City Council Ordinance 797ORDINANCE NO. 797
AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV, CHAPTER 153,
MONTICELLO ZONING ORDINANCE, SECTIONS
153.012 DEFINITIONS
153.091 USE -SPECIFIC STANDARDS
153.092 ACCESSORY USE STANDARDS
THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS:
SECTION 1. § 153.012 DEFINITIONS is hereby amended to read as follows:
ELECTRIC VEHICLE (EV) CHARGING STATION FACILITY: ELECTRIC
VEHICLE (EV) CHARGING STATION FACILITY.
An EV Charging Station (or "Charger' is a, acili _ designed and constructed to
supply electricity for the purpose of charging one (1) electric motor vehicle,
together with the transformers, batteries, inverters, connections, cables, and other
equipment necessary to supply such electricity. For the purposes of this
Ordinance, a facility that can serve more than one vehicle at a time shall be
deemed to consist of multiple charging stations.
FUEL PUMP.
Equipment or unit designed and constructed to supply gasoline, diesel, natural
gas, or other petroleum. fuels and oils, electric charging, hydrogen, or any other
fuel intended to power motor vehicles.
VEHICLE FUEL SALES.
(1) Buildings and premises where gasoline, oils and gfeases, batteries,
dispensing, sale, or offering �for sale at retail (or in connection with a
private operation where the general public is excluded from use of
facilities) of motor_ fuels, including gasoline, diesel, natural gas, or other
petroleum fuels and oils, electric charging stations of more than two (2)
such stations, hydrogen, or any other fuel intended to power motor
vehicles of any sort, and where in addition, the following services may be
rendered and sales made, and no othe' and other similar related uses:
(a) "Automotive repair - minor" as defined by this chapter;
(b) Retail sSales of packaged foods, prepared foods
and other tebaeee, and simi f convenience goods for fig
station customers, as accessory and incidental to principal
operation;
(cd) Provision of restroom facilities, but not including showers.
(2) Uses permissible at a vehicle fuel sales establishment do not include
"automobile repair - major" as defined by this chapter, major mechanical
and body work, straightening of body parts, painting, welding, storage of
automobiles not in operating condition, or other work involving noise,
glare, fumes, smoke or other characteristics to an extent greater than
normally found in filling stations. Vehicle fuel sales establishments are
intended for the servicing and delivery of goods to passenger vehicles and
small commercial vehicles. Facilities for sales to large trucks may be
included, but shall not include activities that would constitute uses most
commonly found at a truck stop, such as showers, truck washes, truck
parking or truck storage for more than temporary periods necessary to
purchase and pay for retail goods.
SECTION 2. § 153.091 USE -SPECIFIC STANDARDS is hereby amended to read as
follows:
(e) Uses not provided for within zoning districts. In any zoning district, whenever
a proposed use is neither specifically allowed nor denied, the Community
Development Depaftment shall detefmine if the proposed use is eempar-able in
established eenditions and standards r -elating to development of the use. Wher-e
sueh a detefminat* - * - lie, the r-equir-ements established for- the listed tise shall
no eempar-able use detei:minatien ean be mad -e, the use will be considered
prohibited in which case an amendment to the ordinance text would be required to
clarify if, where and how a proposed use could be established.
SECTION 3. § 153.091 USE -SPECIFIC STANDARDS is hereby amended to read as
follows:
(29) Vehicle fuel sales.
(a) Regardless of whether the dispensing, sale, or offering for sale of fflOtE)
vehicle fuels including gasoline. diesel. natural gas. or other vetroleum fuels and
oils. electric charging stations of more than two (2) such stations. hvdrogen. or
any other -fuel intended to power motor vehicles of any sort is the
principal use of the property or is ineidental accessory to the conduct of the use
or business, the standards and requirements imposed by this chapter for moto
vehicle fuel sales shall apply. These standards and requirements are,
however, in addition to other requirements which are imposed for other uses of
the property.
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(b) A principal building is required wherever fuel pumps are to be installed, which
square footage shall be a minimum of 10% of the total lot area.
(c) If the facility is in a Business Zoning District and/or associated with a
business use in another district, such as a PUD district, the dispensing of such
fuels shall be associated with a principal building accessible to the public, in
which retail transactions of such fuels and/or other goods may occur.
(ed) Wherever fuel pumps are to be installed, pump islands shall be installed.
(de) All signing and informational or visual communication devices shall be
minimized and shall be in compliance with § 153.064.
(ef) Provisions are made to control and reduce noise.
Qg) If in the CCD District, the following standards shall also apply:
1.The design of the site promotes pedestrian access adjacent to and along
the property.
2.No more than two curb cuts of 24 feet in width or less shall be
permitted.
3. Site lighting shall utilize fixtures similar in style to that designated by
the city for use in public areas of the "CCD" district.
4. The building, site, and signage meet the standards for the "CCD"
district and design review is conducted by the Planning Commission.
5. The proposed use demonstrates compatibility and consistency with the
City's Comprehensive Plan and as detailed in the Comprehensive Plan
Amendment entitled "Downtown Small Area Plan".
Electric Vehicle Chargin,�,,facilities of more than 2 charging stations may be
permitted in any zoning district on parcels on which a Public Use or
Building is also present. Such use shall require authorization through
Conditional Use Permit and subiect to all provisions of 153.091(29
SECTION 4. § 153.092 ACCESSORY USE STANDARDS, TABLE 5-4:
ACCESSORY USES & STRUCTURES is hereby amended as follows:
TABLES -4: ACCESSORY USES & STRUCTURES BY DISTRICT
Use Types
Base Zoning Districts
"P" = Permitted
"C" =
Additional
Conditionally
A
R
R
R
T
R
R
M
B
B
B
B
C
C
B
I
I
Requirements
Permitted
O
A
1
2
N
3
4
H
1
2
3
4
1
2
"I" = Interim
D
D
C
Permitted
EV Charging
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Facility, 2 or
ewer stations
3
EV Charging P
P P
P
P
C
C
P_
P
P
Facility 3-6
stations
C
C
C
EV Charging C
C C
C
C
C
C
Facility, 7+
stations
SECTION 5. § 153.092 ACCESSORY USE STANDARDS is hereby amended as
follows:
jXX1 Electric Vehicle Charging Station Facility
a) Electric Vehicle Charging Stations of Two (2) or fewer chargers. may be
allowed as permitted accessory uses to any Principal Use of property in any
Zoning District, provided:
1. The facilities, including the charging stations, transformers, batteries,
inverters, or any other equipment provided for such use are located no
closer than twenty (20) feet from any public street right of way.
2. In residential districts, such facilities shall only be provided within a
building, such as a garage or other approved structure, except that the
power receptacle and coupler may be placed on the outside of a building
for external connection. The. facilities shall not be available to the _ enteral
public.
3. If the facilities are located within a building, such building shall meet
all required building setbacks and other building standards as required by
the applicable zoning district.
4. The facilities are available to vehicles parked in legal parking spaces
on the property.
5. The facilities may service vehicles that occupy required parking for the
subject property.
6. The facilities include only directional or informational signaae that is in
compliance with the requirements of the City's Sign Ordinance. The use
shall not expand the allowable signage on the subject property.
7. The facilities shall be serviced by electric lines on the subject property
which are buried underzround.
(b) If the proposed accessory EV charging/fuelingstgtion facility is of more
than 2 chargers and is to be located on property subiect to a Conditional Use
Permit or Planned Unit Development, an amendment to such CUP or PUD shall
be processed and approved according to the applicable regulations.
c) If the proposed accessory EV charging facility is to be located on a
commercial or industrial property where the,facility is available only to the
employees of the business, or a multiple family property where the fqcilibLis
available only to tenants of the property, and in either case, not to theeg neral
public, the number of charging stations may exceed two (2) as a permitted
accessory use. Any such facility that provides seven (7) or more such charging
stations shall do so through aMroval of a Conditional Use Permit.
SECTION 6. The City Clerk is hereby directed to make the changes required by this
Ordinance as part of the Official Monticello City Code, Title XV, Chapter
153, Zoning Ordinance, and to renumber the tables and chapters
accordingly as necessary to provide the intended effect of this Ordinance.
The City Clerk is further directed to make necessary corrections to any
internal citations that result from said renumbering process, provided that
such changes retain the purpose and intent of the Zoning Ordinance as has
been adopted.
SECTION 7. This Ordinance shall take effect and be in full force from and after its
passage and publication. The ordinance in its entirety and map shall be
posted on the City website after publication. Copies of the complete
Ordinance and map are available online and at Monticello City Hall.
Adopted by the City of Monticello, Minnesota on the 13th day of February, 2023.
ATTEST:
AYES: Gabler, Hilgart, Hinz, Martie, and Murdoff
NAYS: None
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