iI11111Ui1I1 11111/IUIUIiiU11i11111111ililUllllillt111!1111 Spaces Spaces Spaces0 City of Monticello Zoning Ordinance Pagc 199 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (F) Standards for Vehicular Use Area Landscaping (ii) The maximum length of a parking bay to be bounded by interior planting islands shall be in accordance with Table 4-1. Residential Uses Multi Family Uses Commercial, Civic, and Institutional Uses Commercial Uses Civic & Institutional Uses Industrial Uses Industrial & Business Campus District Uses i All other Industrial Uses 12 stalls between islands 24 stalls between islands 24 stalls between islands 24 stalls between islands 50 stalls between islands (iii) Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement. (iv) Driveway and primary drive aisle medians shall have a minimum width of four feet for medians containing shrubs and six feet for medians containing both shrubs and understory trees. (v) Each interior planting island shall contain at least one canopy or understory tree per every 180 square feet, or portion thereof, of the total landscape island area. (vi) Shrubs shall be planted within landscaping islands at a minimum rate necessary to ensure that at least 25 percent of the total land area occupied by landscaping islands is planted with shrubs. (b) Protection of Planting Areas Except as exempted by the Community Development Department, all planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods. This standard shall not prohibit the use of planting areas as on-site stormwater management devices. See Figure 4-2 for illustrations of interior landscaped island spacing Page 200 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (F) Standards for Vehicular Use Area Landscaping When a vehicular use area is located within 50 feet of a street right-of-way, the perimeter landscaping shall be located within a planting strip at least six feet wide. In all other instances, the strip shall be the minimum width necessary to assure required landscaping is not damaged by vehicles or other on-site activity. In no instance shall the strip be less than three feet wide. (c) Protection of Landscaping Strip Except as exempted by the Community Development Department, the perimeter landscaping strip shall be protected from vehicle damage by the installation of curbing, wheel stops, extra width in the landscaping strip, or other comparable methods. This standard shall not prohibit the use of perimeter landscaping strips as on-site stormwater management devices. Figure 4-3: (3) Perimeter Vehicular Use Area Landscaping Standards Perimeter vehicular use area landscaping Where a vehicular use area serving subject to these standards abuts a street g a use j counts towards right-of-way, vacant land, or any other development (except another vehicular use overall required site landscaping. area), perimeter landscaping strips shall be provided and maintained between the [Section 4.1(H)(3)J vehicle use area and the abutting right-of-way or property line in accordance with the following standards. (a) Location (i) Perimeter landscaping strips shall be located on the same land where the vehicular use area is located, and shall be placed to assure visibility and safety of pedestrians on the public street, as well as those within the vehicular use area. (ii) Perimeter landscaping strips may not be placed within future street rights- of-way as may be identified on the City's Official Map. (b) Minimum Width When a vehicular use area is located within 50 feet of a street right-of-way, the perimeter landscaping shall be located within a planting strip at least six feet wide. In all other instances, the strip shall be the minimum width necessary to assure required landscaping is not damaged by vehicles or other on-site activity. In no instance shall the strip be less than three feet wide. (c) Protection of Landscaping Strip Except as exempted by the Community Development Department, the perimeter landscaping strip shall be protected from vehicle damage by the installation of curbing, wheel stops, extra width in the landscaping strip, or other comparable methods. This standard shall not prohibit the use of perimeter landscaping strips as on-site stormwater management devices. Figure 4-3: (d) Required Materials (see Figure 4-3) Perimeter Vehicular Use Area Each perimeter landscaping strip shall include at least eight Landscaping Standards aggregate caliper inches (ACI) of canopy trees per 100 linear feet of landscaping strip, and the p $ p, remaining ground shall be landscaped (sod, mulch, etc). (e) Adjacent to Perimeter Buffers Perimeter landscape strips associated with a vehicle use area may be credited towards perimeter buffer standards [See Section 4.1(G), Standards for Perimeter Buffers], provided the minimum buffer standards of this section are met. Uty of tvmonticeiio Loning Ordinance P -,-e 201 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening CA,zprtinn (F) Stnndnrds for Vehicular Use Area Landscaping (f) Adjacent to Off -Street Surface Parking on Other Lots Where two or more off-street surface vehicular use areas are located adjacent to one another, but upon different lots, no perimeter landscaping strip shall be required between the two vehicular use areas. Figure 4-3: Perimeter Vehicular Use Area Landscaping Standards Within the required 6' vehicular perimeter buffer area, at least eight goer%` aggregate caliper inches (ACI) of canopytZ ded er100' and said �h�5trees shall be prove p oarea shall be landscaped with sod, mulch orother similar material(s). (4) Incentives for Improved Design (a) The total aggregate caliper inch requirements for canopy and understory trees in subsection 4.1(F) may be reduced by five percent when: (i) At least sixty-five (65) percent of the provided parking is located to the side or rear of the building; (ii) At least thirty (30) percent of the total required parking is subject to a shared parking agreement; and (iii) When pervious parking surfacing is used for twenty (20) percent or more of the total vehicular use area. Page 202 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (G) Standards for Perimeter Buffers (b) The above incentives may be combined to achieve a cumulative reduction in the amount of required tree ACI. (G) Standards for Perimeter Buffers (1) Purpose and Intent Perimeter landscape buffers are intended to mitigate potential negative effects of different contiguous uses. [3-3(F)(1)] (2) Applicability Except for adjoining single-family detached residential uses and uses in the CCD district, all development shall provide a perimeter landscape buffer to separate it from uses in a different use classification in accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type Application. (3) Types of Buffers Table 4-2: Buffer Types, describes four different buffering types in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table 4-3: Buffer Type Application, the requirement may be met with the combination of minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2. Where an option utilizing a fence or wall is selected, the fence or wall shall comply with the standards of Section 4.3, Fences and Walls. [3-3(F)(2)] & [3-3(F)(2)(c)] & [3- 3(F)(6)] city of monticello Zoning Ordinance Page 203 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (G) Standards for Perimeter Buffers TYPE A — BASIC BUFFER 3 This perimeter buffer functions as basic edge 2 ACI of canopy trees + 10 ACI of understory trees + demarcating individual properties with a slight visual 15 small shrubs per 100 linear feet obstruction from the ground to a height of ten feet. TYPE B — AESTHETIC BUFFER This perimeter buffer functions as an intermittent g ACI of canopy trees + 2 ACI of canopy trees + jvisual obstruction from the ground to a height of at 10 ACI of understory 14 ACI of understory least 20 feet, and creates the impression of special trees + 15 small shrubs trees + 35 small shrubs separation without eliminating visual contact between ! per 100 linear feet per 100 linear feet uses. TYPE C — SEMI-OPAQUE BUFFER [1]: Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall at least five feet in height along with ten large shrubs per every 100 linear feet. [2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 2.4(G), Administrative Adjustments. Alternatively, applicants may submit an Alternate Landscape Plan under the provisions of Section 4.1(E) if adhering to these requirements is not possible. [3]: In cases where an adjacent use is designed for solar access, understory trees can be substituted for canopy trees. [4]: Required plantings shall conform to the planting standards outlined in section 4.1(C)(2). [5]: Fences and walls shall comply with the standards in Section 4.3, Fences and Walls. Page 204 City of Monticello Zoning Ordinance One 4 -foot high berm or This perimeter buffer functions as a semi-opaque I 12 ACI of canopy trees + 14 ACI of understory one 4 -foot high solid fence screen from the ground to at least a height of six trees + 25 small shrubs + 2 ACI of canopytrees + Ifeet. per 100 linear feet 16 ACI of understory trees per 100 linear feet TYPE D — OPAQUE BUFFER This perimeter buffer functions as an opaque screen 18 ACI of canopy trees + One 6 -foot high solid from the ground to a height of at least six feet. This 20 ACI of understory fence + 12 ACI of canopy type of buffer prevents visual contact between uses trees + 55 small shrubs trees per 100 linear feet and creates a strong impression of total separation. per 100 linear feet [1]: Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall at least five feet in height along with ten large shrubs per every 100 linear feet. [2]: Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section 2.4(G), Administrative Adjustments. Alternatively, applicants may submit an Alternate Landscape Plan under the provisions of Section 4.1(E) if adhering to these requirements is not possible. [3]: In cases where an adjacent use is designed for solar access, understory trees can be substituted for canopy trees. [4]: Required plantings shall conform to the planting standards outlined in section 4.1(C)(2). [5]: Fences and walls shall comply with the standards in Section 4.3, Fences and Walls. Page 204 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (G) Standards for Perimeter Buffers (4) Determination of Required Buffer Type Table 4-3 specifies the type of perimeter landscape buffer that new development shall provide between it and adjacent property, based on the uses present on the development site and that on the adjacent property. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table 4-2, Buffer Types. [3-3(F)(3)] Single -Family Residential n/a A B CD I Other Residential A n/a A B D Civic and Institutional Uses B A n/a A D _ ... Office and Commercial Uses C B A n/a C ---- Industrial Uses D D I D C n/a [1]: Letters in cells correspond to the buffer types listed in Table 4-2, Buffer Types. [2]: Multi -family, townhouse, multi -building campus or shopping center type developments shall provide buffers around the perimeter of the development instead of around individual buildings. (5) Location of Perimeter Buffers (a) Perimeter buffers required by this section shall be located only along the outer perimeter of the parcel where it abuts another parcel, and shall extend to the parcel boundary line or right-of-way line. [3-3(F)(2)(b)] (b) In an industrial district, perimeter buffers are not required along lot lines abutting streets except as provided for in Tables 4-2 and 4-3 when abutting non -industrial districts. In such cases, the outdoor operation or storage components shall include perimeter buffers as necessary to screen outdoor use areas from off-site views. (c) A perimeter buffer may be located along shared access easements between parcels in nonresidential developments. City of Monticello Zoning Ordinance Page 205 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening CnhcPrtinn IG) Stnndnrds for Perimeter Buffers (6) Responsibility for Buffer Installation (a) Vacant Parcels Where a developing parcel is adjacent to a vacant parcel and a perimeter buffer is required in accordance with this section, the developing parcel shall provide a minimum of one-half of the perimeter buffer required adjacent to the vacant land. [3-3(F)(2)(c)(iii)] & [3-3(F)(7)(i)] (b) Existing Land Uses Where a developing parcel is adjacent to an existing use and a perimeter buffer is required in accordance with this section, the developing parcel shall provide the full perimeter buffer required adjacent to the existing use in accordance with Table 4-2: Buffer Types, and Table 4-3: Buffer Type Application, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the lots. Where all or part of a perimeter buffer exists, but the buffer does not fully comply with the standards of this section, the developing parcel shall be responsible for providing all the additional planting material necessary to meet the standards of this section. [3-3(F)(2)(c)(iii)] & [3-3(F)(7)(ii)] & [3-3(F)(8)] (7) Development within Required Buffers (a) The required buffer shall not contain any development, impervious surfaces, or site features (except fences or walls) that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in this ordinance. (b) Sidewalks, trails, and other elements associated with passive recreation may be placed in perimeter buffers if all required landscaping is provided and damage to existing vegetation is minimized to the maximum extent practicable. (c) Overhead and underground utilities required or allowed by the City are permitted to cross a required buffer in a perpendicular fashion, but shall minimize the impact to vegetation to the maximum extent practicable. Where required landscaping material is damaged or removed due to utility activity within a required buffer, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure the buffer meets the standards in this ordinance. Page 206 City of Monticello Lonmg uramance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (H) Standards for Site Lanckranina (8) Sight Triangles Fencing, berms, walls, and all other landscaping features shall adhere to the requirements of section 3.3(D)(2)(b), Corner Visibility. (9) Credit for Existing Vegetation Existing vegetation meeting the size standards of Section 4.1(C)(2), Planting Standards, located within the perimeter buffer area may be preserved and credited toward the perimeter buffer standards. [3-3(F)(5)] (H) Standards for Site Landscanine (1) Purpose and Intent Site landscaping material is intended to soften the visual impact of building foundations and provide for the even dispersal of trees across a development site. (2) No Exceptions The site landscaping provisions of section 4.1(H) shall be required for all development. (3) Distinguished from Other Required Landscaping Site landscaping, for the purpose of this section, is exclusive of required perimeter buffer and screening landscaping. Plantings required to meet vehicular use area and perimeter vehicular use area landscaping standards can be counted towards meeting site landscaping requirements. (4) Site Landscaping Standards Site landscaping shall be supplied in the amounts identified in Table 4-4: Required Site Landscaping Plantings. Site landscaping shall meet the minimum size standards for new planting specified in Section 4.1(C)(2), Planting Standards. City at Monticello Zoning Ordinance Page 207 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Suhsertion (H) Standards for Site Landscaping General Standards Single-family detached and 4.0 ACI of canopy trees OR Multi -family dwellings with 2.0 ACI of canopy trees + I evergreen tree less than five (5) units [5] [6] `! [7] Multi -Family Dwellings with 16.0 ACI of canopy trees (including at least 3 evergreen trees) per acre + at five (5) or more units least 2 shrubs per each 10 feet of building perimeter 14.0 ACI of canopy trees (including at least 2 evergreen trees) per acre + at Civic &Institutional Uses least I shrubs per each 10 feet of building perimeter 10.0 ACI of canopy trees (including at least I evergreen tree) per acre + at Office & Commercial Uses least 2 shrubs per each 10 feet of building perimeter Industrial Uses 4.0 ACI of canopy trees (including at least I evergreen tree) per acre + at least I shrub per every 10 feet of a building wall facing a public right-of-way District Specific Standards: " TN District lot standards j 2.0 ACI of canopy trees + 2 ornamental trees OR (all plantings must be in the 2.0 ACI of canopy trees + I evergreen tree; front or side yards, and all In addition to the above, each site shall provide 2 shrubs per each 10 feet of shrub and flower plantings must building perimeter + no less than I deciduous flower planting per 20 square feet be in the front yard) of front yard area 10.0 ACI of canopy trees (including at least I evergreen tree) per acre + at IBC District lot standards i least 2 shrubs per each 10 feet of building perimeter NOTE: ACI = Aggregate Caliper Inches [1]: See Table 5-1, Uses By District. [2]: At least '/z of the required shrubs shall be of an evergreen variety. [3]: Each evergreen tree meeting the minimum size standards of this section shall count as two caliper inches towards the total number of required canopy tree caliper inches. [4]: Credits towards required landscaping are available for the retention of non -specimen trees per the provisions of Section 4.2(D), Tree Preservation Incentives. [5]: Required landscaping trees shall be planted within fifteen feet (15') of the curb. [6]: Lots in the T -N District shall not adhere to these standards, but instead to the specific standards listed elsewhere in Table 4-4 and section 4.10)(2). [7]: Required Plantings for corner lots shall be double the listed requirements (8.0 ACI of canopy trees OR 4.0 ACI of canoes trees + 2 everjereen trees) Page 208 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (1) Standards for Required Screening (5) Shrub Placement Required shrubs shall be placed around the building perimeter, a minimum of three feet from the building, with emphasis placed on screening building foundations visible from the public right-of-way. Required shrubs may be planted up to 10 feet from the building, or up to 15 feet from the building if there is a sidewalk located between the planting area and the building wall. (6) Tree Placement Trees serving as site landscaping shall be dispersed across a site in accordance with good planting practice and the following priority listing: (a) In yards between a building facade and a street right -of- way where no vehicular use area landscaping is required; (b) Between a building and an adjacent lot with an existing use that provides more than 50 percent of the vegetative material associated with a required perimeter buffer; (c) Between a building fagade and an abutting lot with the same or a more intense zoning district classification (where no perimeter buffering is required); (d) Within open -space set-aside areas with no existing or reforested trees; (e) Adjacent to on-site areas of pedestrian or vehicular circulation where no other vegetative material is required (e.g., drive-thrus or stacking lanes); or (f) Other areas near accessory structures or accessory uses. (I) Standards for Required Screening City of Monticello Zoning Ordinance '2ge 209 (1) General Requirements Required plantings In addition to the other forms of required landscaping, screening shall be required for screening count towards overall to conceals specific areas of high visual or auditory p p g ry im act or hazardous areas from required site off-site views. Such areas shall be screened at all times, unless otherwise landscaping. (Section 4.1(H)(3)J specified, regardless of adjacent uses, districts, or other proximate landscaping material. City of Monticello Zoning Ordinance '2ge 209 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (1) Standards for Required Screening (2) Items to be Screened The following areas shall be screened in accordance with this section: (a) Anything specifically called out by this ordinance as requiring screening. (b) Large trash handling and recycling collection areas (e.g., dumpsters and cardboard recycling containers); (c) Loading and service areas; (d) Allowed outdoor storage areas adjacent to a public right-of-way; (e) New construction, demolition, or other site conditions that could be unsafe for pedestrians or vehicles. (3) Screening Methods The following items are permitted for use as screening materials, and more than one method may be used on a lot or site. (a) Vegetative materials that can provide a 90% opacity -year round screen and which are the minimum height necessary to screen the facility from offsite views; or [3-2(G)(9)] (b) An opaque fence or wall meeting the following requirements: (i) The fence or wall shall be consistent with the standards in Section 4.3, Fences and Walls. (ii) The fence or wall shall be constructed of masonry, brick, wood, or steel. [3-2(G)(13 part 1)] (iii) The fence or wall shall provide a solid screening effect and not exceed the maximum height allowed for fences or walls in the underlying zoning district, or be less than six (6) feet in height. [3-2(G)(13 part 2)] (iv) The design and materials used in constructing a required screening fence shall be subject to the approval of the Community Development Department. [3-2(G)(13 part 3)] Page 210 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (1) Standards for Required Screening (c) Alternative screening materials that are not listed above or alternative configurations may be proposed as part of an alternative landscaping plan [see Section 4.1(E)], if the alternative materials or configuration provide an equivalent or superior screening function. (4) Configuration of Vegetative Materials In cases where vegetative materials are used for screening in accordance with this subsection, the vegetative materials shall: (a) Be planted around the perimeter of the site feature to be screened in a manner that screens the site feature from all off-site views; (b) Be configured in two staggered rows or other arrangement that provides maximum screening; (c) Be upright, large evergreen shrubs and capable of reaching at least six feet in height within three years of planting; and (d) Be spaced no farther than three feet on -center. (5) Rooftop Screening (a) General Roof Penetrations All roof vents, pipes and/or other roof penetrations (except chimneys), shall be fully screened, located on the rear elevations, or be otherwise configured to the maximum extent practicable to have a minimal visual impact as seen from a public street. (b) Exceptions Rooftop screening standards shall not apply to I-1 or I-2 zoned properties. (c) Roof -based Mechanical Equipment (i) Parapet walls or other techniques included as an integral part of the building design shall be used to totally screen any roof -based mechanical equipment from public rights-of-way or adjacent lands. (ii) In cases where roof -based mechanical equipment are too tall to be screened by a parapet wall, or if changes in the surrounding grade make rooftops with parapets visible from public rights-of-way or adjacent lands, a rooftop screening system shall be used for screening (see Figure 4-4). City of Monticello Zoning Ordinance Pag, : 2 + 1 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection U) Zoning District Specific Landscaping Standards Figure 4-4: Rooftop Screening System Examples Rooftop screening systems shall be subject to approval of the Community Development Department. and shall be of similar design to the examples shown here. Example "N' Illustrates a metal louver A wall for general screening from below. Example "B" Illustrates the use ry f of lattice to even screen from above. The before and after photos T!, provide further Illustration of proper rooftop screening design. ai,' BEFORE 1 it- AFTER _ won A r r stde�View (J) Zoning District Specific Landscaping Standards (1) Residential Amenities (RA) District Landscaping Requirements RESERVED (2) Traditional Neighborhood (TN) District Landscaping Requirements Lots in the TN district shall adhere to the following additional landscaping requirements: (a) No less than 60% of the square footage of the front yard area shall be planted in garden meeting the following requirements: [7-A5] (i) 4.0 caliper inches of canopy trees or 4.0 caliper inches of canopy trees + 1 evergreen (ii) 6.0 caliper inches of ornamental trees (iii) No less than 1 shrub per 20 square feet of front yard area General required site landscaping requirements are in Section 4.1(H). Page 212 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (K) Landscaping Installation and Maintenance Standards (iv) No less than 1 deciduous flower planting per 20 square feet of front yard area (b) No private driveway leading to a garage may be more than 1S feet in width. [7-A5] (c) Lot area that is not covered by shrubs and trees may be covered with lawn, gardens, and patios or decks. [7-A5] (d) A landscaping plan must be approved by the Community Development Department prior to issuance of a building permit. (e) A landscape security shall be provided to ensure the landscaping of each lot in accordance with this section. [7-A5] (3) Industrial and Business Campus (IBC) District Landscaping Requirements RESERVED (K) Landscaping Installation and Maintenance Standards (1) Time for Installation of Required Landscaping (a) Time Limit All required landscaping (including mulching and seeding) shall be installed in accordance with the required planting standards set forth in this section prior to issuance of a certificate of occupancy unless the Community Development Department grants an extension to this time limit in accordance with Section 4.1(K)(1)(b) below. (b) Extensions (i) The Community Development Department may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the installation of required landscaping. Circumstances that may warrant an extension include but are not limited to the following: 1. Unusual environmental conditions such as drought, ice, or over- saturated soil (deep mud); 2. It is not yet the appropriate planting season for the approved plant species; City of Monticello Zoning Ordinance °a,o 213 CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (K) Landscaping Installation and Maintenance Standards 3. Credible evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant's diligent effort to secure the required materials; or 4. Completion of utility work occurring in a proposed landscaped area is incomplete or delayed. (ii) Upon receipt of a performance guarantee, the City may issue a temporary certificate of occupancy for a maximum period of up to 180 days. (2) Maintenance of Landscaping Materials The owner shall be responsible for the maintenance of all required landscaping. Such areas shall be maintained in accordance with the approved landscape plan or alternative landscape plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or removed. (a) Damage Due to Natural Occurrence In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. The Community Development Department shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re -vegetation in snaking a determination on the extent of replanting requirements. (b) Protection during Operations The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and drive intersections, obstruct traffic signs or devices, or interfere with the use of sidewalks or pedestrian trails. Paoe 214 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.1 Landscaping and Screening Subsection (K) Landscapinjz Installation and Maintenance Standards (c) Maintain Shape All required trees (whether canopy, understory, or otherwise) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees that have been severely pruned, sheared, topped, or shaped as shrubs which no longer serve the intended buffering or screening function shall be considered as damaged vegetation in need of replacement in accordance with Section 4.1(K)(2)(a) Damage Due to Natural Occurrence, and shall be replaced within one growing season. (d) Natural Death The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation and does not require re -vegetation to replace the plant material unless the required landscape area no longer complies with the required standards of this section. Further, the screening is expected to remain effective continually, so any plant material which dies or ceases to function as a screen shall be replaced or reinforced immediately to conform to City ordinance. [3-2(G)(12)(b paragraph 3)] (3) Agreement and Security A landscaping security shall be submitted with the building permit application. Such security guarantees that in exchange for building permit, the owner will construct, install and maintain all items shown on the approved plan and that they will replace and or correct any deficiencies or defaults that occur in the plan for a period of one complete year or two complete growing seasons subsequent to the complete installation according to approved landscaping plan. City of Monticello Zoning Ordinance Page 2.15 CHAPTER 4: FINISHING STANDARDS Section 4.2 Tree Protection Subsection (B) Protection of Specimen Trees 4.2 Tree Protection (A) Purpose The purpose of this section is to preserve existing natural resources of the community and to encourage the greening of the City. The City Council finds that the preservation of trees and other vegetation, where practicable, is in the best interest of City residents' health and welfare. To that end, the City Council has found it necessary and desirable to establish regulations to ensure the City preserves its most significant trees and clusters of exiting trees throughout the City. (B) Protection of Specimen Trees (1) Applicability (a) In General All development in the City, except that exempted in accordance with Section 4.2(B)(1)(b) below, shall be required to protect specimen trees in accordance with this section. (b) Exemptions The following development shall be exempt from these standards: (i) Development on land within the CCD zoning district and all other commercially and industrially zoned properties; (ii) Development on land containing an existing single-family detached residential dwelling on a lot -of -record which cannot be further subdivided and which was established prior to the effective date of this ordinance as denoted in Section 1.4. (2) Separate Plan Required The location, species, and size of all specimen trees to be retained in accordance with this section shall be depicted on a separate inventory and protection plan clearly depicting all required information. (3) General Requirement (a) No specimen tree may be removed, except in accordance with Section `Specimen Tree" is 4.2(B)(4), Removal of a Specimen Tree. defined in Section 8.4 (b) All specimen trees shall have the following protections, whether located on public or private land: Page 216 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.2 Tree Protection Subsection (B) Protection of Sbecimen Tri - i - (i) Cutting, Removal, or Harm Prohibited Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed. (ii) Paving or Soil Compaction Prohibited The area within the dripline of any specimen tree shall not be subject to paving or soil compaction greater than ten percent of the total area within the dripline, or within 12 feet of the tree trunk. (4) Removal of a Specimen Tree Specimen trees may be removed if the landowner demonstrates to the Community Development Department that one of the following sets of conditions is met: (a) Removal of a Healthy Specimen Tree A specimen tree that is in healthy condition may only be removed if all of the following standards are met: (i) The specimen tree prevents development of a lot platted prior to the effective date of this ordinance as denoted in Section 1.4 in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Chapters 3, 4, or 5. (ii) Mitigation is provided in accordance with Section 4.2(B)(5), Replacement/Mitigation of Specimen Trees. (b) Removal of a Severely Diseased, High Risk, or Dying Specimen Tree A specimen tree that is certified as being severely diseased, high risk, or dying by a certified arborist may be removed without required mitigation. (5) Replacement/Mitigation of Specimen Trees Those causing the destruction or removal of a healthy specimen tree, unless exempted by this ordinance, shall be responsible for the following mitigation: (a) Replacement Trees Required (i) Each healthy specimen tree removed or destroyed shall be replaced with three or more replacement trees equaling or exceeding a total of eighteen (18) aggregate caliper inches. (ii) The required replacement trees shall be planted within 12 months of the removal or destruction of the specimen tree. uty of Monticello Zoning Ordinance Pa'u-- 117 CHAPTER 4: FINISHING STANDARDS Section 4.2 Tree Protection Suhsertion (C) Tree Protection During Construction (b) Location of Replacement Trees Replacement trees shall be either planted on the parcel of land from which the Section 4.1(E): specimen tree was removed if sufficient space is available, or placed on Alternative p Landscape Plan nearby lands in accordance with Section 4.1(E), Alternative Landscape Plan. (c) Establishment Period Replacement trees shall be maintained through an establishment period of at least two complete growing seasons. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees. (C) Tree Protection During Construction (1) Owner's Responsibility During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction. (2) Tree Protection Fencing & Tree Save Areas (a) Where Required Specimen trees and other existing trees being used for credit towards landscaping requirements shall be fenced with a sturdy and visible fence before grading or other development activity begins. Fencing shall be erected no closer than one linear foot to the tree's dripline. The Community Development Department shall consider the existing site conditions in determining the exact location for tree protection fencing. Areas located inside of tree protection fencing are considered "tree save areas". (b) Inspection All tree protection measures shall be inspected and approved by the City prior to start of any land disturbing activities. Failure to have tree protection measures approved prior to the commencement of construction is a violation of this ordinance. (c) When Required No construction, grading, equipment or material storage, or any other activity shall be allowed within the tree save (fenced) area. Fencing shall be maintained until after the final site inspection. Page 218 City of Monticello Zoning Urdinance CHAPTER 4: FINISHING STANDARDS Section 4.2 Tree Protection Subsection (D) Tree Preservation Incentives (3) Encroachments into Tree Save Areas Encroachments into specimen tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the following preventive measures shall be employed: (a) Soil Compaction Where compaction might occur due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area. (b) Fill No fill shall be placed within a specimen tree save area without adequate venting to allow air and water to reach the roots. (c) Chemical Contamination Trees located within a specimen tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes. (d) Paving Limitations Except for driveway access points, sidewalks, curb, and gutter; no paving shall occur within five feet of a specimen tree save area unless authorized through an alternative landscaping plan [See Section 4.1(E), Alternative Landscaping Plan]. (D) Tree Preservation Incentives (1) Tree Preservation Credits In order to encourage the preservation of as many healthy trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that are not specimen trees that comply with the credit standards of this subsection. Credits are offered only for trees that are not required to be retained by other sections of this ordinance. Credits shall be granted in accordance with the following standards: City of Monticello Zoning Ordinance Page 219 CHAPTER 4: FINISHING STANDARDS Section 4.2 Tree Protection Subsection (D) Tree Preservation Incentives (a) Credit Amount A credit of one -and -one-quarter (1.25) multiplied by the aggregate caliper of trees that are not specimen trees shall be credited and applied towards the landscaping standards in Section 4. 1, Landscaping and Screening, when the trees that are saved comply with the following minimum size standards: (i) Canopy Trees Canopy trees, whether deciduous or evergreen, of seven inches in caliper or greater, measured six inches above ground level. (ii) Understory/Ornamental Trees Understory or ornamental trees, whether deciduous or evergreen, of four inches in caliper or greater, measured four inches above ground level. (b) Credit Applied Towards Required Plantings The credit shall be applied to the aggregate tree caliper inch standards for landscaping. In no case shall credits substitute for more than 75 percent of the required landscaping material. (c) Exclusions to Credit Provisions Dead, dying or diseased trees shall not be used towards crediting. (2) Reduction in the Minimum Number of Required Parking Spaces Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy specimen trees. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Community Development Department. Alternative paving materials may be required by the Community Development Department in cases where required parking areas encroach upon root zones. Page 220 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (C) General Requirements for Fences and Walls 4.3 Fences & Walls (A) Purpose and Intent The purpose and intent of this section is to regulate the location, height, and appearance of fences and walls to maintain visual harmony within residential and business districts; protect adjacent properties from the indiscriminate placement and unsightliness of fences and walls; and ensure the safety, security, and privacy of properties. (B) Applicability (1) In General Unless exempted in accordance with Section 4.3(B)(2) below, the provisions of this section shall apply to the construction, reconstruction, or replacement of all fences or walls in the City. In the event of any conflict between the provisions of this section and any screening standard in Section 4.1(I), Screening, the latter shall govern. (2) Exemptions The following are exempted from the requirements of this section. (i) Development in the CCD District Development on lots in the CCD district is exempt from the standards of this section. (ii) Recreational Fencing Customary fencing provided as a part of a permitted tennis court, athletic field, or other recreational facility. [3-2(F)(2)] (iii) Temporary Fencing Temporary fencing established around construction sites, demolitions, or other site conditions unsafe for pedestrians or vehicles, provided it is consistent with the building code. (C) General Requirements for Fences and Walls (1) Location (a) Fences and walls are permitted anywhere on a lot subject to the following restrictions: [3-2(F)(3)] City of Monticello Zoning Ordinance page 221 CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (C) General Requirements for Fences and Walls (i) The corner visibility requirements in Section 3.3(D)(2)(b) shall be met. [3-2(F)(3)(c)] (ii) Fences and walls shall not be located within public right-of-way unless permitted by the Community Development Department by written encroachment agreement. [3-2(F)(4)] (iii) Fences and walls pennitted by the Community Development Department to be within easements are subject to removal without compensation to the property owner if the City must access the area for maintenance or improvement purposes. [3-2(F)(4)] (b) Fences and walls may be located directly over a property line between two or more parcels of land held in private ownership. (c) A certificate of survey may be required by the Community Development Department to determine the location of fences and walls on a property. [3- 2(F)(5)] (2) Blocking Natural Drainage Flow (a) No fence shall be installed so as to block or divert a natural drainage flow on to or off of any other land. (b) Drainage swales may not be filled to accommodate the construction of fences or walls without alternate storm water provisions being reviewed and approved by the Community Development Department. (c) Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, limit sedimentation, or control erosion. (3) Fences and Walls within Buffers Fences and walls shall be installed so as not to disturb or damage existing vegetation or installed plant material. The perimeter fencing or wall for a single development shall be of a uniform style that complies with the standards of this section. (4) Permit Requirements (a) A building pen -nit is required for the construction of any fence or wall that will be more than six (6) feet in height above grade, or for construction of a retaining wall that is more than four (4) feet in height from the bottom of the footing to the top of the wall. [3-2(F)(1 paragraph 1)] Section 4.10: Grading, Drainage, & Erosion Control Page 222 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (D) Requirements for Fences and Walls by District Type (b) Fences which do not require a building permit under the provisions of Section 4.3(1))(4)(a) above may be constructed without a permit, but shall adhere to all fencing requirements in this ordinance. (D) Requirements for Fences and Walls by District Tyne All fences and walls shall conform to the following standards. In all cases, heights are measured from finished grade on the highest side of the fence or wall. (1) Residential Districts In residential districts (see Table 3-1: Base Zoning Districts), fences and walls shall conform to the following: (a) Front Yards (i) Fences and walls shall not exceed a height of four (4) feet in front yards and that part of side yards from the front lot line to the front building line. (ii) If a fence or wall in a front yard exceeds three (3) feet in height, it must be set back a minimum of fifteen (15) feet from the front property line. [3-2(F)(3)(a)] (b) Side or Rear Yards (i) Fences and walls shall not exceed a height of six (6) feet in side and rear yards. (ii) In side or rear yards which abut a public street, fences or walls which exceed thirty-six (36) inches in height must be set back at least six (6) feet from the property line, and the setback area shall be landscaped in accordance with the provisions of Section 4.3(J)(4), Appearance. [3- 2(F)(3)(b)] (c) Transparency Fences or walls located within a front yard or side yard adjacent to a street shall maintain a minimum of 50 percent transparency. (d) Access Where any fence or wall connects to a building used as a dwelling, at least one gate not less than 2 feet 6 inches in width shall be required to allow access around the building. [3-2(17)(7)] City of Monticello Zoning Ordinance Page 223 CHAPTER 4. FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (D) Requirements for Fences and Walls by District Type (2) Business Districts (a) General In business districts (see Table 3-1: Base Zoning Districts), fences and walls Sce also Section shall not be permitted in front setback areas and shall not exceed a height of p � g 3.3(D)(Visib Corner 1'isibility, for four feet in the remainder of front yards and eight feet in side or rear yards, additional unless the fence in the side or rear yard is located within 15 feet of a public restrictions on fence right-of-way, in which case it shall not exceed a height of six feet. If a fence placement. is constructed on top of a retaining or other wall, the combined height of the fence and wall shall not exceed the maximum height that would apply to a fence or wall alone. (b) Major Utilities, Wireless Communications, Government Facilities, and Other Public Safety Uses Fences and walls in front, side, and rear yards of major utilities, wireless communication towers, government facilities, and other public safety uses shall not exceed eight feet. (3) Industrial Districts (a) Industrial and Business Campus District (i) Fences and walls shall not be permitted in front setback areas; (ii) Fences shall adhere to the following yard -based requirements: 1. In all front yards, a fence shall not exceed six (6) feet in height and shall be at least 50% transparent. 2. In all side yards, a fence shall not exceed six (6) feet in height. 3. In all rear yards, a fence shall not exceed eight (8) feet in height provided a building permit is obtained for any additional height over six (6) feet. &L' also Section (iii) In no event shall a fence exceed six (6) feet in height if the fence is 3.3(D)(2)(b) Corner { isibility, Jbr located within 15 feet of a public right-of-way. additional rL'strictions on fencr (b) I-1 and I-2 Districts placement. (i) In all front yards, a fence shall not exceed six (6) feet in height and shall be at least 50% transparent. (ii) In all side and rear yards, a fence shall not exceed fifteen (15) feet in height provided a building permit is obtained for any additional height over six (6) feet. Page 224 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.3 fences & Walls Subsection (F) Perimeter Fences and Walls Abutting Public Rights -of -Way (4) Vacant Property Vacant property may be fenced if the fence does not exceed four feet in residential districts and eight feet in business or industrial districts, the fencing maintains a minimum transparency of 50%, and the purpose of the fencing is to discourage unauthorized dumping or unauthorized parking on the property. Fencing of the vacant property shall not be construed to allow use of the property for outdoor storage. (E) Exemption for Security Plan A property owner or tenant or a representative of a public agency responsible for a government facility, public safety use, or other use in need of heightened security may submit to the Community Development Department a site security plan proposing fences or walls taller than those permitted by this section or proposing the use of barbed or concertina wire atop a fence or wall for security reasons. The Community Development Department may approve or approve with conditions the site security plan and its proposed exemption of fences or walls from the standards of this section, upon finding: (1) Taller Fence or Wall Needed for Safety or Security Reasons The condition, location, or use of the property, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage than surrounding land, or represent a significant hazard to public safety without a taller fence or the use of barbed or concertina wire atop a fence or wall; and (2) Not Have Security, Functioning Appearance of Adjacent Properties The proposed taller fences or walls or use of barbed or concertina wire will not have a significant adverse effect on the security, functioning, appearance, or value of adjacent properties or the surrounding area as a whole. (F) Perimeter Fences and Walls Abutting Public Rights-of-Wav (1) Fences or walls located within 15 feet of a street or public right-of-way shall: (a) Be of a uniform style; (b) Be located outside the public right-of-way; (c) Include breaks, offsets, access points, or other design details in the wall plane at least every 200 feet; City of Monticello Zoning Ordinance Page 225 CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection (H) Chain Link Fencing (d) Comply with the standards in Section 4.3(J), Appearance; and (e) Comply with the requirements of Section 4.1(I), Standards for Required Screening (if applicable). (2) New residential developments shall be required to construct conforming fencing along the rear yards of all double frontage lots that back up to collector or arterial roadways. (G) Prohibited Fences (1) Fences or walls made of debris, junk, rolled plastic, sheet metal, plywood, wooden landscape lattice or waste materials are prohibited in all zoning districts unless such materials have been recycled and reprocessed for marketing to the general public as building materials that resemble new building materials and are designed for use as a fencing material (e.g., picket fencing made from recycled plastic and fiber). (2) Chicken wire fences. (H) Chain bink Fencing Chain link fencing shall be allowed, subject to the following standards: (1) All Districts In all districts, chain link fences must have a top rail, and barbed ends must" be placed at the bottom of the fence. [3-2(F)(8)] (2) Residential Districts Chain link fencing is perinitted on lots within residential zoning districts provided it does not include opaque slats, and does not exceed a height of four (4) feet. (3) Business Districts Chain link fencing shall not be allowed on lots within a business zoning district unless expressly authorized through approval of a security plan under the provisions of Section 4.3(E). (4) Industrial Districts Chain link fencing shall be allowed on lots within industrial zoning districts provided it does not include opaque slats and is coated with black or dark green vinyl. Page 226 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.3 Fences & Walls Subsection Q) Appearance (I) Barbed or Razor Wire Barbed or razor wire is prohibited except as expressly authorized through approval of a security plan under the provisions of Section 4.3(E). [3-2(F)(9)] (,P', Appearance (1) Customary Materials Fences and walls shall be constructed of any combination of treated wood posts and vertically-oriented planks, rot -resistant wood, wrought iron, decorative metal materials, brick, stone, masonry materials, or products designed to resemble these materials. Where wood, masonry, or other opaque materials are specified for particular types of screening or buffering fences or walls, all other fence materials are prohibited. [3-2(F)(6 paragraph 2)] (2) Finished Side to Outside Wherever a fence or wall is installed, if one side of the fence or wall appears more "finished" than the other (e.g., one side has visible support framing and the other does not), then the more "finished" side of the fence shall face the perimeter of the lot rather than the interior of the lot. [3-2(F)(6 paragraph 1)] (3) Compatibility of Materials along a Single Lot Side All fencing or wall segments located along a single lot side shall be composed of a uniform style and colors compatible with other parts of the fence and with the associated buildings. (4) Landscape Screening All fences and walls exceeding four feet in height and located within 15 feet of a public street right-of-way in all districts, or as otherwise required by this ordinance, shall be supplemented with landscape screening in accordance with the following standards to soften the visual impact of the fence or wall. (a) Shrubs Required One evergreen shrub shall be installed for every fifteen linear feet of fence or wall, on the side of the fence or wall facing the public street right-of-way. Shrubs shall meet the size standards of Section 4.1(C)(2) Planting Standards, and may be installed in a staggered, clustered, grouped, or linear fashion. C ty of Monticello Zoning Ordinance Page 227 CHAPTER 4: FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (A) Purpose (b) Substitution of Understory Trees One understory or ornamental tree may be substituted for every three evergreen shrubs provided that the tree meets the size standards of Section 4.1(C)(2) Planting Standards. (c) Integration with other Required Landscaping Required landscape screening for fences or walls may be integrated into the landscaping required for vehicular use area screening or perimeter buffers, provided the standards in Section 4.1 Landscaping and Screening Standards, are maintained. (5) Maintenance Required Every fence or wall must be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger or constitute a nuisance. Fences or walls in a state of disrepair may be removed by the City as provided by Minnesota Statutes. The cost of removing fences may be levied against the property as a special assessment. [3-2(F)(6 paragraph 2)] 4.4 Exterior Lighting (A) Purpose The purpose of this section is to regulate light spillage and glare to ensure the safety of motorists and pedestrians, and to ensure lighting does not adversely affect land uses on adjacent properties. More specifically, this section is intended to: (1) Regulate Exterior Lighting to Mitigate Adverse Impacts Regulate exterior lighting to assure that excessive light spillage and glare are not directed at adjacent properties, neighboring areas, and motorists; (2) Ensure Proper Insulation Ensure that all site lighting is designed and installed to maintain adequate lighting levels on site while limiting negative lighting impacts on adjacent lands; and (3) Provide Security Provide security for persons and land. Page 228 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (D) General Standards for Exterior Lighting (B) Applicability (1) In General The provisions of this section shall apply to all development in the City unless exempted in accordance with Section 4.4(C) below. (2) Time of Compliance An exterior lighting plan shall be submitted and approved along with an application for a Site Plan [Section 2.4(F)], Subdivision [City Code Title 11, Chapter 1], Building Permit [Section 2.4(I)], or Temporary Use Permit [Section 2.4(L)], whichever occurs first. (C) Exemptions The following is exempted from the exterior lighting standards of this section. (1) Single-family detached dwellings; (2) Existing athletic field lighting; (3) City -owned, -operated, or -maintained street lights located within a street right-of- way or other easement granted to the City; and (D) General Standards for Exterior Lighting (1) Hours of Illumination Public and institutional uses, commercial uses, and industrial uses (See Table 5-1) that are adjacent to existing residential development or vacant land in residential districts shall turn off all exterior lighting—except lighting necessary for security or emergency purposes—within one hour of closing. For the purposes of this subsection, lighting "necessary for security or emergency purposes" shall be construed to mean the minimum amount of exterior lighting necessary to illuminate possible points of entry or exit into a structure, to illuminate exterior walkways, or to illuminate outdoor storage areas. Such lighting may be activated by motion sensor devices. (2) Illumination Direction In all districts, lighting shall be directed downward. In addition, upwardly - directed lighting shall not be used to illuminate structures, except for low -wattage architectural lighting or lighting for the American flag. City of Monticello Zoning Ordinance Page 229 CHAPTER 4: FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (E) Design Standards for Exterior Lighting (E) Design Standards for Exterior Lighting All exterior lighting shall meet the following standards: (1) Maximum Lighting Height (a) Except for outdoor sports fields or performance areas, the height of outdoor lighting, whether mounted on poles or walls or by other means, shall be no greater than 16 feet in residential districts and no greater than 25 feet in business districts. (b) Wherever possible, illumination of outdoor seating areas, building entrances, and walkways shall be accomplished by use of ground mounted fixtures not more than four feet in height. (2) Shielding (a) Exterior Light fixtures in excess of 60 watts or 100 lumens shall use full cut-off lenses or hoods to prevent glare or spillover from the project site onto adjacent lands and streets. (b) Interior No interior light source shall be positioned, aimed, or configured so as to result in the light source being visible from land occupied by existing residential development. (c) Canopies No light source in a canopy structure shall extend downward further than the lowest edge of the canopy ceiling. (d) Awnings Awnings or canopies used for building accents over doors, windows, etc., shall not be internally illuminated (i.e., from underneath or behind the awning). Page 230 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (G) Exemptions for a Security Plan (3) Maximum Illumination Levels All outdoor lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in footcandles at ground level at a property line or right-of-way center line shall not exceed the standards in Table 4-5, Maximum Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style). All Uses 0.5 at all ROW center lines Residential or Civic & Institutional Use 0.5 at Property Line Commercial or Industrial Use [2] 1.0 at Property Line Parking Lots 1.0 at Property Line [1]: See Table 5-I: Uses by District [2]: The minimum illumination level at the property line shall be 0.2 footcandle. (F) Wall Pack Lights Wall packs on buildings may be used at entrances to a building to light unsafe areas. They are not intended to draw attention to the building or provide general building or site lighting. Wall packs on the exterior of the building shall be fully shielded (e.g., true cut-off type bulb or light source not visible from off-site) to direct the light vertically downward and be of low wattage (preferably 100 watts or lower). Wall pack light sources visible from any location off the site are prohibited. (G) Exemptions for a Security Plan Government facilities, parks and open areas, public safety, and other uses (see Table 5- 1) where sensitive or dangerous materials are stored may submit to the Community Development Department a site security plan proposing exterior lighting that deviates from the standards in this subsection. The Community Development Department shall approve, or approve with conditions, the site security plan and its proposed deviation from the standards of this subsection, upon finding that: (1) Deviation Necessary to Protect Public or Ensure Security The proposed deviation from the standards is necessary for the adequate protection of the public; City of Monticello Zoning Ord --once Page 231 CHAPTER 4. FINISHING STANDARDS Section 4.4 Exterior Lighting Subsection (1) Sign Lighting (2) Significantly Greater Danger of Theft or Damage Without Additional Lighting The condition, location, or use of the land, or the history of activity in the area, indicates the land or any materials stored or used on it are in significantly greater danger of theft or damage, or members of the public are at greater risk for harm than on surrounding land; and (3) Deviation is Minimum Required and Will Not Have Adverse Effect The proposed deviation from the standards is the minimum required, and will not have a significant adverse effect on neighboring lands. (H) Illumination of Outdoor Sports Fields and Performance Areas Lighting of outdoor sports fields and performance areas shall comply with the following standards: (1) Glare Control Package All lighting fixtures shall be equipped with an existing glare control package (e.g., louvers, shields, or similar devices) and aimed so that their beams are directed and fall within the primary playing or performance area. (2) Hours of Operation The lighting system for any game or event shall be extinguished after the end of the game or event. (I) Sign Lighting Lighting fixtures illuminating signs shall comply with the standards of this section, and such fixtures shall be aimed and shielded so that direct illumination is focused exclusively on the sign face and is not visible from off-site areas. Page 232 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Sut?section (A) Findings, Purpose, and Effect 4.5 Signs (A) Findings, Purpose, and Effect (1) Findings The City finds: [3A -1(A)] (a) Exterior signs have a substantial impact on the character and quality of the environment. [3A -1(A)(1)] (b) Signs provide an important medium through which individuals may convey a variety of messages. [3A -1(A)(2)] (c) Signs can create traffic hazards and aesthetic concerns, thereby threatening the public health, safety and welfare. [3A -1(A)(3)] (d) The City's zoning regulations include the regulation of signs in an effort to provide adequate means of expression and to promote the economic viability of the business community, while protecting the City and its citizens from a proliferation of signs of a type, size, location and character that would adversely impact upon the aesthetics of the community and threaten the health, safety and welfare of the community. The regulation of the physical characteristics of signs within the City has had a positive impact on traffic safety and the appearance of the community. [3A-I(A)(4)] (2) Purpose and Intent (a) It is not the purpose or intent of Section 4.5 to regulate the message displayed on any sign; nor is it the purpose or intent of this section to regulate any building design or any display not defined as a sign, or any sign which cannot be viewed from outside a building. (b) The purpose and intent of Section 4.5 is to: [3A -1(B)] (i) Regulate the number, location, size, type, illumination and other physical characteristics of signs within the City in order to promote the public health, safety and welfare. [3A -1(B)(1)] (ii) Maintain, enhance and improve the aesthetic environment of the City by preventing visual clutter that is harmful to the appearance of the community. [3A -1(B)(2)] (iii) Improve the visual appearance of the City while providing for effective means of communication, consistent with constitutional guarantees and the City's goals of public safety and aesthetics. [3A -1(B)(3)] City of Monticello Zoning Ordinance Page 233 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (C) Permit Not Required (iv) Provide for fair and consistent enforcement of the sign regulations set forth herein under the zoning authority of the City. [3A -I (B)(4)] (3) Effect A sign may be erected, mounted, displayed or maintained in the City if it is in conformance with the provisions of this ordinance. The effect of Section 4.5, as more specifically set forth herein, is to: [3A -1(C)] (a) Allow a wide variety of sign types in commercial zones, and a more limited variety of signs in other zones, subject to the standards set forth in Section 4.5. [3A -1(C)(1)] (b) Allow certain small, unobtrusive signs incidental to the principal use of a site in all zones when in compliance with the requirements of Section 4.5. [3A - I (C)(2)] (c) Prohibit signs whose location, size, type, illumination or other physical characteristics negatively affect the environment and where the communication can be accomplished by means having a lesser impact on the environment and the public health, safety and welfare. [3A-I(C)(3)] (d) Provide for the administration and enforcement of the provisions of Section 4.5. [3A -1(C)(4)] (B) Permit Required No sign shall be erected, altered, improved, reconstructed, maintained or moved in the City without first securing a sign permit from the City: [3A-4] (1) The content of the message or speech displayed on the sign shall not be reviewed or considered in determining whether to approve or deny a sign permit. [3A -4(A)] (2) Application for a sign pen -nit shall be in conformance with the requirements of Section 2.4(K) Sign Permits Section 2.4(K), Sign Permits: [3A -4(B)] (C) Permit Not Required The following signs shall not require a permit and are allowed in addition to those signs allowed by Sections 4.5(I) and 4.5(J) of this section. These exemptions, however, shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this section or any other law or ordinance regulating the same. [3A-5] Pave 234 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (C) Permit Not Reauired (1) The changing of the display surface on a painted or printed sign only. This exemption, however, shall apply only to poster replacement and/or on site changes involving sign painting on a surface other than the surface of the building.. [3A -5(A)] (2) Signs two (2) square feet or less in size. [3A -5(B)] (3) One (1) sign per property in residential districts not to exceed four (4) square feet. [3A -5(C)] (4) All noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a State general election year, noncommercial signs of any size may be posted in any number forty-six (46) days before the State primary in a State general election year until ten (10) days following the State general election. Election signs posted in connection with elections held at times other than those regulated by Minn. Stat. 211 B.035 shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten (10) days after the election.. [3A -5(D)] (5) Official and Public signs. [3A -5(E)] (6) One (1) sign shall be allowed per street frontage when a property is offered for sale or lease, provided that: [3A -5(F)] (a) Within residential zoning districts (see table 3-1), no sign shall exceed twelve (12) square feet in area and six (6) feet in height for single-family, two- family, townhouse, and quadraminium units; or thirty two (32) square feet in area or eight (8) feet in height for multi -family or institutional uses. [3A - 5(F)(1)] (b) For non-residential zoning districts (see table 3-1), as well as for any parcel larger than ten (10) acres in any zoning district, signs may be up to ninety six (96) square feet in area or twelve (12) feet in height as defined in this ordinance. One (1) additional such sign shall be allowed for any street frontage which exceeds one thousand (1,000) linear feet. For the purposes of this section, frontage on any right of way, including local streets, County or State Highways, or I-94 shall constitute a "frontage", regardless of access. [3A -5(F)(2)] (7) Sandwich board signs are allowed within all business zoning districts (see table 3- 1) provided that: [3A -5(G)] City of Monticello Zoning Ordinance— Page 235 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (D) Prohibited Signs (a) Not more than one (1) sign is allowed per principal building except that one sign is allowed per tenant within a principal building having two (2) or more tenants each with an exclusive exterior entrance. [3A -5(G)(1)] (b) The sign shall only be displayed when the business is open to the public. [3A - 5(G)(2)] (c) Except in the CCD district, the sign shall be placed only on the business property and shall be located within required principal building setbacks, or encroaching into required setback areas a maximum of five (5) feet, and shall not be placed on any vehicle. [3A -5(G)(3)] (d) The signs shall be located so as to maintain a minimum five (5) foot pedestrian walkway and so as not to obstruct vehicular traffic. [3A-5(6)(4)] (e) The sign shall be set back a minimum of two (2) feet from the back of curb of a public street or private drive aisle. [3A -5(G)(5)] (f) The sign shall conform to the following height and area requirements: [3A - 5(G)(6)] (i) Height: Five (5) feet. [3A-5(G)(6)(a)] (ii) Area: Six (6) square feet. [3A-5(G)(6)(b)] (g) For sandwich board signs within the CCD district, sandwich board signs may be located in accordance with the provisions of subpart (c) above. In addition, such signs may be placed upon the sidewalk or boulevard portion of a public right-of-way upon the issuance of an annual permit in accordance with the provisions and process of Section 2.4(K) of this ordinance. [3A -5(G)(7)] (D) Prohibited Signs The following signs are prohibited: [3A-6] (1) Any sign, signal, marking or device which purports to be or is an imitation of or resembles any official traffic control device or railroad sign or signal, or emergency vehicle signs, or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control device or any railroad sign or signal. [3A -6(A)] (2) All off premises signs greater than six (6) square feet in area. [3A-6(BA)] (3) Flashing signs. [3A -6(D)] Page 236 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (E) Nonconforming Signs and Uses (4) Roof signs. [3A -6(E)] (5) Rotating signs. [3A -6(F)] (6) Shimmering signs. [3A -6(G)] (7) Signs which move or imitate movement, except for dynamic scrolling signs as defined in this ordinance. [3A -6(H)] (8) Signs painted, attached or in any other manner affixed to trees or similar natural surfaces, or attached to utility poles, bridges, towers, or similar public structures. [3A -6(I)] (9) Off Premises Signs: [3A -6(J)] (a) Off premise signs existing as non -conforming structures at the time of adoption of this ordinance greater than six (6) square feet in area shall be considered a principal use of property. [3A -6(J)(1)] (b) Annual permits are required for all off premises signs. Off premises signs shall be removed as a condition of construction of another principal use upon the property or platting or subdivision approval for the land on which it is located. [3A -6(J)(2)] (E) Nonconforming Signs and Uses (1) Signs: A non -conforming sign lawfully existing upon the effective date of this ordinance shall be regulated in accordance with Chapter 6 of this ordinance. [3A - 7(A)] (2) Uses: When the principal use of land is legally non-confonning under Chapter 6 of this ordinance, all existing or proposed signs in conjunction with that land use shall be considered conforming if they are in compliance with the sign provisions for the most restrictive zoning district in which the principal use is allowed. [3A - 7(B)] City of Monticello Zoning OrdinancePage 237 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (3) When a sign is considered to be non -conforming due to size, location, or other factor, but represents a conforming use of land, such sign may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless it is considered to be abandoned as defined by this ordinance. When a non -conforming sign has been damaged to an extent of 50% or more of its market value, such sign shall be considered to be abandoned if no building or sign permit has been applied for within 180 days of the date of damage. [3A -7(C)] (F) Enforcement and Penalties Section 4.5 shall be administered and enforced in accordance with the provisions of Chapter 7 of this ordinance. [3A-8] (G) Substitution The owner of any sign which is otherwise allowed by Section 4.5 of this ordinance may substitute non-commercial copy in lieu of any other commercial or non-commercial copy. This substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over non-commercial speech, or favoring of any particular non- commercial message over any other non-commercial message. This provision prevails over any more specific provision to the contrary. [3A-9] (H) General Provisions (1) Accessory Structures Except as provided for by Section 4.5(D)(9), all signs shall be considered accessory structures. [3A -10(A)] (2) Setbacks All freestanding signs shall be set back fifteen (15) feet from any property line abutting a public right-of-way and five (5) feet from any side or rear property line. No sign may be located within a drainage and utility easement. [3A -10(B)] (3) Standards Adopted The design and construction standards as set forth in Chapter 4 of the 1997 edition of the Uniform Sign Code as may be amended, are hereby adopted. [3A -10(C)] Page 238 City of Monticello Zoning Ordinance TTI T L :1itP'L= (A)(8)+(A)(81 � nWrd 11ri11 S�gn Arfort C alcidaticiri P1 II I 0 �0=i Mo1IIlment Sigil1 reg C: rr1 f't11illion A Pylon Sid n.Area Calculation CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (4) Electrical Signs The installation of electrical signs shall be subject to the State's Electrical Code. Electrical service to such signs shall be underground. [3A -10(D)] (5) Approval No sign shall be attached or be allowed to hang from any building until all necessary wall and roof attachments have been approved by the Community Development Department. [3A -10(E)] (6) Sign Interference No signs, guys, stays or attachments shall be erected, placed or maintained on trees nor interfere with any electric light, power, telephone or telegraph wires or the supports thereof. [3A -10(F)] (7) Illuminated Signs Illuminated signs shall be shielded to prevent lights from being directed at oncoming traffic in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. Lighting may not illuminate any adjacent properties, buildings, or streets. [3A -10(G)] (8) Permit Display Signs requiring permits shall display in a conspicuous manner the permit sticker or sticker number. [3A -10(I)] (9) Placement No sign or sign structure shall be erected or maintained that prevents free ingress or egress from any door, window or fire escape. No sign or sign structure shall be attached to a standpipe or fire escape. [3A -10(J)] (10) Structure A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angle separating the faces exceeding thirty (30) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. [3A -10(K)] City of Monticello Zoning Ordinance Page 239 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (11) Square Footage Calculation (Total Area= A x B): [3A -10(M paragraph 1)] (a) For wall signs, the area of a sign shall be that area within the marginal lines created by the sign surface which bears the advertisement or, in the case of messages, figures or symbols attached directly to the part of a building, which is included in the smallest rectangular figure which can be made to circumscribe the message, figure, or symbol displayed thereon: [3A -10(M paragraph 2)] (b) For monument signs, area shall be calculated as for wall signs. Structural members of the sign, including supports or other decorative features shall not be considered as a part of the measured sign area: [3A -10(M paragraph 3)] (c) For pylon signs, the entire area of the sign face or cabinet shall be considered as a part of the measured sign area. Structural supports, provided that they have no message or other graphics, shall be exempt from the area calculation. [3A -10(M paragraph 4)] (12) Height The top of a wall sign, including its superstructure, if any, shall be no higher than the roof of the building to which such sign may be attached. [3A -10(N)] (13) Landscaping A site plan shall be submitted as a part of any application for a freestanding sign which includes plans for the landscaping of the area near the sign, and which demonstrates that the sign will complement the existing or proposed general site landscaping of the property. [3A-10(0)] (14) Vehicle Fuel Facilities Signs for vehicle fuel facilities shall be regulated by the sign provisions for the zoning district in which the facility is located, except that within a freestanding sign, an area not to exceed sixteen (16) square feet shall be allowed for continuous display (no flashing, scrolling or other animation) of electronic or non -electronic changeable copy identifying current fuel prices in accordance with Minnesota state statutes section 239.751. [3A -10(P)] (15) Window Signs Window signs are not considered a part of the maximum sign area otherwise allowed under Section 4.5 of this ordinance and do not require a permit. [3A - 10(R)] Page 240 City of Monticello Zoning Ordinance CHAPTER 4. FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (16) Changeable Copy Signs Within commercial and industrial districts and for civic and institutional uses including, but not limited to, public school facilities, hospital and medical facilities, municipal facilities and places of public assembly, one (1) changeable copy sign shall be allowed per site provided that the area of the sign not exceed twenty-five (25) percent of the allowable sign area or fifty (50) square feet, whichever is less, for a freestanding or wall sign. The area of this sign shall be counted against the maximum sign area for the building, except where the property owner has agreed to forgo the use of temporary signs in accordance Section 4.5(I)(2) in which case the area of the changeable copy sign shall be allowed in excess of the maximum sign area. [3A -10(S) as amended] (17) Time and Temperature Signs Within commercial and industrial zoning districts, an area not to exceed sixteen (16) square feet within a freestanding or wall sign shall be allowed for display of an electronic time and temperature sign subject to the sign provisions for the zoning district in which the sign is located. [3A -10(T)] (18) Projecting Signs Projecting signs may be allowed in commercial districts provided that: [3A - 10(U)] (a) There is a minimum of eight (8) feet of clearance under the base of the sign to the ground below. [3A-I0(U)(1)] (b) The sign does not project more than five (5) feet beyond the wall to which it is mounted, may not project over any vehicular drive aisle or traveled portion of a public or private street and except in the CCD, Central Community District may not project over a public right-of-way. [3A- I O(U)(2)] (c) The area of the projecting sign is not more than fifty (50) percent of the maximum area allowed for an individual wall sign in the respective zoning district in Section 4.5(J). [3A- I O(U)(3)] City of Monticello Zoning Ordinance Page 241 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (H) General Provisions (19) Dynamic Displays (a) Findings Based on studies related to the use of dynamic sign displays and driver distraction, the City finds that dynamic signs, as defined by the zoning ordinance, have a unique potential to create driver distraction, a major cause of traffic crashes. As a result, the City has adopted special regulations that relate to such signs. These regulations shall apply to all proposed dynamic signage in the City, whether new or existing, conforming or non -conforming at the time of adoption of this ordinance. [3A -10(V paragraph 1)] (b) Regulations governing Dynamic Signs (i) Dynamic signs shall have messages that change instantaneously, and do not fade, dissolve, blink, or appear to simulate motion in any way. Prohibited blinking signs shall include signs which are displayed as continuous solid messages for less than the time required by subpart (iii) of this subsection below. The exception to this regulation is the allowance of messages that appear to scroll horizontally across the sign, but are otherwise in compliance with the requirements of this ordinance, including the definition of "scrolling signs". [3A -10(V paragraph 2)] Dynamic signs shall not be permitted in any Residential zoning district. [3A -10(V paragraph 3)] (iii) No dynamic display shall change more than one time per five (5) second period, except time and temperature displays which may change as frequently as once every three (3) seconds. [3A -10(V paragraph 4)] (iv) Dynamic signs shall be no brighter than other illuminated signs in the same district. [3A -10(V paragraph 5)] (v) Dynamic displays shall be designed to freeze the display in the event of malfunction, and the owner shall discontinue the display immediately upon malfunction, or upon notice from the City that the display violates the City's regulations. [3A -10(V paragraph 6)] (vi) Applicants for dynamic displays shall sign a license agreement supplemental to the building permit agreeing to operation of a sign in conformance with these regulations. Violation of these regulations shall result in forfeiture of the license, and the City shall be authorized to arrange disconnection of electrical service to the facility. [3A -10(V paragraph 8)] (vii) No Dynamic Display shall be permitted to be located in a yard or on the side of a building which abuts a residentially zoned parcel. [3A -10(V paragraph 9)] Page 242 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (1) Temporary Signs (20) Design and Materials Standards for Signs in Commercial Districts, Industrial Districts, the CCD District, PUDs, and Performance Based Mixed Use Development [3A -10(W paragraph 1)] (a) In General The design and materials of any sign shall be consistent with the building materials requirements of the district in which the sign is located, and shall be the same as, or compatible with, the materials and design of the principal building(s) on the property. [3A -10(W paragraph 2)] (b) Specific Materials for Pylon Signs All exposed pole or post structures must be wrapped or faced with stucco, architectural metal, brick or stone consistent with building architecture. (I) Temporary Signs (1) For property in a Business District or an Industrial District (see table 3-1), the use of commercial temporary sign devices shall not exceed forty (40) days per calendar year per building. Not more than one (1) temporary sign device per building shall be displayed upon a property at any one time. The area of temporary sign devices shall not exceed thirty-two (32) square feet. [3A -I I(A)] (2) In cases where properties forego, in writing, temporary signage allowed by Section 4.5(I)(1) above, an additional permanent message board sign up to fifty (50) square feet in area shall be allowed. Such sign may be incorporated into a property's freestanding sign or the building as additional wall sign area. Freestanding signs shall be subject to the height limitations of the applicable zoning district. [3A -11(C)] (3) Subject to other provisions of Section 4.5(I), one (1) additional temporary sign device shall be permitted for a business on a one-time basis for a period of up to forty (40) days beginning on the first day of the business opening to the public. [3A -I I (D)] City of Monticello Zoning Ordinance Page 243 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection Q) District Regulations (,1) District Regulations In addition to the signs allowed by Section 4.5(C) and Section 4.5(I), the following signs shall be allowed within the specific zoning districts: [3A-12] (1) Within residential zoning districts (see table 3-1), the following additional regulations apply: [3A -12(A)] (a) Except for the uses specified in Sections 4.5(J)(1)(b) and 4.5(J)(1)(c) below, not more than one (1) sign shall be allowed provided that: [3A -12(A)(1)] (i) The area of the sign shall not exceed four (4) square feet. [3A- 12(A)(1)(a)] (ii) Freestanding signs shall be limited to a maximum height of four (4) feet. [3A-12(A)(1)(b)] (b) In addition to the sign allowed by Section 4.5(J)(1)(a) above, one (1) residential area identification sign shall be allowed. Such sign shall not exceed thirty-two (32) square feet in area and eight (8) feet in height. [3A - 12(A)(2)] (e) Government buildings and structures, public, quasi -public or private recreation buildings, public parks and recreation areas, public and private educational institutions limited to accredited elementary, middle or senior high schools, and religious institutions such as churches, chapels, temples and synagogues shall be allowed two (2) institutional identification signs not exceeding seventy-five (75) square feet in area and eight (8) feet in height. [3A -12(A)(3)] (2) Within business and industrial zoning districts (see table 3-1), the following additional regulations shall apply: [3A -12(B)] (a) Total Area of Signs The total area of all signs displayed on a lot shall not exceed twenty (20) percent of the total building facade fronting not more than two (2) public streets. [3A-12(13)(1)] The Freeway Bonus Sign Overlay District allows for additional signage in specific commercial and industrial areas [Section 3.7(F)J Page 244 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.S Signs Subsection 6) District Regulations (b) Freestanding Signs [3A -12(B)(2)] (i) Unless otherwise specified in this section, one (1) sign is allowed per lot. The area of a freestanding sign may not exceed one hundred (100) square feet each side with a maximum height of twenty-two (22) feet. [3A- 12(B)(2)(a)] (ii) If a monument, rather than pylon sign is utilized, an additional one hundred (100) square feet of area beyond the total area calculated in Section 4.5(J)(2)(a) above, devoted to wall, canopy or marquee signs shall be granted. [3A-12(B)(2)(c)] (iii) For shopping centers greater than one hundred and fifty thousand (150,000) square feet of aggregate building square footage and greater than twenty (20) acres in site area, two (2) freestanding signs may be permitted. Two (2) pylon signs may be constructed or, as an alternative, one (1) pylon and one (1) monument sign may be constructed. When the latter option is chosen, the monument sign shall be no greater than fourteen (14) feet in height nor more than one hundred (100) square feet in area. The pylon sign may be no greater than twenty-five (25) feet in height and three hundred (300) square feet in area. [3A-12(B)(2)(d)] (c) Wall, Canopy, or Marquee Signs [3A -12(B)(3)] (i) Wall, canopy, projecting, and marquee signs shall be consistent with the maximum area requirements of Section 4.5(J)(2)(a). [3A-12(B)(3)(a)] (ii) Wall, canopy and marquee signs are permitted on any building facade except those which abut properties zoned for residential use. [3A- 12(B)(3)(b)] (d) Directional signage In addition to the sign allowed by Section 4.5(J)(2)(b)(i), directional signage may be allowed on site in an amount not to exceed three (3) signs with an individual square footage maximum of ten (10) square feet each and thirty (30) total square feet. [3A -12(B)(4)] City of Monticello Zoning Ordinance Page 245 CHAPTER 4: FINISHING STANDARDS Section 4.5 Signs Subsection (1) District Regulations (e) Multiple Occupancy Commercial And Industrial Buildings When a single principal building is devoted to two (2) or more commercial or industrial principal uses, signs shall be allowed subject to review and approval of the Community Development Department based upon the following requirements: [3A -12(B)(5 paragraph 1)] (i) The maximum individual sign sizes for multiple occupancy buildings and individual businesses that may display a sign shall not exceed the maximum provisions in the same zoning district in Section 4.5(J). [3A - 12(B)(5 paragraph 2)] (ii) Commercial retail, office, or mixed use multiple occupancy buildings may display a freestanding sign consistent with the applicable zoning district provisions in Section 4.5(J). [3A -12(B)(5 paragraph 3)] (iii) Except as provided by window, changeable copy, or temporary signs in this ordinance, individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall not display separate wall, canopy, or marquee signs unless the tenant's business has an exclusive exterior entrance and subject to the following requirements: [3A -12(B)(5 paragraph 4)] 1. Each sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in Section 4.5(J). [3A - 12(B)(5 paragraph 5)] 2. The sign shall be located only on the exterior wall of the tenant space to which the sign permit is issued, but are not required to face a public street. [3A -12(B)(5 paragraph 6)] 3. A comprehensive sign plan is submitted that includes all of the following information: a. A site plan to scale showing the location of lot lines, buildings, structures, parking areas, existing and proposed signs, and any other physical features of the area included within the proposed comprehensive sign plan. b. Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs. c. To scale plans for all existing and proposed signs of any type included within the comprehensive sign plan indicating area, dimensions, height, materials, colors, and means of illumination (if any). [3A -12(B)(5 paragraph 7)] Page 246 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.7 Transitional Features Subsection (A) Purl)ose and Intent 4. No permit shall be issued for a new or replacement sign for an individual tenant except upon a detennination by the Community Development Department that it is consistent with the approved comprehensive sign plan. [3A -12(B)(5 paragraph 4)] (3) In a PUD, Planned Unit Development District, signing restrictions shall be based upon the individual uses and structures contained in the complex. Signs shall be in compliance with the restrictions applied in the most restrictive zoning district in which the use is allowed. [3A -12(C)] 4.6 Underground Utilities All utilities within or serving new development [e.g. cable television, electrical (excluding transformers), gas, sewer, telephone, and water lines] shall be placed underground. 4.7 Transitional Features (A) Purpose and Intent Transitional features are architectural elements or site aspects that must be used to ease the transition between new development and existing structures and community character. It is the intent of these standards to: (1) Blend land use types throughout the City to minimize visual conflicts; (2) Limit the excessive consumption of land though the utilization of large vegetated buffers to separate potentially conflicting use types; and (3) Limit interruptions in vehicular and pedestrian connections created by efforts to segregate uses. City of Monticello Zoning Ordinance Page 247 CHAPTER 4: FINISHING STANDARDS Section 4.7 Transitional Features Subsection (C) Standards (B) Applicability (1) Transitional features shall be required when: (a) Different use types abut one another (e.g. residential, institutional, commercial, office); (b) Adjacent residential lots contain differing densities (e.g. a single family home site adjacent to a duplex); (c) A lot is developing or redeveloping within the R-2, CCD or T -N zoning districts; (d) The Community Development Department determines that design compatibility cannot be achieved between uses in the B-1, B-2, B-3, B-4, or IBC districts. (2) The Community Development Department may require the use of screening in addition to the use of transitional feature(s) where such is necessary to reduce potential adverse impacts between incompatible uses or different building types. (C) Standards In areas where transitional features are required, one or more of the following approaches shall be used, subject to approval and as required by the Community Development Department, to establish a transition between uses: (1) Use setbacks that are within 25 percent of the average setbacks for existing uses on the same block face provided no new use is closer to the right-of-way than any existing use; Fi-aure 4-5: Average Setbacks The new construction (highlighted in green) on the right demonstrates appropriate average setbacks. The dwelling highlighted in red on the left has a front setback that is too deep. Page 248 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.7 Transitional Features Subsection (C) Standards (2) Ensure the fagade width and height between fagades of structures on opposing sides of a street are consistent with each other such that neither fagade exceeds the other's dimensions by more than 25 percent; WIDTH ` HE -- - _ - lil ID3 Figure 4-6: Facade Height & Width Ensuring similar facade height and width dimensions of opposing favades can be an effective means of establishing a transition between uses. (3) Graduate building height and mass in the form of building step -backs or other techniques so that structures with a higher intensity have a comparable scale with adjacent structures housing lower intensity uses; Figure 4-7: Sten Back Construction Step -backs in building heights between different use types can be an effective transitional element. uty at Monticello Zoning Ordinance page 249 CHAPTER 4: FINISHING STANDARDS Section 4.7 Transitional Features Subsection (C) Standards (4) Use similarly sized and patterned architectural features such as windows, doors, awnings,'arcades, pilasters, cornices, wall offsets, building materials, and other building articulations included on the lower intensity use as depicted in Figure 4-8. Figure 4-8: Architectural Features The example on the bottom demonstrates effective use of transition features. (5) Locate off-street parking, loading, service, and utility areas to the rear of structures, adjacent to similar site features on surrounding sites; (6) Prevent incompatible exterior lighting or sources of audible noise or disturbance from building fagades facing lower intensity uses; (7) Prevent abrupt changes in roof form by allowing adjacent incompatible uses to use similar roof types, slopes, or arrangements; (8) Orient porches, balconies, outdoor space, and other site attributes such as vending machines associated with attached residential development away from adjacent detached residential uses; (9) Orient primary building fagades directly across from opposing primary fagades regardless of use type (as seen in Figure 4-9); and Page 250 City of Monticello Zoning Ordinance The primary facade of the commercial uses is directly parallel to the adjacent townhomes with parking to the rear. Townhomes Commercial Uses CHAPTER 4: FINISHING STANDARDS Section 4.7 Transitional Features Subsection (C) Standards Fi,-ure 4-9: Parallel Primary Facades Organizing buildings so that the primary faVades face one another can serve as a transitional feature when two different building types occupy opposing sides of a street. (10) When dealing with multi -building developments on one or more lots, establish a continuum of use intensity where uses of moderate intensity (darkest colors in Figure 4-10) are sited between high-intensity uses (medium colors in Figure 4-9) and low -intensity uses (light colors in Figure 4-9) (i.e. retail to multi -family residential to detached residential). City of Monticello Zoning Ordinance Figure 4-10: Staazerint, Intensi Multi -building developments can be organized to concentrate the highest intensity uses in a single area and feather the intensity and density outwards from high intensity centers. CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (C) Change in Use or Occupancy 4.8 Off-street Parking (A) Purpose The regulation of off-street parking spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking of motor vehicles in accordance with the utilization of various parcels of land or structures. [3-5(A)] (B) Application of Off -Street Parking Regulation The regulations and requirements set forth herein shall apply to all off-street parking facilities in all of the zoning districts of the City. [3-5(B)] (C) Change in Use or Occupancy (1) Change in Use or Occupancy of Land (a) Any change of use or occupancy of land already dedicated to a parking area, parking spaces, or loading spaces shall not be made, nor shall any sale of land, division, or subdivision of land be made which reduces area necessary for parking, parking stalls, or parking requirements below the minimum prescribed by these zoning regulations. [3-5(D)(4)] (b) Off-street parking spaces and loading spaces or lot area existing upon the effective date of this ordinance shall not be reduced in number or size unless said number of size exceeds the requirements set forth herein for a similar new use. [3-5(D)(2)] (2) Change in Use or Occupancy of a Building Any change of use of occupancy of any building or buildings, including additions thereto, requiring more parking area shall not be permitted until there is furnished such additional parking spaces as required by these zoning regulations. [3- 5(D)(5)] '2be 2 a2 City of Monticello Zoning Ordinance CHAPTER 4. FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (3) Site Plan Drawing Necessary All applications for a building permit or certificate of occupancy in all zoning districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off-street parking and loading spaces in compliance with the requirements set forth in Section 4.8. [3-5(C)] (D) Prohibited Uses Related to Off-street Parking (1) Required accessory off-street parking spaces in any district shall not be utilized for open storage, sale, or rental of goods; or storage of inoperable vehicles and/or storage of snow. [3-5(G)] (2) For single family and two family dwellings, off-street parking in the rear yard is prohibited as illustrated in Figure 4-11. (3) Except for temporary uses as permitted by Section 5.4 and trailers parking in a designated loading area, no vehicle may be parked and used for storage of items in any district. (E) Standards Applicable to All Uses (1) Location of Required Parking (a) Required accessory off-street parking shall be on the same lot under the same ownership as the principal use being served except under the provisions of Section 4.8(G)(3). [3-5(F)(1)] (b) Except for single, two-family, townhouse dwellings and parcels in the CCD, head -in parking directly off of and adjacent to a public street with each stall having its own direct access to the public street shall be prohibited. [3- 5(F)(2)] (c) Except in the case of single, two-family, and townhouse dwellings, parking areas shall be designed so that circulation between parking bays or aisles occurs within the designated parking lot and does not depend upon a public street or alley. [3-5(D)(9)(c paragraph 1)] (d) Except in the case of single, two-family, and townhouse dwellings, parking area design which requires backing into the public street is prohibited. [3- 5(D)(9)(c paragraph 2)] City of Monticello Zoning Ordinance— Page 253 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (e) All accessory off-street parking facilities required by this ordinance shall be located and restricted as follows: [3-5(F)] (i) For single family and two family dwellings, the part of a paved driveway within boulevard portion of the street right-of-way shall only be used for parking in a manner that does not block any public sidewalk or pathway. [3-5(F)(4)] (new off-street parking reg) (ii) In the case of single family dwellings, parking shall be prohibited in any portion of the rear yard. In the case where the only attached or detached garage on a property is located in the rear yard, parking may be allowed in designated driveways leading directly into a garage, or on one (1) open surfaced space located on the side of a driveway away from the principal use as shown in Table 4-9 and Figure 4-11. Said extra space shall be surfaced as required by Table 4-9 and Figure 4-11. [3-5(F)(7)] (new off- street parking reg) (iii) In the case of single family dwellings, parking in the side yard shall be allowed on a surfaced space as shown in Table 4-9 and Figure 4-11. [3- 5(F)(8)] (new off-street parking reg) (2) Vehicular Use Area Design (a) Curb Cuts and Access (i) Each property shall be allowed one (1) curb cut access per one hundred twenty-five (125) feet of street frontage. All property shall be entitled to at least one (1) curb cut. (ii) The maximum driveway width between the public street and the property line shall not exceed twenty-four (24) feet. [3-5(1))(9)(f)] (iii) Within all districts, a five foot radius curb may be constructed at the public street in addition to the maximum driveway width allowed. [3- 5(D)(9)(f)(1)] (iv) Driveway access curb openings on a public street except for single, two- family, and townhouse dwellings shall not be located less than forty (40) feet from one another. [3-5(D)(9)(h)] (v) No curb cut access shall be located less than forty (40) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the intersection of lot lines. [3-5(D)(9)(d)] Page 254 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (vi) All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Community Development Department. Size of culvert shall be determined by the Community Development Department but shall be a minimum of fifteen (15) inches in diameter. [3-5(1))(9)(q)] (vii) Except for single, two-family, and townhouse residential development (and as otherwise noted in this ordinance), all open vehicular use areas shall have a perimeter curb barrier around the entire parking lot, said curb barrier shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. (b) Stall, Aisle, and Driveway Design (i) Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7- 1/2) feet in width and not less than sixteen (16) feet in length when served adequately by access aisles to accommodate compact car parking and should be marked as such. [3-5(1))(9)(a)] (ii) Except in the case of single family, two-family, and townhouse dwellings, parking areas and their aisles shall be developed in compliance with the following standards: [3-5(1))(9)(e)] 30 48.6' ' - 44.5' i 40.3' 45 56.8' — 53.4' 50.0' 57.4' 60 62.0' 59.7' 90 64.0' 64.0' 64.0' Parallel Parking: Twenty-two (22) feet in C; ofA;onticello Zoning Ordinance Page 255 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (c) Surfacing (i) Except in the case of single family and two-family dwellings, driveways Section 4.8(E)(5) and stalls shall be surfaced with six (6) inch class five base and two (2) outlines requirements inch bituminous topping or concrete equivalent. Drainage plans shall be for a CUP to potentially lessen reviewed and subject to approval by the Community Development surfacing Department. The Community Development Department staff may waive requirements this requirement if it is determined that the drainage plans do not merit Section 4.1(C): Standards for further study. Community Development Department determination in Perimeter Buffers this regard shall be based on the size of parking surface area, simplicity of design plan, and proximity/accessibility to existing storm sewer facilities. [3-5(D)(9)(k paragraph 2)] (ii) The grade elevation of any parking area shall not exceed five (5) percent. [3-5(D)(9)(i)] (d) Striping Except for single, two-family, and townhouses, all parking stalls shall be marked with white painted lines not less than four (4) inches wide. [3- 5(D)(9)(1)] (e) Lighting Any lighting used to illuminate an off-street parking area shall be so arranged as to reflect the light away from adjoining property, abutting residential uses, and public right-of-ways and be in compliance with Section 4.4 of this ordinance. [3-5(D)(9)(m)] (f) Landscaping and Screening Section 4.1(F): All open, non-residential, off-street parking areas of five (5) or more spaces Standardsfor Vehicular Use Area shall be screened and landscaped from abutting or surrounding residential Landscaping districts in compliance with Section 4.1(F) of this ordinance. [3-5(D)(9)(p)] (i) Interior Vehicular Use Area Landscaping —see Section 4.1(F)(2) (ii) Perimeter Vehicular Use Area Landscaping —see Section 4.1(F)(3) Section 4.1(C): Standards for (iii) Perimeter Buffers —see Section 4.1(G) Perimeter Buffers (g) Signs No sign shall be so located as to restrict the sight lines and orderly operation and traffic movement within any parking lot. [3-5(D)(9)(n)] Page 256 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (3) Parking Within a Structure The off-street parking requirements may be furnished by providing a space so designed within the principal building or one (1) structure attached thereto; however, unless provisions are made, no building permit shall be issued to convert said parking structure into a dwelling unit or living area or other activity until other adequate provisions are made to comply with the required off-street parking provisions of this ordinance. [3-5(D)(9)(b)] (4) Vehicular Use Area Stall Calculation Requirements (a) General Provisions (i) The minimum number of off-street parking spaces shown in Table 4-7 shall be provided and maintained by ownership, easement, and/or lease for and during the life of the respective uses hereinafter set forth. [3-5(H)] (ii) When determining the number of off-street parking spaces results in a fraction, each fraction of one-half (1/2) or more shall constitute another space. [3-5(D)(8)(a)] (iii) In stadiums, sports arenas, churches, and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each twenty-two (22) inches of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements. [3-5(D)(8)(b)] (iv) Should a structure contain two (2) or more types of use, each shall be calculated separately for determining the total off-street parking spaces required. [3-5(13)(8)(c)] (b) Floor Area (i) The term "floor area" for the purpose of calculating the number of off- street parking spaces required shall be determined on the basis of the interior floor area dimensions of the buildings, structure, or use times the number of floors. [3-5(D)(1)] (ii) Whenever practical, final parking calculations shall be based on an actual building floor plan. City of Monticello Zoning Ordinance Page 257 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Residential Uses Detached Dwelling Duplex Townhome Multiple Family — In general Senior housing 2.0 spaces for each dwelling unit 2.0 spaces for each dwelling unit 2.5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (I ) guest parking space for every four (4) units .5 spaces for each dwelling unit, of which two (2) must be enclosed, plus one (1) guest parking space for every four (4) units Reservation of area equal to 1.0 space per unit ■ Initial development shall require only 0.5 spaces per unit, and said number of spaces may continue until such time as the City Council considers a need for additional parking spaces has been demonstrated Group Residential Facility, Single 2.0 spaces for each three persons for whom sleeping accommodations are Family provided Group Residential Facility, Multi- 2.0 spaces for each three persons for whom sleeping accommodations are Family provided Manufactured Home 2.0 spaces per manufactured home Civic and Institutional Uses Active Park Facilities (public or private) Assisted Living Facilities Baseball Fields, Stadium Cemeteries Clinics 5.0 spaces for each acre of park over one (1) acre; two (2) spaces per acre I for playgrounds; and ten (10) spaces for each acre of play field 1 ' When a public recreation site has more than one (1) use designation, j the areas must be divided for determining the required parking 0.5 spaces for each assisted living unit (a required half space shall be rounded up) 1.0 space for each eight (8) seats of design capacity See Parking Schedule #2 [Section 4.8(H)(3)] 4.0 spaces for each one thousand (1000) square feet f Hospitals 2.0 spaces per each bed Nursing/Convalescent Home T 4.0 spaces plus one (1) for each three (3) beds for which accommodations are offered Passenger Terminal 8.0 spaces plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet i Passive Parks and Open Space See Parking Schedule #2 [Section 4.8(H)(3)]— Public Buildings or Uses 10.0 spaces plus one (1) for each one hundred fifty (150) square feet in —� — excess of two thousand (2000) square feet of floor area in the principal structure Schools, 1.0 space for each classroom plus one (I ) additional space for each fifty Kindergarten through Junior High j (50) student capacity Page 258 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Use Type Minimum # of Spaces & Additional Requirements Civic and Institutional Uses (continued) Schools, 1.0 space for each classroom plus one (1) additional space for each fifty Kindergarten through junior High (50) student capacity Schools, j 1.0 space for each seven (7) students based on design capacity plus one (1) High School & post -secondary j for each three (3) classrooms 1.0 space for each four (4) seats based on the design capacity of the main assembly hall Place of Public Assembly Facilities as may be provided in conjunction with places of public assembly shall be subject to additional requirements which are imposed by this ordinance Utilities (major) See Parking Schedule #2 [Section 4.8(H)(3)] Office Uses Offices 3.0 spaces plus at least one (1) space for each three hundred (300) square feet of floor space Commercial Uses Adult Uses Auction House Auto Repair— Minor Automotive Wash Facilities Bed & Breakfasts Boarding House Business Support Services Communications/Broadcasting Convenience Stores Country Club 1.0 space for each one hundred (100) square feet of floor space. 1 1.0 space for each forty (40) square feet of floor space. ■ Outside sales area shall be added to the floor space of the principal building when determining square footage of floor space 8.0 spaces plus one (1) additional space for each eight hundred (800) 1 square feet of floor area over one thousand (1000) square feet 10.0 spaces or one (1) space for each employee on the maximum shift, whichever is greater ■ For self service facilities, there shall be a minimum of two (2) spaces ■ If the wash facility is integrated into an approved vehicle fuel sales business, the wash facility shall require no additional parking 1.0 space for each rental unit in addition to required residential off-street parking 2.0 spaces for each three (3) persons for whom accommodations are provided for sleeping 1.0 space for each two hundred (200) square feet of floor space ■ If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space 1.0 space for each four hundred (400) square feet of floor space. 1.0 space for each two hundred (200) square feet of floor space ■ If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space 4.0 spaces per golf hole plus spaces provided for accessory uses in accordance with this ordinance City of Monticello Zoning Ordinance Fa, -e 250, CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Commercial Uses (continued) Day Care Centers 1.0 space for each employee plus one (1) space per five children Entertainment/Recreation, Indoor Commercial 5.0 spaces for each alley plus additional spaces as may be required herein for related uses associated with the principal structure 1.0 space for each four (4) seats based on the design capacity of the main assembly hall; facilities as may be provided in conjunction with such buildings or uses shall be subject to additional requirements imposed by this ordinance Bowling Alley Theater Personal Services Recreational Vehicle Camp Site Repair Establishment i Restaurants Sit down restaurants Drive Through restaurants 1.0 space for each two hundred fifty (250) square feet of floor space ■ If in the CCD district, one (I) space per three hundred fifty (350) square feet of floor space 1.0 space per each recreational vehicle plus one (1) guest space per ten recreational vehicles See Parking Schedule #1 [Section 4.8(H)(2)] 1.0 space for each forty (40) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) square feet of kitchen area I 1.0 space for each fifteen (15) square feet of gross floor area but not less { than fifteen (15) spaces Page 260 City of Monticello Zoning Ordinance ■ If the theater is located in the original plat of Monticello, the required i spaces shall be reduced to 1.0 space per five (5) seats _-... _.. - ....__ ._... -- Entertain ment/Recreation, Outdoor _. ........ 10.0 spaces plus one (1) for each one hundred (100) square feet of floor Commercial area inside an associated structure Financial Institution ( 1.0 space for each four hundred (400) square feet of floor space. 20.0 spaces for each chapel or parlor, plus one (1) space for each funeral vehicle maintained on the premises Funeral Homes I ■ Aisle spaces shall also be provided off the street for making up a funeral i j procession 1.0 space for each rental unit plus one space for each ten (10) units and Hotels or Motels { one (1) space for each employee on the maximum shift Kennels (commercial) 11.0 space for each four hundred (400) square feet of floor space. — Landscaping/ Nursery Business See Parking Schedule #I [Section 4.8(H)(2)] Personal Services Recreational Vehicle Camp Site Repair Establishment i Restaurants Sit down restaurants Drive Through restaurants 1.0 space for each two hundred fifty (250) square feet of floor space ■ If in the CCD district, one (I) space per three hundred fifty (350) square feet of floor space 1.0 space per each recreational vehicle plus one (1) guest space per ten recreational vehicles See Parking Schedule #1 [Section 4.8(H)(2)] 1.0 space for each forty (40) square feet of gross floor area of dining and bar area and one (1) space for each eighty (80) square feet of kitchen area I 1.0 space for each fifteen (15) square feet of gross floor area but not less { than fifteen (15) spaces Page 260 City of Monticello Zoning Ordinance Commercial Uses (continued) Retail Commercial Uses In General CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses 1.0 space for each two hundred (200) square feet ■ If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space In which SO% or more of the gross floor I OPTION # I: 8.0 spaces OR one ( I ) space for each two hundred (200) area is devoted to storage, warehouses, square feet devoted to public sales or service plus one (I ) space for each andlor industry. The number of spaces 500 square feet of storage area may be determined by either of the listed options i OPTION #2: 8.0 spaces OR one space for each employee on the maximum shift Specialty Eating Establishments Vehicle Fuel Sales Vehicle Sales and Rental Veterinary Facilities 1.0 space for each two hundred (200) square feet ■ If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space i 4.0 spaces plus two (2) spaces for each service stall (not pump) ■ Those facilities designed for sale of other items than strictly automotive products, parts, or service shall be required to provide additional i parking in compliance with other applicable sections of this ordinance i 8.0 spaces plus one (I) additional space for each eight hundred (800) square feet of floor area over one thousand (1000) square feet 1.0 space for each two hundred fifty (250) square feet 1.0 space for each two hundred (200) square feet Wholesale Sales If in the CCD district, one (1) space per three hundred fifty (350) square feet of floor space Industrial Uses Auto Repair – Major Extraction of Materials General Warehousing Truck or Freight Terminal Waste Disposal & Incineration — --_...--------------- Wrecker Services Heavy Manufacturing Industrial Services Light Manufacturing See Parking Schedule #I [Section 4.8(H)(2)] See Parking Schedule #2 [Section 4.8(H)(3)] 8.0 spaces plus one (1) space for each two (2) employees on the maximum j shift or, at a minimum, at least eight (8) spaces plus one (1) space for each j one thousand (1000) square feet of floor area 8.0 spaces plus one (1) space for each two (2) employees on the maximum shift or, at a minimum, at least eight (8) spaces plus one (1) space for each five hundred (500) square feet of floor area See Parking Schedule #I [Section 4.8(H)(2)] See Parking Schedule #I [Section 4.8(H)(2)] See Parking Schedule #1 [Section 4.8(H)(2)] See Parking Schedule #I [Section 4.8(H)(2)] See Parking Schedule #I [Section 4.8(H)(2)] City of Monticello Zoning Ordinance Page 261 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses Industrial Uses (continued) Machinery/Truck Repair 1 See Parking Schedule #I [Section 4.8(H)(2)] Recycling and Salvage Center I See Parking Schedule #I [Section 4.8(H)(2)] 1.0 space per 100 lockers/units on the inside of the fenced area and at least five (5) spaces outside the fenced area Self Storage Facilities ■ If a caretaker's quarters is provided on-site, at least one (I) covered parking space for exclusive use by the caretaker shall be provided (iii) Unusable space (e.g. entries, halls, service areas, bathrooms, etc) within uses may be excluded from floor area calculations when applicable. (iv) Required parking spaces may be reduced through alternative development types (e.g. Planned Unit Development, utilization of Performance Based Enhancement Overlay District provisions, etc) as permitted in this ordinance. (c) CCD District Exceptions[ 14B -6(G)] Property owners in the CCD District shall comply with the parking supply requirements as listed in Table 4-7 of this ordinance. However, property owners may be granted flexibility from a portion of their required parking supply under the following conditions: [14B -6(G)(1)] (i) Where the City finds that there will be adequate opportunity to provide public parking in the vicinity of the subject property, and at the City's option, the owner shall pay into a "CCD" Parking Fund an amount as established by City Council Resolution. Said fund shall be used for the acquisition, construction, and/or maintenance of publicly -owned parking in the "CCD" district. [14B-6(G)(1)(a)] (ii) The City may, in addition to, or as an alternative to, the option listed in Section 4.8(E)(4)(c)(i) above, and at the discretion of the City, offer the property owner the opportunity to choose to supply parking at a rate which is sixty (60) percent of the requirement listed in Section 4.8 provided that the owner grants an easement to the public for automobile parking use over the subject area. The owner shall retain responsibility for maintenance of said parking area. [14B-6(G)(1)(b)] (iii) Location: Parking shall not be located on a parcel between the front building line of the principal building and the public street, except where expressly provided for by the City Council after recommendation from the Planning Commission. [14B -6(G)(2)] Page 262 City of Monticeib Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (d) Parking Stall Requirement: Schedule #1 Uses subject to Off -Street Parking Schedule #1 must provide the minimum number of off-street parking spaces indicated in Table 4-8, Off -Street Parking Schedule #1. Office or Administrative Area 1.0 space per three hundred (300) square feet Indoor Sales Area 1.0 space per two hundred (200) square feet Outdoor Sales, Display, or Storage 1.0 space per seven hundred fifty (750) square feet Area (3000 sq ft or less) Outdoor Sales, Display, or Storage — Area (over 3000 sq ft) 1.0 space per one thousand (I 000) square feet Indoor Storage / Warehousing / Vehicle Repair / Manufacturing Area < 3000 sq ft { 1.0 space per two hundred (200) square feet 30005 5000 sq ft 1.0 space per five hundred (500) square feet 5000:5 10,000 sq ft 1.0 space per seven hundred fifty (750) square feet > 10,000 sq ft 1.0 space per one thousand two hundred fifty (1250) square feet (e) Parking Stall Requirement: Schedule #2 Uses subject to Off -Street Parking Schedule #2 have widely varying parking demand characteristics, making it very difficult to specify a single appropriate off-street parking standard. Upon receiving a development application for a use subject to Schedule #2 standards, the Community Development Department is authorized to apply the off-street parking and loading standard specified for the listed use that is deemed most similar to the proposed use or establish minimum off-street parking requirements on the basis of a parking study prepared by the applicant. The study must include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) or other acceptable estimates as approved by the Community Development Department, and should include other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations. City of Monticello Zoning Ordinance Page 263 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (E) Standards Applicable to All Uses (5) Vehicular Use Area Design Conditional Use Permit Stall aisle and driveway design requirements outlined in Section 4.8 may be lessened subject to the following conditions: [3-5(D)(9)(s)] (a) Any reduction in requirements requires completion of the conditional use permit process outlined in Section 2.4(D) of this ordinance. [3-5(D)(9)(s)(i)] (b) Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the Community Development Department. Engineering expenses greater than the portion of building permit fee allocated for engineer plan review shall be paid by applicant prior to occupancy of structure. [3-5(D)(9)(s)(ii)] (c) Only properties which have existing buildings and are being expanded or remodeled for a new use shall be eligible for this conditional use permit. [3- 5(D)(9)(s)(iii)] (d) The applicant must show, and the Planning Commission must find, that there are existing non -conformities of the property which are being eliminated by the expansion or remodeling which justify a deferral to the paving, landscaping, or curbing requirements. [3-5(D)(9)(s)(iv)] (e) A deferral shall be considered by the City as a part of an application which includes full site plans, drawn to scale, of both the immediate paving, landscaping and curbing improvements and the ultimate paving, landscaping, and curbing improvements. [3-5(D)(9)(s)(v)] (f) In all districts other than the A -O District, this deferral shall apply only to the required paving, curbing and landscaping which is applicable to the existing portion of the use and building. Paving, curbing and landscaping attributable to any expansion shall be installed at the time of the expansion. [3- 5(D)(9)(s)(vii)] (6) Deferred Parking Where a proposed use clearly demonstrates affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics, ordinance - required paved parking spaces may be reduced and installation deferred until such time as the need for the full complement of parking. The need shall be detennined in conformance with a "proof of parking" plan so approved by the Community Development Department. [3-2(G)(8)(d)] Page 264 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses (7) Permit Required A permit shall be required for the installation of any surfacing material intended to be utilized for off-street parking. The fee for an off-street parking pen -nit shall be set forth in a fee schedule adopted by the City Council. The fee payment shall accompany the permit application. (8/27/07, #465) [3-5(1))(9)(t)] (8) Maintenance It shall be the joint and several responsibility of the lessee and owner of the principal use, uses, or building to maintain in a neat and adequate manner, the parking space, accessways striping, landscaping, and required fences. [3-5(E)] (F) Standards Applicable to Residential Uses (1) Location of Required Parking in Residential Areas (a) For single family and two family dwellings, off-street parking on a paved driveway within fifteen (15) feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. [3-5(F)(3)] (new off- street parking reg) (b) In the case of townhouse dwellings, parking shall be prohibited in any portion of the front yard except designated driveways leading directly into a garage or one (1) open paved space located on the side of a driveway away from the principal use. Said extra space shall be surfaced with concrete or bituminous material. For single family and two-family dwellings, parking shall be located as found in Table 4-9 and Figure 4-11. [3-5(F)(6)] (new off-street parking reg) (c) Parking and/or storage of passenger vehicles, recreational vehicles and equipment, emergency vehicles, and small commercial vehicles shall conform to the requirements of Table 4-9 and Figure 4-11. For the purposes of Table 4-9 and Figure 4-11, emergency vehicles shall be treated as "small commercial vehicles", but without limitations as to size. [3-5(D)(7)] (new off- street parking reg) (d) Under no circumstances shall large commercial vehicles be parked or stored in residential zoning districts, or on property that is used for residential purposes. [3-5(D)(7)] (new off-street parking reg) City of Monticello Zoning Ordinance Page 265 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses Driveway leading i One such One such directly into a garage A Any number vehicle vehicle Any number within the front yard (paved) (paved) (paved) (paved) of a lot — One such i Parking space One passenger vehicle, if it is E One passenger adjacent to the or small the only such One such or small driveway within the B commercial vehicle within vehicle (paved) commercial front yard of a lot vehicle (paved) the front yard j vehicle (paved) (surfaced)-- —j— ---------I -- r Other portions of ---- __ - ---- C No No No No the front yard I Yes, within a Yes within a Yes, within a Yes, within a space consisting ' space consisting space consisting space consisting Must maintain Side yard, adjacent to j of the 15 feet of the 15 feet of the 15 feet ! of the 15 feet i minimum 3 foot garage side of ( D � adjacent to the adjacent to the { adjacent to the ', adjacent to the setback to side lot structure J building building building i building line in all cases ' (surfaced) (unsurfaced) (surfaced)- f (surfaced) _ Side yard more than No No E No No L 15 feet from garage Side yard on { opposite side of F No No No No house from garage Must maintain minimum 3 foot Yes, within a Yes within a Yes, within a Yes, within a setback to side lot I space consisting 1 space consisting space consisting space consisting` line in all cases. Side and on corner y of the 15 feet of the 15 feet of the 15 feet + of the 15 feet ! This space may lot facing a public G adjacent to the adjacent to the adjacent to the adjacent to the i encroach to within street 3 building building. building g building g 5 feet of the right of g (surfaced) (unsurfaced) (surfaced) (surfaced) way, provided screening is j included. [I] see section 8.4 for definition Page 266 City of Monticello Zoning Ordinance Rear yard H [1] see section 8.4 for definition CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses No Yes No (unsurfaced) { Figure 4-11 No current limit to No number of such vehicles — must maintain a 3 foot setback to lot line t,.i- 51REEI City of Monticello Zoning Ordinance Page 267 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (F) Standards Applicable to Residential Uses (2) Vehicular Use Area Design in Residential Areas (a) Curb Cuts and Access (i) Single family uses shall be limited to one (1) curb cut access per property. [3-5(D)(9)0)] (ii) Curb cut access shall be at a minimum three (3) feet from the side yard property line in residential districts. [3-5(D)(9)(g)] (b) Surfacing Paving and surfacing requirements for parking and storage of passenger vehicles, emergency vehicles, recreational vehicles, and small commercial vehicles for single and two-family dwellings shall be as found in Table 4-9 and Figure 4-11. [3-5(D)(9)(k paragraph 1)] (c) Residential District Garage Requirements In all residential zoning districts, all detached single family homes and duplex units shall include development of an attached or detached garage. The minimum size requirement for the garage floor shall be 450 sq ft with a minimum garage door opening of 16 ft. with the following exceptions and/or deviations by district: [3-2(B)(5 paragraph 1)] (i) R-1 District An attached garage of at least 480 square feet shall be constructed as part of any single family home. [3-2(B)(5 paragraph 2)] (ii) R -A District 1. An attached garage of at least 700 square feet shall be constructed as part of any single family home. [3-2(B)(5 paragraph 3)] 2. Garage frontage: From side building line to side building line of any single family structure, no more than 40% of such building width shall consist of Garage doors that face the street. Side or rear loaded garages are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. [3-2(B)(5 paragraph 4)] 3. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. [3-2(B)(5 paragraph 5)] Page 268 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civic/institutional Uses (iii) T -N District 1. A garage of at lest 450 square feet, attached or detached, shall be constructed as a part of any single family home. [3-2(B)(5 paragraph 6)] 2. Garage frontage: From side building line to side building line of any single family structure, no more than 50% of such building width shall consist of garage doors that face the street. Side or rear loaded garages, or detached garages in the rear yard, are not subject to this regulation. An exception shall be made for garage doors that face the street, but are set back at least ten feet in back of the front building line of the principal use. [3-2(B)(5 paragraph 7)] 3. No portion of any garage space may be more than five feet closer to the street than the front building line of the principal single family use. [3-2(B)(5 paragraph 8)] (G) Standards Applicable to Commercial Industrial & Civic/Institutional Uses (1) Location of Required Parking for Commercial, Industrial & Civic/Institutional Uses (a) In business, industrial and institutional areas, no parking area may be located upon a public drainage and/or utility easement adjoining a public street without an encroachment agreement approved by the Community Development Department. (b) In the B-1 district, off-street parking shall not include semi -trailer trucks. [11- 3(B)] (2) Vehicular Use Area Design Applicable to Commercial, Industrial & Civic/Institutional Uses (a) Access and Curbing (i) Curb cut access in industrial and commercial zoning districts may exceed twenty-four (24) feet with the approval of the Community Development Department. Denial by the Community Development Department of curb cut access in excess of twenty-four (24) feet may be appealed following the procedures outlined in Section 2.4(H) of this ordinance. (1/10/00,#399) [3-5(D)(9)(f)(2)] City of Monticello Zoning Ordinance Page 269 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civichnstitutionol Uses (ii) Curb cut access shall not be closer than six (6) feet to any lot line as measured from the lot line to the face of the curb. An exception to the setback requirement shall be granted in Business Districts where adjoining business provide for private cross access between parking lots. [3-5(D)(9)(g)] and [3-5(D)(9)(o paragraph 1)] (iii) All off-street parking areas and driveways shall have a six (6) inch non - surmountable continuous concrete curb around the perimeter of the parking area and driveways. The Community Development Department may approve bituminous curbing as a temporary measure under the following conditions: [3-5(D)(9)(r)(i)] 1. If the area is shown by adequate site plans and reasonable growth to be subject to a future expansion of the driveway and/or parking area. [3- 5(D)(9)(r)(ii)(a)] 2. The area is shown by adequate site plans to be able to control site traffic and circulation as recommended by the Community Development Department. The Community Development Department may approve movable curb stops as a temporary traffic control measure. [3-5(1))(9)(r)(ii)(c)] 3. The area is shown by adequate drainage plans to be able to control. drainage as recommended by the Community Development Department. The Community Development Department may approve bituminous curbing as a temporary drainage control measure. [3- 5(1))(9)(r)(ii)(b)] (iv) Adjoining business properties may allow cross parking and/or access if authorized by a Conditional Use per the requirements of Section 2.4(D) and subject the following conditions: [3-5(D)(9)(o paragraph 1)] 1. The required island and landscaping requirements in Section 4.1 are met. [3-5(D)(9)(o)(1)] 2. The vehicular use area meets the required setback at the perimeter of the parcels in question. [3-5(D)(9)(o)(2)] 3. The curb cut access locations to the parking lot(s) are approved by the City. [3-5(D)(9)(o)(3)] 4. A shared parking/access and maintenance agreement is provided by the parking owners and recorded against all subject properties. [3- 5(D)(9)(o)(4)] Page 270 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civiclinstitutional Uses (b) Perimeter Vehicular Use Buffer See also Section 4.1(F): Oi Open, non-residential off-street parking areas shall be designed to screen Standardsfor headlights from abutting or surrounding residential districts through the Vehicular Use Area Landscaping use of a half -berm design. Said design shall be required in all instances g q where headlights are directed at surrounding or abutting residential properties. A half -berm is required in addition to any buffer yard See also landscaping requirements with a design as illustrated in Figure 4-12: [3 - Section 4.1(G): 5(D)(9)(u paragraph 1)] Standards for Perimeter Buffers Figure 4-12 Required Buffer Required Landscaping A Half Berm 75 Y Ilan -residential Residential Off-street kea 3:1 slope Parking Area (ii) In the event that drainage or other conditions do not permit a berm of this size, a solid, maintenance free fence may be permitted for all or a portion of the retaining wall to. the extent necessary to permit property drainage. Examples may include a two -foot retaining wall and bean, with a four foot tall fence section. This alternative may be allowed by Conditional Use Permit. Any fence proposed in lieu of the required design must be 100 percent opaque and in character with the surrounding area. [3- 5(D)(9)(u paragraph 2)] City of Monticello Zoning Ordinance Page 271 CHAPTER 4: FINISHING STANDARDS Section 4.8 Off-street Parking Subsection (G) Standards Applicable to Commercial, Industrial & Civicllnstitutional Uses (3) Joint Facilities for Commercial, Industrial & Civic/Institutional Uses The City Council may, after receiving a report and recommendation from the Planning Commission, approve a conditional use permit for one (1) or more businesses to provide the required off-street parking facilities by joint use of one (1) or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a pennit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a pen -nit except when the following conditions are found to exist: [3-5(I)(1)] (a) Up to fifty (50) percent of the parking facilities required for a theatre, bowling alley, dance hall, bar, or restaurant may be supplied by the off-street parking facilities provided by types of uses specified as a primarily daytime use in subparagraph (d) below. [3-5(I)(1)(a)] (b) Up to fifty (50) percent of the off-street parking facilities required for any use specified under (d) below as primary daytime uses may be supplied by the parking facilities provided by the following nighttime or Sunday uses: Auditoriums incidental to a public or parochial school, churches, bowling alleys, dance halls, theatres, bars, or restaurants. [3-5(I)(1)(b)] (c) Up to eighty (80) percent of the parking facilities required by Section 4.8 for a church or for an auditorium incidental to a public or parochial school may be supplied by off-street parking facilities provided by uses specified under (d) below as primarily daytime uses. [3-5(I)(1)(c)] (d) For the purpose of this section, the following uses are considered as primarily daytime uses: Banks, business offices, retail stores, personal service shops, household equipment or furniture shops, clothing or shoe repair or service shops, manufacturing, wholesale, and similar uses. [3-5(I)(1)(d)] (e) Conditions required for joint use: [3-5(I)(1)(e)] (i) The building or use for which application is being made to utilize the off- street parking facilities provided by another building or use shall be located within three hundred (300) feet of such parking facilities with the following exception: For theatres located in the Original Plat of Monticello, theatre parking provided by another use shall be located within five hundred (500) feet of said theatre. [3-5(I)(1)(e)(i)] (ii) The applicant shall show that there is no substantial conflict in the principal operating hours of the two (2) buildings or uses for which joint use of off-street parking facilities is proposed. [3-5(I)(1)(e)(ii)] Page 272 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.9 Off-street Loading Spaces Subsection (B) Location (iii) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to fonn and manner of execution by the City Attorney, shall be filed with the City Administrator and recorded with the County Recorder, Wright County. [3-5(I)(1)(e)(iii)] 4.9 Off-street Loadinu SDaces (A) Purpose The regulation of loading spaces in these zoning regulations is to alleviate or prevent congestion of the public right-of-way and so to promote the safety and general welfare of the public by establishing minimum requirements for off-street loading and unloading from motor vehicles in accordance with the utilization of various parcels of land or structures. [3-6(A)] (B) Location (1) All required loading berths shall be off-street and located on the same lot as the building or use to be served. [3-6(B)(1)] (2) The location of required loading births shall be such that circulation occurs within the designated site or property and does not depend upon a public street or alley. (3) All loading berth curb cuts shall be located at a minimum fifty (50) feet from the intersection of two (2) or more street right-of-ways. This distance shall be measured from the property line. [3-6(B)(2)] (4) No loading berth shall be located closer than fifty (50) feet from a residential district unless within a structure. [3-6(B)(3)] (5) Loading berths shall not occupy the front yard setbacks. [3-6(B)(4)] (6) Loading berths located at the front or at the side of buildings on a corner lot shall only be permitted if the following conditions can be met: [3-6(B)(5)] (a) Loading berths shall not conflict with pedestrian movement. [3-6(B)(5)(a)] (b) Loading berths shall not obstruct the view of the public right-of-way from off- street parking access. [3-6(B)(5)(b)] (c) Loading berths shall comply with all other requirements of Section 4.8. [3- 6(B)(5)(c)] City of Monticello Zoning Ordinance Page 273 CHAPTER 4: FINISHING STANDARDS Section 4.9 Off-street Loading Spaces Subsection (F) Size (d) All screening requirements of Section 4.1(I) are met. (7) Each loading berth shall be located with appropriate means of vehicular access to a street or public alley in a manner which will cause the least interference with traffic. [3-6(B)(6)] (C) Surfacing All loading berths and accessways shall be improved with not less than six (6) inch class five base and two (2) inch bituminous surfacing to control the dust and drainage according to a plan submitted to and subject to the approval of the Community Development Department. [3-6(C)] (D) Accessory Use, Parking and Storage Any space allocated as a required loading berth or access drive so as to comply with the terms of these zoning regulations shall not be used for the storage of goods, inoperable vehicles, or snow shall not be included as part of the space requirements to meet the off- street area. [3-6(D)] (E) Screening Except in the case of multiple dwellings, all loading areas shall be screened and Section 4.1(1): landscaped from abutting d din residential uses in compliance with Section Standards for p g ansurrounding p Required Screening 4.1(I), of this ordinance. [3-6(E)] (F) Size Unless otherwise specified in these zoning regulations, the first loading berth shall be not less than fifty-five (55) feet in length, and all loading berths shall be not less than thirty (30) feet in length. All loading berths shall be not less than ten (10) feet in width and fourteen (14) feet in height, exclusive of aisle and maneuvering space. [3-6(F)] Page 274 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (A) Purpose (G) Number of Loading Berths Required The number of required off-street loading berths shall be as follows: [3-6(G)] (1) Manufacturing, Fabrication, Processing, Warehousing, Storing, Retail Sales, Schools and Hotels For such a building five thousand (5,000) to one hundred thousand (100,000) square feet of floor area, one (1) loading berth fifty-five (55) feet in length and one (1) additional berth for each additional one hundred thousand (100,000) square feet or fraction thereof, plus one (1) berth thirty (30) feet in length for each thirty-five thousand (35,000) square feet of floor area or fraction thereof. [3- 6(G)(1)] (2) Auditorium, Convention Hall, Exhibition Hall, Sports Arena or Stadium Ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, one (1) loading berth; for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof, one (1) additional loading berth. [3- 6(G)(2)] 4.10 Grading, Drainage, & Erosion Control (A) Purpose (1) During the construction process, soil is highly vulnerable to erosion by wind and water. Eroded soil endangers water resources by reducing water quality and causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil also necessitates the maintenance of sewers and ditches and the dredging of lakes and ponds. [33-1 paragraph 1] (2) As a result, the purpose of this local regulation is to safeguard persons, protect property, and prevent damage to the environment in Monticello. This ordinance will also promote the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. This ordinance is to be used in supplement to any other regulations as required by state agencies. [33-1 paragraph 2] City of Monticello Zoning Ordinance Page 275 CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (C) Grading Drainage and Erosion Control Plan Requirements (B) Permits (1) The thresholds for required Grading, Drainage, and Erosion Control pen -nits along Section 2.4(N) Grading Permits with the pen -nit review process is outlined in Section 2.4(N) of this ordinance. (2) The Permittee(s) shall be responsible for obtaining required permits from other Excavation within government agencies prior to conducting grading work (e.g. dewatering a site for ROW is administered development will require one or more permits from the MPGA). through City Code Title 8, Chapter 2 (C) Grading Drainage and Erosion Control Plan Requirements (1) Plan Requirements (a) Grading, erosion control practices, sediment control practices, and waterway crossings shall meet the design criteria set forth in the Grading, Drainage and Erosion Control Plan, and shall be adequate to prevent transportation of sediment from the site to the satisfaction of the City of Monticello. [33-4 (A paragraph 1)] (b) The Grading, Drainage and Erosion Control Plan shall comply with the NPDES General Storm Water Permit requirements and include the following, as applicable: [33-4 (A paragraph 2)] (i) A natural resources map identifying soils, tree cover including size and type, significant native plant communities, and resources protected under other sections of this code. [33-4(A)(1)] (ii) A sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, phasing of clearing or grading, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of pennanent vegetation. [33-4(A)(2)] (iii) All erosion and sediment control measures necessary to meet the objectives of this local regulation throughout all phases of construction and after completion of development of the site. Depending upon the complexity of the project, the drafting of intermediate plans may be required at the close of each season. [33-4(A)(3)] Page 276 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (D) Construction Requirements (iv) Seeding mixtures and rates, types of sod, method of seedbed preparation, expected seeding dates, type and rate of lime and fertilizer application, and kind and quantity of mulching for both temporary and permanent vegetative control measures. Required specifications are referenced in the City of Monticello Plan Requirements and Design Guidelines. [33- 4(A)(4)] (v) Provisions for maintenance of erosion and sediment plan, specifically in boulevards, easements and other public areas, and estimates of the cost of maintenance. [33-4(A)(5)] (vi) Provisions for regular permittee inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). [33-4(A)(6)] (vii) Modifications to the plan shall be processed and approved or disapproved in the same manner as a new application per the requirements of Section 2.4(N). [33-4(A)(7)] (D) Construction Requirements (1) Construction Specifications (a) Grading, erosion and sediment controls as specified in the City's Plan Requirements and Design Guidelines. [33-5(A)(1)] (b) Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted, except when in compliance with all provisions of this ordinance. Clearing techniques that retain natural vegetation and drainage patterns shall be recorn mended as necessary and used to the satisfaction of the Community Development Department. [33-5(A)(2)] (c) Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. [33-5(A)(3)] (d) Phasing may be required on all sites based on site specifics, with the size of each phase to be established at plan review and as approved by the Community Development Department. [33-5(A)(4)] (e) Soil stabilization shall be completed within fourteen (14) days of clearing or inactivity in construction. [33-5(A)(5)] City of Monticello Zoning Ordinance Page 277 CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (D) Construction Requirements (f) Final stabilization on all sites shall become established within six (6) months. The City of Monticello may require the site to be reseeded or a non -vegetative option employed. [33-5(A)(6)] (g) Seeding shall be in accordance with the City's current seeding specification as detailed in the Plan Requirements and Design Guidelines. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. [33-5(A)(7)] (h) Special techniques that meet the design criteria outlined in Plan Requirements and Design Guidelines shall be in place on steep slopes or in drainage ways shall be used to ensure stabilization. [33-5(A)(8)] (i) Soil stockpiles which shall be inactive for a period of seven (7) or more days shall include provisions for perimeter sediment controls. The placement of soil stockpiles adjacent to public rights-of-way or waterways is prohibited. [33-5(A)(9)] (j) The entire site must be stabilized to a minimum of 70% coverage, using a heavy mulch layer or another method that does not require gennination to control erosion, at the close of the constriction season. [33-5(A)(10)] (k) Techniques shall be employed to prevent the blowing of dust or sediment from the site. [33-5(A)(11)] (1) Techniques that divert upland runoff past disturbed slopes shall be employed. [33-5(A)(12)] (2) Waterway and Watercourse Protection Requirements The Pennittee(s) shall implement the following waterway and watercourse measures on the site: [33-5(B)] (a) A temporary stream crossing installed and approved by the local government unit and regulating agency if a wet watercourse will be crossed regularly during construction. [33-5(B)(1)] (b) Stabilization of the watercourse channel before, during, and within 24 hours after any in -channel work. [33-5(B)(2)] (c) All on-site stonnwater conveyance channels designed according to the criteria outlined in the Plan Requirements and Design Guidelines. [33-5(13)(3)] Page 278 Crty of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (E) Inspection (d) Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. [33-5(B)(4)] (3) Pollution Prevention Management Measures The Permittee(s) shall implement the following pollution prevention management measures on the site: [33-5(C)] (a) Solid Waste: Collected sediment, asphalt and concrete millings, floating debris, paper, plastic, fabric, construction and demolition debris and other wastes must be disposed of properly and must comply with MPCA disposal requirements. [33-5(C)(1)] (b) Hazardous Materials: Oil, gasoline, paint and any hazardous substances must be properly stored, including secondary containment, to prevent spills, leaks or other discharge. Restricted access to storage areas must be provided to prevent vandalism. Storage and disposal of hazardous waste must be in compliance with MPCA regulations. [33-5(C)(2)] (c) External washing of trucks and other construction vehicles must be limited to a defined area of the site. Runoff must be contained and waste properly disposed of. No engine degreasing is allowed on site. [33-5(C)(3)] (E) Inspection (1) Notification The Erosion Control Inspector shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the Erosion and Sediment Control Plan as approved. [33-6(A)] (2) Procedure The City shall inspect all permit sites once per week and within 24 hours after a rain event. The City shall also require inspections at other development benchmarks as follows and as applicable. To obtain inspections, the permittee shall notify the City of Monticello at least one working day before the following: [33-6(B)] (a) Installation of sediment and erosion control measures [33-6(B)(1)] (b) Start of construction or site development [33-6(B)(2)] (c) Close of the construction season [33-6(B)(3)] City of Monticello Zoning Ordinance Page 279 CHAPTER 4; FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (F) Site Maintenance (d) Completion of final stabilization/landscaping [33-6(B)(4)] (e) Removal of erosion control measures [33-6(B)(5)] (f) Final project compliance and acceptance close-out [33-6(B)(6)] (3) Material Requirements Seed tags shall be submitted to the Erosion Control Inspector for approval prior to commencing work. Proof of application rates shall be provided. [33-6(C)] (4) Permitee Inspection The permittee or his/her agent shall also make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved Grading, Drainage and Erosion Control Plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. All inspections shall be documented in written form and submitted to the City of Monticello at the time interval specified in the approved permit. [33-6(D)] (5) Authorization A member of the Community Development Department shall enter the property of the applicant as deemed necessary to make regular inspections to ensure the validity of the reports filed under Section 4.9(E)(4). [33-6(E)] (F) Site Maintenance (1) Responsibilities (a) Within 24 hours, the permittee shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall provide the Community Development Department with a schedule for erosion and sediment control inspection, street cleaning, and street sweeping. [33-7(A)] (b) No development, utility or street construction will be allowed and no Building Permits will be issued unless the development is in full compliance with the requirements of this Ordinance. [33-7(B)] Page 280 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (H) Enforcement (G) Certification (1) Approved Grading, Drainage and Erosion Control Plan Plans for grading, stripping, excavating, and filling work bearing the stamp of approval of the Community Development Department, as applicable, shall be maintained at the site during the progress of the work. [33-8(A)] (2) As -built Grading Plan and Development Plan Within thirty (30) days after completion of site development as per the approved Grading, Drainage and Erosion Plan, and prior to the approval of individual building permits, the Developer shall provide the City with an As Built Grading Plan and Development Plan as defined in the City of Monticello Plan Requirements and Design Guidelines. [33-8(B)] (3) Procedure The City will withhold issuance of building permits until the approved certified As -Built Grading Plan and As -Built Development Plan are on file with the City, all securities as required by this ordinance are received, conservation easement posts are installed, and all erosion control measures are in place as detennined by the Community Development Department. [33-8(C)] (4) Removal of Erosion Control Measures The above specified requirements will be authorized for removal upon the sodding of the rear yards, completion of punch list items involving ponds and slopes, final stabilization, completion of proper turf establishment and placement of the proper conservation easement posts and signs as specified. Inspection is required after the removal of erosion control treasures to verify proper restoration. Please refer to City of Monticello Plan Requirements and Design Guidelines for specifications. [33-8(D)] (H) Enforcement (1) Notice of Violation If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City shall issue a Notice of Violation. The Notice of Violation shall detail the default and prescribe a remedy and required schedule for compliance. [33-9(A)(1)] City of Monticello Zoning Ordinance Page 28 CHAPTER 4: FINISHING STANDARDS Section 4.10 Grading, Drainage, & Erosion Control Subsection (H) Enforcement (2) Lapse and Order for Work (a) If the Grading permittee fails to meet or maintain sediment and erosion control measures per the Approved Grading, Drainage and Erosion Control Plan, the City may, in its discretion, perform the work or contract to have the work completed and draw down on the security to pay any costs. [33-9(B)(1)] (b) The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer's and City's rights or obligations hereunder. [33-9(B)(2)] (3) Stop Work Order / Revocation of Grading Permit In the event that any person holding a Grading Pen -nit pursuant to this ordinance violates the terns of the permit or implements site development in such a manner as to materially adversely affect the health, welfare, environment, or safety of persons residing or working in the neighborhood or development site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the City of Monticello may suspend or revoke the Grading Permit through the issuance of a stop work order or the revocation of the Grading or Building Permit. [33-9(C)(1)] (4) Violation and Penalties (a) No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill, or cause the same to be done, contrary to or in violation of any terns of this ordinance. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and each day during which any violation of any of the provisions of this ordinance is committed, continued, or permitted, shall constitute a separate offense. [33-9(D)(1)] (b) Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine as specified by the City ordinance for fee schedule for each offense. In addition to any other penalty authorized by this section, any person, partnership, or corporation convicted of violating any of the provisions of this ordinance shall be required to bear the expense of such restoration. [33-9(D)(2)] Section 2.4(N): Grading, Drainage, and Erosion Control Permits Page 282 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.11 Building Materials Subsection (C) Residential District Requirements 4.11 Building Materials (A) Purpose The purpose of these regulations is to enhance the quality and longevity of buildings in all zoning districts of the City, and to protect citizen investments in property value by ensuring complementary building style, construction, and appearance. [3-2(0)(intro)] (B) General Requirements (1) Consistency required In all districts, all buildings shall be finished on all sides with consistent architectural quality, materials, and design. [3-2(B)(4 paragraph 1)] (2) New materials In recognition of the ever-changing marketplace for new finishing materials, the Community Development Department may authorize the use of materials not listed herein if it is determined that such a material is substantially similar to one or more of the approved building materials. (C) Residential District Requirements (1) All Residence Districts No metal siding shall be permitted wider than 12 inches or without a one-half (1/2) inch or more overlap and relief. [3-2(13)(3)(d)] (2) R-1 District A minimum of 15% of the front building fagade of any structure in the R-1 District shall be covered with brick or stone. Any accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Community Development Department may approve optional facade treatments when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features. [3-2(B)(4 paragraph 2)] City of Monticello Zoning Ordinance Page 283 CHAPTER 4: FINISHING STANDARDS Section 4.11 Building Materials Subsection (D) Business District Requirements (3) R -A and T -N Districts A minimum of 20% of the front building fagade of any structure in the R -A or T- N zoning district shall be covered with brick or stone. Any attached or major detached accessory building that can be seen from the street shall meet this same standard. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. [3-2(B)(4 paragraph 3)] (D) Business District Requirements In all Business Zoning Districts (see table 3-1), the following building materials standards shall apply. [3-2(0)(intro)] (1) No galvanized or unfinished steel, galvalum, or unfinished aluminum buildings, except those specifically designed to have a corrosive designed finish such as"torten" steel, shall be permitted in the districts listed herein. [3-2(0)(1)] (2) Buildings in these zoning districts shall maintain a high standard of architectural and aesthetic compatibility with conforming surrounding properties to ensure that they will not adversely impact the property values of the abutting properties and shall have a positive impact on the public health, safety, and general welfare, insofar as practicable. [3-2(0)(2)] (3) Exterior building finishes in the districts subject to this Section shall consist of materials compatible in grade and quality to the following: (a) Brick (b) Natural Stone (c) Decorative rock face or concrete block (d) Cast -in-place concrete or pre -cast concrete panels (e) Wood, provided that the surfaces are finished for exterior use and wood of proven exterior durability is used, such as cedar, redwood, or cypress (f) Glass (g) Exterior Insulated Finish systems, where said system is manufactured to replicate the look of one of the approved building materials in this section (h) Stucco [3 -2(0)(3)] Page 284 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.12 Wind Energy Conversion Systems (WECS) Subsection (A) Purbose (4) Metal exterior finishes shall be permitted only where coordinated into the overall architectural design of the structure, such as in window and door frames, mansard roofs or parapets, and other similar features, and in no case shall constitute more than 15% of the total exterior finish of the building. [3-2(0)(4)] (E) Industrial Requirements (1) In the Industrial and Business Campus District (IBC), the following building materials and standards shall apply: (a) Any exposed metal or fiberglass finish on all buildings shall be limited to no more than fifty (50) percent of any one wall if it is coordinated into the architectural design. Any metal finish utilized in the building shall be aluminum of twenty-six (26) gauge steel, the roof slope shall be limited to a maximum of one (1) in twelve (12) slope. [ 15A -5(B)(1)] (b) All buildings constructed of curtain wall panels of finished steel, aluminum, or fiberglass shall be required to be faced with brick, wood, stone, architectural concrete case in place or pre -case panels on all wall surfaces. [ 15A -5(B)(2)] (2) In the Light Industrial (I-1) and Heavy Industrial (I-2) districts, the following building materials and standards shall apply: RESERVED (F) Institutional Requirements All institutional uses shall adhere to the building materials requirements spelled out for commercial districts in Section 4.11(D) above. 4.12 Wind Energy Conversion Systems (WECS) (A) Purpose The purpose of this section is to regulate the installation and operation of Wind Energy Conversion Systems (WECS) within the City of Monticello not otherwise subject to siting and oversight by the State of Minnesota under the Minnesota Power Plant Siting Act (MN Statutes Chapter 216E) City of Monticello Zoning Ordinance Page 285 CHAPTER 4: FINISHING STANDARDS Section 4.12 Wind Energy Conversion Systems (WECS) Subsection (8) WECS Requirements (B) WECS Requirements (1) General Standards (a) Number per Lot No more than one (1) WECS per lot shall be permitted. (b) Height and Setbacks In all Zoning Districts, the setback of any WECS or associated structures shall comply with the minimum yard requirements for principal structures within the district in which the WECS is to be located or the distance of 1.1 times the total height, whichever is greater. (c) Tower configuration (i) All wind turbines which are part of a Commercial WECS shall be installed with a tubular, monopole type tower; (ii) All Non -Commercial WECS shall be installed with monopole or lattice tower type; (iii) No guyed towers shall be permitted. (d) Color and Finish (i) All wind turbines and towers that are part of a Commercial WECS shall be white, grey or another non -obtrusive color. (ii) Finishes shall be matte or non -reflective. (iii) Blades may be black in order to facilitate deicing. (e) Lighting (i) Lighting, including lighting intensity and frequency of strobe, shall adhere to but not exceed requirements established by Federal Aviation Administration (FAA) permits and regulations. (ii) Red strobe lights are preferred for night-time illumination to reduce impacts on migrating birds; red pulsating incandescent lights should be avoided. (f) Other Signage All signage on site shall comply with City Code section 6.7. The manufacturer's or owner's company naive and/or logo may be placed upon the nacelle (compartment containing the electrical generator) of the WECS. Page 286 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.12 Wind Energy Conversion Systems (WECS) Subsection (B) WECS Requirements (g) Feeder Lines All communications and feeder lines, equal to or less than 34.5 kV in capacity, installed as part of a WECS shall be buried where reasonably feasible. Feeder lines installed as part of a WECS shall not be considered an essential service. (h) Shadow Flicker Shadow flicker may not exceed 30 hours per year and shall not fall more than 10 feet from an existing residential property. (i) Waste Disposal Solid and Hazardous wastes, including but not limited to crates, packaging materials, damaged or worn parts, as well as used oils and lubricants, shall be removed from the site promptly and disposed of in accordance with all applicable local, state and federal regulations. 0) Discontinuation and Decommissioning (i) A WECS shall be considered a discontinued use after 45 days without energy production, unless a plan is developed and submitted to the City of Monticello outlining the steps and schedule for returning the WECS to service. All WECS and accessory facilities shall be completely removed within 90 days of the discontinuation of use. (ii) Each Commercial WECS shall have a Decommissioning plan outlining the anticipated means and cost of removing WECS at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. A security or bond in an amount sufficient to cover complete decommissioning process shall be required as a condition of the conditional use permit. (k) Orderly Development Upon issuance of a conditional use permit, all Commercial WECS shall notify the appropriate state agencies as may be required by State Statute (e.g. Department of Commerce, Public Utilities Commission, Environmental Quality Board). City of Monticello Zoning Ordinance Page 287 CHAPTER 4: FINISHING STANDARDS Section 4.12 Wind Energy Conversion Systems (WECS) Subsection 0 WECS Requirements (2) Safety Design Standards (a) Engineering Certification For all WECS, the manufacture's engineer or another qualified engineer shall certify that the turbine, foundation and tower design of the WECS is within accepted professional standards, given local soil and climate conditions. (b) Clearance Rotor blades or airfoils must maintain at least 12 feet of clearance between their lowest point and the ground. (c) Warnings For all Commercial WECS, a sign or signs shall be posted on the tower, transformer and substation warning of high voltage. Signs with emergency contact information shall also be posted on the turbine or at another suitable location as determined by the City. (d) Unauthorized Climbing The WECS shall be guarded against unauthorized climbing. The first twelve (12) feet of the tower shall be non -climbable by design or be enclosed by a six (6) foot high, non -climbable fence with a secured access. (3) WECS Performance Standards (a) Noise All WECS shall comply with Minnesota Rules 7030 governing noise and Section 5.2(A)(2)(f) of this ordinance. (b) Electrical codes and standards All WECS and accessory equipment and facilities shall comply with the National Electric Safety Code and other applicable standards. (c) Federal Aviation Administration All WECS shall comply with FAA standards and pennits. (d) Minnesota State Building Code All WECS shall comply with the International Building Code as adopted by the State of Minnesota Building Code. Page 288 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section ;.12 Wind Energy Conversion Systems (WECS) Subsection (B) WECS Requirements (e) Interference (i) The applicant shall minimize or mitigate interference with electromagnetic communications, such as radio, telephone, microwaves, or television signals cause by any WECS. (ii) The applicant shall notify all communication tower operators within two miles of the proposed WECS location upon application to the City for a WECS permit. (iii) No WECS shall be constructed so as to interfere with any governmental unit microwave transmissions. (f) Right of Entrance Through acceptance of a conditional use permit for a WECS, the owner/operator grants permission to the City to enter the property to remove the WECS pursuant to the terms of the conditional use permit and to assure compliance with other conditions set forth in the permit. (g) Avoidance and mitigation of damages to infrastructure and utilities (i) Roads 1. Applicants shall identify all county, City or township roads to be used for the purpose of transporting commercial WECS, substation parts, concrete, and/or equipment for construction, operation or maintenance of the commercial WECS and obtain applicable weight and size permits from the impacted road authority(ies) prior to construction. 2. Applicants shall be responsible for restoring or paying damages as agreed to by the applicable road authority(ies) sufficient to restore the road(s) and bridges to preconstruction conditions. (ii) Drainage system The applicant shall be responsible for immediate repair of damage to public drainage systems stemming from construction, operation or maintenance of the WECS. (iii) Public and Private Utilities The owner of the WECS is responsible for any damage to any below grade public or private utilities, due to the installation, operation, decommissioning, or action otherwise resulting for any WECS. City of Monticello Zoning Ordinance Page 289 CHAPTER 4: FINISHING STANDARDS Section 4.12 Wind Energy Conversion Systems (WECS) Subsection (D) WECS Permit and Site Plan Application Requirements (C) Required Permits No person, firm or corporation shall erect, construct in place, re -erect, replace or make structural repairs to any tower without making application for and receiving an approved conditional use or site plan approval and building permit, when applicable. In all cases, review by the Community Development Department for all required permits will be necessary. Site Plans and Conditional Use Permits shall be applied for and reviewed under the applicable procedures established in Chapter 2 of this ordinance. (D) WECS Permit and Site Plan Application Requirements (1) All applications for a WECS conditional use and/or site plan review shall provide the following to be considered complete: (a) The names of project applicant; (b) The name of the property owner; (c) The legal description AND address of the project; (d) A description of the project including: (i) Number of proposed units; (ii) Type of units proposed for construction; (iii) Name plate generating capacity of each unit; (iv) Rotor diatneter(s); (v) Tower height(s) determined by the distance from the surrounding grade to the rotor hub or top of the tower, whichever is higher; and (vi) Total height of all wind turbines and means of interconnecting with the electrical grid. (e) Property Survey, including the location of property lines, wind turbines, electrical wires, interconnection points with the electrical grid, and all related accessory structures. The survey shall include distances and be drawn to a measurable scale. (f) Evidence that the applicant can obtain and maintain adequate liability insurance for the WECS and subject property; (g) Engineer's Minnesota State certification and project design specifications; (h) Documentation of land ownership or legal control of the property. Page 290 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.12 Wind Energy Conversion Systems (WECS) Subsection (D) WECS Permit and Site Plan Application Requirements (2) Additional Submittal Requirements for Commercial WECS only: (a) The latitude and longitude of individual wind turbines; (b) A USGS topographical map, or map with similar data, of the property and surrounding area, including any other WECS within 10 rotor diameters of the Proposed WECS; (c) Location of wetlands, scenic, and natural areas including bluffs within 1,320 feet of the proposed WECS; (d) FAA Permit Application; (e) Location of all known Communications Towers within two (2) miles of the proposed WECS; (f) Proof that the WECS will not interfere with emergency or other microwave transmission; (g) A noise study, prepared by a qualified professional, that demonstrate that except for intermittent episodes, the WECS shall not emit noise in excess of the limits established in Minnesota Rules 7030 governing noise and Section 5.2(A)(2)(f) of this ordinance, as applicable. (h) A shadow flicker model that demonstrates that shadow flicker shall not fall on, or in, any existing residential structure. Shadow flicker expected to fall on a roadway or a portion of a residentially zoned property may be acceptable if the flicker does not exceed 30 hours per year; and the flicker will fall more than 100 feet from an existing residence; or the traffic volumes are less than 500 vehicles (ADT). The shadow flicker model shall: (i) Map and describe with a 1,000 foot radius of the proposed dispersed wind energy system the topography, existing residences and location of their windows, location of other structures, wind speeds and directions, existing vegetation and roadways. The model shall represent the most probable scenarios of wind constancy, sunshine constancy, and wind directions and speed; (ii) Calculate the locations of shadow flicker caused by the proposed project and the expected durations of the flicker at these locations, calculate the total number of hours per year of flicker at all locations; City of Monticello Zoning Ordinance Page 291 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (A) Purpose (iii) Identify problem areas where shadow flicker will interfere with existing or future residences and roadways and describe proposed mitigation measures, including, but not limited to, a change in siting of the WECS, a change in the operation of the WECS, or grading or landscaping mitigation measures. (i) Decommissioning Plan; and (j) Description of potential impacts on nearby WECS and wind resources on adjacent properties. 4.13 Telecommunication Towers and Antennas (A) Purpose The City of Monticello acknowledges the legal right of telecommunication providers to locate within the City, and the need to accommodate the communication needs of residents and businesses. However, the City wishes to implement its legal authority to adopt zoning requirements which are nondiscriminatory, not intended to prohibit telecommunications service, and not based on health effects of radio frequency emissions. In order to establish uniform, nondiscriminatory regulations that protect the public health, safety and general welfare of the City, these regulations are intended to: (1) Minimize adverse visual effects of towers through careful design, landscaping, and siting standards. (2) Avoid potential damage to adjacent properties from tower failure and weather related occurrences through structural standards and setback requirements; (3) Maximize the use of existing and approved towers and buildings to accommodate new telecommunication antennas in order to reduce the number of towers needed to serve the community; (4) Utilize business, industrial and public land, buildings and structures for telecommunications whenever possible and/or appropriate; (5) Provide for the appropriate location and development of towers and antennas to accommodate the communication needs of the residents and businesses within the City of Monticello; Page 242 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (8) New Tower Requirements (S) New Tower Requirements (1) Prerequisite A proposal for a new telecommunications tower shall not be approved unless it can be documented by the applicant to the satisfaction of the City that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or structure within a one (1) mile radius of the proposed tower—transcending all municipal boundaries—due to one or more of the following reasons: (a) The planned equipment would exceed the structural capacity of an existing or approved tower or building, as documented by a licensed professional engineer, and any existing or approved tower or structure cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. (b) The planned equipment would cause interference with other existing or planned equipment at the tower or structure. (c) Existing or approved towers and structures within a one (1) mile radius cannot accommodate the planned equipment at a height necessary for reasonable function. (d) The applicant has demonstrated that location of the antennas, as proposed is necessary to provide adequate coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district or an existing structure. Information provided as part of the capacity analysis, that is a trade secret, pursuant to Minnesota Statute 13.37, shall be classified as non-public data. (e) Other unforeseen reasons that make it unfeasible to locate the telecommunications equipment upon an existing or approved tower or building. (2) Future Co -location sites required New antenna support structures shall be designed so as to accommodate other users including but not limited to other personal wireless communications service companies. The applicant shall demonstrate to the satisfaction of the City that opportunities will be made available for co -locating other antennas on the antenna support structure. [3-12(AC)(1)] City of Monticello Zoning Ordinance Page 293 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (C) General Requirements (C) General Requirements The following general requirements shall apply to all telecommunication towers: (1) Siting Provisions (a) Antennas shall be located on existing buildings and structures, if possible. [3- 12(AB)(1 paragraph 1)] (b) No part of any tower or antenna, nor any lines, cables, equipment, wires or braces shall at any time extend across or over any part of the right-of-way of a public street or a property line unless approved by the City in conjunction with a conditional use permit. (c) No tower shall be located within any utility or drainage easement. [3-12(AB)(2 paragraph 2)] (d) If a tower is proposed to be within a park or golf course, the tower must be deemed compatible with the nature of the park or course. (e) If a tower is proposed to be located within a parking lot, the required monopole must replicate or substantially blend with the overall lighting standards of the parking lot. (2) Setbacks (a) In all zoning districts, the setback of any tower or antenna shall comply with the minimum setback requirements of the district in which the tower is to be located, or the distance detennined as the fall zone of the tower by a licensed professional engineer, whichever is greater. [3-12(AB)(6)] and [3-12(AB)(2 paragraph 1)] (b) In all Zoning Districts, no monopole shall be located within two hundred fifty (250) feet of an existing residence, or the proposed home location on an approved Preliminary Plat. No other type of tower shall be located within five hundred (500) feet of an existing residence, or the proposed home location of an approved preliminary plat. [3-12(AB)(6)] (c) Guy wires and anchors need not meet the required setbacks, but such wires shall be located on the principal property (property on which tower is located) unless otherwise authorized by a conditional use permit per the siting provisions in Section 4.13(C)(1)(b) above. Page 294 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (C) General Requirements (d) All towers shall be located in the side or rear yard of a principal structure of a property, whenever applicable. (3) Height Related Requirements (a) Towers located on existing buildings and structures (i) Antenna Height: Antennas shall not extend more than ten (10) feet above the highest part of the building or structure to which they are attached nor more than ten (10) feet above the highest roof elevation. [3-12(AB)(3)(a)] (ii) Antenna Support Structure Heights: Except as pennitted by conditional use permit, antenna support structures shall not exceed ten (10) feet in height above the maximum allowable building height for the zoning district in which the antenna support structure is located. [3-12(AB)(3)(b)] (b) Freestanding Towers (i) Within a non -residence zoning district, no tower shall exceed two hundred (200) feet in height, including the extension of any antenna or apparatus. Within a residence zoning district, no tower shall exceed one hundred fifty (150) feet in height including the extension of any antenna or apparatus. (ii) Proposed towers up to one hundred twenty-five (125) feet tall shall be designed structurally, and in all other respects, to accommodate both the applicant's antenna and compatible antennas for at least one (1) other wireless provider. Towers in excess of one hundred twenty-five (125) feet shall provide for a minimum of three (3) wireless users. Towers must be designed to allow for future arrangement of antennas upon the tower, to accept antennas mounted at suitable heights, and to locate all ground equipment of each provider within a single enclosed structure. (4) Design (a) Telecommunication towers shall be of a monopole design. This provision does not apply to amateur (short wave) radio towers or commercial and public radio or television towers. (b) No advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable warning and equipment information signage required by the manufacturer or by federal, state, or local authorities. City of Monticello Zoning Ordinance Page 295 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (C) General Requirements (c) All towers, antennas, and accessory structures shall be in compliance with all City and State Building Codes, as applicable, and shall obtain all necessary permits. (d) Structure design, mounting and installation of the tower and/or antenna(s) shall be in compliance with the manufacture's specifications, and installation plans shall be approved and certified by a licensed professional engineer. (e) Tower and antennas shall be grounded for protection against a direct strike by lightning and shall comply, as to electrical wiring and connections, with all applicable provisions of all State codes. [ 10-8(L)(7)] (f) All towers shall be constructed of corrosive -resistant steel or other corrosive - resistant, non-combustible materials. (g) All towers, tower anchors and tower accessory buildings, shall be surrounded by security fences six (6) feet in height with a locked gate unless waived by the City Council. The City Council may require that a monopole be fenced. [3-12(AB)(4)] (h) All transmitting, receiving and switching equipment shall be housed within a structure or cabinet whenever possible, and shall adhere to the following: (i) If a new tower accessory building is necessary to house such equipment, it shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping as deemed necessary by the City Council. [3-12(AB)(5)] (ii) Accessory equipment associated with a rooftop antenna, satellite dishes, or wall antenna shall be located within the building, cabinet, or within a roof or ground enclosure which is constructed of materials and color scheme compatible with the principal building. (iii) All transmitting, receiving and switching equipment located on City property shall be housed within a structure or cabinet. It shall be architecturally designed to blend in with the surrounding environment, and shall be screened from view by landscaping consistent with (insert applicable screening section here). (iv) Towers located within 1000' feet of the FiberNet Monticello Co -Location Building shall be required to locate all transmitting, receiving and switching equipment within the FiberNet Monticello Co -Location Building. Page 296 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (C) General Requirements (i) The tower shall have an exterior galvanized finish of lighter blue, gray or other color which minimizes visibility off-site, unless otherwise required by FAA regulations. [3-12(AB)(8)] (j) Lights and Attachments (i) No tower or antenna shall have lights, reflectors, flashers, daytime strobe lights, night-time red lights, or other illuminating devices affixed or attached, unless required by the FAA or FCC. (ii) Towers shall not be illuminated by artificial means. (iii) No tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest, or like structure, except during periods of construction or repair. (iv) When incorporated into the approved design of the tower, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. [3-12(AB)(9)] (k) Any tower, antenna and related equipment shall comply with all federal, state and local regulations. [3-12(AB)(10)] (5) Site Landscaping (a) Existing vegetation on the site shall be preserved to the maximum extent possible. (b) Gravel or other durable surface, or other weed prevention measures, shall be applied within the fenced area surrounding the tower and anchors to prevent the growth of weeds, if required by the City Council. (6) Non -Interference (a) No provider shall interfere with the operation of radios, televisions, telephones, facsimile machines, computer modems, telephone answering machines, and other electronic devices. Any such interference shall be corrected as soon as possible by the provider. [10-8(L)(9)] (b) No new or existing telecommunications service shall interfere with public safety telecommunications. Before the introduction of new service or changes in existing service, telecommunication providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process. All costs incurred by the City to monitor interference levels during the testing process shall be paid to the City by the applicant. City of Monticello Zoning Ordinance Page 297 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (D) Specific Antenna Provisions (7) Agreements (a) All communication towers, antennas, accessory structures, and associated equipment shall be insured against injury or property damage caused by structural failure of the tower or associated equipment. The applicant shall provide proof of such insurance prior to receiving a permit. (b) A signed lease, memorandum of lease, or document requiring the removal of towers and antennas shall be provided to the City. (c) When applicable, written authorization for tower and antenna erection shall be provided by the property owner. (8) Outside Review The Community Development Department is authorized to employ, on behalf of the City, an independent technical expert to review technical materials submitted by the applicant, or to determine if additional information is necessary. The applicant shall pay the cost of such review and/or independent analysis. (D) Specific Antenna Provisions (1) Existing Antenna Changes The adjustment, placement, or replacement of the elements of an antenna array affixed to an approved tower or antenna is permitted provided a building permit is issued and proper licensing is secured. (2) Co -Locations Antenna Co -Locations are a permitted use upon issuance of a building permit for the following locations: (a) Water towers over 250,000 gallon capacity; (b) Co -location on existing telecommunications towers; (c) Sides or roofs of structures over two stories; (d) Church steeples; (e) Existing power or phone pole structures (expansion of pole height shall not exceed 1/106' of the existing pole height); (f) Existing towers supporting amateur radio antennas in the agricultural district. Page 298 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (G) Specific Personal Wireless Communications Service Antenna Provisions (E) Specific Amateur Short Wave Antenna Provisions All amateur short wave antennas shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance and shall meet the following additional requirement: [3-12(AC)] (1) Antenna support structures used in the federally licensed amateur radio service shall not exceed a maximum of seventy (70) feet above grade. [3-12(AC)(4)] (F) Specific Radio/Television Broadcast Transmission Antenna Provisions All radio/television broadcast transmission antennas shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance and shall meet the following additional requirements: [3-12(AC)] (1) Antenna support structures for radio and television broadcast transmission antennas shall only be located in the I-1 and 1-2 zoning districts; [3-12(AC)(3)] (2) Antenna support structures for radio and television broadcast transmission antennas shall not exceed one hundred sixty-five (165) feet in height. [3-12(AC)(3)] (G) Specific Personal Wireless Communications Service Antenna Provisions Antenna support structures for personal wireless communication systems shall be allowed as conditional uses provided: [3-12(AC)(5)] (1) Minimum spacing between personal wireless communications service antenna support structures shall be 1/4 mile. [3-12(AC)(5)(a paragraph 1)] (2) Based upon information provided by the applicant, the City Council may grant exceptions if the City Council determines that any one of the following reasons snakes it impractical to locate the planned personal wireless communications service equipment upon an existing antenna support structure within 1/4 mile of the proposed site: [3-12(AC)(5)(a paragraph 2)] (a) No existing building, structure, or antenna support structure meets the structural or height requirements, or [3-12(AC)(5)(a)(1)] (b) No existing building, structure, or antenna support structure meets the frequency reuse and spacing needs of the personal wireless communication system, or [3-12(AC)(5)(a)(2)] City of Monticello Zoning Ordinance Page 299 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (1) Submittal Requirements (c) The location of the proposed new antenna support structure is necessary as demonstrated by the applicant, who shall provide to the City Council evidence demonstrating that the planned equipment would cause interference, materially impacting the usability of other existing or planned equipment at the antenna support structure, and the interference cannot be prevented at a reasonable cost. [3-12(AC)(5)(a)(3)] (3) All new antenna support structures for personal wireless communication system antennas shall be a single ground mounted metal, concrete, or plastic composite (i.e., fiberglass, graphite fiber, etc.) pole. Such antenna support structures shall not exceed seventy-five (75) feet in height in Residential and Business zoning districts (see table 3-1), and shall not exceed one hundred sixty-five (165) feet in height in Industrial zoning districts (see table 3-1). [3-12(AC)(5)(b)] (H) Required Permit s No person, firm or corporation shall erect, construct in place, re -erect, replace or make structural repairs to any tower without making application for and receiving an approved conditional use permit if applicable and a building permit. In all cases, review by the Community Development Department for all required permits will be necessary. [3-12(AB)(1 paragraph 1)] (I) Submittal Requirements Applications for either a building permit or conditional use permit shall include the following: (1) The legal description of the property on which the tower is to be located; (2) A certified survey of the property showing the tower location and related facilities, along with any other information deemed necessary by the Community Development Department; (3) One or more color computer generated photographs depicting the proposed tower located on the site; (4) If a co -locator, information on non-interference; (5) Information on non-interference with public safety telecommunications; (6) Proof of insurance against injury and property damage; (7) Written authorization by the owner of the land for the tower construction; Section 2.4(D): Conditional Use Permits Section 2.4(1): Building Permits Page 300 City of Monticello Zoning Ordinance CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection (1) Submittal Reauirements (8) A recordable agreement, lease or other instrument imposing liability and responsibility upon the owner of the property and the owner of the tower for the removal of the tower upon cessation of use; (9) Documentation that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or structure within one (1) mile radius; (10) A plan illustrating all known future location sites for telecommunication towers and/or antennas; (11) Information to indicate that construction, installation, and maintenance of the tower will not create a safety hazard or damage to adjacent properties; (12) Copies of all required federal, state and local licenses; (13) A capacity analysis and coverage analysis, as required, prepared by a qualified radio frequency analyst, showing alternate sites considered and the proposed tower site is necessary to meet the needs of the system, and that the tower cannot be located in a less restrictive district, or be accommodated by co -location on an existing tower or structure; (14) A landscape and/or screening plan (if necessary); and (15) A Decommissioning plan outlining the anticipated means and cost of removing the tower and antennas at the end of their serviceable life or upon becoming a discontinued use. The cost estimates shall be made by a competent party; such as a Professional Engineer, a contractor capable of decommissioning or a person with suitable expertise or experience with decommissioning. (16) A security or bond in an amount sufficient to cover complete decommissioning process outlined in the decommissioning plan. (17) Any additional information as deemed necessary by the Community Development Department. City of Monticello Zoning Ordinance Page 301 CHAPTER 4: FINISHING STANDARDS Section 4.13 Telecommunication Towers and Antennas Subsection d) Removal of Abandoned or Unused Towers or Portions of Towers (,l) Removal of Abandoned or Unused Towers or Portions of Towers Any tower and/or antenna which is not used for six (6) successive months shall be deemed abandoned and may be required to be removed from the property. All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations at the site unless a time extension is approved by the City Council. After the facilities are removed, the site shall be restored to its original or an improved state. If a tower is not removed within twelve (12) months after the cessation of operations at a site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the property. The owner of the tower and the owner of the property are both responsible for removal of the tower as required by this section. Page 302 City of Monticello Zoning Ordinance lG� Planning Commission Agenda: 11/17/10 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 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. 2 Planning Commission Agenda: 11/17/10 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 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. 0 Planning Commission Agenda: 11/17/10 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 -IA, which is now RA (Residential Amenities), R -2A, which is now TN Traditional Neighborhood, and I -IA, 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 5 Planning Commission Agenda: 11/17/10 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 0 Planning Commission Agenda: 11/17/10 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. 7 Planning Commission Agenda: 11/17/10 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) N. Planning Commission Agenda — 12/07/10 7. Consideration to review applications for open Planning Commission position and consideration to review and recommend for the expiring terms of Planning Commissioners. (AS) A. REFERENCE AND BACKGROUND In January of 2010, Planning Commissioner Lloyd Hilgart will take his newly elected position on the City Council. Our congratulations to Commissioner Hilgart. Commissioner Hilgart's election to the Council leaves a vacancy on the Planning Commission. The City posted information on the opening on the City website, on Facebook, with the Chamber, in the City e -news and at the MCC. To -date, the City has received only one application for the position. That application is included for your review. The City has extended the application deadline to December 16th and continues to keep the posting info out in the named sources. On the recommendation of the Planning Commission, staff will schedule an interview with the current applicant prior to the January 4th meeting, and will provide any additional application information via email to the Commission for further review and scheduling in January. Commission could also delay the interviews to February. In addition to the open position, City records indicate that Commissioner Gabler's term on the Planning Commission expires in December of 2010. Commissioner Gabler has indicated her willingness to serve another three year term. The City Council would ratify Commissioner Gabler's appointment on January 10th, 2011. That appointment will be retro -active to January 1St, 2011. B. ALTERNATIVE ACTIONS Decision 1: Candidate Interviews 1. Motion to call for a special meeting of the Planning Commission on January 4th, 2010 at 5:00 PM for the interview of Planning Commission applicants. 2. Motion of other. Planning Commission Agenda — 12/07/10 Decision 2: Expiring Terms 1. Motion to appoint Commissioner Gabler to a new 3 year term, beginning January 1, 2011. C. SUPPORTING DATA A. Planning Commissioner Applications CITY OF MONTICELLO Aid P LtCATtQN F -OR BOARDS AND COMMISSIONS Name rjc kc/\ " If c-yy e J/*�- o �r Address_ ,. Home Phone / j fi Cell Phone If not otherwise specified, you must be a resident of the City of Monticello to serve on the following boards. Please circle the board(s) on which you are interested in serving. Industrial and Economic Development Committee (Does not require residency) FiberNet Advisory Board City Planning Commission Library Monticello Community Center Advisory Board Police Advisory Commission Parks Commission Economic Development Authority (May not require residency) -Education Highest Level of Education c,�rl- /'- (1-ec? re- if Employment Current Employer, if applicable position/Title C-0 t -I Dates of Employment (starting/ending) Former Employer, if applicable Position/Title Dates of Employment (starting/ending)_ Other Please describe in detail Why you are interested in volunteering for the City of Monticello. C' Vt f -I 4- n6es (include organization names meawdescnoe your pmaor" nteer - and dates of service) ii 5,-,) V � Rri I S Or k dc �q � References Please list three non -family members who can provide references on your ability to perform this volunteer positon: Name iV /�7 �( Phone Number GC9�vPyv�Gc��E t�fC�r��� Name P -e +e y- Phone Number _ _ _ _ Name Q � d Fs� r`r' Phone Number_ Please read the following carefully before signing this application: I understand that this is an application for and not a commitment or promise of volunteer opportunity. I certify that I have and will provide information throughout the selection process, including on this application for a volunteer position and in interviews with the City of Monticello that is true, correct and complete to the best of my knowledge. I certify that I have and will answer all questions to the best of my ability and that I have not and will not withhold any information that would unfavorably affect my application for a volunteer position. I understand that information contained on my application will be verified by the City of Monticello. I understand that misrepresentation or omissions may be cause for my immediate rejection as an applicant for a volunteer position with the City of Monticello or my termination as a volunteer. Signature kms, i Date Return Completed Application to: Monticello City Hall, Attn: Human Resources, 505 Walnut St, Suite 1, Monticello, MN 55362 Planning Commission Agenda — 12/07/10 8. Community Development Director's Update. (AS) Park and Trail Plan & Resource Update The City is well underway on the Monticello Parks and Trails Plan & Resource Update. Below is a bullet point summary of progress to -date. • Work has been focused on the initial inventory and assessment phase of the project, with much of the public outreach and plan development to occur after February 1St • The City has signed an official contract with Northwest Associated Consultants for completion of the plan. The contract includes a detailed scope of work, based on the scope included in the grant application. • NAC has developed a chart illustrating the timeline for each primary task component of the project. • The City has provided NAC with base information for the plan inventory component, including GIS parcel map information, current park inventory information, park amenities and acreage, and future growth projection and park dedication information. • NAC has reviewed all of the information and has begun incorporation into their plan documentation. • NAC has also completed an initial field inspection of some (not all) of Monticello's parks. • NAC has developed a draft community member survey. Staff/NAC have determined the scope of the survey, refined the questions, determined who it will be distributed to, when and how. • City staff have held initial conversations with our GIS provider (WSB) to begin developing the parks and trails GIS layer framework and online capability. • NAC met with the Monticello Community Center Advisory Board and Parks Commission to provide an overview of the project, review the draft user survey, and ascertain clear expectations from that group on outcomes. • NAC/City staff have also arranged for monthly progress meetings to discuss work -to -date and next steps in the process. Two such meetings have been held to -date. Census Data To follow is an update for the Planning Commission on the availability of 2010 Census information. The official 2010 (as of April 1, 2010) state population totals must be delivered to President Obama by December 31, 2010. These are the data that will trigger the transfer of Representatives among the 50 states. Planning Commission Agenda — 12/07/10 Also released in December 2010 will be the first five-year American Community Survey (ACS) dataset, from 2005 to 2009. The American Community Survey replaced the "long form" in the decennial census, and takes a sample of the population and projects the findings to the population as a whole. The American Community Survey reaches 2.5 percent of the nation's population each year (1 in 40 addresses; approximately 3 million households). The survey rotates annually so that no household receives the survey more than once every five years. The ACS provides data down to the Census Block level. Here are a couple of things to keep in mind for December's data: Only state totals come out by December 31, 2010. Complete state files, down to the block level, will be released weekly between January and March 2011. Small states usually come first, and states that have metro -areas crossing state boundaries towards the end. As such, it is unlikely that Monticello will be able to properly change municipal population signs until 2011, as previously noted. Anyone can access data made available as it is released by visiting American Factfinder at (http:Hfactfinder.census. gov). Housing Report Staff has completed two components of the Housing Report, which include housing and lot inventory data. The report is attached for your initial review. The remaining pieces of the inventory, including vacancy rates and market absorption, will be provided in January. Staff also hopes to be able to provide more detailed rental information by neighborhood. The Commission should keep in mind that while the Housing Report contains valuable data on Monticello's housing picture, it is only a snapshot in time. Market absorption and vacancy information is subject to frequent change and adjustment. 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 can and should be pared with a review of the forthcoming Census data, noted above. It would be staff's intent to gain preliminary feedback on refinements the Commission would like to see on the report at the December meeting, with a more detailed review in January. Staff has also included two articles from the National Home Builder's Association. These articles provide more detailed profiles of home buyers and homes nationwide. 2 W LM LrlO p O O O O i 199 j NS t ` { i i w d -'996 N � i 199) 00 2998 € F 1-999Ln i ID 2000 1 cCL cn rj CL �. Z003 i N 0A Z o im m 1 N rA BOOS j ?Lnr I Q rr 1006 w f�D 0 200) 2008 N O o -1009 ro Q -1010 o �� (D N r) M 3 D �. N �J N O O � O N O N N N F-' N W U1 a) V 00 lD O O O O O O O O O O O O F ■ n z 0 < Q ` �• m D a n rt, r o a o p o D z r m a Cb a o Q r zz-ZZ o z Cb m -r3o a 'TZ a tr z _ 5 o z ?� i� Z m a 00 z o o O > O n u -C, a p �. m co s a ti N m a o o CL O N N a Q p ON On m m lC Q z N C:) v O N N W A Ul 01 V 00 w O O O O O O O O O r- 0 0 rF C m r'F 0 ✓i 0 7Q m N 1 m 0 N m r+ A al 0 0 N n LO a C v N oq �' D �, Q � rn ED -!n Q� rt_ �_ 3 3rD �c Q Q ;v N W c70 -0 fD rD-F co = O N �p cn O Q Q X CL Q Q ru Nv O rt =3 r+ rt vcrQ O o N W W X � Q Q UJ + O � N r+ n O fu Z cr m I O h 2 O c wl C 3 r+ H cr H Gq. CD 0 CD O Cn O O O O N O �. O �Q g 4 N O U'1 N A/O iY Z cr cr o �• N O*Q0. ' rc r+ N N Ui O CD g e+ T r+ fD � r 0 c N rt rF CD 0- r- rO 0 V) N O U'1 N A/O iY Z cr cr o �• N O*Q0. ' rc r+ N N Ui O NAHB: Characteristics of New and First -Time Home Buyers Pagel of 8 Login ,7 Search - Go to NAHB's Main Site Not a subscriber? CO) Within Housing Economics Subscribe now to Housing Economics O Within www.nahb.org SUBSCRIBE Builders' Forecast Housing Statistics National Outlook Special Studies About Us Site Map Free Samples HousingEconomics. com Resources National Outlook Special Studies About HousingEconomics.com t Builders Forecast Housing Statistics HousingEconomics.com Home > Special Studies > Characteristics of New and First -Time Home Buyers CHARACTERISTICS OF NEW AND FIRST-TIME HOME BUYERS E-1 A3 Pdnt i + Share .1 gent Special Studies, Septo� ' r 1, 2010 By Heather Taylor Senior Research Associate Economics it Housing Policy Report available to the public as a courtesy of HousingEconomics.com a e" P 9 New Homes — --� First -Tine Buyers ? a9"/o 39"/0 41% `iM. "l r., _.. _ �... a ». 35% 35010 ... . 3040 �2n/a o 1910 31% 211% 20010: I 17% i 2001 2003 2005 2007 2009 m E h ] g n xts tng one [see mrat , . (200 , January 9), Economic Effects of a Policy to Stimulate Home Buying]. Introduction Nome builders and policy makers are both trying to better understand the same audience—the Additional Resources home buyer. This article provides information on two important groups of home buyers—those who bought a brand new home, and those who bought a home for the first time. For builders, Print the Full Article { e6o information on who is (and who isn't) buying new homes is useful for marketing purposes. Information on first-time buyers is also important, because in addition to providing customer;�s data for builders who specialize in the starter home market—first-time buyers represent an Profile of Home Buyers 2001 t J increase in the demand for owner -occupied housing units. Information on first-time buyers is also of interest to policy makers seeing to address barriers to home ownership. For policy makers interest in stimulating jobs, new home buyers are particularly important, because building a new home generates more 'obs than se Profile of Home Buyers 2003 t_J http://www.nahb.org/generic.aspx?sectionID=734&generi Profile of Home Buyers 2005 In this article we will specifically look at characteristics w the buyer, characteristics of the home, and the process of buying a home. For the purpose of comparison, the article will also Profile of Home Buyers 2007 discuss existing home buyers and trade -up home buyers. A home in this article refers to either a single-family attached, single-family detached, or multifamily home. See previous Special Studies Among the key findings for buyers of new homes is that they are, on average, about 42 years old, had an average household income of $101,811, and bought a house with an average market value of $315,395. New homes accounted for 17 percent of the homes sold. First-time home buyers are, on average, 34 years old, had an average household income of $67,342, and bought a house with an average market value of $184,091. Thirteen percent of first time buyers purchased a new home. The American Housing Survey Data This article uses data from the most recent (2009) American Housing Survey (AHS), The AHS is a biennial survey of housing units, conducted in odd -numbered years by the Census Bureau for the Department of Housing and Urban Development. The 2009 AHS contains 3,043 interviews with households who bought a home during the two years prior to the survey. Each unit is assigned a weight by the Census Bureau that allows extrapolations about the entire US population to be made based on the results obtained from these interviews. The results show that about 8.4 million households bought a home between 2007 and 2009. The New Home Buyer Among the 8.4 million households that bought a home in the past two years, 17 percent bought a new home. This share is down from 21 percent in both 2005 and 2007, indicating that the new home segment was suffering disproportionately during the latest housing market dovmtum. (see graph 1). Sixty-nine percent of these new home buyers had previously owned a home. Graph i, share of All Buyers 5090 New Homes — --� First -Tine Buyers ? a9"/o 39"/0 41% `iM. "l r., _.. _ �... a ». 35% 35010 ... . 3040 �2n/a o 1910 31% 211% 20010: I 17% i 2001 2003 2005 2007 2009 Source: NAI B2 tabulatim ofdata from the 2009 Amcri"in Noosing Suncy, Dclmutwnt ari laming ;tnd UrNm Dewlop.=t 0nd the U.S. Cm to Bureau. cContentID=143996&channelI... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Page 2 of 8 The average age of the new home buyer is 42 years old, almost identical to the existing home buyers average age of 41. Thirty-eight percent of these householders were under age 35, 24 percent were between 35 and 44, 16 percent were between 45 and 54, and 21 percent were over age 55. Although there is almost no difference in age between new and existing home buyers, there is a big difference in income. The new home buyer has an average income of $101,811. Almost 25 percent above the existing home buyers average of $81,623. About a third of new home buyers make less than $60,000, another third make between $60,000 and $99,999, and the remaining third make $100,600 or more. Since 2001, the average new home buyer's income has been between 11 and 15 percent higher than that of all hone buyers; however in 2009, the average income spiked to 20 percent above the average income of all home buyers (see graph 2). About three quarters of both new and existing home buyers are white non -Hispanics. Nine percent of new home buyers are black non -Hispanic, 8 percent are Hispanic, and 5 percent are Asian. Two thirds of new home buyers are married -39 percent are married with children, and 28 percent are married without children. Sixteen percent are single person households, and 4 percent are single parent households. About half of existing home buyers are married, and compared to new home buyers, about 5 percentage points more are single persons, and almost twice as many more are single parents. The average household size for new home buyers is 2.75 persons, slightly more than the 2.64 average among existing home buyers. Sixteen percent of new home buyers are 1 person households, 38 percent are 2 person households, 18 percent are 3 person households, 19 percent are 4 person households, and 10 percent are 5 or more person households. Compared to existing home buyers, new home buyers have a smaller share of 1 person households and a larger share of 4 person households. Starting in 2001, the average household size of a new home buyer had been increasing until it reached its peak in 2005 at 2.95 persons. Then the average began declining, bringing it, in 2009, to a new 9 year tow of 2.75 persons (see graph 3). On the other hand, the average household size of an existing home buyer has been steadily decreasing since 2001, reaching its bottom in 2009 with 2.64 persons. The 2009 decline in household size of a new home buyer could be attributed to the five points decrease in the number of new home buyers that are married couples with children. In 2007, 44 percent of new home buyers were married with children, white in 2009 only 39 percent were (see graph 4). Graph 3. Average Household Size Nc%v Homes - ­ First -Time Buyers —All Buyers -- - Non-moving owners 3 Craph 2. percent Above. or Below the Income of All Buyers Nen 1-iomcs First -Time Buyers 30% 187 x.YH , 20°10 15%n 12% 15% 20"/a x.&a.. y � _ ------------___ 11.n S.7x 2.8 2Z - 2.7a 2,73 2.7 -10% fi 2001 2003 2005 2007 2009 -?0a/o 30n,0 . -19% 20°!0 -18% -19%u 211u 2.6 x.�s Source: NAI I,t tabulation ofduta fnNn the 2W) American ttausing Suney, Dep r n ent of f touring and Urban fkseiopment and ttre U.S. Census Bureau. About three quarters of both new and existing home buyers are white non -Hispanics. Nine percent of new home buyers are black non -Hispanic, 8 percent are Hispanic, and 5 percent are Asian. Two thirds of new home buyers are married -39 percent are married with children, and 28 percent are married without children. Sixteen percent are single person households, and 4 percent are single parent households. About half of existing home buyers are married, and compared to new home buyers, about 5 percentage points more are single persons, and almost twice as many more are single parents. The average household size for new home buyers is 2.75 persons, slightly more than the 2.64 average among existing home buyers. Sixteen percent of new home buyers are 1 person households, 38 percent are 2 person households, 18 percent are 3 person households, 19 percent are 4 person households, and 10 percent are 5 or more person households. Compared to existing home buyers, new home buyers have a smaller share of 1 person households and a larger share of 4 person households. Starting in 2001, the average household size of a new home buyer had been increasing until it reached its peak in 2005 at 2.95 persons. Then the average began declining, bringing it, in 2009, to a new 9 year tow of 2.75 persons (see graph 3). On the other hand, the average household size of an existing home buyer has been steadily decreasing since 2001, reaching its bottom in 2009 with 2.64 persons. The 2009 decline in household size of a new home buyer could be attributed to the five points decrease in the number of new home buyers that are married couples with children. In 2007, 44 percent of new home buyers were married with children, white in 2009 only 39 percent were (see graph 4). Graph 3. Average Household Size Nc%v Homes - ­ First -Time Buyers —All Buyers -- - Non-moving owners 3 ass 187 x.YH fY 2.9 x.&a.. y 2.?Y S.7x 2.8 2Z - 2.7a 2,73 2.7 A 2.6 x.�s .. z.c «. - - '"- - - - _ - �- 2.63 t 164- 2.5 2.4 +,.--- - --- - --�— 2001 2003 2005 2007 2009 Source: NAI Ill gabulation of datu from lite 2069 American If—ing S—c_y, I)epanment off lousing and Urban DewclopnernC and Ute U.S. Census Bureau. http://www.nahb.orglgeneric.aspx?sectionID=734&genericContentID=143996&channelI... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Graph a. Percent of Buyers that are Married with Children ^- First Tinic I New Ihxnes­All Buyers so 44 43 44 45 49 se 40 3- 3t S 34 35 1 – _ 31 31 30 25 29 20 2001 2003 2005 2007 2009 Source: ti,�l to Icifiniatian afd�,la cram the :009Aim'r'vcm, iHuusing Stwey, lk7rtnnxyu rfHtonsin$and Eithzee [3cre!apmertt and She U.S. Census Buivau. All of these facts about the new home buyer can be found in table 1. TART E 1, C'HARACTER1STRW OF 110,41E BUYERS (Percentage of R -j mdrun) smm� »rasa m— swv,v� axroa iwuvn4 wnc}.. ix-pnnmavi u1 muvny'sad t:stxm D ch,Jmntn and nk U.s.. Census trurcsu. lismxburcrs nia u,ants-a; r— uiu, icPMoj._ int in tdepmvriuil,�n The First-time Home Buyer Page 3 of 8 http://www.nahb.orglgeneric.aspx?sectionID=734&genericContentID=143996&channelI... 11/30/2010 hornehuvers Ilomebuvcrs All lingers Yon -mooing Owners Now llomes E%isting First -Time Trude-up Homes Buyers Buyers Number» 1louseholdi 1,409,293 6.991.651 3,420,180 4.980,763 8.400.943 62,677,784 Type ar nuyer Previous Ciwwrs 69 57 100 59 100 First-time Buyer 31 43 100 41 household Income Under $20.000 6 10 9 9 9 13 530,000 to $39,999 Income 13 17 19 14 16 18 $10,000 to $59,999 Income 13 19 21 15 18 17 $60.000 to S79,999 laconic 16 16 19 14 16 14 $80,000 to $99,990 Income 16 12 13 12 13 11 S 100,000 to S 199,999 Income 27 21 16 26 ^2 21 More than $200.000 Income 9 5 9 6 6 Median 580,600 $64,500 560.000 876.000 567,000 $61500 Mean 5101.811 $81.623 $67.342 $97,140 $85,009 $79,830 RacelEthnicity While Nonl Iispanic 76 76 61 82 76 79 Black Nonhispanic 9 8 12 6 8 8 I ispanic 8 9 11 7 9 8 Asian 5 6 S 4 5 3 Other I 1 ? 2 1 1 A;e of Ilauseholder Undcr25 4 11 3 6 1 25 to 34 34 51 21 33 9 35to44 24 4 22 25 24 19 45 to 54 16 1 a 11 23 Is 24 55 to 64 14 II 4 16 1 1 21 Cher 65 7 7 2 11 7 26 Median 38 38 31 4i 38 53 Mean 42 41 34 46 41 54 Household Type SlarriedCouple W1ThoUr 28 __ 19 26 28 CHILDREN Married Couple WITH 39 26 34 ; I 32 CHILDREN Single Person, Male 7 ]it 12 8 10 8 Single Person, Female 9 11 10 11 10 13 Single Parent, Mule 1 3 3 2 2 1 Single Parent, Female 3 5 5 4 4 3 Other 13 21 25 15 19 13 Household Size I person 16 21 '2 19 20 22 2 persons 38 36 37 35 36 36 3 persons. IS 1913 I8 is 16 4 parsons 19 14 1"' 117 15 16 i* persons 10 Ill 11 10 10 1 I Avem 2.75 2.64 2.38 2.71 2.66 2.63 smm� »rasa m— swv,v� axroa iwuvn4 wnc}.. ix-pnnmavi u1 muvny'sad t:stxm D ch,Jmntn and nk U.s.. Census trurcsu. lismxburcrs nia u,ants-a; r— uiu, icPMoj._ int in tdepmvriuil,�n The First-time Home Buyer Page 3 of 8 http://www.nahb.orglgeneric.aspx?sectionID=734&genericContentID=143996&channelI... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Page 4 of 8 i Forty-one percent of the 8.4 million who purchased a home in the last two years were first-time buyers. This share is up from 35 percent in both 2005 and 2007 (see graph 1). The initial version of the Home Buyer Tax Credit, signed into taw in the middle of 2008, specifically targeted first-time buyers. There is about a ten year age difference between first-time buyers and trade -up buyers on average. The average age of the first-time home buyer is 34 years, while the average age of the trade -up buyer is 46. Sixty -tyro percent of the first-time buyers were under age 35, white only 6 percent of these householders were over age 55. The average income of first-time home buyers is $67,342. This is about 20 percent below the average of all home buyers and about 30 percent below the average income of trade -up buyers. About half earn less than $60,000, and a third earn between $60,000 and $99,999. About 18 percent of first-time home buyers earn $100,000 or more, while almost twice as many trade -up buyers earned this much. Since 2001, the average income of first-time home buyers has been about 20 percent below that of all. home buyers (see graph 2). About two thirds of first-time home buyers are white, non -Hispanics, compared to 82 percent of trade -up buyers. Of the remaining third, 12 percent of first-time buyers are black, non -Hispanic, 11 percent are Hispanic, 8 percent are Asian, and 2 percent are some other race or ethnicity. About a quarter of first-time home buyers are married with children, 19 percent are married v.Athout children, 22 percent are single person households, and 8 percent are single parent households. Trade -tip buyers are more likely to be married than first-time buyers. Twenty-six percent of trade -up home buyers are married without children and 34 percent are married with children. The average household size for first-time home buyers is 2.58 persons, slightly less than the 2.71 average among trade -up buyers. Twenty-two percent of first-time homebuyers have 1 person households, 37 percent have 2 person households, 18 percent have 3 person households, and 23 percent have 4 or more persons in their household. The average household size has been declining over the years. First-time home buyers in 2001 had an average household size of 2.87, compared to 2.76 in 2003, 2.73 in 2005, 2.72 in 2007 and 2.58 in 2009 (see graph 3). The decline in average household size for first-time home buyers can be attributed to a rise in number of single person households and a decline in the number of married couples with children households. in 2001, 33 percent of first-time home buyers' households were married couples with children, in 2003 and 2005, 31 percent, in 2007, 29 percent, and in 2009, 26 percent (see graph 4). In 2001, 18 percent of first time home buyers were single persons, in 2003, 19 percent, in 2005 and 2007, 20 percent and in 2009, 22 percent (see graph 5). Graph 5. Percent of Buyers that are Single Persons Source: NA1111 tabubtion ordma, (nmt the 2009 American Housing Su+cp, Mpanmcnt of Ifousing and Urban Pcrclopmnit and the US. Census Bureau. All of these facts about the first-time home buyer can be found in table 1. New Homes Purchased On average, new home buyers are purchasing higher priced and bigger homes than existing home buyers. The average market value of a new home purchased is $315,395, compared to $238,401 for existing homes, and $252,601 for all owner occupied homes. Compared to existing homes, less than half as many new homes were purchased for less than $150,000-19 percent of new homes compared to 41 percent of existing homes. On the other end of the spectrum, 10 percent of new homes were purchased for $600,000 or more, compared to only 6 percent of existing homes. i In 2001, the average market value of a new home purchased was 26 percent above the average market value of all (new and existing) homes i purchased. This percentage steadily decreased to 18 percent in 2007. Then, in 2009 the percentage difference spiked up to 25 percent, very similar to the 2001 percentage (see graph 6). Between 2007 and 2009, home prices dropped—the average market value of a home purchased in 2007 was $298,966, compared to $251,317 in 2009. Fewer buyers purchased new homes in 2009, than in 2007, because of the 2009 depressed home values. In 2009, 17 percent of all buyers purchased new homes, compared to 21 percent of all buyers in 2007. This decrease in home value and decrease in new homes purchased, accounts for a wider disparity between the price of all homes purchased and new homes purchased in 2009. http://www.nahb.org/genenc.aspx?sectionID=734&genericContentlD=143996&channell... 11/30/2010 — First Time Nov lionic% -----All Buyers 25 „ 19 ,p - 'a ,0 .. is Ic 17 17 18 14 14 I it = L' 12 s 2001 200.i 2005 2007 2009 Source: NA1111 tabubtion ordma, (nmt the 2009 American Housing Su+cp, Mpanmcnt of Ifousing and Urban Pcrclopmnit and the US. Census Bureau. All of these facts about the first-time home buyer can be found in table 1. New Homes Purchased On average, new home buyers are purchasing higher priced and bigger homes than existing home buyers. The average market value of a new home purchased is $315,395, compared to $238,401 for existing homes, and $252,601 for all owner occupied homes. Compared to existing homes, less than half as many new homes were purchased for less than $150,000-19 percent of new homes compared to 41 percent of existing homes. On the other end of the spectrum, 10 percent of new homes were purchased for $600,000 or more, compared to only 6 percent of existing homes. i In 2001, the average market value of a new home purchased was 26 percent above the average market value of all (new and existing) homes i purchased. This percentage steadily decreased to 18 percent in 2007. Then, in 2009 the percentage difference spiked up to 25 percent, very similar to the 2001 percentage (see graph 6). Between 2007 and 2009, home prices dropped—the average market value of a home purchased in 2007 was $298,966, compared to $251,317 in 2009. Fewer buyers purchased new homes in 2009, than in 2007, because of the 2009 depressed home values. In 2009, 17 percent of all buyers purchased new homes, compared to 21 percent of all buyers in 2007. This decrease in home value and decrease in new homes purchased, accounts for a wider disparity between the price of all homes purchased and new homes purchased in 2009. http://www.nahb.org/genenc.aspx?sectionID=734&genericContentlD=143996&channell... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Graph 6. Percent Above or Below the Price of All IEames Purchased in Previous Two fears - New Hcanes First -Time Buyers m o 26°n.. ?3% N% 25:ro _ Alit Raves Non-moving Oxnrrs New homes 0.lo i 9999..... .. 9999_.. .. , .. ___9_999.-. __,,_..-__ .. .. .__.._ 999_9._ ... gg_9___999,_,_ 2001 2003 2005 2007 2009 -20",0 _ 24}u 21 afo yggA -27"ro -272b -30"1 3j Buyers 40% .1 5waec: `nHn f06{II:I410n of d;Un fion the Y9 American I lou ing Survey, Dcrannwt n of I Ioutiing and I sit an I),YClOinM'in mn1 the U.S. Cen- Bora. 3.420,180 Page 5 of 8 t New home buyers are also purchasing larger homes than existing home buyers. The average square footage of the new homes purchased is 2,309 square feet, compared to 1,700 for existing homes and 1,800 for alt owner -occupied homes. Compared to existing homes, twice as many { new homes purchased were 2,500 square feet or more -44 percent of new homes, compared to 22 percent of existing homes. On the other hand, 14 percent of new homes were under 1,500 square feet, compared to 36 percent for existing homes. The large majority, 87 percent, of new homes purchased were single-family detached, while 11 percent were single-family attached, and 3 percent were multifamily condos. At( of these facts about new homes purchased can be found in table 2. TABLE 2. CHARACTERISTICS OF 110XIES PGRCIIASED (Perera/age ajRrymoJrahj ,.wu.....nn i.nxi,smn ue a.iie immuir �wr+.unrncan euw�iny Curr y- thyx7etm.m of t10 1n1; 4 d UtbM neiVIO0me MW rh i'.S, t',aOm autrau. 'tkmre an a-Plxc -,d in flu O. ding tau years. Homes Purchased by the First-time Buyer i 1 On average, first-time home buyers are purchasing lower priced and smatter homes than trade -up buyers. The average market value of a first- time buyer's home is $184,091, compared to $297,481 for trade -up buyer homes, and $252,601 for all owner occupied homes. Almost half of k all first-time home buyers purchased a home for less than $150,000, while just under a third of trade -up home buyers did. On the other end of the spectrum, less than 10 percent of first-time home buyers bought a home with a market value of $400,000 or more, while about a fifth of http://www.nahb.orglgeneric.aspx?sectionID=734&genericContentID=143996&channell... 11/30/2010 Home6uvers tiomebwers Alit Raves Non-moving Oxnrrs New homes F.vistinl; First-Time Trades up tlonms tiuvrn Buyers Nombero llatoeholds 1.409,292 6,991.651 3.420,180 4.980.763 8,400.94.? 64V7. 784 Type of ilome New home huyels I W 13 20 17 Existing home buyers I mf 87 so 83 Type of Structure SP Detached 87 tis 82 88 85 91} SF Attached i 1 9 7 S 3 NIF Condo 3 8 9 5 5 Unit Size (square Pert) <1,000 1 9 12 5 x 7 1,000 to 1,499 13 27 34 19 25 23 1,500 to 1.999 22 25 27 23 25 25 2.000 a) 2,499 20 16 13 19 1 19 2,50010 2,999 12 8 6 11 9 10 >3,000 32 14 7 24 17 15 %lodian 2,309 1,700 1,Sot) 2.000 1,800 l.stio Mean 2,772 2,177 1,574 2,549 2.274 1240 Nouse Price UnderS50,000 2 5 6 3 t 4 550,000 to 599,999 6 1 20 12 15 17 S 100,000 to S 149,999 11 1') 21 16 is 17 S 150.000 to $199,999 19 16 19 15 16 15 S200.000 to 5299,999 25 19 19 20 20 19 5300,000 to $399,999 15 9 7 13 10 11 S400,000 to 5599,999 11 9 6 12 9 9 S600M to 5999,997 7 4 6 5 5 S999,998 or more 3 2 0 3 2 2 Median 5230.000 S170,000 S150,000 S2I0,00o 5180,000 Sl '01 Rican 5315.395 S233.40t 5184,091 S297,481 5251,317 5252,601 ,.wu.....nn i.nxi,smn ue a.iie immuir �wr+.unrncan euw�iny Curr y- thyx7etm.m of t10 1n1; 4 d UtbM neiVIO0me MW rh i'.S, t',aOm autrau. 'tkmre an a-Plxc -,d in flu O. ding tau years. Homes Purchased by the First-time Buyer i 1 On average, first-time home buyers are purchasing lower priced and smatter homes than trade -up buyers. The average market value of a first- time buyer's home is $184,091, compared to $297,481 for trade -up buyer homes, and $252,601 for all owner occupied homes. Almost half of k all first-time home buyers purchased a home for less than $150,000, while just under a third of trade -up home buyers did. On the other end of the spectrum, less than 10 percent of first-time home buyers bought a home with a market value of $400,000 or more, while about a fifth of http://www.nahb.orglgeneric.aspx?sectionID=734&genericContentID=143996&channell... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Page 6 of 8 trade -up buyers could afford a home of this value. The median square footage of first-time buyers' homes is 1,500 square feet, compared to 2,000 for trade -up buyers and 1,800 for all owner - occupied units. Compared to trade -up buyers, twice as many first-time buyers purchased homes smaller than 1,500 square feet -46 percent of f first-time buyers, compared to 24 percent of trade -up buyers. On the other hand, only 7 percent of first-time home buyers purchased a home of 3,000 square feet or more, while more than three times as many trade -up buyers purchased a home this big. The large majority, 82 percent, of first-time home buyers purchased a single-family detached home. The remaining 18 percent are split evenly between single-family attached homes and multifamily condos. More trade -up buyers are buying new homes than first-time buyers -a fifth of trade -up buyers, compared to 13 percent of first-time buyers. All of these facts about the homes purchased by first-time buyers can be found in table 2. s Home Buying Process: New Homes t t On average, both new and existing home buyers looked at 15 homes before purchasing a home. Just over a third of new home buyers looked at 15 or more homes, 17 percent looked at between 10 and 14 homes, 28 percent between 2 and 9 homes, and 17 percent looked at only 1 home. Thirty-nine percent of new home buyers used their savings as the down payment for their new home, 34 percent used the sale of their old home and 16 percent used no down payment when purchasing their new home. About half of existing home buyers used their savings to purchase their home, and slightly less than a quarter used the sale of their old home. The percent of new home buyers with no down payment has steadily Increased from 5 percent in 2001 to 16 percent in 2009 (see graph 7). Since 2001, the percent of new home buyers who used the sate of their old home as a down payment has been in the mid to high 40s, but this percentage dropped 14 points, from 48 percent in 2007 to 34 percent in 2009 (see graph 8). This increase in new home buyers with no down payment and decrease in those with a down payment from the sate of their old home could be due to an increase in the share of first-time home buyers -41 percent in 2009, compared to 35 percent in 2007. Graph 7. Percent of Buyers with No Down Payment New IIonics --« first -Time Buyers -^-^^—All Buyers 30 25 25 20 _ - 20 15 10 I3 _ 1.� _ 10 7 5 ----------- 129 5 2001 2003 2005 2007 2009 Saure: NAlbn tabulation of&ut from the 2(X)9 American 11(mung Sum e , Tkf�urnxm of llomsiag and Urtw pevelopment and the U.S. Censor Burrau. Graph B. Percent of Buyers Who Use Sale of Old Home as Down Payment New Ilomes I - Existing Homes ---All Buyers 60 50 45 49 46 44 40 1 33 34 34 33 34 20 try 31 31 31 10 23 tl - -- _ 2001 2003 2005 2007 2009 Source: NA1i13 tabuiariun ofdata from the 2009 American (lousing Sumq, Mpartm nt of t hosing and Urban Oevelopment and IN U.S. Cmgn 8urv= i The AHS asked the buyer to list all reasons for choosing a particular home. Layout/design, size and price were the top three reasons both new and existing home buyers choose a home. However, more new hone buyers chose their home because of its tayout/design than existing home buyers -54 percent of new home buyers, compared to 36 percent of existing home buyers. New home buyers were less likely to choose their home because of the price than existing home buyers -22 percent of new home buyers cited price as a reason, compared to 33 percent of existing home buyers. Twenty-one percent of new home buyers cited the quality of the home as a reason for choosing it, white only 15 percent of existing home buyers did. Existing home buyers were more concerned with the yard/view, the exterior and the availability of the home http://www.nahb.org/generic. aspx?sectionID=734&genericContentID=143 996&channelI... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Page 7 of 8 than new home buyers. Twenty-one percent of existing home buyers chose their home because of the yard/view, while only 13 percent of new home buyers did. Sixteen percent of existing home buyers chose their home because of the exterior, while only 11 percent of new home buyers did. Three percent of existing home buyers chose their home because of its availability, while only 1 percent of new home buyers did. The AHS also asked buyers to list all reasons for choosing a particular neighborhood. The two most popular reasons among new home buyers were the looks/design of the neighborhood and that neighborhood was convenient to work -32 and 31 percent, respectively. About a quarter of new home buyers chose the neighborhood because of the house itself. Eighteen percent of new home buyers chose the neighborhood because it was close to friends/family and thirteen percent of new home buyers choose the neighborhood for its good schools. Nine percent of new home buyers chose the neighborhood because of its proximity to leisure activities, 3 percent because the neighborhood is close to public transportation, and 2 percent because of other public services. The reasons buyers chose a neighborhood vary only slightly between new home buyers and existing home buyers. Only two reasons were more popular among new home buyers -the looks/design of the neighborhood and that the neighborhood was convenient to work were chosen by 3 percentage points more new home buyers than existing home buyers. The remaining reasons were chosen more often by existing home buyers than by new home buyers. More existing home buyers chose their neighborhood because it was close to friends/family than new home buyers - 24 percent of existing home buyers, compared to 18 percent of new home buyers. The remaining reasons differed by 2 percent or less. All of these facts about the process of buying a neer home can be found in table 3. TABLE 3. CHA24CTERI.STICS OF THE HO1JE BUYI'VG PROCESS (Pe-ents we of Revprndents) .rouwrg>unn•, rxywrwu a 0'M --93W U" tXw f.PMWT and ehc l.'.i. C mus nurcau. Home Buying Process: First-time Buyers On average, first-time home buyers looked at 15 homes before purchasing a home, and similarly trade -up home buyers looked at 16 homes. s Half of the first-time home buyers looked at 10 or more homes, while only 10 percent looked at one home before purchasing the home. Sixty-three percent of first-time home buyers used their savings as the source of their down payment, and 22 percent had no down payment. Forty-two percent of trade -up buyers used the sale of their old home as the down payment, 36 percent used their savings, and only 12 percent had no down payment. Although historically the percent of first-time home buyers with no down payment has been increasing since 2001, there was a drop from 2007 to 2009 (see graph 7). In 2001 only 10 percent of first-time home buyers had no down payment, then 13 percent in 2003, 20 percent in 2005, 25 percent in 2007, and finally 22 percent in 2009. Although the share of first-time home buyers who use their http://www.nahb.org/generic.aspx?sectionID=734&generieContentlD=143996&channelI... 11/30/2010 Homebuyers Homebovers New Homes k.xhling first -Time Trade -up All Buyers Illemcv Buyers Buyers Numbero llonveholdi /.409292 6,991,651 3.420.190 4,9811.76.1 8.400,943 Num Homes Looked At ,2 homes 17 12 10 15 13 homes 6 5 6 5 5 3 homes 6 6 7 6 6 4 to 5 3 13 16 10 13 6to9 8 10 11 9 10 10 to 14 I7 17 16 17 I7 15+ 36 37 35 38 37 itivdian ili 10 10 10 10 Mean 15 15 IS 16 15 Source of Do" "payment Sale ofOld Hnmc 42 25 Savings :9 49 63 36 47 Salo of Investment 1 2 1 2 2 Won -Mortgage 11orrowing 3 4 3 3 inircriumccorGiA I 2 3 0 2 Land o 1 0 0 Other 6 7 4 5 No Downpayment IG 16 22 12 16 Reasons for Choosing Home Pricy 22 33 38 27 32 LayoutIM-sign 54 36 36 41 39 Size 24 24 21 23 24 fixterior I i R 13 17 15 YardNiew 13 21 16 22 19 Quality 21 i5 13 18 16 Available 1 3 3 2 3 Kitchen 7 7 5 S 11 Other 17 17 15 18 17 Reasons for Choosing a Neighborhood Work 31 28 31 27 28 Friends/Family 18 24 23 22 23 Leisure 9 9 8 10 9 Schools 13 15 13 16 15 Public Services 2 3 3 4 3 Looks/Design 32 29 27 32 30 House Itself 25 17 -4 -�8 25 27 Public Trans 3 5 3 4 Other 23 18 18 19 19 .rouwrg>unn•, rxywrwu a 0'M --93W U" tXw f.PMWT and ehc l.'.i. C mus nurcau. Home Buying Process: First-time Buyers On average, first-time home buyers looked at 15 homes before purchasing a home, and similarly trade -up home buyers looked at 16 homes. s Half of the first-time home buyers looked at 10 or more homes, while only 10 percent looked at one home before purchasing the home. Sixty-three percent of first-time home buyers used their savings as the source of their down payment, and 22 percent had no down payment. Forty-two percent of trade -up buyers used the sale of their old home as the down payment, 36 percent used their savings, and only 12 percent had no down payment. Although historically the percent of first-time home buyers with no down payment has been increasing since 2001, there was a drop from 2007 to 2009 (see graph 7). In 2001 only 10 percent of first-time home buyers had no down payment, then 13 percent in 2003, 20 percent in 2005, 25 percent in 2007, and finally 22 percent in 2009. Although the share of first-time home buyers who use their http://www.nahb.org/generic.aspx?sectionID=734&generieContentlD=143996&channelI... 11/30/2010 NAHB: Characteristics of New and First -Time Home Buyers Page 8 of 8 savings as a down payment has been steadily decreasing from 72 percent in 2001, it took a small jump from 57 percent in 2007 to 63 percent in 2009 (see graph 9). It is not surprising that the share of first-time buyers with no down payment has declined recently, as credit standards have tightened. For first-time and trade -up home buyers the three most common reasons for choosing a particular home were price, layout/design, and size. More first-time buyers chose their home because of price than existing buyers -38 percent of first-time buyers, compared to 27 percent of trade -up buyers. More trade -up buyers chose their home because of yard/view, layout/design, quality, size and exterior than first-time buyers. Twenty-two percent of trade -up buyers chose their home because of the yard/view, compared to 16 percent of first-time buyers. Forty-one percent of trade -up buyers chose their home because of the layout/design, compared to 36 percent of first-time buyers. Eighteen percent of trade -up buyers chose their home because of the quality, compared to 13 percent of first-time buyers. Twenty-five percent of trade -up buyers chose their home because of the size, compared to 21 percent of first-time buyers. Seventeen percent of trade -up buyers chose their home because of the exterior, compared to 13 percent of first-time buyers. The remaining reasons, the kitchen and the availability of the home, differ by 3 percent or less. For first-time buyers, the most common reason for choosing a neighborhood, at 31 percent, was that the neighborhood was convenient to work, followed by 28 percent reporting that the house itself was an important consideration, 27 percent the looks/design of the neighborhood, i and 23 percent the proximity to their friends/family. While not ranked in the same order, these four reasons are also the top four reasons trade -up buyers bought their home in that particular neighborhood. More first-time buyers chose the neighborhood because it was close to their work than trade -up buyers -31 percent of first-time buyers, compared to 27 percent of trade -up buyers. Fewer first-time buyers chose the neighborhood because of the looks/design of the neighborhood than trade -up buyers -27 percent of first-time buyers compared to 32 percent of trade -up buyers. The remaining reasons first-time and trade -up buyers chose the neighborhood differ by only 3 percent or less. All of these facts about the process of purchasing a home for first-time buyers can be found in table 3. The complete results from each AHS conducted between 2001 and 2007 are available as files that can be opened or downloaded from the "additional resources" box. Conclusion i While new home buyers only account for 17 percent of the home buying population they are a very important group. New home buyers are buying bigger more expensive homes than trade -up buyers, and although they are the same age as the average home buyer, they are making more money. Two thirds of them are married and they have about 2.75 people in their house. Almost three quarters of them pay for their house with their savings or the sate of their old home. The most important thing when choosing a home is the design/layout of the home. First-time home buyers make up 41 percent of the home buying population. They tend to be a little younger and make a little less money than the average home buyer. The homes they buy tend to be smaller and less expensive than the average home buyer. Only 45 percent of them are married and their average household size is 2.58. Sixty-three percent of them pay for their home's downpayment with their savings. The two most important things first-time home buyers look for when choosing a home are price and tayout/design. For more information about this item, please contact Heather Taylor at 800.368-5242 x8503 or via e-mail at htaylor@nahb.org. Recommend This: if 10 Recommendations - Click if you agree! Honle I About Us 1 Contact lis I FAQs. I Go W NAHS's Main Slw National Association of Home Builders: Reshaping and Enriching Our Communities - 0 2010. ommunities. 02010. Ali rights reserved. http://www.nahb.org/generic.aspx?sectionID=734&genericContentID=143996&channelI... 11/30/2010 Graph 9. Percent of Buyers Who Use Savings as Down Payment New Ifomes First -Time Buyers ---All FW%m- so 72 ?0 63 57 63 60 ! 4s 4S �� ._ w_ ._ - .,33.« - — . - 47 44 i 20 .t 39 s3 35 39 28 0 2001 2003 2005 2007 2[X19 Ssu+r�ti: NAI IN lalwtatlon of dila tram tht 3t%M AnA Y'ican ilou:iryg Survey, lkisuttrn rnt of ilauxing arxl l:'rtxln Iksriui+ment and the t'.S. Crnsus Ourcau. For first-time and trade -up home buyers the three most common reasons for choosing a particular home were price, layout/design, and size. More first-time buyers chose their home because of price than existing buyers -38 percent of first-time buyers, compared to 27 percent of trade -up buyers. More trade -up buyers chose their home because of yard/view, layout/design, quality, size and exterior than first-time buyers. Twenty-two percent of trade -up buyers chose their home because of the yard/view, compared to 16 percent of first-time buyers. Forty-one percent of trade -up buyers chose their home because of the layout/design, compared to 36 percent of first-time buyers. Eighteen percent of trade -up buyers chose their home because of the quality, compared to 13 percent of first-time buyers. Twenty-five percent of trade -up buyers chose their home because of the size, compared to 21 percent of first-time buyers. Seventeen percent of trade -up buyers chose their home because of the exterior, compared to 13 percent of first-time buyers. The remaining reasons, the kitchen and the availability of the home, differ by 3 percent or less. For first-time buyers, the most common reason for choosing a neighborhood, at 31 percent, was that the neighborhood was convenient to work, followed by 28 percent reporting that the house itself was an important consideration, 27 percent the looks/design of the neighborhood, i and 23 percent the proximity to their friends/family. While not ranked in the same order, these four reasons are also the top four reasons trade -up buyers bought their home in that particular neighborhood. More first-time buyers chose the neighborhood because it was close to their work than trade -up buyers -31 percent of first-time buyers, compared to 27 percent of trade -up buyers. Fewer first-time buyers chose the neighborhood because of the looks/design of the neighborhood than trade -up buyers -27 percent of first-time buyers compared to 32 percent of trade -up buyers. The remaining reasons first-time and trade -up buyers chose the neighborhood differ by only 3 percent or less. All of these facts about the process of purchasing a home for first-time buyers can be found in table 3. The complete results from each AHS conducted between 2001 and 2007 are available as files that can be opened or downloaded from the "additional resources" box. Conclusion i While new home buyers only account for 17 percent of the home buying population they are a very important group. New home buyers are buying bigger more expensive homes than trade -up buyers, and although they are the same age as the average home buyer, they are making more money. Two thirds of them are married and they have about 2.75 people in their house. Almost three quarters of them pay for their house with their savings or the sate of their old home. The most important thing when choosing a home is the design/layout of the home. First-time home buyers make up 41 percent of the home buying population. They tend to be a little younger and make a little less money than the average home buyer. The homes they buy tend to be smaller and less expensive than the average home buyer. Only 45 percent of them are married and their average household size is 2.58. Sixty-three percent of them pay for their home's downpayment with their savings. The two most important things first-time home buyers look for when choosing a home are price and tayout/design. For more information about this item, please contact Heather Taylor at 800.368-5242 x8503 or via e-mail at htaylor@nahb.org. Recommend This: if 10 Recommendations - Click if you agree! Honle I About Us 1 Contact lis I FAQs. I Go W NAHS's Main Slw National Association of Home Builders: Reshaping and Enriching Our Communities - 0 2010. ommunities. 02010. Ali rights reserved. http://www.nahb.org/generic.aspx?sectionID=734&genericContentID=143996&channelI... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Page 1 of 7 Login ] Search a Go to NAHB's Main SiteNot a subscriber?l Within Housing Economics Subscribe now to Housing Economics Within www.nahb.org SUBSCRIBE Builders' Forecast Housing Statistics National Outlook Special Studies About Us Site Map Free Samples HHousingEconomics.com Home > Special Studies > Characteristics of Single -Family Homes Started in 2009 ousingEconomics. corn Resources CHARACTERISTICS OF SINGLE-FAMILY HOMES STARTED IN 2009 Ernall 94 Priya + Share ,i A Teat National outlook Special Studies j ' ; Special Studies, October 7, 2010 About t By Paul Emrath, Ph.D. HousingEconomic s.com Vice President for Survey and Housing Policy Research i Builders' Forecast National Association of Home Builders Housing Statistics ? Report available to the public as a courtesy of HousingEconomics.com Each year, the Census Bureau's Manufacturing and Construction Division publishes tables showing various characteristics of new housing, [t ]The report is based on data collected in the Survey of Construction (SOC), which is also the instrument used to generate the familiar series on housing starts The tables published on the Census Bureau's website show characteristics of homes completed during a given year. For some purposes, it may be more convenient to look at characteristics of homes started. "Starts" has become a more widely recognized term, as welt as the one most often reported in the media as a measure of new construction. Also, completions follow starts with a lag, so data based on starts can provide a somewhat more current picture of changes that may be occurring in the marketplace. Additional Resources Print the Full Article .s- SOC New Characteristics Table See previous Special Studies In 2009, the SOC began collecting additional information on new housing, based in part on suggestions from private- and public -sector stakeholders, including NAHB. There is a new SOC question on age restriction, for example, that was strongly advocated by NAHB. Although these new characteristics have not yet begun to appear on published tables, the Census Bureau has made them available in a data set that researchers can download and tabulate.[2] This article is based on tabulations of the publicly available SOC data set and shows characteristics of new single-family homes started in 2009, [3] with an emphasis on housing characteristics and geographic detail not shown in standard tables published on the Census Bureau's website. Basic Trends Before presenting data on characteristics available for the first time in 2009, Table 1 shows how a standard set of standard SOC characteristics changed over the 2005-2009 period. Perhaps the most obvious trend over this period is the sharp decline in the number of single-family homes started, from 1.7 million in 2005 all the way down to under half a million in 2009.[4]During that time the share of "spec" homes (those built for sale, typically in relatively new residential subdivisions) also declined from nearly 80 percent to less than two-thirds, illustrating the way spec homes were particularly hard hit during the downturn. Another trend that started to develop in 2007 is a decline in the median size of single-family homes started (which doesn't show up in the annual series for new homes completed until 2008). From a peak of 2,268 square feet in 2006, the median size of new single-family homes started dropped consistently down to an even 2,100 in 2009. From a historical perspective, tl last time the size of new homes declined like this coincided with the recession of the early 1980s. That time, the decline turned out to be temporary. This time, part of the current home size decline may again be a temporary recession -related phenomenon, but part can also be attributed to trends in factors like the desire to keep energy costs down, amounts of equity in existing homes available to roll into a new one, tightening credit standards, less emphasis on the pure investment motive for buying a home, and an increased share of homes sold to first-time buyers.[5]Not all of these trends are likely to reverse themselves immediately at the end of a recession. ji The decline in the median size of new homes even managed to occur as the share of homes that were contractor-built—typically the category i with the largest homes on average—was increasing. Meanwhile, the median sales price of single-family homes started has also declined --from E $256,000 in 2006 to $211,000 in 2009. For purposes of the SOC, the Census Bureau defines sales price as the price agreed upon between the I buyer and setter in the initial contract and applies only to homes that were actually sold. The equivalent measure for contractor -built homes is median contract price, which has followed a more erratic pattern since 2005. Contract price is defined as the price on the initial contract l between the owner and general contractor and therefore excludes the value of the land, subsequent change orders, and any work that may be performed on the lot or house by other contractors. The share of work done by the main contractor on a custom home could vary over time and contribute to the fluctuations in median contract price shown in the table. While both median size and median sales price have been declining, the average numbers of bedrooms and bathrooms per house have shown little change. The downward trends in house price and size also show up as a declining share of homes built at the high end of the scale, particularly in the later years. For example, the share of for -sale homes priced above $300,000 was over 35 percent in 2006 and 2007, before j dropping to under 30 percent in 2008, and under 25 percent in 2009. Similarly, over 9 percent of the single-family homes started in 2007 and 2008 were 4,000 square feet or larger, compared only 7.3 percent in 2009. I Among the various amenities captured in the SOC, three -car garages, fireplaces, patios, and decks have each declined as a share of single- family starts since 2005. These amenities could be viewed as luxuries, and their declining shares therefore consistent with the reduced share of homes being built at the top end of the market. On the other hand, the share of new single-family homes with porches has risen http://www.nahb.org/generic.aspx?sectionID=734&genericContentID=145984&channelI... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Page 2 of 7 consistently since 2005. The incidence of heat pumps in new homes has also been on the rise, which should not be surprising, given the recent focus on energy efficiency and efforts by the Department of Energy and the Environmental Protection Agency to promote certain types of heat pumps for residential use. A noticeable trend in siding material is the declining share of new single-family homes built with stucco as the primary siding—likely the result of a geographic shift in construction activity. The share of new single-family homes started the West, where stucco is traditionally most common, declined from roughly 25 to 20 percent of the total market between 2005 and 2009. Geographic Patterns The standard tables published on the Census website show characteristics of new housing for each of the four principal census regions. By tabulating the public use SOC data set, it's possible to show characteristics of single-family homes started at the slightly more detailed geography of the nine census divisions (Figure 1). Figure 1: The Nine U.S. Census Divisions NC MoounE ta,n Wes! North East North 1. NE Central Central New England 9. PA Pacific o t 2. MA ! Middle Atlantic d 3. SA South Atlantic yy 6. ENC 7. WS,C .� East West South i,South Central entral The last 9 columns of Table 1 break down the standard characteristics discussed in the preceding section by division. The aforementioned geographic pattern to the use of siding material is evident in this section of the table. Stucco tends to be the most common (primary) siding material in the Mountain and Pacific divisions, brick in the two south central divisions, and vinyl has the lion's share of the market elsewhere. t i http://www.nahb.org/generic.aspx?sectionID=734&genericContentID=145984&channelI... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Page 3 of 7 Total starts (000s of Britt) 1,731 1,465 1,037 627 446 14 30 47 30 103 33 97 40 52 BU-1for satetsok! 19.2>'0 76.5% 72.6% 65.3% 66.4% 43.2% $8.5% 43.4% 66.6% 77.3% 59.7% 65.8% 77.4% 73.5% Contractor 11.4% 129% 14.4% 172% 18.63: 26.935 24.9% 20N 16,3% 13.4% 20.$% 22.1% 14:4% 10.6% Owner built T.S% 8.1% 100°10 12.0% 11A 22.0% 11.4°% 23.2% 13.1% 7.2% 15.3% 8.9% 6.8% 10.8% Built for rent 11% 2.5% 3.0% 5.5% 3.6% 5.9% 52% 5.4% 4.0% 2.1% 4.2% 3.2% 1,7% 5.1% NW-sq-0f0aw 2,253 2,268 2,227 2,170 2,100 2,019 1,330 2,059 1,894 2,263 1,903 2,043 2,084 2,092 Avg no. hathrooms 2.25 225 2.27 2.22 2.20 1.91 2.21 2.10 2.09 2.29 2.17 2,17 2.19 228 Avg no. bedrooms 3.35 3.34 3.32 3.27 3.28 305 3.41 3.16 3.08 3,34 . 3.21 3.29 3.29 3.42 Mewl Sot size (sq.ft) 10,000 10,000 10400 10,875 10,220 43,%0 20,000 19,206 1 t.036 11,500 17,523 7,868 7;400 6,600 me;liansales p6ce(59 r $241 $256 $250 $228 $211 $293 $280 $180 $190 $246 $158 $168 $225 $298 Wdanlot VM* (Scmr 540 $43 $42 540 $40 $80 $53 $39 $39 540 $31 530 $50 $75 Median contract price (S'Mr $170 $141 $150 $155 $147 $160 $148 5225 $200 $175 $133 $70 $142 na Share ve!h Basement (full or partial) 29.3 260 29.3 28.8 29.2 89.6 70.9 62.6 83.4 14.8 23.8 0.3 44.6 2.6 Finished basement 6.1 6A 6.6 6.9 6.9 12.5 7.0 11.5 25.7 6.3 5.0 0.3 12.6 1.5 3+ car garage 19.4 18.3 18R 17.3 15.8 7.8 124 276 36,0 6.4 67 11.9 26.3 20.7 Heat pulp 31.4 33.2 32.2 37.0 38,0 2.2 13,4 26.7 18.0 72.2 67.9 37.8 15.3 12.5 Fireplace 54.8 51.8 51.6 51.9 48,8 50.3 56.4 54.1 49,7 47.0 46.5 428 43.1 59.6 Central air cordtoning 89.5 89.5 89.5 89.0 89.1 50.4 82.7 83.5 91.1 99.4 99,6 99.0 75.7 67.2 Patio 48.1 $0.4 48.8 46.6 44.8 12.1 23.3 37.5 37.5 39.5 43.5 59.8 62.5 48.4 Porch 54.1 56.4 59.4 60.0 63.0 56.6 48.0 63.5 58.4 56.6 921 63.0 69.5 60.9 Deck 26.1 25.1 27 27.0 24.5 69.0 29.4 25.4 53.9 25.4 34.8 6.6 24.0 16.6 Primary sidufg material share Vinyl 31.1 29.3 31.2 33,0 36.2 71.9 79.4 640 65.2 51.0 28.9 8.2 12.4 3.4 Brick 20.9 22.4 23.2 23.8 23.2 0.0 9.8 14.5 1.7 13.1 56.7 63.8 1.9 0.1 Stucco 222 21.3 21S 19.7 17.5 1.1 1.0 09 1,6 20.5 0.9 5.4 54.7 52.7 Fiber cement 9.9 12.1 12.1 11.9 13.1 28 2.5 4.2 14.9 9.4 6.3 14.9 20.5 31.5 Wood I wood Product 65 7.7 8.2 9.4 63 24.0 5.2 14,3 153 5.2 6A 3.2 9.3 12.1 Other 1.1 1.4 1.8 2.2 1,8 0.2 2.0 2.1 1.3 0.8 1.1 4.5 1.2 0,2 ' carts M%a aM �t vacEs xe bsud ontr on hcma tha: we SOW W'xh iapk* 04,* W*:M such as cormatw buo hmm Udo eq ktMicaly god4ougb a sofa. "coaxal piM4 cased aatrai �axa!,dr b.:t rAws Sww. KARB Ubulation of dats kam d* Smq ofCeminxalonmi abta%LU.S.OmsuaBurran Table 1 also shows that decks tend to be particularly uncommon on single-family homes built in the West South Central Division -the division with the second highest incidence of patios. Across all nine divisions there is a strong negative correlation between the shares of homes built with patios and decks, suggesting that builders tend to see patios and decks as substitutes for each other. Builders responding to the SOC reported that they provided both a patio and a deck on fewer than 6 percent of new single-family homes started in 2009.[6] There is no similarly strong correlation between porches on the one hand, and either patios or decks on the other -suggesting that a porch is a design element of the house that doesn't often influence the decision to provide a patio or deck. There is also a geographic pattern to the share of new single-family homes built for sale, rather than on an individual customer's lot. In 2009, the share of homes built for sale was well over 70 percent in the South Atlantic, Mountain, and Pacific divisions, but under 45 percent in New England and the East North Central. The column for the New England Division in Table 1 should be interpreted with caution, however, as that division has the smallest number of single-family homes started, producing statistics with the largest margins of error. Some of the divisional differences in amenities shown in Table 1 can be attributed to climate. For instance, air conditioning is less of a necessity in cooler parts of the country. The most common variety of heat pump technology tends to be more efficient in parts of the country where the temperature stays above freezing most of the time. Basements may be more difficult to build in certain areas due to soil conditions, but building codes also require deeper footings in cooler climates, reducing the cost difference between a full basement and shallower type of foundation. A First Look at New Characteristics In terms of physical characteristics of the house, the SOC began collecting information on two new items in 2009: presence of a tyro -story foyer and location of laundry connections. Overall, 35 percent of single-family homes started in 2009 had two-story foyers. This tends to be a luxury feature, however -considerably more common in more expensive homes (Figure 2). http://www.nahb.org/generic.aspx?sectionID=734&genericContentID=145984&channelI... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Page 4 of 7 Figure 2. Share of Single -Family Homes with a Two -Story Foyer By Sale Price (in thousands of $) 70,8 Overall: 35.2% 58.2 45.8 33.2 27.6 15.7 5.0 < $100 $1004149 5149 5150- 3199 5200.3249 $250.5499 5500.5999 $1000 or more SO- NANS ubuiatlons of Survey of ConstrWWM US Cenann SUMV. S ngte-Pam:iy unix sUded in 2009. The 2009 SOC data show that almost all new single-family homes have washer and dryer connections, and almost always confined to a single location in the home. Nearly 80 percent of the time the single washer -dryer location is on the first floor. Figure 3 shows how use of two relatively uncommon laundry locations -the basement and the garage -varies with size of the home. Not surprisingly, builders resort to these non-standard locations for laundry connections more often in smatter homes, where competition from alternate uses for first -floor house space is especially strong. In 2009, the SOC also started collecting data on water and sewer connections. Nearly 80 percent of neva single-family homes started in 2009 were connected to a public sewer system, and more than 87 percent were connected to a public water supply. Other types of water and sewer systems (primarily individual wells and septic systems) are used more often in Custom homes (i.e.. homes built on the customer's lot whether the customer acts as the general contractor or hires a builder) than on homes built in tracts for sale (Figure 4). i i i ' 1 http://www.nahb.orglgeneric. aspx?sectionlD=734&genericContentID=145984&channell... 11/30/2010 Figure 3, Laundry Location By Size (Square feet) < 1200 10.9 3.3 1200.1x99 4.9 2.3 Overall: 1 GOO -1999 5.1 In the basement: 5.5 1.6 In the garage or carport: 1.2% S.9 2000-2399 0.3 5.3 2400.2999 M 0.7 3000-4999 4.0 ulnthebaaemant-inthogarageorcarport 0.3 4.4 5000 or more 0.0 5oarce: NAHB n0u;ations of Survey of Construction, its Consus emvau. sngk.f,lnilp wMs startea m 20e9. In 2009, the SOC also started collecting data on water and sewer connections. Nearly 80 percent of neva single-family homes started in 2009 were connected to a public sewer system, and more than 87 percent were connected to a public water supply. Other types of water and sewer systems (primarily individual wells and septic systems) are used more often in Custom homes (i.e.. homes built on the customer's lot whether the customer acts as the general contractor or hires a builder) than on homes built in tracts for sale (Figure 4). i i i ' 1 http://www.nahb.orglgeneric. aspx?sectionlD=734&genericContentID=145984&channell... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Built for SaielSold Contractor -built Owncr•built Figure 4. Sewer System and Water Supply by Sale Category 92.5 96.8 52.3 69.0 Overall: Public Sewers: 79.5% Public water supply: 87.8% 38.2 61.3 s Public sewers (including community or shared sewagelseptie system) Public water linctudinq community or shared water supp"eq) Source: NAHB tabulabans of Survey of COO60-600, US Conn¢c Bum— 51n'-famky unt sM Od,,2009 Page 5 of 7 Other data collected by the SOC for the first time in 2009 include additional information on the legal structure of communities in which the single-family homes are being built. Prior to 2009, the SOC collected information about condominiums, but legal community organizations also exist under different names, such as homeowner's association. The functions of these associations may be quite varied and include any combination of fee collection, restrictions on property use, and access to shared facilities. Over 47 percent of the new single-family homes started in 2009 were in communities governed by a homeowner's or other type of community association, but there was a distinct geographic pattern to this phenomenon. It was most common for new homes to be built in association. governed communities in the Mountain and South Atlantic census divisions (Figure 5). Figure 5. Share of Homes in a Community or Home Owners Association by Census Division 69.9 Overall: 62.5 47.610 50.5 44.1 39.6 39,9 29.7 24.$ 16.9 New Middle East North West North South East South West South Mountain Pacific England Atlantic Central Central Atlantic Central Central Source' NAHB b.ha .sof Survey a Conneucti.o. Use-- Burmu, sFngta•Family unit starttM in ?009. Some associations are set up partly in order to control the age of eligible residents. According to Fair Housing law, it is possible to legally restrict the age, of occupants in a new development under one of three sets of conditions. In a single-family development, the set of age - restricting conditions most likely to be used require that the community be able to demonstrate an intent to provide housing for persons age 55 or older, and that at feast 60 percent of the occupied housing units in the community contain at least one occupant of this age. Reasons a developer may choose to establish an age restricted community include relief from school or other impact fees, reluctance of local jurisdictions to approve other types of projects, and guaranteeing that a community with amenities that may attract older residents is not the target of Fair Housing litigation. I Overall, 2 percent of single-family homes started in 2009 were in age -restricted communities, but this is another phenomenon that exhibits a ! 4 clear geographic pattern. Age restriction was most common in new single-family construction on the east coast in 2009, in either the Middle SAtlantic or South Atlantic census divisions (Figure 6). http://www.nahb.org/generic.aspx?sectionID=734&genericContentlD=145984&channelI... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Figure 6. Share of New Homes in Age Restricted Communites by Census Division 6.3 Overall: 2.0 3.6 1.9 1.5 1.4 0.9 1.0 1.0 ■ MIN New Middle East North West North South East South Weft South Mountain Pacific England Atlantic Central Central Atlantic Central Central Sourcu: tuwa tabuf.IW n. d Survey W CunsuucUun, US Cen— B.—, Single -Family units surtod m 2009. Page 6 of 7 Another tendency evident in the data is the scarcity of age restricted single-family housing at the extremes of the price distribution. In the 2009 SOC sample, none of the new single-family homes priced below $100,000 or above $1,000,000 were started in age -restricted developments. This doesn't mean that precisely zero age -restricted homes were started in these price ranges, but that age -restriction is rare enough at these prices to make detecting it difficult with a sample the size of the SOC. In general, age restriction was most common for single-family homes priced between $250,000 and $500,000 (Figure 7). Figure 7. Share of New Homes in Age Restricted Communites by Sale Price (in thousands of $) 6.3 Overall: 2.0%, 4.2 2.2 1.1 1.1 c $100 $100-$149 $115041199 $200.3249 $250-$499 $500-$999 $1000 or more Source: HAHS Wb.1.tion. of Survey of Con.trucuun, US Census Bureau. Single -Family unity .W d in 2000. More detailed tabulations of the characteristics introduced into the SOC in 2009 are available in a file that can be opened or downtoaded from the "other resources" box that appears at the top of this article when viewed on NAHB's website, The downloadable file shows the new SOC characteristics for single-family homes started in 2009 broken down by construction method (site -built, modular, or panelized), census division, house size, sales category (for -sale, contractor- or owner -built), metropolitan and age -restricted status, and sales price. [1] http://wvvw.census.gov/const/www/charindex.htmt#singlecomplete [2] http://www.census.gov/const/www/surveyofconstructionmicrodatafile_cust.pdf [3] Although the SOC collects data on multifamily as well as single-family construction, the public use data set c <cludes multifamily structures due to confidentiality concerns (it can be relatively easy to identify a specific multifamily property from its basic characteristics, which would violate Census disclosure rules). [4] For NAHB's basic forecast of housing starts beyond 2009, see http://www.nahb.org/fiteUpload_detaits.aspx?contentlD=75231. More detailed information, including forecasts of housing activity by state and metro area is available to subscribers of HousingEconomics.com. [5] For information on the share of first-time buyers in the market, see the September Special Study on "Characteristics of New and First -Time Home Buyers" [6] This is about half the percentage you would expect if decks and patios were independent of each other, rather than functioning as substitutes, based on the numbers shown in Table 1. For more information about this item, please contact Paul Emrath at 800-368-5242 x8449 or via a -mail at pemrath@nahb.org, http://www.nahb-org/generic. aspx?sectionID=734&generieContentID=145984&channell... 11/30/2010 NAHB: Characteristics of Single -Family Homes Started in 2009 Page 7 of 7 Recommend This: 7 Recommendations - Click if you agree! Home I About Us I Contact Us I FAQs I Go to., NAMB'S Main Site National Association of Home Builders: Reshaping and Enriching Our Communities. O 2010. All rights reserve.!. http://www.nahb.org/generic. aspx?sectionID=734&genericContentID=145984&ehannell... 11/30/2010