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City Council Ordinance 799ORDINANCE NO. 799 AN ORDINANCE AMENDING THE MONTICELLO CITY CODE XV, CHAPTER 153, MONTICELLO ZONING ORDINANCE, VARIOUS SECTIONS THE CITY COUNCIL OF THE CITY OF MONTICELLO ORDAINS: SECTION 1. § 153.010 RULES OF MEASUREMENT is hereby amended to read as follows: (B) Lots. (1) Definitions/measurement. (c) Lot area (see Figure 8-7�). The amount of land area, measured horizontally, included within the lines of a lot. Lands located within any private easements shall be included within the lot area. Public rights-of- way and areas below the ordinary high-water (OHW) mark for water features are not to be included in calculating lot area, except where specifically allowed by this chapter. The terms "lot size" and "lot area" shall be interchangeable. (d) Lot coverage (see Figure 8--Fo. Lot coverage shall be calculated as the total horizontal surface area of impervious surface on a given lot. SECTION 2. § 153.012 DEFINITIONS is hereby amended to read as follows: SIGN, HEIGHT OF. The height of the sign shall be computed as the vertical distance measured from the mean ground level on which the sign is placed to the top of the highest attached component of the sign. SECTION 3. § 153.026 SUMMARY OF DECISION-MAKING AND REVIEW BODIES, Table 2-1: Summary of the Roles of Decision -Making Bodies is hereby amended to read as follows: TABLE 2-1: SUMMARY OF THE ROLES OF DECISION-MAKING BODIES H = Hearing (Public Hearing Required) A = Appeal D = Decision (Responsible for Final Decision) R = Recommendation (Responsible for Review and a Recommendation) * = Will take action only if requestedFequiFed for a specific application or circumstance Procedure Subsection Community Development Department IEDC & EDA 1 Park & Recreation Commission Planning Commission City Council Board of Adjustment &Appeals Comp Plan Amendment 2.4 AR * H- R D Zoning Map/Text Amendment 2A0 R * H- R D Variance L4(C) R A H- D Conditional Use Permit 2.4D R * H- R D Interim Use Permit 2.4E R * H - R D Site Plan Review 2.4 UF D * CCD Only * A Joint Concept Review * CCD & PCD Only * CCD & PCD Only D 4 Administrative Appeal 2,4(H) R A D Building Permits 2.4I D A Certificates of Occupancy L4fh D A Sign Permit 2.4K D A Temporary Use Permit 2.4 UL D A Home Occupation Permit 2,A(M) D/R H- CUP D -CUP A Grading Permit 2.4 D A Driveway Permit L4(0) D A Planned Unit Development 2A0 R * * H - R D Subdivisions Qi1y Code R * R H- R D A [1]: Industrial & Economic Development Committee IEDC and the Economic Development Authority EDA SECTION 4. § 153.026 SUMMARY OF DECISION-MAKING AND REVIEW BOARDS is hereby amended to read as follows: (D) Parks, Arts & Recreation Commission. (1) Establishment, membership, rules and procedures. The establishment, membership, rules and procedures for the Parks, Arts & Recreation Commission are established in §§ 32.045 through 32.054. (2) Powers and duties. In addition to any other authority granted to the Parks, Arts & Recreation Commission by the City Code, the Parks, Arts & Recreation Commission shall have the responsibility to review and make recommendations on park needs generated by new development. PA "' Board of Adjustment and Appeals. (5) Powers and duties. The Board of Adjustment and Appeals shall have the following powers and duties related to this chapter: (a) To consider,- hear, review and make decision on applications for variances; and (H) Community Development Department. (2) Powers and duties. In addition to the jurisdiction, authority, and duties that may be conferred upon the Community Development Department by other provisions of this ordinance or the City Code, the Community Development Department shall have the following jurisdiction, powers, and duties under this chapter: SECTION 5. § 153.027 COMMON REVIEW PROCEDURES AND REQUIREMENTS is hereby amended to read as follows: (B) Authority to file applications. (1) Unless otherwise specified in this chapter, applications may be initiated by: (c) The city.., including the Community Development Department as authorized by this ordinance. (J) Continuation of public hearings. A public hearing for which proper notice was given may be continued during the course of such hearing to a later date without again complying with the written and publication notice requirements of this chapter, provided that the continuance date is announced at the meeting. SECTION 6. § Section 153.028 SPECIFIC REVIEW PROCEDURES AND REQUIREMENTS is hereby amended to read as follows: (A) Comprehensive Plan amendments. (2) Initiation of proceedings. Proceedings for the amendment of the Comprehensive Plan shall be initiated by one of the following: (c) Recommendation of the Community Development Department, or (e d) Action of the City Council. (C) Variances. (3) Application. (b) In addition to the common review requirements, applications for a variance shall also include the following: 2. A site plan of the property showing all information necessary to allow the ci to determine conformance with all zoning provisions, and to calculate the specific variance being requested. Information shall include but not be limited to: 3. If deemed necessary by the Community Development Department, a certificate of survey may be required to be submitted with the application in addition to a site plan. The certificate ofsurvey must detail the information listed in V53.028(C)(3)0)(2) above. (D) Conditional use permits. (3) Application. (b) In addition to general review requirements, applications for a conditional use permit shall also include the following: 3. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the city can determine whether the proposed use will conform to all City Code standards. Such information may include, but shall not be limited to, the following: b. Location and building setbacks per this ordinance of all existing and proposed buildings and the size of each (including square footage); c. Curb cuts, driveways, access roads, parking spaces, off- street loading areas, and sidewalks;,—including dimension of each; i. Proposed outdoor storage spaces, including dimensions and detail of all intended storage types (if applicable); 4. If deemed necessary by the Community Development Department, a certificate of survey may be required to be submitted with the application in addition to or in lieu of a site plan. The certificate of survey shall detail the following information: i. All existing and proposed structures ii. Si nend by a registered land surveyor iii. Current (within last 6 months iv. Topographic survey and contours of all surface features including drainage ways, wetlands, etc. v. Public utilities including pipe size, material type, depths vi. Private utilities vii. Leal description viii. Easements of record 2 5. Color profile elevation drawings of all sides of new structures to illustrate the proposed visual appearance of new construction. Any landscaping shown on elevations must be shown as it appears in size and height at the time ofplanting. The elevations shall indicate the visual location and size of all exterior utility and mechanical systems, including HVAC, meters, and powerlines. 6. Any other information that may be reasonably required by the city to evaluate the application. (E) Interim use permits. (3) Application. (b) In addition to general review requirements, applications for an interim use permit shall also include the following: 3. Development plans for the proposed use showing all information deemed necessary by the Community Development Department to ensure that the city can determine whether the proposed use will conform to all City Code standards. Such information may include, but shall not be limited to, the following: b. Location and buildings setbacks per this ordinance of all buildings and the size of each, including square footage; c. Curb cuts, driveways, access roads, parking spaces, off- street loading areas, and sidewalks, including dimensions of each; i. Proposed outdoor storage spaces, including dimensions and detail of all intended storage types (if applicable); 4. If deemed necessary by the Community Development Department, a certificate of survey may be required to be submitted with the application in addition to or in lieu of a site plan. (F) Site plan submittals. (1) Purpose and scope. The City Council declares it necessary and appropriate to require site plan review of development in certain zoning districts to preserve and promote attractive, well-planned, stable urban conditions, and to review compliance with the requirements of this ordinance. Site plan approval by the Community Development Department must be obtained before a building permit is issued in order to ensure the following: (5) Submittal. (b) In addition to the common application requirements of § 153.028(F)(5)(a) above, submittals for site plan review shall also include at least the following to be considered complete (except as exempted by 5 the Community Development Department). All documents shall be prepared by a registered land surveyor, registered professional engineer, or other qualified professional as directed by the Community Development Department. 16. Building elevations (colored renderings) for all sides of the proposed buildings which detail the materials being used;—.Any landscaping shown on elevations must be shown as it appears in size and height at the time of planting. The elevations shall indicate the visual location and size of all exterior utility and mechanical systems, including HVAC, meters, and powerlines; 21. Any other information that may be reasonably required by the city to evaluate the application including but not limited to trafj- is analysis, floor plans, building elevations, rendered drawings, and materials samples. (6) Review. (a) Site plan review criteria. Recommendations and decisions on a site plan shall be based on consideration of the following criteria: 3. Whether the proposed development is in compliance with other city approved planning documents (e.g. r,,,w,,*,,w n evil ,',.,boon Viand (8) Time limit. (a) Unless otherwise specified in the site plan approval, an application for a building permit shall be applied for must reeeive approval within one year of the date of the site plan approval, otherwise the site plan shall become invalid. Permitted timeframes do not change with successive owners. (b) Upon written request, one extension of six monthsone year -may be granted by the Community Development Department if the applicant can show good cause. (10) Appeal. The applicant for a site plan review may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per § 153.028(1€lEG). (J) Sign permits. (3) Application. (b) In addition to general review requirements, applications for a sign permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department): 11. If the proposed sign is a sandwich board sign to be located in the CCD District within the public right of way, the owner of the sign shall provide a certificate of general liability insurance with minimum coverage of $300,000 naming the city as an additional Co insured for the sign to be located upon the public right-of-way within the CCD, Central Community District. 12. If illuminated, a light distribution plan or other information demonstrating ompliance with the li h�tingrequirements of this ordinance_ 13. Other information to demonstrate compliance with this and all other ordinances of the city. (K) Temporary use permits. (6) Effect of a temporary use permit approval. (b) n minimumof 90 Days shall be r-equir-ed between the o -ati ,,, of temporary use ro,.mit an he 4 Issuance of another temporary use permit on the same site for an identical or similar use as determined by the Community Development Department shall be per the requirements of this ordinance. (L) Administrative home occupation permits. (3) Application. (b) In addition to general review requirements, applications for an administrative home occupation permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department): 1. A narrative regarding the home occupation which addresses the following issues: b. All activities will be proposed to occurfing in conjunction with the home based occupation (i.e. office work, customer visits, sales, stock storage, etc); (N) Driveway permits. (4) Application. (b) In addition to general review requirements, applications for a driveway permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department): 2. A site plan (or certified site survey if required by the Community Development Department) at a scale and in quantities deemed necessary by the Community Development Department showing: d. Location of the existing driveway (if applicable), the proposed driveway and the square footage and dimension of each; e. Driveway material; 7 ef. Location of existing public sidewalks and trails; fg. Calculation of the existing and proposed impervious surface coverage on the lot; gh. Identify existing and proposed curb types specifically calling out proposed changes to existing facilities. (0) Planned unit developments. (8) Areas of flexibility. (b) The city may consider flexibility with regard to land uses, setbacks, lot size, width, and depth, specific finishing standards of this ordinance, and access to public streets, among other zoning and subdivision standards when reviewing a PUD rezoning request. Specifications and standards for lots shall be at the discretion of City Council, and shall encourage a desirable living or working environment which assists in achieving the goals set out for PVDs. (9) PUD procedure. All requests for rezoning to planned unit development shall follow the steps outlined below. (b) PUD development stage, preliminary plat, and rezoning. 1. Initiation of proceedings. Requests for PUD development stage, rezoning to PUD and preliminary plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to § 153.027(B), Authority to File Applications. The development stage PUD request shall be subject to timelines set by M.S. § 15.99, as it may be amended from time to time. If the applicant has processed an optional concept proposal review pursuant to § 153.028(D)(9)(a), the development stage application shall be submitted within six months of such review. If more than six months have elapsed since the concept review, the applicanttion must be pr-eeessed as may submit a new concept proposal unless the Community Development Department determines to waive this provision. 2. Application. d. If the PUD is proposed to develop over a timeframe exceeding two years, a PUD phasing plan for the entire project (to be completed in phases) may shall be submitted. Subsequent PUD Final plan applications would only grant approval for an individual phase. 3. Specific PUD development stage, preliminary plat and rezoning submittal requirements. An applicant shall provide a separate PUD development stage plan clearly delineating the proposed development and all features not consistent with underlying zoning regulations (e.g. setback deviations). At a minimum, the plan should show: p. Colored building elevations for all buildingsides ides which detail the materials being used. Any landscaping shown on elevations must be shown as it appears in size and height at the time Of planting. The elevations shall indicate the visual location and size of all exterior utility and mechanical systems, including HVAC, meters, and powerlines; (c) PUD final stage and final plat. 1. Initiation of proceedings. a. A final stage PUD plan and final plat that conforms with the approved Development stage PUD and preliminary plat and associated PUD rezoning ordinance shall be submitted no later than 60 days following the development stage PUD approval for review within the time allotted by M.S. § 15.99, as it may be amended from time to time. Applicants may request an extension from the Community Development Department for such submittal for a maximum of an additional six months), and shall request waivers for any statutory time limits as necessary. Applications which fail to meet this deadline shall be deemed void and shall require review and re-application according to the development stage PUD process of this chapter. 3. Specific PUD final stage and final plat submittal requirements. g. Developer shall provide all easement dedication documents for easements not shown on the final plat including those for trails, ingress/egress, etc., together with all necessary consents to the easement by existing encumbrancers of the property. h. Association declarations and/or other private covenant documents or easements necessary to implement and maintain the PUD as approved by the city. (10) PUD amendments. Approved PUDs may be amended from time to time as a result of unforeseen circumstances, overlooked opportunities, or requests from a developer. At such a time, the applicant shall make an application to the city for a PUD amendment. All such amendments will be processed as one of the following: (c) PUD amendment. Any change not qualifying for an administrative amendment or a PUD adjustment shall require a PUD amendment. An application to amend a PUD shall be administered in the same manner as that required for an initial P! beginni at PUD development stage and preliminary plat. 9 SECTION 7. § 153.028 SPECIFIC REVIEW PROCEDURES AND REQUIREMENTS, Division (P) Specific PUDs is hereby amended to strike the following subsections in their entirety, with subsections (1) Twin Pines PUD District, and (3) Country Club Manor Second Addition PUD District in their full entirety hereby added to § 153.047, renumbering the subsections accordingly. (1) Twin Pines PUD District (2) Haven Ridge 2nd Addition PUD District (3) Country Club Manor Second Addition PUD District. SECTION 8. § 153.041 DISTRICTS ESTABLISHED, Table 3-2 Overlay Zoning Districts is hereby amended as follows: TABLE 3-2: OVERLAY ZONING DISTRICTS Abbreviation District Name FP Flood Plain District W Wetland District WS Wild and Scenic Recreational River District SH Shoreland District FBS Freeway Bonus Sign District DW Drinking Water Supply Management Area District SU Special Use Overlay District SECTION 9. § Section 153.041 DISTRICTS ESTABLISHED is hereby amended as to read as follows: (D) Organization of base zoning district regulations. Section 153.042 establishes the general purposes of each base zoning district along with the physical standards governing lots and structures within each district. Each of these divisions has a common structure consisting of a purpose statement, applicable size and dimensional standards for lots, an example of the typical lot configuration found in the district, and a hypothetical graphic depicting the districts physical regulations. Uses allowed in each district can be found in §§ 153.090 through 153.093. Finishing standards for lots (i.e. landscaping standards, parking requirements, etc) can be found in §§ 153.060 through 153.072. (E) Diagrams and photographs for illustrative purposes only. The building fe photographs-, example lot configurations, and hypothetical graphics of physical regulations are for illustrative purposes only, and may not be consistent with all listed requirements. In all cases, the dimensional requirement text of this chapter shall control. 10 SECTION 10. § 153.042 COMMON DISTRICT REQUIREMENTS is hereby amended to read as follows: (A) Building within public easements prohibited. No building or structure shall be placed within an easement dedicated for a public purpose unless expressly authorized by a variance issued in accordance with § 153.028(C) or a license or encroachment agreement issued by the Community Development Department. (D) Common yard and height requirements. (1) In general. (a) Unless otherwise authorized by variance, ad istr- tive adjustment or PUD, no lot, yard, or other open space shall be reduced in area or dimension so as to make such lot, yard, or open space less than the minimum required by this chapter; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. (2) Allowable yard encroachments. (a) The following features may encroach into required yards: 1. Fences and walls that meet the standards in § 153.062, may encroach into a required yard, but shall be subject to corner visibility requirements, and shall not be placed within public rights of way, conservation easements unless specifically permitted by the easement. 3. In rear and side yards: recreational and laundry drying equipment, arbors and trellises, balconies, decks, and air conditioning subject to the following conditions: c. A setback of 20 feet shall be maintained from property lines abutting public streets rightsof way. 4. Appurtenances: a. Appurtenances are permitted to encroach into a required front or rear yard setback up to six feet. es not apply to rear -leading nits in thezoning distr4et. b. Appurtenances are permitted to encroach into a required side yard setback up to three feet. This " „ does not SECTION 11. § 153.043 RESIDENTIAL BASE ZONING DISTRICTS is hereby amended to strike all photographs showing typical district building forms in sections (C) — (J). 11 SECTION 12. § 153.043 RESIDENTIAL BASE ZONING DISTRICTS is hereby amended to read as follows: (B) Standards applicable to all residential base zoning districts. (C) Agricultural Open Space District (A -O). The purpose of the "A -O" aAgricultural- o0ven sSpace dDistrict is to provide suitable areas of the city for the retention and utilization of open space and/or agricultural uses, prevent scattered non-farm uses from developing improperly, and to secure economy in government expenditures for public utilities and service. (2�1) terse ZLot area- Mminimum: two acres. (32) Base 1Lot width.- Mminimum: 200 feet. (D) Residential Amenities District (R -A). The purpose of the "R -A" rResideneetial Amenities dDistrict is to provide move up housing in the form of low density, single- family, detached residential dwelling units and directly related complementary uses in areas of high natural residential amenities including such conditions as woodlands, wetlands, and significant views. (1 `Maimiam density t#riotighnr r�erf nee standards! 10,890 sq. ft. Per "„ tmits per- gross aer-e).- (2) Base density. 16,000 sq. ft. per- unit (2.7 units per- gross acme). (�1) Base lot area. (a) Minimum: 14,000 sq. ft. (b) Average: 16,000 sq. ft. (at least 40% of lots created through subdivision shall exceed 15,000 sq. ft. in size). (42) Base lot width. (a) Minimum: 90 ft. (b) Average: 100 ft. (at least 40% of lots created through subdivision shall exceed 100 ft. in width). 12 III jib -now' 64101M.11.10"Iffln"', - i. (C) Agricultural Open Space District (A -O). The purpose of the "A -O" aAgricultural- o0ven sSpace dDistrict is to provide suitable areas of the city for the retention and utilization of open space and/or agricultural uses, prevent scattered non-farm uses from developing improperly, and to secure economy in government expenditures for public utilities and service. (2�1) terse ZLot area- Mminimum: two acres. (32) Base 1Lot width.- Mminimum: 200 feet. (D) Residential Amenities District (R -A). The purpose of the "R -A" rResideneetial Amenities dDistrict is to provide move up housing in the form of low density, single- family, detached residential dwelling units and directly related complementary uses in areas of high natural residential amenities including such conditions as woodlands, wetlands, and significant views. (1 `Maimiam density t#riotighnr r�erf nee standards! 10,890 sq. ft. Per "„ tmits per- gross aer-e).- (2) Base density. 16,000 sq. ft. per- unit (2.7 units per- gross acme). (�1) Base lot area. (a) Minimum: 14,000 sq. ft. (b) Average: 16,000 sq. ft. (at least 40% of lots created through subdivision shall exceed 15,000 sq. ft. in size). (42) Base lot width. (a) Minimum: 90 ft. (b) Average: 100 ft. (at least 40% of lots created through subdivision shall exceed 100 ft. in width). 12 TABLE 3-4 R -A DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Minimu Minimum Roof Height Minimum Floor m Pitch & Soffit Front Interior Street Rear (stories / Areas Building (vertical rise/ Side {� Side ft.) (sq ft.) Width horizontal run) ) Single Minimum foundation 6 in. / 12 ft. Family 35 10 20 30 2.5 stories sizes by home type [3] 24 No minimum 117 [2] 35 feet soffit Building 2000 fmishable [4] 11 [1]: For interior lots in R-1 and R -A districts, attached accessory stpdetures uses m^ ' ^ ^" .. ^a to meet ^ shall be setback no less than 6 feetfeet sethaek from the side yard property line, provided that the sum of both side yard setbacks shall be a minimum of 20 feet. [2]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12%. [3]: 2400 square foot gross floor area excluding a basement or cellar for two story homes and a 1,600 square foot foundation for multi-level, rambler and split entry homes. [4]: Finishable square footage is exclusive of required attached aeeesseff space garage floor area. [1 Roof gables, shed roofs, dormers and porch roofs to allow for a lower pitch to incorporate as an architectural feature, provided no such exempted roof areas shall comprise any more than 20% of the - An attached garage shall be included with all principal residential structures in the R -A district. Accessory - See § 153.092(B) for all general standards and limitations on accessory structures. Structures - The minimum floor area for all the required attached age shall be 700 sq. ft. and Uses - No portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). - See footnote f 11 above as related to setbacks for attached accessorystmetufes uses on interior lots. Other - § 153.042, Common District Requirements Regulations - § 153.043(B), Standards Applicable to All Residential Base Zoning Districts to Consult - § 153.070, Building Materials (not all - § 153.067, Off -Street Parking inclusive) - § 153.060, Landscaping and Screening Standards (E) Single -Family Resideneetial District (R-1). The purpose of the "R-1" &Single-family Residential dDistrict is to provide for low density, single-family, detached residential dwelling units and directly related complementary uses. I�i�� EZTJ7' R!*se.S�i �riTiTiTsl: �!7�!lel�e - � (3�1) Base lot area. (a) Minimum: 10,000 sq. ft. (b) Average: 12,000 sq. ft. (at least 40% of lots created through subdivision shall exceed 12,000 sq. ft. in size). (42) Base lot width. (a) Minimum: 70 ft. 13 (b) Average: 80 ft. (at least 40% of lots created through subdivision shall exceed 80 ft. in width). TABLE 3-5 R-1 DEVELOPMENT Minimum LotArea/Unit Base Density STANDARDS 10,000 s . ft. 4.3 tmits/aef-e REQUIRED YARDS (in feet) Max Townhome* Minimu Minimum Roof Height Minimum Floor m Pitch &Soffit Front Interior Street Rear (stories / Areas Building (vertical rise/ Side [�j Side ft) (sq ft.) Width horizontal run) Single 10 1,050 foundation/ 5 in. / 12 ft. Family 30 L11 and 20 30 2.5 stories 2,000 finishable 24 No minimum Building [2] 35 feet [4] soffit 5 [1]: For interior lots in R-1 and R -A districts, attached accessory stpa4ffes uses may be allewea *^ ^ ^^* shall be setback no less than 6 feetfeet sethaek from the side yard property line, provided that the sum of both side yard setbacks shall be a minimum of 20 feet. [2]: The required rear yard shall consist of a space at least 30 -feet in depth across the entire width of the lot that is exclusive of wetlands, ponds, or slopes greater than 12 percent. [3]: 2400 square foot gross floor area excluding a basement or cellar for two story homes and a 1600 square foot foundation for multi-level, rambler and split entry homes. [4]: Finishable square footage is exclusive of required attached aeeessefy space gangge floor area. lV Roofgables, shed roofs, dormers and porch roofs to allow for a lower pitch to incorporate as an architectural feature, provided no such exempted roof areas shall comprise any more than 20% of the total horizontal roof area of since -family structure as measured from a bird's -eve plan view. - An attached garage shall be included with all principal residential structures in the R -A district. Accessory - See § 153.092(B) for all general standards and limitations on accessory structures. Structures - The minimum floor area for atl the required attached age shall be 700 sq. ft. and Uses - No portion of any garage space may be more than five feet closer to the street than the front building line of the principal use (including porch). - See footnote 1 above as related to setbacks for attached accessory stF uses on interior lots. Other - § 153.042, Common District Requirements Regulations - § 153.043(B), Standards Applicable to All Residential Base Zoning Districts to Consult - § 153.070, Building Materials (not all - § 153.067, Off -Street Parking inclusive) - § 153.060, Landscaping and Screening Standards (F) Single and Two -Family Residencetial District (R-2). The purpose of the "R-2" sSingle and tTwo-family rResidential dDistrict is to provide for low to moderate density one and two unit dwellings and directly related complementary uses. (21) Base density. Unit Type Minimum LotArea/Unit Base Density Single-family 10,000 s . ft. 4.3 tmits/aef-e Duple/Two-family 7,000 sq. ft. 6.2 units pe- aer-e Townhome* 7,000 sq. ft. 6.2 • its/ er-e 14 Multi -Family (3-4 units)* 10,00 A f. fi fst unit 4,000 sq. ft for- o.,e c o 6.8, nits i,, o additional tia4 5,500 sq. ft. *By conditional use permit onl . See also Multi- amily dwellin unit standards. (32) Minimum lot width. R-2 District Original Plat Lot Width 80 ft. 66 ft. TABLE 3-6 R-2 DEVELOPMENT STANDARDS Required Yards (in feet) Minimum Minimum Max Minimum Finished Minimum Roof Pitch & Height Floor Floor Area Building Soffit Front Interior Street Rear (stories / Areas (sq. ft.) Width (sq. (vertical rise/ Side [I} Side ft) (sq ft) [31 ft) [31 horizontal run) 1,050 Minimum Single 10 2.5 foundation/ finished Family 30 L17 and 20 30 stories 1,800 square 24 Building 35 feet finishable footage [2] [3] must be equivalent 5 in, / 12 ft. 2.5 to the No minimum Duplex 30 10 [2] 20 30 stories principal 24 soffit 35 feet 1,050 foundation use unit 4 Townhouse/ 2.5 1,400 foundation Multi- 30 10 20 30 stories finishable size 24 Family 35 feet Building [1]: For the Original Plat of Monticello and Lower Monticello, where adjacent structures (excluding accessory buildings 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 adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. [2]: Interior side yard setbacks for single-family homes on lots of record with a lot width 66 feet or less in the Original Plat of Monticello and Lower Monticello shall be at least six feet. [3]: Finishable and finished square footage is exclusive of required attached garage space oor area [4]: Roof gables, shed roofs, dormers and porch roofs to allow for a lower pitch to incorporate as an architectural feature, provided no such exempted roof areas shall comprise any more than 20% of the total horizontal roof area of a structure as measured from a bird's eye plan view. - An attached garage shall be included with all principal residential structures in the R-1 district. Accessory - See § 153.092(B) for all general standards and limitations on accessory structures. Structures The minimum floor area for all required attached garages shall be 450 sq. ft. - No portion of any attached garage may be more than 10 feet closer to the street that the principal structure. and Uses - Except for single-family buildings, any driveway leading directly to an attached garage may not exceed 18 "in width at the front yard property line. Other - § 153.042, Common District Requirements Regulations - § 153.043(B), Standards Applicable to All Residential Base Zoning Districts to Consult - § 153.070, Building Materials (not all - § 153.067, Off -Street Parking inclusive) I - § 153.060, Landscaping and Screening Standards 15 (G) Traditional Neighborhood Resideneetial District (T -N). The purpose of the "T -N" tTraditional nNeighborhood rResidential dDistrict is to provide for medium density, single-family, detached residential dwelling units and directly related complementary uses. (3) Minimum -lot area. Nfinim-um. 75,500 sq. ft. (4) Baw Minimum lot width. (a) rfi,,;v,-,,,v,,: 455 ft. Q Minimum Lot Depth: 100 ft. TABLE 3-7 T -N DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Minimu Minimum Roof Height Minimum Floor m Pitch &Soffit Front Interior Street Rear (stories / Areas Building (vertical rise/ P4 Side Side ft.) t (sq ft.) Width horizontal run) (f Single Family 325 117 10 20 30 [2] 1,050 foundation/ 5 in. / 12 ft. Building 2.5 stories 35 feet 2,000 finishable 24 [2] No minimum soffit Wigle Fly nzarvRcs Rem T zoaA -1 5 g 4-5 2-5 %U [1]: The minimum width of the dimension of the principal buildinglg area across thefront building line shall be no less than 12 ft., which may include a usable porch of at least 6 ft. in depth. The maximum buildingline the attached garage may be no more than 20 ft. across the front buildinjz line maxim -um fent 5, ,.a shall be 30 feet fr Fent lead homes and`25 root for- F -ea . lead homes. [2]: Finishable square footage is exclusive of re wired attached accessory space garage floor area. - An attached garage shall be included with all principal residential structures in the T -N district. - See § 153.092(B) for all general standards and limitations on accessory structures. Accessory - The minimum floor area for al} the required attachedag raje shall be 480 sq. ft. Structures - For front -loaded attachedaccessery structures ag rages, no portion of any garage space may be more than and Uses five feet closer to the street than the front building line of the principal use (including porch). - No private driveway leading to an accessory structure may exceed 4$24 ft. in width at the front yard property line. Driveways shall be offset and se aroted to maximize on -street parkinZcagaft Other - § 153.042, Common District Requirements Regulations - § 153.043(B), Standards Applicable to All Residential Base Zoning Districts to Consult - § 153.070, Building Materials (not all - § 153.067, Off -Street Parking inclusive) - § 153.060, Landscaping and Screening Standards (H) Medium Density Residence District (R-3). The purpose of the "R-3" fnMedium dDensity rResidential dDistrict is to provide for medium density housing in multiple - 16 family structures ranging up to and including 12 units and directly related, complementary uses. .r�s*arIWIPTNT"MMOURF.T."ME _ (b) Multi 5,124 sq. t. pew unit (eight and one half units per- aer-e+. (5) Base lot area. (a) Minimum townhouse: 20,000 sq. ft. (b) Minimum multi -family: 30,000 sq. ft. (6) Base lot width. Minimum: 80 ft. 17 TABLE 3-8 R-3 DEVELOPMENT STANDARDS 'PUD Optionsfo hill E,.,,.;�.. R-3 District R-3 District � Townhouse (4 — 10 units / building) Multi -Family (6-5 —12 units/building) Base Lot Area Minimum 20,000 s£ 30,000 sf. Base Lot Width (Minimums 80 ft. 80 ft. Gross Density 3-7 du/acre 8-12 du/acre Max Density w/o PUD 4.0 du/acre 8.5 du/acre Net lot area per du 4,500 sf/du, maximum 3,500 sf/du, maximum Front setback 30 feet 40 feet Corner side setback 25 feet 30 feet Interior side setback 20 feet 20 feet Rear setback to building 30 feet 40 feet Clear open space setback from 25 feet 30 feet ROW Clear open space setback from 10 feet 30 feet Property Line Buffer Req. to Single Family B buffer B buffer Common open space per du NA 500 sf/du Landscaping 16 ACl/acre +2 shrubs per 10 feet bldg. 16 ACl/acre +2 shrubs per 10 feet bldg. perimeter perimeter Parking requirements _'.5 scree_ a= a 1.2 spaces1hedroom, with 2 2.5 spaees�du 1.2 spaces/bedroom, with 21 1 space/bedroom enclosed s ace/bedroom enclosed Architecture 20% street min frontage covered with 20% street min frontage covered with enhanced materials enhanced materials Roofs 5:12 pitch or roofline or building line 5:12 pitch or roofline or building line articulation, including flat and/or varied articulation, including flat and/or varied rooflines, parapets, canopies or other rooflines, parapets, canopies or other similar features which increase similar features which increase architectural interest and variability. architectural interest and variability. Unit square feet 1,000 sf, fmished floor area per unit, Averaze 1,000 s£ finished floor area per minimum unit, minimum Garages Attached Enclosed, may be detached Garage Setback 30 feet from ROW (35 feet from curb of May not access street directly — must be private street) served by interior driveway Garage Doors Maximum 16 feet width facing street -_ No smooth panel doors. Detached nNo smooth panel doors buildings must match principal building materials and include architectural fenestration on sides facing residentially zoned property or public ri ht of wa PUD Options for Multi -Family Townhouse (4 — 10 units / building) Multi -Family (6-5 —12 units/building) Buildin s Landscaping Special landscape features including water Increased landscape quantities and/or features, recreational structures, patios, Sizes beyond code minimums; Special etc. landscape features including water features, recreational structures, patios, etc. Open Space Increased open space areas per unit -- beyond code minimums of 10% or more Parking All required garage parking attached to rind al buildin Building Materials Increased use of stone, brick beyond front, Increased use of stone, brick beyond front, or on other exterior walls or on other exterior walls IV Architecture Extensive use of ornamental features, Extensive use of ornamental features, of: single family homes-. building and/or roofline articulation, building and/or roofline articulation, fenestration and building wall undulation fenestration and building wall undulation atypical of other buildings in similar atypical of other buildings in similar zoning districts zoning districts Site Work Use of decorative paving materials in Use of decorative paving materials in parking, sidewalks, etc.; Extensive use of parking, sidewalks, etc.; ornamental site lighting or similar features. Extensive use of ornamental site li htin or similar features. Housing for Seniors restricted Accommodations to design and density Accommodations to design and density to 55 years of age or more through PUD process only through PUD process only (I) Medium -High Density Residence District (R-4). The purpose of the "R-4", mMedium- h gh dDensity rResidential dDistrict is to provide for medium to high density housing in multiple -family structures of 13 or more units per building, and at densities of between ten and 25 units per acre. The district is intended to establish higher density residential opportunities in areas appropriate for such housing, to be determined by the city on a case by case basis. This district is intended to provide exclusively multiple e amily housing defined in this chanter. as onnosed to lower densitv housing tunes such as townhouses. two-family homes, or single family homes. The City of Monticello shall zone land to the R-4 District only when, in its sole discretion, all aspects of the property support the potential uses of the R-4 district, including location, private and public services, and compatibility with existing and future land uses in the area. In making a determination as to the suitability of a site for R-4 rezoning, the city will prioritize the following site and area factors: (1) Replacement land uses. R-4 zoning fits the following zoning categories and circumstances: (a) Land already zoned for R-3 Medium Density Residential District (b) Land currently zoned for commercial uses, but which would not be considered "prime" commercial and critical to "Successful Commercial Centers and Corridors " consistent with the City's 2040 Vision + Plan. (the eit., would like to to "prime" Eemmer-eial are -as that show the most pr-efnise for- tha4 use in the fittafe)-. defined in this ehaptef, as opposed to lower denssit 2s8=ckC�i-c^c� townhouses, two family homes, of: single family homes-. (6) Minimum and maximum density: ten 10 units minimum — 25 dwelling units maximum per acre. a 19 TABLE 3-9: R-4 DEVELOPMENT STANDARDS PUD Qpdonsfof n.r„� R-4 District Multi -Family (13+ units / building) Base Loge area 30,000 sf Gross Density 10-25 du/acre Max Density w/o PUD NA Net lot area per du Max 1,750 sf/du Front setback 100 feet Corner side setback 40 feet Interior side setback 30 feet Rear setback to building 40 feet Clear open space setback from ROW 60 feet Clear open space setback from Property Line 40 feet — no more than 50% of any yard facing a street covered with parking/drive aisles Buffer Req. to Single Family C buffer Common open space per du 500 sf/du Landscaping 2 ACl/ 2,500 sf open space + 4 shrubs /10 feet bldg. perimeter Parking requirements 2.25 spaees/dw 1.2 spaces/bedroom with max 1.1 space/du uncovered Architecture 20% street min frontage covered with enhanced materials, horizontal siding of steel or cement -board only no vinyl or aluminum Roofs 5:12 pitch, plus roof ridge line articulation of 3 feet min. or roofline or building line articulation, including flat and/or varied rooflines, parapets, canopies or other similar features which increase architectural interest and variability. Unit square feet 999 800 sf minimum finished floor area per unit average, with no more than 10% o the units as studio units Garages Attached or Underground Detached accessory garages allowed only after base requirements are met; requires authorization throw h Conditional Use Permit Garage Setback May not access street directly — must be served by interior driveway Garage Doors Must include glass and decorative panels if visible from public street or adjoining residentially zoned property PUD Options for Multi -Family Buildin ,rs R-4 District Multi -Family (13+ units /building) Landscaping Increased landscape quantities and/or sizes beyond code minimums; Special landscape features including water features, recreational structures, patios, etc Open Space Increased open space areas per unit beyond code minimums of 10% or more Parking All required garage parking underground Building Materials Increased use of stone, brick beyond front, or on other exterior walls Architecture Extensive use of ornamental features, building and/or roofline articulation, fenestration and building wall undulation atypical of other buildings in similar zoning districts Site Work Use of decorative paving materials in parking, sidewalks, etc.; Extensive use of ornamental site lighting or similar features. Housing for Seniors restricted to 55 years of age or more Accommodations to design and density through PUD process only C (J) Mobile and Manufactured Home Park District (M -H). The purpose of the "M -H" manufactured home park district is to provide for manufactured home users and directly related uses. SECTION 13. 1 Maximum density flffough PUP P or-Fer-fvfmal}ee standards: 3,350 sq. ft.Fef unit (13.0 units per- gross roe (L1) Base density: 4,000 sq ft per unit (10.9 units per gross acre). (�2) Base lot area. Minimum: 5 acres. (43) Base lot width. Minimum: 200 ft. § 153.044 BUSINESS BASE ZONING DISTRICTS is hereby amended to strike all photographs showing typical district building forms in sections (C) — (H) SECTION 14. § 153.044 BUSINESS BASE ZONING DISTRICTS is hereby amended to read as follows: (B) Standards applicable to all business base zoning districts. (1) Condominiums. (a) mal Commercial structures may be divided for the purpose of condominium ownership. (b) Condominiums shall be designed to meet the International Building Code as adopted in the Monticello City Code. NO WN 0"111141 ATA A NOW ON I I (F) Regional Business District, B-4. The purpose of the "B-4" rRegional bBusiness dDistrict is to provide for the establishment of commercial and service activities which draw from and serve customers from the entire community or region. (1) Base lot area. No minimum. (2) Base lot width. No Minimum. 21 TABLE 3-14: B-4 DEVELOPMENT STANDARDS REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious Front Interior Street Rear / feet) Ratio (FAR) (% of gross lot Side Side area) 2 stories All Uses 9 6' 9 6' 9 6' 0 6' 30 feet (Reserved) (Reserved) [1] [1]: Multi -story buildings maybe allowed as a conditional use pursuant to §153.028(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in the Monticello City Code. Accessory Structures - See § 153.092(B)for all general standards and limitations on accessory structures. - § 153.042, Common District Requirements Other - § 153.043(B), Standards Applicable to All Residential Base Zoning Districts Regulations - § 153.060, Landscaping and Screening Standards to Consult - § 153.064, Signs (not all - § 153.067, Off -Street Parking inclusive) - § 153.068, Off-street loading spaces - § 153.070, Building Materials (G) Central Community District, CCD. (1) (d) Sub -districts. The CCD is hereby divided into five subdistricts, four of which comprise the study area of the Small Area Plan and are known (l River-fFefft; (2) Broadway; (3) W.,tnr'rc and Gedaf Stir -e +"; and 4) Pine Street. A fifth ccs,-distr-iC " shall beanyarea within the GCD that is no identified as being within . o of the four- nme sub disti7iets. The CCD regulations shall apply uniformly across all sub -districts unless specific sub -district requirements apply. The City Council shall, in accordance with the process providing for zoning map amendments in the Monticello Zoning Ordinance, adopt a zoning map for the CCD area identifying the subdistrict boundaries. The sub -districts and are known as: (1.4 River cont; L2.4 Broadway; Walnut and Cedar Streets: affd {4.4 Pine Street. and "sad -tic "General "shall be any area within the CCD that is not identified as being within one of the four named sub- di.ctrirk (3) General requirements. 22 (c) Private joint parking use. All new non-residential parking areas shall be designed to accommodate cross -access and joint use throughout the CCD zoning district to minimize the need for parking infrastructure. (f) Building materials. Building materials for all uses shall be predominantly glass, brick, natural or cultured stone, or equivalent masonry material. Mater-ials for Garrod siding, board and batter or shake exteriorshall becemposrte, mailitenainee fFee fnat€r-i-als, and shall be limited in eveFall exteFioF use to: 1. Materials for lapped siding, board -and -batten, or shake exteriors shall be composite, maintenance free materials, and shall be limited in overall exterior use to: Residential s*,.,,etffes, no more than 30% of building exteriorfor residential structures. (4) Performance standards. (a) Character area standards. 4. Riverfront. a. Features such as upper balconies, dormers, courtyards, porches and dooryards shall be incorporatedfor residential uses. b. Buildings shall be between 2- 4 stories; additional stories may be authorized by conditional use permit. Sin lg e-stoty buildings may be approved through site plan review by the Planning Commission and the City Council where multiple stories are impractical for the specific use. In such cases, the building architecture should incorporate a facade that mimics multiple stories through additional window openings or similar°features. c. Buildings shall be oriented toward river and public rip_ht of way corners where applicable. (b) Use type standards. 1. Residential. c. Multi four -12 du. (i) Only allowed where the subject property has no frontage on Broadway, Walnut/Cedar. Conditionally permitted where the property has direct frontage on Broadway or Walnut/Cedar. (ii) Must preserve open space to coordinate with public spaces. (iii) Building heights up to 35 feet or three stories above grade; additional stories authorized through conditional use permit. 23 (iv) Setbacks – 15 feet from abutting single-family, minimum of eight feet from public street. Interior side setbacks may be zero. (v) Variable roofline and front building walls. (vi) Garage entrances may not face a public street. (vii) Garages which face a single-family residential zoning district must screen the garage entrance from the eye -level view of the abutting property. (viii) All parking in attached garages within building footprint (no surface parking). (ix) Parking ratio of 1.7 spaces per du, off-street, or a minimum of no less than one space per bedroom, off-street, whichever is greater. As part of site plan review, the Planning Commission may impose a different (higher or lower) standard where the nature of the use supports such standard. (x) Residential units on upper, non -ground floors of buildings in the Riverfront Character Area are permitted as a part of mixed-use buildings by conditional use permit. d. Multi 13+ du. (i) Only allowed where the subject property has no frontage on Broadway, Walnut/Cedar. Conditionally permitted where the property has direct frontage on Broadway or Walnut/Cedar. (ii) Must preserve open space to coordinate with public spaces. (iii) Building heights up to 50 feet or four stories above grade; additional stories authorized through conditional use permit. (iv) Setbacks —shall be -15 feet from abutting single-family, minimum of ei& 8 feet from public street. Interior side setbacks may be zero. (v) Variable roofline and front building walls. (vi) Garage entrances may not face a public street. (vii) Garages which face a single-family residential zoning district must screen the garage entrance from the eye -level view of the abutting property. (viii) All required parking shall be located in attached garages within building footprint (no surface parking). (ix) Parking ratio of 1.-71 spaces per dwelling unit bedroom including adjacent on -street parking, or a minimum of no less than one space per bedroom, off-street, whichever is greater. As part of site plan review, the Planning Commission may impose a different (higher or lower) standard where the nature of the use supports such standard. (x) Multiple -family housing limited to seniors may reduce parking supply to half spaces per dwelling unit, off-street. As part of site plan review, the Planning Commission may impose a different (higher or lower) standard where the nature of the type of senior living use supports such standard. (xi) Residential units on upper, non -ground floors of buildings in the Riverfront and Broadway Character Area are permitted as a part of mixed-use buildings. e. Ground floor residential units. When allowed, subject to: (i) Common areas, lobbies, etc. (if any) should be oriented toward street. (ii) Street levels should include additional window and doorway glass exposure toward streets. • .mesa (d) Parking. 4. Parking shall not be located on a parcel between the front building line of the principal building and the public street, except where expresslyprovided for by the City Council after recommendation from the Planning Commission. (e) Other performance standards. 1. All other performance standards as identified in §§ 153.060 through 153.072 shall apply, unless otherwise addressed in this section. 2. Maximum residential density: 25.0 dwelling units per gross acre. 3. Maximum Bbuilding height. ' : 60 feet. a. Buildings may exceed 50 feet in height by conditional use permit, with enhanced site improvements, architecture, and building materials. 25 6. Lot coverage, buildings. a. Minimum building lot coverage: 20%. b. Maximum building lot coverage: 90%. 97. Accessory structures. a. For commercial uses, Ttrash handling equipment shall be located within buildings wherever practical. If located in a structure attached to, or detached from, the principal building, such structure shall screen the trash handling equipment from the view of all neighboring property and public rights-of-way, and shall be constructed of materials which comprise the principal building. Gates and/or doors shall be constructed of permanent opaque materials, matching the principal building in color, and shall be kept closed at all times other than when being used for access. Roofs for such structures are encouraged, but not required when the screening wall of the enclosure is at least eight feet in height. b. For mixed-use and multi e amily residential uses, trash handling equipment shall be located within the principal building. c. Any other accessory structures allowed in the CCD (see Table 5-4 — Accessory Uses by District) shall meet all requirements of the CCD district applicable to principal buildings. SECTION 15. § 153.044 BUSINESS BASE ZONING DISTRICTS, Section (G) CCD District, City of Monticello CCD Sub -District map shall be stricken from the ordinance and shall be adopted as part of the City of Monticello Official Zoning Map. SECTION 16. § 153.045 INDUSTRIAL BASE ZONING DISTRICTS is hereby amended to strike all photographs showing typical district building in sections (C) — (E). SECTION 17. § 153.045 INDUSTRIAL BASE ZONING DISTRICTS is hereby amended to read as follows: (B) Standards applicable to all industrial base zoning districts. we Z!'SY�S'� IE1ri�fTs!llEar:EI.T.�S�Efff!T�SiILLUUMILLSM M" . tiPES'��T:lT�:l7ww -v S'RfM, SECTION 18. § 153.046 OVERLAY ZONING DISTRICTS is hereby amended to read as follows: (N) Wetland District. (3) General provisions. (a) Identification and delineation of wetlands. 4. This section establishes four wetland classifications as defined in § 153.012: exceptional quality, high quality, medium quality, and low quality. Wetland classifications shall be established through a wetland functional assessment. (4) General standards. The following standards apply to all lands containing or abutting a wetland: (a) Septic and soil absorption systems must be set back a minimum of 75 feet from the city approved boundary of the wetland. (b) The lowest ground floor elevation of a structure shall be two feet above the 100 -year flood elevation, three feet above the ordinary high water mark, or three feet above the highest known water level, whichever is greater, of public waters regulated by § 153.046(D) and § 153.046(E), whichever is greater. (c) Structures intended to provide access across a wetland shall be prohibited unless a permit is obtained in conformance with state regulations. (d) The MPCA's Best Management Practices and Minnesota Storm Water Manual, as applicable, shall be followed to avoid erosion and sedimentation during the construction process. (e) City inspeetion sehedules and fines for- erosion eoi4fel will double on is abutting wetlap l& (f) Before the city issues a building permit for a lot with a required wetland buffer, the lot owner shall. 27 - linstall the wetland monumentation required by § 153.046(C)(4)(f). (5) Wetland buffer strips and setbacks. SECTION 19. § 153.046 OVERLAY ZONING DISTRICTS, Division (S) Performance Based Enhancement District is hereby stricken in its entirety, with the divisions and subsections following to be renumerated accordingly. SECTION 20. § 153.048 POINTES AT CEDAR DISTRICT is hereby amended to read as follows: (A) Purpose. The purpose of the PCD, Pointes at Cedar District is to provide for the development of certain real estate subject to the district for mixed land uses consistent with the direction of the Pointes at Cedar Small Area Plan chapter of the Comprehensive Plan.. and consistent with The Pointes at Cedar Ordinance No. 776. adopted herein by reference. (B) Permitted uses. Permitted principal uses in the Pointes at Cedar District shall be those identified in the Pointes at Cedar Zoning District and on the PCD Zoning Map. The introduction of any other use from any district shall be reviewed under the requirements of the PCD ordinance requirements and process. (E) Amendments. Where changes to any proposed project in the PCD are proposed in the manner of use, density, site plan, development layout, building size, mass, or coverage, or any other change, the proposer shall apply for an amendment to the approved development stage PCD plan under the terms of the PCD ordinance text and requirements. The city may require that substantial changes in overall use of the PCD property be processed as a new project, including a zoning district amendment. SECTION 21. § 153.060 LANDSCAPING AND SCREENING is hereby amended to read as follows: (A) Section organization. The Monticello landscaping and screening standards are organized into the following main divisions: (1) Division (B), Purpose and Intent. Sets out the purpose and intent for the standards; (2) Division (C), General Requirements for Landscaping. Includes the applicability provisions, requirements for landscaping plans, and standards for new plantings; 009. (3) Division (D), Landscaping Plan Requirements. Outlines the specific information that must be supplied to the city anytime a landscape plan is required by this chapter; (4) Division (E),; 4 1temativ r ,., a, eapiH . p aH T,,eludes the r edufes an standards for- r-eviewof „itom.,tive i,,,,,as,.,,ping rlaas Standards for Site Landscaping. Introduces standards for foundation plantings around some buildings; (5) Division (F), rt,., a rdsf „ Ve ; ,a r Use Ore Landve6TMg. inel des the standards for- landseaping afound the perimeter- and within vehiettlar- use afeas Alternative Landscaping Plan. Includes the procedures and standards° or review of alternative landscaping plans; (6) Division (G), rt,., a tW o , Perimeter Bufftrs. T,,eludes the landsea, ing bu standards applied to the edges of some i ase zoning dist,.; Standards for Vehicular Use Area Landscaping. Includes the standards for landscaping around the perimeter and within vehicular use areas; (7) Division (H), rta dards c , Required SereeHing. T,,eludes the reqements for site features like r-efitse, leading, and sefviee-areas Standardsfor Perimeter Buffers. Includes the landscaping buffer standards applied to the edges of some base zoning districts, (8) Division (I), Standards for Required Screening. Includes the screening requirements for site features like refuse, loading, and service areas StaHda tWsfer Site LandseapiHg. intr-aduees standards for- foundation piantings ar-ound some buildings -,t (9) Division (J), Zoning Specific Landscaping Standards. Includes specific landscaping standards specific to zoning district. (C) General requirements for landscaping. (4) Stabilization. All required landscape planting areas and required yards shall be stabilized and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration. (7) SeddgGround 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 or sodded with lawn cover. Exceptions to this criterion may be approved by the Community Development Department as follows: (a) Seeding of fulufe expansion areas as shwA% on approyeTplafi&.— or commercial, industrial and institutional uses, native planting per an Alternative Landscaping Plan approved by the Community Development Department. (b) Undisturbed areas containing existing viable natural vegetation which can be maintained free of foreign and noxious plant materials. (c) Areas designated as open space or future expansion areas properly planted and maintained with prairie grass. 3t (d) Use of mulch materials such as bark, rock mulch over four mil poly, and wood chips in support of shrubs and foundation plantings. (D) Landscaping plan requirements. (2) Detailed landscape plans shall include the following information: (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 § 153.061, Tree Protection, an alternative landscaping plan shall be required. An alternative landscaping plan may also be provided for native landscaping for commercial, industrial, civic and institutional use sites where the use of native plantings rroresents consistency with the goals of the comprehensive plan. An alternative landscaping plan shall indicate how compliance with the standards in this chapter is impossible or impractical, and shall illustrate how compliance can be achieved to the maximum extent practicable. Nothing in § 153.060(E) shall prohibit a development configuration that meets or exceeds the landscaping and tree protection standards in this chapter. SECTION 22. § 153.060 LANDSCAPING AND SCREENING, Division (I) Standards for Site Landscaping shall be renumerated to 153.060(E) with the subsequent divisions and subsections renumerated accordingly. SECTION 23. § 153.060 LANDSCAPING AND SCREENING is hereby amended to read as follows: (F) Standards for vehicular use area landscaping. Except where exempted by § 153.060(F)(1) below, all vehicular use areas shall include landscaping both within the interior of the vehicular use area and around its perimeter, as a means of mitigating the parking area's microclimate and visual impacts. Vehicular use area landscaping, including perimeter vehicular use areas. g may be counted toward overall site landscaping requirements. (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 commercial vehicle sales and rental uses. 30 (2) Interior vehicular use area landscaping standards. All ..ehiettla. use areas shall pfovide and maintain landscaped planting areas within the ifttefioF of the ehieti ,, , aeeor-danee with the following. (a) Configuration. interior- planting aFeas shall be designed ; aeeeFdanee with the following star a -r- s: Where islands are proposed for drainage and stormwater management, such islands shall be landscaped in accordance with this section of ordinance. (b) All vehicular use areas shall provide and maintain landscaped planting areas within the interior of the vehicular use area in accordance with this section of ordinance. (c) Configuration. Interior planting areas shall be designed in accordance with the following standards: (G) Standards for perimeter buffers. (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 the adiacent impacted another parcel, and shall extend to the parcel boundary line or right-of- way line. (I) Standards for required screening. (3) Screening methods. (b) An opaque fence or wall meeting the following requirements: 1. The fence or wall shall be consistent with the standards in § 153.062, Fences and Walls. 2. The fence or wall shall be constructed of masonry, brick, wood, masonry free vinyl or steel constructed to be similar in appearance to materials commonly sold as fence material. 3. 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 feet in height. 4. The design and materials used in constructing a required screening fence shall be subject to the approval of the Community Development Department. (J) Zoning district specific landscaping standards. (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 gar -de meeting the following requirements: 31 1. Four caliper inches of canopy trees which must be no less than 3 caliper inches at DBH at time of planting, plus two ornamental trees. Trees may be planted in front or side yard. 2. No less than one shrub or perennial flower planting per 20 square feet of front yard area. 3. No less than one deciduous flower planting per 20 square feet of front yard area. (b) No private driveway leading to a garage may be more than 4-$ 24 feet in width at the front yard property line. (4) Industrial and Business Campus (IBC) District Landscaping Requirements. All IBC lots must include and maintain an operational irrigation system for the full site at time of certificate of occupancy unless excluded by an approved Alternative Landscaping Plan for Native Plantings. SECTION 24. § 153.062 FENCES AND WALLS is hereby amended to read as follows: (C) General requirements for fences and walls. (1) Location. (a) Fences and walls are permitted anywhere on a lot subject to the following restrictions: 1. The corner visibility requirements in § 153.042(D)(2)(b) shall be met. 2. Fences and walls shall not be located within public right-of-way 3. Fences and walls permitted by the Community Development Department to be within easements are subject to removal without compensation to the property owner if the city must access the area for maintenance or improvement purposes. 4. Fences and walls shall not be permitted within conservation easements unless specifically permitted by the easement. S. Fences and walls must be set back no less than 3' from any public trail or sidewalk. (D) Requirements for fences and walls by district type. All fences and walls shall conform to the following standards. In all cases, heights are measured from finished grade on the highest side of the fence or wall. (1) Residential districts. In residential districts (see Table 3-1: Base Zoning Districts), fences and walls shall conform to the following: (a) Front yards. 32 1. Fences and walls shall not exceed a height of four feet in front yards and that part of side yards from the front lot line to the front building line. 2. Fences and walls must be setback at least six (6) feet from the property line when adjacent to a public right of waw 3. Fences and walls must be setback at least three (3) feet°from a public sidewalk or pathway. (b) Side or rear yards. 1. Fences and walls shall not exceed a height of seven feet in side and rear yards. 2. In side or rear yards which abut a public street, fences or walls which exceed 36 inches in height must be set back at least six feet from the property line, and the sethaek area shat !andseaped in aeeor-danee with the provisions of § 153.062(j)(4), Appear -an . 3. Fences and walls must be setback at least three (3) feet from a public sidewalk or pathway. (c) Transparency. Fences or walls located within a front yard ^r side yar- adjacent to a street shall maintain a minimum of 50% transparency. (F) Perimeter fences and walls abutting public rights-of-way. (1) Fences or walls located within 15 feet of a street or public right-of-way shall: (a) Be of a uniform style; (b) Be located outside the public right-of-way; (c) Include breaks, offsets, access points, or other design details in the wall plane at least every 200 feet; (d) Comply with the standards in § > ; ( Comply with e F@gEquHr-emeH T✓�� szvrzccgzrircu (H) Chain linkfencing. 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. (2) Residential districts. Chain link fencing is permitted on lots within residential zoning districts provided it does not include opaque slats, and does not exceed a height of four feet in the front yard and does not exceed five feet in the side and rear yard. 33 (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 § 153.062(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. (I) Barbed or razor wire. Barbed or razor wire is prohibited except as expressly authorized through approval of conditional use permit relating to security plan under the provisions of § 153.062(E). (J) Appearance. (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 a14 commercial and industrial districts, or as otherwise required by this chapter, shall be supplemented with landscape screening in accordance with the following standards to soften the visual impact of the fence or wall. SECTION 25. § 153.063 EXTERIOR LIGHTING is hereby amended to read as follows: (B) Applicability. (1) In general. The provisions of this section shall apply to all development in the city unless exempted in accordance with § 153.063(C) below. For new development, including new signs, the Community Development Department may require specification plans and light distribution plans to verify compliance with these standards. (E) Design standards for exterior lighting. All exterior lighting shall meet the following standards: (2) Shielding and Fixtures. (3) Maximum illumination levels. All outdoor lighting and indoor lighting visible from outside shall be designed and located so that the maximum illumination measured in footcandles at ground level at a property line or right-of-way center line shall not exceed the standards in Table 4-5, Maximum Illumination Levels. Cut-off lighting shall be designed to direct light downward (e.g., shoe box style). TABLE 4-5: MAXIMUM ILLUMINATION LEVELS Type of Use [1] Maximum Illumination (Footcandles) All Uses 0.5 at all ROW center lines Residential or Civic & Institutional Use 0.5 at Property Line Commercial or Industrial Use [2] 1.0 at Property Line Parking Lots 1.0 at Property Line [1]: See Table 5-1: Uses by District [2]: The minimum illumination level at the p eFt-y line shall be 0.2 footcandle 34 (G) Exemptions for a security plan. Government facilities, parks and open areas, utilities, and public safety, era ethe, u (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 division. The Community Development Department shall approve, or approve with conditions, the site security plan and its proposed deviation from the standards of this division, upon finding that: (I) Sign lighting. Lighting fixtures illuminating signs shall comply with the standards of this section, and exterior light sources shall be aimed and shielded so that direct illumination is focused exclusively on the sign face and the light source is not visible from off-site areas. A light distribution plan or other information demonstrating compliance with the lighting requirements of this ordinance. SECTION 26. § 153.064 SIGNS is hereby amended to read as follows: (H) General provisions. (2) Setbacks. All freestanding signs shall be set back 15 feet from any property line abutting a public right-of-way and five feet from any side or rear property line. No sign may be located within a drainage and utility easement. A certificate of survey may be required to verify sign setback in accordance with this ordinance. (11) Square footage calculation (total area = A x B): (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. (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. (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. 35 (d) A freestanding sign or sign structure constructed so that the faces are not back to back, shall not have an angleeparating thefacesexceeding thirty (30) degrees unless the total area of both sides added together does not exceed the maximum allowable sign area for that district. (20) Design and materials standards for signs in commercial districts, industrial districts, the CCD District, and PUDs,nd eo, N e as -ed e hr,,.eem�,�� (J) District regulations. In addition to the signs allowed by § 153.064(C) and § 153.064(I), the following signs shall be allowed within the specific zoning districts: (2) Within business and industrial zoning districts (see table 3-1), the following additional regulations shall apply: (d) Multiple occupancy commercial and industrial buildings. When a single principal building is devoted to two 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: 1. 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 § 153.064(J). 2. Commercial retail, office, or mixed use multiple occupancy buildings may display a sibfreestanding sign consistent with the applicable zoning district provisions in § 153.064(J). 3. Individual tenants of a multiple occupancy building within a commercial or industrial zoning district shall no may display separate wall, canopy, or marquee signs except thr-o gh plan subject to the following requirements: a. Such sign shall be limited to the maximum wall sign size permitted in the applicable zoning district provisions in § 153.064(J). Sign area shall be calculated based on the facade area of each individual tenant space. b. Such signs shall net be located envy on an exterior walls_ facing residentially zoned properties or properties on which a residential use exists. c. A comprehensive sign plan is submitted that includes all of the following information: 36 (i) 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. (ii) Elevations to scale of buildings included within the comprehensive sign plan including the location of existing or proposed wall, canopy, or marquee signs. (iii) 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). d. No permit shall be issued for a new or replacement sign for an individual tenant except upon a determination by the Community Development Department that it is consistent with the approved comprehensive sign plan. SECTION 27. § 153.066 TRANSTIONAL FEATURES is hereby amended to read as follows: (B) Applicability. (1) Transitional features shall be required when: (a) Dig -e -ent use Pfpes abut one other- (e.g. 0 . side 4ia ' institutional, ' eommer-eial1 (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; > B 2, B 3, B 4, (2) The Commidnity Development DepaAment may r-equir-e the use of (11) Provide landscape buffer Type "A" consistent with this ordinance. 37 SECTION 28. § 153.067 OFF-STREET PARKING is hereby amended to read as follows: (C) Change in use or occupancy. (3) Site plan drawing necessary. In all zoning districts, Aall applications for a building permit or prior to a change in use for an existing building or as required or a 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 § 153.067. (D) Prohibited uses related to off-street parking. (2) For single-family and two-family dwellings, off-street parking of passenger, small construction, emergency or any other commercial vehicles in the rear yard is prohibited as illustrated in Figure 4-11 and in Table 4-9. SECTION 29. § 153.067 TABLE 4-7 MINIMUM OFF-STREET PARKING SPACES BY USE is hereby amended and reordered as follows: Residential Uses Multiple Family In General 2.51_2 spaces for each dwelling emit bedroom, of which two one must be enclosed, plus one guest parking space for every four units, or as y otherwise be­sq3e�ed in the zoning distria Senior Housing- Independent Pesefvtien of area equal to10spuee pretial Livin development shall fygilir-e ��'.5 spaees per mit, -can said number- o f spaces ,ti. titin e until stieh time as the City Getmeil , side, -s n oa f ,- addit ,,,,ni 67 spaces per dwelling unit, plus one guest parkin space pace for every six units Senior Housing —Assisted Living 4.0 spaces plus. 67 spaces per dwelling nit, plus one nest parking space for evejy six units Assisted Living Facilities 4.0 spaces plus . 67 spaces per dwelling unit, plus one Quest parking space for every six units Commercial Uses B ,-d g House .datiens n pfevided f sleeping Entertainment/Recreation, Indoor Commercial W. Bowling Alley 5.0 spaces for each alley plus additional spaces as may See Parking Schedule #1 [§ 153.067(H)(2)] be required herein for related uses associated with the I See Parking Schedule #1 [§ 153.067(H)(2)] rinci al structure Theater 1.0 space for each four 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 chapter - If the theater is located in the original plat of Monticello, the required spaces shall be reduced to 1.0 space per five seats Other Uses See ParkinSchedule #2. Offices, Professional and Commercial 1.0 space for each 350 feet o�floor space Retail Commercial Uses Grocery Uses 1.0 spaces for each 200 squaresfeet - If in the CCD district, one space per 350 square feet otfloor space IfrGeneral Retail 1.0 space for each 200 square feet - If in the CCD district, one space per 350 square feet of floor space - Home improvement retail uses shall require 1.0 space or each 225 square feet Convenience Retail 1.0 spa e or each 250 square feet in .,,1,ie cnoi e of the g fleer- ., v is deveted to st.,,uge � war-ehouseT-c'i"a�t -e ,x be - of s,..aees m , ae deteFmined by either- of the listed opfiells OPTION #1: One s e fee o ,.t, 200 s e feet devated to „„ or- o 0 1.1:,, sales „l, o spaeefor-eaeh 500 square feet „fstorage e OPTION #2: One spaee for- eaeh empleyee on the maxin+Hm shift pitts one spae-e for- eaeh Inn e feet devoted to p4he sales or Industrial Uses Wrecker and Towin Services See Parking Schedule #1 [§ 153.067(H)(2)] Machine /Truck Repair and Sales I See Parking Schedule #1 [§ 153.067(H)(2)] SECTION 30. § 153.067 OFF-STREET PARKING is hereby amended to read as follows: (E) Standards applicable to all uses. (4) Vehicular use area stall calculation requirements. (b) Floor area. 4. Required parking spaces may be reduced through alternative development types (e.g. Planned Unit Development, utilization of provisions, etc) as permitted in this chapter. at (5) Vehicular use area design conditional use permit. Stall aisle and driveway design requirements outlined in § 153.067 may be lessened subject to the following conditions: (a) Any reduction OF in requirements as provided in this section requires completion of the conditional use permit process outlined in § 153.028(D). (b) Final appr-eval of pafkiag and driveway drainage plans asseeiated with conditiona lndit;..na , fmit request shall leo provided ; writing by he- r .. Development �;�Dor ,, E,,,o„t E,, g;,,vo,.;,, , o eater- t gr the portion of building pefmit fee alleeated for engineer- plan Feview shall be paid by apheant p tooceupaney ofstfuetur-e. Where a proposed use clearly demonstrates affirmative design efforts toward the preservation and enhancement of desirable natural site characteristics, ordinance- required paved parking spaces may be reduced and installation deferred until such time as the need for the full complement of parking. The need shall be determined in conformance with a Iroof o� parking" plan so approved through a Conditional Use Permit. (e) Only properties whieh have existing 1.,,ildi gs and are being expand ,dole f a new use shall be eligible for- this e ,nide fl,1 use permit. (dc) The applicant must show, and the Planning Commission must find, that there are existing nonconformities of the property orspecific circumstances related to site conditions w -hie>, are being eliminated by the remodeling which justify a deferral to the paving, landscaping, or curbing requirements. (e4) 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. (€e) 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. .N (F) Standards applicable to residential uses. SECTION 31. (1) Location of required parking in residential areas. (a) For single-family and two-family dwellings, off-street parking on a paved driveway within 15 feet of any street surface shall be allowed as long as it does not block any public sidewalk or pathway. For single- amily and two-family dwellings, parking shall be located asfound in Table 4-9 and Figure 4-11. Parking on any side of any detached accessory structure shall be prohibited except in such case that the detached accessory structure is the only,garage for the properiy. (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 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 an two family dwel ings a,. dag shall ieeatedas found in Table4-9,and Fi-gtir-€ 4-11. § 153.067 OFF-STREET PARKING, TABLE 4-9 is hereby amended to read as follows: TABLE 4-9 YARD FO REQUIREMENTS FOR OFF- STREET PARKING AREAS & DRIVEWAYS IN RESIDENTIAL AREAS Location Diagram Passenger Recreational Emergency Small Other Area Key Vehicles Vehicles Vehicles Construction Notes Vehicles Side yard G Yes, within Yes, within a Yes, within a Yes, within a Must on a space space space space maintain corner lot consisting consisting consisting consisting of minimum facing a of the 15 of the 15 feet of the 15 feet the 15 feet -36 public feet adjacent to the adjacent to adjacent to the foot street adjacent building. the building setback to to the (unsurfaced) building (surfaced) side lot building (surfaced) line in all (surfaced) cases. T44s space may enCFoach to within 5 feet of the „�€ way, provided screening is t Off a 41 (2) Vehicular use area design in residential areas. (a) Curb cuts and access. 1. Single-family uses shall be limited to one curb cut access per property. 2. Curb cut access shall be at a minimum three feet from the side yard property in residential districts. 3.For single and two-family uses, a driveway or other impervious surface leading to a detached accessory structure in the rear yard shall require authorization through conditional use permit, unless such driveway serves a structure in the rear yard that is the only garage for the residential use. (c) Residential district garage requirements. In all residential zoning districts, all detached single-family homes, two-family 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 maximum door hei hit of 9 ft. and minimum garage door opening of 16 ft. with the following exceptions and/or deviations by district: 1. R-1 District. An attached garage of at least 550 square feet shall be constructed as part of any single-family home. 2. R -A District. a. An attached garage of at least 700 square feet shall be constructed as part of any single-family home. (G) Standards applicable to commercial, industrial and civic/institutional uses. (2) Vehicular use area design applicable to commercial, industrial & civic/institutional uses. (a) Access and curbing. 42 (c) Perimeter vehicular use buffer. 1. Open, non-residential off-street parking areas shall be designed to screen headlights -from abutting ^r s,,,...,,,,ndin . residential districts through the use of a half -berm design. Said design shall -be required in all instances where headlights are directed at surrounding or abutting residential -properties. A half -berm is required in addition to any buffer yard landscaping requirements with a design -as illustrated in Figure 4-12:_ (3) Joint facilities for commercial, industrial & civic/institutional uses. The Gi Couneil may, after- r i i _ -port and recommendation from the Planning aA conditional use permit for one or more businesses to provide the required off-street parking facilities by joint use of one or more sites where the total number of spaces provided are less than the sum of the total required for each business should they provide them separately. When considering a request for such a permit, the Planning Commission shall not recommend that such permit be granted nor the Council approve such a permit except when the following conditions are found to exist: (4) Cross parking facilities for commercial, industrial & civic/institutional uses. 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 subiect the following conditions: (a) The required island and landscaping requirements in e 153.060 are met. (b) The vehicular use area meets the required setback at the perimeter of the parcels in question. (c) The curb cut access locations to the parking loth are approved by the Ci . (d) A shared parking/access and maintenance agreement is provided by the parking owners and recorded against all subject properties. (e) A properly drawn legal instrument executed by the parties concerned for joint use of off-street parking facilities, duly approved as to form and manner of execution by the City Attorney, shall be filed with the Citv Administrator and recorded with the Countv Recorder. SECTION 32. § Section 153.069 GRADING DRAINAGE, STORMWATER MANAGEMENT AND EROSION CONTROL is hereby amended to read as follows. (A) Purpose. (4) This chapter is intended to meet the current construction site erosion and sediment and waste control and post -construction stormwater management regulatory requirements for construction activity and small construction activity 43 (NPDES Permit) as defined in 40 CFR pt. 122.26(b)(14)(x) and (b)(15), respectively. (D) Grading, drainage, stormwater management, and erosion control plan requirements. Grading, drainage, stormwater management and erosion control plans are required for any activities that require a grading permit as defined in § 153.028(M). The plans shall contain the following information and be in conformance with the city's plan requirements and design guidelines ("design manual"): (5) A copy of the applicant's Minnesota Pollution Control Agency's Permit for discharging stormwater from construction activity (MN R100001), if the area of disturbed land is equal to or greater than one acre or if' roiect meets the definition of common plan of development that covers one (1) acre or more.. A stormwater pollution prevention plan must be prepared and must meet the NPDES requirements and conform to the SVWPPP standards specified in the MPCA NPDES construction general permit (Permit No: MN R10001). SECTION 33. § 153.070 BUILDING MATERIALS is hereby amended to read as follows. (C) Residential district requirements. (1) All residence districts. No metal siding shall be permitted wider than 12 inches or without a one-half inch or more overlap and relief. (2) R-1 and R-2 Districts. A minimum of 15% of the front building fagade of any structure in the R-1 or R-2 Districts, less the square footage area of windows and garage doors, 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 when consistent with the principal structure. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 5%. The Planning Commission may approve optional fagade treatments prior to building permit throw plan review when additional architectural detailing so warrants. Such detailing may include usable front porches, extraordinary roof pitch or other features. (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, less the square footage area of the windows and garage doors, 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 when consistent with the principal structure. Structures with front facades covered by at least 70% stucco or real wood may reduce the brick or stone coverage to 10%. (4) R-3 District and other districts with multiple family housing. A The R-3 and R-4 District and other districts with multiple -family housing shall be subject to building material standards as follows: (a) aAll building walls facing a public street shall be covered with stone, brick, cultured masonry simulating brick or stone, or other enhanced materials .,eeeptable to the City Gotmeil to an extent not less than 20% of the exposed wall silhouette area. In addition, (b) mMultiple-family structures of 13 or more units shall, when using lap horizontal siding, be constructed of heavy gauge steel or cement - board, with no use of vinyl or aluminum permitted. Natural wood or species that is resistant to decay may be permitted s.heFe approved by the (6) Building materials and design for the CCD District. All buildings within the CCD shall meet the materials and design standards of the Comprehensive Plan as defined by the Downtown Monticello Small Area Plan Amendment, the requirements of the CCD District, as well as the standards in § 153.07OLor Business District Requirements. In the case of a conflict between these standards, the stricter of the standards shall be annlied. SECTION 34. § 153.090 USE TABLE is hereby amended to read as follows. (A) Explanation of use table structure. (1) Organization of Table 5-1. Table 5-1 organizes all principal uses by use classifications and use types. (a) Use classifications. The use classifications are: agricultural uses; residential uses; civic and institutional uses; ^��se; commercial uses; and industrial uses. The use classifications provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., residential and commercial uses). The use classifications then organize land uses and activities into specific "use types" based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions. TABLE 5-1: USES BY DISTRICT Use Types Base ZoningDistricts "P" = Permitted "C" = Additional Conditionally A R R R T R R M B B B B C P 1 1 1 Requirements Permitted O A 1 2 N 3 4 H 1 2 3 4 B I 2 "I" = Interim D D Permitted CommercialE P P 77 lodging P � i Commercial C self -storage a Day care C C C P P C centers Financial P E P Institution P `A 45 Retail service P P P in the pointes SECTION 35. § 153.091 USE SPECIFIC STANDARDS is hereby amended to read as follows. (C) Regulations for residential uses. (2) Attached dwelling. (a) Regulations applicable to all attached dwelling types. (b) Duplex and Two -Family Dwellings (d) Multiple family. 4. If in the B-1, B-2 or CCD district, multiple -family units shall be in the form of apartments or condominiums located above the first floor of the building, unless otherwise authorized to be on the first floor by a conditional use permit meeting the following additional standards: a. The proposed site for residential use is consistent with the goals and objectives of the r,,,.,,.,t,.w Revitalization D'a" Ci 's Comprehensive Plan and detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan " (4) Manufactured homes/manufactured home park. (b) Manufactured home parks. Development of new manufactured home parks shall be encouraged to use the planned unit development (PUD) process to allow the city to vary or modify the strict application and requirements for manufactured home parks to more readily accommodate this type of development. However, absent development through a PUD, the following requirements shall apply: 1. In general: b. Each designated mebileanufactured home site shall not be less than 2,500 sf. 8. Accessory Structures a. Accessory storage buildings serving the overall park and not an individual unit in manufactured home parks, if not reviewed .e and approved as part of a PUD, shall be conditionallypermitted subject to the following additional requirements: (i) The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non- residents. (ii) Accompanying outdoor storage areas shall befull screened from surrounding manufactured home units and adjacent properties. b. For individual residential units within a mobile or manufactured home park, the following standards shall apply: (i) Only one detached accessory structure, maior or minor, shall be allowed. (ii) The maximum area of a detached accessory structure shall be 300 square feet. (iii) The maximum height of the structure shall be 1 S' as measured at the median height of the roof (iv) The detached accessory structure may not be located between the front line of the residential unit and the park access road. (v) Such structure shall be located five (5) feet from any other structure. (vi) The location of accessory structures shall be permitted only with the permission of the manufactured home park owner. (vii) Detached accessory structures exceeding 300 square feet shall require authorization through conditional use permit, which shall be subject to the following requirements: A. Permission of the park owner. B. Detached accessory structure shall have access to the park road. C. No other detached accessory structure shall be permitted. D. The maximum heip_ht of the structure shall be 15' as measured at the median height of the roof 47 (D) Regulations for civic and institutional uses. (2) Assisted living facilities. (a) The development must be contained on an independent simile parcel; 30% of the parcel must be preserved as open space at least two-thirds of which shall be useable. (e) The site of the main epAr-anee of the prineipal use is seFved or- is loeated with, 400 feet o f f-e,.ula - transit (f) Efficiency units shall be a minimum floor area of 440 square feet, and shall not exceed 20% of the total number of apartments in a multiple dwelling, or the maximum established in the district, whichever is less. (4) Hospitals. A hospital shall: (a) Be located on a site of at least five acres. (b) Be located on a parcel that fronts or has direct access to an arterial or collector street. (c) Be served by public water and wastewater systems. (d)Side yards shall be double the minimum requirements established for the applicable district. (e)When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buf er Type "B ") in accordance with section 4.1(G) of this ordinance. (OAdequate of -street parking and access is provided in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with Section 4.1 LF) of this ordinance. (g)Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with Section 4.9 of this ordinance. (h)Exterior li hating standards outlined in Section 4.4 of this ordinance shall be met. (7) Public buildings or uses: (a) When abutting a residential use in a residential use district, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type "B") in accordance with section 4.1(G) of this ordinance. (b) Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met. (c) Adequate off-street parking and access is provided on the site or on lots directly abutting the use in compliance with Section 4.8 of this ordinance and that such parking is adequately screened and M. landscaped from surrounding and abutting residential uses in compliance with Section 4.1 (F) of this ordinance. (d) Adequate of -street loading and service entrances are considered and satis actorily provided in accordance with Section 4.9 of this ordinance. (d e) Exterior lighting standards outlined in Section 4.4 of this ordinance .shall he met_ (E) Regulations for commercial uses. (1) Adult uses: See - 153.046UT) (2) Auction house. (m) All outside storage and outdoor sales and display, if allowed, shall be effectively screened from public view in accordance with § 153.060(I) and limited to 10% of the gross floor area of the principal use building. (3) Auto repair — minor. (b) Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25% of the buildable area of the lot, is located behind the front building line of the principal structure, and is screened with a wooden fence, maintenance free vinyl or masonry wall in accordance with § 153.062, Fences & Walls. (a When abutting a residential use, the property_shall be screened with at least a semi-opaque buffer in accordance with (Table 4-2, Buffer Type "C'� in accordance with .& 153.060Lq) of this ordinance. (4) Automotive wash facilities. �!U PWMM srs r m= ■ MM I M (7) Commercial lodging. (b) In the CCD District, the following additional standards shall apply: 1. The principal building lot coverage is no less than 50% of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces. 2. The building, site, and signage meet the standards for the "CCD" District and designr-eview is eendueted by the Planning ceffifflissie . 3. The proposed use demonstrates compatibility and consistency with the City's Comprehensive Plan and the T,,,w,,*,...,,, Revitalization P! as detailed in the Comprehensive Plan Amendment entitled `Downtown Monticello Small Area Plan. (11) Day care center. (d) In addition to divisions (a) through (c) above, day care centers in the IBC and I-1 district, shall adhere to the following additional requirements: (13) Entertainment/recreation — outdoor commercial. (a) When abutting a residential use, the property shall be screened with at least a semi-opaque buffer (Table 4-2, Buffer Type "C") in accordance with § 153.060(G). (b) Adequate measures to contain the proposed activity on the subject site shall be provided_ (c) Dust and noise are controlled consistent with Citv Ordinance. (d)No auctions shall take place on the premises. 50 (e)Hours of operation shall be limited to 7:00 AM -10: 00 PM. (0 All li hating shall be in compliance with Section 4.4 of this ordinance. (17) Kennels (commercial): (a) The kennel shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises. (b) Any open runs or pens used to house animals shall be located at least 75 feet from any lot line. (c) Accessory uses to a kennel may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25% of the total gross floor area of the principal building. (d) All kennels shall operate in conformance with Ciiy Code requirements and licensures. (18) Landscaping/nursery business. (a) The business shall be located next to a collector or arterial street as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets. (b) Exterior- displays visible from .,djaee t p „o, -ties o right of'.. ay shall. be lifnited t..plants , gloss other -wise appr-eved by the City Getineil. (20) Offices (commercial). Regulations for- ^ffi^e (a) Outdoor storage and Accessory Building — Maio r shall be prohibited. (21) Offices (professional) includingfinancial institutions. (a) Outdoor storage and Accessory Buildin—MMaior shall be prohibited. (22) Personal services. (a) Outdoor storage and Accessory Building — Maior shall be prohibited. (b) Drive-thru service shall require authorization through conditional use hermit in accordance with Section 5.2 of this ordinance. (25) Repair establishments. (a) Outdoor storage and Accessory Building — Major shall be prohibited. (26) Restaurants. (c) Restaurants having drive-through facilities shall require a conditional use permit and comply with the following standards: 7. If in the CCD District, the following standards shall also apply: a. The design of the site promotes pedestrian access adjacent to and along the property. 51 b. Site lighting shall utilize fixtures similar in style to that designated by the city for use in public areas of the "CCD" district. c. The building, site, and signage meet the standards for the "CCD" district and design review is conducted by the Planning Commission. d. Drive through facilities comply with the requirements of § 153.092(D)(14). e. The proposed use demonstrates compatibility and consistency with the City's Comprehensive Plan and the 1,,.....,4,.w- Revitalization Plan as detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan. (27) Retail commercial uses (other). (a) If the retail sales includes consignment sales, the following standards shall apply: i Sales and storage shall not o oa 1,000 s o feet ; 2 At least 800 of the sales shall be ,.v,.,.nsigne mer-ehandise-. 31. No auctions shall take place on the premises. 42. There shall be no outside storage. (28) Specialty eating establishments. (a) Drive through service, if .,ppr-eve e within the pplie ble distfietl shall be reviewed through the conditional use permit process and shall be located to the side or rear of the building whenever feasible. (29) Vehicle fuel sales. (a) Regardless of whether the dispensing, sale, or offering for sale of motor fuels and/or oil is incidental to the conduct of the use or business, the standards and requirements imposed by this chapter for motor fuel stations shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property. (b)A principal buildingis wherever fuel pumps are to be installed, which square footage shall be a minimum of 10% of the total lot area. (b c) Wherever fuel pumps are to be installed, pump islands shall be installed. (e d) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064. (d d) Provisions are made to control and reduce noise. 52 (el) 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 the r,owni,,,,,,, Revitalization Planas detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan". (30) Vehicle sales or rental. (g) There is a minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet. ^ drainage system subjeet to the approval of the Community Development Department shall be installed. (h) A drainage system subject to the approval of the Community Development Department shall be installed. (F) Regulations for industrial uses. (1) Automobile repair - major. (g) The advet4ising wall f4eing the publie right of way shall eensist of no more than 500% metal material. monotony of a single eoler- flat sur-faee-. (3) Commercial self -storage facilities. (a) Site layout. 1. The minimum lot area shall be at least two acres. 2. If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings and shall be authorized through establishment of a planned unit development. 53 (11) Machinery/trucking repair & sales and ind- trig' (14) Recycling and salvage center. (c) Except for a freestanding office, no part of the center shall be located within 4725 feet of any property line, or the minimum buffer yard setbacks required in § 153.060(G), whichever requires the greater setback. SECTION 36. § 153.091 USE SPECIFIC STANDARDS, Division (F) Regulations for industrial uses is hereby amended to add the following subsection and renumber sections accordingly. (8) Industrial services. (a) The entire site other than that taken up by a building, structure, or plantings _ shall be paved. (b) A drainage system subject to the approval of the Community Development Department shall be installed. (c) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with Section 4.4 of this ordinance. (d) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type "D") in accordance with section 4.1(G) of this ordinance. (e) Parking or car magazine storage space shall be screened from view of abutting properties and the public right of way in compliance with Section 4.1(F) of this ordinance. (f) All signing and informational or visual communication devices shall be minimized and shall be in compliance with Section 4.5 of this ordinance. 54 (g) Provisions are made to control and reduce noise. (h) No outside storagept as permitted or conditionally_ permitted in compliance with Section 5.3(D)(26) of this ordinance. (i) If the business requires the use of large commercial vehicles or other large machinery, a specific area shall be designated for the exterior storage of the vehicles and equipment. SECTION 37. § 153.092 ACCESSORY USE STANDARDS is hereby amended as follows: (B) General standards and limitations for accessory uses and structures. (2) General standards. All accessory uses and accessory structures shall meet the following standards: (a) Directly serve the principal use or structure; (b) Be customarily accessory and clearly incidental and subordinate to the principal use and structure; (c) Be subordinate in area, extent, and purpose to the principal use or structure; (d) Be owned or operated by the same person as the principal use or structure; (e) Be located on the same lot as the principal use or structure, subject to the public improvement project exception as regulated by § 153.106(D)(1); (f) Not be constructed or established prior to the time the principal use or structure is constructed or established, subject to the public improvement project exception as regulated by § 153.106(D)(1); (g) Together with the principal use or structure, not violate any standards of this chapter; (h) Not be located within platted or recorded easements or over underground public utilities without an encroachment akreement issued by the Community Development Department; (i) An accessory building shall be considered an integral part of the principal building if it is connected to the principal building either directly or by an enclosed passageway. Such accessory buildings shall adhere to requirements for the principal building; 0) If a principal building is proposed to be removed with no immediate replacement, all accessory structures shall also be removed; 55 (k) Not constitute a combination use, which is the combination of two principal uses (combination uses will not meet the above standards in terms of being subordinate or providing service to the principal use). SECTION 38. § 153.092 ACCESSORY USE STANDARDS, TABLE 5-4: ACCESSORY USES & STRUCTURES is hereby amended as follows: TABLE 5-4: ACCESSORY USES & STRUCTURES BY DISTRICT Use Types Base ZoningDistricts "P" = Permitted "C" = Additional Conditionally A R R R T R R M B B B B C P I I I Requirements Permitted O A 1 2 N 3 4 H 1 2 3 4 1 2 "I" = Interim D D C Permitted Drive-through g g g P P P §153.092(D)(14) C services C C C a C C C Office P P P P P P P P_ none Outdoor P P P P P P P P P P Residential storage / / § 153.092(D)(27) C C (a) Industrial § 153.092(D)(27) b Sidewalk Ca e P P P P City Code SECTION 39. § 153.092 ACCESSORY USE STANDARDS is hereby amended as follows: (D) Additional specific standards for certain accessory uses. (2) Accessory building — major. (a) In all residential districts except M -H, the following shall apply: 2. Private garages. a. Private garages shall be used by the family or families residing upon the premises, except as follows: (i) One-half of the private garage spaces on the premises can be rented to non-residents of the property for private passenger vehicles and/or non- commercial vehicles, trailers, or equipment if sufficient off-street parking in full compliance with this chapter is provided elsewhere on the property. 56 (b) In the M -H district, the folio of§ 153.091 (C)(4 ) (8) shall apply.: tl�NA0.1eAlrlAIINl��91NNAl1iMMrII�II�A (35) Trash handling and recycling collection area. (a) Multiple -family structures with more than four dwelling units shall adhere to the following: 1. All large trash handling and recycling collection area(s) shall be: located within the principal structure and be totally screened from public view by the principal building SECTION 40. § 153.092 ACCESSORY USE STANDARDS, TABLE 5-5 REQUIRED STACKING SPACES FOR DRIVE-THRUS is hereby amended as follows: TABLE 5-5: REQUIRED STACKING SPACES FOR DRIVE-THROUGHS Use or Activity [ 1 ] Minimum number of Stacking Spaces (per lane Measured From [2] Specialty Eating Establishments - Coffee 12 Window shops Restaurants -5 8 per order board Pick-up window 57 SECTION 41. § 153.092 ACCESSORY USE STANDARDS is hereby amended to add the following subsection and subsequent subsections shall be reordered accordingly. (31) Sidewalk Cafe (a) Sidewalk cafes shall be subject to the requirements of City Code, Chapter SECTION 42. § 153.093 TEMPORARY USE STANDARDS is hereby amended as follows: (C) General standards for temporary uses. Temporary uses, structures, or events shall comply with the following: (1) Obtain the appropriate permits (as required), including the signature of the property owner on which the temporary use is proposed; (E) Specific standards for temporary uses. (6) Temporary storage in a portable shipping container. Temporary storage in a portable shipping container shall be permitted to serve an existing use subject to the following standards. (a) For residential uses, a portable shipping container shall not be located: 1. On a lot without prior approval from the Community Development Department; 2 in ^ ,.o, uir-e (tont .,^,.a On an unimproved or unpaved surface; 3. Within ten feet of any lot line or structure; 4. In a manner that impedes ingress, egress, or emergency access; and 5. On an individual parcel or site for more than 30 total days over any one-year period. (7) Tents, canopies, tarp garages, and hoop buildings. Tents, canopies, tarp garages, and hoop buildings or similar membrane structures shall: (a) Obtain a building permit from the Community Development Department; (b) Maintain a minimum clearance of -29 6 feet from all other structures and tents; (c) Not exceed more than two one on a single parcel (the Community Development Department may approve more than two as a part of a special event permit on a single parcel ; W. (d) Not be erected for more than a total of 30 days in any calendar year with the exception of those uses with valid permits issued under § 153.093(E)(8) through (11); (e) Be limited to a maximum of three occurrences per parcel per year; (f) Not be placed within required landscape areas; (g) Not obstruct emergency vehicle access to adjacent lots or disrupt pedestrian circulation; and (h) The lot or site shall be restored to its original condition within two days of removal of the tent, canopy, tarp garage, or hoop building. SECTION 43. § 153.106 AUTHORITY TO CONTINUE is hereby amended to read as follows: (A) Legally conforming existing structures and uses in existence on the effective date of this chapter as denoted in § 153.004 which become nonconforming to this chapter shall be considered legally nonconforming and shall be treated as follows: (1) A use which is no longer permitted due to a change in zoning shall be considered a legally nonconforming use subject to all conditions for such use as outlined in this chapter, and shall not be expanded, except that legally nonconforming owner -occupied residential uses may be expanded to improve livability, provided the expansion meets all other applicable conditions of the zoning district in which the residential use is located and does not increase any existing nonconforming condition on the property, including the number of residential units in a building. (2) A structure which becomes nonconforming to a required setback or setbacks shall be viewed as a legally nonconforming structure, subject to all conditions for such structure as outlined in this ordinance, and may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, except as allowed by paragraph H below. SECTION 44. § 153.124 ENFORCEMENT GENERALLY is hereby amended to read as follows: (B) General inspections. (2) If the owner, licensee, resident, or other person in control of a premises objects to the inspection of or entrance to the property, the Community Development Department may petition a court of competent jurisdiction for a search warrant to authorize entrance to the property. Such a warrant shall only be used to determine whether the provisions of this chapter or related state statute are being complied with and to enforce this chapter or related state statute. No unrelated criminal charges shall be made as a result of the warrant. No warrant shall be issued unless there is probable cause to issue the warrant. Probable cause W occurs if the search is reasonable. Probable cause does not depend on specific knowledge of the condition of a particular property. SECTION 45. § 153.999 PENALTY is hereby amended to read as follows: (B) The city may also enforce any provision of this chapter by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. No related city permit, license or other approval will be issued to a person or property that has an outstanding notice of violation that is not beim appealed, or is not subject to the provisions of a stipulation, order or settlement re,zarding that violation. SECTION 46. 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 47. 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 Hal Lloyd Hilgart, Mayor A rrrrr, carr. AYES: Gabler, Hilgart, Hinz, Martie, and Murdoff NAYS: None