City Council Ordinance 59 (2)It is hereby ordained by the City Council of Monticello
to amend Ordinance Section 1O -3-2-(M) as follows:
REFUSE: Passenger automobiles, station wagons and trucks
not currently licensed by the state, or which are be-
cause of mechanical deficiency incapable of movement
under their own power, parked or stored outside for
a period in excess of thirty (30) days, and all materials
stored outside in violation of the City Ordinance are
considered refuse or junk and shall be disposed of.
No ut* yard ma continue as a non -conforming use for
more than one 1 year after the effective date of this
Ordinance,,ex�that a _unkyard may continue as a
non -conforming use, in an industrial district if within
that period it i s completely enclosed within a buildin�,
fence, screen planttin&, or device of such height so as
to screen completely the operations of the J�nk� yard.
Plans of such a building or device shall be approved by
the City Planning Commission before�it is erected or !�
r.�.rr.ri._.r..■ .n........rec .r...�.wr
up t into place. The pilin& of .junk in yards in all
residential districts shall be considered to -be a non-
conforming use and shall be removed dwwit hin a period of
three 73T months after the effective date of this Ordinance.
Underlined portion deleted.
Ordinance amendment adopted this 28th day of August, 1978•
C. 0. Johnson, Mayor
ATTEST:
Gary Wieber, City Adm.
Ordinance Amendment #
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10-3-2
10-3-2
2. A REQUIRED SCREENING FENCE SHALL BE CONSTRUCTED OF MASONRY, BRICK, WOOD OR
STEEL. SUCH FENCE SHALL PROVIDE A SOLID SCREENING EFFECT AND NOT EXCEED EIGHT (8)
FEET IN HEIGHT OR BE LESS THAN SIX (6) FEET IN HEIGHT. THE DESIGN AND MATERIALS
USED IN CONSTRUCTING A REQUIRED SCREENING FENCE SHALL BE SUBJECT TO THE APPROVAL
OF THE PLANNING COMMISSION BASED UPON A RECOMMENDATION BY THE CITY ENGINEER AND
BUILDING INSPECTOR.
(H) GLARE: ANY LIGHTING USED TO ILLUMINATE AN OFF-STREET PARKING AREA, SIGN OR OTHER
STRUCTURE, SHALL BE ARRANGED AS TO DEFLECT LIGHT AWAY FROM ANY ADJOINING RESIDENTIAL
ZONE OR FROM THE PUBLIC STREETS. DIRECT OR SKY -REFLECTED GLARE, WHERE FROM FLOOD-
LIGHTS OR FROM HIGH TEMPERATURE PROCESSES SUCH AS COMBUSTION OR WELDING SHALL NOT
BE DIRECTED INTO ANY ADJOINING PROPERTY. THE SOURCE OF LIGHTS SHALL BE HOODED OR
CONTROLLED IN SOME MANNER SO AS NOT TO LIGHT ADJACENT PROPERTY. BARE INCANDESCENT
LIGHT BULBS SHALL NOT BE PERMITTED IN VIEW OF ADJACENT PROPERTY OR PUBLIC RIGHT-OF-WAY.
ANY LIGHT OR COMBINATION OF LIGHTS WHICH CAST LIGHT ON A PUBLIC STREET SHALL NOT
EXCEED ONE (1) FOOT CANDLE (METER READING) AS ME:,URED FROM THE CENTER LINE OF
SAID STREET. ANY LIGHT OR C'O'MBINATION OF LIGHT'- WHICH CAST LIGHT ON RESIDENTIAL
PROPERTY SHALL NOT EXCEED 0.4 FOOT CANDLES (METER READING) AS MEASURED FROM SAID
PROPERTY.
(1) SMOKE: THE EMISSION OF SMOKE BY ANY USE SHALL BE IN COMPLIANCE WITH AND REGULATED
BY THE STATE OF MINNESOTA POLLUTION CONTROL STANDARDS, MINNESOTA REGULATION APC 1-15-
(J) DUST AND OTHER PARTICULATED MATTER: THE EMISSION OF DUST, FLY ASH, OR OTHER
PARTICULATED MATTER BY ANY USE SHALL BE IN COMPLIANCE WITH AND REGULATED BY THE
STATE OF MINNESOTA POLLUTION CONTROL STANDARDS, MINNESOTA REGULATION APC 1-15-
(K) ODORS: THE EMISSION OF ORDOR BY ANY USE SHALL BE IN COMPLIANCE WITH AND REGULATED BY
THE STATE OF MINNESOTA POLLUTION CONTROL STANDARDS, MINNESOTA REGULATION APC 1-15.
(L) NOISE:
1. ALL NOISE SHALL BE MUFFLED SO AS NOT TO BE OBJECTIONABLE DUE TO INTERMITTENCE,
BEAT FREQUENCY OR SHRILLNESS,AND AS MEASURED AT ANY PROPERTY LINE, SHALL NOT EXCEED THE
FOLLOWING INTENSITY IN RELATION TO SOUND FREQUENCY:
SOUND LEVELS IN DECIBELS
OCTAVE BAND, "R—Ill, 11R-211/ 11R-311 1113-211, 1113-3n, 1113-411
HERTZ 11R-411 / 11R-811 nB-I n 11 1 -I 11, 11 1-211
75- 5 To 150 59 �44
78
150 TO 00 55
300 TO i 66
600 TO 120055 60
1200 To 2400 38
2400 To 4800 31
OVER 4800 25 40
2. THE STANDARDS AS ESTABLISHED IN SECTION 10-3-2, (L) OF THIS ORDINANCE SHALL BE
SUPERSEDED UPON ENACTMENT OF NOISE CONTROL STANDARDS BY THE STATE OF MINNESOTA.
3. EXCEPTIONS TO THE STANDARDS ESTABLISHED IN SECTION 10-3-2 W.
(A) NOISES NOT DIRECTLY UNDER THE CONTROL OF THE PROPERTY OWNER.
(B) NOISES EMANATING FROM CONSTRUCTION AND MAINTENANCE ACTIVITIES
BETWEEN 7:00 A.M. AND 9:00 P.M.
(C) THE NOISE OF SAFETY SIGNALS, WARNING DEVICES AND EMERGENCY PRESSURE
RELIEF VALVES.
(D) TRANSIENT NOISES OF MOVING SOURCES SUCH AS AUTOMOBILES, TRUCKS,
AIRPLANES, AND RAILROADS.
(E) THE LEVELS SPECIFIED IN (A) ABOVE MAY BE EXCEEDED BY TEN (10)
DECIBELS FOR A SINGLE PERIOD, NO LONGER THAN FIFTEEN (15) MINUTES IN LENGTH,
IN ANY ONE DAY.
10-3-2
10-3-3
(M) REFUSE: PASSENGER AUTOMOBILES$ STATION WAGONS AND TRUCKS NOT CURRENTLY LICENSED
BY THE STATE, OR WHICH ARE, BECAUSE OF MECHANICAL DEFICIENCY$ INCPAPBLE OF
MOVEMENT UNDER THEIR OWN POWER, PARKED OR STORED OUTSIDE FOR A PERIOD IN EXCESS
OF THIRTY (30) DAYS, AND ALL MATERIALS STORED OUTSIDE IN VIOLATION OF THE
CITY ORDINANCE ARE CONSIDERED REFUSE OR JUNK AND SHALL BE DISPOSED OF.
(8-28-78 #59)
(N) EXTERIOR STORAGE: ALL MATERIALS AND EQUIPMENT EXCr°'f AS PROVIDED FOR IN CHAPTERS
5 THROUGH 19 OF THIS ORDINANCE SHALL BE STORED WITHIN A BUILDING OR FULL SCREENED
SO AS NOT TO BE VISIBLE FROM ADJOINING PROPERTIES, EXCEPT FOR THE FOLLOWING:
1. CLOTHES LINE POLE AND WIRE,
2. RECREATIONAL EQUIPMENT AND VEHICLES.
3. CONSTRUCTION AND LANDSCAPING MATERIAL CURRENTLY BEING USED ON THE PREMISES.
4. OFF-STREET PARKING OF PASSENGEk VEHICLES AND TRUCKS NOT EXCEEDING A GROSS
CAPACITY OF NINE THOUSAND (9,000) POUNDS IN RESIDENTIAL AREAS,
10-3-3: YARD REQUIREMENTS
(A) PURPOSE: THIS SECTION IDENTIFIES MINIMUM 'ARD SPACES AND AREAS TO BE PROVIDED
FOR IN EACH ZONING DISTRICT.
(B) NO LOT, YARD OR OTHER OPEN SAPCL SHALL BE REDUCED IN AREA OR DIMENSION SO AS TO
MAKE SUCH LOT, YARD OR OPEN SPACE LESS THAN THE MINIMUM REQUIRED BY THIS ORDINANCE,
AND IF THE EXISTING YARD OR OTHER OPEN SPACE AS EXISTINr, IS LESS THAN THE MINIMUM
REQUIRED IT SHALL NOT BE FURTHER REDUCED. NO REQUIRED OPEN SPACE PROVIDED ABOUT
ANY BUILDING OR STRUCTURE SHALL BE INCLUDED AS A PART OF ANY OPEN SPACE REQUIRED FOR
ANOTHER STRUCTURE.
(C) ALL SETBACK DISTANCES, AS LISTED IN THE TABLE BELOW, SHALL BE MEASURED FROM THE
APPROPRIATE LOT LINE.
** WHERE ADJACENT STRUCTURES WITHIN SAME BLOCK HAVE FRONT YARD SETBACKS DIFFERENT
FROM THOSE REQUIRED, THE FRONT YARD MINIMUM SETBACK SHALL BE THE AVERAGE OF THE
ADJACENT STRUCTURES. IF THERE IS ONLY ONE (1) ADJACENT STRUCTURE, THE FRONT YARD
MINIMUM SETBACK SHALL BE THE AVERAGE OF THE REQUIRED SETBACK AND THE SETBACK OF
THE ADJACENT STRUCTURE. IN NO CASE SHALL THE MINIMUM FRONT YARD SETBACK EXCEED
THIRTY (30) FEET.
*** NOT LESS THAN TWENTY (20) FEET FROM LOT LINE, IF LOT IS ON A CORNER,
NOTE: SETBACKS TABULATED ARE REQUIRED MINIMUM DISTANCES.
FRONT YARD
SIDE YARD
REAR YARD
A-0
50
30
50
R- I
30**
10***
30
R-2
30**
10***
30
R - 3
30
20
30
R-4
30
30
30
R -B
30
20
30
B -I
30**
15***
20
B-2
30**
10***
20
NB-
30
10
30
B-
0
0
0
1-1
4o
30
4o
1-2
50
30
50
** WHERE ADJACENT STRUCTURES WITHIN SAME BLOCK HAVE FRONT YARD SETBACKS DIFFERENT
FROM THOSE REQUIRED, THE FRONT YARD MINIMUM SETBACK SHALL BE THE AVERAGE OF THE
ADJACENT STRUCTURES. IF THERE IS ONLY ONE (1) ADJACENT STRUCTURE, THE FRONT YARD
MINIMUM SETBACK SHALL BE THE AVERAGE OF THE REQUIRED SETBACK AND THE SETBACK OF
THE ADJACENT STRUCTURE. IN NO CASE SHALL THE MINIMUM FRONT YARD SETBACK EXCEED
THIRTY (30) FEET.
*** NOT LESS THAN TWENTY (20) FEET FROM LOT LINE, IF LOT IS ON A CORNER,
NOTE: SETBACKS TABULATED ARE REQUIRED MINIMUM DISTANCES.
10-3-3
10-3-u
(D) THE FOLLOWING SHALL NOT BE CONSIDERED AS ENCROACHMENTS ON YARD SETBACK REQUIREMENTS.
I. CHIMNEYS, FLUES, BELT COURSES, LEADERS, SILLS, PILASTERS, LINTELS, ORNAMENTAL
FEATURES, CORNICES, EAVES, GUTTERS, AND THE LIKE PROVIDED THEY DO NOT PROJECT MORE
THAN TWO (2) FEET INTO A YARD..
2. TERRACES, STEPS, UNCOVERED PORCHES, STOOPS OR SIMILAR FEATURES PROVIDED THEY
DO NOT EXTEND ABOVE THE HEIGHT OF THE GROUND FLOOR LEVEL OF THE PRINCIPAL STRUCTURE
OR TO A DISTANCE LESS THAN TWO (2) FEET FROM ANY LOT LINE.
3. IN REAR YARDS: RECREATIONAL AND LAUNDRY DRYING EQUIPMENT ARBORS AND TRELLISES,
BALCONIES, BREEZEWAYS, OPEN PORCHES, DETACHED OUTDOOR LIVING ROOMS, GARAGES, AND
AIR CONDITIONING OR HEATING EQUIPMENT.
10-3-4: AREA AND BUILDING SIZE REGULATIONS:
(A) PURPOSE: THIS SECTION IDENTIFIES MINIMUM AREA AND BU+LDING SIZE REQUIREMENTS TO
BE PROVIDED FOR IN EACH ZONING DISTRICT AS LISTED IN THE TABLE BELOW.
DISTRICT
LOT AREA
LOT WIDTH
BUILDING HEIGHT
A-0
2 ACRES
200
N/A
R-1
12,000
80
2
R-2
10,000
8o
2�
R_
8,000
8o
(5-8-78 #5o)
R-
X18, 000
200
R -B
10,000
80
3
B -I
8,000
80
2
B-2
N/A
100
3
N/A
100
NB-
N/A
N/A
3
1-1
20,000
100
3
1-2
30,000
100
3
(B)
LOT AREA PER UNIT:
(IHE LOT AREA PER UNIT REQUIREMENT FOR
TOWNHOUSES, CONDOMINIUMS
AND PLANNED UNIT DEVELOPMENTS
SHALL BE CALCULATED ON THE
BASIS OF THE TOTAL AREA
IN THE PROJECT AND
AS CONTROLLED BY AN
INDIVIDUAL AND JOINT
OWNERSHIP.)
SINGLE FAMILY
10,000 SQUARE FEET
TWO-FAMILY
5,000 SQUARE FEET
TOWNHOUSE5,000
SQUARE FEET
MOBILE HOME
i 000 SQUARE FEET
MULTIPLE FAMILY
8,000 SQ, FT, FOR
FIRST UNIT PLUS
2,000 SQ. FT. FOR EACH ADDITIONAL
ONE BEDROOM
UNIT, PLUS 2,5oO
SQ. FT. FOR EACH ADDITIONAL
TWO BEDROOM
UNIT. (5-8-78 #50)
ELDERLY HOUSING
1,000 SQUARE FEET
(C)
UTILITY TRANSITION
AREAS: ALL AREAS IN
WHICH SEWER IS NOT
CURRENTLY AVAILABLE SHALL
BE DESIGNATED AS UTILITY
TRANSITION AREAS. THE MINIMUM
LOT AREA OF ANY PLATTED LOT
IN SUCH AREAS SHALL
BE TWO AND ONE-HALF
(2-7) ACRES. ANY
LOT PLATTED ACCORDING TO
THE PROVISIONS OF THIS
SUBDIVISION, MAY
BE REPLATTED PROVIDED
THAT PUBLIC SANITARY
SEWER WILL BE MADE
AVAILABLE AND ALL CONDITIONS AND PROVISIONS
OF THIS ORDINANCE
ARE MET.
(D)
USEABLE OPEN SPACE:
EACH MULTIPLE FAMILY DWELLING SITE
SHALL CONTAIN AT LEAST
FIVE HUNDRED (500)
SQUARE FEET OF USEABLE OPEN SPACE AS
DEFINED BY SECTION 10-2
OF THIS ORDINANCE FOR
EACH DWELLING UNIT CONTAINED THEREON.
(E)
EXCEPTIONS: THE BUILDING
HEIGHT LIMITS
ESTABLISHED HEREIN
FOR DISTRICTS SHALL NOT
APPLY TO THE FOLLOWING:
1. BELFRIES
2. CHIMNEYS OR FLUES.
3. CHURCH SPIRES
4. COOLING TOWERS
5. CUPOLAS AND DOMES
WHICH DO NOT CONTAIN USEABLE SPACE
6. ELEVATOR PENTHOUSES
7. FLAG POLES
I o-3-4
10-3-5
I
8. MONUMENTS
9. PARAPET WALLS EXTENDING NOT MORE THAN THREE (3) FEET ABOVE THE LIMITING HEIGHT
OF THE BUILDING,
10. WATER TOWERS
11. POLES, TOWERS AND OTHER STRUCTURES FOR ESSENTIAL SERVICES
12. NECESSARY MECHANICAL AND ELECTRICAL APPURTENANCES
13. TELEVISION AND RADIO ANTENNAS NOT EXCEEDING TWENTY (20) FEET ABOVE ROOF.
(F) NO EXCLUDED ROOF EQUIPMENT OR STRUCTURAL ELEMENT EXTENDING BEYOND THE LIMITED HEIGHT
OF A BUILDING MAY OCCUPY MORE THAN TWENTY-FIVE (25) PERCENT OF THE AREA OF SUCH
ROOF NOT EXCEED TEN (10) FEET UNLESS OTHERWISE NOTED,
(G) MINIMUM FLOOR AREA PER DWELLING UNIT:
I. ONE, TWO FAMILY DWELLINGS AND TOWNHOUSES: THE MINIMUM FIRST FLOOR AREA FOR
SUCH TYPE BUILDINGS SHALL BE AS FOLLOWS:
ONE STORY DWELLING 1,000 SQUARE FEET
TWO STORY DWELLING 750 SQUARE FEET
2. MULTIPLE DWELLING UNITS: EXCEPT FOR ELDERLY HOUSING, LIVING UNITS CLASSIFIED
AS MULTIPLE DWELLINGS SHALL HAVE THE FOLLOWING MINIMUM FLOOR AREAS PER UNIT;
EFFICIENCY UNITS 500 SQUARE FEET
ONE BEDROOM UNITS 600 SQUARE FEET
TWO BEDROOM UNITS 720 SQUARE FEET
MORE THAN TWO BEDROOM
UNITS - AN ADDITIONAL
100 SQUARE FEET FOR
EACH ADDITIONAL BEDROOM
3. ELDERLY (SENIOR CITIZEN) HOUSING: LIVING UNITS..CLASSIFIED AS ELDERLY (SENIOR
CITIZEN) HOUSING UNITS SMALL HAVE THE FOLLOWING MINIMUM FLOOR AREAS PER UNIT:
EFFICIENCY UNITS 440 SQUARE FEET
ONE BEDROOM 520 SQUARE FEET
(H) EFFICIENCY APARTMENTS: EXCEPT FOR ELDERLY (SENIOR CITIZEN) HOUSING, THE NUMBER OF
EFFICIENCY APARTMENTS IN A MULTIPLE DWELLING SHALL NOT EXCEED FIVE (5) PERCENT
OF THE TOTAL NUMBER OF APARTMENTS. IN THE CASE OF ELDERLY (SENIOR CITIZEN) HOUSING,
EFFICIENCY APARTMENTS SHALL NOT EXCEED TWENTY (20) PERCENT OF THE TOTAL NUMBER OF
APARTMENTS,
10-3-5: OFF STREET PARKING REQUIREMENTS:
(A) PURPOSE: THEREGULATION 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.
(B) APPLICATION OF OFF-STREET PARKING REGULATIONS: THE REGULATIONS AND REQUIREMENTS SET
FORTH HEREIN SHALL APPLY TO ALL OFF-STREET PARKING FACILITIES IN ALL OF THE ZONING
DISTRICTS OF THE CITY.
(C) SITE PLAN DRAWING NECESSARY: ALL APPLICATIONS FOR A BUILDING OR AN OCCUPANCY PERMIT
IN ALL ZONING DISTRICTS SHALL 3E 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 THIS SECTION.
(D) GENERAL PROVISIONS:
1. FLOOR AREA: 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 EXTERIOR
FLOOR AREA DIMENSIONS OF THE BUILDINGS, STRUCTURE OR USE TIMES THE NUMBER OF FLOORS,
MINUS TEN (10) PERCENT.