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Planning Commission Agenda 11-17-2010 AGENDA MONTICELLO PLANNING COMMISSION Wednesday, November 17th, 2010 6:00 PM Mississippi Room, Monticello Community Center Commissioners: Rod Dragsten, Charlotte Gabler, Lloyd Hilgart, William Spartz, and Barry Voight Council Liaison: Susie Wojchouski Staff: Angela Schumann, Ron Hackenmueller, Ben Gozola - MFRA 1. Call to order. 2. Citizen Comments. 3. Consideration of adding items to the agenda. 4. Public Hearing - Consideration to adopt an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance. (Chapters 1-3) 5. Adjourn. Planning Commission Agenda: 11/17/10 4. Public Hearing - Consideration to recommend adoption of an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3 (AS) A. REFERENCE AND BACKGROUND The Code Revision Impetus The Planning Commission is presented with the proposed amendment to Title 10 of Monticello City Code - Monticello Zoning Ordinance for formal review and recommendation. The amendment will be considered in three separate public hearings. The first public hearing includes review of the following proposed chapters: Chapter 1: General Provisions Chapter 2: Application Reviews and Procedures Chapter 3: Zoning Districts The proposed code offered for consideration of adoption is the result of over a year of work and process. The effort to re -draft the entire Zoning Code began in October of 2009. The initiative was a direct result of the 2008 Monticello Comprehensive Plan update, which lays the groundwork for land use policy for Monticello for the next twenty years. The 2008 Comprehensive Plan recognized that it is the City's codes and ordinances which control actual development. State law stipulates that zoning regulations are a critical tool for implementing the Comprehensive Plan. The 2008 Comprehensive Plan stated that "A priority should be given to the review and updating of zoning regulations. The vision and objectives of the Comprehensive Plan will not be achieved unless zoning regulations are aligned with the Plan." In addition to the need for consistency with the Comprehensive Plan, the Planning Commission and City Council have often struggled with outdated portions of the ordinance, adopting frequent amendments that eventually created a patchwork code that was often difficult to use and understand. As a result of this clear need for consistency and clarity, the City completed a request for proposal process for the complete revision of the zoning code in fall of 2009. The request for proposal provided clear direction on the issues that needed to be addressed and the objectives that needed to be met for the new code. A copy of the RFP is provided for reference. Also included is an annotated outline which discuses how each issue and objective has been met with the amended code. Planning Commission Agenda: 11/17/10 The Updating Process The City selected consulting firm MFRA as a result of the RFP process. MFRA and the City began the formal Zoning Ordinance updating process in late 2009, with an open house in November of 2009. The code presented for your review incorporates the suggestions and comments resulting from an intense public input and review process. The revision process was directed by the Monticello Zoning Ordinance Revision Steering Committee, made up of all five members of the Planning Commission and two City Council liaisons. The revision process was designed to be incremental, with sets of chapters and provisions developed gradually. The actual code development followed the following schedule: • Initiation & Scoping October/November 2009 • Administration — Chapters 1, 2, 6, 7 & 8 December 2009 To Feb 2010 • Districts & Uses — Chapters 3 & 5 March To April • Finishing Standards — Chapter 4 June To July • In -Depth Draft Review With Committees July To Present It is recognized that the amendment of an entire zoning ordinance is an overwhelming, (and at times, tedious) process for even the most involved official or citizen to digest. The incremental drafting approach allowed for the maximization of public input, as different opportunities for public involvement were offered along the way. The process sought to involve as many as possible, utilizing a variety of means to reach out to both the general public and stakeholder organizations. These methods included: • Kick Off Meeting Open House • Steering Committee Meetings (12+) • IEDC Meetings (4 meetings/2 agenda items) • Chamber of Commerce Meetings (2) • Email Distribution List • One-on-one meetings • Direct email responses • Newsletter & Website Updates • Concluding Comments Open House Throughout the revision process, staff provided MFRA detailed supporting memos, which identified additional direction provided by the Steering Committee or other staff members. In addition to this detailed staff review, the City Attorney has had an opportunity to review and comment on the draft. The comments from Campbell Knutson are provided for reference. The comments of the attorney have been addressed to a great extent, with only a handful of items to be clarified. 2 Planning Commission Agenda: 11/17/10 Overall Code Format The amended code presents a completely new structure for the Monticello Zoning Ordinance. Although the ordinance remains consistent with the current City Code format, which uses an outline structure (with letters and numbers to separate provisions), it is much more graphically -based, with numerous new features geared towards ease-of- use. Ordinance structure highlights: • The most notable change has been the consolidation of code information from 33 chapters to just 8 chapters. This consolidation is an example of how the code achieves the desired goal of clarity and ease of use. • There is a more detailed Table of Contents, providing page numbers for each and every chapter section. The web version will also include a table of contents for each individual chapter. • Headers are provided at the top of each page, giving users a visual reference to the chapter and section they are reading. • The amended ordinance includes far more tables and illustrations than the previous code. These provide a more visual means of interpreting the code, again making it easier to utilize and understand. An index of all tables in the code will also be added to the final version. • The new code includes cross-reference markers. When posted to the City's website, these will become hyperlinks which allow users to easily cross-reference other sections with the zoning code, as well as other portions of City Code and outside sources. • Definitions have been moved to the rear of the code, which is a more obvious and intuitive place to find a glossary or index. A glossary of abbreviations has been added to help users decode the many acronyms used in the text. Overview of Chapters 1-3 Recognizing the depth of the task at hand, the amended code is being presented for recommendation in three separate public hearings. To follow is a brief overview of the most substantive changes proposed for each of the first three chapters. Chapter 1 1.8: Transitional Regulations 3 Planning Commission Agenda: 11/17/10 With the adoption of a new ordinance, it is important to detail how the new code will be applied to existing uses. This section provides detail on this subject. Additional information relative to non -conformities will be covered in Chapter 6. 1.9: Severability Additional support has been given to ensuring the individual merit of every section or clause of the code, including those conditions assigned by the City. Chapter 2 2.2: Summary of Decision -Making and Review Bodies The roles, powers and duties, and review authority for each reviewing body of the City are clearly identified. Table 2-1 provides at -a -glance review information for each type of planning application. 2.4: Specific Review Procedures & Requirements Application requirements for each type of land use procedure are clearly enumerated. A graphic illustrating the review path for each type of application has been added in a sidebar adjacent to application information. Site plan review has been formally instituted, allowing the Community Development Department to ensure compliance with the code for all land development/use change. Home occupation ordinances were placed into a three -tiered structure, clearly identifying the procedure for each. The Planned Unit Developments process was a major concern for the City. The primary issue was the need to achieve an end product that matched the preliminary planning. In response, the code sets out a new process under rezoning, which gives the City more review leverage through a collaborative process. The concept, development and final stage process stayed in place. Chapter 3 One-page, at -a -glance district provisions were created for all zoning classifications. These code sections include images, sample lot sketches, plat configurations, and provide cross-reference information to other relevant code sections. 0 Planning Commission Agenda: 11/17/10 The individual provisions for each district were reviewed in detail, with recommended changes by the Steering Committee and IEDC small group implemented as related to lot widths, densities and height restrictions. Three districts were renamed to better reflect changes in allowed uses or desired use outcomes. These districts include the R-lA, which is now RA (Residential Amenities), R -2A, which is now TN Traditional Neighborhood, and I -IA, which is now IBC (Industrial and Business Campus). New clarity was provided on the purpose and implementation of overlay districts. The PZM District was removed from code, replaced with by -right development provisions under a PZ overlay. This overlay allows for a mixing of uses when applicants can meet performance standards. The standards were developed based on areas of importance defined by the Steering Committee and staff. The P -S District was eliminated. Wetland provisions were strengthened. The addition of a Shoreland overlay district in recognition of future annexation areas containing shoreland and the current shoreland along the Mississippi River. A review for compliance with recent State -level changes was completed for the Shoreland, Floodplain and Wild & Scenic provisions. These sections will require review and approval by the DNR. (See below for additional information.) DNR Review & Approval State regulations require that the Department of Natural Resources review and approve the Shoreland, Floodplain and Wild & Scenic provisions of the Zoning Ordinance. This is due to the relationship of the City codes to State Statute. Staff met with the City's regional DNR representative, Roger Stradal, and has begun the formal process for this review. No definitive review time period has been given, although it is anticipated that DNR review and approval will occur after the expected January adoption of the new code. For this reason, the DNR recommends that the Planning Commission reserve approval of the following overlay districts until such time that the DNR provides their comments and approval. • 3.7(C) — Flooplain District • 3.7(E) — Shoreland District 5 Planning Commission Agenda: 11/17/10 In regard to the Wild & Scenic overlay district, DNR has informed staff that this overlay cannot be combined with Shoreland regulations. Although the DNR is considering merging the two, that process has not been finalized and therefore the two must remain separate in City ordinance. At this time, the City could adopt the new Zoning Ordinance as proposed, exempting the Shoreland and Floodplain overlay districts, instead adopting current ordinance Chapter 18 (Floodplain Management) and 27 (Mississippi Wild & Scenic) until such time as the DNR review and approval process is complete. After DNR comments are addressed, the City can adopt the new overlay provisions as provided for within the new code. Zoning Map With the ordinance revision, the development of a new map is necessary. The Zoning Ordinance as proposed requires the adoption of a map and recognizes the map as the official statement of districts. The Zoning Ordinance revision process yielded the elimination of two districts, PZM/PZR (Performance Zone-Mixed/Residential) and P -S (Public/Semi-Public). Properties currently zoned as such are proposed to be rezoned according to their base use and/or guided Comprehensive Plan land use. A detailed analysis for this rezoning was completed by both staff and the Steering Committee. However, it is anticipated that future rezoning action may occur to clear up any resulting non -conformities. The zoning map will also be adjusted to reflect changes in zoning district names as noted above, PUD boundaries, and PZ overlay areas. The Planning Commission will be asked to recommend adoption of a new zoning map during the third and final public hearing in January. Until that time, the Planning Commission is asked to review and comment on the draft included in this packet. Work to Come and Conclusions Though much work has been completed and many improvements made, there is still work to do. Due to the extent of changes to the PZ and PUD regulations, it is recommended that a workshop be held in the coming months to develop a better understanding of the development process, timelines and results both would yield. This may help answer some remaining questions about how each would be applied. Also, as the Planning Commission is aware, the City is in the midst of a new downtown planning effort, Embracing Downtown Monticello. Once that effort is completed, the CCD provisions of the code will require amendment. At the conclusion of the Embracing n Planning Commission Agenda: 11/17/1.0 Downtown Monticello effort, staff will evaluate the outcomes and provide a recommendation on how to proceed with code amendments. Finally, Planning Commission will note that there are also other areas in the code marked "Reserved". These areas require additional research, discussion and code language development. It is of critical importance that the Planning Commission and City council recognize that the code is very much a working document. Over the course of the next six months, Planning Commission's agenda will likely list a regular agenda item calling for amendment to the new code. These amendments will consist of general language clean- up, as well as more in-depth review of code provisions requiring additional feedback. It is also recommended that the Planning Commission itself identify an audit schedule for areas it would like to review on an annual basis, such as signage or off-street parking. With those comments in mind, the draft presented for hearing is representative of the months and work and comment. B. ALTERNATIVE ACTIONS 1. Motion to approve Resolution 2010-075, recommending adoption of an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3, subject to the following: a. Exemption of section 3.7(C) — Floodplain and 3.7(E) — Shoreland b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18 (Flood Plain Management) and 27 (Mississippi Wild & Scenic) by reference. 2. Motion to approve Resolution 2010-075, recommending adoption of an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3, subject to the following: a. Exemption of section 3.7(C) — Floodplain and 3.7(E) — Shoreland b. Adoption of current Title 10, Monticello Zoning Ordinance Chapters 18 (Flood Plain Management) and 27 (Mississippi Wild & Scenic) by reference. c. To be determined by the Commission 3. Motion to table adoption of an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3, for reasons to be determined by the Commission. 7 Planning Commission Agenda: 11/17/10 C. RECOMMENDATION Staff recommends adoption of an amendment to Title 10 of the Monticello City Code, Monticello Zoning Ordinance, Chapters 1-3, subject to any final revisions as suggested by the Commission. Staff believes that Chapters 1-3, as presented, are reflective of the months of work and effort by the Steering Committee and other stakeholders. As noted in the report, staff recognize that the ordinance proposed is a snapshot in time: that more work and refinement are to come as the City continues to seek achievement of its Comprehensive Plan goals and respond proactively to the changing patterns of development and land use. D. SUPPORTING DATA A. Request for Proposal: Comprehensive Revision of the Monticello Zoning Ordinance B. Complete Draft of the Proposed Monticello Zoning Ordinance: Chapters 1-3 (Dated 11-12-10) C. Annotated Outline D. Proposed Zoning Map E. Campbell Knutson Comment Memo (with staff responses) F. Chapter 18 — Flood Plain Management G. Chapter 27 — Mississippi Wild & Scenic H. Resolution 2010-075: Recommendation of Adoption (To be provided at meeting) 1 REQUEST FOR PROPOSAL TO PREPARE A COMPREHENSIVE UPDATE TO THE MONTICELLO, MINNESOTA ZONING ORDINANCE Proposal Due Date/Time April 1st, 2009 4:00 P.M. (CST) CITY OF MONTICELLO Community Development Department 505 WALNUT STREET, Suite 1 MONTICELLO, 55362 2 MONTICELLO COMMUNITY AND ZONING ORDINANCE CONTEXT Community Background The City of Monticello is a free-standing urban fringe city, situated in a prime location on Interstate 94 between the Minneapolis/St. Paul Metro area and the City of St. Cloud. Similar to many communities on the outer edges of the Minneapolis/St. Paul area, Monticello experienced rapid residential growth within the last ten years. The residential population is currently estimated at 11,000. The community is also home to a thriving business community and continues to build on its past success of attracting high-quality commercial and industrial enterprises. As a free-standing community, Monticello’s residential, commercial and industrial components share equal importance in the City’s plan for continued growth. Impetus for Update The City approved an update to its Comprehensive Plan in May of 2008. The update was a response to the rapid growth of the community , the expansion of the City’s Planning Area, and a preparation for land use decisions that lay ahead. The 2008 Comprehensive Plan reflects a new approach to the delineation of land uses for the community. Therefore, the adopted Comprehensive Plan states that priority should be given to the review and updating of zoning regulations. The vision and objectives of the Comprehensive Plan will not be achieved unless zoning regulations are aligned with the Plan. Monticello lies outside of the seven-county metropolitan area. As such, Minnesota State Statute dictates that zoning regulations control the use of land. The authority granted under this provision underscores the importance of the zoning ordinance in supporting goals of the Comprehensive Plan. The current Zoning Ordinance, Title 10 of the Monticello City Code, was adopted in 1976. Since that time, the ordinance has been amended with the standard individual language revisions and with occasional amendments for the addition or revision of entire chapters. The lack of a regular comprehensive review of the ordinance has created a large, inconsistent and confusing set of zoning codes. 3 Public Participation in Land Use Decisions Planning decisions within Monticello are highly participatory. Public hearings on planning and land use decisions are held by the Planning Commission, who serves as the Board of Adjustment and Appeals. Other land use recommendations made by the Planning Commission are reviewed for final approval by the City Council. Additionally, an Economic Development Authority, Industrial and Economic Development Committee, Parks Commission and Design Advisory Team contribute to the planning process through various channels and at various points during the process. Conclusion The need for codification of a zoning ordinance which supports the Comprehensive Plan, combined with the factors of recent exponential growth, changing development patterns, emerging zoning techniques, and the outdated nature of the current ordinance have made a comprehensive revision of the ordinance a necessity. RESOURCES The following resources are available online at the City of Monticello website, www.ci.monticello.mn.us: o Current Monticello Zoning Ordinance o City Code o 2008 Monticello Comprehensive Plan o 2008 Monticello Natural Resource Inventory & Assessment o 1997 Downtown Revitalization Plan A copy of the 2008 Official Zoning Map is included with this RFP as Exhibit A. A copy of the 2008 Comprehensive Plan Land Use Plan is included with this RFP as Exhibit B. 4 ZONING ORDINANCE UPDATE CONSIDERATIONS The Comprehensive Zoning Ordinance Update represents a whole-scale remodeling of the City’s primary practical land use tool. As such, the City is seeking zoning codification that responds to and accounts for a number of factors, as described below. 1. As a free-standing community, the ordinance will need to balance the interests of the residential, commercial, industrial and public segments of land use. 2. The revision process will require the involvement of a broad spectrum of stakeholders. Any proposal must include a detailed approach to an inclusive and productive public input process. 3. The ordinance revision process must account for a detailed public communication process incorporating multiple methods, including web, cable access and print. 4. The ordinance must be drafted in support of the adopted 2008 Monticello Comprehensive Plan Update. 5. The ordinance must comply with all current Minnesota State Statute requirements. 6. The codification requires the elimination of inconsistencies with planning case law. 7. The ordinance will be drafted in a web-based format, or allow for seamless conversion into a web-based format. 8. The ordinance revision will include cross-references to other City planning documents and tools, including, but not limited to, the Comprehensive Plan, Subdivision Ordinance, City Code, Plan Requirements and Design Guidelines, and Natural Resource Inventory & Assessment. 9. The ordinance revision will re-evaluate current zoning districts in terms of suitability and need, and consider the consolidation or addition of districts. 10. The ordinance will be re-organized in a intuitive and logical manner to maximize ease of use for staff and the general public. 5 11. The revision will eliminate the current “cascading” of district uses and keep each substantive zoning concept or district independent and in logical format. 12. The codification will include form-based elements only as applicable to a given design standard or concept. 13. The ordinance will incorporate visual elements, diagrams and tables in support of legibility and ease of use. 14. The ordinance will integrate conservation design, sustainable design and smart growth techniques wherever feasible, recognizing the need for balance and clarity. 15. The ordinance will examine the appropriate districts or standards under which performance- or incentive-based zoning should be incorporated. 16. The ordinance will anticipate advances in technology and engineering and address the land-use implications of these advances. 17. The development of ordinance language shall include the presentation of alternative and contrasting language options for policymaker review, as applicable. 18. The codification will integrate the most recent zoning chapter amendments completed by the City without requiring secondary review and update, except to ensure conformity with the Zoning Ordinance as a whole. 19. The revision will include an analysis and action/policy statement for non- conformities that will occur as a result of the ordinance update. 20. Recommendations shall be provided for needed amendments to City Code resulting from the Zoning Ordinance revision. 6 SCOPE OF WORK The City of Monticello is seeking a progressive yet pragmatic approach to the Comprehensive Zoning Ordinance Update. A final scope of services and deliverables will be developed in collaboration with the selected Consultant. However, the basic components may be narrowed to the following primary areas. 1. Development of an ordinance framework. 2. Development of ordinance language. 3. Statute and case law compatibility analysis. 4. Incorporation of cross-reference markers and construction of web compatibility. 5. Update of Official Zoning Map. 6. Public and policymaker process. STAFF SUPPORT All proposals are to include a detailed summation of staff support required to complete the scope of work as proposed. It is expected that the Consultant will be responsible for the collection of baseline data resources. The City currently employs one full-time planning staff person (Community Development Director) and retains an outside consulting service for both long -range and day-to-day planning matters. The City also retains a legal firm for both broad-scale and day-to-day legal matters. It is expected that the codification process will involve review and consultation with the City attorney. Proposals must include any costs for consultation with other consultants, including the City’s retained planning consultant and attorney. 7 SELECTION/EVALUATION CRITERIA Proposals will be reviewed on a points basis, with a maximum of 100 points to determine ranking of each proposal. 1. Demonstrated Capacity and Experience – a maximum of 15 points Please supply a general information statement that briefly describes the candidate firm or consulting team, including background, size, projects, scope, and nature of services. Please list the names of all consultants who will be assigned to the project and in what capacity. What professional and technical competence do the consultants assigned to the pr oject possess which will enable them to successfully complete the required project? What direct experience do the consultants assigned to the project have working with diverse stakeholders in the development of City plans or initiatives? What relevant past experiences and performance do the consultants assigned to the project have that will enable them to successfully assist the City in the Comprehensive Zoning Ordinance Update process? 2. Project Approach and Organization – a maximum of 45 points Candidate proposals shall include a detailed methodology for accomplishing the Update. How will services be performed? Has the proposal addressed each of the considerations included within this RFP? What do they propose as a scope of services? How will the public process be structured? How will communications about the project be handled? How would a potential service contract be structured? 3. Cost-Efficiency – a maximum of 25 points The proposal shall include a detailed cost estimate for completing the project. Hourly costs for additional time should also be provided, along with any extraneous expenses associated with travel, communications services, production, etc. 8 4. Project Timeline and Consultant Availability – a maximum of 15 points The proposal shall include an evaluation of time allotted to each component of the scope of work and include an estimated time schedule for each component of the project, based on a start date of June 1, 2009 and completion date of June, 2010. Describe the proposed consultant project schedule and the staffing plan, including the number of on-site visits/meetings. SELECTION PROCESS The Planning Commission and City Council will be asked to review all incoming RFP’s and pare candidate proposals to three (3) Consultants for presentation and interview based on the Selection/Ranking Criteria. Presentations/interviews are expected to occur in late April 2009. The Planning Commission and City Council will hold a joint session for presentation and interview. The City Council will have the final decision on the selected Consultant. The final Consultant selection decision will not be made by Selection/Evaluation Criteria ranking alone, but will be based on a combination including, but not limited to: ranking, presentation, proposal merit and other qualifications. Once authorized to proceed, the “most qualified” consulting team or firm will be expected to immediately assist in developing a final scope of services and contractual agreement. The City of Monticello reserves the right to waive any irregularity in any submittal or reject any or all proposals. Any costs incurred by candidate firms or consulting teams in preparing the Proposals are the sole responsibility of the respondent. 9 INQUIRY AND SUBMITTAL PROCEDURES All proposals should be sent and all questions and correspondence should be directed to: City of Monticello Attn: Angela Schumann 505 Walnut Street, Suite 1 Monticello, MN 55362 763-271-3224 or angela.schumann@ci.monticello.mn.us Fifteen (15) copies of the proposal and one digital copy of the proposal are required. Request for proposals must be received prior to 4:00 PM (CST) on Wednesday, April 1st, 2009. Late submittals will not be considered. CHAPTER 1: GENERAL PROVISIONS Section 1J Title Subsection (A) TABLE OF CONTENTS CHAPTER 1: GENERAL PROVISIONS............................................................................5 1.1 Title.......................................................................................................................................... 5 1.2 Authority.................................................................................................................................. 5 1.3 Ordinance Purpose................................................................................................................... 5 (A) 5 1.4 Effective Date........................................................................................................................... 6 1.5 Applicability................................................................................. ............................................6 1.6 Relation to the Comprehensive Plan........................................................................................ 6 1.7 Relationship to Other Laws and Agreements........................................................................... 6 (A) Conflict with Other Public Laws, Chapters, Regulations, or Permits................................................................................................6 (B) Conflict with Private Agreements.......................................................7 (C) Conflict Between Standards in this Ordinance...................................7 1.8 Transitional Regulations.......................................................................................................... 8 (A) Purpose................................................................................................8 (B) Violations Continue............................................................................8 (C) Uses, Structures, and Lots Rendered Nonconforming ........................9 (D) Existing Legal Nonconformities.........................................................9 (E) Processing of Applications Commenced or Approved Under Previous Ordinances................................................................9 1.9 Severability............................................................................................................................ 10 (A) 10 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES..................................11 2.1 Purpose................................................................................................................................... 11 2.2 Summary of Decision Making and Review Bodies................................................................ 11 (A) Summary Table of Decision -Making and Review Bodies ...............11 (B) City Council......................................................................................12 (C) Planning Commission.......................................................................13 -ity of -Monticello Zoning Ordinance Page CHAPTER I: GENERAL PROVISIONS Section I.I Title Subsection (A) (D) Parks Commission............................................................................ 13 (E) Board of Adjustment and Appeals ................................................... 14 (F) Industrial and Economic Development Committee ......................... 15 (G) . Economic Development Authority (EDA) ....................................... 15 (H) Community Development Department ............................................ 15 2.3 Common Review Procedures & Requirements...................................................................... 16 (A) Applicability.....................................................................................16 23 (B) Authority to File Applications......................................................... 17 (C) Application Submission Schedule ................................................... 17 (D) Application Contents........................................................................ 17 (E) Application Acceptance................................................................... IS (F) Simultaneous Processing of Applications ........................................ 19 (G) Pre -application Conferences............................................................ 19 (H) Fees.................................................................................................. 19 (I) Public Notification........................................................................... 20 (J) Continuation of Public Hearings...................................................... 22 (K) Withdrawal of an Application.......................................................... 22 (L) Required Action Deadline................................................................ 22 (M) Environmental Review..................................................................... 22 (N) Reconsideration of Land Use Approval Applications ..................... 23 2.4 Specific Review Procedures & Requirements........................................................................ 23 (A) Comprehensive Plan Amendments .................................................. 23 (B) Zoning Ordinance Text and Zoning Map Amendments .................. 25 (C) Variances..........................................................................................27 (D) Conditional Use Permits.................................................................. 30 (E) Interim Use Permits......................................................................... 35 (F) Site Plan Applications...................................................................... 39 (G) Administrative Adjustments............................................................. 46 (H) Appeal of Administrative Decisions ................................................ 49 (I) Building Permits.............................................................................. 51 (J) Certificates of Occupancy................................................................ 52 Page 2 City of Monticello Zoning Ordinance CHAPTER 1: GENERAL PROVISIONS Section 1.1 Title Subsection (A) (K) Sign Permits......................................................................................53 (L) Temporary Use Permits....................................................................56 (M) Administrative Home Occupation Permits.......................................59 (N) Grading, Drainage and Erosion Control Permit................................62 (0) Driveway Permits..............................................................................66 (P) Planned Unit Developments.............................................................69 CHAPTER 3: ZONING DISTRICTS.................................................................................83 3.1 General Provisions................................................................................................................. 83 (A) Adoption of Zoning Map..................................................................83 (B) Types of Zoning Districts.................................................................83 (C) District Boundaries...........................................................................83 (D) Zoning Classifications for Newly Annexed Property ....................... 83 3.2 Districts Established............................................................................................................... 84 (A) Establishment of Base Districts........................................................84 (B) Establishment of Overlay Districts...................................................84 (C) Classification of Districts..................................................................85 (D) Organization of Base Zoning District Regulations ...........................85 (E) Diagrams and Photographs for Illustrative Purposes Only...............85 3.3 Common District Requirements............................................................................................. 85 (A) Building within Public Easements Prohibited..................................85 (B) Outlots...............................................................................................85 (C) Principal Buildings............................................................................85 (D) Common Yard and Height Requirements.........................................86 3.4 Residential Base Zoning Districts.......................................................................................... 89 (A) General Purpose................................................................................89 (B) Standards Applicable to All Residential Base Zoning Districts.............................................................................................89 (C) A -O: Agricultural Open Space District.............................................91 (D) R -A: Residential Amenities District.................................................93 (E) R-1: Single Family Residence District.............................................95 (F) R-2: Single and Two Family Residence District..............................97 City of Monticello Zoning Ordinance Page 3 CHAPTER 1: GENERAL PROVISIONS Section 1.1 Title Subsection (A) (G) T -N: Traditional Neighborhood Residence District ......................... 99 (H) R-3: Medium Density Residence District ...................................... 101 (I) M -H: Manufactured Home Park District ....................................... 103 3.5 Business Base Zoning Districts............................................................................................ 105 (A) General Purpose............................................................................. 105 (B) Standards Applicable to All Business Base Zoning Districts ........ 105 (C) Neighborhood Business District ..................................................... 107 (D) B-2: Limited Business District....................................................... 109 (E) B-3: Highway Business District ..................................................... 111 (F) Regional Business District............................................................. 113 (G) Central Community District........................................................... 115 3.6 Industrial Base Zoning Districts........................................................................................... 117 (B) General Purpose............................................................................. 117 (C) Standards Applicable to All Industrial Base Zoning Districts.......................................................................................... 117 (C) Industrial and Business Campus District ....................................... 119 (D) I-1: Light Industrial District........................................................... 121 (E) I-2: Heavy Industrial District......................................................... 123 3.7 Overlay Zoning Districts......................................................................................................125 (A) General Purpose............................................................................. 125 (B) Relationship to Base Zoning Districts ............................................ 125 (C) FP: Floodplain District.................................................................. 125 (D) Wetland District............................................................................. 151 (E) Shoreland District........................................................................... 161 (F) FBS: Freeway Bonus Sign District ............................................... 181 (G) DW: Drinking Water Supply Management Area .......................... 181 (H) Performance Based Enhancement District ..................................... 181 (1) CCD Residential Overlay District .................................................. 190 Page 4 City of Monticello'Zoning Ordinonce MNStatntes Section 462 CHAPTER 1: GENERAL PROVISIONS Section 1.3 Ordinance Purpose Subsection (A) CHAPTER 1: GENERAL PROVISIONS 1.1 Title The Ordinance shall be known as "Monticello Zoning Ordinance" except as referred to herein, where it shall be known as "this ordinance." [1-1]. 1.2 Authority This ordinance is enacted pursuant to the authority granted by the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.363. [1-9]. 1.3 Ordinance Purpose (A) This ordinance is adopted for the following purposes: (1) To implement the policies of the City's Comprehensive Plan. (2) To protect the public health, safety, and general welfare of the community and its people through the establishment of regulations governing development and use. [1-2] (3) To promote orderly development and redevelopment; [1-2] (4) To protect the established use areas; [1-2] (5) To provide adequate light, air, and convenience of access to property; [1-2] (6) To prevent congestion in the public right-of-way; [1-2] (7) To prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and allowed residential densities; [1-2] (8) To provide for compatibility of different land uses; [1-2] (9) To provide for administration and enforcement of this ordinance; [1-2] (10) To provide for amendments; [1-2] City of Monticello Zoning Ordinance Page 5 CHAPTER I: GENERAL PROVISIONS Section 1.7 Relationship to Other Laws and Agreements Subsection (A) Conflict with Other Public Laws, Chapters, Regulations, or Permits (11) To prescribe penalties for violation of such regulations; and [ 1-2] (12) To define powers and duties of the City staff, the Board of Adjustment and Appeals, the Planning Commission, and the City Council in relation to the Zoning Ordinance. [1-2] (B) In their interpretation and application, the provisions of this ordinance shall be held as the minimum requirements for the promotion of public health, safety, and welfare. [ 1-5] 1.4 Effective Date This ordinance shall be effective on and after <date ordinance is effective>. The adoption of this ordinance shall not be construed to confer any protected legal status on uses in existence prior to the effective date that did not conform to previous ordinance provisions. Uses that were illegal under previous ordinance provisions shall not be converted to a legal non- conforming use by reason of adoption of this ordinance. 1.5 Applicability This ordinance is applicable to all land located within the City both now and as may be incorporated in the future. The use of land and buildings or structures, and the construction, reconstruction, alteration, expansion, or relocation of buildings or structures shall conform to the provisions of this ordinance. [1-6 & 1-7] 1.6 Relation to the Comprehensive Plan It is the policy of the City of Monticello that the Comprehensive Plan is the City's guiding The Conan Plan is document for the regulation of land use and development. The enforcement, amendment, and viewable on the City accomplished with due consideration of the of t9onricella web administration of this ordinance is to be accom P site. recommendations contained in the Comprehensive Municipal Plan as developed and amended , from time to time by the Planning Commission and City Council of the City. [1-3]. ; 1.7 Relationship to Other Laws and Agreements (A) Conflict with Other Public Laws, Chapters, Regulations, or Permits (1) This ordinance is intended to complement other municipal, state, and federal regulations that affect land use. This ordinance is not intended to revoke or repeal any other public law, ordinance, regulation, or permit. Page 6 City of Monticelld Zoning Ordinance Section 3.7: Overlay Zoning Districts r , X3.4 Residential Base E Districts � E E , 3.5 Business Base Districts Section 8.2: Rules of Measurement Chapter 4: Finishing Standards CHAPTER 1: GENERAL PROVISIONS Section 1.7 Relationship to Other Laws and Agreements Subsection (C) Conflict Between Standards in this Ordinance (2) Where the provisions of this ordinance impose greater restrictions than those of any statute, other chapter or regulation; the provisions of this ordinance shall apply. [1-4] (3) Where the provisions of any statute, other chapter or regulation impose greater restrictions than this ordinance, the provisions of that statute, other chapter or regulation shall apply. [1-4] (B) Conflict with Private Agreements (1) The existence of any easement, covenant, or other private agreement with respect to property affected by this ordinance shall not affect the duty of any interested person to comply with this ordinance. (2) The City shall have no obligation to waive or modify the requirements of this ordinance to conform to private agreements, nor shall it be obligated to enforce such agreements. (C) Conflict Between Standards in this Ordinance (1) Controlling Standards In the event of conflict between one or more of the standards in this ordinance, priority shall be established based on the following descending hierarchy: (a) Overlay Zoning District Requirements; (b) Base Zoning District Requirements; (c) Section 8.2, Rules of Measurement; and (d) Chapter 4: Finishing Standards. (Example: if an overlay district standard conflicts with a base district standard, the overlay district standard shall control and take precedence). City of Monticello zoning Ordinance wz.g,: 7 CHAPTER I: GENERAL PROVISIONS Section 1.8 Transitional Regulations Subsection (8) Violations Continue (2) Conflicts Between Other Standards In cases where two or more standards conflict within the same hierarchy category identified in Section 1.7(C)(1) above, the more restrictive standard shall not necessarily control (for example, if two overlay zoning district requirements conflict, this subsection shall apply). The determination as to which control applies shall be made by the Community Development Department. The following standards shall govern the Community Development Department and the Board of Adjustment and Appeals in issuing use interpretations: (a) Greater consistency with the goals and objectives contained within the adopted Comprehensive Plan; (b) More supportive of the purposes of this ordinance as described in Section 1.3, Purpose; (c) Increased compatibility with adjacent development and surrounding community character; (d) Enhanced environmental quality and natural resource protection; (e) Greater protection and preservation of historic and cultural resources; and (f) A superior level of building form, design, or architecture. 1.8 Transitional Regulations (A) Purpose The purpose of transitional regulations is to resolve the status of properties with pending applications or recent approvals, and properties with outstanding violations, at the time of the adoption of this ordinance. (B) Violations Continue Any violation of previous versions of this ordinance shall continue to be a violation under this ordinance and shall be subject to the penalties and enforcement set forth in Chapter 7: Enforcement; unless the use, development, construction, or other activity complies with the provisions of this ordinance. , The Comp Plan is viewable on the City ofMonticello web site. Section 1.3: Purpose , , , , , , r , , , , , , , , , , , , , Chapter 7: Enforcement Page 8 City of Monticello Zoning Ordinance Chapter 6: Nonconfonnities CHAPTER 1: GENERAL PROVISIONS Section 1.8 Transitional Regulations Subsection, (E) Processing of Applications Commenced or Approved Under Previous Ordinances (C) Uses, Structures, and Lots Rendered Nonconforming Where any use, building, structure, or lot that legally existed on the effective date of this ordinance does not meet all standards set forth in this ordinance, such building, structure, lot or parcel shall be subject to the requirements of Chapter 6: Nonconformities. (D) Existing Legal Nonconformities Legal nonconforming lots of record and uses that existed on the effective date of this ordinance shall be controlled by Chapter 6: Nonconformities. (E) Processing of Applications Commenced or Approved Under Previous Ordinances (1) Pending Application (a) Any complete application that has been submitted or accepted for review, but upon which no final action has been taken by the appropriate decision making body prior to the effective date of this ordinance, shall be reviewed in accordance with the provisions of ordinances in effect on the date the application was deemed complete by the City. (b) An applicant with a pending application may waive the review available under the prior ordinance through a written letter to the Community Development Department, and instead request review under the provisions of this ordinance. (2) Approved Projects (a) Approved land use and other related actions by the City of Monticello authorized under the prior ordinance, including Building Permits that are valid on the effective date of this ordinance, shall remain valid until their expiration date, where applicable. (b) Projects with valid approvals or permits shall comply with the requirements of this ordinance where the standards will not materially affect the project. Where use of these standards would materially affect the project, the project shall be completed pursuant to the development standards in effect at the time of approval, provided that the permit or approval is valid and has not lapsed. City of Monticello Zoning Ordinance Page 9 CHAPTER 1: GENERAL PROVISIONS Section 1.9 Severability Subsection (A) (c) Any building or development for which a Building Permit was granted prior to the effective date of this ordinance shall be permitted to proceed as permitted or approved, even if such building or development does not conform to the provisions of this ordinance, as long as the Building Permit remains valid. (d) Building permits authorized in accordance with the ordinance existing prior to the effective date of this ordinance shall still be valid, but shall not be renewed if the permit expires. All future permits shall only be issued if in compliance with the requirements of this ordinance. 1.9 Severability (A) If any court of competent jurisdiction invalidates any provision of this ordinance, then such judgment shall not affect the validity and continued enforcement of any other provision of this ordinance. [ 1- I O(A)] (B) If any court of competent jurisdiction invalidates the application of any provision of this ordinance to a particular property, structure, or situation, then such judgment shall not affect the application of that provision to any other building, structure, or situation not specifically included in that judgment. [1-IO(B)] (C) If any court of competent jurisdiction rules invalid any condition attached to an approval under this ordinance, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment. (D) Whenever a condition or limitation is included in an administrative action authorizing regulatory activity, then it shall be conclusively presumed that the authorizing officer, commission, or board considered such condition or limitation necessary to carry out the spirit and intent of this ordinance, and that the officer, commission, or board would not have granted the authorization to which the condition or limitation pertained except in the determination that the condition or limitation was lawful. (E) No judgment of any court of competent jurisdiction shall be considered final until all appeals therefore have been exhausted. Page 10 City of Monticello Zoning Ordinance Table 2-1 Monticello City Code CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.2 Summary of Decision Making and Review Bodies Subsection (A) Summary Table of Decision -Making and Review Bodies CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES 2.1 Purpose The purpose of this chapter is to identify all decision-making bodies responsible for the review of applications, the common review requirements for all applications, and the specific requirements and review procedures for various application types. 2.2 Summary of Decision Making and Review Bodies (A) Summary Table of Decision -Making and Review Bodies (1) Table 2-1 summarizes the general review and decision-making responsibilities of the City entities that have roles in the procedures set forth in this chapter. Other duties and responsibilities of the entities are set forth in subsequent subsections of this chapter or elsewhere within the Monticello City Code. The City may require any and all review bodies to examine specific applications as deemed appropriate by the Community Development Department or City Council. (2) The City may request other boards, commissions, government agencies, and non- government agencies to review some applications as deemed appropriate prior to any final ruling on such applications. City of Monticello Zoning Ordinance Page I I CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.2 Summary of Decision Making and Review Bodies Subsection (B) City Council TABLE OF • OF AppealH = Hearing (Public Hearing Required) (Responsible = Recommendation (Responsible for Review = Will take action only if necessary for a specific Community Development IEDC & EDA Procedure Subsection Department [I] and a Recommendation) applicationR Park & Recreation Commission •BODIES Planning Commission ; City Council Board of Adjustment & Appeals Comp Plan Amendment 2.4(A) R H - R D Zoning Map/Text Amendment 2.4(B) R H - R D Variance 2.4(C) R A ; D Conditional Use Permit 2.4(D) R H - R D Interim Use Permit 2.4(E) R H - R D Site Plan Review 2.4(F) D A Administrative Adjustments 2.4(G) D A Administrative Appeal 2.4(H) R A D Building Permits 2.4(I) D A Certificates of Occupancy 2.4(]) D _ A Sign Permit 2.4(K) D A Temporary Use Permit 2.4(L) D A Home Occupation Permit 2.4(M) D A Grading Permit 2.4(N) D A Driveway Permit 2.4(0) D A Planned Unit Development 2.4(P) R H - R D Subdivisions City Code R R H- R D A [1]: Industrial & Economic Development Committee (IEDC) and the Economic Development Authority (EDA) (B) City Council In addition to any other authority granted to the City Council by the City Code or state City Code Title 1, Ch 5: City law, the City Council shall have the following powers and duties related to this Council ordinance: ; (1) To enact amendments to the Comprehensive Plan, the text of this ordinance, and Zoning Map. (2) To hear, review, and make decisions on all Land Use Applications submitted to the City. Page 12 City of Monticello Zoning Ordinance City Code Title 2, Ch 1: Planning Commission City Code Title 2, Ch 6.- Parks :Parks Commission CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.2 Summary of Decision Making and Review Bodies Subsection (D) Parks Commission (C) Planning Commission (1) Establishment, Membership, Rules and Procedures The establishment, membership, rules and procedures for the Planning Commission are established in Title 2, Chapter 1 of the City Code. (2) Powers and Duties In addition to any other authority granted to the Planning Commission by the City Code, the Planning Commission shall have the following additional powers and duties related to this ordinance: (a) Comprehensive Plan Amendments, Zoning Map Amendments, and Zoning Text Amendments (i) To initiate amendments to the Comprehensive Plan, the text of this ordinance, the Official Zoning Map (rezoning of property), or other sections of the Monticello City Code; and (ii) To hear, review, and make recommendations to the City Council on applications for amendments to the Comprehensive Plan, the text of this ordinance or zoning map amendments. (b) Land Use Applications To hear, review, and snake recommendations on the following Land Use Applications before the City: (i) Comprehensive Plan Amendment; (ii) Zoning Map Amendment; (iii) Zoning Chapter Text Amendment; (iv) Conditional Use Permit; (v) Interim Use Permit; and (vi) Planned Unit Development. (c) Other To exercise such other powers, and perform such other duties, as are reasonable or necessary as provided by law. (D) Parks Commission (1) Establishment, Membership, Rules and Procedures The establishment, membership, rules and procedures for the Parks Commission are established in Title 2, Chapter 6 of the City Code. City of Monticello Zoning Ordinance Page 13 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.2 Summary of Decision Making and Review Bodies Subsection (E) Board of Adjustment and Appeals (2) Powers and Duties In addition to any other authority granted to the Park Commission by the City Code, the Park Commission shall have the responsibility to review and make recommendations on park needs generated by new development. (E) Board of Adjustment and Appeals (1) Establishment The Board of Adjustment and Appeals is hereby established. (2) Membership The Planning Commission shall act as a Board of Adjustment and Appeals. [23-1] (3) Rules The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. [18-10(C)(1)] (4) Procedures Proceedings of the Board of Adjustment and Appeals by the Planning Commission shall be undertaken as a component of scheduled Planning Commission meetings. It shall not be necessary for the Planning Commission to adjourn and reconvene as the Board of Adjustment and Appeals to undertake such proceedings. (5) Powers and Duties The Board of Adjustment and Appeals shall have the following powers and duties related to this ordinance: (a) To consider applications for variances; and [18-10(C)(3)] (b) To hear appeals of administrative discretionary decisions made by the Community Development Department or other administrative official in carrying out or enforcing any provision of this ordinance. [18-10(C)(2)] Page 14 City of Monticello Zoning Ordinance City Code Title 2, Ch 10, Industrial & Economic Development Committee City Code Title 2, Ch 3: Economic Development Authority CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.2 Summary of Decision Making and Review Bodies Subsection (H) Community Development Department (F) Industrial and Economic Development Committee (1) Establishment, Membership, Rules and Procedures The establishment, membership, rules and procedures for the Industrial and Economic Development Committee are established in Title 2, Chapter 10 of the City Code. (2) Powers and Duties In addition to any other authority granted to the Industrial and Economic Development Committee by the City Code, the Industrial and Economic Development Committee shall have the responsibility to review and make recommendations on commercial and industrial land use applications when requested by the Community Development Department. (G) Economic Development Authority (EDA) (1) Establishment, Membership, Rules and Procedures The establishment, membership, rules and procedures for the Economic Development Authority are established in Title 2, Chapter 3 of the City Code. (2) Powers and Duties In addition to any other authority granted to the Economic Development Authority by the City Code, the Economic Development Authority shall have the responsibility to review and make recommendations on commercial and industrial land use applications when requested by the Community Development Department. (H) Community Development Department (1) General Authorization The Community Development Department, under the supervision of the City Administrator, shall administer the provisions of this ordinance as provided in this section. (2) Powers and Duties [21-2(c)] In addition to the jurisdiction, authority, and duties that may be conferred upon the Community Development Department by other provisions of the City Code, the Community Development Department shall have the following jurisdiction, powers, and duties under this ordinance: City of Monticello Zoning Ordinance Page 1-5 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (A) Applicability (a) Interpretations Render interpretations of all provisions of this ordinance, including, but not limited to, interpretations of the text of this ordinance; interpretation of the zoning map, and interpretation of the comprehensive plan. (b) Enforcement Enforce the provisions of this ordinance. [21-2] [21-2(e)] (c) Administer Ordinance Review, approve, conditionally approve or deny applications for Building Pen -nits and other administratively reviewed pen -nits or applications as may be required by this ordinance. [21-2(a)] [21-2(b)] (d) Application Tracking and Recommendations Review, monitor, and provide recommendations on applications requiring approval by the City Council or other governmental bodies as directed by the City Administrator. [21-2(d)] (e) Provide Expertise and Technical Assistance Provide expertise and technical assistance to the City Council and the City's commissions, boards, and other bodies. (f) Maintain the Zoning Map Update the City's official zoning map as it may be amended from time to time. (g) Recommendations on Procedures Review and provide comments or make recommendations to the appropriate decision-making and review body on the various procedures, requirements or appeals established by this ordinance. 2.3 Common Review Procedures & Requirements (A) Applicability The requirements of Section 2.3 shall apply to all applications subject to review under this ordinance unless otherwise stated. Pago 16 City ofMonticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (D) Application Contents (B) Authority to File Applications (1) Unless otherwise specified in this ordinance, applications may be initiated by: (a) The owner of the property that is the subject of the application; or (b) The owner's authorized agent; or (c) The City. (2) When an authorized agent files an application under this ordinance on behalf of a property owner, the agent shall provide a signed authorization from the fee title property owner stating that the property owner agrees to be bound by all decisions, agreements, and related conditions agreed to by such agent. (3) For all applications involving multiple owners, contract purchasers, etc; all such persons shall sign the application. (C) Application Submission Schedule The schedule for the submission of applications in relation to scheduled meetings of the decision-making bodies shall be maintained by the Community Development Department and made available to the public. (D) Application Contents (1) Organization and Copies The organization of applications and the number of copies of required information to be submitted shall be determined by the Community Development Department. (2) General Submittal Requirements All applications shall include: (a) A completed City of Monticello application form; (b) Verification of authority to file applications per the requirements of section 2.3(B); (c) Supporting title infonnation establishing ownership interests in the property (e.g. a title commitment and/or signature of fee title property owner); (d) All submittal requirements outlined in this ordinance for the specific application type; City of Monticello Zoning Ordinance Page 17 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (E) Application Acceptance (e) Electronic copies of all written narratives and plan sets required by the Community Development Department as part of the specific application. (f) The City may require applicants to submit such technical studies as may be necessary to enable the City to evaluate the application. Such studies may include, but not be limited to, traffic studies, engineering studies, environmental impact assessments, and economic impact reports. The costs of such studies shall be borne by the applicant with the persons or firms preparing the study approved by the City. (3) Submission of Fees ' Applications shall be accompanied b a fee as established b the Ci of Current Monticello pp 1� Y Y City Fee Schedule Monticello pursuant to the most recently adopted City of Monticello Fee Schedule. E) Application Acceptance (1) Complete Application Required MNStatute 15,99 The review and consideration of an application submitted under this section shall subdivision (.3)(a only occur if such application includes all items that are required in support of the application and is deemed complete by the Community Development Department. (2) Waiver of Application Requirements Except for the required application form and the associated fee, the Community Development Department may waive individual submittal requirements and deem an application complete for review if it is determined that such information will serve no purpose during the review process. However, it is the responsibility of the applicant to supply all information required by this ordinance, and a waiver issued by the Community Development Department shall not eliminate the need to provide such information at a later time if it is ultimately deemed necessary to adequately review the application. During the review process, failure of an applicant to supply information in a timely manner may result in denial of the application due to the City's inability to comply with state mandated time deadlines. Page 18 City of Monticello Zoning Ordinance Current Monticello Fee Schedade CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (H) Fees (F) Simultaneous Processing of Applications Whenever two or more forms of review and approval are required under this ordinance (e.g., a proposed rezoning and subdivision application), the applications for those approvals may, at the discretion of the Community Development Department, be processed simultaneously, so long as all applicable requirements are satisfied for all applications. (G) Pre -application Conferences (1) All prospective applicants shall be required to speak with a member of the Community Development Department prior to submitting an application in order to review the proposal and to determine the specific materials to be submitted with the future application. Failure of a prospective applicant to initiate a pre - application conference shall result in all application materials listed herein for the subject application being required prior to the application being deemed complete. (2) Discussions that occur during a pre -application conference are not binding on the City and do not constitute official assurances, representations or approvals by the City or its officials on any aspects of the plan or application discussed. (H) Fees (1) Determination of Fees Fees required to accompany applications submitted under this ordinance shall be in accordance with the approved fee schedule adopted yearly by the City Council. (2) Fees to be Paid No application shall be accepted until all applicable application fees have been paid. (3) Refund of Application Fee Application fees are not administratively refundable except when the Community Development Department determines that an application was withdrawn prior to any consideration or review of the application. [26-3] (4) Escrow Application fees may also require payment of an escrow in favor of the City. The required escrow amount shall be in accordance with the approved fee schedule adopted yearly by the City Council. S City of Monticello Zoning Ordinance Pae 19 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (1) Public Notification (5) Staff and/or Consultant Fee In order to defray the additional cost of processing applications submitted under this ordinance, all applicants shall pay the total cost of staff and/or consulting time spent exclusively in producing materials for the applicants request and all materials for said request. [26-2] (a) "Materials" shall include, but not be limited to, maps, graphs, charts, drawings, etc., and all printing and reproduction of same. [26-2(A)] (b) "Staff and/or Consulting Time" shall include any time spent in either researching for or actual production of materials. [26-2(B)] (e) The hourly rate for "staff and/or consulting time" shall be in accordance with the approved fee schedule adopted yearly by the City Council [26-2(C)] (I) Public Notification Applications requiring public notification shall be noticed in compliance with the following provisions. (1) Content Notices for public hearings, whether by publication or mailed notice, shall contain at a miniinum: (a) A bold title referring to the content of the notice. (b) Identification of the address or location of the property or properties subject to the application. (c) Date, Time, and Place of the Public Hearing. (d) Nature and Scope of the Application. (e) Where to View the Application. (f) Where the Public May be Heard. (g) Provision for Written Comments. The notice will describe where written comments will be received prior to the public hearing. (2) Timing of the Notice Unless otherwise expressly provided or required by law, all statutorily or code required notices shall be postmarked or published at least ten (10) days prior to the hearing or meeting at which the application will be considered. Page 20 City of Monticello* Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (1) Public Notification (3) Responsibilities (a) Published notice When the provisions of this ordinance require that notice be published, the Community Development Department shall be responsible for preparing the content of the notice and publishing the notice in the City's official newspaper. The content and form of the published notice shall be consistent with the requirements of Section 2.3(I)(1) and state law. (b) Written (mailed) notice. When the provisions of this ordinance require that written or mailed notice be provided, the Community Development Department shall be responsible for preparing and mailing the written notice per the requirements outlined in Table 2-2. Comprehensive Plan Amendment Zoning Map Amendment Variance Conditional Use Permit Interim_ Use Permit (new and CUP/IUP;Revocation Planned opments (4) Notice Construction All property owners within 350 feet All property owners within 350 feet All property owners within 350 feet All property owners within 350 feet All property owners within 350 feet Permittee/Landowner Only All property owners within 500 feet (a) The Community Development Department may use property tax records to determine the names and addresses of affected property owners. A copy of the notice and a list of the owners and addresses to which the notice was sent must be attested to by the Community Development Department and must be made a part of the records of the proceedings. (b) Minor defects in any notice shall not impair the notice or invalidate proceedings pursuant to the notice if a good faith attempt has been made to comply with applicable notice requirements. Minor defects in notice are errors that do not affect the substance of the notice (e.g., errors in a legal description, typographical or grammatical errors, errors of actual acreage, etc). Failure of a party to receive written notice shall not invalidate subsequent action. In all cases, however, the notification requirements and information specifying the time, date, and place of a hearing shall be strictly construed. City of Monticello Zonin. Ordinance Page 21 e CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.3 Common Review Procedures & Requirements Subsection (M) Environmental Review (c) When the records of the City document the publication, mailing, and posting of notices as required by this subsection, it shall be presumed that notice of a public hearing was given as required by this subsection. (,n 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 notice requirements of this chapter, provided that the continuance date is announced at the meeting. (K) Withdrawal of an Application A request for withdrawal of an application shall be submitted in writing with a signature to the Community Development Department. (L) Required Action Deadline All applications for land use approvals shall be approved or denied within timeframes required by applicable laws, regulation and the provisions of this ordinance in effect on the date the application was submitted. (M) Environmental Review (1) No development project shall be approved prior to review by the Community Development Department to determine the necessity for completion of an Environmental Assessment worksheet (EAW) or Environmental Impact Statement (EIS). Procedures for EAWs and EISs are set forth in the Minnesota Environmental Quality Review Board (EQB) regulations for the Environmental Review Program authorized by Minnesota Statute 116.D04 and I I6D.04S and specified in Minnesota Rules Parts 4410.0200 to 44410.7800. (2) Environmental reviews (EAWs and EISs) shall be conducted as early as practical in the processing of a development project. No decision on granting of a permit or other approval required may be issued until the EAW/EIS process is completed. Page 22 City of Monticello Zoning Ordinance COMPREHENSIVE PIAN AMENDMENT LZ DCI Section 2.3: Common Review Requirements CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (A) Comprehensive Plan Amendments (N) Reconsideration of Land Use Approval Applications No application for land use approval which has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six (6) months from the date of City Council action on the application, except where there is substantial new evidence or proof of a change in conditions with respect to such application. Before any such reconsideration, the City may require the submission of the appropriate application fee and the application may be considered as a new application. 2.4 Specific Review Procedures & Requirements (A) Comprehensive Plan Amendments (1) Purpose and Scope This section sets out the procedure to follow when considering a change to the Comprehensive Plan. (2) Initiation of Proceedings Proceedings for the amendment of the Comprehensive Plan shall be initiated by one of the following: (a) An owner of property or an authorized representative of an owner pursuant to Section 2.3(B), Authority to File Applications; (b) Recommendation of the Planning Commission; or (e) Action of the City Council. (3) Application (a) All applications to amend the Comprehensive Plan shall be in accordance with Section 2.3, Common Review Procedures & Requirements. (b) In addition to the common review requirements, applications for Comprehensive Plan amendments shall also include the following: (i) The name of the applicant; (ii) A narrative explaining the requested change and the reasons why the Comprehensive Plan should be amended per the request; (iii) The legal description of all real property proposed for change (if applicable); City of Monticello Zoning Ordinance Pa5:! G3 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (A) Comprehensive Plan Amendments (iv) The existing and proposed land use and zoning designations for all properties proposed to change (if applicable); (v) A map of the properties to be modified to a different land use category, showing the addresses and land uses for adjacent properties (if applicable); (vi) The proposed text and/or maps to be added, amended, or deleted from the Comprehensive Plan along with documentation as to the location of the text changes in the Comprehensive Plan, if applicable. (4) Review (a) Planning Commission Public Before an amendment is adopted, the Planning Commission shall hold at Section 2. oto cation Y P g Notification least one public hearing after proper notice has been issued in accordance , with Section 2.3(I). Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. The Community Development Department may forward an ; application to the City Council without a recommendation from the Planning ; Commission only if it is deemed necessary to ensure compliance with state 3 � mandated deadlines for application review. ; (b) City Council The City Council may hold a public hearing on the amendment if they deem such necessary or it is deemed necessary by the Community Development Department. After consideration of the Planning Commission recommendation and/or hearing, if applicable, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. Approval of an amendment shall require a majority vote of all members of the City Council except for amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial which will require the approval of four-fifths of all the members of the City Council. (5) Approval Criteria Recommendations and decisions on Comprehensive Plan amendments shall be based on consideration of the following criteria: (a) Whether the proposed amendment corrects an error or addresses the need resulting from some changing condition, trend, or fact arising since the adoption of the Comprehensive Plan; Page 24 City of Monticello Zoning Ordinance ZONING TEXT OR MAP AMENDMENT CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (B) Zoning Ordinance Text and Zoning Map Amendments (b) Whether the proposed amendment is consistent with the guiding principles of the Comprehensive Plan; (c) The extent to which the proposed amendment addresses a demonstrated community need; (d) Whether the proposed amendment will protect the health, safety, morals, and general welfare of the public; (e) The impacts on the natural and built environments, including air, water, noise, stormwater management, wildlife habitat, water quality, vegetation, drainage, streets, and other engineering design or environmental factors; (f) Whether the proposed amendment is compatible with existing and proposed uses surrounding the subject property; whether the proposed design and land uses are appropriate for the land; and whether the proposed amendment will maintain or improve compatibility among uses and ensure efficient development within the City; (g) Whether the proposed amendment will result in a logical, orderly and predictable development pattern; and (h) Whether the proposed amendment is consistent with the purpose of this ordinance. (B) Zoning Ordinance Text and Zoning Map Amendments (1) Purpose and Scope This section sets out the procedures to be followed in reviewing and considering a text change to this ordinance or an amendment to the zoning map with the exception of a map amendment to a planned unit development, which shall be subject to the procedures in Section 2.4(P), Planned Unit Development. (2) Initiation of Proceedings Proceedings for the amendment of the text of this ordinance or the zoning map shall be initiated by one of the following: (a) An owner of property or an authorized representative of an owner pursuant to Section 2.3(B), Authority to File Applications; [22-2] (b) Recommendation of the Planning Commission; or [22-2] City of Monticeilo Zoning Ordinance Page 25 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (B) Zoning Ordinance Text and Zoning Map Amendments (c) Action of the City Council. [22-2] (3) Application (a) All applications to amend the text of this ordinance or the zoning map shall be in accordance with Section 2.3, Common Review Procedures & Requirements. (b) In addition to the common review requirements, applications for changes to the text of this ordinance or the Zoning Map shall also include the following: (i) The name of the applicant; (ii) A narrative explaining the requested modification and the reasons why the changes are supported by the Comprehensive Plan; (iii) The legal description of all real property proposed for change, if applicable; (iv) The existing and proposed land use and zoning designations for all properties proposed for change, if applicable; (v) A map of the properties to be modified to a different zoning designation, showing the addresses and zoning designations for the subject properties and the adjacent properties, if applicable; (vi) The location of the proposed text to be added, amended, or deleted in this ordinance, if applicable. (4) Review (a) Planning Commission Before any amendment is adopted, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(I). Following the hearing, the Planning Commission shall adopt findings and recommendations on the proposed amendment as soon as practical. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. Section 2.3: Common Review Requirements ! I Section 2.3(l).- Public .3(Z):Public Notification 1 1 Page 26 City of Monticello'Zoning Ordinance k cadon CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section, 2.4 Specific Review Procedures & Requirements Subsection (C) Variances (b) City Council The City Council may hold a public hearing on the amendment if deemed necessary by the Community Development Department. After consideration of the Planning Commission recommendation and/or hearing, if applicable, the City Council may adopt the amendment or any part thereof in such form as it deems advisable. The amendment requires the approval of four-fifths of all the members of the City Council. (5) Approval Criteria Recommendations and decisions on zoning amendments shall be based on consideration of the following criteria: (a) Whether the proposed amendment corrects an error in the original text or map; or (b) Whether the proposed amendment addresses needs arising from a changing condition, trend, or fact affecting the subject property and surrounding area. (c) Whether the proposed amendment is consistent with achieving the goals and objectives outlined in the comprehensive plan. (C) Variances (1) Purpose and Scope The Variance process is intended to provide limited relief from the strict requirements of this ordinance in those cases where strict application of a particular requirement will create an unnecessary hardship due to circumstances unique to the individual property under consideration. It is not intended that Variances be granted to allow a use not permitted by the underlying zoning district, nor to merely remove inconveniences or financial burdens that the requirements of this ordinance may impose on property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission. (2) Initiation of Proceedings Variances shall be initiated by an owner of property or an authorized representative of an owner pursuant to Section 2.3(B), Authority to File Applications. City of Monticello zoning Ordinance Page 27 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (C) Variances (3) Application [23-6(A)] (a) All applications for a Variance shall be in accordance with Section 2.3, Common Review Procedures & Requirements. (b) In addition to the common review requirements, applications for a Variance shall also include the following: (i) A written narrative demonstrating that the criteria for a variance as set out in Section 2.4(C)(4)(a) have been met. (ii) A site plan of the property showing all information necessary to allow the City to detennine confonnance with all zoning provisions, and to calculate the specific variance being requested. Information shall include but not be limited to: 1. Property and structure dimensions; 2. Setback dimensions/measurements; 3. Parking and access locations and dimensions; (iii) If deemed necessary by the Community Development Department, a survey may be required to be submitted with the application in addition to a site plan. (4) Review (a) Variance Criteria [23-3] Approval of a Variance may only be made upon a determination that undue hardship will result based on all of the following criteria: (i) The property in question cannot be put to a reasonable use if the provisions of this ordinance are strictly applied. (ii) The circumstances rendering the property unusable are unique to the property. (iii) The circumstances rendering the property unusable were not created by the owner thereof. (iv) A Variance, if granted, will not alter the essential character of the locality (v) Economic considerations alone shall not constitute a sufficient basis for a Variance if reasonable use for the property exists under the terms of the regulation. , Section 2.3: Common Review Requirements , , , , , , , f , , , , A1NStatute 462.357 (6)(2) variances Page 28 City of Monticello Zoning Ordinance Section 2.3(1): Public Notification Section 2.4(H)(3)(c): Review [of appeals] by the City Council CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection /0 Vnrinnn-z (b) Board of Adjustment and Appeals [23-4] [23-6(B)] [23-6(E)] Before any variance is approved, the Board of Adjustment and Appeals shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(I). Following the hearing, the Board of Adjustment and Appeals shall consider the request(s) against the variance review criteria outlined in Section 2.4(C)(4)(a) and take action on the request(s). In approving a variance, the Board of Adjustment and Appeals may impose conditions on the approval as are deemed appropriate to ensure compliance with the approval and to protect adjacent properties. Denial of any request shall be accompanied by findings of fact at to how the request did not meet one or more of the review criteria. (c) Appeal of Variance Decision [23-6(G)] Decisions of the Board of Adjustment and Appeals are final unless the applicant files a written appeal outlining the basis for the appeal within five (5) business days of the decision. Variance appeals shall be reviewed by the City Council as outlined in Section 2.4(H)(3)(c) subject to the review criteria in Section 2.4(H)(4). (5) Effect of a Variance (a) The issuance of a Variance shall authorize only the particular variation that is approved by either the Board of Adjustment and Appeals or City Council. (b) A Variance, including any conditions, shall run with the land and shall not be affected by a change in ownership. (6) Subsequent Development Development authorized by the Variance shall not be carried out until the applicant has secured all other approvals required by this ordinance or any other applicable chapters or regulations. The granting of a Variance does not constitute, imply, or guarantee the granting of any other such required approval (i.e.: a building permit). (7) Time Limit [23-7] (a) Unless otherwise specified in the Variance, if a Building Permit has not been secured within six months of the date of the Variance approval, the Variance shall become invalid. Permitted timeframes do not change with successive owners. City of Monticello Zoning Ordinance Page 29 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (D) Conditional Use Permits (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (8) Amendment A Variance may be amended, extended, or modified only in accordance with the procedures and standards established for originally securing the variance. A request for a change in the conditions of approval of a Variance shall be considered an amendment and subject to the full review procedure set forth in this subsection. An additional application fee may be required before consideration of the amendment request. (D) Conditional Use Permits (1) Purpose and Scope The Conditional Use Pen -nit process is intended to provide the City with an opportunity to review a proposed use in order to establish reasonable conditions necessary to ensure compatibility between the proposed location and use and surrounding properties. Approval of a conditional use at a location within a zoning classification does not mean the same conditional use can be conducted on any other parcel with the same specificzoning classification. Every application for a CUP will be individually reviewed on its own merits, and the facts surrounding the subject property will determine the appropriateness of the proposed use. [22-3A)] (2) Initiation of Proceedings A request for a Conditional Use Permit shall be initiated by an owner of property or an authorized representative of an owner pursuant to Section 2.3(B), Authority to File Applications. [22-1(A)] (3) Application [22-1(A)] (a) All applications for a Conditional Use Permit shall be in accordance with Section 2.3, Common Review Requirements. (b) In addition to general review requirements, applications for a Conditional Use Permit shall also include the following: (i) A written narrative which includes: 1. A description of the proposed conditional use, how it will function on the property, hours of operation (if applicable), and any other information necessary to fully describe the request; and CONDITIONAL USE Commercial & o Industrial Rquests ; E E E � E � 1 E Section 2.3: Common Review Requirements Page 30 City of Monticello'Zoning Ordinance i Sec 4.8, Off-street Parking Sec 4.9, Off-street Loading Sec 4.1(D), Landscape Plan Requirements Sec 4.10(C), Grading Plan Requirements Sec 2.4(K)(3)(b), ! ! a i i i I CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (D) Conditinnnl IkP PPrmitc 2. An explanation of how the proposed conditional use will meet each of the criteria set forth in Section 2.4(1))(4)(a), as well as any additional criteria that may apply for the specific use as listed in Chapter 5. (ii) A location map showing the general location of the proposed use within the community and the principal land uses surrounding the parcel on which the conditional use is proposed; (iii) 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: 1. Site plan. drawn to scale showing parcel and existing topography; 2. Location of all existing and proposed buildings and the size of each (including square footage); 3. Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks; 4. Natural features such as woodlands, wetlands, shorelines, etc; 5. Landscaping and screening plans, including species and size of trees and shrubs proposed; 6. Proposed finished grading and drainage plan sufficient to drain and dispose of all surface water accumulated; 7. Type of business or activity and proposed number of employees; 8. Proposed floor plan and elevations of any building with use indicated; 9. Proposed outdoor storage spaces (if applicable); 10. Signage plan. (iv) If deemed necessary by the Community Development Department, a survey may be required to be submitted with the application in addition to or in lieu of a site plan. (v) Color profile elevation drawings of new structures to illustrate the proposed visual appearance of new construction. (vi) Any other inforination that may be reasonably required by the City to evaluate the application. City of Monticello'Loning Ordinance PagW 31 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (D) Conditional Use Permits (4) Review (a) Conditional Use Permit Criteria [22-1(D)] Approval of a Conditional Use Permit application requires that the City find that conditions can be established to ensure that all of the following criteria will always be met: (i) The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; (ii) The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; (iii) The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; (iv) The conditional use will not pose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; (v) The conditional use can provide adequate parking and loading spaces, and all storage on the site can be done in conformance with City code requirements; (vi) The conditional use will not result in any nuisance including but not limited to odor, noise, or sight pollution; (vii) The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines; and all erosion will be properly controlled; (viii) The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. (b) Planning Commission [22-1(H)] [22-1(I)] Before any Conditional Use Pen -nit is considered, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(I). Following the hearing and subsequent discussion on the merits of the proposal, the Planning Commission shall adopt findings and recommendations on the general conditional use permit review criteria outlined in Section 2.4(D)(4)(a) and any specific criteria outlined for the specific use in Chapter 5. Recommendations for approval may include such conditions as are deemed necessary to ensure compliance with each of the Conditional Use Pen -nit review criteria. Denial recommendations shall be supported by findings of fact as to why the permit request was denied. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. Section 5.2: Use - Specific Standards Section 5.3(D): Specific Standards for Certain Accessory Uses Section 2.3(1): Public Notification Page 32 City of Monticello .Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (D) Conditional Use Permits (c) Industrial and Economic Development Committee Conditional use permits in commercial or industrial areas may, at the discretion of the Community Development Department, be placed before the Industrial and Economic Development Committee for review and recommendation. (d) City Council [22-1(J)] [22-1(K) part I] Upon receiving the recommendations of the Planning Commission, the City Council shall consider the request against the Conditional Use Pen -nit review criteria outlined in Section 2.4(D)(4)(a) and take action on the request(s). In approving a Conditional Use Permit, the City Council may impose conditions on the approval as are deemed appropriate to ensure compliance with each of the Conditional Use Permit review criteria. Denial of any request shall be accompanied by findings of fact as to why the requested permit can not be approved. (5) Reasonable Conditions [22-1(K) part 2] In approving a CUP, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the conditional use pen -nit review criteria. (6) Effect of a Conditional Use Permit Approval (a) The issuance of a Conditional Use Permit shall authorize only the improvements approved by the City Council. (b) A Conditional Use Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership. (7) Subsequent Development Development authorized by the Conditional Use Permit shall not be carried out until the applicant has secured all other approvals required by this ordinance or any other applicable ordinances or regulations. The granting of a Conditional Use Permit does not constitute, imply, or guarantee the granting of any other such required approval (i.e. a building permit). City of Monticello Zoning Ordinance . Page 33 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (D) Conditional Use Permits (8) Time Limit [22-3(C)] (a) Unless otherwise specified in the Conditional Use Permit, the operation of the use and/or issuance of building permits for permitted structures shall begin within six months of the date of the Conditional Use Permit approval. Failure to do so will invalidate the Conditional Use Permit. Pennitted timeframes do not change with successive owners. (b) Upon written request, one extension of up to one year may be granted by the Community Development Department if the applicant can show good cause. (c) If a use operating pursuant to an approved conditional use permit is discontinued for a period of at least six months, any further use of the property shall conform to the requirements of this ordinance. A discontinued conditional use shall not begin operations again without first obtaining approval of a new conditional use permit. (9) Revocation In the event that any of the conditions set forth in the permit are violated, the City Council shall have the authority to revoke the conditional use permit. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with Section 2.3(I). Following the hearing and subsequent discussion, the City Council may revoke the CUP by adopting findings of fact showing there has not been substantial compliance with the required conditions. (10) Amendments A Conditional Use Permit may be amended or modified only in accordance with the procedures and standards established when originally securing the conditional use permit. A request for a change in the conditions of approval of a Conditional Use Permit shall be considered an amendment and subject to the full review procedure set forth in this subsection. An additional application fee may be required before the consideration of the amendment request. Page 34 City of Monticello'Zoning Ordinance INTERIM USE awaPFRM)T [)eveinpment Depattnteut Review/ Recummct an Corurr,rr�aul .t; tn,ttrstrruf Rque.,ts Review/ Rec. pUF—rr HEARING P lanning fnmmissi - Recomntcuclatiun . Citi Titin` D :LIMN CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (E) Interim Use Permits (E) Interim Use Permits (1) Purpose and Scope The purpose and intent of allowing interim uses is: (a) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. [22-3(A)(1)] (b) To allow a use that is presently judged acceptable by the City Council but that, with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. [22-3(A)(2)] (c) To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the comprehensive plan provided that said use maintains hannony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. [22-3(A)(3)] (2) Initiation of Proceedings A request for an Interim Use Permit shall be initiated by an owner of property or an authorized representative of an owner pursuant to Section 2.3(B), Authority to File Applications. [22-3(B)(2)] (3) Application (a) All applications for an Interim Use Permit shall be in accordance with Section 2.3, Common Review Requirements. (b) In addition to general review requirements, applications for an Interim Use Pen -nit shall also include the following: (i) A letter from the applicant explaining the proposal and stating the date or event that will terminate the use; (ii) A location map showing the general location of the proposed use within the community and the principal land uses surrounding the parcel on which the interim use is proposed; (iii) 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: City of Monticello Zoning Ordinance Pa 35 Section 2.3: Common Review Requirements r t , f , , , , , r , , CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (E) Interim Use Permits (E) Interim Use Permits (1) Purpose and Scope The purpose and intent of allowing interim uses is: (a) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. [22-3(A)(1)] (b) To allow a use that is presently judged acceptable by the City Council but that, with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. [22-3(A)(2)] (c) To allow a use which is reflective of anticipated long-range change to an area and which is in compliance with the comprehensive plan provided that said use maintains hannony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. [22-3(A)(3)] (2) Initiation of Proceedings A request for an Interim Use Permit shall be initiated by an owner of property or an authorized representative of an owner pursuant to Section 2.3(B), Authority to File Applications. [22-3(B)(2)] (3) Application (a) All applications for an Interim Use Permit shall be in accordance with Section 2.3, Common Review Requirements. (b) In addition to general review requirements, applications for an Interim Use Pen -nit shall also include the following: (i) A letter from the applicant explaining the proposal and stating the date or event that will terminate the use; (ii) A location map showing the general location of the proposed use within the community and the principal land uses surrounding the parcel on which the interim use is proposed; (iii) 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: City of Monticello Zoning Ordinance Pa 35 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (E) Interim Use Permits 1 1 1. Site plan drawn to scale showing parcel and existing topography; Sec 4.8, Off-street 2. Location of all buildings and the size of each, including square Parking footage; Sec 4.9, Off-street, 3. Curb cuts, driveways, access roads, parking spaces, off-street loading Loading! areas, and sidewalks; Sec 4.1(D),' Landscape Plan; 4. Natural features such as woodlands, wetlands, shorelines, etc; Requirements: 5. Landscaping and screening plans, including species and size of trees Sec 4.1 o(C), Grading and shrubs proposed; Plan Requirements 6. Proposed finished grading and drainage plan sufficient to drain and Sec 2.4(K)(3)(b), dispose of all surface water accumulated; Sign Plan; Requirements: 7. Type of business or activity and proposed number of employees; S. Proposed floor plan and elevations of any building with use indicated; 9. Proposed outdoor storage spaces (if applicable); 10. Signage plan. ; (iv) If deemed necessary by the Community Development Department, a survey may be required to be submitted with the application in addition to t , or in lieu of a site plan. 1 , ' t , (v) A signed consent agreement, provided by the City of Monticello, 1 agreeing: t t 1. That the applicant, owner, operator, tenant and/or user has no ; entitlement to future re -approval of the Interim Use Permit; F t 2. That the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the ; 1 future; and ` , 3. That the applicant, owner, operator, tenant and/or user will abide by conditions of approval that the City Council attaches to the Interim t � Use Permit. 3 ' (vi) Any other information that may be reasonably required by the City to ; 1 evaluate the application. ; t , t (4) Review 1 1 i 1 1 (a) Interim Use Permit Criteria 1 � ` 1 � 1 1 Approval of an Interim Use Permit application requires that the City find that ; conditions can be established to ensure all of the following criteria will ; i always be met: 1 t t (i) The use is allowed as an interim use in the respective zoning district and conforms to standard zoning regulations. [22-3(C)(2)(c)] 1 i , t t 1 i y 1 � Page 36 City of Monticello'Zoning Ordinance 0 Consent Agreement (PDF) N Section 5.2: Use - Specific Standards Section 5.3(D): Specific Standards for Certain Accessory Uses Section 2.3(I): Public Notification City of Monticello CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (E) Interim Use Permits (ii) The use will not adversely impact nearby properties through nuisance, noise, traffic, dust, odor, or unsightliness and will not otherwise adversely impact the health, safety, and welfare of the community. (iii) The use will not adversely impact implementation of the comprehensive plan. (iv) The date, event, or change in circumstances that will terminate the use is identified with certainty. [22-3(C)(2)(d)] (v) The applicant has signed a consent agreement stating that the applicant, owner, operator, tenant and/or user has no entitlement to future re - approval of the Interim Use Permit as well as agreeing that the interim use will not impose additional costs on the public if it is necessary for the public to fully or partially take the property in the future. [22-3(C)(2)(e)]_ (vi) The applicant agrees to all conditions that the City Council deems appropriate to allow the use including the requirement of appropriate financial surety to cover the cost of removing the interim use and any interim structures upon the expiration of the interim use permit. [22- 3(C)(2)(fll (vii) There are no delinquent property taxes, special assessments, interest, or City utility fees due upon the subject parcel. (viii) The interim use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. [22-3(C)(2)(b)] (b) Planning Commission Before any Interim Use Permit is considered, the Planning Commission shall hold at least one public hearing after proper notice has been issued in accordance with Section 2.3(1). Following the hearing and subsequent discussion on the merits of the proposal, the Planning Commission shall adopt findings and recommendations on the general interim use permit review criteria outlined in Section 2.4(E)(4)(a) and any specific criteria outlined for the specific use in Chapter 5. Recommendations for approval may include such conditions as are deemed necessary to ensure compliance with each of the Interim Use Permit review criteria. Denial recommendations shall be supported by findings of fact as to why the permit request was denied. The Community Development Department may forward an application to the City Council without a recommendation from the Planning Commission only if it is deemed necessary to ensure compliance with state mandated deadlines for application review. Ordinance P re 37 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (E) Interim Use Permits (c) Industrial and Economic Development Committee Interim use permits in commercial or industrial areas may, at the discretion of the Community Development Department, be placed before the Industrial and Economic Development Committee for review and recommendation. (d) City Council Upon receiving the recommendations of the Planning Commission, the City Council shall consider the request against the Interim Use Permit review criteria outlined in Section 2.4(E)(4)(a) and take action on the request(s). In approving an Interim Use Permit, the City Council may impose conditions on the approval as are deemed appropriate to ensure compliance with each of the Interim Use Permit review criteria. Denial of any request shall be accompanied by findings of fact at to how the request did not meet one or more of the review criteria. (5) Reasonable Conditions In approving an Interim Use Permit, the City may adopt and impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Interim Use Permit review criteria. (6) Effect of an Interim Use Permit Approval (a) The issuance of an Interim Use Permit shall authorize only the improvements and use approved by the City Council as an interim use over the specified timeframe. (b) An Interim Use Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership. (7) Termination An interim use shall be terminated and removed for any of the following reasons, whichever occurs first: [22-3(D)] (a) The date, event or circumstances stated in the permit. [22-3(D)(1)] (b) Upon violation of conditions under which the permit was issued. [22-3(D)(2)] (c) Upon change in the City's zoning regulations which renders the use nonconforming. [22-3(D)(3)] Page 38 City of Monticello Zoning Ordinance Section 2.3(1): Public Notification MN Statutes. Chapter 14 APp*p oq Applicant Disagrees' with Decision Section 2.4(hi) CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (d) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. [22-3(D)(4)] (8) Revocation The City Council may revoke an Interim Use Permit upon finding that any of the conditions set forth in the permit are violated. Before the revocation is considered, the City Council shall hold at least one public hearing after proper written notice has been issued in accordance with Section 2.3(1). Following the hearing and subsequent discussion, the City Council may revoke the IUP by adopting findings of fact showing there has not been substantial compliance with the required conditions. (9) Amendments All requested amendments to an existing interim use permit shall be processed in the same manner as a new application. (10) Renewal All renewals of an existing interim use pen -nit shall be processed in the same manner as a new application. (F) Site Plan Applications (1) Purpose and Scope The City Council declares it necessary and appropriate to require site plan approval of development in certain zoning districts to preserve and promote attractive, well-planned, stable urban conditions. Site plan approval by the Community Development Department must be obtained before a building permit is issued in order to ensure the following: (a) A proposed project's compatibility with the area environment and with other existing land uses and buildings in the surrounding area. (b) The quantity, quality, utility, size, and type of a proposed project's required open space and proposed landscaping improvements. (c) The ability of a proposed project's traffic circulation system to provide for the convenient and safe internal and external movement of vehicles and pedestrians. City of Monticello 'Zoning Ordinance Page 39 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (d) The quantity, quality, utility, size, and type of a proposed project's required community facilities. (e) The location and adequacy of a proposed project's provision for drainage and utilities. (f) Security, fire protection, and life/safety issues. (2) Applicability (a) Unless exempted pursuant to Section 2.4(F)(3) below, Site Plan review shall be required for all residential and nonresidential development (including changes to required parking areas, proposed changes to outside commercial sales or storage areas, etc) prior to the issuance of a Building Permit or other approval. (b) The Community Development Department is authorized to review and approve, approve with conditions, or deny Site Plan reviews in accordance with the procedures and standards of this section. (3) Exemptions The following may be exempted from Site Plan review: (a) Detached residential uses (i.e. single family homes). (b) Residential accessory buildings or other similar structures as determined by the Community Development Department. (c) The internal construction or change in floor area of a development that does not increase gross floor area, increase the intensity of use, or affect parking requirements on a site that meets all development and site design standards of this ordinance. (d) Temporary uses. (e) Any building exempted by state statute. (f) Additions to existing buildings, structures or uses, if, in the opinion of the Community Development Department, such addition does not substantially affect the proposed or current development of adjacent or nearby properties. Page 40 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications f , t , t , f , ' (4) Initiation f , t , Section 2.3: Common An application for Site Plan review may be initiated by the property owner or Review Requirements other person with authority to file an application pursuant to Section 2.3(B), i i Authority to File Applications. (5) Application (a) All applications for Site Plan review shall be in accordance with Section 2.3, Common Review Requirements. City of Monticello Zoning Ordinance pLlc (b) In addition to the common application requirements of Section 2.4(F)(5)(a) above, applications for site plan review shall also include at least the following to be considered complete (except as exempted by the Community Development Department). All documents shall be prepared by a registered land surveyor, registered professional engineer, or other qualified professional f , t as directed by the Community Development Department. , (i) Name of the project; a i (ii) Name, address and telephone number of applicant, engineer, architect, f t , surveyor and owner of record; f f (iii) Legal description; f , (iv) Date proposed, north arrow, engineering scale, number sheets and naive f rawer; , � f (v) Vicinity map showing relationship of the development to surrounding i f streets, rights -of- way and the like; f , i (vi) Description of intended use of site, buildings, structures, including type of occupancy and occupancy load; (vii) Tabulation box, indicating the following: t ' 1. Size of parcel in acres and square feet; 2. Gross floor area of each building; t ` f , , 3. Percent of site covered by impervious surface; t , � 4. Projected number of employees; F ' Section 4.8: Off - S. Number of seats if intended use is a restaurant or place of assembly; Street Parking 6. Number of parking spaces required; Requirements 7. Number of parking spaces provided, including handicapped; 8. Dimension of parking spaces and aisles; , 9. Existing zoning and land use designations; and 10. Area of public open space (if applicable). City of Monticello Zoning Ordinance pLlc CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Suhsection M Site Plan MMications (viii) Property line dimensions, location of all existing and proposed structures with distance from boundaries, distance between structures, building dimensions and floor elevations within proposed site plan boundary shown and to a distance of 150 feet beyond; (ix) Topographic data within the property to be subdivided and 200 feet beyond the property boundary, showing contours as follows: 1. All areas of the proposed area with a slope greater than 25% must be clearly indicated: 2. Two -foot contours where slope is 7% or less; 3. Two -foot contours where slope is from 7% to 15%; and 4. Ten -foot intervals where slope is greater than 15%. (x) Grading, drainage and erosion control plan prepared by a registered Section 4.10:' professional engineer, providing all information outlined in Section 4- Grading Plan Requirements 10(C). (xi) Utility plans prepared by a registered professional engineer consisting of the following: 1. Location, size and grades of all existing sanitary sewer, water main, hydrants and storm sewer on site or adjacent to for proposed ; connection; 2. Location of all existing gas mains, electric and phone cables, light poles, power boxes and the like; 3. Location, size, grades and materials for all proposed public sanitary sewer, water main, hydrants and storm sewer; 4. Supplemental calculations for trunk sanitary sewer and water main, if required by the Community Development Department; 5. Supplemental storm sewer computation sheet verifying capacities and volumes for all pipe segments, if required by the Community Development Department; and 6. Existing and proposed drainage and utility easements. (xii) Street plans prepared by a registered professional engineer showing the following: 1. All existing and proposed points of ingress/egress; 2. Widths at property lines; 3. Turning radii abutting right-of-way; 4. Center line, paving width, existing and proposed median and curb cuts and intersection of streets and driveways; and 5. Access alignment and grades. Page 42 City of Monticello Zoning Ordinance Section 4.1(D): Landscape Plan Requirements 4 , 1 1 1 Section 4.1(1)(5):1 Rooftop Screening (Section 2.4(K)(3)(b): Sign Plan Requirements Section 4.4: Exterior Lighting City Code Title 11, Chapter 1: Subdivision Code CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (l:) Site Plan Applications (xiii) Vehicular circulation system showing location and dimension for all driveways, parking spaces, parking lot aisles, service roads, loading areas, fire lanes, emergency access, if necessary, public and private streets, alleys, sidewalks, bike paths, direction of traffic flow and traffic control devices; (xiv) Landscape plan prepared by a qualified professional providing all information outlined in Section 4.1(D); (xv) Location, access and screening detail of large trash handling and recycling collection areas in compliance with the requirements of Section 5.3(D)(31); (xvi) Building elevations (colored renderings) which detail the materials being used; (xvii) Location and screening detail of roof top equipment; (xviii) Location and detail of signage providing all pertinent information outlined in Section 2.4(K)(3)(b) as determined by the Community Development Department; (xix) Lighting location, style and mounting and light distribution plan; (xx) Project narrative; and (xxi) Any other information that may be reasonably required by the City to evaluate the application including but not limited to 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: (i) Whether the proposed development is consistent with all the requirements of this ordinance and the City Code; (ii) Whether the proposed development is in compliance with the applicable zoning district and overlay districts; (iii) Whether the proposed development is in compliance with other City approved planning documents (e.g. Downtown Revitalization Plan); and (iv) Whether the proposed development meets all the requirements or conditions of any applicable development approvals. City of Monticello Zoning Ordinance Page 43 CHAPTER 2. APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (b) Site Plan Review Process (i) Upon receiving a complete application for site plan review, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements. The Community Development Department may be assisted in conducting site plan reviews by representatives from other City departments or divisions. (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(F)(6)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A notice of site plan approval shall be provided to the applicant that includes all conditions, comments, and recommendations. (iii) Applications not conforining with the approval criteria outlined in Section 2.4(F)(6)(a) shall be denied by the Community Development Department. A notice of site plan denial shall be provided to the applicant that includes all identified reasons for denial. (7) Effect of Site Plan Approval (a) The approval of a site plan by the Community Development Department does not in any way guarantee future approval of other applications that may be required by the regulations of the City (e.g. a Building Permit, Certificate of Occupancy, subdivision approval, conditional use approval, etc). (b) A Site Plan approved by the Community Development Department, including any conditions, shall run with the land and shall not be affected by a change in ownership. (8) Subsequent Development Development authorized by a Site Plan approval shall not be carried out until the applicant has secured all other approvals required by this ordinance or any other applicable regulations. Such permits and approvals shall only be granted once all conditions of the site plan review and all relevant portions of this ordinance are met. (9) Time Limit (a) Unless otherwise specified in the Site Plan approval, an application for a Building Permit shall be applied for must receive 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. Page 44 City of Monticello Zoning Ordinonc Section 2.4(H): Administrative Appeals CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (F) Site Plan Applications (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (10) Amendments of an Approved Site Plan (a) Requested amendments that involve one of the following shall be reviewed as a new site plan application: (i) The density of the development is to be increased; (ii) The gross square footage of nonresidential buildings is to be increased or the number of stories is to be increased; (iii) Approved landscaping elements are to be modified; (iv) Required open space is to be modified; (v) Drainage, streets, or other engineering design changes will materially alter items approved in the Site Plan; and/or (vi) Major changes are proposed that could potentially create an adverse impact on stormwater quality, stonnwater quantity management, or other stormwater management ordinance requirements. (b) Requested Site Plan amendments that do not fall into one of the categories outlined in Section 2.4(F)(10) above may be approved by the Community Development Department if it is determined that the requested change will NOT: (i) Substantially affect the terms of the original approval; and (ii) Result in significant adverse impacts on the surrounding properties or the City at -large. (c) If, in the opinion of the Community Development Department, a proposed change will substantially affect the terms of the original approval or would result in significant adverse impacts on the surrounding properties or the City at -large, then a re -submittal of a new site plan may be required pursuant to the provisions of this chapter. (11) 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 Section 2.4(H). City of Monticello Zoning Ordinance Page 4 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (G) Administrative Adjustments (G) Administrative Adjustments (1) Purpose and Intent This purpose and intent of this section is to provide an administrative mechanism for allowing permitted minor variations, or adjustments, to building setback or landscape buffer standards of this ordinance based on specific standards, with the intent of providing relief where application of a standard creates practical difficulties in allowing development that otherwise advances the purposes served by this ordinance and is compatible with surrounding lands. (2) Authority The Community Development Department is authorized to review and approve, approve with conditions, or deny administrative adjustments to building setback or landscape buffer standards of this ordinance in accordance with the procedures and standards of this section. (3) Applicability (a) Administrative adjustments for building setbacks shall only be considered on properties exclusively zoned for residential use. (b) Administrative adjustments for landscape buffers may be considered on all properties. (4) Maximum Adjustment (a) No adjustment shall reduce a building setback by more than 15 percent up to a maximum of five (5) feet. (b) No adjustment shall reduce a required landscape buffer to less than five (5) feet. (5) Initiation An application for an administrative adjustment may be initiated by the property owner or other person with authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (6) Application (a) All applications for an administrative adjustment shall be in accordance with Section 2.3, Common Review Requirements. ADMINISTRATIVE ADJUSTMENT Section 2.3: Common Review Requirements i r t t Page 46 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (G) Administrative Adjustments (b) In addition to the common application requirements of Section 2.4(G)(6)(a) above, applications for an administrative adjustment shall also include at least the following to be considered complete (except as exempted by the Community Development Department): (i) A written narrative demonstrating that the criteria for an administrative adjustment as set out in Section 2.4(G)(7)(a) have been met. (ii) A survey of the property showing all information necessary to support the request in light of the review criteria set out in Section 2.4(G)(7)(a). (7) Review (a) Administrative Adjustment Review Criteria Decisions on an administrative adjustment shall be based on consideration of the following criteria: (i) The requested administrative adjustment shall not exceed the maximum adjustment permitted by section 2.4(G)(4) of this ordinance; (ii) The requested administrative adjustment is consistent with the character of development in the surrounding area, and will not result in incompatible uses; (iii) Any adverse impacts from the requested administrative adjustment will be mitigated to the maximum extent practicable; (iv) The requested administrative adjustment is either: Required to compensate for some unusual aspect of the site or the proposed development that is not commonly shared by all landowners in general; or 2. Supporting an objective or goal from the purpose and intent statements of the zoning district where located; or 3. Proposed to save healthy existing trees. (v) The requested administrative adjustment will not substantially interfere with the convenient and enjoyable use of adjacent lands, and will not pose a danger to the public health or safety. (b) Administrative Adjustment Review Process (i) Upon receiving a complete application for an administrative adjustment, the Community Development Department shall review the plans to determine their conformance to all ordinance requirements. City of Monticello Zoning Ordinance nage i7 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (G) Administrative Adjustments (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(G)(6)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A notice of an administrative adjustment approval shall be provided to the applicant which includes all conditions, comments, and recommendations. (iii) Applications not conforming with the approval criteria outlined in Section 2.4(G)(6)(a) shall be denied by the Community Development Department. A notice of administrative adjustment denial shall be provided to the applicant which includes all identified reasons for denial. (8) Reasonable Conditions In approving an Administrative Adjustment, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements. (9) Effect of an Administrative Adjustment Approval (a) The approval of an administrative adjustment by the Community Development Department does not in any way guarantee future approval of other applications that may be required by the regulations of the City (e.g. a Building Permit, Certificate of Occupancy, subdivision approval, conditional use approval, etc). (b) An administrative adjustment approved by the Community Development Department, including any conditions, shall run with the land and shall not be affected by a change in ownership. (10) Subsequent Development Development authorized by an administrative adjustment approval shall not be carried out until the applicant has secured all other approvals required by this ordinance or any other applicable regulations. Such permits and approvals shall only be granted once all conditions of the administrative adjustment and all relevant portions of this ordinance are met. (11) Time Limit (a) Unless otherwise specified in the administrative adjustment approval, an application for a Building Permit shall be applied for must receive approval within six months of the date of the administrative adjustment approval, otherwise the administrative adjustment shall become invalid. Permitted timeframes do not change with successive owners. Page 48 City of Monticello'Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (H) Appeal of Administrative Decisions (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (12) Amendment An administrative adjustment may be amended, extended, or modified only in accordance with the procedures and standards established for originally securing the administrative adjustment. (13) Appeal The applicant for an administrative adjustment may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). ADMINISTRATIVE (H) Appeal of Administrative Decisions APPEAL (1) Purpose and Scope This subsection sets out the procedure to follow when a person claims to have been aggrieved or affected by an administrative decision made under this ordinance. (2) Initiation of Proceedings w (3) Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the Community Development Department or other administrative official of the City charged with the administration or enforcement of this ordinance. Procedure Board Decision to (a) Submission of Appeal (Application) [23-6(A)] the City Council , (i) An Appeal pursuant to this subsection shall be initiated by filing a , written appeal of the administrative decision or determination within 10 business days of the date of the order, decision, determination, or f F interpretation with the Community Development Department or other administrative official from whom the Appeal is taken. , (ii) All applications for an appeal shall be in accordance with Section 2.3, Common Review Requirements. F , F 3 , i F ' City of Monticello'2oning Ordinance page 49 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (H) Appeal of Administrative Decisions (b) Review by the Board of Adjustment and Appeals (i) Upon receiving the written Appeal of the administrative decision or determination, the Community Development Department shall place the matter on the next available agenda of the Board of Adjustment and Appeals. [23-6(B)] (ii) A report prepared by the Community Development Department which is accompanied by all relevant papers, documents, and other materials relating to the order, decision, determination, or interpretation shall be provided to the Board of Adjustment and Appeals prior to the meeting. These materials shall constitute the record of the appeal. [23-6(E)] (iii) Following review of the appeal, the Board of Adjustment and Appeals shall adopt findings of fact and make a decision on the appeal. [23-5] (iv) Decisions of the Board of Adjustment and Appeals are final unless the appellant files a second written appeal outlining the basis for the appeal within five (5) business days of the decision. [23-6(G & H)] (c) Review by the City Council [23-6(I)] (i) Upon receiving a second written appeal of the decision rendered by the Board of Adjustment and Appeals, the Community Development Department shall place the matter on the next available agenda of the City Council. (ii) Materials constituting the record of appeal from the Board of Adjustment and Appeals review shall be provided to the City Council for examination prior to the meeting. (iii) Following review of the appeal, the City Council shall review and decide on the appeal in accordance with this chapter and state law. (4) Review Criteria An order, decision, determination, or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision, determination, or interpretation fails to comply with either the procedural, substantive requirements, or intent of this ordinance or state law. [23-3] (5) Conditions The City Council may impose conditions upon their decision to ensure that the requirements and purposes of this ordinance are followed. Page 50 City of Monticello Zoning Ordinance phut al71Y1iii6Tt73TiY App cant Disagrees with Decision Section 2.4(11) International Residential Code Section R105.2: WorkExemptfrom permit CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (I) Building Permits (I) Building Permits (1) Purpose This section establishes when obtaining a building permit is required, how it will be reviewed, what surveys may be required to track construction, and how unauthorized work will be handled. (2) In General (a) No person, firm, or corporation shall erect, alter, construct, enlarge, expand, repair, move, improve, convert, demolish, equip, use, occupy, or maintain any building, structure, or portion thereof, within the City of Monticello until proper permits have been issued by the Community Development Department. (b) No building permit or other permit pertaining to the use of land or buildings shall be issued unless such building is designed and arranged to conform to the provisions of this ordinance. (3) Exemptions Building permits shall not be required for those structures and improvements specifically exempted by the adopted building code as may be amended. (4) Surveys Required (a) Every application for building permit shall be accompanied by a certified site survey (excluding interior remodels, re -roofs, re -siding and general maintenance) at a scale and in quantities deemed necessary by the Community Development Department. Because the survey will be used to determine an application's conformance with City Code, it shall be the responsibility of the applicant to ensure information provided on the survey corresponds to submitted building plans (including existing and proposed topography). An issued building pen -nit shall authorize only land alterations identified on the survey. Surveys shall include all information as deemed necessary by the Community Development Department to provide for the enforcement of this ordinance. [3-2(C)(1)J City of Monticello Zoning Ordinance }" g0 5 1 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Snhsertion (1) Certificates of Occupancy (b) All new structures shall provide to the City an as -built foundation survey upon completion of work to the foundation unless exempted by the Community Development Department. The as -built foundation survey shall certify both the final setbacks of the structure being built, and the elevations at which the new structure exists. Failure to provide a foundation survey upon foundation completion will result in the builder continuing with construction at his/her own risk. Expenditures incurred beyond the construction of the foundation will not be considered in determining the actions required to bring the building back into conformance if not built to approved plans. The foundation survey shall be on-site before the framing inspection is done and approved by the building official. (c) All new structures shall provide to the City an as -built grading survey upon completion of work unless exempted by the Community Development Department. The as -built grading survey shall certify the final topography of the site and verify the drainage patterns existing upon completion of work. The City reserves the right to withhold the Certificate of Occupancy for a dwelling until final grading addresses all problems that may be detrimental to adjacent properties. (5) Review The Community Development Department shall review all building permit applications for conformance to ordinance requirements. [21-2(a)] (6) Unauthorized Work Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in Section 7.6 of this ordinance. Structures being built out of conformance shall be brought into conformance. (.n Certificates of Occupancy . (1) Purpose This section establishes the requirement for City approval prior to the use or occupation of new buildings or structures, or prior to a change in use within an existing structure. Issuance of a certificate of occupancy signifies that the building or structure complies with all code requirements. CERTIFICATE OF OCCUPANCY applicant Disagrees` with Decision Section 2.4(H) Page 52 City of Monticello'Zoning Ordinance 14,51 Complete Application N ea O Non Applicant Wsagrees with Decision Section 2.4(11) All sign requirements can be found in Section 4.5: Signs Section 2.3: Common Review Requirements CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Speck Review Procedures & Requirements Subsection (K) Sign Permits (2) Required (a) No building or structure hereafter erected or moved, or that portion of an existing structure or building erected or moved, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Community Development Department stating that the building or structure complies with all provisions of this ordinance. [24-1 & 24-3] (b) No change in use of an existing building or structure shall occur until a certificate of occupancy shall have been issued by the Community Development Department stating that the building or structure complies with all provisions of this ordinance. (3) Application A certificate of occupancy shall be applied for coincident with an application for a building permit or prior to a proposed change in use. [24-2] (4) Issuance A certificate of occupancy will be issued within ten (10) days after the Community Development Department shall have completed a final inspection and found the building or structure conforming to all code requirements. [24-2] (K) Sign Permits (1) Purpose and Scope This subsection sets out the procedures to follow when requesting a sign permit. (2) Initiation of Proceedings A request for a Sign Permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (3) Application (a) All applications for a Sign Permit shall be in accordance with Section 2.3, Common Review Requirements. (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): [3A -4(C)] { City of Monticello 'Zoning Ordinance Page 53 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (K) Sign Permits (i) Names and addresses of the applicant, owners of the sign and lot. [3A - 4(C)(1)] (ii) The address(es) at which the sign(s) are to be erected. [3A -4(C)(2)] (iii) The lot, block and addition at which the signs are to be erected and the street on which they are to front. [3A4(C)(3)] (iv) Type and size of sign (e.g., wall sign, pylon sign). [3A -4(C)(4)] (v) A site plan (or survey if required by the Community Development Department) which is to scale showing the location of lot lines, building structures, parking areas, existing and proposed signs and any other physical features. [3A -4(C)(5)] (vi) Plans, location and specifications and method of construction and attachment to the buildings or placement method on the ground. [3A - 4(C)(6)] (vii) Copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this and all other laws and ordinances of the City, if required. [3A -4(C)(7)] (viii) Written consent of the owner or lessee of any site on which the sign is to be erected. [3A -4(C)(8)] (ix) Any electrical permit required and issued for the sign. [3A -4(C)(9)] (x) A detailed description of any electronic or electrical components that are proposed to be added to the sign. [3A -4(C)(10)] (xi) If the proposed sign is a sandwich board sign to be located in the CCD District, the owner of the sign shall provide a certificate of general liability insurance with minimum coverage of three hundred thousand dollars ($300,000.00) naming the City as an additional insured for the sign to be located upon the public right-of-way within the CCD, Central Community District. [3A-5(G)(7)(a)] (xii) Other information to demonstrate compliance with this and all other ordinances of the City. [3A -4(C)(11)] (4) Review (a) Sign Review Criteria Approval of a Sign Permit application shall be based on the following criteria: (i) Whether the proposed sign is consistent with all the requirements of this ordinance and any other City Code requirements; (ii) Whether the proposed sign is in compliance with the applicable zoning district and overlay district regulations; and Page 54 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (K) Sign Permits (iii) Whether the proposed sign meets all the requirements or conditions of any applicable development approvals or agreements. (b) Sign Review Process (i) The Community Development Department will review all sign permit requests. (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(K)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments. (iii) Applications not conforming with the approval criteria outlined in Section 2.4(K)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial. (5) Reasonable Conditions In approving a sign permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with a sign permit review criteria. (6) Effect of a Sign Permit Approval (a) The issuance of a Sign Permit shall authorize only the installation or replacement of signage approved by the Community Development Department. (b) A Sign Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership. (7) Time Limit (a) Failure to install the approved signage within six months of the date of approval will invalidate the permit. (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (8) Amendments All requested amendments to an existing sign permit shall be processed in the same manner as a new application. City of Monticello Zoning Ordinance Page 55 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (L) Temporary Use Permits (9) Appeal The applicant for a Sign Permit may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). (L) Temporary Use Permits TEMPORARY USE P RM11 (1) Purpose and Scope This subsection sets out the procedures to follow when requesting a Temporary Use permit. (2) Initiation of Proceedings A request for a Temporary Use Permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (3) Application (a) All applications for a Temporary Use Permit shall be in accordance with with Section 2.3, Common Review Requirements. (b) In addition to general review requirements, applications for a Temporary Use Permit shall also include at least the following to be considered complete i (except as exempted by the Community Development Department): .Section 2.3: Connnon (i) A written narrative which includes: Revietiv Requirements 1. A description of the proposed temporary use, how it will function on the property, hours and dates of operation, and any other infonnation ; necessary to fully describe the request; and 2. An explanation of how the proposed temporary use will meet each of the criteria set forth in Section 2.4(L)(4)(a), as well as any additional criteria that may apply for the specific use as listed in Chapter 5. (ii) A site plan of the property showing all information necessary to accurately depict how the proposed use will function on the site. Information required on the site plan shall include but not be limited to: 1. The location of all existing and proposed structures; 2. Driveways and parking areas; 3. Proposed storage spaces; 4. Natural features such as woodlands, wetlands, shorelines, etc; 5. Proposed number of parking spaces (if applicable). Page 56 City of Monticello'Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (L) Temporary Use Permits (iii) Any other information that may be reasonably required by the City to evaluate the application. (4) Review (a) Temporary Use Permit Review Criteria Approval of a Temporary Use Permit shall only be granted once the Community Development Department has determined the use shall: (i) Not be detrimental to property or improvements in the surrounding area or to the public health, safety, or general welfare; (ii) Be compatible with the principal uses taking place on the site; (iii) Not have substantial adverse effects or noise impacts on nearby residential neighborhoods; (iv) Not include permanent alterations to the site; (v) Not maintain temporary signs associated with the use or structure after the activity ends; (vi) Not violate the applicable conditions of approval that apply to a site or use on the site; (vii) Not interfere with the normal operations of any permanent use located on the property; and (viii) Contain sufficient land area to allow the temporary use, structure, or special event to occur, as well as adequate land to accommodate the parking and traffic movement associated with the temporary use, without disturbing environmentally sensitive lands. (b) Temporary Use Permit Review Process (i) The Community Development Department will review all Temporary Use Permit applications. (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(L)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments. (iii) Applications not conforming with the approval criteria outlined in Section 2.4(L)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial. City of Alor&cello honing Ordinance Page 57 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (L) Temporary Use Permits (5) Reasonable Conditions In approving a Temporary Use Permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements. (6) Effect of a Temporary Use Permit Approval (a) The issuance of a Temporary Use Permit shall authorize only the specific temporary use approved by the Community Development Department over the specified timeframe. (b) A minimum of ninety (90) days shall be required between the expiration of a Temporary Use Permit and the issuance of another Temporary Use Permit on the same site for an identical or similar use as determined by the Community Development Department. (7) Time. Limit No permit shall authorize a temporary use for more than the allowable duration specified in Table 5-8 for the specific temporary use. (8) Amendments and Withdrawals (a) All requested amendments to a Temporary Use Permit shall be processed in the same manner as a new application. (b) Amendments may not alter the allowed timeframe for a temporary use if the temporary use authorized under an existing permit has already begun. (c) Approved temporary use permits may be withdrawn by the applicant prior to the temporary use beginning to avoid the ninety (90) day between temporary uses requirement in Section 2.4(L)(6)(b). (d) Approved permits for temporary uses that have already begun cannot be withdrawn. (9) Appeals The applicant for a Temporary Use Permit may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). Table 5-8: Temporary Uses Page 58 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (M) Administrative Home Occupation Permits (M) Administrative Home Occupation Permits HOME OCCUPATION eERMI (1) Purpose and Scope This subsection sets out the procedures to follow when requesting an Administrative Home Occupation Permit. (2) Initiation of Proceedings A request for an Administrative Home Occupation Permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. • (3) Application Applicant Disagrees (a) All applications for an Administrative Home Occupation Permit shall be in with Decision accordance with Section 2.3, Common Review Requirements. Section 2.4(H) I (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 � F t , Department): Section 2.3: Common (i) A narrative regarding the home occupation which addresses the following Review Requirements issues: t 1. How many employees will be working at the home occupation site; o 2. What activities will be occurring in conjunction with the home based t occupation (i.e. office work, customer visits, sales, stock storage, etc); 3. Vehicle related issues (e.g. will there be a vehicle(s) used in ' conjunction with the business? Will the business require any non- r standard deliveries to the site? Where will customers park? etc). , s 4. A calculation of the square footage within structures to be used by the ' t , home occupation. F f (ii) A site plan showing in general how the home occupation will operate on the site. The site plan should show (as applicable): i t , 1. All buildings to be used by the home occupation; 2. Proposed outdoor storage areas; 3. Proposed parking areas for vehicles and/or customers; See 4.5, Suns 4. Proposed sign location(s) in conformance with sign regulations; 5. Any proposed alterations to buildings to accommodate the home t ; occupation; City of Monticello Zoning Ordinance Page 59 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (M) Administrative Home Occupation Permits 6. Any proposed features necessary to hide visible evidence of the home ; occupation from either the public right-of-way or adjacent properties ; (e.g. plantings, screening fences, etc). ' (4) Review (a) Administrative Home Occupation Review Criteria ; Approval of an Administrative Home Occupation Permit shall be based on the following criteria: ; (i) The home occupation shall meet all of the general requirements for home Section 5.3(D)(15): Home Occupations occupations in Section 5.3(1))(15)(d); (ii) The home occupation shall meet all of the general requirements specific to administrative home occupations in Section 5.3(1))(15)(f); (b) Administrative Home Occupation Review Process (i) The Community Development Department will review all Administrative Home Occupation Permit applications. (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(M)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments. (iii) Applications not conforming with the approval criteria outlined in Section 2.4(M)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial. (5) Reasonable Conditions In approving an Administrative Home Occupation Permit, the Community Development Department may impose such reasonable conditions and requirements as deemed necessary and appropriate to ensure continued compliance with ordinance requirements. (6) Effect of an Administrative Home Occupation Permit Approval (a) The issuance of an Administrative Home Occupation Permit shall authorize only the activities and uses approved by the Community Development Department. Page 60 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (M) Administrative Home Occupation Permits (b) An Administrative Home Occupation Permit, including any conditions, shall run with the land and shall not be affected by a change in ownership. [3- 11(C)(5)] (c) The initial Administrative Home Occupation Permit for a property may be issued for a period of one (1) year. [3-11(C)(4)] (d) Renewals of existing Administrative Home Occupation Pen -nits may be issued for periods of up to three (3) years at the discretion of the Community Development Department upon consideration of the operation as observed by staff and the level of complaints made about the home occupation. [3- 11(C)(4)] (e) An applicant shall not have a vested right to a permit renewal by reason of having obtained a previous permit. In applying for and accepting a permit, the permit holder agrees that his monetary investment in the home occupation will be fully amortized over the life of the permit and that a permit renewal will not be needed to amortize the investment. Each application for the renewal of a permit will be reviewed without taking into consideration that a previous permit has been granted. The previous granting or renewal of a permit shall not constitute a precedent or basis for the renewal of a permit. [3- 11(C)(8)] (7) Time Limit [3-11(C)(6)] (a) Failure to begin the approved home occupation within six months of the date of approval will invalidate the permit. (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (8) Amendments All requested amendments to an Administrative Home Occupation Permit shall be processed in the same manner as a new application. (9) Appeal The applicant for an Administrative Home Occupation Permit may appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). City of Monticello Zoning Ordinance Page 61 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (N) Grading, Drainage and Erosion Control Permit (N) Grading Drainage and Erosion Control Permit (1) Purpose This section establishes when a grading, drainage and erosion control permit ("Grading Pen -nit") is required, how it will be reviewed, information required with the application, and how unauthorized work will be handled. Requiring a Grading Permit enables the City to protect the public by ensuring that erosion does not endanger water resources or unnecessarily require extra maintenance of sewers and ditches and/or the dredging of lakes and ponds. A Grading Permit promotes the public welfare by guiding, regulating, and controlling the design, construction, use, and maintenance of any development or other activity that disturbs or breaks the topsoil or results in the movement of earth on land in Monticello. (2) In General A Grading Penult shall be required for land -disturbing activity that would require the uncovering or distributing of material in excess of any of the following measurements: [33-3(A)] (a) 5000 square feet. [33-3(A)(1)] (b) 400 cubic yards undeveloped land, or 40 cubic yards developed land. [33- 3(A)(2)] (e) Within 200 feet of a waterway or surface water(s). [33-3(A)(3)] (3) Exceptions (a) No Grading Permit is required for land disturbances under the amounts specified in Section 2.4(N)(2), or for the following activities: [33-3(B)] (i) Any emergency activity that is immediately necessary for the protection of life, property or natural resources. [33-3(B)(1)] (ii) General establishment of new construction lawns, or the addition of four (4) or fewer inches of topsoil. [33-3(B)(2)] (iii) Existing nursery and agricultural operations conducted as a permitted main or accessory use. [33-3(B)(3)] (b) In the case of grading specific to and in conjunction with a single Building Pennit, a separate Grading Permit is not required. (i) The Building Permit shall be reviewed and serve as the Grading Pen -nit. [33-3(C)(5)] All gracting requirements can be found in Section 4.10: Grading, Drainage, and & Erosion Control Page 62 City of Monticello"Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (N) Grading. Drainage and Erosion Control Permit (ii) The individual lot permittee shall be required to provide a letter of credit or other security deemed acceptable by the City with the building permit application. [33-3(D)(2)] 1. The security shall cover City costs for street sweeping, installation, maintenance and repairs to erosion control measures. The bond will be in an amount as specified by the current City ordinance for fee schedule. Said security shall be provided prior to the release of the Grading Permit. [33-3(D)(2)(a)] 2. The security shall be released after turf is established as specified in the City Design Guidelines and Plan Requirements Manual, and the turf establishment is inspected by the City of Monticello and deemed to be approved. [33-3(D)(2)(b)] (4) Application (a) All applications for a Grading Permit shall be in accordance with Section 2.3, Common Review Requirements. (b) In addition to general review requirements, applications for a Grading Permit shall also include at least the following to be considered complete (except as exempted by the Community Development Department): (i) Each application shall bear the name(s) and address(es) of the owner or developer of the site, and of any consulting Finn retained by the applicant together with the name of the applicant's principal contact at such firm. [33-3(C)(1)] (ii) A Grading, Drainage and Erosion Control Plan meeting the requirements of Section 4.10(C). Each application shall include the required number of plans and other required materials as specified by the Community Development Department. [33-3(C)(3)] (iii) The application form shall include a statement by the applicant that any land clearing, construction, or development involving the movement of earth shall be in accordance with the approved Grading, Drainage and Erosion Control Plan. [33-3(C)(4)] (iv) The permittee will be required to file with the City of Monticello an irrevocable, automatically renewing letter of credit, or other improvement security in the amount specified by the current City ordinance for fee schedule. This security shall be in addition to the required non- refundable filing fee as specified by City Ordinance, which shall be submitted under separate payment. [33-3(D)(1)] City of Monticello zoning Ordinance Page 63 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Suhsection !M Grading. Drainage and Erosion Control Permit 1. The security shall cover all costs of engineering and inspection, site improvements, street sweeping, repairs to erosion control measures, and maintenance of improvements for such period as specified by the City of Monticello. Said security shall be provided prior to the release of the Grading Permit. [33-3(D)(1)(a)] 2. Security shall be released after final stabilization is complete, erosion control measures have been removed and their removal area inspected by the City of Monticello and deemed to be approved. [33-3(D)(1)(b)] (c) The City of Monticello requires complete application no less than fifteen (15) working days in advance of the desired Grading Permit release date. [33-3(E)] (5) Review (a) Grading Permit Review Criteria Approval of a Grading Permit shall be based on the following criteria: (i) Whether the proposed Grading Permit is consistent with all the requirements of Section 4.10 and any other City Code requirements; (ii) Whether the proposed Grading Permit is in compliance with all engineering standards adopted by the City; (iii) Whether the proposed Grading Permit is in compliance with any previous approvals for the facility (e.g. grading for additional parking previously approved by a conditional use permit). (b) Grading Permit Review Process (i) The Community Development Department shall review all Grading Permit applications. (ii) Applications determined to conform with the approval criteria outlined in Section 2.4(N)(5)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the approved permit shall be provided to the applicant which includes all conditions and comments. [33-3(E)(1)] & [33-3(E)(2)] (iii) Applications not confonning with the approval criteria outlined in Section 2.4(N)(5)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial. [33-3(E)(3)] Page 64 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (N) Grading, Drainage and Erosion Control Permit (6) Reasonable Conditions In approving a Grading Permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the Grading Permit review criteria and other city ordinances. (7) Effect of Grading Permit Approval The issuance of a Grading Permit shall authorize only the changes approved by the Community Development Department as depicted by the application materials. (8) Time Limit (a) Failure to complete the authorized grading within six months of the date of approval will invalidate the permit. (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (9) Amendments All requested amendments to an existing Grading Permit shall be processed in the same manner as a new application. (10) Unauthorized Work Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in Section 7.6 of this ordinance. Driveways or parking lots being built out of conformance shall be brought into conformance. (11) Appeal The applicant for a Grading Permit my appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). [33-3(E)(4)] City of Monticello Zoning Ordinance Page 65 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Driveway Permits (0) Drivewav Permits (1) Purpose This section establishes when a driveway permit is required, how it will be reviewed, information required with the application, and how unauthorized work will be handled. Requiring a driveway permit enables the City to inspect work done within the right-of-way, protect the public by setting and enforcing construction standards and ensure proper pavement construction. (2) Initiation of Proceedings A request for a driveway permit shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (3) In General (a) A driveway permit shall be required for the installation, repair, expansion, reconfiguration or resurfacing of any driveway or parking lot intended for use by more than three vehicles. (b) A driveway permit shall only be issued after the Community Development Department determines the proposed plan sets adhere to the City's adopted engineering standards. (4) Application (a) All applications for a driveway permit shall be in accordance with Section 2.3, Common Review Requirements. (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): (i) A written narrative providing the following information: 1. The legal description, address, and owners name of the premises involved; 2. The date on which the proposed improvement is proposed to be commenced; 3. The name; address, and contact information for the contractor being hired to complete the proposed improvements. FITMaWMay1milly Page 66 City of Montic: Ilo'Zoning Ordinonce CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Qrivev.,oy Permits (ii) 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: 1. Lot dimensions; 2. Lot area in square feet; 3. Location of all existing buildings, landscaping, screening and natural features as directed by the Community Development Department (including but not limited to woodlands, wetlands, shorelines, and individual trees which may be impacted by the proposed driveway or parking lot construction); 4. Location of the existing driveway (if applicable), the proposed driveway and the square footage of each; 5. Location of existing public sidewalks and trails; 6. Calculation of the existing and proposed impervious surface coverage on the lot; 7. Identify existing and proposed curb types specifically calling out proposed changes to existing facilities. (iii) For new construction and expansions, an erosion control plan shall be submitted. (5) Review (a) Driveway Permit Review Criteria Approval of a driveway permit shall be based on the following criteria: (i) Whether the proposed driveway permit is consistent with all the requirements of this ordinance and any other City Code requirements; (ii) Whether the proposed driveway permit is in compliance with all engineering standards adopted by the City; (iii) Whether the proposed driveway permit is in compliance with any previous approvals for the facility (e.g. adding parking as previously approved by a conditional use permit). (b) Driveway Permit Review Process (i) The Community Development Department shall review all driveway permit applications. (ii) Applications determined to conforin with the approval criteria outlined in Section 2.4(0)(4)(a) shall be approved by the Community Development Department with any conditions deemed necessary. A copy of the City of Monticello Zoning Ordinance Page 67 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (0) Driveway Permits approved permit shall be provided to the applicant which includes all conditions and comments. (iii) Applications not conforming with the approval criteria outlined in Section 2.4(0)(4)(a) shall be denied by the Community Development Department. A notice of denial shall be provided to the applicant which includes all identified reasons for denial. (6) Reasonable Conditions In approving a driveway permit, the Community Development Department may impose such reasonable conditions and requirements as it deems necessary and appropriate to ensure continued compliance with the driveway permit review criteria. (7) Effect of Driveway Permit Approval The issuance of a Driveway Permit shall authorize only the changes approved by the Community Development Department as depicted by the application materials. (8) Time Limit (a) Failure to complete driveway or parking lot improvements within six months of the date of approval will invalidate the permit. (b) Upon written request, one extension of six months may be granted by the Community Development Department if the applicant can show good cause. (9) Amendments All requested amendments to an existing driveway permit shall be processed in the same manner as a new application. (10) Unauthorized Work Work done without the authorization of a permit and/or found to be out of conformance with approved plans shall be immediately halted and subject to the remedies and penalties described in Section 7.6 of this ordinance. Driveways or parking lots being built out of conformance shall be brought into conformance. (11) Appeal The applicant for a Grading Permit my appeal the decision of the Community Development Department to the Board of Adjustment and Appeals per Section 2.4(H). [33-3(E)(4)] Page 68 City of Monticello Zoning Ordinance PLANNED UNIT DEVELOPMENT Requests Requiting Park Dedication CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (P) Planned Unit Developments (1) Purpose and Intent The purpose of the Planned Unit Development (PUD) zoning district is to provide greater flexibility in the development of neighborhoods and non-residential areas in order to maximize public values and achieve more creative development outcomes while remaining economically viable and marketable. This is achieved by undertaking a collaborative process that results in a development outcome exceeding that which is typically achievable through the conventional zoning district. If a development proposal does not demonstrate significant public value benefits above and beyond those achievable under a conventional zoning district, the City reserves the right to deny the PUD rezoning and direct the developer to re -apply under the standard applicable zoning district. (2) Initiation of Proceedings Applications for a PUD shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (3) Reflection on the Official Zoning Map (a) PUD provisions provide an optional method of regulating land use which permits flexibility in allowed uses and other regulating provisions. In some circumstances, however, rules and regulations governing the underlying zoning district may apply within the PUD. As such, approval of a Planned Unit Development and execution of a PUD agreement shall require the property in question be rezoned to PUD, but the denotation on the official zoning map shall also illustrate the underlying zoning district. Once a PUD has been granted and is in effect for a parcel, no building permit shall be issued for that parcel which is not in conformance with the approved PUD Plan, the current Minnesota State Building Code and all associated documents, and with all other applicable City Code provisions. (b) All PUD rezonings approved prior to the effective date of this ordinance shall retain their zoning classifications of R -PUD, and shall continue to be governed by the ordinance and resolutions which created these areas. (4) Permitted Locations for PUD rezoning (a) A rezoning to PUD may be requested for any residential or commercially zoned area. City of Monticello Zoning Ordinance Page 69 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (b) PUDs are prohibited in the industrial districts. (5) Minimum PUD size Rezonings to PUD will not be considered for areas less than 8 acres of land in single ownership or control, except in the following circumstances: (a) Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features; (b) The land is intended to be developed in accordance with a prior PUD adjacent to or across the street from the subject property; or (c) The PUD process is desirable to ensure compatibility and careful consideration of the effect of a development on surrounding land uses. (d) The proposal is in the CCD in which case there shall be no minimum land area requirement. (6) Permitted Uses Within PUDs Uses within a PUD shall be governed by the ordinance establishing the PUD and by the conditions, if any, imposed by the City in the approval process and PUD documents. If a specific use is not established or addressed by a PUD ordinance, said use shall be governed by the underlying zoning district regulations. (7) Expectations of a Development Seeking a Rezoning to PUD The provisions of this section are intended to achieve the following public values within a PUD zoning district and associated subdivision: (a) Ensure high quality construction standards and the use of high quality construction materials; (b) Promote a diversity of housing styles which include features such as side or rear loaded garages, front porches, varying roof pitches, and four sided architecture/articulation; (c) Eliminate repetition of similar housing types by encouraging a housing mixture which separates the same/similar model of homes by a minimum of two lots; (d) Promote aesthetically -pleasing design which fosters a sense of place within the neighborhood and appears attractive and inviting from surrounding parcels; Page 70 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (e) Incorporate extensive landscaping in excess of what is required by code; (f) Provide high-quality park, open space, and trail opportunities that meet or exceed the expectations established in the Comprehensive Plan; (g) Provide a convenient and efficient multi -modal transportation system to service the daily needs of residents at peak and non -peak use levels, with high connectivity to the larger community. (h) Minimize the extent of the development footprint and impervious surfaces to the extent possible to reduce initial infrastructure costs and long-term maintenance and operational costs; (i) Maximize the use of ecologically -based approaches to stormwater management, restore or enhance on-site ecological systems, and protect off- site ecological systems including the application of Low Impact Development (LID) practices; (j) Foster in inclusive community by providing a complementary mix of lifecycle housing; (k) Preserve and protect important ecological areas identified on the City's natural resource inventory (NRI); (8) Areas of Flexibility (a) The City shall consider an increase in the number of overall units and associated reductions in lot width and size if the PUD provides substantially more site amenities and public values, as outlined in Section 2.4(P)(7), than could be achieved in a conventional residential development for the applicable zoning district. (b) The City shall consider a decrease in the amount of road width required or right-of-way requirements if the PUD provides substantially more site amenities, as outlined in Section 2.4(P)(7), than are found in a conventional residential development for the applicable zoning district. Specifications and standards for streets, utilities, and other public facilities shall be at the discretion of City Council and must protect the health, safety, comfort, aesthetics, economic viability, and general welfare of the city. City of Monticello Zoning Ordinance Page 71 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (c) The City shall consider flexibility with regard to lot size, width, and depth 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 environment which assists in achieving the goals set out for PUDs. (d) The City shall consider flexibility in the phasing of a PUD development. Changes to the proposed staging or timing of a PUD may be approved by the City Council when necessary or on the showing of good cause by the developer. (9) PUD Procedure All requests for rezoning to Planned Unit Development shall follow the steps outlined below. (a) Collaborative process and project goal setting The collaborative process and project goal setting step is intended to allow the applicant to meet with members of the Community Development Department and appointed and elected officials to gain an understanding of the public values related to development of the subject site. The feedback received during this step will provide guidance to the applicant on things to incorporate into a future concept plan. (i) Initiation of Proceedings A request for a PUD Concept Plan Review shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (ii) Application 1. All applications for a PUD Collaborative process and project goal setting session shall be in accordance with Section 2.3, Common Review Requirements. 2. In addition to common review requirements, a site analysis shall be submitted in anticipation of the pre -application activities which includes the following information: a. Location of wooded areas or significant features (environmental, historical, cultural) of the parcel; b. Indicate the base flood elevation level (if applicable) and show the general location of floodways and/or flood fringe areas; c. Delineation of the ordinary high water levels of all water bodies; d. Delineation of the shoreland district boundary (if applicable); Page 72 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments e. General locations of wetlands (if applicable); f. Calculation of gross acres on the site proposed for development; g. Indication of neighboring land uses surrounding the proposed development site. (iii) Collaborative Process and Project Goal Setting Process 1. The applicant shall meet with the city staff for a pre -application conference prior to submittal of a concept plan to the city. The primary purpose of the conference is to allow the applicant and staff an opportunity to review the comprehensive plan and to make a preliminary determination if the proposal is conducive to a PUD rezoning. 2. City staff and the applicant shall work together to schedule a concurrent worksession with policymakers of the city (applicable commissions and City Council) to discuss the public values on the site using the established public values in Section 2.4(P)(7) as a guideline. The result of this meeting will be a public values statement. 3. At an appropriate point during the process, the applicant shall hold a neighborhood meeting. The city and all owners of property within 1,000 feet of the proposed PUD (or a larger area as determined by the Community Development Department) shall be given notice of the meeting. The purpose of the meeting is to inform the neighborhood of the proposed PUD, discuss the concepts and basis for the plan being developed and to obtain information and suggestions from the neighborhood. 4. The applicant shall be responsible for the costs incurred by the city for attorney, engineering, or other consultant fees during these pre - concept plan activities. (b) PUD Concept Plan Prior to submitting formal preliminary plat and rezoning applications for the proposed development, the applicant shall prepare an informal concept plan and present it to the appropriate commissions and City Council at a concurrent worksession, as scheduled by the Community Development Department. The purpose of this meeting is to determine if all parties are on a common track and if the development reflects the stated public values; City of Monticello Zoning Ordinance Page 73 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (i) Initiation of Proceedings A request for a PUD Concept Plan Review shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (ii) Application 1. All applications for a PUD Concept Plan Review shall be in accordance with Section 2.3, Common Review Requirements. 2. In addition to common review requirements, applications for a PUD Concept Plan Review shall also include at least the information in Section 2.4(P)(9)(b)(iii) below to be considered complete (except as exempted by the Community Development Department). (iii) Specific PUD Concept Plan Submittal Requirements An applicant shall provide the following information unless waived by staff: 1. A listing of contact information including name(s), address(es) and phone number(s) of. the owner of record, authorized agents or representatives, engineer, surveyor, and any other relevant associates; 2. A listing of the following site data: Address, current zoning, parcel size in acres and square feet and current legal description(s); 3. An updated site analysis incorporating any additional features or requested changes identified during the collaborative process and project goal setting session; 4. A narrative explaining how the identified public values for the site are addressed by the concept plan; 5. A listing of general information including the number of proposed lots and a calculation of gross land area; 6. Calculation of the proposed density of the project and the potential density under standard zoning regulations. 7. Outline a development schedule indicating the approximate date when construction of the project, or stages of the same, can be expected to begin and be completed (including the proposed phasing of construction of public improvements and recreational and common space areas). 8. A Concept PUD Plan illustrating the nature and type of proposed development. At a minimum, the plan should show: a. Area calculations for gross land area Page 74 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Dev.,lopmc^nts b. Existing zoning district(s) c. Layout of proposed lots and proposed uses. Denote outlots planned for public dedication and/or open space (schools, parks, etc.) d. Area calculations for each parcel e. General location of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel f. Location of existing and proposed streets within and immediately adjacent to the subdivision parcel g. Proposed sidewalks and trails h. Proposed parking areas i. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable) j. General location of wooded areas or significant features (environmental, historical, cultural) of the parcel k. Location of utility systems that will serve the property 1. Other: An applicant may submit any additional information that may explain the proposed PUD. (iv) PUD Concept Plan Review 1. Upon receiving a complete PUD concept plan application, the Community Development Department shall review the proposal and generate a staff report analyzing the proposal against the expectations for PUDs. The report shall be forwarded to the appropriate commissions—as determined by the Community Development Department—and the City Council for review. 2. Commissions receiving the report shall review the PUD rezoning request, and make a recommendation to the City Council with regard to the plat layout, design, density, uses, deviations, and achieved public values of the concept plan; 3. The Council shall consider the recommendations of the commissions that have conducted a review, and provide feedback to the applicant on the proposed public values, proposed deviations, and any other aspect of the application. The Council shall either make a motion that the applicant—if they choose to proceed—move forward with the PUD preliminary plat and rezoning requests, or direct the applicant to submit a development application using conventional zoning district standards City of tdonticello Zoning Ordinance Page 75 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments 4. After the City policymakers have reviewed and commented on the Concept PUD plan, city staff shall meet with other agencies, as applicable, to explore opportunities of partnership to enhance the stated public values. (c) PUD Preliminary Plat and Rezoning (i) Initiation of Proceedings 1. Concurrent applications for rezoning to PUD and a Preliminary Plat shall be submitted to the City within one year of the City Council's recommendation on the PUD Concept Plan. Failure to submit applications for rezoning to PUD and a Preliminary Plat within the one year timeframe will require the applicant to begin the process anew from that point forward. 2. The requests for 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 Section 2.3(B), Authority to File Applications. (ii) Application 1. All applications for rezoning to PUD and Preliminary Plat shall be in accordance with Section 2.3, Common Review Requirements. 2. The application for rezoning to PUD shall be in accordance with Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments. 3. The application for Preliminary Plat shall be in accordance with City Code Title 11, Chapter 4, Data Required for Preliminary and Final Plats; and shall include the additional information requirements listed in Section 2.4(P)(9)(c)(iii) below to be considered complete (except as exempted by the Community Development Department). 4. If the PUD is proposed to develop over a timeframe exceeding two years,. a PUD Master Plan for the entire project (to be completed in phases) may be submitted. Subsequent PUD Final Plan applications would only grant approval for an individual phase. Page 76 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (iii) Specific PUD Preliminary Plat Submittal Requirements An applicant shall provide a separate PUD Development 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: 1. Administrative information (including identification of the drawing as a "Preliminary PUD Development Plan," the proposed name of the subdivision, contact information for the developer and individual preparing the plan, signature of the surveyor certifying the document, date of plan preparation or revision, and a graphic scale and true north arrow); 2. Area calculations for gross land area, wetland areas, wetland buffers, right-of-way dedications, conservation areas, and proposed public and private parks; 3. Existing zoning district(s); 4. Layout of proposed lots with future lot and block numbers. The perimeter boundary line of the subdivision should be distinguishable from the other property lines. Denote outlots planned for public dedication and/or open space (schools, parks, etc.); 5. Area calculations for each parcel; 6. Proposed setbacks on each lot (forming the building pad) and calculated buildable area; 7. Proposed gross hardcover allowance per lot (if applicable); 8. Existing contours at intervals of two feet. Contours must extend a minimum of 200 feet beyond the boundary of the parcel(s) in question; 9. Delineation of wetlands and/or watercourses over the property and within 200 feet of the perimeter of the subdivision parcel; 10. Delineation of the ordinary high water levels of all water bodies; 11. Location, width, and names of existing and proposed streets within and immediately adjacent to the subdivision parcel; 12. Easements and rights-of-way within or adjacent to the subdivision parcel(s); 13. The location and orientation of proposed buildings; 14. Proposed sidewalks and trails; 15. Proposed parking areas; 16. Proposed parks, common areas, and preservation easements (indicate public vs. private if applicable); G -Y of Monticello Zoning Ordinance Page 77 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments 17. Any other information as directed by the Community Development Department. (iv) PUD Preliminary Plat and Rezoning to PUD Review 1. The application for rezoning to PUD shall be reviewed in accordance with Section 2.4(B), Zoning Ordinance Text and Zoning Map Amendments. 2. The application for Preliminary Plat shall be reviewed in accordance with City Code Title 11, Chapter 3, Section 2, Preliminary Plat Procedure. 3. As part of the review process for both applications, the Community Development Department shall generate an analysis of the proposal against the expectations for PUDs and the previously established public values statement to formulate a recommendation regarding the rezoning to the planning commission and City Council. 4. The planning commission shall hold a public hearing and consider the application's consistency with the intent and purpose of the PUD and comprehensive plan goals. The planning commission shall make recommendations to the City Council on the merit, needed changes, and suggested conditions of the proposed rezoning, preliminary plat and PUD development plan. 5. In approving or denying the ordinance to rezone the subject property to PUD, the City Council shall make findings on the following: a. The PUD plan is consistent with the city's comprehensive plan; b. The PUD plan is tailored to the specific characteristics of the site and achieves a higher quality of site planning and greater public benefits than would be achieved under conventional provisions of the ordinance; c. The PUD plan addresses the purpose and intent of the PUD rezoning laid out in Section 2.4(P)(1), and the public values statement established at the beginning of the process d. The PUD plan addresses the expectations of a PUD laid out in Section 2.4(P)(7); e. The PUD plan maintains or improves the efficiency of public streets, utilities, and other public services; f. The PUD plan results in development compatible with existing adjacent and future guided land uses; g. How the PUD plan addresses the purpose and intent of the PUD rezoning laid out in Section 2.4(P)(1), and the public values statement established at the beginning of the process. Page 78 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (d) PUD Final Plat (i) Initiation of Proceedings 1. A final plat that conforms with the preliminary plat and associated PUD rezoning ordinance shall be submitted within 180 days of approval of the ordinance and preliminary plat approval, unless otherwise extended by the City Council. If the applicant fails to submit a final plat application or extension request within this time period, the zoning shall revert back to the underlying zoning district through a rezoning ordinance adopted by the City Council. 2. The request for PUD Final Plat shall be initiated by application of the property owner or other person having authority to file an application pursuant to Section 2.3(B), Authority to File Applications. (ii) Application 1. All applications for PUD Final Plat shall be in accordance with Section 2.3, Common Review Requirements. 2. The application for PUD Final Plat shall be in accordance with City Code Title 11, Chapter 4, Data Required for Preliminary and Final Plats. 3. In addition to general city code requirements, applications for a PUD Final Plat shall also include at least the information in Section 2.4(P)(9)(d)(iii) below to be considered complete (except as exempted by the Community Development Department). (iii) Specific PUD Final Plat Submittal Requirements 1. If a PUD Master Plan for the entire project was submitted and approved as part of the preliminary plat review, an updated Master Plan shall be submitted incorporating all changes required by the preliminary plat approval. 2. The PUD Development Plan shall be updated to incorporate all changes required by the preliminary plat and rezoning approvals. This document must clearly show all deviations from standard zoning being approved as part of the PUD. 3. The City and applicant shall prepare a developer's agreement which references all PUD plans, specifies permitted uses, allowable densities, development phasing, required improvements, completion dates for improvements, the required letter of credit, all required development fees, escrows, and warranties, and any other information deemed necessary by the City. City of Monticello Zoning Ordinance Page 79 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments 4. Up-to-date title evidence for the subject property in a form acceptable to the City shall be provided as part of the application for the PUD Final Plat. 5. Developer shall provide warranty deeds for Property being dedicated to the City for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City. 6. 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. (iv) PUD Final Plat Review The application for PUD Final Plat shall be reviewed in accordance with City Code Title 11, Chapter 3, Section 3, Final Plat Procedure. (10) PUD Amendments Approved PUD's 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: (a) Administrative Amendment — The Community Development Department may approve minor changes in the location, placement, and height of buildings if such changes are required by engineering or other circumstances not foreseen at the time the PUD Final Plan was approved, provided the changes are indeed minor and conform to the review criteria applied by the Planning Commission and City Council. Under no circumstances shall an administrative amendment allow additional stories to buildings, additional lots, or changes to designated uses established as part of the PUD. (b) PUD Adjustment — an adjustment to a PUD may be made through review and approval by a simple majority vote of the City Council with or without referral to the Planning Commission. To qualify for this review, the minor adjustment shall not: (i) Eliminate, diminish or be disruptive to the preservation and protection of sensitive site features. (ii) Eliminate, diminish or compromise the high quality of site planning, design, landscaping or building materials. (iii) Alter significantly the location of buildings, parking areas or roads. (iv) Increase or decrease the number of residential dwelling units by more than five percent. Page 80 City of Monticello Zoning Ordinance CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (v) Increase the gross floor area of non-residential buildings by more than three percent or increase the gross floor area of any individual building by more than five percent (residential lots not guided for specific structure sizes are excluded from this requirement). (vi) Increase the number of stories of any building. (vii) Decrease the amount of open space or alter it in such a way as to change its original design or intended function or use. (viii) Create non-compliance with any special condition attached to the approval of the Final PUD Plan. (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 PUD beginning at PUD Preliminary Plat. (11) PUD Cancellation A PUD shall only be cancelled and revoked upon the City Council adopting an ordinance rescinding the ordinance approving the PUD. In any event, it shall not be necessary for the council to find the creation of a PUD district was in error. (12) Administration In general, the following rules shall apply to all PUDs: (a) Rules and regulations: No requirement outlined in the PUD process shall restrict the City Council from taking action on an application if necessary to meet state mandated time deadlines; (b) Plan Certification: The City may require that PUD plans be certified at the time of submittal and/or upon completion of construction. (c) Preconstruction: No building permit shall be granted for any building on land for which a PUD plan is in the process of review, unless the proposed building is allowed under the existing zoning and will not impact, influence, or interfere with the proposed PUD plan. City of Monticello Zoning Ordinance Page 81 CHAPTER 2: APPLICATION REVIEWS AND PROCEDURES Section 2.4 Specific Review Procedures & Requirements Subsection (P) Planned Unit Developments (d) Effect on Conveyed Property. In the event any real property in the approved PUD Agreement is conveyed in total, or in part, the buyers thereof shall be bound by the provisions of the approved Final PUD Plan constituting a part thereof; provided, however, that nothing herein shall be construed to create non -conforming lots, building sites, buildings or uses by virtue of any such conveyance of a lot, building site, building or part of the development created pursuant to and in conformance with the approved PUD. Page 82 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.1 General Provisions Subs,ction (D) Zoning Classifications for Newly Annexed Property CHAPTER 3: ZONING DISTRICTS 3.1 General Provisions (A) Adoption of Zoning Map The map entitled City of Monticello Zoning Map, dated , hereinafter referred to as the "zoning map," and all explanatory matters thereon, are hereby adopted and made a part of this ordinance. Questions concerning a zoning designation or boundaries of a zoning district shown on the zoning map shall be resolved by referring back to the previously adopted ordinances delimiting the districts and boundaries. (B) Types of Zoning Districts Land within the City is generally classified by this ordinance to be within one of a number of base zoning districts. Land within any base zoning district may also be classified into one or more overlay zoning districts, in which case regulations governing development in the overlay district shall apply in addition to the regulations governing development in the underlying base zoning district, unless expressly stated otherwise. (C) District Boundaries (1) The boundaries of the districts are established as shown on the zoning map. Unless otherwise indicated on the zoning map, the district boundaries are parcel lines or the corporate limit lines, as they existed at the time of the enactment of this ordinance. (2) New base district lines or rezoning lines shall follow parcel lines. (D) Zoning Classifications for Newly Annexed Property Any land annexed to the City in the future shall initially be placed in the A -O Agricultural Open District, unless placed in another district by action of the City Council after recommendation of the Planning Commission. City of Monticello Zoning Ordinance Page 83 CHAPTER 3: ZONING DISTRICTS Section 3.2 Districts Established Subsection (B) Establishment of Overlay Districts 3.2 Districts Established (A) Establishment of Base Districts Table 3-1, Base Zoning Districts, sets out the base residential, business, and industrial zoning districts established by this ordinance. A -O _Agricultural Open District �_ l R -A Residential Amenities District — --I R -I _Single Family Residential District _ --R-2 Single and Two Family Residential District T_ -N — Traditional Neighborhood District R-3 Medium Density Residential District Mobile & Manufactured Home Park District _ Business Districts B -I Neighborhood Business_ District I3 �TLimited Business District_ B-3 - Highway Business District -�-� B-4 - Regional Business District _ CCD Central Community District Industrial Districts IBC Industrial and Business Campus District I_I Light Industrial District _ - I-2 I Heavy Industrial District (B) Establishment of Overlay Districts Table 3-2, Overlay Zoning Districts, sets out the overlay zoning districts established by this ordinance. FP _ l -- Flood Plain District -- W E Wetland District FBSFreeway Bonus Sign District D_ __ j W Drinking Water Supply Management Area District PB € Performance Based Enhancement District CCD -R CCD Residential Overlay District Page 84 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.3 Common District Requirements Subsection (C) Principal Buildings , (C) Classification of Districts Section 2.4(B): Land shall be classified or reclassified into a base or overlay zoning district only in Zoning Ordinance Text and Zoning accordance with the procedures and requirements set forth in Section 2.4(B), Zoning Map Amendments , Ordinance Text and Zoning Map Amendments. 1 p (D) Organization of Base Zoning District Regulations 1 , r Sections 3.3(A) through 3.3(Q) establish the general purposes of each base zoning , Chapter 4: district along with the physical standards governing lots and structures within each Finishing standards district. Each of these subsections has a common structure consisting of a purpose statement, applicable size and dimensional standards for lots, photographs showing typical district building forms, an example of the typical lot configuration found in the district, and a hypothetical graphic depicting the districts physical regulations. Uses Chapter 5: Use Standards allowed in each district can be found in Chapter 5. Finishing standards for lots (i.e. landscaping standards, parking requirements, etc) can be found in Chapter 4. (E) Diagrams and Photographs for Illustrative Purposes Only The building form 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 ordinance shall control. 3.3 Common District Requirements The following regulations shall apply in all base zoning districts. (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 Section 2.4(C) or a license agreement issued by the Community Development Department. (B) Outlots No building permit or grading permit can be issued for a parcel of land designated in a plat as an outlot unless specifically authorized by the City Council. (C) Principal Buildings Except as may be permitted by an approved planned unit development, not more than one (1) principal building shall be located on a lot. [3-2(C)(4)] City of MonticeCo Zoning Ordinance Page 85 CHAPTER 3: ZONING DISTRICTS Section 3.3 Common District Requirements Subsection (D) Common Yard and Height Requirements (D) Common Yard and Height Requirements (1) (2) In General (a) Unless otherwise authorized by variance, administrative 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 ordinance; and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. [3-3(B)] (b) \ yard or other open area required about a building shall not be included as part of a yard or other open space for another building. [3-3(B)] Allowable Yard Encroachments (a) The following features may encroach into required yards: (i) Fences and walls that meet the standards in Section 4.3, may encroach into a required yard, but shall be subject to corner visibility requirements. (ii) Walkways, patios, ramps, stairs, paved areas, and other accessory structures less than 30 inches above grade, and all landscape plantings are exempted from yard requirements except as may be specifically required by this ordinance, but are subject to corner visibility requirements. [3- 3(D)(2)] (iii) In rear yards: recreational and laundry drying equipment, arbors and trellises, balconies, breezeways, open porches, decks, major and minor accessory buildings, and air conditioning or heating equipment subject to the following conditions: [3-3(D)(3)] 1. Setback requirements of environmental protection districts shall remain applicable. [3-3(D)(3)(i)] 2. A side yard setback of six (6) feet shall be maintained. [3-3(D)(3)(ii)] 3. A rear yard setback of ten (10) feet shall be maintained. [3- 3(D)(3)(iii)] 4. No encroachment shall be permitted within an existing or required easement. [3-3(D)(3)(iv)] (iv) Appurtenances: [3-3(D)(1)] 1. Appurtenances are permitted to encroach into a required front or rear yard setback up to six feet. This provision does not apply to rear loading units in the T -N zoning district. 2. Appurtenances are permitted to encroach into a required side yard setback up to three feet. This provision does not apply to units in the T -N zoning district. Section 4.3: Fences & Walls Section 5.3(B): General Standards and Limitations for Accessory Uses & Stnectures Page 86 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.3 Common District Requirements Subsection (D) Common Yard and Height Requirements 3. Railings on landing places or porches extending into a required side yard shall not exceed 3 feet, 6 inches in height. 4. Appurtenances shall not be located within existing or required easements. (b) Corner Visibility (see Figure 3-1) F , F , F t , t , , , { F , , F , i F , , t i s F t The dashed pees, in *me 3-1 repnmwt the hypotenuse df the protected corner area at stmt h erseafons. The prayed comer area Incrr;ses as the ange &%wftn the +nig :streets dors. , t t 1 (i) Corner lots shall preserve areas necessary for corner visibility by limiting the height of fences, walls, and all other obstructions to a maximum of three feet above grade in the following areas: 1. For lots with an interior corner lot angle of 90 degrees or more at a street or railway corner, the protected corner area is defined by a triangle created by the two corner lot lines and an imaginary line between the corner lot lines at 25 feet from the corner on each property lot line. 2. For lots with an interior angle of less than 90 degrees at a street or railway corner, the protected corner area is defined by a triangle created by the two corner lot lines and drawing an imaginary line between the corner lot lines 25 feet from the corner on each property lot line plus one foot for every ten degrees or fraction thereof less than 90 degrees. [3-2(17)(3)(c paragraph 1)] (ii) Corner visibility standards do not apply to United States mailboxes, police and fire alarm boxes, public utility poles, street name markers, official traffic signs and control devices, and fire hydrants. Figure 3-I: CornerVisibility (Protected CornerArea) Lots with an Interior comer [at angle of 90 degrees or MORE at the street comer Late with an Interior comer lot argle of less than 90 degrees at the street ' corner City of Monticello Zoning Ordinance gage 87 CHAPTER 3: ZONING DISTRICTS Section 3.3 Common District Requirements Subsection (D) Common Yard and Height Requirements (3) Height Requirements (a) In general The total height of any structure shall not exceed the maximum height limit established for the applicable zoning district unless expressly stated otherwise in this ordinance. (b) Exceptions Height limits shall not apply to chimneys, church spires, belfries, cooling towers, cupolas and domes which do not contain useable space, elevator penthouses, fire escapes or roof access stairways, flag poles, mechanical equipment required to operate and maintain the building, monuments, parapet walls extending not more than three (3) feet above the limiting height of the building, rooftop dish antennas, skylights, water towers, wind electrical generators, telecommunication towers or similar appurtenances, provided: (i) The appurtenance does not interfere with Federal Aviation Regulations, Part 77, Objects Affecting Navigable Airspace; (ii) The appurtenance does not extend more than 25 feet above the maximum permitted building height, except as specifically allowed by this ordinance; (iii) The appurtenance does not exceed a maximum height of 200 feet above grade; (iv) The appurtenance is not constructed for the purpose of providing additional floor area in the building; and (v) The appurtenance complies with the screening requirements for mechanical equipment and appurtenances in this ordinance. , t t , , , , , , , , , , , , , , , Section 4.12 Wind Energy Conversion Svstems Page 88 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (B) Standards Applicable to All Residential Base Zoning Districts 3.4 Residential Base Zonine Districts (A) General Purpose The residential base zoning districts established in this section are intended to provide diverse housing options in a comfortable, healthy, safe, and pleasant environment in which to live and recreate at a neighborhood level. More specifically, they are intended to: (1) Promote strong residential neighborhoods with a sense of connection to the community; (2) Foster citizen involvement in the community, interaction between neighbors and neighborhood oriented support systems; (3) Provide a diverse range of housing choices and affordability through varying housing densities, types and designs including accessory dwelling units; (4) Seek quality over quantity in new residential growth; (5) Maintain a connection to the natural environment by incorporation of natural characteristics into the development setting; (B) Standards Applicable to All Residential Base Zoning Districts (1) Zero Side Lot Line Development Residential unit lots containing duplexes or townhouses may be subdivided along the common wall in a "zero lot line" arrangement, provided: [3-3(E)(2)] (a) The combined area of the base lot and individual unit lots contains the required amount of lot area per unit as prescribed elsewhere in this Ordinance; [3-3(E)(2)] (b) Unit lots shall meet all required setbacks from the boundaries of the base lot; [3-3(E)(2)] (c) Any shared wall facing on a zero side lot line is a structural wall capable of providing protection from fire, noise and visual encroachment. (2) Condominiums Residential lots of non -single family structures may be divided for the purpose of condominium ownership provided that: [3-3(E)(1)] City of Monticello Zoning Ordinance Page 89 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (B) Standards Applicable to All Residential Base Zoning Districts (a) The principal structure containing the housing units shall meet the setback distances of the applicable zoning district. [3-3(E)(1)] o (b) Each condominium unit shall have the minimum lot area for the type of housing unit and usable open space as specified in the area and building size regulations of this ordinance. [3-3(E)(1)] Citl,Code Title 4, Ch 1: (c) Condominiums shall be designed to meet the International Building Code as International adopted in Title 4, Chapter 1 of the Monticello City Code. Building Coda Figure 3-2: Zero Lot Line Development vs Condominiums This figure illustrates zero lot line development of four adjacent townhomes. Each dwelling (A, B, C and D) is located on its own unit lot; and all four unit lots are located on one base lot (3) Multi -Story Buildings Comparatively, the figure below shows condominium ownership of the same development. Ownership is not defined by a unique lot, but rather a specified space within a building. Applications for a conditional use permit to exceed the maximum heights allowed in Section 3.4 shall be subject to the general CUP review criteria listed in Section 2.4(D)(4)(a) as well as the following: (a) The building shall not cast additional shadow on adjacent residential structures between the hours of 9:00 a.m. and 3:00 p.m. "Additional shadow" shall be defined as any additional shading of a residential structure over and above that which could exist if a proposed building met the maximum height requirement of the underlying zoning district and was sited in a location conforming to all setback requirements. CUP Review Criteria: Section .4(D)(4)(a) Page 90 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (C) A -O: Agricultural nt)pn ifi(ra r)ktrirt Section 3.4 (C) A-0 Agricultural Open Space District The purpgse of the "A -Ott agricultural -open space district is to provide' suitable areas of the City for the retention and utilizatiol of open space and/or agricultural uses, prevent scattered {ion -farm uses from developing improperly, and to secure ec©nomy in government expenditures for public utilities a4d service. [5-1] i Maximum Density = 0.5 dwelling units per gross acre. [3-4(A)] ; Base Lot;Area • Minit�,um = Two (2) acres [3-4(A)] Base, Lot;Width • Minitpum = 200 ft. [3-4(A)] 4 1 i Typical A-O,,Lot Configuration Ordinance 0 Typical A-0 Building Types Page 91 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (C) A-0: Agricultural Open Space District 1: Agricultural production is permitted —0�5 UNrra PEnA... 2: Agricultural Buildings are permitted 3: 50 foot rear yard setback ........... 4: Stable is a permitted use 5: Minimum lot size of 2 00 acres 6: 30 foot side yard setback 7: 50 foot front yard setback Page 92 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (D) R -A: Residential Amenities District Section 3.4 (D) R—A Residential Amenities District The purpose of the "R -A" residence district is to provide move up dousing in the form of low density, single family, detached fesidential dwelling units and directly related complemintary uses in areas of high natural residential amenities: including such conditions as woodlands, wetlands„and significant views. [6A-1] Maximum Density through PUD or Performance Standards = 10,890 sq. ft. per unit (4.0 units per gross acre) [3-4,'(B)] Base Density = 16,000 sq ft per unit (2.7 units per gross acre) Base LotArea [3-4(A)] • Minilhum = 14,000 sq ft. • Aver4ge = 16,000 sq ft (at least 40% of lots created throuffh subdivision shall exceed 15,000 sq ft in size) Base LotWidth [3-4(A)] • Minirhum = 90 ft. • Aver4ge = 100 ft. (at least 40% of lots created' through subdivision shall exceed 100 ft in width) , { { 1 f i I 1 { 1 1 I f t 1 1 { t 1 { I 1 F { Typical R -A Building Types Typical R -A Lot Configuration City of Monticello Zoning Ordinance Pag,; 93 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (D) R A: Residential Amenities District REQUIRED YARDS (in feet) Max Minimum Minimum Roof Height Minimum Floor Areas Building Pitch & Soffit Front Interior Street Rear (stories I (sq ft) Width (vertical rise/ Side Side feet) (ft) horizontal run) Minimum foundation ; 6" 12" Single 30 2.5 stories sizes by home type Family 35 10 20 [I] 35 feet [2] 24 ;no minimum Building soffit 2000 finishable [3] [1]: 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. [3-3(C)(4 paragrap� 9)] [2]: 2400 square foot foundation for two story homes and a 1600 square foot foundation for r u(ti-level, rambler and split entry homes. [3]: Finishable square footage is exclusive of attached accessory space. [3-2(13)(3)(e paragraph ;6)] • An attached garage shall be included with all principal residential structures in the R -A district. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures The minimum floor area for all attached accessory structures shall be 700 sq. ft. ■ 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). Other Section 3.3, Common District Requirements ; LRegulations Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts nsult Section 4.1I, Building Materials all Section 4.8, Off -Street Parking ive) Section 4. 1, Landscaping and Screening Standards s t: %000, SF mintmum lot size 2: Detached accessory structure meeting the side street setback (2o"j and rear yard setback ((V) 3: Base density of 2.7 units per acre with lots arter*ng i5,000 SF In sin j a 4: Single Family home meeting front yard setback (3g') with , appurtenance (per) not extending mors than IV Into the setabck y. io foot Interior side yard setbacks 6.3o foot rear yard ply ire setback 7.35 foot from yard setback & io foot side yard setback Pag :! 94 �' 3 V NtTg PER ACRE HIIV(-- T - - 16,000 8T Lor Av, �"gASE DEN3fty j7NR3.K7i20S6 q�RE-. 1, b � } <<4 City of Monticello'Zoning Ordinance ' CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (E) R-1: Single Familv Residence Dicrrrrt Section 3.4 (E) R-1 Single Family Residence District The purpgse of the "R-1" single family district is to provide fdr low density, single family, detached residentia,4 dwelling units and directly related complemintary uses. [6-1] Maximu> Density through PUD or Performance Standards = 8,712 sq. ft. per unit (5.0 units per gross acre) [3-4�'B)] Base Density = 14,000 sq ft per unit (3.1 units per gross acre) Base Lot:Area [3-4(A)] • Miniruum = 10,000 sq ft. • AverAge = 12,000 sq ft (at least 40% of lots created through subdivision shall exceed 12,000 sq ft in size) Base Lot:Width [3-4(A)] • Minirhum = 70 ft. • Aver4ge = 80 ft. (at least 40% of lots created through subdivision shall exceed 80 ft in width) Typical R-1 Building Types City of Monticello Zoning Ordinance Typical R -I Lot Configuration Pa -0e 95 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (E) R-1: Single Family Residence District • • ' . 1111 REQUIRED YARDS (in feet) Max Minimum Minimum Roof —_.~ Height Minimum Floor Areas Building Pitch & Soffit Front Interior Street I Rear (stories 1 (sq ft) Width (vertical rise/ Side [ 1 ] Side [3] feet) (ft) horizontal run) +5' Ip 2.5 stories , Single 1.050 foundation/ , Family 30 [2] 20 30 35 feet 24 no minimum Building 2,000 finishable [4] , soffit [1]: In addition to the identified minimum setbacks, the sum of both side yard setbacks shall be a minimum of 20 feet. [3-3(C)(4 paragraph 2)] ; [2]: Interior side yard setbacks for single family homes on lots of record with a lot width 66 feet pr less in the Original Plat of Monticello and Lower Monticello shall be at least six (6) feet. [3-3(C)(3)] [3]: 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. [3-3(C)(4 paragraph �)] [4]: Finishable square footage is exclusive of attached accessory space. [3-2(B)(3)(e paragraph 3)] ■ An attached garage shall be included with all principal residential structures in the R- I district. Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. ; Structures ■ The minimum floor area for all attached accessory structures shall be 550 sq. ft. , Other Section 3.3, Common District Requirements LRegullations Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts F ult Section 4.1I, Building Materials l Section 4.8, Off -Street Parking e) Section 4. 1, Landscaping and Screening Standards x 20 footsed)&* from a street abutting a side yard 2: Single family home conforming to front yard &Mijobw smloitwWth of 70 feet NITS pER ACFI 12,000 --84E DENSITY S UNITS/t a1L0T. �fiq,E ti :•4 \ ra �3 - .......... .. : , : / /7/ Page 96 City of Monticello Zoning Ordinance 3:3o footfront yard aback 4: i® foot side ywd setbacks on snared ti tcrtor colt Brw o 5: wo = SF riMI ntrnl 1 lot skr, max dere ft of S units Per we & 30 foot riew yard ]: b foot b ertor d& yard '~\ setbKk for Jcft of rwand in the origbW Pbtof Mand ello and Lower MAnticeiM &Mijobw smloitwWth of 70 feet NITS pER ACFI 12,000 --84E DENSITY S UNITS/t a1L0T. �fiq,E ti :•4 \ ra �3 - .......... .. : , : / /7/ Page 96 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (F) R-2: Single and Two Family Residence District Section 3.4 (F) R-2 Single and Two -Family Residence District The purpgse of the "R-2" single and two-family residentiai district is to provide for low to moderate t density o;e and two unit dwellings and directly related complemintary uses. [7-1] t Maximum Density through PUD or Performance Standards = 6223 sq. ft. per unit (7.0 units per gross acre) [3-4'B)] Base Density = 12,000 sq ft per unit (3.6 units per gross acre) Base Lot Area 3 • Miniipum = 12,000 sq ft. [3-4(A)] Base Lot:Width • Minimum = 80 ft. [3-4(A)] , 3 t Typical R-2 Lot Configuration Typical R-2 Building Types 1 City of Monticello Zoning Ordinance Rage 97 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (F) R-2: Single and Two Family Residence District i REQUIRED YARDS (in feet) Max Height Minimum Floor Minimum Minimum Roof Pitch & Front interior Street (stories ! Areas Building Soffit (vertical rise/ [I] Side Side Rear feet) (sq ft) Width (ft) I horizontal run) j Single Family / 1,050 Duplex 30 10 20 30 2.5 stories foundation 24 [2] 35 feet ; 4" / 14" Building 2,000 finishable Townhouse/ No minimum soffit Multi Family 30 10 20 30 2.5 stories (per unit if 24 ; 35 feet applicable) , Building [3] ' [I]: 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 (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure [3-3(C)(1)] [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 (6) feet. [3-3(C)(3)] o [3]: Finishable square footage is exclusive of attached accessory space ; ■ An attached garage shall be included with all principal residential structures in. the R-2 distriq ■ See Section 5.3(B) for all general standards and limitations on accessory strucures. ! Accessory � The minimum floor area for all attached accessory structures shall be 450 sq. ft. j No portion of any attached accessory structure may be more than 10 feet closer to the street that the Structures principal structure. ■ Except for single family buildings, any driveway leading directly to an attached accessory structure may not exceed 18' in width at the front yard property line Other Section 3.3, Common District Requirements ; Regulations to aSection 3.4(B), Standards Applicable to All Residential Base Zoning Districts Consult (not � Section 4.1 1, Building Materials o Section 4.8, Off -Street Parking all inclusive) Section 4. 1, Landscaping and Screening Standards a ,t2g f0W se3back freest a street abutting a side yard t ----!U TS, ACRE MAX =DuPk ecna corner lot _ — BASE 0ENS1 3.0 UNI 3~ MhdM= lot dimensions and sizes are' s Milt t 3•foot rear yard setback €or, -'Z -11 r/ pebx#WMuctures S 10 footsW yard setbacks on d bvWor lot lines 6:3gfoat firontyard setback T• 6 footinterior side yard setback is altowed on lots of record in the Original Plat of Allontlicellioand Lower Monticello Page 98 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (G) T -N: Traditional Neighborhood Residence District Section 3.4 (G) T—N Traditional Neighborhood Residence District The purpgse of the "T -NII traditional neighborhood residential district is to provide for medium density, single family, detached residential dwelling units and directly rilated complementary uses. [7A-1 ] Maximum Density through PUD or Performance Standards = 5445 sq. ft. per unit (8.0 units per gross acre) [3-4kB)] ; Base Density = 10,000 sq ft per unit (4.4 units per gross acre) Base Lot;Area [3-4(A)] • Minimum = 7,500 sq ft. ; Base Lot;Width [3-4(A)] • Minhum = 45 ft. 1 • Maximum at the street = 65 ft. ; Typical T -N Building Types Typical T -N Lot Configuration Cty of Monticello Zoning Ordinance Page 99 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (G) T -N: Traditional Neighborhood Residence District ■ An attached garage shall be included with all principal residential structures in the T -N district. ; ■ See Section 5.3(B) for all general standards and limitations on accessory structures. Accessory i ■ The minimum floor area for all attached accessory structures shall be 480 sq. ft. ; Structures +. For front -loaded attached accessory structures, 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). ; ■ No private driveway leading to an accessory structure may not exceed 18' in width at the frdnt yard property line. + ; Other Section 3.3, Common District Requirements Regulations Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts ; to Consult Section 4.1 I, Building Materials ; (not all Section 4.8, Off -Street Parking inclusive) Section 4. 1, Landscaping and Screening Standards Wa .,.� `-8 UNITsIA,ne MAX_._I 1: 7500 square foot minknion lot size 13A3E bF_N811Y 44 U NJrB ✓30S8 ACple_ a:15 foot street side yard setback for rear loading units (25 foot street side yard setback for front loading units) � 'e AP - 3:1g foot front yard setback far teas' loading homes � (appurtenance allowance not applicable in the T -N zoning district). q: 6 foot interior side yard setbacks g, 25 foot frout yard setback for from loading Homes ~ 6. ag foot rear yard setback for rear loading homes, and a 10 foot rear yard setback for front loading homes Page 100 City of Monticello'Zoning Ordinance REQUIRED YARDS (in feet) I Max Height ; Minimum Floor Minimum Minimum Roof Pitch — Front Interior Street ' ( stories / Areas Building & Soffit (vertical rise/ Rear [I] Side Side feet) (sq ft) Width (ft) horizontal run) Single ' Family 1 25 6 25 20 1,050 foundation 5":/ 12" Front Load 2.5 stories 2000 finishable / 24 1 Single 35 feet [2] No minimum soffit Family 15 6 15 25 Rear Load [1]: The maximum front yard shall be 30 feet for front load homes and 25 feet for rear load homes. [2]: Finishable square footage is exclusive of attached accessory space. ■ An attached garage shall be included with all principal residential structures in the T -N district. ; ■ See Section 5.3(B) for all general standards and limitations on accessory structures. Accessory i ■ The minimum floor area for all attached accessory structures shall be 480 sq. ft. ; Structures +. For front -loaded attached accessory structures, 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). ; ■ No private driveway leading to an accessory structure may not exceed 18' in width at the frdnt yard property line. + ; Other Section 3.3, Common District Requirements Regulations Section 3.4(B), Standards Applicable to All Residential Base Zoning Districts ; to Consult Section 4.1 I, Building Materials ; (not all Section 4.8, Off -Street Parking inclusive) Section 4. 1, Landscaping and Screening Standards Wa .,.� `-8 UNITsIA,ne MAX_._I 1: 7500 square foot minknion lot size 13A3E bF_N811Y 44 U NJrB ✓30S8 ACple_ a:15 foot street side yard setback for rear loading units (25 foot street side yard setback for front loading units) � 'e AP - 3:1g foot front yard setback far teas' loading homes � (appurtenance allowance not applicable in the T -N zoning district). q: 6 foot interior side yard setbacks g, 25 foot frout yard setback for from loading Homes ~ 6. ag foot rear yard setback for rear loading homes, and a 10 foot rear yard setback for front loading homes Page 100 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection 1Ht R-3• MPriittm r)Pncity Racid.— Section 3.4 (H) R-3 Medium Density Residence District The purpgse of the "R-3" medium district is oto provide for medium d multiple family structures ranging twelve (1) units and directly relat uses. Maximum Density through PUD Standards = 3111 sq. ft. per unit , acre) [3-4�B)] Base Density = 6,000 sq ft per uni acre)F Base Lot;Area [34(A)] • Minimum = 10,000 sq ft. Base Lot;Width [3-4(A)] • Minimum = 80 ft. F ! 1 / i 1 Typical R-3 dot f Configuration; f 1 ! { t 1 1 t 1 1 t F i A t t i 1 i i i f 4 I i f 1 City of Monticello density residential Typical R-3 Building Types ing Ordinance Pa`e 10 CHAPTER 3: ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (H) R-3: Medium Density Residence District 1: 30 foot setback from a street side yard s The four units In this example are located on four sepamteaunitloW(outlined in blue) which are located on one base loft (outlined in red). 3: Minimum lot w ft of go fee 4: 30 foot front yard setback 5. zo foot interior side yard 6.3o foot rear yard setback 7. 10,000 square foot minimum lot size with a base density of 7.3 units per gross acre; max density of 14 units per gross acre Page 102 a u F UN / d.. 5 City of Monticello'Zoning Ordinance ' CHAPTER 3. ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (1) M -H: Manufactured Home Park District Section 3.4 (I) Mobile and Manufactured Home Park M -H District The purpgse of the "M -H" manufactured home park district is oto provide for manufactured home users and directly related uses. [9-1] 1 Maximum Density through PUD or Performance i Standards = 3350 sq. ft. per unit (13.0 units per gross acre) [3-4(B)] Base Density = 4,000 sq ft per unit (10.9 units per gross acre) Base Lot Area [3-4(A)] • Minimum = 5 acres R Base Lot,Width [3-4(A)] • Minimum = 200 ft. 1 0 1 i Typical M -H Building Types ,F"! City of Monticello zoning Ordinance Pae 103 CHAPTER 3. ZONING DISTRICTS Section 3.4 Residential Base Zoning Districts Subsection (1) M -H: Manufactured Home Park District REQUIRED YARDS (in feet) Max Minimum Minimum Minimum Roof Pitch Height Floor Areas Building & Soffit (vertical rise/ Front .Interior Street Rear (stories s Width ft horizontal run Side Side / feet) (q ft ) )- - Manufacturedl i Home Building See section 5.2(C)(4) for all regulations governing manufactured home pa)-ks Detached a ' Accessory Structures 1: Faded lot lines indicate land area continues 21 Awnings, porches and other similar features attached to the manufactured home shall be considered as part of the manufactured home 3:26 foot setback from a street 4:15 foot separation between structures 5. Each manufactured home shall have a minimum of 2500 square feet dedica W for the unit (with an oVemll park density not to exceed 13 units per we) 6. Red lot lines illustrate platted property lines 7.30 foot setback from an outer park boundary line Page 104 ACRE M1N,fyU City of Monticello Zoning Ordinance City Code Title 4, Ch 1: International Building Code CUP Review Criteria: Section 2.4(D)(4)(a) CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (B) Standards Applicable to All Business Base Zoning Districts 3.5 Business Base ZoninLy Districts (A) General Purpose The business base zoning districts established in this section are intended to: (1) Provide appropriately located lands for the full range of business uses needed by the City's residents, businesses, and workers, consistent with the comprehensive plan; (2) Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City; (3) Attract new investment in desired locations; (4) Create suitable environments for various types of business uses, and protect them from the adverse effects of incompatible uses; (5) Create suitable environments for various types of mixed use development, where business, office, retail, and residential uses are designed and integrated in compatible ways; (6) Establish a sense of place along the City's commercial corridors, with attractive shop fronts and streetscapes; (7) Minimize the impact of business development on residential districts and uses. (B) Standards Applicable to All Business Base Zoning Districts (1) Condominiums (a) Industrial structures may be divided for the purpose of condominium ownership. (b) Condominiums shall be designed to meet the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. (2) Multi -Story Buildings Applications for a conditional use permit to exceed the maximum heights allowed in Section 3.5 shall be subject to the general CUP review criteria listed in Section 2.4(D)(4)(a) as well as the following: City of Monticello Zoning Ordinance Page 105 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning.Districts Subsection (B) Standards Molicoble to All Business Base Zoning Districts (b) The building shall be at least 200 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building including but not limited to schools, places of public assembly, and community centers. (c) The building shall not cast a shadow on residential structures between the .hours of 9:00 a.m. and 3:00 p.m. Page 106 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.S Business Base Zoning Districts Subsection (C) Neighborhood Business Disrrirt Section 3.5 (C) B-1 Neighborhood Business District t The purpgse of the `13-1" neighborhood business district is to provide for the establishment of local centers for convenient, limited office, retail, or service outlets which deal directly with the customer for whom the goods or services are furnished. These centers are to provide services aid goods only for the surrounding neighborhoods and are not intended to draw customers from the entire community. [11-1] ; Maximum Residential Density through PUD or Performance Standards = 5445 sq. ft. per unit (8.0 units per gross acre) Base Residential Density = 8,000 sq. ft. per unit (5.5 units per gross acre) Base Lot;Area [3-4(A)] • Minimum = 8,000 sq ft. Base Lot;Width [3-4(A)] • Minimum = 80 ft. , ! 9 1 1 i 3 E t I 1 3 t Typical B -I :Lot fonfiguralion E f 1 d E f f t 1 1 I 1 1 f t City of Monticello Typical B-1 Building Types Ordinance Page 107 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (C) Neiehborhood Business District REQUIRED YARDS (in feet) ; Max Height (stories Max Floor Area Max Impervious (% Interior Street ! Ratio FAR of gross lot area) Front Side Side Rear feet) (FAR) 2 stories All Uses 30 15 20 20 30 feet (Reserved) (Reserved) [1]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contingent upon ` strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] ; Accessory S 5 3 B f II neral standards and limitations on accessory structures. ; ■ Structures See ection Oora ge ' ■ k Section 3.3, Common District Requirements Other Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Regulations Section 4. 1, Landscaping and Screening Standards ; to Consult Section 4.5, Signs (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ■ Section 4.1 I, Building Materials 1; 20 foot setback frW a street abutting a side yard 2: Building with commercial business on ftrs# floor and residential units above 3: Renu' Yard Parking lot / 4; zo foot rear yard setbadc for Princ9pal stuctures ""rya Ft�81D,�ya�A1 gAS� DEN5ta7, = 69 _ e UN17�S/A i g:13 foot side yard sethadts on shared kftdor lot lines 6: Single )Family home with an integrated commercial componwt 7.. Detac#ted accessM structure meeting 6 foot side and rear yard setbacks Page 108 , r City of Monticello'Zoning Ordinance Section 3.5 (D) B-2 Limited Business District r The purpose of the "13-2" limited business district is to provide far low intensity retail or service outlets which deal directly with the customer for whom the goods or services are furnished. The uses allowed in this district are to pride goods and services on a limited community market scale and located in areas which are well served by collector or arterial street facilities at the edge of residential districts. [12-1] Maximum Residential Density = Ten (10) dwelling units per gross acre. Base Lot'Area [3-4(A)] • No minimum Base Lot:Width [3-4(A)] • Minimum = 100 ft. , Typical B-2 Lot Configuration . CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (D) B-2: Limited Business District Typical B-2 Building Types pREMI RE g BANKS .1 City of Monticello L:oning Ordinance Page 109 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (D) B-2: Limited Business District i. foo foot minimum lot width, no mk*num depth 2t Financial htstitutlon meeting the required 3o' front yard setback - 3: Minimum 20 foot rear yard setback 11 .� 4: 90 fagot side ywd sb uctLwal �� Setbacks g. b foot separation between lot Imes and parkh%wixe ashes 6. Small combination use building with three conunencial tenants 7. Entry points between uses meet a minimum Qo foot separation & to foot side yard setback Page 110 t � 4 t City of Monticello'Zoning Ordinance REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% Front Interior Street Rear / feet) Ratio (FAR) of gross lot area) Side Side All Uses 30 10 20 20 2 stories (Reserved) 3 ] 0feet [1] ([teserved) [I]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contidgent upon i strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] ; Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures f ' ■ Section 3.3, Common District Requirements Other Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Regulations Section 4. 1, Landscaping and Screening Standards to Consult a Section 4.5, Signs (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ■ Section 4.1 I, Building Materials i. foo foot minimum lot width, no mk*num depth 2t Financial htstitutlon meeting the required 3o' front yard setback - 3: Minimum 20 foot rear yard setback 11 .� 4: 90 fagot side ywd sb uctLwal �� Setbacks g. b foot separation between lot Imes and parkh%wixe ashes 6. Small combination use building with three conunencial tenants 7. Entry points between uses meet a minimum Qo foot separation & to foot side yard setback Page 110 t � 4 t City of Monticello'Zoning Ordinance Section 3.5 (E) B-3 Highway Business District , The purpgse of the `13-3" highway business district is to provide fdr and limit the establishment of motor vehicle , oriented car dependent commercial and service activities. [13-1] F Base Lot,Area [3-4(A)] • No minimum , Base Lot,,Width [3-4(A)] • Min6um =loo ft. , , , , , F , F , F t F i Typical B-3 Lot Configuration CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District Typical B-3 Building Types Vis.,.. , ,,• -,. -.•_ �. 10 City of Monticello Zoning Ordinar--c Page I I I CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (E) B-3: Highway Business District t. 20 foot street side hard setback and 30 foot from yarcl setback } x Hotel a3 a carni orally permitted use Tt 3: co>tmm rclal parking lot broken up by p F landscaping isbindls every z4 spaces Z _ 4: 3ofoot rear yard structural setback ` 5. Car dealership lot exemptfromrehi uhw use area k requirenwiits 6.30 foot front yard structural setback ]. Mlnlmum lot width of loo feet ~""""�+•- . a.10foat h*grlor sle yard setback Page 112 City of Monticelio'Zoning Ordinance • - . .14 0 REQUIRED YARDS (in feet) Max Height (stories Max Floor Area Max Impervious (% I Front Interior Street Rear / feet) Ratio (FAR) of gross lot area) Side , Side 2 stories All Uses 30 10 20 30 30 feet (Reserved) (Reserved) [1]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] Accessory ! See Section 5.3(B) for all general standards and limitations on accessory structures. Structures � • Section 3.3, Common District Requirements Other Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Regulations : ' Section 4. 1, Landscaping and Screening Standards to Consult Section 4.5, Signs (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading a ■ Section 4.1 I, Building Materials i t. 20 foot street side hard setback and 30 foot from yarcl setback } x Hotel a3 a carni orally permitted use Tt 3: co>tmm rclal parking lot broken up by p F landscaping isbindls every z4 spaces Z _ 4: 3ofoot rear yard structural setback ` 5. Car dealership lot exemptfromrehi uhw use area k requirenwiits 6.30 foot front yard structural setback ]. Mlnlmum lot width of loo feet ~""""�+•- . a.10foat h*grlor sle yard setback Page 112 City of Monticelio'Zoning Ordinance Section 3.5 (F) B-4 Regional Business District The purpgse of the "134" 4" regional business district is to provide fdr the establishment of commercial and service activities ;which draw from and serve customers from the entire corilmunity or region. [14-1] Base Lot;Area [3-4(A)] k. • No minimum Base Lot;Width [3-4(A)] • No N�inimum F } } t t t 1 t , i k Typical B-4 ;`Lot Configuration CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (F) Reerional Business Distrirt Typical B-4 Building Types City of Monticello Zoning Ordinance Page 113 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (F) Regional Business District REQUIRED YARDS (in feet) IMax Height (stories Max Floor Area Max Impervious (% Front Interior Street Rear ! feet) Ratio (FAR) of gross lot area) Side Side 2 stories All Uses 0 0 0 0 30 feet (Reserved) (j eserved) [I] 1 [I]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contirigent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] 1 Accessory Structures See Section 5.3(B) for all general standards and limitations on accessory structures. t ■ Section 3.3, Common District Requirements Other Section 3.5(B), Standards Applicable to All Business Base Zoning Districts 3 Regulations Section 4. 1, Landscaping and Screening Standards ; to Consult Section 4.5, Signs (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ■ Section 4.1 I, Building Materials t; Fastfood restaurants with drive through lanes meeting a 6" setback from the property line 2; No initllttui;tl or maximum width or depth requirements in flee B•4 district 3: BN box store with a maximum height of 3o feet without a conditional use permit 4: Mk*nm 40 fieet between, entry points, and 6 parking bays between landscaping Wands that, accommodate psdestdam 5.25 stall maxhymm before landscaping islands are required t 3 'r''� Ivo "''4'�''�•v --`_----- 6. Parking areas stay be shared between two uses if approved by a conditional use permit i Page 114 City of Monticello Zoning Ordinance Section 3.5 g) CCD Central Community District E The purpgse of the "CCD", Central Community Distr is to implement the plans and policies of the Monticel Downtov,;n Revitalization Plan, as that Plan is designs to providi for the establishment and continuation of a traditional downtown area in Monticello's primary commercial core. The district will contain a mix of la uses whit; can compatibly coexist, with requirements based updn enhancement of the district's natural features, Ind mitigation of land use conflicts between differing t ses. All proposed uses in the "CCD" distric will be evaluated against the goals and objectives of tr Monticellp Downtown Revitalization Plan as adopted and as m4y be amended by the City Council. [1413-1] f Maximus Residential Density = 2,420 sq. ft. per uni (18.0 dwglling units per gross acre). [ 1413-6(C)] Base Density = 3000 sq ft of lot area per unit (14.5 un. per gross acre). The number of dwelling units may be increased;up to the allowed maximum for projects whi provide at least half of the required parking uhderground or in above - grade structures such as ramps or decks (including covered at -grade parking afeas). [1413-6(C)] �f i f Base Lot;Area [14B -6(A)] • No minimum , F f Base Lot Width [ 1413-6(13)] • No mAnimum f , f , i f , i 1 a f , Typical CCD Lot Configuration f , , f CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Subsection (G) Central Communitv Dietrirt City of Monticello Zoning Ordinance Page 115 CHAPTER 3: ZONING DISTRICTS Section 3.5 Business Base Zoning Districts Suhsertion tG) Central Communitv District TABLE 3-14: CCD DEVELOPMENT STANDARDS [1] Page 116 City of Monticello Zoning Ordinance REQUIRED YARDS (in feet) Max Floor Area Max Impervious (% Interior Street Height (stories / feet) Front Rear Ratio FAR of gross lot area (FAR) g ) Side Side Minimum: 15 feet All Uses [2] Maximum: (Reserved) (Reserved) 3 stories / 35 feet ' (whichever is greater) [3] ' [1]: All areas of a parcel within the "CCD" district shall be subject to the applicable recommendations of the Downtown Revitalization Plan. Site improvements shall be reviewed for compliance by City staff and/or the Planning Commission together with other design elements, including architecture and signage. (I4B- 6(F)] shall reflect the recommendations for the use aid location as [2]: Building setback minimums and maximums listed in the Downtown Revitalization Plan. Where setbacks as discussed in the Downtown Revitalization Plan are not listed or appropriate, there shall be no building setbacks requirgd. In such cases, there shall be no parking allowed in the areas between the front building line and the public street. [ 14B -6(E)] [3]: Building height may be allowed to exceed the established maximum if authorized by condiponal use permit. [14B-5(1)] Accessory Structures I ■ See Section 5.3(B) for all general standards and limitations on accessory structures. { All areas of a parcel within the "CCD" district shall be subject to the applicable recommedclations of the Additional Downtown Revitalization Plan. Site improvements shall be reviewed for compliance by City staff and/or Regulations the Planning Commission together with other design elements, including architecture and Signage. ■ Section 3.3, Common District Requirements ■ Section 3.5(B), Standards Applicable to All Business Base Zoning Districts Other Section 3.7(1), CCD Residential Overlay District t Regulations Section 4. 1, Landscaping and Screening Standards to Consult Section 4.5, Signs = (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ' ■ Section 4.1 I, Building Materials ■ Section 5.2(C)(2)(d), Multi -family Residential Regulations ' Page 116 City of Monticello Zoning Ordinance City Code Title 4, Ch 1: International Building Code CUP Review Criteria: Section 2.4(D)(4)(a) CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (C) Standards Applicable to All Industrial Base Zoning Districts 3.6 Industrial Base Zoning Districts (B) General Purpose The industrial base zoning districts established in this section are intended to provide locations for the retention, expansion and creation of businesses that provide jobs for Monticello residents and expansion and diversification of the property tax base. More specifically, these districts are intended to: (1) Provide locations for industrial development in the areas of manufacturing, processing, warehousing, distribution and related businesses consistent with the comprehensive plan; (2) Allow non -industrial support businesses in industrial areas; (3) Strengthen the City's economic base, and provide employment opportunities close to home for residents of the City; (4) Attract new investment in desired locations; (5) Create suitable environments for industrial uses, and protect them from the adverse effects of incompatible uses; (6) Minimize the impact of industrial development on residential districts and uses. (C) Standards Applicable to All Industrial Base Zoning Districts (1) Condominiums (a) Industrial structures may be divided for the purpose of condominium ownership. (b) Condominiums shall be designed to meet the International Building Code as adopted in Title 4, Chapter 1 of the Monticello City Code. (2) Multi -Story Buildings Applications for a conditional use permit to exceed the maximum heights allowed in Section 3.6 shall be subject to the general CUP review criteria listed in Section 2.4(D)(4)(a) as well as the following: (a) The building shall be at least 200 feet from any parcel that is zoned residential and used or subdivided for residential use, or has an occupied institutional building including but not limited to schools, places of public assembly, and community centers. City of Monticello Zoning Ordinance Page 117 CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (C) Standards Applicable to All Industrial Base Zoning Districts (b) The building shall not cast a shadow on residential structures between the hours of 9:00 a.m. and 3:00 p.m. Page 118 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (C) Industrial and Business Campus Oktrirt Section 3.5 (C) 113CIndustrial and Business Campus District The purpose of the "IBC" industrial business campus district is to prov}de for the establishment of limited light industrial business offices, limited light manufacturing, wholesale showrooms and related uses in an environment which provides A high level of amenities, including landscaping, preservation of natural features, architectural controls, and other features. Base Lot:Area [15-A5(G)] • Minithum = 8.000 sn fr Typical IBC Building Types City of Monticello Zoning Ordinance Page 119 CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (C) Industrial and Business Campus District TABLE 3-15: IBC DEVELOPMENT STANDARDS u Lots must be a minimum s®o feet wide and more than Ow square feet in total size 2: pnxd yard and side street setbacks of 50 feet are required 3s High amenities and natural features ato h%blight •� 1' _ .30' Max Ht. re -- �opraiCaat in IBC ..................... .:—ep �l 0>r`3�.:�- 3 4: Maximum structure height of 3a fee unless admwise authorized by `'----� conditional use permit 5.30 foot h1tedkaa'side yard setbacks required 6. Landscaped parWg islands required every 24 spaces in the IBC district 7. ParkMg areas set back a minimum cf 6 feet ftem property lines Page 120 ,5 A• Too, N r ; City of Monticello Zoning Ordinance REQUIRED YARDS (in feet) (1] Max Height (stories Max Floor Area Max Impervious (% Interior Street I Rear Front ! feet) Ratio (FAR) of gross lot area) Side Side 2 stories All Uses 50 30 50 40 30 feet (Reserved) (Reserved) [2] r [I]: When any yard abuts a zoning district other than I -I or 1-2, the setbacks for the abutting yard must be 50 feet. ' [2]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contingent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] r Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures Additional In the IBC district, every effort shall be made to preserve natural ponding areas and features of the land r Regulations to create passive open space. [15A -5(F)] ■ Section 3.3, Common District Requirements Other Section 3.6(B), Standards Applicable to All Industrial Base Zoning Districts Regulations Section 4. 1, Landscaping and Screening Standards 5 to Consult Section 4.5, Signs ; (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ' ■ Section 4.1 1, Building Materials u Lots must be a minimum s®o feet wide and more than Ow square feet in total size 2: pnxd yard and side street setbacks of 50 feet are required 3s High amenities and natural features ato h%blight •� 1' _ .30' Max Ht. re -- �opraiCaat in IBC ..................... .:—ep �l 0>r`3�.:�- 3 4: Maximum structure height of 3a fee unless admwise authorized by `'----� conditional use permit 5.30 foot h1tedkaa'side yard setbacks required 6. Landscaped parWg islands required every 24 spaces in the IBC district 7. ParkMg areas set back a minimum cf 6 feet ftem property lines Page 120 ,5 A• Too, N r ; City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (D) 1- 1: Light Industrial District Section 3.6 (D) I-1 Light Industrial District City of Monticello Zoning Ordinance Page 121 CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (D) 1-1: Light Industrial District t • REQUIRED YARDS (in feet) [I] Max Height (stories Max Floor Area Max Impervious (% Front Interior Street Rear / feet) Ratio (FAR) of gross lot area) Side SideAll Uses 30 15 30 15 30 feories (Reserved) (j eserved) [ I ]: When any yard abuts a zoning district other than I- I or 1-2, the setbacks for the abutting yard must be 50 feet. [2]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contitjgent upon j strict adherence to fire safety code provisions as specified by the International Building Cdde as adopted j in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] ' t Accessory See Section 5.3(B) for all general standards and limitations on accessory structures. Structures ■ Section 3.3, Common District Requirements Other Section 3.6(B), Standards Applicable to All Industrial Base Zoning Districts t Regulations Section 4. 1, Landscaping and Screening Standards ; to Consult Section 4.5, Signs (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ■ Section 4.1 I, Building Materials t t 1 t i i f 1: MkgmWn street side yard setback of 30 feet. sr MINIMUM---,. _ _ 6 20,Oop sp MINIMUiy-•---_..i, Mimlmunnf mtyard setndt of 30 feet 3: llfiinimum lot width of wo Beet 4' 7 4: Llgfik umufacwrtng' phift as a pershhilttedhhse 5: Intedor side yard setbacks of 15 feet ¢: Mlnimhahh lot size Of 20,000 sghtare feet CIO' wtt►atwtut„t t T Rear yard setba * of 1g feet. Page 122 City of Monticelio'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (E) 1-2: Heavy Industrial District Section 3.6 (E) I-2 Heavy Industrial District City of Monticello ,honing Ordinance Pzi ;c 123 CHAPTER 3: ZONING DISTRICTS Section 3.6 Industrial Base Zoning Districts Subsection (E) 1-2: Heavy Industrial District , REQUIRED YARDS (in feet) [I] Max Height (stories Max Floor Area Max Impervious (% Front Interior Street Rear I feet) Ratio (FAR) of gross lot area) Side Side All Uses 30 15 30 ( 15 2 stories (Reserved) (Reserved) 30 feet [2] , [I]: When any yard abuts a zoning district other than I -I or 1-2, the setbacks for the abutting y$rd must be 50 feet. ; [2]: Multi -story buildings may be allowed as a conditional use pursuant to section 2.4(D) contir gent upon strict adherence to fire safety code provisions as specified by the International Building Code as adopted in Title 4, Chapter I of the Monticello City Code. [3-4(A paragraph 7)(2)] Accessory I; Structures ! See Section 5.3(B) for all general standards and limitations on accessory structures. , ■ Section 3.3, Common District Requirements ; Other Section 3.6(B), Standards Applicable to All Industrial Base Zoning Districts Regulations Section 4. 1, Landscaping and Screening Standards to Consult Section 4.5, Signs ' (not all Section 4.8, Off -Street Parking inclusive) Section 4.9, Off -Street Loading ' ■ Section 4.1 I, Building Materials , , t: Minimum front yard setback of 30 feet _— ----_-30000 SF y, L, More than two stories may be permitted in the 1-2 rpt if approved by conditional use permit. 1"- 3: Outdoor storage must be fully screened �� 0 i q: Minimum 50' setback from any ~ 11:' lot the abutting a zoning dhbtt other than I -t or 1-2 zl 4a Fes. Page 124 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District E , P , 3.7 Overlay Zoning Districts t , ' 1 I E (A) General Purpose 1 i t , E ; Overlay zoning districts are superimposed over portions of one or more base zoning t , t , districts in order to introduce additional zoning requirements necessary to address a specific issue. t p I I 1 , (B) Relationship to Base Zoning Districts (1) Regulations governing development in an overlay zoning district shall apply in addition to the regulations governing development in the underlying base zoning district unless expressly stated otherwise in these regulations. 1 t Section 1.7(Q: Conflicts Between (2) Conflicts between overlay district standards and other standards in this ordinance Standards in this shall be resolved as outlined in Section 1.7(C). Ordinance (C) FP: Floodplain District (1) Statutory Authorization, Findings of Fact and Purpose: [18-1] (a) Statutory Authorization The legislature of the State of Minnesota has, in Minnesota Statutes, Chapter 103F and 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows: [18-1(A)] (b) Finding of Fact: [18-1(B)] (i) The flood hazard areas of Monticello, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. [18-1(B)(1)] (ii) Methods Used to Analyze Flood Hazards. The Floodplain District is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. [18-1(B)(2)] City of Monticello Zoning Ordinance Page 125 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (iii) National Flood Insurance Program Compliance. The Floodplain District is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 - 78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. (c) Statement of Purpose: The purpose of the Floodplain District is to promote the public health, safety, and general welfare and to minimize those losses described in Section 3.7(C)(1)(b)(i) by provisions contained herein. [ 18-1(C)] (2) General Provisions: [18-2] (a) Lands to which the Floodplain District Applies The provisions of Section 3.7(C) shall apply to all lands within the jurisdiction of Monticello shown on the official floodplain overlay district map and/or the attachments thereto as being located within the boundaries of the floodway, flood fringe, or general flood plain districts. [18-2(A)] (b) Establishment of the official Floodplain Overlay District map The official floodplain overlay district map together with all materials attached thereto is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the City of Monticello prepared by the Federal Insurance Administration dated November 1, 1979 and August 4, 1988, the Flood Boundary and Floodway Map dated November 1979, and the Flood Insurance Rate Map dated November 1979 therein. The official floodplain overlay district map shall be on file in the office of the City Administrator and/or the Community Development Department. [18-2(B)] (c) Regulatory Flood Protection Elevation The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. [18-2(C)] Page 126 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (d) Interpretation: [18-2(D)] (i) In their interpretation and application, the provisions of the floodplain overlay district shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. [18-2(D)(1)] (ii) The boundaries of the floodplain overlay district shall be determined by scaling distances on the official floodplain overlay district map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Community Development Department, the Board of Adjustment shall make the necessary interpretation in accordance with the provisions of this ordinance. All decisions will be based on elevations on the regional (100 - year) flood profile, the ground elevations that existed on the site at the time the Community adopted its initial floodplain ordinance or on the date of the first National Flood Insurance Program map showing the area within the 100 -year floodplain if earlier, and other available technical data. Persons contesting the location of the district boundaries shall be given a reasonable opportunity to present their case to the Board of Adjustment and to submit technical evidence. [18-2(D)(2)] (e) Abrogation And Greater Restrictions It is not the intent of the floodplain overlay district to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this overlay district imposes greater restrictions, the provisions of this district shall prevail. [ 18-2(E)] (f) Warning And Disclaimer Of Liability This overlay district does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This overlay district shall not create liability on the part of the City of Monticello or any officer or employee thereof for any flood damages that result from reliance on this overlay district or any administrative decision lawfully made thereunder. [18-2(F)] City of Monticello Zoning Ordinance Page 127 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (g) Annexations The Flood Insurance Rate Map panels adopted by reference into Section 3.7(C)(2)(b) above may include floodplain areas that lie outside of the corporate boundaries of the City of Monticello at the time of adoption of this ordinance. If any of these floodplain land areas are annexed into the City of Monticello after the date of adoption of this ordinance, the newly annexed floodplain lands shall be subject to the provisions of this ordinance immediately upon the date of annexation into the City of Monticello. (3) Establishment of Zoning Districts: [18-3] (a) Districts: [18-3(A)] (i) FLOODWAY DISTRICT: The floodway district shall include those areas designated as floodway on the official Floodplain Overlay District map adopted in Section 3.7(C)(2)(b). [18-3(A)(1)] (ii) FLOOD FRINGE DISTRICT: The flood fringe district shall include those areas designated as floodway fringe on the official Floodplain Overlay District map adopted in Section 3.7(C)(2)(b). [18-3(A)(2)] (iii) GENERAL FLOOD PLAIN DISTRICT: The General Flood Plain District shall include those areas designated as Zone A on the Flood Insurance Rate Map adopted in Section 3.7(C)(2)(b) and those areas designated as Zones Al -30, A0, or AH on the Flood Insurance Rate Map where a floodway/flood fringe boundary has not been designated on the Flood Boundary and Floodway Map adopted in Section 3.7(C)(2)(b). (b) Compliance: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terns of this overlay district and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the Floodway Flood Fringe and General Floodplain Districts, all uses not listed as permitted uses or conditional uses in Section 3.7(C), subsections 4, 5, and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: [ 18-3(B)] (i) New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance and Section 3.7(C)(8); [18-3(B)(1)] Page 128 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District (ii) Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance outlined in Chapter 6; and[18-3(B)(2)] (iii) As -built elevations for elevated or flood -proofed structures must be certified by ground surveys, and flood -proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance. [18-3(B)(3)] (4) Floodway District (FV) [18-4] (a) Permitted Uses: [I 8-4(A)] (i) Agricultural: General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. [18-4(A)(1)] (ii) Industrial and Commercial: loading areas, parking areas, and airport landing strips. [18-4(A)(2)] (iii) Private and Public Recreational Uses: golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. [18-4(A)(3)] (iv) Residential uses: lawns, gardens, parking areas, and play areas. [18- 4(A)(4)] (b) Standards for Floodway Permitted Uses: [I 8-4(B)l (i) The use shall have a low flood damage potential. [18-4(B)(1)] (ii) The use shall be permissible in the underlying zoning district if one exists. [ 18-4(B)(2)] (iii) The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment. [18-4(B)(3)] (c) Conditional Uses: [18-4(C)] (i) Structures accessory to the uses listed in Section 3.7(C)(4)(a) above and subsections (ii) through (viii) below; [18-4(C)(1)] (ii) Extraction and storage of sand, gravel, and other materials. [I 8-4(C)(2)] (iii) Marinas, boat rentals, docks, piers, wharves, and water control structures. [18-4(C)(3)] City of Monticello Zonin? Ordinance Page 129 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (iv) Railroads, streets, bridges, utility transmission lines, and pipelines. [18- 4(C)(4)] (v) Storage yards for equipment, machinery, or materials. [I 8-4(C)(5)] (vi) Placement of fill or construction of fences. [ 18-4(C)(6)] (vii) Recreational vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions outlined in this ordinance. [18- 4(C)(7)] (viii) Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees, or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. [18-4(C)(8)] (d) Standards for Floodway Conditional Uses: [ 18-4(D)] (i) ALL USES. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. [18- 4(D)(1)] (ii) All floodway conditional uses shall be subject to the review procedures outlined in Sections 2.4(D) and 3.7(C)(9)(d) of this ordinance. [18- 4(D)(2)] (iii) The conditional use shall be permissible in the underlying zoning district if one exists. [18-4(D)(3)] (iv) FILL: [18-4(D)(4)] 1. Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. [I 8 -4(1))(4)(a)] 2. Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. [184(D)(4)(b)] Page 130 City of Monticello Zoning Ordinance CHAPTER 3. ZONING DISTRICTS Section 3.7 Overlay Zoning Districts _Subsection (C) FP: Floodplain District 1 R , R , — 3. As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use 1 , permit must be title registered with the property in the office of the county recorder. [I84(13)(4)(c)] 1 , (e) Accessory Structures: [18-4(D)(5)] 4 (i) Accessory structures shall not be designed for human habitation. [ 18- ' t , 4(13)(5)(a)] (ii) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. [18-4(D)(5)(b)] 1. Whenever possible, structures shall be constructed with the E longitudinal axis parallel to the direction of flood flow, and [18- 4(13)(5)(b)(i)] 2. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. [18- 4(D)(5)(b)(ii)] ! , (iii) Accessory structures shall be elevated on fill or structurally dry flood - proofed in accordance with the FP -1 or FP -2 flood -proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood -proofed to the FP -3 or FP -4 flood -proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size ' t , at its largest projection, and for a detached garage, the detached garage t must be used solely for parking of vehicles and limited storage. All t flood -proofed accessory structures must meet the following additional standards: [18-4(D)(5)(c)] 1. The structure must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and [18- f 4(D)(5)(c)(i)] 2. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly � f flood -proofed. [18-4(13)(5)(c)(ii)] 1 ! 1 1 1 � t i t City of Monticello' Zoning Ordinance Page 131 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District 3. To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic' openings in the outside walls of the structure having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding. There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. (f) Storage Of Materials And Equipment [18-4(D)(6)] (i) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. [I 8-4(D)(6)(a)] (ii) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body. [18- 4(D)(6)(b)] (g) Structural Works Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statutes, Chapter 103G. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. [18-4(D)(7)] (h) Dikes, Levees, and Floodwalls A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood, and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. [18- 4(D)(8)] (i) Garbage and Solid waste disposal (i) Garbage and solid waste disposal sites may not be located in floodway areas. (ii) There shall be no further encroachment upon the floodway at existing sites. Page 132 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District (5) Flood Fringe District (FF) [18-5] (a) Permitted Uses Pennitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe provided such use does not constitute a public nuisance. All permitted uses shall comply with the standards for flood fringe "permitted uses" listed in Section 3.7(C)(5)(b) and Section 3.7(C)(5)(e). [18-5(A)] (b) Standards for Flood Fringe Permitted Uses: [18-5(B)] (i) All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than two (2) feet above the regulatory flood protection elevation, and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. [18-5(B)(1)] (ii) As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet at its largest projection may be internally flood -proofed in accordance with Section 3.7(C)(4)(e)(iii). [18-5(B)(2)] (iii) The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section 3.7(C)(5)(b)(i) above. [18-5(B)(3)] (iv) The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. [18-5(B)(4)] (c) Conditional Uses Any structure that is not elevated on fill or flood -proofed in accordance with Sections 3.7(C)(5)(b)(i) or 3.7(C)(5)(b)(ii) above, or any use of land that does not comply with the standards in Sections 3.7(C)(5)(b)(iii) or 3.7(C)(5)(b)(iv) shall only be allowable as a conditional use. An application for a conditional uses shall be subject to the standards and criteria and evaluation procedures specified in Sections 2.4(D) and 3.7(C)(9)(d) of this ordinance. [18-5(C)] City of Monticef'o Zoning Ordinance Page 133 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District (d) Standards For Flood Fringe Conditional Uses [18-5(D)] (i) Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck -under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: [18-5(D)(1)] 1. The enclosed area is above grade on at least one side of the structure; [18-5(D)(1)(a)] 2. Is designed to internally flood and is constructed with flood resistant materials; [18-5(D)(1)(b)] 3. Is used solely for parking of vehicles, building access, or storage. The above -noted alternative elevation methods are subject to the following additional standards: [18-5(D)(1)(c)] a. Design and Certification --The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating ventilation, plumbing, and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. [18-5(D)(1)(c)(i)] b. Specific Standards for Above -Grade, Enclosed Areas--Above- grade, fully enclosed areas such as crawl spaces or tuck -under garages must be designed to internally flood, and the design plans must stipulate: [18-5(D)(1)(c)(ii)] i. The minimum area of opening in the walls where internal flooding is to be used as a flood -proofing technique. There shall be a minimum of two openings on at least two sides of the structure and the bottom of all openings shall be no higher than one foot above grade. The automatic openings shall have a minimum net area of not less than one square inch for every square foot of enclosed area subject to flooding unless a registered professional engineer or architect certifies that a smaller net area would suffice. The automatic openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and Page 134 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District exit of flood waters without any form of human intervention; and [18-5(D)(1)(c)(ii)(aa)] ii. That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage. [ 18- 5(D)(1)(c)(ii)(bb)] (ii) Basements, as defined by this ordinance, shall be subject to the following: [18-5(D)(2)] 1. Residential basement construction shall not be allowed below the regulatory flood protection elevation. [18-5(D)(2)(a)] Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood - proofed in accordance with the provisions of Section 3.7(C)(5)(d)(iii) below. [18-5(D)(2)(b)] (iii) All areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood -proofed in accordance with the structurally dry flood -proofing classifications in the State Building Code. Structurally dry flood -proofing must meet the FP -1 or FP -2 flood -proofing classification in the State Building Code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood -proofed to the FP -3 or FP -4 classification shall not be permitted. [18-5(D)(3)] (iv) When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state - approved shoreland management ordinance. In the absence of a state - approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. [18-5(D)(4)] City of Monticello Zoning Ordinance Page 135 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (v) Storage Of Material And Equipment: [18-5(D)(5)] 1. The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. [I 8 -5(1))(5)(a)] 2. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body. [18-5(D)(5)(b)] (vi) The provisions of Section 3.7(C)(5)(e) below shall also apply. [ 18- 5(D)(6)] (e) Standards For All Flood Fringe Uses: [18-5(E)] (i) All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the structure for times of flooding and only after determining that adequate flood warning time and local flood emergency response procedures exist. [18-5(E)(1)] (ii) COMMERCIAL USES: Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be inundated to a depth and velocity such that when multiplying the depth (in feet) times velocity (in feet per second) the product number exceeds four (4) upon occurrence of the regional flood. [18-5(E)(2)] (iii) MANUFACTURING AND INDUSTRIAL USES: Measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 3.7(C)(5)(e)(ii) above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. [18-5(E)(3)] Page 136 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District (iv) Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation--FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. [18-5(E)(4)] (v) Floodplain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. [18-5(E)(5)] (vi) Standards for recreational vehicles are contained in Section 3.7(C)(8). [18-5(E)(6)] (vii) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. [18-5(E)(7)] (viii) Waste Treatment and Waste Disposal a. No new construction, addition, or modification to existing waste treatment facilities shall be permitted within the flood fringe unless emergency plans and procedures for action to betaken in the event of flooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the flood waters. b. There shall be no disposal of garbage or solid waste materials within flood fringe areas except upon issuance of a conditional use permit for sites approved by the Minnesota Pollution Control Agency, provided there will be no further encroachment on the floodway. City of Monticello Zoning Ordinance Page 137 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (6) General Flood Plain District (a) Permissible Uses: (i) The uses listed in Section 3.7(C)(4)(a) shall be permitted uses. (ii) All other uses shall be subject to the floodway/flood fringe evaluation criteria pursuant to Section 3.7(C)(6)(b) below. Section 3.7(C)(4) shall apply if the proposed use is in the Floodway District and Section 3.7(C)(5' shall apply if the proposed use is in the Flood Fringe District. (b) Procedures for Floodway and Flood Fringe Determinations within the General Flood Plain District (i) Upon receipt of an application for a permit or other approval within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Zoning Administrator for the determination of the regulatory flood protection elevation and whether the proposed use is within the Floodway or Flood Fringe District. 1. A typical valley cross-section(s) showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross- sectional areas to be occupied by the proposed development, and high water information. 2. Plan (surface view) showing elevations or contours of the ground, pertinent structure, fill, or storage elevations, the size, location, and spatial arrangement of all proposed and existing structures on the site, and the location and elevations of streets. 3. Photographs showing existing land uses, vegetation upstream and downstream, and soil types. 4. Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. Page 138 City of -Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (ii) The applicant shall be responsible to submit one copy of the above information to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the Floodway or Flood Fringe District and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations 1983, Parts 6120.5000 - 6120.6200 and 44 Code of Federal Regulations Part 65 shall be followed in this expert evaluation. The designated engineer or expert is strongly encouraged to discuss the proposed technical evaluation methodology with the respective Department of Natural Resources' Area Hydrologist prior to commencing the analysis. The designated engineer or expert shall: 1. Estimate the peak discharge of the regional flood. 2. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. 3. Compute the floodway necessary to convey or store the regional flood without increasing flood stages more than 0.5 foot. A lesser stage increase than .5' shall be required if, as a result of the additional stage . increase, increased flood damages would result. An equal degree of encroachment on both sides of the stream within the reach shall be assumed in computing floodway boundaries. (iii) The Zoning Administrator shall present the technical evaluation and findings of the designated engineer or expert to the Governing Body. The Governing Body must formally accept the technical evaluation and the recommended Floodway and/or Flood Fringe District boundary or deny the permit application. The Governing Body, prior to official action, may submit the application and all supporting data and analyses to the Federal Emergency Management Agency, the Department of Natural Resources or the Planning Commission for review and comment. Once the Floodway and Flood Fringe District Boundaries have been determined, the Governing Body shall refer the matter back to the Zoning Administrator who shall process the permit application consistent with the applicable provisions of Section 3.7(C)(4) and Section 3.7(C)(5) of this ordinance. (7) Subdivision s [18-7] This section is not intended as a substitute for the City's subdivision ordinance, but rather as a supplement to introduce necessary flood plain management provisions during a subdivision. [18-9(B)(paragraph 2)]. City of Monticello Zoning Ordinance Paae 139 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (a) Review Criteria: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the flood plain districts shall be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance and have road access both to the subdivisions and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the Floodway and Flood Fringe District boundaries, the regulatory flood protection elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. [18-7(A)] (b) Floodway/Flood Fringe Determinations in the General Flood Plain District: In the General Flood Plain District, applicants shall provide the information required in Section 3.7(C)(6)(b) of this Ordinance to determine the 100 -year flood elevation, the Floodway and Flood Fringe District boundaries and the regulatory flood protection elevation for the subdivision site. (c) Removal Of Special Flood Hazard Area Designation: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. [I 8-7(B)] (8) Public Utilities, Railroads, Roads, and Bridges: [18-8] (a) Public Utilities All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood -proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. [18-8(A)] Page 140 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP Floodplain District (b) Public Transportation Facilities Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 3.7(C)(4) and 3.7(C)(5) of this ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. [18-8(B)] (c) On -Site Sewage Treatment and Water Supply Systems Where public utilities are not provided: [18-8(C)] (i) On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and [18-8(C)(1)] (ii) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. [18-8(C)(2)] (9) Manufactured Homes and Manufactured Home Parks and Placement of Travel Trailers and Travel Vehicles: [18-9] (a) New manufactured home parks and expansions to existing manufactured home parks shall be subject to the provisions placed on subdivisions by Section 3.7(C)(7) of this ordinance. [18-9(A)] (b) The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with Section 3.7(C)(5) of this ordinance. If vehicular road access for pre-existing manufactured home parks is not Provided in accordance with Section 3.7(C)(5)(e)(i), then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body. [ 18- 9(B)(paragraph 1)] (i) All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. [18-9(B)(1)(paragraph 1)] City of Monticello Zoning Ordinance Page 141 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (ii) Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. [18-9(B)(1)(paragraph 2)] (c) Recreational vehicles that do not meet the exemption criteria specified in Section 3.7(C)(8)(c)(i) below shall be subject to the provisions of this ordinance and as specifically spelled out in Sections 3.7(C)(8)(c)(ii) and 3.7(C)(8)(c)(ii) below: [18-9(C)] (i) Exemption: Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the areas listed in Section 3.7(C)(8)(c)(ii) below and further, they meet the following criteria: [18-9(C)(1)] 1. Have current licenses required for highway use. [18-9(C)(1)(a)] 2. Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks, and the recreational vehicle has no permanent structural type additions attached to it. [18-9(C)(1)(b)] 3. The recreational vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. [18-9(C)(1)(c)] (ii) Areas Exempted For Placement of Recreational Vehicles: 1. Individual lots or parcels of record. 2. Existing commercial recreational vehicle parks or campgrounds. 3. Existing condominium type associations. (iii) Recreational vehicles exempted by Section 3.7(C)(8)(c)(i) above lose this exemption when development occurs on the parcel exceeding five hundred dollars ($500.00) for a structural addition to the recreational vehicle or an accessory structure such as a garage or storage building. The recreational vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in Sections 3.7(C)(4) and 3.7(C)(5) of this ordinance. There shall be no development or improvement on the parcel or attachment to the recreational vehicle that hinders the removal of the recreational vehicle to a flood -free location should flooding occur. [18-9(C)(3)] Page 142 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP. • Floodplain District (iv) New commercial recreational vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: [18-9(C)(4)] 1. Any new or replacement recreational vehicle will be allowed in the Floodway or Flood Fringe Districts provided said recreational vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 3.7(C)(5)(e)(i) of this ordinance. No fill placed in the floodway to meet the requirements of this section shall increase flood stages of the 100 -year or regional flood. [18- 9(C)(4)(a)] 2. All new or replacement recreational vehicles not meeting the criteria of (1) above may, as an alternative, be allowed as a conditional use if approved in accordance with the following provisions and the other tenns of this ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 - year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to cavy out the evacuation, and shall demonstrate the provisions of Sections 3.7(C)(9)(c)(i)(1) and 3.7(C)(9)(c)(i)(2) of this ordinance will be met. All attendant sewage and water facilities for new or replacement recreational vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 3.7(C)(8)(c) of this ordinance. [ 18-9(C)(4)(b)] (10) Administration: [18-10] (a) Community Development Department The Community Development Department shall administer and enforce this ordinance in accordance with provisions of Chapter 7. [18-10(A)] City of Monticello Zoning Ordinance Page 143 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (b) Permit Requirements: [18-10(13)] (i) Permit Required. A permit issued by the Community Development Department in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, modification, rehabilitation (including normal maintenance and repair), or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to construction of a dam, fence, or on- site septic system; prior to the change or extension of a non -conforming use; prior to the repair of a structure that has been famaged by flood, fire, tornado, or any other source; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. [18-10(B)(1)] (ii) Application for Permit. Application for a permit shall be made to the Community Development Department in compliance with forms furnished by the Community Development Department and shall include the following where applicable: plans drawn to scale, showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. (iii) State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit, interim use permit or variance, the Community Development Department shall determine that the applicant has obtained all necessary state and federal permits. [18-. 10(B)(3)] (iv) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Community Development Department stating that the use of the building or land conforms to the requirements of this ordinance. [18-10(B)(4)] (v) Construction and Use to be as Provided on Applications, Plans, Permits, Variances, and Certificates of Zoning Compliance. Permits, conditional use permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by Chapter 7 of this ordinance. [18-10(13)(5)] Page 144 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP. • Floodplain District (vi) Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood -proofing measures shall be certified by a registered professional engineer or registered architect. [18-10(B)(6)(paragraphs 1 & 2] (vii) Record of First Floor Elevation. The Community Development Department shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Community Development Department shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood proofed. [18- 10(B)(7)] (viii) Notifications for Watercourse Alterations. The Zoning Administrator shall notify, in riverine situations, adjacent communities and the Commissioner of the Department of Natural Resources prior to the community authorizing any alteration or relocation of a watercourse. If the applicant has applied for a permit to work in the beds of public waters pursuant to Minnesota Statute, Chapter 103G, this shall suffice as adequate notice to the Commissioner of Natural Resources. A copy of said notification shall also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). (ix) Notification to FEMA When Physical Changes Increase or Decrease the 100 -year Flood Elevation. As soon as is practicable, but not later than six (6) months after the date such supporting information becomes available, the Community Development Department shall notify the Chicago Regional Office of FEMA of the changes by submitting a copy of said technical or scientific data. (c) Variances Variances shall be reviewed under the provisions outlined in Section 2.4(C) with the following additional requirements: (i) No variance shall have the effect of permitting a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. [18- 10(C)]& [18-IO(C)(3)] (ii) At least ten days prior to the public hearing for the variance, the Community Development Department shall submit by mail a copy of the application to the Commissioner of Natural Resources for review and comment. [18-10(C)(4)] City of Monticello Zoning Ordinance Page 145 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (iii) A copy of all decisions granting variances to floodplain regulations shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. [18-10(C)(5)] (iv) Appeals from variance decisions on floodplain issues may be made in accordance with the provisions of Section 2.4(H) and also Minnesota Statutes. [18-10(C)(6)] (v) Flood Insurance Notice and Record Keeping. The Community Development Department shall notify the applicant for a variance that: [18-10(C)(7)] 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and [18-10(C)(7)(a)] 2. Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. [18-10(C)(7)(b)] (d) Conditional and Interim Uses Conditional use permits for uses or structures within the floodplain shall be reviewed under the provisions outlined in Section 2.4(D), and interim use permits for uses or structures within the floodplain shall be reviewed under the provisions outlined in Section 2.4(E), with the following additional requirements: (i) At least ten days prior to the public hearing for the conditional or interim use permit, the Community Development Department shall submit by mail a copy of the application to the Commissioner of Natural Resources for review and comment. [18-10(D)(1)] (ii) In passing upon conditional or interim use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance, and: [18-10(D)(4)] 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. [18-10(D)(4)(a)] 2. The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. [18-10(D)(4)(b)] Page 146 City of Monticello Zoning Ordinonce CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP.Floodplain District 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. [18-10(1))(4)(c)] 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. [18- 1 0(13)(4)(d)] 5. The importance of the services provided by the proposed facility to the community. [18-10(D)(4)(e)] 6. The requirements of the facility for a waterfront location. [ 18- 10(D)(4)(f)] 7. The availability of alternative locations not subject to flooding for the proposed use. [18-10(D)(4)(g)] 8. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. [18-10(1))(4)(h)] 9. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. [18-10(1))(4)(i)] 10. The safety of access to the property in times of flood for ordinary and emergency vehicles. [18-10(D)(4)0)] 11. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. [18-10(D)(4)(k)] 12. Such other factors which are relevant to the purposes of this ordinance. [18-10(D)(4)(1)] (iii) A copy of all decisions granting conditional or interim use permits in the floodplain district shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. [18-10(D)(2)] (11) Non -Conforming Uses: [18-11] (a) A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in confonnity with the provisions of this ordinance may be continued subject regulations in Chapter 6 of this ordinance. [18-11(A)] (i) No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. City of Monticello honing Ordinance Page 147 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP: Floodplain District (ii) Any structural alteration or addition to a non -conforming structure or non- conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the Regulatory Flood Protection Elevation in accordance with any of the elevation on fill or flood -proofing techniques (i.e., FP -1 thru FP -4 flood -proofing classifications) allowable in the State Building Code, except as further restricted in subdivisions (iii) and (vi) below [ 18-1. l (A)(2)] (iii) The cost of all structural alterations or additions to any nonconforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this Section are satisfied. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of the structure, then the structure must meet the standards of Sections 3.7(C)(4) and 3.7(C)(5) of this Ordinance for new structures depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. (iv) If any nonconforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Ordinance. The Assessor shall notify the Zoning Administrator in writing of instances of nonconforming uses that have been discontinued for a period of 12 months. (v) If any nonconforming use or structure is substantially damaged, as defined by this Ordinance, it shall not be reconstructed except in conformity with the provisions of this Ordinance. The applicable provisions for establishing new uses or new structures in Sections 3.7(C:), subdivisions (4), (5) and (6), will apply depending upon whether the use or structure is in the Floodway, Flood Fringe or General Flood Plain District, respectively. (vi) If a substantial improvement occurs, as defined by this Ordinance, from any combination of a building addition to the outside dimensions of the existing building or a rehabilitation, reconstruction, alteration, or other improvement to the inside dimensions of an existing nonconforming building, then the building addition and the existing nonconforming building must meet the requirements of Sections 3.7(C)(4) or 3.7(C)(5) of this Ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. Page 148 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FP. • Floodplain District (12) Penalties for Violation: [18-12] (a) Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional/interim uses) shall constitute a misdemeanor and shall be punishable as defined by law. [ 18- 12(A)] (b) Nothing herein contained shall prevent the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: [18-12(B)] (i) In responding to a suspected ordinance violation, the Community Development Department and local government may utilize the full array of enforcement action available to it, including, but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. [18-12(B)(1)] (ii) When an ordinance violation is either discovered by or brought to the attention of the Community Development Department, the Community Development Department shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this infonnation will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. [ 18-12(B)(2)] (iii) The Community Development Department shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Community Development Department may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Community Development Department may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after -the -fact permit/development approval within a specified period of time not to exceed 30 days. [18-12(B)(3)] City of Montice3o Zon ng Ordinence Page 149 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (C) FR Floodplain District (iv) If the responsible party does not appropriately respond to the Community Development Department within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Community Development Department shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. [ 18- 12(B)(4)(paragraphs 1 & 2)] (13) Amendments: [18-13 (misnumbered 18-3 in existing code)] (a) The flood plain designation on the official Floodplain Overlay District map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. [18-13(A)] (b) All amendments to this ordinance, including amendments to the official Floodplain Overlay District map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official Floodplain Overlay District map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given 10 days' written notice of all hearings to consider an amendment to this ordinance, and said notice shall include a draft of the ordinance amendment or technical study under consideration. [18-13(B)] Page 150 City of Monticello Zoning Ordinonce t � v t , � e t d , t , t , t , E , t , � d ' t t , t , E , t , t , E , 1 , t , t , t , v , � E t ' t ' , , t , � f ! t , t , t , t , t , t , , d , f i t , E , d , t , t , � E t , t , F , ' t t , t , t , t , t , E , t , t , d , t , t , t ' t ' t ' ' E v , f , � t f , t , t C City of Monticello &i, (D) Wetland District Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (1) Findings, Intent and Incorporation by Reference (a) The City has determined that wetlands serve to maintain water quality by filtering water that is discharged into ground water aquifers and by retaining inorganic sediments, toxicants, and nutrients. They also retain and reduce the discharge of phosphorus and transform nutrients from their inorganic to organic forms, thereby, protecting streams and water bodies from eutrophication and contamination. Wetlands also store runoff and reduce the velocity of and magnitude of flood peaks. In addition, some wetlands receive the upward discharge of ground water. These wetlands tend to support more stable biological communities since their water temperatures and water levels tend to be more stable. (b) Wetland vegetation also reduces the energy of waves, currents, and other erosive forces and serves to prevent the erosion of shoreline areas. In addition, aquatic vegetation provides food, shelter, and special habitat for wildlife. All of these wetland characteristics provide valuable recreation and education resources. (c) The City has also found that wetlands vary significantly in the degree that they have been altered. Wetlands within the City exhibit great variations in their floral diversity, quality of wildlife and fishery habitat, degree of fluctuation in response to storms, the extent to which their shorelines have been altered or eroded, and their relative value in protecting water quality. Therefore, the City has determined that it is necessary and beneficial to classify wetlands based upon their functions and values. The City has also found that it is in the best interest of the general health and welfare of the City to achieve no net loss of wetlands within the community. (d) The City recognizes that a substantial amount of wetland degradation results from sedimentation and nutrient loading related to construction projects. Therefore, the City finds it necessary to require extraordinary measures to prevent such construction related degradation. Page 151 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (e) In addition to having regulations that affect the physical impacts within wetland areas the City also finds that it is necessary to regulate the use of lands surrounding wetlands. Wetland buffer strips (as defined in Section 8.4 of this ordinance), are necessary and beneficial to maintaining the health of wetlands. These strips of land surrounding wetlands protect their shorelines from erosion, while serving to filter sediment, chemicals and other nutrients before storm water discharges into the wetland. Buffer strips are also beneficial in providing habitat for wildlife. (f) This section hereby incorporates by reference the Wetlands Conservation Act of 1991 [Minn. Stat, 103G,221 et seq. (herein after referred to as the WCA)] and any future amendments adopted by the legislature. Any activities exempted from the provisions of the WCA are also exempted from the requirements of this section, insofar as they relate to the WCA. All wetlands, as defined in Section 8.4 of this ordinance, including those governed by the Department of Natural Resources, are covered by the other provisions of this ordinance. Also, there are circumstances under which the strict enforcement of these regulations may be unreasonable and in circumstances that meet the criteria established in Section 2.4(C) of this ordinance, departures from the strict application of these standards may be permitted. (g) It is the intent of Section 3.7(D) to avoid the alteration and destruction of wetlands. When wetlands are altered or destroyed, mitigation must be provided to recreate the functions and values of the lost wetland. (2) Purpose and Implementation (a) Through the adoption and enforcement of this section, the City shall promote the general health, safety, and welfare of its residents by both conserving and protecting wetlands and requiring sound management practices and mitigation as provided for in the WCA when development occurs in the vicinity of wetlands. Through the implementation of this section, the City seeks to accomplish the following purposes: (i) To satisfy the requirements of the WCA as it may be amended and, thereby achieve no net loss of wetlands within the City; (ii) To balance the needs to preserve and protect natural resources and systems with both the rights of private property owners and the need to support the efficient use of developable land within the City; (iii) To preserve the natural character of the landscape through the maintenance of wetland ecosystems; Page 152 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wedand District (iv) To promote water quality by maintaining the ability of wetlands to recharge ground water and receive the discharge of ground water, to retain sediment and toxicants and filter and strip nutrients from surface water runoff before it discharges into community lakes and streams, thus avoiding the contamination and eutrophication of these water features; and (v) To provide wildlife habitat and thereby support the maintenance of diversity of both plant and animal species within the City. (b) To accomplish these purposes, the City will: (i) Maintain an inventory of all wetlands within the City; (ii) Maintain a system of classification for wetlands within the City and classify the City's wetlands based upon their relative values related to floral diversity, wildlife habitat, water quality protection, fishery habitat, flood storage, shoreline protection, and aesthetic, recreational and education benefits. (iii) Prepare and maintain a comprehensive set of official maps identifying the location and classification of all wetlands within the City. (iv) Establish wetland regulations that are coordinated with flood plain and shoreland protection regulations. (v) Require sound management practices to protect, conserve, maintain, enhance, and improve the quality of wetlands within the community. (vi) Enforce standards for the alteration of wetlands when alteration is allowed, including standards and procedures for the mitigation of the loss of wetland areas and their functions and values, when alteration or destruction occurs. (vii) Obtain protective easements over or acquire fee title to wetlands as appropriate. (viii) Develop and maintain a program to educate the public about the numerous benefits and features that wetlands provide and the adverse effects of improperly managed urban development on wetlands. City of Monticello zoning Ordinance Page 153 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (3) General Provisions (a) Identification and Delineation of Wetlands. (i) This section shall apply to all land containing wetlands and land within the setback and buffer areas required by this section. Wetlands shall be subject to the requirements established herein, as well as restrictions and requirements established by other applicable Federal, State, and City ordinances and regulations. These wetland protection regulations shall not be construed to allow anything otherwise prohibited in the zoning district where the wetland area is located. (ii) A wetland is land that meets the definition of "wetlands" as set forth in Section 8.4 of this ordinance. Wetlands shall be determined according to the United States Army Corps of Engineers Wetland Delineation Manual (January 1987) and regional supplements if available. Wetlands have been or will be identified and the wetland classification as established by the officially adopted City maps shall be prima facie evidence of the location and classification of a wetland. The official maps shall be developed and maintained by the Community Development Department and are open to inspection by the public. The presence or absence of a wetland on the official maps does not represent a definitive determination as to whether a wetland covered by this section is or is not present. Wetlands that are identified during site specific delineation activities but do not appear on the official wetland maps are still subject to the provisions of the section. It will be the responsibility of an applicant to delineate the exact wetland boundary or to determine that no wetland exists on a subject property. All delineations must be reviewed and approved by the City. If an applicant questions whether a wetland exists or disputes its classification, the applicant shall have the burden to supply detailed information for review supporting the applicant's assertion, including but not limited to, topographic, hydrologic, floristic and soil data deemed necessary by the City to determine the jurisdictional status of the wetland, its exact boundary and its classification. Wetland delineations supplied by applicants shall be certified by a qualified wetland delineator. Wetland delineators must satisfy any certification requirements that may be established by the U.S. Army Corps of Engineers or the Minnesota Board of Water and Soil Resources. (iii) Only that portion of a property within the boundaries of a wetland shall be subject to the provisions of this section. (iv) This section establishes four wetland classifications as defined in Section 8.4 of this ordinance: Exceptional Quality, High Quality, Medium Quality, and Low Quality. Page 154 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (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 seventy- five (75) feet from the City approved boundary of the wetland. (b) The lowest ground floor elevation of a structure shall be two (2) feet above the 100 -Year flood elevation or three (3) feet above the Ordinary High Water Mark of public waters regulated by Section 3.7(E) of this ordinance, 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 inspection schedules and fines for erosion control will double on projects abutting wetlands. (f) Before the City issues a building permit for a lot with a required wetland buffer, the lot owner shall: (i) Record a notice of the wetland buffer requirement against the title to the lot with the office of the Wright County Recorder or Registrar of Titles, and (ii) Install the wetland monumentation required by Section 3.7(D)(6). (g) In cases where a site is not subject to the wetland buffer strips and setbacks required by Section 3.7(D)(5), buildings, swimming pools, patios, decks, drive aisles, and parking lots shall be set back not less than fifteen (15) feet from a wetland edge. City of Monticello Zoning Ordinance Page 155 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (5) Wetland Buffer Strips and Setbacks (a) For lots of record created after _(effective date of this ordinance) , a buffer strip shall be maintained abutting all wetlands. The setback and buffer provisions of Section 3.7(D) shall not apply to lots of record created before _(effective date of this ordinance) . The City does however; strongly encourage the use of a wetland buffer and setback on all lots in the City. (b) Wetland buffer strips and structure setbacks shall apply to all parcels of land whether or not the wetland is on the same parcel as a proposed development. (c) Buffer strip vegetation shall be established and maintained in accordance with the requirements of this Section. Buffer strips shall be identified within each lot by permanent monumentation approved by the City. (d) For roadways that must be aligned either adjacent to or across wetlands and are subject to WCA replacement requirements, additional wetland filling to create a buffer strip shall not be required. Trails that are intended to serve an interpretive function may also be exempted from the buffer requirement. All other roadways and trails shall meet the buffer standards established in subsection (h) below. (e) If the area of the buffer has a preconstruction slope of twelve (12) percent or greater, the buffer shall be at the applicable maximum width for the wetland classification. The use of a meandering buffer strip to maintain a natural appearance is encouraged but not required in areas of flat topography. (f) The required structure setback shall apply to all structures, except that such structure setback shall not apply to roadways and trails and their related retaining walls and fences. (g) Wetland buffer strips not required by this section may be voluntarily created in conformance with the requirements of this section concurrent with approval of a site plan, or in the absence of a site plan, upon approval of an administrative permit. Page 156 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (h) Pursuant to the regulations of this section, the following dimensional requirements shall apply for wetland buffers and setbacks: �WetlandBu#er Width (Minimum): 50, 40' 10, 10, Wetland Buffer Width 50 Wetland Buffer Average Width: 75' 50, Wetland Buffer Width (Maximum): (1] 100, 60' -- -------- - 30' 25' Structure c (from Structure Setback (from Buffer): [2] 15' 15 - -- 15 15, Total (Aver4ge): 90, 65' — --- --------- 45' 40' Buffer widths in excess of the listed maximums shall not be used in calculating the average b . uffer width. [2]: These setbacks shall take precedence over other setbacks required in this ordinance. Figure 3-3: Example of Buffer and Setback Applied to a High Quality Wetland Lot Line I S' Rear S, BuildingArea 50' Buffer High QuafftYWedand City of Monticello Zoning Ordinance Pago 157 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) Wetland District (6) Monument Required A permanent wetland buffer monument shall be installed and maintained at each lot line where it crosses a wetland buffer, and where needed to indicate the contour of the buffer, with a maximum spacing of two hundred (200) feet of wetland edge. (7) Buffer Strip Vegetation Performance Standards (a) Where acceptable natural vegetation exists in buffer strip areas, such vegetation shall be retained. A buffer strip has acceptable natural vegetation if it: (i) has a continuous, dense layer of perennial grasses that have been uncultivated or unbroken for at least five (5) consecutive years, or (ii) has an overstory of trees or shrubs with at least eighty (80) percent canopy closure that have been uncultivated or unbroken for at least five (5) consecutive years, or (iii) contains a mixture of the plant communities described in (i) and (ii) above, that have been uncultivated or unbroken for at least five (5) consecutive years. (b) Notwithstanding the performance standards outlined in subdivision (7)(a) above, the City may determine existing buffer vegetation to be unacceptable (i) it is composed of undesirable plant species (including but not limited to reed canary grass, common buckthorn, purple loosestrife, leafy spurge or noxious weeds), or (ii) it is lacking a layer of organic thatch or duff, or (iii) has topography that tends to channelize the flow of surface runoff, or (iv) for some other reason it is unlikely to retain nutrients and sediment. (c) Where buffer areas, or a portion thereof, are not vegetated or have been cultivated or otherwise disturbed within five (5) years of the permit application, such areas shall be re -planted and maintained according to each of the following standards: (i) The soil in wetland buffer strips shall be amended, as necessary, to ensure that the soil has an organic content of not less than ten (10) percent and not more than thirty five (35) percent. Page 158 City of Monticello Zoning Ordinance 1 , 1 1 , i , , a , , , , 1 , , t 1 1 , , 1 ; , , , 1 i , , , I , 1 , , 1 i , f , i , CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (D) WPOnnrl Nctrirt (ii) Buffer zones shall be planted with a Board of Water and Soil Resources (BWSR) approved seed mix containing one hundred (100) percent perennial native plant species, except for a one-time planting of an annual nurse or cover crop such as oats or rye. (iii) The seed mix to be used shall consist of at least twelve (12) pounds pure live seed (PLS) per acre of native prairie grass seed and five (5) pounds PLS per acre of native forbs. Native prairie grass and native forb mixes shall contain no fewer than four (4) and five (5) species, respectively. (iv) The annual nurse or cover crop shall be applied at a rate of twenty (20) pounds per acre. (v) Native shrubs may be substituted for forbs. Such shrubs may be bare root seedlings and shall be planted at a rate of sixty (60) plants per acre. Shrubs shall be distributed so as to provide a natural appearance and shall not be planted in rows. (A) Any ground cover or shrub plantings installed in buffer areas are independent of landscaping requirements set forth elsewhere in the City code and City policy. (vii) Native prairie grasses and forbs shall be planted by a qualified contractor using a drill designed for native prairie grass seedings, such as a Truax or Nesbitt Native Grass Drill or a John Deere 1550 Power -Till Seeder. (viii) No fertilizer shall be used in establishing new buffer zones, except on highly disturbed sites when deemed necessary to establish acceptable buffer vegetation and then limited to amounts indicated by an accredited soil testing laboratory. (ix) All seeded areas shall have a two-inch thick application of compost (Mn/DOT Grade 1 Section 3890) or be mulched immediately with clean straw at a rate of one and one-half (1.5) tons per acre. Mulch shall be anchored with a disk or tackifier. (x) Buffer zones (both natural and created), shall be protected by silt fence during construction and the fence shall remain in place until the area crop is established. (xi) Applicants may obtain from the City a set of standard seeding and planting specifications for buffer zones which meet all the City requirements. City of Monticello zoning Ordinance 'age 15`x' CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Cnhcartinn fl)) Wetland District (d) During the first five (5) years after initial planting, the developer shall submit to the City an annual report documenting the progress for establishment of the buffer. The report shall include a map of the buffer location, a description of compliance with the performance standards, a description of activities completed within the past year, a description of activities planned for the upcoming year, a map of plant communities within the buffer boundary including square footage estimates of the areas of native plantings and invasive or non-native vegetation, and other information as may be requested by the City of Monticello. Until such time as the buffer is accepted by the City, the developer shall be required to replant any buffer vegetation that does not survive. After the City has accepted the buffer, if the condition of the buffer area changes through natural processes not caused by the property owner, the owner shall not be required to re-establish the buffer area to meet the standards established in this subdivision. (8) Encroachment in Required Setback and Buffer Areas (a) Patios and decks may encroach up to a maximum of six (6) feet into required structure setback areas. Porches may not encroach into required structure setback areas. Any fence or retaining wall located within the required structure setback area shall be designed and constructed so as to not obstruct the flow of storm water. (b) Water quality ponds may encroach into required wetland buffer areas, provided that the amount of buffer encroached upon does not exceed 50 percent of the total area required for such ponding, and provided that the amount of buffer encroached upon does not exceed 50 percent of the total area required for buffering. These limitations may be exceeded where two -cell water quality ponding is utilized. (c) Wetlands and required wetland buffer areas must be kept free of all structures and features, including fences and play equipment. (d) Wetlands and required wetland buffer areas shall not be used for outside storage of household or personal items, lawn equipment, furniture, firewood, parts, yard waste, and the like. (9) Variances (a) Requests for variances shall be made in accordance with the procedures and requirements set forth in Section 2.4(C) of this ordinance. Page 160 City ofMonticello .Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (b) Variances shall only be granted when the standards and criteria set forth in Section 2.4(C) of this ordinance have been met. Variances shall not be granted which would circumvent the intent and purposes of Section 3.7(D). (E) Shoreland District (1) Statutory Authorization and Policy (a) STATUTORY AUTHORIZATION: This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 103F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. [27-1(A)] (b) POLICY: The uncontrolled use of shorelands of the City of Monticello, Minnesota affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety, and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Monticello. [27-1(13)(paragraph 1)] (2) General Provisions (a) Jurisdiction The provisions of this ordinance shall apply to the shorelands of the public water bodies as classified in Section 3.7(E)(4) of this ordinance. Pursuant to Minnesota Regulations, Parts 6120.2500 - 6120.3900, no lake, pond, or flowage less than 10 acres in size in municipalities or 25 acres in size in unincorporated areas need be regulated in a local government's shoreland regulations. A body of water created by a private user where there was no previous shoreland may, at the discretion of the governing body, be exempt from this ordinance. [27-1(D)] City of Monticello Zoning Ordinance Page 161 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (b) Compliance: The use. of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terns of this ordinance and other applicable regulations. [27-1(E)] (c) Enforcement i The Community Development Department is responsible for the Section 7.6: Remedies and administration and enforcement of this ordinance. Any violation of the Penalties provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection ; with grants of permits, variances or conditional uses) shall be subject to the ; remedies and penalties outlined in Section 7.6 of this ordinance. ; (d) Interpretation i + i In their interpretation and application, the provisions of this overlay district shall be held to be minimum requirements and shall be liberally constructed in favor of the City and shall not be deemed a limitation or repeal of any other ; powers granted by State Statutes. [27-1(G)] (e) Abrogation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. + (3) Administration + i + + (a) Permits Required i + ; i (i) A permit is required for the construction of buildings or building Section 2.3: Common Review Procedures additions (including but not limited to related activities such as , & Reatiirements, construction of decks or signs), the installation and/or alteration of 11 sewage treatment systems, and all grading and filling activities as Section 2.4(1) required by this ordinance. Application for a permit shall be made to Building Permits the Community Development Department pursuant to the applicable ; i regulations in Chapter 2 of this ordinance. The application shall include Section 2.4(N): the necessary information so that the Community Development Grading, Drainage & Erosion Control Department can determine the site's suitability for the intended use and Permits that a compliant sewage treatment system will be provided. i i + i + i Page 162 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District { (ii) A permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system shall be reconstructed or replaced in accordance with the provisions of this , ordinance. (b) Determination of Zoning Compliance r The Community Development Department, in reviewing a required permit, shall make a determination as to whether the proposal is compliant with all Section 7.6: provisions of Section 3.7(E) Shoreland District. Any use, arrangement, or Remedies and construction not authorized by permit shall be deemed a violation of this Penalties ordinance and shall be punishable as provided in Section 7.6 of this t ordinance. s , r , (c) Variances Section 2.4(C): (i) Variances shall be reviewed under the provisions outlined in Section Variances 2.4(C) with the following additional requirements: f ; 1. No variance shall circumvent the general purposes and intent of the 3 f i shoreland overlay district. 2. No variance may be granted that would allow any use that is , prohibited in the zoning district in which the subject property is located. 3. The variance application must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. (ii) At least ten days prior to the public hearing for the variance, the Community Development Department shall submit by mail a copy of the , application to the Commissioner of Natural Resources for review and comment. (iii) A copy of all decisions granting variances to floodplain regulations shall f be forwarded by mail to the Commissioner of Natural Resources within 7 , ten (10) days of such action. Section 02.4(H). (vi) Appeals from variance decisions on shoreland issues may be made in Appeal f Administrative accordance with the provisions of Section 2.4(H) and also Minnesota Decisions Statutes. City of Monticello zoning Ordinance Page 163 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (4) Shoreland Classification System and Land Use Districts (a) Shoreland Classification System The public waters of the City of Monticello have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Wright County, Minnesota. (i) The shor eland area for the water bodies listed in subsections (ii) and (iii) below shall be as defined in this ordinance and as shown on the Official Zoning Map. (ii) Lakes — reserved. 1. Natural Environment Lakes 2. Recreational Development Lakes 3. General Development Lakes (iii) Rivers and Streams — reserved (will include the Mississippi River and Otter Creek) 1. Remote Rivers 2. Forested Rivers 3. Transition Rivers 4. Agricultural Rivers 5. Urban Rivers 6. Tributary streams All protected watercourses in the City of Monticello, shown on the Protected Waters Inventory Map for Wright County, a copy of which is hereby adopted by reference, not given a classification in Items 1 through 6 above shall be considered "Tributary." (b) Land Use District Descriptions (i) Criteria For Designation The land use districts in subsection (ii) below and the delineation of a land use district's boundaries on the Official Zoning Map, must be consistent with the goals, policies, and objectives of the comprehensive land use plan. Page 64 City of Monticello Zoning Ordinance F , , 1 , 3 , I , 1 , 1 , 1 , E , F , 1 , P , t , v , F t , 1 , � 7 I , t , 6 , P , t , F , E , F , r , E , 1 , r , � F 1 1 , F , � E F F , t , E , , � F 1 , r , E , F , 1 , I ; t t , f , 1 , 7 t 1 , 1 , 1 , E , 1 , r E 1 , F , E , 1 , r , f , F , E , 1 , 1 , t , F , 1 , I , 1 , F , F , 1 , E , 1 , 1 , 1 , 1 , f � t R � t 1 City of Monticello Lon CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (ii) Land Use in Shoreland Areas Regulation of shorelands in the City of Monticello provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the City of Monticello. [27-2(B)] 1. Permitted Uses All permitted uses allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the City of Monticello. [27-2(B)(1)] Conditional Uses All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the City of Monticello. [27-2(B)(2)] 3. General Provisions The following standards shall apply to all shorelands of all public waters within the City of Monticello. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, then the more restrictive standards shall apply. [27-2(B)(3)] TABLE UNSEWERED Lot area (feet) 20,000 I Required water frontage and lot width at the setback from the ( 100 ordinary high water mart (feet) Building setback from ordinary high water mark (feet) 75 Building setback from roads and highways (feet) 50 Elevation of lowest floor above __ highest known water level (feet) 3�-� height limitation (feet) 35 tBuing lot area coveredby impervious ,oe 30%ge system setback from^ E ordinary high water mark (feet) 50 _ Sewage system elevation above highest groundwater level or 4 bedrock (feet) Ordinance Page 165 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts CG,hcvrtinn /Fl Shoreland District Lot area (square feet) Waterfront Lots �- Other Lots_ Required water frontage and lot width at the setback from the ordinary high water mart (feet) Building setback from ordinary high water mark (feet) 15,000 abutting public waters- 2,000 aters_2,000 not abutting public waters (5) Zoning and Water Supply / Sanitary Provisions (a) Placement of Structures in the Shoreland District (i) Placement of Structures on Lots 80 50 When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots on both sides of a proposed building site, structure setbacks may be altered without a variance to conform to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as shown in Table 3-21. LAKES [1] Unsewered Sewered Sewage Treatment System Natural Environment j I50 I50� �_� 150 -._. _-- _.._ _ _.. _ . --- IS _ - - 75 Recreational Development 100 75 -- General Development , 50 S0 RIVERS [1] Unsewered Sewered Sewage Treatment System Remote 200 200 150 100 Forested and Transition 150 150 Agriculture, Urban, and Tributary 100 50 i 75 [1]: One water -oriented accessory structure designed in accordance with Section 3.7(E)(5)(b) of this i ordinance may be set back a minimum distance of ten (10) feet from the ordinary high water level. Page 166 City of Monticello .Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (ii) Additional Structure Setbacks The additional structure setbacks in Table 3-22 apply, regardless of the classification of the water body. (iii) Bluff Impact Zones Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. (iv) Uses Without Water -oriented Needs Uses without water -oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. (b) Design Criteria for Structures in the Shoreland District (i) High Water Elevations Structures must be placed in accordance with any floodplain regulations applicable to the site. Where these controls do not exist, the elevation to which the lowest floor, including basement, is placed or flood -proofed must be determined as follows: For lakes, by placing the lowest floor at a level at least three feet above the highest known water level, or three feet above the ordinary high water level, whichever is higher; City of Monticello Zoning Ordinance Page 167 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District 2. For rivers and streams, by placing the lowest floor at least three feet above the flood of record, if data are available. If data are not available, by placing the lowest floor at least three feet above the ordinary high water level, or by conducting a technical evaluation to determine effects of proposed construction upon flood stages and flood flows and to establish a flood protection elevation. Under all three approaches, technical evaluations must be done by a qualified engineer or hydrologist consistent with parts 6120.5000 to 6120.6200 governing the management of flood plain areas. If more than one approach is used, the highest flood protection elevation determined must be used for placing structures and other facilities; and 3. Water -oriented accessory structures may have the lowest floor placed lower than the elevation determined in this item if the structure is constructed of flood -resistant materials to the elevation, electrical and mechanical equipment is placed above the elevation and, if long duration flooding is anticipated, the structure is built to withstand ice action and wind -driven waves and debris. (ii) Water -oriented Accessory Structures Each lot may have one water -oriented accessory structure not meeting the normal structure setback in Section 3.7(E)(5)(a) of this ordinance if this water -oriented accessory structure complies with the following provisions: 1. The structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; 2. The setback of the. structure or facility from the ordinary high water level must be at least ten feet; 3. The structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf -on conditions; 4. The roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; 5. The structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and Page 168 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District a , r , 6. As an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. (iii) Stairways, Lifts, and Landings Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design ! requirements: 1. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, public open-space recreational properties, and planned unit developments; 2. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used 1 for commercial properties, public open-space recreational properties, v and planned unit developments; 3. Canopies or roofs are not allowed on stairways, lifts, or landings; 4. Stairways, lifts, and landings may be either constructed above the � 9 ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; 5. Stairways, lifts, and landings must be located in the most visually ainconspicuous portions of lots, as viewed from the surface of the t public water assuming summer, leaf-on conditions, whenever t t practical; and t 6. Facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of sub-items (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. (iv) Significant Historic Sites 3 No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site � 6 has been removed and documented in a public repository. 1 , � E i i t , f , f , t , City of Monticello &ing Ordinance Page 169 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (v) Steep Slopes The Community Development Department must evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf -on vegetation. (c) Height of Structures All structures in residential districts, except churches and nonresidential agricultural structures must not exceed 25 feet in height. (d) Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. (i) Vegetation Alterations 1. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 3.7(E)(5)(e) of this ordinance are exempt from the vegetation alteration standards that follow. 2. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Section 3.7(E)(5)(g)(ii) and 3.7(E)(5)(g)(iii), respectfully, is allowed subject to the following standards: a. Intensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a conditional use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. b. In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water -oriented accessory structures or facilities, provided that: Page 70 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District i i. The screening of structures, vehicles, or other facilities as e ; viewed from the water, assuming summer, leaf -on conditions, is not substantially reduced; ii. Along rivers, existing shading of water surfaces is preserved; , and 9 iii. The above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose , i safety hazards. (ii) Topographic Alterations/Grading and Filling 1. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the t f , grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage { E , treatment systems, and driveways. e 2. Public roads and parking areas are regulated by Section 3.7(E)(5)(e) E = = P of this ordinance. { i s , 3. Notwithstanding sub -items 1. and 2. above, a grading and filling E , permit will be required for: a. The movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and f , b. The movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. 4. The following considerations and conditions must be adhered to E during the issuance of construction permits, grading and filling o E , E , permits, conditional use permits, variances and subdivision approvals: x ; a. Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be E , evaluated to determine how extensively the proposed activity t would affect the following functional qualities of the wetland. ' (NOTE.- This evaluation must also include a determination of { e 3 , whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies 3 such as a watershed district, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant will be so advised): i. Sediment and pollutant trapping and retention; iii. Storage of surface runoff to prevent or reduce flood damage; t ; E , 3 , ! i E iii. Fish and wildlife habitat; City of Monticello kning Ordinance Page 171 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District iv. Recreational use; v. Shoreline or bank stabilization; and vi. Noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. b. Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; c. Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; d. Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; e. Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; f. Fill or excavated material must not be placed in a manner that creates an unstable slope; g. Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; h. Fill or excavated material must not be placed in bluff impact zones; i. Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, section 103G; j. Alterations of topography must only be allowed if they are accessory to permitted or conditional uses and do not adversely affect adjacent or nearby properties; and k. Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. Page 172 City of Monticello'Zoning Ordinance 1 , 1 1 , 1 , i 1 , B , I , f i a , 1 , d i 1 1 , f , I , i I , f , 1 t , 1 E , I , a , I , a , a , f , a , 1 � f f , a , E , , 1 , I , 1 , 1 , 1 E , f , I , f , 1 , E , I E ! r , E , , 1 , , E , I , f , 1 , 1 , 1 , 1 , 1 , 3 , f f 1 , a , E , 1 , f , 3 , 1 , i I , 1 , 1 i � f 1 , E City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District 5. Connections to public waters. Excavations where the intended purpose is connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. (e) Placement and Design of Roads, Driveways, and Parking Areas (i) Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field office technical guides of the local soil and water conservation district, or other applicable technical materials. (ii) Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. (iii) Public and private watercraft access ramps, approach roads, and access - related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section 3.7(E)(5)(d)(ii) f this ordinance must be met. (f) Stormwater Management The following general and specific standards shall apply: (i) General Standards 1. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. 2. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. Paye 173 CHAPTER 3: ,ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. (ii) Specific Standards 1. Impervious surface coverage of lots must not exceed 25 percent of the lot area. 2. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent with the field office technical guide of the local soil and water conservation districts. 3. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. (g) Special Provisions for Commercial, Industrial, Public/Semipublic, Agricultural, Forestry and Extractive Uses and Mining of Metallic Minerals and Peat (i) Standards for Commercial, Industrial, Public, and Semipublic Uses 1. Surface water -oriented commercial uses and industrial, public, or semipublic uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water -oriented needs must meet the following standards: a. In addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance, the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; b. Uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and c. Uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: Page 174 City of Monticello'Zoning Ordinance City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland Distrirt i. No advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; ii. Signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name of the establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed thirty-two (32) square feet in size. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and iii. Other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. 2. Uses without water -oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf -on conditions. (ii) Agriculture Use Standards 1. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. Page 175 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District 2. Animal feedlots must meet the following standards: a. New feedlots must not be located in the Shoreland of watercourses or in bluff impact zones and must meet a minimum setback of three -hundred (300) feet from the ordinary high water level of all public waters basins; and b. Modifications or expansions to existing feedlots that are located within three -hundred (300) feet of the ordinary high water level or within a bluff impact zone are allowed if they do not further encroach into the existing ordinary high water level setback or encroach on bluff impact zones. (iii) Forest Management Standards The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment -Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." (iv) Extractive Use Standards Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations. It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. 2. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. (v) Mining of Metallic Minerals and Peat Mining of metallic minerals and peat, as defined in Minnesota Statutes, sections 93.44 to 93.5 1, shall be a permitted use provided the provisions of Minnesota Statutes, sections 93.44 to 93.5 1, are satisfied. (h) Conditional Uses Conditional uses allowable within shoreland areas shall be reviewed under the provisions outlined in Section 2.4(D), and interim use permits for uses or structures within Shoreland areas shall be reviewed under the provisions outlined in Section 2.4(E), with the following additional requirements: Page 176 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shoreland District (i) Evaluation Criteria A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: 1. The prevention of soil erosion or other possible pollution of public waters, both during and after construction; 2. The visibility of structures and other facilities as viewed from public waters is limited; 3. The site is adequate for water supply and on-site sewage treatment; and 4. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. (ii) Conditions attached to conditional use permits The Community Development Department, upon consideration of the criteria listed above and the purposes of this ordinance, shall attach such conditions to the issuance of the conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: 1. Increased setbacks from the ordinary high water level; 2. Limitations on the natural vegetation to be removed or the requirement that additional vegetation be planted; and 3. Special provisions for the location, design, and use of structures, sewage treatment systems, watercraft launching and docking areas, and vehicle parking areas. (i) Water Supply and Sewage Treatment (i) Water Supply Any public or private supply of water for domestic purposes must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. (Change to note that City requires public water supply). (ii) Sewage Treatment Any premises used for human occupancy must be provided with an adequate method of sewage treatment, as follows: 1. Publicly -owned sewer systems must be used where available. (Change this — City requires publicly owned sewer system. 2. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with the provisions section 3.7(E)(6) below. City of Monticello Zoning Ordinance Page 177 CHAPTER 3. ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shorelond District (6) Nonconformities All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and the provisions of Chapter 6 of this ordinance for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: (a) Construction on nonconforming lots of record (i) Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section 3.7(E)(4)(b)(ii) may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. (ii) A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. (iii) If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section 3.7(E)(4)(b)(ii), the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of 3.7(E)(4)(b)(ii) as much as possible. (b) Additions/expansions to nonconforming structures (i) All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 3.7(E)(5). Any deviation from these requirements must be authorized by a variance pursuant to Section 3.7(E)(3)(c). (ii) Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: 1. The structure existed on the date the structure setbacks were established; Page 178 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning. Districts Subsection (E) Shoreland District 2. A thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water level setback of the structure; 3. The deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and 4. The deck is constructed primarily of wood, and is not roofed or screened. (7) Special Provisions for Subdivision and Platting in Shoreland Districts (a) Land suitability Each lot created through subdivision, including planned unit developments authorized under Section 2.4(P) of this ordinance, must be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the local unit of government shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near -shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the community. (b) Consistency with other controls Subdivisions must conform to all official controls of this community. A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. Each lot shall meet the minimum lot size and dimensional requirements of Section 3.7(E)(5)(a), including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. (c) Information requirements. Sufficient information must be submitted by the applicant for the community to make a determination of land suitability. The information shall include at least the following: City of Monticello Zoning Ordinance rug., 79 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (E) Shorelond District (i) Topographic contours at ten -foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (ii) The surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (iii) Adequate soils information to determine suitability for building and on- site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (iv) Information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near -shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; (v) Location of 100 -year flood plain areas and floodway districts from existing adopted maps or data; and (vi) A line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. (d) Dedications When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. (e) Platting All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. No permit for construction of buildings shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. (f) Controlled Access or Recreational Lots Lots intended as controlled accesses to public waters or for recreational use areas for use by non -riparian lots within a subdivision must meet or exceed the sizing criteria in Section 3.7(E)(4)(b) of this ordinance. Page 180 City of Monticello IZoning Ordinance , , , « i r e 3 , « , �Official Freeway ;Bonus Sign District Map , , , r I E , E , 6 , E , t , , r , e , Section 4.5(J): Sign Specific District ; Regulations k , z , � k t 4 F , s , i 1 , t , , S , r , � f � k f , t i r , � E f , 3 , E , t , E City of Monticello _''c CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District (F) FBS: Freeway Bonus Sian District (1) Purpose The City of Monticello recognizes the need for special sign allowances along the I-94 corridor to allow for effective communication to interstate travelers. (2) District Application The provisions of Section 3.7(F) shall apply to all lands within the jurisdiction of Monticello as denoted on the official freeway bonus sign district map. (3) Special Freeway Sign Allowance (a) In the Freeway Bonus Sign District, the area of a freestanding sign may not exceed two hundred (200) square feet each side with a maximum height of thirty two (32) feet. [3A-12(B)(2)(b)] (b) Double frontage lots within the Freeway Bonus Sign District shall be allowed to have up to two (2) free-standing signs subject to the following conditions: (i) At least one of the two free-standing signs shall be a monument sign which does not exceed fourteen (14) feet in height nor an overall size of 100 square feet. (ii) The above size and height limitations for the second free-standing sign shall apply even if both signs are monument signs. (iii) The overall sign area maximum for the property as outlined in Section 4.5 of this ordinance shall still be met. (G) DW: Drinking Water Supply Management Area RESERVED (H) Performance Based Enhancement District (1) Purpose Ordinance Me purpose of the Performance Based Enhancement Overlay District is to provide for by -right development flexibility and enhancement in exchange for meeting special design controls and/or protecting sensitive natural features. The district is intended to create a reasonable balance between the interests of a property owner seeking more development options on a property and the interests of the surrounding property owners in the following ways: [10-1] Page 181 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District (a) By encouraging a more creative approach in commercial and housing developments that will result in quality living environments through innovative design and aesthetic controls; [10-1(A)] (b) By permitting a combination of housing types and styles, including single family, two-family, and multiple family dwellings, with the exception of manufactured homes; [10-1(B)] (c) By allowing flexibility in design by permitting cluster developments and a variety of architectural styles and treatments; [10-1(C)] (d) By allowing flexibility in setback and height restrictions. [10-1(D)] (e) By providing an efficient use of land resulting in more cost efficient installation of utilities, streets, and other facilities; [10-1(E)] (i) By encouraging the preservation of common open space, recreational facilities, natural features such as woodland, wetland, and flood plain; [10- 1(F)] (g) By contributing to the tax base of the community without making undue demands on the community services; [ 10-1(G)] (h) By providing the means for greater flexibility in environmental design than is provided under the strict application of the Monticello zoning ordinance and subdivision ordinance while at the same time preserving general welfare of the City of Monticello and its inhabitants. [ 10-1(H)] (2) District Application The provisions of Section 3.7(H) shall apply to all lands within the jurisdiction of Monticello as denoted on the official performance based enhancement district map. (3) Relation to Underlying Zoning District The performance based enhancement district provides different opportunities based on the underlying zoning district as follows: (a) R-1 and R-2 Base Zoning Districts Properties with a base zoning district classification of R-1 or R-2 within the performance based enhancement district can provide a harmonious mixture of different residential land use types to best utilize the development potential of the land given the natural environment and existing/future adjacent land uses. Page 182 City of Monticello'Zoning Ordinance 80;foot lot width F CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District (i) Uses in general Uses shall be governed by the regulations for the R-2 zoning district as outlined in Tables 5-1, 5-6 and 5-8. (ii) Allowed Density 1. The base density shall be governed by the regulations for the underlying zoning district. 2. Adjustments to the allowed base density shall be permitted in accordance with the provisions of the performance based enhancement district, but in no case shall the maximum density of the underlying zoning district be exceeded. 3. Allowed percentage reductions to base density requirements shall always be calculated off the standard base density for the underlying zoning district, with the sum of all allowed reductions being used to calculate the final allowed density. (iii) Lot Standards 1. Minimum lot size shall be equivalent to the required square feet per unit following execution of all permitted density adjustments outlined in Section 3.7(H)(4). 2. Minimum lot width shall be based on the required minimum lot size per the following table: 60 foot lot width (iv) Development Standards Lot development standards and setbacks shall be governed by the regulations for the R-2 zoning district as outlined in Table 3-6. (b) R-3, B-1, B-2, and B-4 Base Zoning Districts Properties with a base zoning district classification of R-3, B-1, B-2 or B-4 can provide a harmonious intermixing of residential and business land uses to best utilize the development potential of the land given the natural environment and existing/future adjacent land uses. (i) Uses in general City of Monticello zoning Ordinance Page 183 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District Uses may be a mix of the uses allowed within the R-3 and B-2 zoning districts as outlined in Tables 5-1, 5-6 and 5-8. The underlying district type (residential or business) shall determine which permitting process shall be used in the event of a conflict between R-3 and B-2 standards. (ii) Allowed Residential Density 1. Exclusively residential development proposals on properties with an underlying zoning district of R-3 shall be governed by the base density regulations for the underlying zoning district. 2. The base density of residential units within a performance based mixed-use development shall be 4200 square feet of gross lot area per unit regardless of the underlying zoning district. 3. Adjustments to the allowed base density shall be permitted in accordance with the provisions of Section 3.7(H)(4), but in no case shall the residential density exceed twenty (20) units per acre. (iii) Lot standards in general 1. Lot standards and setbacks shall be governed by the regulations for the underlying zoning district. 2. Development which combines residential and business uses shall conform to the mixed use standards of the performance district as outlined in Section 3.7(H)(5). (4) Density bonuses for improved residential development Base density square footage requirements for residential development within a performance based enhancement district may be reduced based on inclusion of the following development features and the corresponding square foot reduction factors. Under no circumstances shall the resulting density exceed the established maximum density established by this ordinance. Page 184 . City of Monticello'Zoning Ordinance Required increase in canopy and/or evergreen trees as outlined in Table 4-3 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement Dstrirt (a) Bonuses for all housing types: (i) Preservation of Natural Features — the base density requirement may be reduced based on the amount of land being pennanently set aside for the preservation of natural features as outlined in Table 3-24: [ 10- 5(D)(2)(b)(ii)] and [3-2(G)(8)(c)] (ii) Additional Landscaping — the base density requirement may be reduced based on the introduction of additional landscaping beyond the non -nal requirements of code as outlined in Table 3-25: [10-5(D)(2)(b)(iii)] 1.5 times 2.0 times ' 3.0 times the the the required required required plantings plantings plantings 4.0 times 5.0 times ` 6.0 times the the the required required required plantings plantings plantings The required increase in landscape plantings shall exclude any shrubs planting requirements per 10 feet of building perimeter. (iii) Additional Useable Recreational Space — in conjunction with 4 4 development requiring park dedication, the base density requirement may be reduced based on any additional amount of land accepted by the City for public recreation purposes over that which is nonnally required by code as outlined in Table 3-26: [10-5(D)(2)(b)(iv)] 4 i i City of Monticello Zoning Ordinance Page 185 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Suhsertion (H) Performance Based Enhancement District 0.5% to less than 1% 2.0% I% to less than 2% 4.0% 2% to less than 3% _ _ 3% to less than 4% 11.0% - — 4% to less than 5% _ _— 16.0% Greater than 5% 22.0% (b) Bonuses exclusive to multi -family housing types: (i) Shared Underground Parking – the base density requirement maybe reduced by 15% if each unit is provided a parking space within a shared underground parking area. [10-5(D)(2)(b)(i)] (ii) Improved Construction Standards – the base density requirement may be reduced by 15% if type two (2) construction is used. [ 10-9 (1)] (iii) Elevators – the base density requirement may be reduced by 10% if an elevator serving each floor is provided. [10-9 (2)] (iv) Indoor Recreation Amenities – the base density requirement may be reduced by 10% if indoor recreation and/or social room(s) equal to twenty-five (25) square feet per unit or seven hundred fifty (750) square feet total, whichever is greater, are provided. [10-9 (5)] (v) Outdoor Recreation Amenities – the base density requirement may be reduced by 10% if major outdoor recreation facilities are provided such as swimming pools, tennis courts, or similar facilities requiring a substantial investment equaling at minimum five (5) percent of the construction cost of the principal structure. [ 10-9 (6)] Page 186 City of Monticello IZoning Ordinance (5) Bonuses for Green Buildings CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District (a) The incentives listed in Table 3-27 are available to developments incorporating the denoted number of green building features from schedules "A" and `B" in Table 3-28. tdi 1 r.UUKT 1: t$AbL DENSITY REDUCTION • 4% reduction in the per unit base density requirement I 2 • 11 % reduction in the per unit base density requirement I 3 .... ...................._ ... • 20% reduction in the per unit base density requirement 2 4 CATEGORY 2: OFF-STREET PARKING REDUCTION F • Decrease in required off-street parking spaces by 5% I I 2 • Decrease in required off-street parking spaces by 10% I 3 • Decrease in required off-street parking spaces by 15% 2 4 CATEGORY 3: ADDITIONAL BUILDING HEIGHT • Increase in building height by one (1) story beyond the district maximum 2 2 �I [1]: Development may include a sufficient number of green building features to take advantage of more than one type of bonus with a limit of one (1) bonus per category. 7 � City of Monticello 'Zoning Ordinance Page 187 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District (b) The green building features listed in Table 3-28 below may be utilized to obtain the development bonuses listed in Table 3-27. ENERGY Generation of a minimum of 20 percent of the electricity needed by the ; A development from alternative energy sources (solar, wind, geothermal or biomass) within five years. A j Proof of purchase of carbon offsets in an amount equivalent to 15 percent of thea construction costs within five years ' B Design buildings so that they can accommodate the installation and operation of ; solar photovoltaic panels or solar thermal heating devices. RECYCLING i WASTE REDUCTION A i Utilize recycled materials for 50% of streets, off-street parking, sidewalks, curbs, I and 25% of building materials ' B Provide at least one enclosed recycling station per building suitable for storage add collection of recyclable generated on-site SITE CONFIGURATION j B Provision of a community garden with at least 500 square feet per dwelling that is — — I controlled by a property -owners association ' Use of paving materials in driveways and parking lots that have solar reflectance B I index (SRI) score of at least 29 (SRI is a measure of a parking lot's ability to reject jsolar heat; a higher SRI yields a cooler parking lot) B Configuration of new buildings with one axis 1.5 times longer than the other, and the long axis oriented in an east west configuration for solar access ; Include underground parking or a parking structure A Provide for mixed use structures with active retail or personal service uses on ; j ground floors and residential uses on upper floors RESOURCE CONSERVATION B Provision of 150 -foot undisturbed buffers adjacent to all perennial stream banks, wetlands and bodies of water ' A Use only native vegetation for required landscaping ; M i Use of Low Impact Development (LID) techniques instead of retention or A f detention ponds for stormwater management B Preservation of 15 percent of the tree canopy on a site comprised of the canopies of trees 10" or greater in DBH ' A Double the minimum open space set-aside amount F J A Remediate site contamination on a documented (by means of a Phase II i Environmental Site Assessment) "brownfield" site TRANSPORTATION A y Provision of a network of multi-purpose trails with at least one connection to a ; public trail, sidewalk or greenway for every acre of land i B Inclusion of showering and dressing facilities in non-residential development for employees using alternative forms of transportation A I Provide on-site transit facilities (e.g., designated park-and-ride parking spaces, bu4 shelters, etc). Page 188 City of Monticello'Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (H) Performance Based Enhancement District BUILDING CONFIGURATION A Inclusion of green roofs on at least 30% of the roof area within the development Meet minimum Energy Star (or equivalent) criteria for at least 75 percent of the B iresidential floor area Design the building to achieve a minimum LEED certification of platinum [counts as ' A ! two (2) schedule "A" features] A Design the building to achieve a minimum LEED certification of gold �j B Design the building to achieve a minimum LEED certification of silver B Include shade features (e.g., awnings, louvers, shutters, overhangs, etc) to shade all _ windows and doors on the southern building fa4ade B Design buildings such that 25 percent of the residential units are consistent with Universal Design practices A Design buildings such that 50 percent of the residential units are consistent with Universal Design practices WATER CONSERVATION A i Inclusion of a recycled or grey water system for landscaping irrigation (6) Standards for Mixed Use Development All mixed use development within the performance based enhancement district shall adhere to the following: (a) Residential Units in mixed use developments Residential units shall be incorporated within a mixed use development to be visually and/or physically integrated with nonresidential uses. (i) When the underlying zoning district is R-3, B-1 or B-2, residential units shall be located using one of the following options; 1. Residential uses are vertically located above street -level commercial uses; or 2. Residential uses are horizontally integrated into the site development in a manner that provides a transition between adjacent low intensity uses (e.g. single family homes) to adjacent higher intensity uses (e.g. commercial). Chy o, Mcnticelly Zoning Ordinance page 189 CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts Subsection (1) CCD Residential Overlay District (ii) When the underlying zoning district is B-4, the following shall apply to dwelling units: 1. Dwelling units shall not be located on the first floor street facing side of a building. 2. First floor alley or side yard facing dwelling units are permitted, but they shall not encompass more than 30% of the gross first floor area. (b) Non-residential uses in Mixed Use Developments (i) New non-residential uses in a mixed use development shall be restricted to lots adjacent to existing non-residential uses or lots at corner locations. (ii) Buildings shall incorporate one or more transitional features as required by the Community Development Department (see Section 4.7, Transitional Features). (iii) When the underlying zoning district is B-1 or B-2, individual retail and other commercial uses shall not exceed 5,000 square feet unless authorized by a conditional use permit pursuant to Section 2.4(D). (iv) Developments are encouraged to situate buildings at the street frontage, locating parking to the side and rear of buildings to avoid views of large, paved parking areas from public rights-of-way. (v) Loading and service areas shall be placed to the sides or rear of a structure, or shall be integrated within the building's architecture as a means of minimizing their appearance. (I) CCD Residential Overlay District (1) Purpose The purpose of the CCD Residential Overlay District (CCD -R) is to provide for sites within the Central Community District that are appropriate for full use as multiple family attached housing, including residential uses on the ground floor. In establishing this overlay district over specific areas within the CCD, the City finds that the goals and policies of the City's Comprehensive Plan are being fulfilled by ground floor residential uses, including those goals and policies expressly applying to uses in the downtown area as may be adopted as a part of any Downtown Revitalization Plan or similar component of the Comprehensive Plan. Parcels shall be included in the CCD Residential Overlay District only where the more intensive residential uses allowed by this overlay district can be found to enhance the commercial concentration in the surrounding "CCD" downtown area. Page 190 City of Monticello Zoning Ordinance CHAPTER 3: ZONING DISTRICTS Section 3.7 Overlay Zoning Districts 21 Subsection (l) CCD Residential Overiav District (2) District Application The provisions of Section 3.7(I) shall apply to all lands within the jurisdiction of Monticello as denoted on the official CCD Residential Overlay District map. (3) In General Except as stated herein, all regulations governing the CCD District shall apply to properties within the CCD Residential Overlay District. (4) Multi Family Dwellings Multi family units in the CCD Residential Overlay District shall adhere to either the requirements for multi family homes established in Section 5.2(C)(2)(d)(iv) of this ordinance, or the following requirements: (a) Multi family units shall be in the form of apartments or condominiums, and may be located on any floor of the building subject to the following standards: (i) The use shall require authorization through a conditional use permit following the provisions of Section 2.4(D) of this ordinance. (ii) The subject parcel shall not be located in an area that does not abut directly on any of the following roadways: Trunk Highway 25 (Pine Street), County State Aid Highway 75 (Broadway Street), or Walnut Street. (iii) The proposed development of the subject parcel for multi family units shall not interfere with the flow of pedestrian commercial traffic in the "CCD" area. (iv) The exterior building materials for principal and accessory buildings at ground floor level shall be consistent with commercial buildings, including brick or concrete masonry, glass, and similar materials up to a height of no less than twelve (12) feet from grade. (v) Upper floor building materials (above the ground floor), may utilize residential materials such as lapped siding. (vi) Parking shall be provided on-site at a rate of no less than one and one-half spaces per residential unit, unless the facility is expressly reserved for senior citizens. No less than fifty percent of the parking shall be covered. City of Monticello Zonin, Ordinance Page 191 CHAPTER 3: ZONING DISTRICT'S Section 3.7 Overlay Zoning Districts Subsection (1) CCD Residential Overlay District Page 192 City of Monticello Zoning Ordinance CITY OF MONTICELLO ZONING ORDINANCE ANNOTATED OUTLINE Submitted by McCombs Frank Roos Associates, Inc. 14800 28th Avenue North, Suite 140 Plymouth, Minnesota 55447 Telephone: 763-476-6010 Fax: 763-476-8532 Contact: Ben Gozola Office: 763-476-6010 Cell: 952-217-0252 Draft October 15, 2010 (This page intentionally blank) TABLE OF CONTENTS TABLE OF CONTENTS PROJECT OVERVIEW.............................................................1 A. Background...........................................................................1 B. Project Process.......................................................................1 DIAGNOSIS..............................................................................5 A. Comprehensive Plan Goals...................................................5 B. Zoning Code Analysis Results.............................................12 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE i CITY OF MONTICELLO TABLE OF CONTENTS ii ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO (This page intentionally blank) PROJECT OVERVIEW ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 1 CITY OF MONTICELLO PROJECT OVERVIEW A. Background The City of Monticello is a free-standing urban fringe city, situated in a prime location on Interstate 94 between the Minneapolis/St. Paul metropolitan area and the City of St. Cloud. Similar to many communities on the outer edges of the Minneapolis/St. Paul area, Monticello experienced rapid residential growth within the last ten years. The residential population is currently estimated at 11,000. The community is home to a thriving business community and continues to build on its past success of attracting high-quality commercial and industrial enterprises. As a free-standing community, Monticello’s residential, commercial and industrial components share equal importance in the City’s plan for continued growth. The City approved an update to its Comprehensive Plan in May of 2008. The update was a response to the rapid growth of the community, the expansion of the City’s Planning Area, and a preparation for land use decisions that lay ahead. The 2008 Comprehensive Plan reflects a new approach to the delineation of land uses for the community. Therefore, the adopted Comprehensive Plan states that priority should be given to the review and updating of zoning regulations. The current Zoning Ordinance, Title 10 of the Monticello City Code, was adopted in 1976. Since that time, the ordinance has been amended with the standard individual language revisions and with occasional amendments for the addition or revision of entire chapters. The lack of a regular comprehensive review of the ordinance has created a large, inconsistent and confusing zoning code which is to be rectified through the zoning rewrite process. B. Project Process In July of 2009, the City retained McCombs Frank Roos Associates (MFRA) to assist with the zoning ordinance update project. In approving MFRA to complete the work, the City Council was clear that the overall budget for the project was a focus of concern. MFRA agreed to begin by undertaking a scoping and diagnosis procedure to identify a final work plan from which a project budget would be established. PROJECT OVERVIEW 2 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO Zoning Ordinance Update Steering Committee To guide MFRA’s work and oversee the project from beginning to end, a Zoning Ordinance Update Steering Committee (steering committee) was established. The steering committee was comprised of elected and appointed officials whose backgrounds and experiences represented a broad cross-section of the community. Their feedback and direction was sought throughout the update process, and all final language within the new code was recommended to the City Council by a majority of committee members. The update project commenced in late September 2009, and following amendments to the original timeline, is expected to be complete by February 2011 after completion of the following five project tasks: (1) Initiation and Scoping The project kicked off with a review of the current zoning code and comprehensive plan by MFRA staff, City staff, and the Zoning Ordinance Update Steering Committee (steering committee). Goals and objectives of the comprehensive plan, along with implementation strategies, were cataloged for inclusion in this Annotated Outline. Each body reviewed the existing ordinances to identify issues that should be addressed. All identified concerns were discussed and vetted by the project steering committee before being added to the Annotated Outline. With all Comprehensive Plan and Zoning Code issues identified, the steering committee then discussed how to best involve the public throughout the process. MFRA concluded the initiation and scoping effort by finalizing a proposed budget and contract based on the final direction of the steering committee. The contract was approved by the Monticello City Council on September 28th, 2009. (2) Annotated Outline Creation MFRA begin this task by synthesizing the identified project goals into a trackable table that identified options for achieving said goals. The table formalized the structural, procedural, and specific code changes to be addressed during the update; and identified the general approach recommended by MFRA for each item. Along with the table, MFRA prepared a detailed outline of the new zoning ordinance that demonstrated the specific locations in which all issues would be PROJECT OVERVIEW ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 3 CITY OF MONTICELLO addressed. The table and framework was then presented to the steering committee for final edits and approval. (3) Draft Zoning Ordinance Creation To successfully navigate the drafting of the new ordinance in a manner that was easy for all parties to understand, the draft ordinance was prepared in three phases:  Phase 1: Administration – this phase established all new code provisions that are generally applicable throughout the code and/or are procedural in nature. Specific issues addressed included the purpose of the zoning code; transitional regulations between the old and new code; the code’s relation to other laws, agreements, and state statutes; rules of construction; application types and review procedures.  Phase 2: Zoning Districts and Uses – this phase resulted in new codes establishing zoning districts, the regulations of uses in each district, and applicable overlay districts. Things that were specifically addressed included the final listing of all new zoning districts, permitted uses, conditionally permitted uses, interim permitted uses, accessory uses, temporary uses, and nonconforming uses. Site development standards (i.e. lot area, depth, and width) were also established at this time, along with language governing how things will be measured (i.e. depth, width, height).  Phase 3: Development Standards – this phase produced the language governing design standards for features that impact the visual character of the city which are applicable throughout the community. Examples of issues addressed in this phase include tree preservation, landscaping standards, fences & walls, parking & loading areas, exterior lighting, signs, and utilities. Each of the above phases was completed using a general three step process. First, MFRA prepared a draft for City staff (e.g. planning department, engineering, legal, etc) review and comment. Second, MFRA edited the draft based on staff’s comments for submission to the steering committee for review and comment. And finally, MFRA incorporated steering committee input into the final draft. PROJECT OVERVIEW 4 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO (4) Preparation of the Draft Zoning Ordinance for Review Upon completion of the draft code, MFRA will prepare a final draft for consideration at a series of public hearings. (5) Adoption The final task will be review and adoption of the final draft by the City under the rules established by State Law. Upon adoption, MFRA will make the final revisions necessary as a result of the adoption process, and will produce the final draft of the zoning ordinance along with agreed upon end products. DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 5 CITY OF MONTICELLO DIAGNOSIS To ensure the new code is a success, it is essential to identify all of the main goals to be achieved from the outset. After reviewing the comprehensive plan and discussing code issues with city staff and various stakeholders, MFRA was able to identify the following five (5) guiding themes for the zoning rewrite process.  Guiding Theme #1: Implementation of the recommendations and strategies outlined in the 2008 City of Monticello Comprehensive Plan.  Guiding Theme #2: Improve the overall organization and language of the ordinance to make it user-friendly. Incorporate tables, drawings, pictures and other graphics where appropriate.  Guiding Theme #3: Improve the efficiency and ease of established zoning-related review procedures.  Guiding Theme #4: Modernize the existing zoning districts and allowable uses.  Guiding Theme #5: Enhance the quality and compatibility of development through better design standards and required transitional features while respecting property rights and minimizing development impediments. A. Comprehensive Plan Goals The 2008 Monticello Comprehensive Plan established a new vision for the City, and identified a number of goals which the new zoning ordinance can help to achieve. The matrix on the following page(s) identifies these goals, and denotes how each was addressed within the new zoning ordinance. DIAGNOSIS 6 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO GENERAL OVER-ARCHING GOALS Goal Pg(s) Technique(s) Used to Address the Goal 1. Make Monticello a safe place to live, work, shop, and travel 1-2 2. Monticello should be sustainable socially, economically, and environmentally 1-2 -- These were general goals that were kept in mind throughout the process; no single change would achieve these goals GOALS APPLICABLE TO ALL ZONING DISTRICTS Goal Pg(s) Technique(s) Used to Address the Goal 3. Use the environment as a catalyst for development 1-2 --Performance standards encourage preservation of natural features in return for development flexibility --Landscaping standards provide credits for preservation of existing vegetation --RA development focused on higher amenity housing to be located near high quality environmental features. 4. Adopt proper building codes to promote quality construction 3-10 -- Monticello building inspectors participated throughout the project, reviewed and commented on the new regulations, and guided MFRA on the sections of building code to include. 5. Adopt good nuisance controls 3-10 -- Zoning related nuisance provisions were added and an easy to use enforcement policy was put into place. 6. Prevent and correct undesirable land uses 3-10 -- MFRA, city staff and the steering committee collaborated in reviewing and establishing the list of uses allowed in each new zoning district. --Code also utilizes the strictest allowable amortization of non-conforming uses (1-year) 7. Preserve and promote the public use of natural areas including establishing greenway corridors 3-16, 3-18 -- The new code encourages preservation of natural vegetation by providing density credits, landscaping credits, and other incentives. --New tree preservation language protects “specimen” trees throughout the community DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 7 CITY OF MONTICELLO RESIDENTIAL GOALS Goal Pg(s) Technique(s) Used to Address the Goal 8. Expand the supply of “move up” housing 1-1, 3-16 9. Reserve areas with high amenities for “move up” housing 3-6 -- The steering committee focused on refining the development standards within the new Residential Agriculture (RA) specifically to create developments of “move-up” housing -- Areas of high natural amenities are or will be zoned RA to take advantage of the new code standards for move up housing 10. Promote strong residential neighborhoods 1-2 11. Develop quality neighborhoods that create a sense of connection to the community 3-6 12. Maintain attractive, safe and functional neighborhoods 3-8 13. (safety) Develop neighborhoods where people are involved in the community, interact with their neighbors, and support each other 3-10 --Building material standards and required transitional features between residential areas and other use types were reviewed/created to ensure attractive neighborhoods --The steering committee reviewed and refined setbacks, lot sizes and other lot standards to address issues identified with past development 14. Provide a range of housing choices 3-6 -- Final code allows for multiple unit types including detached dwellings, duplexes, townhomes, large and small multi-family buildings, and apartments and condominiums. -- Accessory dwelling units may now accompany detached dwellings in certain areas of the city 15. Seek quality over quantity in residential growth 3-6 -- Transition standards, landscaping standards, tree preservation, and required building materials will encourage and require quality development --Incentives were built into the new code so that quality would need to increase if/when quantity increased DIAGNOSIS 8 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO RESIDENTIAL GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 16. Create neighborhoods that maintain a connection to the natural environment 3-6 17. Neighborhoods should incorporate the natural characteristics of the setting 3-8 -- The new code encourages preservation of natural vegetation by providing density credits, landscaping credits, and other incentives. --New tree preservation language protects “specimen” trees throughout the community 18. Provide every neighborhood with reasonable access to a public park 3-8 19. Use sidewalks, trails and bikeways to connect neighborhoods to other parts of the community 3-8 --These goals will best be dealt with in the City’s subdivision codes related to park dedication requirements 20. Housing should be oriented to the local street 3-8 21. Use public improvements to enhance the appearance and character of neighborhoods (e.g. curb & gutter, street trees, street lights, storm water ponds) 3-8 22. Minimize “cut through” traffic in neighborhoods 3-10 --Vehicular access to residential properties from arterial or collector roadways was prohibited unless no other reasonable alternative exists as determined by the Community Development Department --Engineering standards, not city code, will detail curb & gutter design, lighting design, acceptable stormwater techniques, etc --Engineering standards, not city code, could include traffic calming techniques to address neighborhood cut through traffic 23. Use proper subdivision regulations to ensure the configuration of lots creates attractive neighborhoods 3-10 -- The steering committee reviewed and refined setbacks, lot sizes and other lot standards to ensure resulting development matches the City’s vision DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 9 CITY OF MONTICELLO BUSINESS DISTRICT GOALS Goal Pg(s) Technique(s) Used to Address the Goal 24. Encourage a wide range of employment opportunities with a focus on higher wage level jobs 1-1 25. Expand and diversify the property tax base, provide jobs (especially higher wage jobs), attract corporate headquarters with a focus on biosciences and technology 3-11, 3-13 -- Commercial uses were modified to be broader in nature which will allow new industries to likely locate in the city as a permitted or conditionally permitted use. The old code was so specific in defining uses, that anything new would likely have required a city code amendment to even have the potential to locate in Monticello -- Multiple “finishing standards” were organized in Chapter 4 to govern things such as required landscaping, lighting, building materials, etc. As a whole, these standards will work together to achieve attractive places for businesses to locate 26. Attract new investment in desired locations 1-2 -- A Performance Based Overlay district was introduced to provide by-right enhanced development in exchange for amenities desired by the city --The adopted finishing standards are intended to make the Cities zoning districts more attractive which in turn will make them a more desirable location for new residents and businesses 27. Provide locations for industrial development in the areas of manufacturing, processing, warehousing, distribution and related businesses 3-12 28. Allow non-industrial support businesses in industrial areas 3-12 -- The categories of “Light” and “Heavy” Industrial accommodate the spectrum of manufacturing and processing -- “General warehousing” covers goods storage and distribution type businesses -- “Industrial Services” is a new use category that refers to industrial related businesses (i.e. repair and servicing of industrial equipment; centralized servicing location of consumer goods; contractor sites, etc) -- “Business Support Services” is now a permitted use in the industrial zoning district DIAGNOSIS 10 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO BUSINESS DISTRICT GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 29. Shopping areas with a regional orientation should be located and engineered to ensure traffic generated does not impact travel within Monticello 3-13 -- The B4 business district was specifically designed as the City’s regional shopping zoning district, and the new zoning map was designed with traffic impacts in mind --The City’s engineering standards will ensure future development is completed in a way that adequately handles potential traffic impacts 30. Require adequate street capacities for places to shop 3-13 31. Provide for an adequate supply of parking 3-13 32. Require proper building materials, facades and signage to create an attractive setting 3-13 -- The City’s new off-street parking and signage regulations were incorporated into the new code --Finishing standards outlining requirements for building materials were included in the new code --The City’s engineering standards, not city code, will dictate required street widths and capacities TRANSITION GOALS Goal Pg(s) Technique(s) Used to Address the Goal 33. Define edges and/or require transitions between commercial and residential uses 3-13 -- New landscaping standards include required landscaped buffers between different use types --Transitional features have been introduced into the code to facilitate the blending of uses in between districts 34. Mixed uses areas between downtown and the hospital campus should be oriented towards Broadway, but have access from other streets 3-14 35. Limit non-residential uses in mixed use areas to small retail, service, and office businesses 3-14 36. Allow intense housing and hospital related uses in the mixed use area 3-15 --Mixed use standards in the performance overlay district place limits on the types of commercial businesses which are allowed --Vehicular access to residential properties from arterial or collector roadways was prohibited unless no other reasonable alternative exists as determined by the Community Development Department -- A hospital overlay district was considered, but was not implemented at this time DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 11 CITY OF MONTICELLO INSTITUTIONAL GOALS Goal Pg(s) Technique(s) Used to Address the Goal 37. Orientate institutional uses to collector or arterial streets 3-15 38. Signage and lighting for institutional uses should be akin to commercial areas 3-15 --Requirements for building materials, landscaping, lighting and signage were kept consistent for non- residential zoning districts DOWNTOWN GOALS Goal Pg(s) Technique(s) Used to Address the Goal 39. Ensure downtown has the tools necessary to be successful, while maintaining community identity and heritage 1-1 40. Achieve the vision and objectives described in the 1997 Downtown Riverfront Plan 3-13, 3-19 41. Make downtown an inter-connected and supportive collection of land uses 3-13, 3-21 42. Reserve street fronts for businesses 3-13 43. Downtown development should have a special focus on being pedestrian friendly 3-13, 3-22 44. Ensure an adequate supply of free downtown parking 3-13 -- MFRA was instructed to not address downtown goals as part of the zoning update process -- Zoning changes to the downtown will be completed following adoption of a new Downtown plan in the near future DIAGNOSIS 12 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO B. Zoning Code Analysis Results MFRA, city staff, and the steering committee each reviewed the existing zoning code, and independently identified various issues to address as part of the rewrite process. The following matrix identifies the final list of to-do items agreed to by all three parties. FORMATTING & ORGANIZATION GOALS Goal Pg(s) Technique(s) Used to Address the Goal 1. Eliminate cascading uses between zoning districts CH 5 to 19B -- Individual chapters for each zoning district have been eliminated -- All “use” related issues have been moved to an independent chapter -- A table with permitted uses on one axis and zoning districts on another was created. This single table can be examined to find out where uses are allowed within all zoning districts. 2. Use clear spacing and indentation to identify sections and subsections All -- The annotated outline clearly demonstrated how margins and spacing would be set up for legibility and for the inclusion of cross-references. Further edits were then made as the code came together. 3. Code needs to be more intuitive as to where information can be found All -- The new code was organized into distinct chapters of similar information (i.e. a “Use Standards” chapter combined all codes related to uses throughout the City). 4. Simplify current language as necessary to add clarity All -- All codes were examined for clarity and ease of reading. 5. Break up long paragraphs of regulations into easy to read bullet points Sec 1-2 -- The new code format allows for easy integration of numbered lists. 6. Update the table of contents to match new organization; eliminate duplicate numbers separated a sub-letter (i.e. Chapter 19 and 19B) 3-1 et al -- The 33 existing chapters were condensed down into eight distinct chapters. All duplicate numbers were eliminated. DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 13 CITY OF MONTICELLO MAKING CODE USER FRIENDLY Goal Pg(s) Technique(s) Used to Address the Goal 7. Use pictures and illustrations throughout as needed to clarify terms (i.e. height measurement, yard locations, etc) pg 3-4 -- MFRA inserted pictures and illustrations throughout the code as needed to ensure clarity. 8. Add headers to every page to facilitate easy navigation of the new zoning code All -- The new code includes headers indicating the chapter, section, and subsection applicable to the language at the top of every page. 9. Use consistent terms in regulations unless a distinction is desired [i.e. “solar heating systems” (section 3-2(N)(7) vs “solar systems” (section 3-3(D)(4)] -- -- MFRA sought to use consistent terms at all times when preparing the revised code. 10. Delete old code references that are no longer applicable (i.e. Section 3-6A: Grading) pg 3-44 -- All old references were eliminated as regulations were transferred into the new code framework. 11. Combine procedures into one code section for easy reference CH 22 -- Chapter 2 of the new code contains all code provisions on how applications will be reviewed, what information is necessary for an application, and how decisions will be made. 12. Convert all final documents into an easy to use web-ready format. All sections should begin on new pages. All -- The final step in the code revision process will entail transforming the new paper code into a web-ready format (either an HTML file from Word, or formatted .pdfs for downloading). 13. Add illustrations to the definitions section as needed. If illustrations are in the code, add a cross reference CH 2 -- Illustrations were used in nearly every chapter of the new code. Cross-references were also added as necessary to make the code user friendly. 14. Eliminate unnecessary definitions CH 2 -- Unused definitions were eliminated and new definitions were added as needed. 15. Engineering standards should not be codified and instead be left to the design manual Sec 3-6 (C) -- Engineering standards, when encountered, were eliminated. The City’s engineering standards document will apply 16. Review “yard” and “building line” definitions with staff; make sure definitions are set prior to revising standards Def. -- “Building lines” are defined by the location of the building, and each yard is defined by the area between the corresponding lot line and parallel building line. 17. As needed, ensure the new codes correspond to the building code to eliminate conflicts All -- During the course of the rewrite, MFRA strived to ensure all new codes did not conflict in any way with adopted portions of the building code. DIAGNOSIS 14 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO ADMINISTRATIVE PROCEDURE GOALS Goal Pg(s) Technique(s) Used to Address the Goal 18. Update public process to ensure the city can meet state mandated deadlines while speeding up the process for applicants as possible. CH 22 -- The procedures for all application reviews were examined and edited as needed to ensure the City can always comply with the 60-day rule. Unnecessary review steps were also eliminated to ensure quick/quality customer service. 19. Review application requirements; be detailed on what is required but give staff ability to waive unnecessary information. All -- MFRA included detailed lists of information required for applications to make the code defensible against a 60-day rule claim. A provision was added to give staff the authority to waive requirements when specific information was unnecessary to make a determination on an application. 20. Clarify in code that CUPs run with the land CUPs -- Code was clarified to ensure all readers understand the statutory requirement that authorized conditional uses run with the land and NOT with the landowner. 21. Eliminate “land use permits” as they are not currently used. Develop a new administrative approval process as necessary. CH 25 -- A new site plan review process was added to code for administrative review of multi-family residential and non residential development. The old “land use permits” were eliminated. ZONING DISTRICTS AND ALLOWABLE USES GOALS Goal Pg(s) Technique(s) Used to Address the Goal 22. Zoning district summaries are needed CH 5 to 19B -- Zoning district information (e.g. min lot size, lot width, setbacks, etc) was coordinated into one page summary sheets for each zoning district. Illustrations and pictures are used to clarify zoning district standards. 23. Use tables to clearly communicate specific requirements by zoning district (i.e. setbacks, allowable building height, etc) pg 3-3 -- Each zoning district summary sheet includes a table organizing all lot specific regulations for easy reference. DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 15 CITY OF MONTICELLO ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 24. Simplify allowed encroachments into setbacks; what about cantilevers? Sec 3-3 (D) -- Allowable encroachments are provided for “appurtenances” (visible, functional, or ornamental objects accessory to and part of a building such as chimneys, decks, etc). Appurtenances are allowed to extend into required yards per current codes. 25. Eliminate the use of temporary bubble buildings throughout the community ? --New standards for certain temporary uses were established in code --“Bubble buildings” were not necessarily eliminated, but instead are required to adhere to the requirements for accessory structures or temporary structures as well as the building code 26. “Waste enclosures” need to be addressed/allowed in applicable districts (get more info) ? -- Section 5.2(A) in the new code requires that all refuse, garbage, etc be kept in an enclosed building or in a proper container, and requires all vacant land to be kept clean. 27. Review standards for anticipated amenities for homes (i.e. many old codes, including Monticello’s, prohibits AC units in side yards—still necessary?) Res. districts -- MFRA suggested updated standards when such issues arose. The steering committee was not in favor of a prohibition on accessory structures in street facing side yards. 28. Add regulations on alternative/ renewable energy sources; include height max for wind towers in certain areas -- -- Standards for wind power facilities, solar energy systems and solar access were included within the new code. 29. Discuss pros & cons of listing “permitted” things vs. “prohibited” things -- -- MFRA recommended that listing “prohibited” things vs. “permitted” things was dangerous as a prohibited list insinuates that things not listed are permitted (which might not result in a desirable outcome)! 30. Simplify and revise the way lot area and building size regulations are communicated Sec 3-4 -- The new zoning district summary sheets use tables and graphics to clarify these regulations 31. Need to discuss proper building heights in each zoning district Sec 3-4 (A) --The steering committee and other reviewing bodies examined all lot requirements (height included) to ensure they were appropriate DIAGNOSIS 16 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 32. Update maximum allowed densities based on the new comprehensive plan Sec 3-4 (B) -- MFRA worked with the steering committee to identify appropriate minimum lot sizes and other regulations to ensure resulting densities will be consistent with the Comprehensive Plan. 33. Useable open space requirements for multi-family structures are currently lost; relocate as needed Sec 3-4 (D) -- The open space requirements of section 3-4(D) were relocated to the Use Standards Chapter amongst regulations applicable to ALL attached dwelling types within the City. 34. Review minimum floor areas required by dwelling unit…suggest changes as needed Sec 3-4 (G) -- MFRA changed the minimum floor area to go by unit type instead of building height. 35. Require screening of rooftop equipment? Sec 3-4 (F) --Rooftop screening standards were added to the screening requirements section within the new finishing standards chapter. Pictures and illustrations were included for clarity. 36. Add standards for drive-through uses pg 3-33 -- Drive thru services are listed as an accessory use in the new code, and specific regulations for such have been established. 37. Get City Engineer input on Land Reclamation codes (exc/fill) and Mining regulations Sections 3-7 & 3-8 -- MFRA sought guidance from City staff on necessary changes, and updated the new code accordingly. 38. Check adult use regulations to ensure the ordinance still allows for some locations; recommend updates if needed Sec 3-10 -- Once the final zoning map is set, MFRA will analyze the current setbacks and buffers required by code to ensure existing regulations still allow for possible creation of adult oriented businesses (as required by law). 39. Recommend ways to address home occupations, but maintain city control Sec 3-11 -- MFRA has established three types of home occupations within the new code: those that are outright permitted with no city involvement; those that require an administrative home occupation permit; and those that would require a full conditional use permit. 40. Address business vehicle parking and business storage with home occupations Sec 3-11 -- Business vehicle parking was previously handled by the City with the adoption of new off-street parking regulations, and storage for home occupations was addressed in the new home occupation codes. DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 17 CITY OF MONTICELLO ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 41. Revise ‘Communications Antenna’s” section to address new technologies Sec 3-12 -- New regulations for towers and antennas were incorporated into the new code. 42. Outdoor sales and display licenses:  Examine allowable limits  Discuss expansion of outdoor patio/venue usage with City staff.  Renumber to fit new format Sec 3- 11A -- Outdoor sidewalk sales & display is now listed as an accessory use with specific conditions governing such. 43. Zoning Districts (in general): review comp plan goals and compare with existing districts. More needed? Less needed? CH 4 -- MFRA listened to feedback from the public and the steering committee and the following main changes were implemented: 1)refined the B1 district for desired neighborhood shops; 2)specialized the B3 district for vehicle sales; 3)specialize R2 and R1-A districts for specific development types (became RA and TN districts); 4) eliminated PZR and PZM in favor of an overlay performance zone. 44. Staff would like to update and approve the zoning map annually? Discuss. Sec 4-2 -- MFRA did not recommend annual approval of a new zoning map, and instead recommended the City simply follows its regulations to update the map as changes occur. 45. “Group Homes” need to be addressed and comply with statutes Res districts -- MFRA worked with the City Attorney to ensure all regulations governing group homes are consistent with statutory requirements. 46. Remove “garage sale” from an allowed use in zoning districts to a “temporary use” elsewhere in code. Res districts -- Garage sales were designated a temporary use in the new code, limited to four days per event and three events total per calendar year. 47. Determine the purpose of “limited open sales” in residential districts. Edit as needed Sec 6-3 (I) -- “Open Sales” in residential zoning districts were strictly limited to motor vehicles, boats, motorized equipment, and recreational vehicles. 48. Work with city staff in reviewing single- family design standards; recommend improvements. Res districts -- MFRA led discussions on residential uses with the steering committee and city staff, and desired design standards were incorporated into code 49. In-depth review of performance zoning standards in Chapter 10 is needed. Improve design standards and encourage use. CH 10 -- MFRA prepared a new performance standard overlay district which allows for by-right development flexibility in return for increased design standards. DIAGNOSIS 18 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 50. CUPs (in general): make sure all conditionally permitted uses in the code have specific review criteria. Example: Sec 10-5 (B) -- Within the new “Use Standards” chapter, MFRA created a section which includes specific criteria for all nearly all uses allowed by code. Such specific criteria would be in addition to the general criteria reviewed for all CUPs. 51. Eliminate the need for CUPs when an in-depth review is not necessary All -- All uses were reviewed to ensure they are assigned the proper classification (permitted, conditionally permitted, interim permitted) in each zoning district. 52. Discuss the purposes of the B-1 Neighborhood Business District with city staff – get direction on needed changes CH 11 -- The B-1 zoning district was retained for future use if/when the city identifies areas appropriate for small neighborhood businesses. 53. Trucking Services are not an interim use unless located on a parcel slated for development at a specific time. Discuss proper classification Sec 13-5 -- All uses (including trucking services) were reviewed to ensure they were assigned the proper classification (permitted, conditionally permitted, interim permitted) in each zoning district. 54. Commercial Uses (all districts): simplify allowable use list and avoid specifics (i.e. retail sales instead of “dry goods store”) All bus. Districts -- The table outlining allowed uses utilizes general classification categories which keeps the city flexible to new uses as they arise. 55. Get direction on institutional and semi- public uses (e.g. churches). Use the P-S district? Handle accordingly. ? -- The P-S district was eliminated as its allowed uses were heavily overlapping with other districts, and it was operating more as spot zoning rather than a distinct district. The idea of maintaining the district with a focus on schools, churches, parks, and hospitals (etc) was discussed but voted down by the steering committee. 56. Maintain existing downtown regulations for changes after future planning is complete. CH 14B -- MFRA sought to keep all CCD regulations unchanged within the new code. 57. Review permitted uses within the industrial districts; meld commercial and industrial uses where appropriate CH 15 -- New broad use categories were introduced in both commercial and industrial areas potentially allowing for a greater variety of business types DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 19 CITY OF MONTICELLO ZONING DISTRICTS AND ALLOWABLE USES GOALS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 58. Get DRAFT version of new PUD codes; suggest edits as appropriate; incorporate into the new code framework CH 17 -- MFRA drafted new PUD regulations and assisted the city with multiple revisions to such. 59. Revise and update the zoning map into a readable document showing all zoning and overlay districts Map -- GIS parcel data was coded with both the old zoning data and proposed new zoning districts. 60. Some residential areas (e.g. R2) have developed like other districts (R1). Zoning map should be changed accordingly. Map -- MFRA worked with City staff to identify needed zoning changes, and suggested other changes as appropriate 61. Make overlay districts clearly stand out in the new code:  Floodplain District  Wetland District  Drinking Water Supply Management Area (DWSMA)  Mississippi Scenic District  Shoreland District  Freeway Sign District  Hospital District  NRI District? CH 18, 19, 27 -- The “Use Standards” section of the new code has a subsection devoted specifically to overlay districts. They are no longer buried amongst other code regulations and should be easy for all users to find. 62. Examine the Carlyle Village plans and results; example of development process that did NOT work. Suggest ways of using incentives and clustering instead ? -- City staff and members of the Steering Committee reviewed plan sets for many developments throughout the community, and used their findings to guide MFRA’s changes to standard district provisions and new PUD regulations. 63. Add “religious organizations” as a conditionally permitted use in the industrial zoning districts. ? -- The steering committee considered this request, but elected to exclude “places of public assemble” from the industrial areas given the limited amount of available industrial land. DIAGNOSIS 20 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO GOALS FOR DESIGN STANDARDS, TRANSITIONAL FEATURES, & OTHER EDITS Goal Pg(s) Technique(s) Used to Address the Goal 64. Fees section can likely be removed provided the city has another “fees” section in city code that is updated yearly by ordinance. CH 26 -- Fees are addressed outside of zoning. All references in zoning to fees point to the City’s yearly adopted fee schedule 65. Create new enforcement policies and applicable penalties for code infractions. CH 28 -- A new “Enforcement” chapter (7) outlines what constitutes a violation, how staff will pursue compliance to code, and what are the consequences of non-compliance 66. Remove moratorium language from code CH 29, 30 -- The text of Interim ordinances (such as moratoriums) are not required by statute to be included within the City’s book of ordinances. -- MFRA eliminated the prior moratorium language entirely, and recommends that such language not be codified in the future 67. Move language governing grading, drainage and erosion control to a proper location within the new code. Use recently updated language. CH 33 -- Grading and erosion control standards were relocated into Chapter 4: Finishing Standards as section 4.10 68. Recommend amendments to the subdivision ordinance as necessary Sub Ord. -- While not a component of this project, MFRA will be sure to alert staff to subdivision ordinance changes that may be desirable or necessary as a result of new code changes. 69. Distribute the requirements of section 3-2(C) to more intuitive locations in code (surveys required, ROW protection, official map) pg 3-6 -- Organization of the new code was a top priority throughout the rewrite process. -- All existing sections of code were relocated as deemed appropriate, and a cross-reference between the old and new code was created to allow easy referencing between documents. 70. Separate fencing, screening, and landscaping requirements as necessary for clarity and ease of use Sec 3-2G --Fencing, screening, and landscaping requirements were all given their own sections within the new Chapter 4. Cross-references were added as needed DIAGNOSIS ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE 21 CITY OF MONTICELLO GOALS FOR DESIGN STANDARDS, TRANSITIONAL FEATURES, & OTHER EDITS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 71. Planting requirements on required landscape plans for site plan review (study?) pg 3-14 -- Planting requirements were specifically spelled out in the landscaping portion (section 4.1) of the finishing standards chapter --Specific requirements for landscaping plans were also outlined in section 4.1, and such plans would be required during a site plan review process 72. New tree preservation ordinance is desired in lieu of section 3-2(G)(8) (study?) pg 3-16 --New tree preservation standards were added to code as section 4.2 73. Section 3-2(G)(10) “Interstate Highway Landscaping” has “never or rarely been applied;” decision needed on whether it should be retained or eliminated pg 3-17 --Interstate landscaping requirements were eliminated in favor of overall standards for parking lot landscaping, perimeter landscaping, site landscaping, and screening requirements (all in section 4.1) 74. Insert landscaping cross references in code when necessary [i.e. with parking standards…sec 3-2(G)(11)] -- -- Cross-references were introduced throughout the code to assist readers in locating important supplementary information. 75. Improve language governing appropriate lighting; prohibit drop-down lighting without shielding pg 3-18 -- New lighting standards were added to the finishing standards chapter as Section 4.4 76. Coordinate “nuisance” issues into a single section pg 3-18 -- Nuisance regulations have been coordinated in the new “Use Standards” chapter within a section applicable to all uses. 77. Restrictions on fencing impacts to ROWs should also extend to landscaping Sec 3-2F -- The new code contains a section outlining common yard and height requirements applicable throughout the city. One of those common requirements is protection of corner visibility against obstruction by fences, walls, landscaping, etc. DIAGNOSIS 22 ZONING CODE DIAGNOSIS & ANNOTATED OUTLINE CITY OF MONTICELLO GOALS FOR DESIGN STANDARDS, TRANSITIONAL FEATURES, & OTHER EDITS (continued) Goal Pg(s) Technique(s) Used to Address the Goal 78. Dictate acceptable fencing materials in new code (chain link? Barbed wire? Chicken wire? Plastic or wooden snow fencing?) Fencing regs. -- Fences and Walls were given their own section (4.3) within the finishing standards chapter --MFRA worked with the steering committee to identify appropriate fencing materials, prohibited junk fences, and provided provisions for exceptions when authorized through approval of a security plan 79. Relocate required buffer yard standards nearer the required landscaping sections as both deal with mitigating impacts. Sec 3-3 (F) -- All landscaping/buffering/screening requirements were relocated to a single section (4.1) in the finishing standards chapter 80. Eliminate provisions on Utility Transition Areas. Sec 3-4 (C) -- Utility transition areas (along with all other sections of code deemed no longer necessary) were eliminated. 81. Incorporate new off-street parking requirements currently being completed by the City. Review to see if all staff comments were addressed. Sec 3-5 -- MFRA transitioned the City’s new off-street parking standards into the new code as Section 4.9 82. Off-street loading standards should have a good link to commercial and industrial standards. pg 3-43 -- MFRA transitioned the City’s new off-street loading standards into the new code as Section 4.9 83. Chapter 3A Signs already updated; fold into new code structure in the appropriate location. CH 3A -- Chapter 3A was moved into the new code as Section 4.5 84. Regulations governing outdoor storage in all districts should be examined. All -- Outdoor storage was eliminated as a principal use in all districts, and was limited by conditions as an accessory use. Proposed City of MonticelloZoning Classificaitons Zoning DistrictsA-OR-1R-2R-3 R-1A (New R-A)R-2A (New T-N)R-PUDPZ-MB-1B-2B-3B-4CCDI1-A (New IBC)I-1I-2P-S Water R-4 (New M-H) MEMORANDUM TO: Angela Schumann FROM: Andrea McDowell Poehler DATE: May 27, 2010 RE: Zoning Ordinance Review Global Comments A definition section must be provided; All definitions are in section 8.4    The ordinance makes references to this ordinance or sections of this ordinance, if the ordinance will be codified with the City Code, the references to “ordinance” should change to references to a chapter, title or section or “this Code” as appropriate Because the new zoning ordinance does not follow the formatting of the existing City  code, we would recommend that city code contain a reference to the zoning ordinance  which would be it’s own separate document.    Here’s an example of the suggested language from the Lino Lakes City Code:    § 1007.01 ADOPTION BY REFERENCE. The revised comprehensive zoning ordinance, copies of which are on file in the office of the City Clerk, is adopted and incorporated as part of this code of ordinances as fully as if set out in length herein.   Throughout the zoning ordinance are references to “consistency with the Downtown Revitalization Plan.” If this Plan is not part of the Comprehensive Plan, it should be officially adopted by the City; otherwise, the references to it in the zoning ordinance may not be supportable and a denial based on lack of consistency may be subject to challenge. If the requirements are specific, perhaps it should be an overlay district and the requirements directly incorporated into the zoning ordinance. This would provide the best deterrent to any challenges. I have not yet completed a review of the antenna/satellite provisions which will require a review of federal law and recent updates. I will provide that as soon as possible Without the definitional provisions, some of these comments and my review may be incomplete. Please feel free to call me to discuss any of the comments at (651) 234-6228 Chapter 2 Table Summary of Rose of Decision-Making Bodies: Is the Community Development Department actually the decision making body on Building Permits and Certificates of Occupancy. I believe that role is assigned through state law to the Building Inspector and the Community Development Department would merely recommend. Please confirm. The definition of Community Development Department includes “those departments assigned  by the City Manager to oversee the various aspects of development within the city.  Such  departments may include but are not limited to planning, building safety, and engineering.”   The intent was to use “Community Development Department” as a general term to guard  against situations in which the “zoning administrator” must do something but he/she is not  present.  2.2(C)(6) – this is inconsistent with the table where the PC makes final decision. However, if a site plan agreement is required, that should go to the City Council. Table 2‐1 was changed to include an asterisk under City Council for an as‐needed review, and  subdivision (6) was removed from section 2.2(C)(2)(b).  2.2(F)(1) – (2) – Is this appropriate for the zoning ordinance or should it be located in the general code provisions related to commissions and committees? There was an initial request to include the noted language here, followed by a request to  remove it in favor of a new location in City Code.  It is our understanding that the new City  Code language is in the process of being approved, and we will insert the appropriate  reference once complete.  2.3(B) – You may want to add an additional subsection (4) providing that the City may require necessary supporting title information establishing ownership interests in the property, such as a title commitment. This could also be included under 2.3(D)(2). The requested language was added to the zoning ordinance as section 2.3(D)(2)(c).  2.3(D) – You may want to require as part of the application submission that “applicant provide a list of property owners located within the required notification distance of the subject property for the type of application. Said listing shall be obtained from and certified by an abstract company.” The requested language was added to the zoning ordinance as section 2.3(D)(2)(e).  2.3(H)(4) – The City may want to consider requiring an escrow for applications to cover these costs up front. Escrow amounts for the various application types can be added to the fee schedule, with a requirement that the escrow be maintenance/replenished to cover costs. Agreed that an escrow is a good idea and would be added to the fee schedule.  2.3(I)(2) – Revise first line to read: “Unless otherwise expressly provided or required by law, all statutorily or code required notices shall be postmarked or published . . .” Added as requested    2.4(B)(4)(b) – Do you want to provide that the Council may decide to hold a hearing in addition to recommendation by Community Dev. Dept? We’ve added in the option for a Council driven public hearing.  Also, the last sentence of this section does not comply with state law with respect to zoning map amendments and must be revised to read: Approval of an amendment shall require a majority vote of all members of the city council. Amendments which change all or part of the existing classification of a zoning district from residential to either commercial or industrial require a two-thirds (2/3) majority vote of all members of the city council. Done.  2.4(C)(1) In the seventh line “of property” should read: “on property” Done.  2.4(D)(7) With the economy as it is, a lot of permits have been getting extended where property owners are short on funds, do you want to consider unlimited extensions if approved by council. City decision – no change at this time.  2.4(D)(4)(d) – Fifth line, “insure” should read “ensure.” Done – all other similar usage was corrected as well.  2.4(D)(8)(a)-(b) – Is 6 months adequate? Should council have the ability to provide unlimited extensions, if necessary. I would not recommend unlimited extensions to CUP approvals as circumstances surrounding  the parcel may change in a manner that no longer supports the CUP. 2.4(E)(4)(v) I am not sure of the purpose for the consent agreement in relation to property that may be taken over by the public, can you provide additional info? This restriction could be considered a “taking” through limiting the use of the property in advance of public acquisition. The intent is to comply with the statutory requirements for IUPs (of biggest concern being the  requirement that granting the IUP will not cause the public to incur additional costs if a public  agency needs to acquire the property in the future).  On its face, approval of an IUP will  essentially allow for some kind of use or improvement; either of which will presumably be  used against a public agency for increased compensation if the property is to be acquired.  The  consent agreement would require the applicant to agree to the following prior to applying for  an IUP:  1. If this application is approved by the Monticello City Council and an interim use permit is  issued, the interim use of the property will not impose additional costs on the City or any  other public entity if it is necessary to acquire the property or a portion thereof after  issuance of the interim use permit.  2. The applicant acknowledges that the proposed use is temporary and terminates upon  expiration of the interim use permit. The applicant has no legal or equitable right to future  re‐approval of the interim use permit and must file an application for that purpose.  3. The applicant will comply with all conditions imposed by the City Council on the interim  use permit.  4. This Consent Agreement shall be binding on any owner, operator, tenant and/or user of  the property for which the interim use permit has been granted and the applicant is  authorized to sign this Consent Agreement on behalf of said owner, operator, tenant  and/or user of the property.  I don’t believe any of the above could be considered a taking, but am interested to hear your  further thoughts.  2.4(E)(8) – The first clause of the first sentence is invalid and must be revised to read: The City Council may suspend or revoke an Interim Use Permit upon finding that any of the conditions set forth in the permit are violated. Like a variance and CUP, IUPs run with the land and cannot be revoked if the property is in compliance with the permit and city code. If the use is having an impact on surrounding property in a way not foreseen in the initial approval, the City would need to enforce it under its nuisance ordinance, but could not revoke the IUP. I recommend deleting the last sentence, as this would be something that could be considered as part of the revocation process, but does not need to be a requirement under the code. The language was edited as requested.    BACKGROUND NOTE: The ideas for the consent agreement and the revocation language came  from the Bloomington Zoning Code which has utilized IUPs for many years.  Is there new  established case law on this issue?  State Statute Section 394.301 (3) states that “a conditional  use permit shall remain in effect for so long as the conditions agreed upon are observed,  provided that nothing in this section shall prevent the board from enacting or amending  official controls to change the status of conditional uses.”  No such language is in the IUP  statute 462.3597. 2.4(E)(9) – See previous comments regarding time limits and extensions for permits issued, but unused. City decision – no change at this time.  2.4(E)(10) – I recommend deleting this section. The statutes do not provide for an alternate approval process for renewals. If the IUP is set to expire, it requires an amendment under the full process to extend. Again, unlike the statues for CUPs, the IUP statute doesn’t seem to spell out any specific  process that must be followed.  The language was edited as requested, but I’d like further  clarification to be provided.  2.4(G) – technically, these are variances and should be treated as such, including the provision of notice and hearing The object is to make them not variances.  Rather than deleting the language, I am suggesting  we work with the City Attorney to devise acceptable language if possible.  2.4(N)(7)(i) – Delete “maximum of” in heading, as it suggests that something less than the maximum can be awarded. In the point system devised by the City for PUD qualification, less than the maximum number  of points per category can be awarded.  No change was made at this time.  2.4(N)(12)(a)(i) – Do you want to add at the beginning of this section: “Unless an extension is approved by the City Council, . . .” Done.  2.4(N)(12)(c)(iii) – If an abstract is provided, it will require the city to spend additional funds to have an attorney review the abstract. This may be very simple and straightforward for a short, clean abstract; however, it may be very cumbersome and costly for a lengthy abstract. I recommend deleting the last sentence and revising this section to read as follows: “Up-to-date title evidence for the subject property in a form acceptable to the City shall be provided as part of the application for the PUD Final Plan.” Done.  2.4(N)(12)(c)(iv) – Revise this section to read: “Developer shall provide warranty deeds for Property being dedicated to the City for all parks, outlots, etc., free from all liens and encumbrances except as otherwise waived by the City.” Done.  2.4(N)(12)(c)(v) – Revise this section to read: “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.” Done.  Chapter 3 Throughout this chapter, the chart references “Required yards,” to make this more clear, I would recommend changing all references in the charts and footnotes to: “Required Setbacks” I am waiting on direction from the City before making this change.    In the flood related overlay districts, I am not sure that the requirements are up-to-date, given the references to statutes that have been repealed for many years. Can you confirm that the regulations themselves have been reviewed recently? Floodplain standards are all existing language that was simply moved into the new code  framework.  Changes to this language must be reviewed and approved by the DNR, so  implementing changes at this time could potentially impact the overall review timeline.  For  the purposes of this review, we have, however, incorporated the requested legal changes.   Whether they proceed now or in the future can be determined by the City.    Should 3.7(C) include a new subsection after (C)(5) dealing with criteria for a General Flood Plain District similar to the breakout sections for the FF and FW Districts? (see above)  3.2(A)- the flood fringe (FF) and floodway (FW) districts should be included here. I have always viewed the flood fringe and floodway areas as subsets of the overall floodplain  overlay district – not separate overlay districts in and of themselves.  No change will be made  unless requested by the City.  3.5(G) – Information missing on the B-C district To be amended following direction of the City    3.7(C)(1)(a) – change the reference to Chapter 104 to 103F. Minn. Ch. 104 was repealed in its entirety. Done.  3.7(C)(2)(a) – this should include a reference to general flood plain districts and/or any zones identified in a Flood Insurance Study for the City, if one has been done? A reference to the general floodplain district is included.  3.7(C)(2) – Would a definition section be useful or the definitions included elsewhere, e.g.: Our intent from the beginning was to organize all definitions within one section of code  (located at the end of the document).  Existing floodplain definitions have already been  relocated there.  Duplicate definitions within the existing code will need to be reviewed, and  one definition eliminated (yet to be done).  (G) Definitions: Unless specifically defined below, words or phrases used in this Chapter shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this Chapter its most reasonable application. BASEMENT: Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four (4) sides, regardless of the depth of excavation below ground level. This definition of basement is for interpreting and administering only the provisions of this Chapter dealing with flood plain regulations and is distinct from the definition that applies to the other Chapters of this Title. EQUAL DEGREE OF ENCROACH MENT: A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FLOOD: A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY: The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. FLOOD FRINGE: That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. FLOOD PLAIN: The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOOD- PROOFING: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. FLOODWAY: The bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. OBSTRUCTION: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure or matter in, along, across, or projecting into any channel, watercourse or regulatory flood plain which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. PRINCIPLE STRUCTURES: All structures that are not accessory structures. REACH: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two (2) consecutive bridge crossings would most typically constitute a reach. REGIONAL FLOOD: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. REGULATORY FLOOD PROTEC TION ELEVA TION: The regulatory flood protection elevation shall be an elevation no lower than one foot (1') above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. STRUCTURE: Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers/vehicles not meeting the exemption criteria specified in subsection _______, and other similar items. VARIANCE: A modification of a specific permitted development standard required in an official control, including this Chapter, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in the City's respective planning and zoning enabling legislation. This definition of a variance is for interpreting and administering only the provisions of this Chapter dealing with flood plain regulations and is distinct from the definition that applies to the other Chapters of this Title. 3.7(C)(4)(a) (i) – revise first line to read: “Agricultural: General farming, pasture, grazing, outdoor plant nurseries, horticulture. . . “ Done.  (ii) – revise first line to read: “Industrial and Commercial: yards, loading areas, parking areas, and airport landing strips.” Done.  (iii) – revise first line to read: “Private and Public Recreational Uses: golf courses, tennis courts, driving ranges, archery ranges . . . “ Done.    (iv) – revise first line to read: “Residential uses: lawns, gardens, parking areas and play areas.” Done.    3.7(C)(4)(c)- revise heading to read: “Conditional and Interim Uses” If the City would like to include specific interim uses within the floodplain district, that should  be in a separate category than the conditional uses.  No changes will be made in this regard  unless specifically directed to do so by the City.  3.7(C)(4)(d) – revise heading to read: “Standards for Floodway Conditional and Interim Uses” (see above) 3.7(C)(g) – replace reference to Minn. Statute Chapter 105 to Minnesota Statutes, Chapter 103G (as 105 was repealed). Done.  3.7(C)(4) - add new subsection (i) to read: (i) Garbage and Solid Waste Disposal: a. Garbage and solid waste disposal sites may not be located in floodway areas. b. There shall be no further encroachment upon the floodway at existing sites. Done.  3.7(C)(5)(e) – add new subsection (viii) to read as follows?: (viii) Waste Treatment and Waste Disposal: a. No new construction, addition, or modification to existing waste treatment facilities shall be permitted within the flood fringe unless emergency plans and procedures for action to betaken in the event of flooding are prepared, filed with and approved by the Minnesota Pollution Control Agency. The emergency plans and procedures must provide for measures to prevent introduction of any pollutant or toxic material into the flood waters. b. There shall be no disposal of garbage or solid waste materials within flood fringe areas except upon issuance of a conditional use permit for sites approved by the Minnesota Pollution Control Agency, provided there will be no further encroachment on the floodway. Done.  3.7(C)(7)(c) – There should be a colon after “provided” in the first sentence, not a period. Done.  3.7(C)(9)(b)(iii)- Add “or interim” after the word “conditional” in the second sentence. Done.  3.7(C)(9)(c)(v) – To avoid conflict with the 60 day rule requirements, I recommend deleting the first 9 lines and retaining the remainder of the section beginning with “Violations of any conditions and . . . . “ The old “Board of Adjustment” language was replaced with a new set of variance criteria  (referring to the general variance process in Chapter 2) along with other requirements  gathered from existing code language.  3.7(C)(9)(d) – Revise heading to read: “Conditional and Interim Uses”. Also, throughout this Section add “and interim” after “conditional whenever used in this section. Done.  3.7(C)(9)(d) – Revise first line to read: “The City Council shall hear and decide applications for conditional and interim uses . . . “ This language was completely revised.    3.7(C)(9)(d)(ii) – To avoid conflicts with the 60 day rule, I recommend deleting the first sentence. The old process language was replaced with a reference  to the general CUP and IUP processes  in Chapter 2, and was suplimented with other requirements gathered from existing code  language.  3.7(C)(9)(d)(iii)(5) – To avoid conflicts with the 60 day rule, I recommend deleting this subsection in its entirety. Done in conjunction with the general process changes for reviewing CUPs and IUPs within the  floodplain district.  3.7(C)(12)(a) – In the 5th line, replace the word “he” with “the Commissioner” Done.  Wetland and Scenic River Overlay Districts. These sections are based on references to outdate state law and rules. Will they be updated accordingly and do you want my review before or after these sections are reviewed and updated? I believe the city will be updating these sections once the DNR completes its process of  rewriting the rules.  For now, the existing language has simply been moved into the new code  framework.  Chapter 4 4.1(A)(2) – Capitalize “City” in the second sentence. This probably should be a global comment. Done.    NOTE:  For the remainder of comments on Section 4.1, no action was taken as the existing  language reviewed by the City Attorney in this memo was largely replaced in the subsequent  drafts.    - 4.1(E)(3)(a) – revise the reference to 3(a) to ___? Not sure what is intended here, perhaps (C)(1)? - 4.1(E) – Are there any species of trees that should be prohibited, e.g. ash? - 4.1(H)(3) – this section seems extremely vague such that denial of the 500 feet bonus could easily be challenged. Are there any specific indicators that you could include? - 4.1(H)(4) – Revise last sentence to include a reference to the “proof of parking” section. - 4.1(J)(1) – Clarify last sentence to specify what is being screened: e.g. the building or the entire parcel, or ___? - 4.1(J)(2) – same comment as for 4.1(J)(1) - 4.1(M) – Revise second sentence to read: “Such fence shall provide 100% opacity and shall not exceed eight (8) feet in height or be less than six (6) feet in height.” - 4.1(M) – The last sentence needs to be deleted or revised to give clarification on the type of fencing materials that are appropriate and should not be left to the discretion of a city department. - 4.1(N)(2) – What is “landscaped garden area”? This should have a definition. What is contemplated for the remaining 40% of the front yard? This section seems a bit complicated. I am not sure that I clearly understand it. 4.3(C)(2) – the “t” in the 4th line should be “to.” Language was relocated sometime since March and was edited for clarity.  4.3(D) Revise first line to read: “Fences and walls are not permitted in the public right- of-way except for retaining walls as approved by the City Engineer through a written encroachment agreement in a form approved by the City.” Language requiring an encroachment agreement was added to the new section dealing with  encroachments into both D&U easements and public right‐of‐way.  4.5(A)(3A-3) – revise references to the “sign ordinance” to read “this Section” or, if appropriate, “this Chapter.” I believe all of these references have been addressed. 4.5(A)(3A-4) – revise “permit” in the second line to read: “sign permit.” Done.  4.5(A)(3A-4)(F) – revise the last line to read: “within the time-frame provided for a decision as provided under Minn. Stat. Section 15.99.” 3A‐4 subsections (C) through (F) have all been eliminated.  4.5(A)(3A-5)(A) – revise last line to read: “involving sign painting on a surface other than the surface of the building.” Done.  4.5(A)(3A-5)(D) – recent changes in state law require that this section be revised to read as follows: All noncommercial signs are permitted on private property in any zoning district with the express consent of the owner or occupant of such property. In a State general election year, noncommercial signs of any size may be posted in any number forty-six (46) days before the State primary in a State general election year until ten (10) days following the State general election. Election signs posted in connection with elections held at times other than those regulated by Minn. Stat. 211B.035 shall not be posted more than 13 weeks prior to the election and shall be removed by the party responsible for the erection of the sign or the property owner within ten (10) days after the election. Done.  4.5(A)(3A-5)(E) – Are these defined somewhere? Yes.  Existing definitions were moved into the new code.  4.5(A)(3A-6)(C) – Since the premise of this section is not to base regulations on “content” and since state law provides a remedy, should this section be deleted? Done.  4.5(A)(3A-10)(M) – Delete the second “that” in the first line. Done.  4.5(A)(3A-10)(M) – In the first line of the paragraph on monument signs, delete “are” and replace with “area.” Done.  4.5(A)(3A-10)(S) – the limitations on area in this section should clarify whether the limit is per face of a multi-faced sign or a total for all faces. This comment is a global comment as it applies throughout Section 4.5 and limits on area provisions. Section 4.5(H)(10) (exiting language) seems to indicate that sign size is per face, and not a  total for all faces.  I have added additional language as section 4.5(H)(10)(a), however, to  clarify the matter.  4.5(A)(3A-10)(U)(3) – limit per face or total for all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(A)(3A-10)(V) – Revise this section to add at the end of the first paragraph the following and number each paragraph thereafter: “Dynamic signs shall comply with the following requirements:” I believe this was addressed with the revised formatting.  4.5(A)(3A-10)(V) – Revise the second line of the 4th paragraph (to be renumbered as 3.) to read as follows: “time and temperature displays which may change as frequently as once every three (3) seconds.” Done.  4.5(A)(3A-10)(V) – Delete the 7th paragraph regarding “Amber Alert.” This is inconsistent with the policy of the ordinance to not base requirements on “message.” This could be deemed to be a “taking” of private property.  Done.  4.5(A)(3A-10)(V) – Eighth paragraph regarding licensing. If there is a license requirement, I recommend that license-related provisions be place there and not in the sign ordinance, which has no such requirement and that this paragraph be deleted. The City could provide a single statement that, as a condition of the sign permit, all necessary licenses be obtained for a dynamic sign. Done.  4.5(A)(3A-10)(V) – Ninth paragraph. Would the City want to include a restriction for abutting property that is used for residential purposes (even if not zoned for residential) e.g. a legal nonconforming use? I’ll wait for direction from the City before making this change  4.5(3A-11)(A) – There is no PZM zoning district identified in the district table or elsewhere in the zoning ordinance. The PZM zoning district has been eliminated  4.5(3A-11)(A) – sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-11)(B) – There is no P-S zoning district identified in the district table or elsewhere in the zoning ordinance. The PS zoning district has been eliminated  4.5(3A-11)(B) – sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(A) – No P-S or PZ districts. The PS and PZ zoning districts have been eliminated  4.5(3A-12)(A)(1) – revise first line to read: “Except for the uses specified in Section 3A- 12A2 and 3 of this Chapter, not more than one (1)” Done.    4.5(3A-12)(A) (1)(a)– sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(A) (2)– sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(A) (3)– sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(B) – No PZ district The PZ zoning districts have been eliminated  4.5(3A-12)(B) (2)(a)– sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(A) (2)(b)– What is the “freeway corridor area”? Also, sign area limit per face or total area of all faces? I requested a graphic from the City for the Freeway Corridor Area for inclusion in the new  code.  Sign area is to be per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(A) (2)(d)– Sign area limit per face or total area of all faces? Per face [see previous comment for Section 4.5(A)(3A‐10)(S)]  4.5(3A-12)(A) (5)– After the first paragraph, letter each following paragraph in alphabetical order “a” through “g” I couldn’t find this specific reference, but our reformatting of the new language has ostensibly  addressed this issue.  4.5(3A-12)(H)(2)(b) – delete this paragraph as unnecessary. The procedures have already been established in chapter 2. Duplication may result in confusion and failure to make changes in both duplicative sections when changes are made, resulting in inconsistencies. Done.  4.7(A)(1) – Delete “as” in the first line. Done.  4.8(F)(5) – No PZ district. The PZ zoning districts have been eliminated  4.9(B)(4)(b) – Should a letter of credit or other security deemed acceptable by the city be required rather than a bond that can be more difficult and cumbersome to draw upon? Done.  4.9(E)(3) – Revise the word “should” in these 2 sentences to read “shall.” Done.  4.10(C)(R-1 District) - Revise the first line to read: “A minimum of 15% of the front building façade of any . . . “ Is it clearly defined within the code what the “front” of the building is? The final 2 sentences under this section provide a bit too much discretion to the zoning administrator. See attached example ordinance of additional sample criteria for design standards to limit discretion through design criteria guidelines. First line revised.  Definition for “front building façade” was added as shown below:    Front Building Façade means: A building elevation which fronts on a public street, pubic parking  lot, private parking lot available to the general public, or pedestrian walk where customer access  to a structure is available.  4.10(C)(R-1A and R-2A District) – No such districts identified in Chapter 3. Revise first line to read: “A minimum of 20% of the front building . . . “ Same comments as above. Done.  4.11 Should this use be an IUP? I don’t believe so.  I know some communities (e.g. Maple Grove) do so, but I have no idea how  they justify it.  The wind isn’t going away and the area isn’t guided for a new use in the future  by the comp plan, so what specific factor do you base elimination of the IUP on?  4.11(B)(3)(b) – delete this provision. Abutting owner complaints are not a basis for requiring response, unless the use is in violation of the ordinance (e.g. nuisance, MPCA noise standards) or permit provisions. Refer in the ordinance to the requirement of complying with MPCA noise standards. Done.      Chapter 5 5.1(A) Use Table. Group Residential Facilities. The Use Table and definition sections must be updated to conform to the requirements of state law as follows: The following uses must be considered permitted single family residential use of property: State licensed residential facility or a housing with services establishment registered under Chapter 144D serving six or fewer persons; Licensed day care facility serving 12 or fewer person; Group family day care facility licensed under Minn. Rules parts 9502.0315 to 9502.0445 to serve 14 or fewer children; Exception: a residential facility whose primary purpose is to treat juveniles who have violated criminal statutes relating to sex offenses or have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses shall not be considered a permitted use. The following uses must be considered a permitted multifamily residential use of property or a conditional multifamily residential use if necessary to provide conditions to assure proper maintenance and operation of the facility: State licensed residential facility serving from 7 through 16 persons; Licensed day care facility serving from 13 through 16 persons The definition currently included in Chapter 7 includes the above details from statute.  Manufacture Home Parks. Concern regarding the allowed districts. Note that a manufactured home park must be allowed as a conditional use in any zoning district that allows the construction or placement of a building used or intended to be used by two or more families. This would require that manufactured home parks be allowed in the B-2, CCD and R-2 districts as Conditional Uses. Standards for granting the conditional use should be explicitly stated in the city ordinance. Manufactured Home Parks are listed as conditionally permitted in the noted districts, and the  code does spell out very detailed requirements for such in section 5.2(C)(4).  Place of Public Assembly Use. Concern regarding the Place of Public Assembly District. Note that this may be subject to challenge under the Religious Land Use and Insitutionalized Persons Act (“RLUIPA”). RLUIPA provides that no government may impose or implement a land use regulation in a manner that: • Treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution. For example, a zoning ordinance that allows community centers and fraternal organization centers in a particular district, but not a religious center (such as a church, mosque or synagogue), whose use would be strikingly similar to the other allowed uses. Note that districts available to Public Buildings or Uses are more expansive than the Place of Public Assembly districts. If a church wanted to locate in a B1or B2 district, for example, they may have an argument under RLUIPA, based on other similar uses that are allowed in those districts. • Discriminates against any assembly or institution on the basis of religion or religious denomination. • Totally excludes religious assemblies from their jurisdiction or unreasonably limits religious assemblies, institutions, or structures within a jurisdiction. The City can consider this issue now or wait to face it and perhaps address through and ordinance amendment if challenged in the future. The point of having a category of  “Place of Public Assembly” is to avoid possible RLUIPA  claims by lumping all such uses into one category.  Further clarification on how this approach  is less safe than listing “churches” and “fraternal organizations” for example separately is  needed before any changes will be made.  5.2(A)(1)(e) - Cities may adopt local noise control ordinances. However, cities cannot set standards describing the maximum levels of sound pressure that are more stringent than those set by the MPCA with respect to environmental noise monitored at the location of the receiver. Cities can adopt more restrictive noise level limits than those set by the MPCA to regulate the emission of noise from specific sources. The noise provisions in this section are not consistent with the MPCA regulations. I recommend deleting the noise provisions in this section in their entirety and providing the following as a general performance standard for all districts: Noises emanating from any use shall be in compliance with and regulated by the State of Minnesota pollution control standards and rules. In no case shall noise emanations constitute a nuisance as defined and regulated by this code. The League has model long and short form noise ordinances that the City could review and consider for the Code, but these are usually not located within the zoning ordinance. Done.  5.2(B)(3) – need a definition for “community garden” provided somewhere in the zoning ordinance. Already in Chapter 7.  5.2(C)(2)(d)(vi)(1) – need clarification on what constitutes “useable open space” Existing definition for “useable open space” was retained, and a new “open space” definition  was added.  5.2(C)(3)(g) – I am not familiar with this document or whether it is currently in use. I recommend revising this subsection to read: “All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.” The language in question is existing code text simply moved into the new code framework.   The requested change was made in the latest draft for city consideration.  5.2(E)(1) – What if there are mixed uses in the remaining portion of the building? As the code is written, I would say that the office use would not be permitted to have outdoor  storage, whereas the other uses may be allowed to have such if allowed by code.  An  exception could be made, but are there really office uses that have a need for outdoor  storage?  5.2(E)(3)(a) – I recommend deleting this provision as unenforceable. Done.  5.2(C)(3)(d) – “me” should be “met” Done.  5.2(C)(3)(e) – This language gives too much discretion and is thus unenforceable. Revise to read “The site shall conform to signage requirements provided under Section ___ of this Code.” Delete the last sentence. The sign provisions may need to be updated to include signage options for multiple tenant structures. Done.  5.2(F) – to be valid and enforceable, the adult use provisions must have been adopted with very specific Findings of Fact based on studies documenting the negative secondary effects associated with adult uses. If this wasn’t done when these provision were originally adopted, it should be done now. Also, courts have approved ordinances where at least 5% of the land was available for adult uses. Applying the setbacks, the area appears to be reduced to 2.35%. This amount of land is definitely on the low side. Acreage closer to 5% would be preferable. Could the setbacks be reduced and/or the I1 district be included with even greater setbacks? The plan on these provisions is to wait until all new zoning district boundaries are set which  will then allow us to analyze the percentage of land available for adult uses.  It is my  understanding that the city did undergo the necessary study and documentation to support  the effects of adult uses.  5.2(F)(3)(b) – in the third to fourth sentence “to the side of the principal structure” should be better clarified, e.g. referencing side or front yard setbacks. Clarification complete!  5.2(F)(4)(a)(i) – this section would be more clear if it were reversed to read: “The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings and area to avoid impairment in property values and blight within a reasonable distance of the lot.” Done.  5.2(F)(4)(a)(v) – It may be clearer to reference opacity, e.g. 100% opacity. Section 4.1(F) outlines how the screening must be implemented.  5.2(F)(4)(a)(xiii) – No PZM district listed in table or uses. The PZM district is proposed to be eliminated in the new code, and a performance overlay  district used in its place.  5.2(F)(4)(b)(iv) – The “city’s theme lighting style” should be better identified, either by reference to a plan or specific detail on the style. The old existing language was replaced with a simple reference to the City’s lighting standards  in section 4.4 of the new zoning code.  5.2(F)(5)(b) – No PZR district or use identified in Ordinance. The PZR district is proposed to be eliminated in the new code, and a performance overlay  district used in its place.  5.2(F)(5)(e) – Delete the following language at the end of the subsection: “under this conditional use permit.” Done.  5.2(F)(6)(a) – I’m not sure I understood the requirements here. Should this section read: “If the existing building/structure proposed for the use is determined by the City to be substandard and/or blighted . . . .” I am still concerned that this sort of requirement is not proper for a zoning ordinance, as it should be determined under the building permit requirements as to whether the building meets code for the change in use. Any prohibitions along these lines could constitute a “taking.” These were all existing regulations that were ostensibly written for a specific purpose.  As  “boarding house” is limited to the B‐4 district and will likely go unused, we did not feel it was  necessary to greatly scrutinize the existing language.  To address this comment, I simply  suggested that sub (a) be deleted in its entirety.  5.2(F)(6)(e) – Reverse to read as follows: “The architectural appearance and functional plan of the building and site shall be consistent with the existing buildings on the site or in the area to avoid impairment in property values or blight within a reasonable distance of the lot.” Done.  5.2(F)(10)(a) – Revise to read: “No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily.” Done.  5.2(F)(10)(b) – I recommend breaking this out into subsections as follows: “An outdoor recreation facility: (i) shall be appropriately separated from the parking lot and driving areas by a fence not less than 4 feet in height; (ii) shall be located . . . .” Done.  5.2(F)(10)(c) – I am not familiar with these regulations. I would recommend generally referring to compliance with state laws as follows: All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.” Done.  5.2(F)(11)(c) – This language is too vague to be enforceable. I recommend the following: “Dust and noise are controlled consistent with Minnesota Pollution Control rules and regulations.” Done.  5.2 (F)(20)(b)(i) – Is it intended that there is no setback from R-3 and R-4 districts? Subsection (a) requires that restaurants within 300 feet of a residential area must go through  a CUP process during which they would need to show that noise would not be an issue for  adjacent properties.    5.2(F)(21)(a)(ii) – Why is there a maximum consignment sales requirement for a business involved consignment sales? It’s a minimum requirement (the term used is “at least”), and it’s an existing city regulation  which we saw no reason to change.  5.2(G)(1)(i) – after “shop” add the word “located.” Done.  5.2(G)(4)(b) – reference opacity for clarity? I would recommend we leave all requirements for screening (such as opacity) in the screening  section rather than having multiple references to such in different sections.  No change was  made at this time.  5.2(G)(5) – Should this be an IUP? Land reclamation (defined as “the reclaiming of land by the importation, depositing, or  grading of soils in excess of 400 cubic yards so as to elevate the grade” is pretty permanent, so  I’d say no.  ☺  5.2(G)(9)(a)(i) – insert “at” after “shall be” Done.  5.2(G)(11)(f) – should there be a definition for “recreational vehicles” that incorporate the other terms use: “pleasure boats,” etc. Definition was already in the code.  Change was made to remove unnecessary language.  5.3(B)(1) – Second sentence should be revised to read “The provisions of this Section establish additional . . . “ Done.  5.3(D)(3)(a)(ii)(1) – Revise second line to read: “family or families residing upon the premises, except as follows:” Done.  5.3(D)(4)(f) – I recommend deleting this provisions. It is a provision that has not been specifically upheld by the courts and thus, could endanger the validity of the entire adult business ordinance provisions. It is also inconsistent with the first amendment provisions and sign ordinance premise against “content-based” restrictions on signage. Done.  5.3(D)(5) – Is there a maximum by which the buildings can exceed the principal structures in the A-O district or are they totally exempt from all height restrictions? There is no maximum height for structures in the A‐O district according to the current code.   That may change as the steering committee and staff tightens up the existing setbacks and  height standards in each zoning district.  5.3(D)(7) (a) and (b) – Add “per dwelling unit” at the end of each sentence. Done.  Also, if not already included in the definition section, the City may want to consider adding the following definition generally: FAMILY: An individual or group that maintains a common household and use of common cooking and kitchen facilities and common entrances to a single dwelling unit, where the group consists of: 1. Two (2) or more persons each related to the other by blood, marriage, domestic partnership, adoption, legal guardianship (including foster children); or, 2. Not more than four (4) unrelated persons. I inserted the new definition into the definition section and deleted the City’s existing  definition for “Family”  5.3(D)(9)(a)(ii) – This standard is a bit vague. Are there some criteria that can be added? This section is simply listing the purpose of the regulations governing antennas and antenna  support structures.  The actual standards to ensure proper citing should be within the  regulations which follow.  No change at this time.  5.3(D)(15)(d)(ii) – The standard is not enforceable. Revise to read: “Not have substantial adverse effects or noise impacts on nearby residential neighborhoods.” Done.  5.3(D)(20)(b)(i) – Revise last sentence to read: “This percentage may be increased through issuance of a conditional use permit.” Are there standards or limits that will apply to an increase under a CUP? Done.  You could say increases will only be allowed based on need and the ability to still meet  the remaining CUP criteria…  Further edits can be made upon direction from the City.  5.3(D)(21)(a)(i) – deleted second “are considered” I did not find this proposed change…I’m assuming if it was a repetition of words that the  mistake was caught and changed at an earlier date.  5.3(D)(21)(a)(ii)(8) – need standards I need additional direction on where this proposed change is located as the section reference  does not make sense.  5.3(D)(25)(c) – Will the PCA issue a permit, if it is exempt under the PCA requirements? Don’t know…that’s an existing City provision that was simply moved over into the new code  framework.  Assuming someone did their homework back in the day, I’d presume that an “air  emissions permit” is a process whereby the PCA will review a piece of machinery to certify that  it meets their standards.  It’s probably safe to assume that someone back in the day came  forward with an idea to install a prototype furnace, and this ordinance was written specifically  to deal with that case.  5.3(D)(25)(f) – Delete this provision. A CUP runs with the land permanently and cannot be revoked unless the use violates the conditions or the City Code, e.g. nuisance or MPCA noise/dust standards. Objection by neighbors is never a basis to revoke unless the foregoing are met. Done.  5.3(D)(31)(a) – Revise last line to read “inches in depth must be fenced in accordance with the provisions of Section 5.3(D)(31)” Done.  Table 5-7 Construction Dumpster – is there a more technical phrase for “expiration or finaling of a building permit?” as provided under building code? This will need to be answered by the building inspector.  “closing” might be an alternative to  finagling…    Tents and Canopies – Should there be a distinction here between commercial use and large tents and canopies from the small backyard tents and canopies that are becoming backyard fixtures as sold by Target/Walmart, etc.? Done.  Wayside Stands – Are these defined? Not yet apparently…will be soon  5.4(D): Revise first line to read: “Temporary uses, structures, or events shall comply with the following:” Done.  5.4(D)(7) – Revise to read: “Temporary signs permitted under the Code and associated with the use or structure shall be removed when the temporary activity ceases.” Done.  5.4(E)(5)(b) – This section is too vague to be enforceable, some standards or criteria would be necessary. Might not be enforceable, but it would probably keep people from proposing something  absurd.  I will see if the City has any criteria they would like to add.  5.4(E)(7)(e) – Add “no” prior to “more.” Did not change as the requirement follows “A portable shipping container shall not be  located…”  Adding a “no” wouldn’t make sense unless we changed the initial lead in sentence  first.  5.4(E)(9)(c) – Revise to read “Not reduce minimum parking areas below the minimum required for the property under the City Code.” Done.  5.4(E)(9)(e) – Revise to read: “Renew all applicable temporary use permits annually.” Done.  5.4(E)(10)(a)(ix) – Delete the second sentence. Done.  5.4(E)(12)(d) – Revise to add “in writing” after “Be authorized.” Done.  5.4(E)(13)(d)(iv) – Is it possible that special events may require multiple permits for different, but compatible uses, for a large community event? Would language to this effect achieve the same goal: “The special event shall not conflict with another permitted special event at the same location that will negatively impact on the public health, welfare, or safety.” If the events conflict from a private standpoint, that is not the issue, only the impact on health, safety, welfare of the public. Done.  5.4(E)(14)(e) – Revise “premises benefitted by” in the first sentence to read: “issuance of the” Done.  Chapter 6 6.4(F) – Delete the word “subject” in the last line. Agreed!  Done.  General Comment. What about existing nonconforming lots? Sample language below: A. General Restriction. No building, structure or use shall be erected, constructed or established on a nonconforming lot unless a variance is granted by the City, except as otherwise provided for by this Title. B. Required Merger of Common Ownership Lots: Except as provided for in Section 11-102-15 of this Title or as may otherwise be allowed pursuant to this chapter, if in a group of two (2) or more contiguous lots or parcels of land owned or controlled by the same person, any individual lot or parcel is nonconforming as to lot width, lot area, or lot frontage such individual lot or parcel shall not be sold or developed as a separate parcel of land, but shall be combined with adjacent lots or parcels under the same ownership or control so that the combination of lots or parcels will equal one (1) or more zoning lots each meeting the full lot requirements of this title lessening the nonconformity. 1. The designation of a zoning lot pursuant to this section shall be approved by the zoning administrator if the zoning lot complies with the lot requirements of the district in which it is located and will have a single tax identification number. 2. Interior lot lines within a designated zoning lot shall be disregarded in applying setbacks and other zoning ordinance standards. 3. The subdivision of a designated zoning lot shall be in accordance with Title __ of the City Code. C. Vacant Or Redeveloped Lots: Except in environmental protection districts established in Chapter ___ of this Title, legal, nonconforming, vacant lots of record may be developed for single-family detached dwellings upon approval of an administrative permit, provided that: 1. Legally Established: The lot in question was legally established in accordance with requirements of this code existing at the time of its creation and is a separate, distinct tax parcel. 2. Allowed Use: Single-family residential dwellings are an allowed use within the base zoning district. 3. Minimum Lot Size: a. Sewered Lots: A legal nonconforming lot having direct access, as determined by the City Engineer, to municipal sewer shall be considered buildable provided measurements for lot area and/or width meet minimum requirements or are sixty six percent (66%) of the requirement of the base zoning district. b. Unsewered Lots: A legal nonconforming lot not having access to municipal sewer shall be considered buildable provided it complies with section ______ of this title. c. The lot shall not have more than twenty five percent (25%) impervious surface if located within the Shoreland Overlay District. 4. Access: The lot in question has frontage on and will directly access an improved public street. 5. Health Concerns: Public health concerns (potable water and sanitary sewer) can be adequately addressed. 6. Setback and Yard Requirements: The setback and yard requirements of the base zoning district can be achieved while simultaneously resulting in development which complies with the character and general design of the immediate area and the objectives of the comprehensive plan and this title. D. Developed Lots: An existing conforming use on a lot of substandard size and/or width may be expanded or enlarged if such expansion or enlargement meets all other provisions of this title. Done (with edits as appropriate). Chapter 7 While this Chapter includes very good guidelines concerning processing of an enforcement action, I would recommend that most of it be provided as part of an internal policy and not laid out in ordinance format. The ordinance provisions tend to tie the city’s hands unnecessarily in some cases and subject the City to additional challenges where the letter of the process identified by ordinance is not followed. I would recommend shortening the provisions to a more summary form as provided in this sample: ENFORCEMENT: This Title shall be administered and enforced by the Zoning Administrator who is appointed by the City Administrator. The Zoning Administrator may institute in the name of the City any appropriate actions or proceedings against a violator as provided by statute, charter or ordinance. The Zoning Administrator's duties shall include, but not be limited to, the following: A. Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Title. B. Notify, in writing, any person responsible for violating a provision of this Title, indicating the nature of the violation and ordering the action necessary to correct it. C. Order discontinuance of illegal use of land, buildings, or structures; order removal of illegal buildings, structures, additions or alterations; order discontinuance of illegal work being done; or take any other action authorized by this Title to ensure compliance with or to prevent violation of its provisions, including cooperation with the City Attorney in the prosecution of complaints. D. Maintain permanent and current records of the Zoning Ordinance, including all maps, amendments, conditional uses and variances. E. Maintain a current file of all permits, all certificates and all copies of notices of violation, discontinuance, or removal for such time as necessary to ensure a continuous compliance with the provisions of this Title and, on request, provide information to any person having a proprietary or tenancy interest in any specific property. F. Provide clerical and technical assistance to the Planning Commission and Board of Zoning Adjustments and Appeals. G. Receive, file and forward as applicable to the Board of Zoning Adjustments and Appeals, Planning Commission, or City Council all applications for conditional use permits, variances, interim use permits, administrative permits, amendments or site plans as required herein. Leaving this decision to the City.  Sample Ordinance Design Standards Language 10-6-21: DESIGN STANDARDS FOR SPRUCE STREET COMMERCIAL, MIXED USE, AND BUSINESS/FLEX ZONING DISTRICTS: (A) Site Development Standards (In Addition To Any Performance Standards That May Be Applicable): These standards apply to the business/flex, mixed use, and Spruce Street commercial zoning districts unless otherwise specified. The zoning districts are depicted on the official zoning map. 1. Outdoor Storage: All materials shall be stored and/or warehoused within the principal building. 2. Off Street Parking: Off street parking areas shall be designed and located to minimize their impacts on adjacent development, streets and pedestrian corridors. Parking lot landscaping is required per this chapter. 3. Sidewalks: Sidewalks shall be provided on both sides of all streets. Trails may be required instead of sidewalks as provided in the city's trail master plan. (a) All pedestrian walkways shall have and maintain a minimum unobstructed pathway width of fifteen feet (15') along the north/south corridor (i.e., the first roadway constructed between CSAH 50 and Spruce Street, west of Denmark Avenue) and within the mixed use area. Pedestrian walkways bordering off street parking areas shall be at least eight feet (8') wide. Pedestrian and bicycle pathways connecting to greenways or trail systems are subject to standards in the city trail master plan. (b) Walkways shall be designed to create a safe and uninterrupted pedestrianway, and to avoid frequent crossings by driveways and streets. (c) Pedestrian walkways shall be designed as amenity areas with approved landscaping, benches, lighting, signage, and street furniture. (d) Pavers shall be required within the sidewalk design and within the crosswalk areas. Installation of the pavers shall comply with city standards. (e) Electrical and water services shall be required within the sidewalk areas to prepare for amenities including (but not limited to) water fountains, clocks, kiosks and seasonal lighting, and shall be master planned during the design phase of the project. 4. Screening: Screening of service yards, refuse, and waste removal areas, loading docks, truck parking areas and other areas which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting, or any combination of these elements. Screening shall block views from public rights of way, private street and off street parking areas, and shall be equally effective in winter and summer. Chainlink and slatted fencing are prohibited. 5. Lighting: The lighting in the Spruce Street area shall be designed to create a well balanced, integrated lighting plan for public and private locations that enhances vehicular and pedestrian visibility while minimizing glare and contrast. Exterior lighting shall comply with section 10-6-8 of this chapter. The intent for lighting is to provide needed illumination of the site, while at the same time preventing glare to residential uses either within or adjacent to the site. Light fixtures should be oriented to pedestrian circulation so that pedestrian walkways are emphasized and safety is enhanced. (a) At the time of site plan review for the development, a detailed lighting plan shall be submitted. (b) Any lighting required on the perimeter of parking lots or along streets shall consist of fixtures illustrated in the city's standard detail plate as "streetlight - downtown district". The interior portions of parking lots may be lit with cobra lights. 6. Required Amenities: For each development, one of the following amenities per ten (10) acres of net developable land area shall be required and installed at the time of construction of the project. The amenities shall be highly visible, easily accessible outdoor focal points or gathering places for residents, employees, and visitors to the development site: (a) Patio and/or plaza with permanent seating areas; provided such patio or plaza has a minimum depth of fifteen feet (15') and a minimum total area of three hundred (300) square feet. (1) Pavers as required in the city standards shall be installed within the patio or plaza. (2) Patios and plazas shall include pedestrian amenities intended to support these places as gathering areas such as benches, water features, kiosks, etc. (b) Landscaped minipark, square, or green, provided such amenity has a minimum depth and width of fifteen feet (15') and a minimum total area of six hundred fifty (650) square feet, and includes pedestrian amenities intended to support these places as gathering areas. The landscaped miniparks, squares or greens do not count toward the park dedication requirements. (c) Protected customer walkway, arcade, or easily identifiable building pass through containing window displays and intended for general public access. (d) Water feature, such as a pond or fountain, provided the feature is easily accessed by pedestrians and includes or integrates permanent seating areas for pedestrians. (e) Any other well designed area and/or focal feature that the city finds consistent with the intent of these design standards, and that substantially enhances such development and serves as a gathering place for residents, visitors, customers, and employees. 7. Parking Of Bicycles: Bike parking spaces shall be installed at ten percent (10%) of the total number of automobile spaces within the development. For convenience and security, bicycle parking facilities shall be located near building entrances, shall be placed parallel to the sidewalks, shall be easily visible and shall not be located in remote automobile parking areas. Such facilities shall not, however, be located in places that impede pedestrian or automobile traffic flow or that would cause damage to plant material. Bike racks shall provide a means for the bicycle frame and one wheel to be attached to a permanent fixture (designed for securing bicycles) by means of a lock. (B) Architectural Standards: 1. Fronts Of Buildings: Any building face and yard that abuts CSAH 50, Spruce Street, or Pilot Knob shall be considered a front and shall reflect a level of aesthetic treatment equal to or greater than that of building faces and yards that abut the north-south corridor and the major roads in the mixed use district. 2. Unifying Design Theme: Buildings and/or streetscapes in the Spruce Street commercial district and the business/flex district shall reflect a unifying design theme that incorporates features found along the north/south corridor and within the mixed use district. City staff and the planning commission shall determine whether development proposals satisfy this requirement. 3. Exterior Surfaces: Major exterior surfaces of all walls shall be face brick, stone, glass, stucco, architecturally treated concrete, cast in place or precast panels, decorative block, or approved equivalent, as determined by the city. The following may not be used in any visible exterior application except when specifically permitted by the city in areas with limited public view: exposed cement ("cinder") blocks; fabricated metal or pole construction structures, including sheds, warehouses, and industrial buildings constructed either on or off site of corrugated metal panels; exterior brick that is painted over; or experimental materials with no proven record of durability or ease of maintenance in the intended application. 4. Facades: Unless otherwise agreed to in writing by the community development department, developers of buildings located along the north/south corridor and within the mixed use district shall use facade variations to differentiate separately leased commercial spaces. Facade variations shall incorporate modulated and articulated building wall planes and rooflines through use of: (a) Projections, recesses, and reveals expressing structural bays or other aspects of the facade, with a minimum change of plane of six inches (6"). (b) Changes in color or graphical patterns, changes in texture, or changes in building material. (c) Varying parapet heights and designs that demonstrate that the buildings are different from each other and that add interest to the streetscape. (d) Recessed entrances. (e) Building entrances that incorporate elements providing shade from the sun and weather protection for pedestrians. (f) Corners which are distinguishable from the remainder of the building through the use of towers, architectural treatments, arches, roof forms, or size and mass. All buildings along the north/south corridor and within the mixed use district shall be constructed with at least one functional or decorative (false facade) upper story. To the extent practical or feasible, variations in rooflines or heights shall be used to differentiate separately leased commercial spaces within buildings. 5. Windows: Windows shall be provided on walls that are adjacent to public or private rights of way, parking lots and sidewalks. False windows are allowed. 6. Projections: Buildings may have one of the following projecting from the building facade: (a) Awnings/canopies over the first floor windows and along the frontage of all building entrances. (1) Projection: Awnings and canopies shall not project more than five feet (5') into the public right of way, except where located above an entrance, in which case the maximum projection shall not exceed eight feet (8'). In no event should an awning or canopy be supported by poles or other structural elements located in the public right of way. (2) Length: Awnings and canopies should emphasize the rhythm of the facade bays, windows and entrances, and shall not continue uninterrupted along the building facade. (3) Height: The bottom of awnings and canopies should be at least eight feet (8') above sidewalk grade. (4) Illumination: Backlit awnings and canopies are not permitted. (5) Inscription: Lettering on awnings and canopies shall comply with subsection 10-6-3(B)1(k) of this chapter. (6) Materials: Awning and canopy materials should be limited to cotton, acrylic or vinyl coated cotton, copper or bronze coated metal, or clear glass. Other materials may be used if approved by the community development department. Awnings shall be designed with a slope. No horizontal awnings are allowed. Structural supports shall be constructed of steel and/or aluminum and shall (if or where visible) incorporate ornamental features. (b) Projecting signs perpendicular to the building. Projecting signs shall comply with subsection 10-6-3(B)5(e) of this chapter. 7. Public Entrances: For commercial buildings located along the north/south corridor, each separate ground level tenant space shall have at least one public entrance that faces the north/south corridor. For buildings located within the mixed use district, each separate ground level commercial tenant space shall have at least one public entrance that faces the nearest major public or private street. Developers shall be encouraged to also provide public entrances adjacent to off street parking areas. 8. Site Plan Review: All applications shall comply with the requirements of subsection 10-6- 23(E) of this chapter for site plan review. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, height, roofline and setback. 9. Screening Of Roof/Exterior Equipment: Mechanical equipment, satellite dishes, and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from the public view with materials identical to or strongly similar to building materials, or by landscaping that will be effective in winter, or they shall be located so as not to be visible from any public right of way, private street or off street parking area. In no case shall wooden fencing be used as a rooftop equipment screen. MONTICELLO ZONING ORDINANCE CHAPTER 18 FLOOD PLAIN MANAGEMENT ORDINANCE SECTION: 18-1:Statutory Authorization, Findings of Fact, and Purpose 18-2:General Provisions 18-3:Establishment of Zoning Districts 18-4:Floodway District (FW) 18-5:Flood Fringe District (FF) 18-6:Reserved for Future Use 18-7:Subdivisions 18-8:Utilities, Railroads, Roads, and Bridges 18-9:Manufactured Homes/Travel Trailers and Travel Vehicles 18-10:Administration 18-11:Nonconforming Uses 18-12:Penalties for Violation 18-13:Amendments 18-1:STATUTORY AUTHORIZATION FINDINGS OF FACT AND PURPOSE: [A]STATUTORY AUTHORIZATION: The legislature of the State of Minnesota has, in Minnesota Statutes, Chapters 104 and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows: [B]FINDING OF FACT: 1.The flood hazard areas of Monticello, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2.Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. [C]STATEMENT OF PURPOSE: It is the purpose of this ordinance to MONTICELLO ZONING ORDINANCE promote the public health, safety, and general welfare and to minimize those losses described in Section [B]1 by provisions contained herein. 18-2:GENERAL PROVISIONS: [A]LANDS TO WHICH ORDINANCE APPLIES: This ordinance shall apply to all lands within the jurisdiction of Monticello shown on the official zoning map and/or attachments thereto as being located within the boundaries of the floodway or flood fringe districts. [B]ESTABLISHMENT OF OFFICIAL ZONING MAP: The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the city of Monticello prepared by the Federal Insurance Administration dated May 1979, the Flood Boundary and Floodway Map dated November 1979, and the Flood Insurance Rate Map dated November 1979 therein. The official zoning map shall be on file in the office of the City Administrator and the Zoning Administrator. [C]REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from des igna tio n of a fl ood way. [D]INTERPRETATION: 1.In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2.The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100-year) flood profile and other available technical data. Persons contesting the location of the district MONTICELLO ZONING ORDINANCE boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence. [E]ABROGATION AND GREATER RESTRICTIONS: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the ext ent of t he i nco nsi ste ncy o nly. [F]WARNING AND DISCLAIMER OF LIABILITY: This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Monticello or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. [G]SEVERABILITY: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jur isd ict ion , th e rem ain der o f th is o rdi nan ce sh all not be af fect ed t here by. [H]DEFINITIONS: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. 1.ACCESSORY USE OR STRUCTURE--A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2.BASEMENT--means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. 3.CONDITIONAL USE--means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a)certain conditions as detailed in the zoning ordinance exist, and MONTICELLO ZONING ORDINANCE (b)the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 4.EQUAL DEGREE OF ENCROACHMENT--A method of determining the location of floodway boundaries so that flood plain lands on bo th sides of a stream are c apable of con veying a proportionate share of flood flows. 5.FLOOD--A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. 6.FLOOD FREQUENCY--The frequency for which it is expected that a specific flood stage or discharge may be equalled or exceeded. 7.FLOOD FRINGE--That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the city of Monticello. 8.FLOOD PLAIN--The bed s proper and the areas adj oining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. 9.FLOOD-PROOFING--A combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 10.FLOODWAY--The bed of wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 11.OBSTRUCTION--Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. MONTICELLO ZONING ORDINANCE 12.PRINCIPAL USE OR STRUCTURE--means all uses or structures that are not accessory uses or structures. 13.REACH--A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 14.REGIONAL FLOOD--A fl ood which i s represent ative of lar ge floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term "base flood" use d in the Flo od In sur ance Stu dy. 15.REGULATORY FLOOD PROTECTION ELEVATION--The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood pla in t hat res ult fro m de sign ati on o f a fl ood way. 16.STRUCTURE--anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers, vehicles not meeting the exemption criteria specified in Section 9 [C]1 of the ordinance, and other similar items. 17.VARIANCE--means a modification of a specific permitted development standard required in an official control, including this ordinance, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 18-3:ESTABLISHMENT OF ZONING DISTRICTS: [A]DISTRICTS: MONTICELLO ZONING ORDINANCE 1.FLOODWAY DISTRICT: The floodway district shall include those areas designated as floodway on the flood boundary and floodway map adopted in Section 2 [B]. 2.FLOOD FRINGE DISTRICT: The flood fringe district shall include those areas designated as floodway fringe on the flood boundary and floodway map adopted in Section 2 [B]. [B]COMPLIANCE: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses in Sections 4, 5, and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: 1.New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance and specifically Section 9; 2.Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 11; and 3.As-built elevations for elevated or flood-proofed structures must be certified by ground surveys, and flood-proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10 of this ordinance. 18-4:FLOODWAY DISTRICT (FW) [A]PERMITTED USES: 1.General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvestin g. 2.Industrial-commercial loading areas, parking areas, and airport landing strips. 3.Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. MONTICELLO ZONING ORDINANCE 4.Residential lawns, gardens, parking areas, and play areas. [B]STANDARDS FOR FLOODWAY PERMITTED USES: 1.The use shall have a low flood damage potential. 2.The use shall be permissible in the underlying zoning district if one exists. 3.The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment. [C]CONDITIONAL USES: 1.Structures accessory to the uses listed in 4 [A] above and the uses listed in 4 [C]2 - 4 [C]8 below. 2.Extraction and storage of sand, gravel, and other materials. 3.Marinas, boat rentals, docks, piers, wharves, and water control structures. 4.Railroads, streets, bridges, utility transmission lines, and pipelines. 5.Storage yards for equipment, machinery, or materials. 6.Placement of fill. 7.Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9 [C] of this ordinance. 8.Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees, or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. [D]STANDARDS FOR FLOODWAY CONDITIONAL USES: 1.ALL USES. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction storage of materials or equipment, or other uses may be allowed as a conditional use that will cause any increase in the stage of the 100-year or regional flood or cause an increase in flood damages in the reach or reaches affected. MONTICELLO ZONING ORDINANCE 2.All floodway conditional uses shall be subject to the procedures and standards contained in Section 10 [D] of this ordinance. 3.The conditional use shall be permissible in the underlying zoning district if one exists. 4.FILL: (a)Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (b)Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c)As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100-year or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. 5.ACCESSORY STRUCTURES: (a)Accessory structures shall not be designed for human habitation. (b)Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. i.Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and ii.So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c)Accessory structures shall be elevated on fill or structurally dry flood-proofed in accordance with the FP-1 or FP-2 MONTICELLO ZONING ORDINANCE flood-proofing classifications in the State Building Code. As an alternative, an accessory structure may be flood- proofed to the FP-3 or FP-4 flood-proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood-proofed accessory structures must meet the following additional standards as appropriate: i.The structure must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and ii.Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood-proofed. 6.STORAGE OF MATERIALS AND EQUIPMENT: (a)The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b)Storage of other materials or equipment may be allowed if readily removable from the area within the time available wit h a p lan app rov ed b y the gove rni ng bo dy. 7.Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community-wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be all owe d in the flo odw ay. 8.A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100-year or regional flood, and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. 18-5:FLOOD FRINGE DISTRICT (FF) [A]PERMITTED USES: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe provided such use does not constitute a MONTICELLO ZONING ORDINANCE public nuisance. All permitted uses shall comply with the standards for flood fringe "permitted uses" listed in Section 5 [B] and the standards for all flood fringe "permitted and conditional uses" listed in Section 5 [E]. [B]STANDARDS FOR FLOOD FRINGE PERMITTED USES: 1.All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation, and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2.As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level may be internally flood- proofed in accordance with Section 4 [D]5(c). 3.The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section [B]1 of this ordinance. 4.The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. 5.The pro vis ion s of Sec tio n 5 [E] o f th is o rdi nan ce sh all app ly. [C]CONDITIONAL USES: Any structure that is not elevated on fill or flood- proofed in accordance with Section 5 [B]1 - 5 [B]2, or any use of land that does not comply with the standards in Section 5 [B]3 - 5 [B]4 shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5 [D] - 5[E] and 10 [D] of this ordinance. [D]STANDARDS FOR FLOOD FRINGE CONDITIONAL USES: 1.Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above-grade, enclosed areas such as crawl spaces or tuck-under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: (a)the enclosed area is above grade on at least one side of the structure; MONTICELLO ZONING ORDINANCE (b)is designed to internally flood and is constructed with flood resistant materials; and (c)is used solely for parking of vehicles, building access, or storage. The above-noted alternative elevation methods are subject to the following additional standards: i.Design and Certification--The structure's design and as-built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating ventilation, plumbing, and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during tim es of floodi ng. ii.Specific Standards for Above-Grade, Enclosed Areas--Above-grade, fully enclosed areas such as crawl spaces or tuck-under garages must be designed to internally flood, and the design plans must stipulate: (aa)The minimum area of opening in the walls where internal flooding is to be used as a flood-proo fing techni que. When o penings are placed in a structure's walls to provide for entry of flood water to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood water. (bb)That the enclosed area will be designed of flood resistant materials in accordance with the FP-3 or FP-4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage. 2.Basements, as defined by Section 2 [H]2 of this ordinance, shall be subject to the follow ing: (a)Residential basement construction shall not be allowed MONTICELLO ZONING ORDINANCE below the regulatory flood protection elevation. (b)Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood-proofed in accordance with Section 5 [D]3 of this ordinance. 3.All other areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood-proofed in accordance with the structurally dry flood- proofing classifications in the State Building Code. Structurally dry flood-proofing must meet the FP-1 or FP-2 flood-proofing classification in the State Building Code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood- proofed to the FP-3 or FP-4 classification shall not be permitted. 4.When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state-approved shoreland management ordinance. In the absence of a state-approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100-year or regional flo od e ven t. T he p lan mus t be prep ared and cert ifi ed b y a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. 5.STORAGE OF MATERIAL AND EQUIPMENT: (a)The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b)Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan app rov ed b y the gove rni ng bo dy. 6.The pro vis ion s of Sec tio n 5 [E] o f th is o rdi nan ce sh all als o ap ply. [E]STANDARDS FOR ALL FLOOD FRINGE USES: MONTICELLO ZONING ORDINANCE 1.All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of after determining that adequate flood warning time and local flood emergency response procedures exist. 2.COMMERCIAL USES: Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 3.MANUFACTURING AND INDUSTRIAL USES: Measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5 [E]2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4.Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation--FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investi gated prior t o the init iation of s ite preparat ion if a chan ge of special flood hazard area designation will be requested. 5.Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. 6.Standards for travel trailers and travel vehicles are contained in Section 9 [C]. 7.All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to MONTICELLO ZONING ORDINANCE ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 18-6:RESERVED FOR FUTURE USE 18-7:SUBDIVISIONS* [A]REVIEW CRITERIA: No land shall be subdivided which is unsuitable for the reaso n of floodi ng, inadequ ate drainage, water suppl y, or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance and have road access both to the subdivisions and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. [B]REMOVAL OF SPECIAL FLOOD HAZARD AREA DESIGNATION: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100-year flood elevation. FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi-structure or multi-lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 18-8:PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES: [A]PUBLIC UTILITIES: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. [B]PUBLIC TRANSPORTATION FACILITIES: Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4 and 5 of this ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services wou ld n ot e nda nger the pub lic heal th o r sa fet y. [C]ON-SITE SEWAGE TREATMENT AND WATER SUPPLY SYSTEMS: Where public utilities are not provided. MONTICELLO ZONING ORDINANCE 1.On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2.New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. 18-9:MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES: [A]New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7 of this ordinance. [B]The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if eleva ted in compl iance with S ectio n 5 of t his or dinan ce. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5 [E]1, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing bod y. *This section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain mana gement provisions. 1.All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. [C]Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9 [C]1 below shall be subject to the provisions of this ordinance and as specifically spelled out in Sections 9 [C]3 - 9 [C]4 below: 1.EXEMPTION: Travel trailers and travel vehicles are exempt from the provisions of this ordinance if they are placed in any of the areas listed in Section 9 [C]2 below and further, they meet the MONTICELLO ZONING ORDINANCE following criteria: (a)Have current licenses required for highway use. (b)Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks, and travel trailer/travel vehicle has no permanent structural type additions attached to it. (c)The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 3.Travel trailers and travel vehicles exempted in Section 9 [C]1 lose this exemption when development occurs on the parcel exceeding One Thousand Dollars ($1,000.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in Sections 4 and 5 of this ordinance. 4.New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the follow ing: (a)Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 5 [E]1 of this ordinance. Any fill placed in a floodway for the purpose of elevating a travel trailer shall be subject to the requirements of Section 4. (b)All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10 [D] of the ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100-year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational MONTICELLO ZONING ORDINANCE vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8 [C] of this ordinance. 18-10:ADMINISTRATION: [A]ZONING ADMINISTRATOR: A Zoning Administrator designated by the governing body shall administer and enforce this ordinance. If the Zoning Administrator finds a violation of the provisions of this ordinance, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12 of the ordinance. [B]PERMIT REQUIREMENTS: 1.Permit Required. A permit issued by the Zoning Administrator in conformity with the provisions of this ordinance shall be secured prior to th e erection, addition, or alterati on of any build ing, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non-conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 2.Application for Permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. 3.State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. 4.Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 5.Construction and Use to be as Provided on Applications, Plans, Permits, Variances, and Certificates of Zoning Compliance. Permits, conditional use permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in MONTICELLO ZONING ORDINANCE such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed a violation of this ordinance and punishable as provided by Section 12 of this ordinance. 6.Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood-proofing measures shall be certified by a registered professional engineer or registered architect. 7.Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood proofed. [C]BOARD OF ADJUSTMENT: 1.Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. 2.Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinance. 3.Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties, or circumstances unique to the property under consideration as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 4.Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator or an application for a MONTICELLO ZONING ORDINANCE variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten d ays' notice of th e hearing. 5.Decisions. The Board shall arrive at a decision on such appeal or variance within 90 days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 6.Appeals. Appeals from any decision of the Board may be made and as specified in this community's official controls and also Minnesota Statutes. 7.Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (a)The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (b)Such construction below the 100-year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. [D]CONDITIONAL USES: The City Council shall hear and decide applications for conditional uses permissible under this ordinance. Applications shall be submitted to the Zoning Administrator, who shall forward the application to the City Council for consideration. MONTICELLO ZONING ORDINANCE 1.Hearings. Upon filing with the City Council an application for a conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissi oner will r eceive at lea st ten days' not ice of the he aring. 2.Decisions. The City Council shall arrive at a decision on a conditional use within 90 days. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards in addition to those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 3.Procedures to be followed by the City Council in passing on conditional use permit applications within all flood plain districts: (a)Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: i.Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the stream channel. ii.Specifications for building construction and materials , flood-pro ofing, fill ing, dredgin g, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (b)Transmit one copy of the information described in subsection (a) to a designated engineer or other expert pers on o r age ncy fo r te chn ica l as sis tan ce, w here nece ssa ry, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c)Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability MONTICELLO ZONING ORDINANCE of the proposed use in relation to the flood hazard. 4.Factors Upon Which the Decision of the City Council Shall be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance, and: (a)The danger to life and property due to increased flood heights or velocities caused by encroachments. (b)The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. (c)The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d)The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e)The importance of the services provided by the proposed faci lit y to t he co mmu nit y. (f)The requirements of the facility for a waterfront location. (g)The availability of alternative locations not subject to flooding for the proposed use. (h)The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i)The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j)The safety of access to the property in times of flood for ordinary and emergency vehicles. (k)The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (l)Such other factors which are relevant to the purposes of this ordinance. 5.Time for Acting on Application. The City Council shall act on an application in the manner described above within 90 days from receiving the application, except that where additional information MONTICELLO ZONING ORDINANCE is required pursuant to 10 [D]4 of this ordinance, the City Council shall render a written decision within 60 days from the receipt of such additional information. 6.Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this ordinance, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not lim ited to, t he followi ng: (a)Modification of waste treatment and water supply facilities. (b)Limitations on period of use, occupancy, and operation. (c)Imposition of operational controls, sureties, and deed restrictions. (d)Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e)Flood-proofing measures in accordance with the State Building Code and this ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 18-11:NON-CONFORMING USES: [A]A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 1.No such use shall be expanded, changed, enlarged, or altered in a way wh ich inc reas es i ts n on-con for mit y. 2.Any alteration or addition to a non-conforming structure or non- conformin g use which wo uld result in increasi ng the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood-proofing techniques (i.e., FP-1 thru FP-4 flood- proofing classifications) allowable in the State Building Code, except as further restricted in 11 [A]3 below. 3.The cost of any structural alterations or additions to any non- MONTICELLO ZONING ORDINANCE conforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost, which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4 or 5 of this ordinance for new structures depending upon whether the structure is in the floodway or flood fringe, res pect ive ly. 4.If any non-conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of instances of non-conforming uses which have been discontinued for a period of 12 months. 5.If any non-conforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4 or 5 will apply depending upon whether the use or str uct ure i s in the flo odw ay or f loo d fr inge dis tri ct, res pect ive ly. 18-12:PENALTIES FOR VIOLATION: [A]Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. [B]Nothing herein contained shall prevent the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: 1.In responding to a suspected ordinance violation, the Zoning Administrator and local government may utilize the full array of enforcement action available to it, including, but not limited to, prosecution and fines, injunctions, after-the-fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. MONTICELLO ZONING ORDINANCE 2.When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. 3.The Zoning Administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after--the-fact permit/development approval within a specified period of time not to exceed 30 days. 4.If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. 18-3:AMENDMENTS: [A]The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. [B]All amendments to this ordinance, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given MONTICELLO ZONING ORDINANCE 10 days' written notice of all hearings to consider an amendment to this ordinance, and said notice shall include a draft of the ordinance amendment or technical study under consideration. (#189, 5/14/90) CHAPTER 18 FLOOD PLAIN MANAGEMENT ORDINANCE SECTION: 18-1: Statutory Authorization, Findings of Fact, and Purpose 18-2: General Provisions 18-3: Establishment of Zoning Districts 18-4: Floodway District (FW) 18-5: Flood Fringe District (FF) 18-6: Reserved for Future Use 18-7: Subdivisions 18-8: Utilities, Railroads, Roads, and Bridges 18-9: Manufactured Homes/Travel Trailers and Travel Vehicles 18-10: Administration 18-11: Nonconforming Uses 18-12: Penalties for Violation 18-13: Amendments 18-1: STATUTORY AUTHORIZATION FINDINGS OF FACT AND PURPOSE: [A] STATUTORY AUTHORIZATION: The legislature of the State of Minnesota has, in Minnesota Statutes, Chapters 104 and 462, delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of Monticello, Minnesota, does ordain as follows: [B] FINDING OF FACT: The flood hazard areas of Monticello, Minnesota, are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 2. Methods Used to Analyze Flood Hazards. This ordinance is based upon a reasonable method of analyzing flood hazards which is consistent with the standards established by the Minnesota Department of Natural Resources. [C] STATEMENT OF PURPOSE: It is the purpose of this ordinance to MONTICELLO ZONING ORDINANCE promote the public health, safety, and general welfare and to minimize those losses described in Section [B] 1 by provisions contained herein. 18-2: GENERAL PROVISIONS: [A] LANDS TO WHICH ORDINANCE APPLIES: This ordinance shall apply to all lands within the jurisdiction of Monticello shown on the official zoning map and/or attachments thereto as being located within the boundaries of the floodway or flood fringe districts. [B] ESTABLISHMENT OF OFFICIAL ZONING MAP: The official zoning map, together with all materials attached thereto, is hereby adopted by reference and declared to be a part of this ordinance. The attached material shall include the Flood Insurance Study for the city of Monticello prepared by the Federal Insurance Administration dated May 1979, the Flood Boundary and Floodway Map dated November 1979, and the Flood Insurance Rate Map dated November 1979 therein. The official zoning map shall be on file in the office of the City Administrator and the Zoning Administrator. [C] REGULATORY FLOOD PROTECTION ELEVATION: The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. [D] INTERPRETATION: In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by state statutes. 2. The boundaries of the zoning districts shall be determined by scaling distances on the official zoning map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the official zoning map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, and there is a formal appeal of the decision of the Zoning Administrator, the Board of Adjustment shall make the necessary interpretation. All decisions will be based on elevations on the regional (100 -year) flood profile and other available technical data. Persons contesting the location of the district MONTICELLO ZONING ORDINANCE boundaries shall be given a reasonable opportunity to present their case to the board and to submit technical evidence. [E] ABROGATION AND GREATER RESTRICTIONS: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. [F] WARNING AND DISCLAIMER OF LIABILITY: This ordinance does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Monticello or any officer or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. [G] SEVERABILITY: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. [H] DEFINITIONS: Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. ACCESSORY USE OR STRUCTURE --A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. 2. BASEMENT --means any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. CONDITIONAL USE --means a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: (a) certain conditions as detailed in the zoning ordinance exist, and MONTICELLO ZONING ORDINANCE (b) the structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the existing neighborhood. 4. EQUAL DEGREE OF ENCROACHMENT --A method of determining the location of floodway boundaries so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. FLOOD --A temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. FLOOD FREQUENCY --The frequency for which it is expected that a specific flood stage or discharge maybe equalled or exceeded. 7. FLOOD FRINGE --That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the city of Monticello. FLOOD PLAIN --The beds proper and the areas adjoining a wetland, lake, or watercourse which have been or hereafter may be covered by the regional flood. FLOOD -PROOFING --A combination of structural provisions, changes, or adjustment to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. 10. FLOODWAY--The bed of wetland or lake and the channel of a watercourse and those portions of the adjoining flood plain which are reasonably required to carry or store the regional flood discharge. 11. OBSTRUCTION --Any dam, wall, wham embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood plain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. MONTICELLO ZONING ORDINANCE 12. PRINCIPAL USE OR STRUCTURE --means all uses or structures that are not accessory uses or structures. 13. REACH --A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. 14. REGIONAL FLOOD --A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100 -year recurrence interval. Regional flood is synonymous with the term "base flood" used in the Flood Insurance Study. 15. REGULATORY FLOOD PROTECTION ELEVATION --The regulatory flood protection elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain that result from designation of a floodway. 16. STRUCTURE --anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, travel trailers, vehicles not meeting the exemption criteria specified in Section 9 [C] 1 of the ordinance, and other similar items. 17. VARIANCE --means a modification of a specific permitted development standard required in an official control, including this ordinance, to allow an alternative development standard not stated as acceptable in the official control, but only as applied to a particular property for the purpose of alleviating a hardship, practical difficulty, or unique circumstance as defined and elaborated upon in a community's respective planning and zoning enabling legislation. 18-3: ESTABLISHMENT OF ZONING DISTRICTS: [A] DISTRICTS: MONTICELLO ZONING ORDINANCE 1. FLOODWAY DISTRICT: The floodway district shall include those areas designated as floodway on the flood boundary and floodwaymap adopted in Section 2 [B]. 2. FLOOD FRINGE DISTRICT: The flood fringe district shall include those areas designated as floodway fringe on the flood boundary and floodway map adopted in Section 2 [B]. [B] COMPLIANCE: No new structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this ordinance and other applicable regulations which apply to uses within the jurisdiction of this ordinance. Within the floodway and flood fringe districts, all uses not listed as permitted uses or conditional uses in Sections 4, 5, and 6 that follow, respectively, shall be prohibited. In addition, a caution is provided here that: New manufactured homes, replacement manufactured homes, and certain travel trailers and travel vehicles are subject to the general provisions of this ordinance and specifically Section 9; 2. Modifications, additions, structural alterations, or repair after damage to existing nonconforming structures and nonconforming uses of structures or land are regulated by the general provisions of this ordinance and specifically Section 11; and As -built elevations for elevated or flood -proofed structures must be certified by ground surveys, and flood -proofing techniques must be designed and certified by a registered professional engineer or architect as specified in the general provisions of this ordinance and specifically as stated in Section 10 of this ordinance. 18-4: FLOODWAY DISTRICT (FW) [A] PERMITTED USES: General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. 2. Industrial -commercial loading areas, parking areas, and airport landing strips. Private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and single or multiple purpose recreational trails. MONTICELLO ZONING ORDINANCE 4. Residential lawns, gardens, parking areas, and play areas. [B] STANDARDS FOR FLOODWAY PERMITTED USES: 1. The use shall have a low flood damage potential. 2. The use shall be permissible in the underlying zoning district if one exists. 3. The use shall not obstruct flood flows or increase flood elevations and shall not involve structures, fill, obstructions, excavations, or storage of materials or equipment. [C] CONDITIONAL USES: Structures accessory to the uses listed in 4 [A] above and the uses listed in 4 [C]2 - 4 [C]8 below. 2. Extraction and storage of sand, gravel, and other materials. 3. Marinas, boat rentals, docks, piers, wharves, and water control structures. 4. Railroads, streets, bridges, utility transmission lines, and pipelines. Storage yards for equipment, machinery, or materials. 6. Placement of fill. 7. Travel trailers and travel vehicles either on individual lots of record or in existing or new subdivisions or commercial or condominium type campgrounds, subject to the exemptions and provisions of Section 9 [C] of this ordinance. 8. Structural works for flood control such as levees, dikes, and floodwalls constructed to any height where the intent is to protect individual structures and levees, or dikes where the intent is to protect agricultural crops for a frequency flood event equal to or less than the 10 -year frequency flood event. [D] STANDARDS FOR FLOODWAY CONDITIONAL USES: 1. ALL USES. No structure (temporary or permanent), fill (including fill for roads and levees), deposit obstruction storage of materials or equipment, or other uses maybe allowed as a conditional use that will cause any increase in the stage of the 100 -year or regional flood or cause an increase in flood damages in the reach or reaches affected. MONTICELLO ZONING ORDINANCE 2. All floodway conditional uses shall be subject to the procedures and standards contained in Section 10 [D] of this ordinance. 3. The conditional use shall be permissible in the underlying zoning district if one exists. 4. FILL: (a) Fill, dredge spoil, and all other similar materials deposited or stored in the flood plain shall be protected from erosion by vegetative cover, mulching, riprap, or other acceptable method. (b) Dredge spoil sites and sand and gravel operations shall not be allowed in the floodway unless a long-term site development plan is submitted which includes an erosion/sedimentation prevention element to the plan. (c) As an alternative, and consistent with subsection (b) immediately above, dredge spoil disposal and sand and gravel operations may allow temporary, on-site storage of fill or other materials which would have caused an increase to the stage of the 100 -year or regional flood, but only after the governing body has received an appropriate plan which assures the removal of the materials from the floodway based upon the flood warning time available. The conditional use permit must be title registered with the property in the office of the county recorder. ACCESSORY STRUCTURES: (a) Accessory structures shall not be designed for human habitation. (b) Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. i. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and ii. So far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures. (c) Accessory structures shall be elevated on fill or structurally dry flood -proofed in accordance with the FP -1 or FP -2 MONTICELLO ZONING ORDINANCE flood -proofing classifications in the State Building Code. As an alternative, an accessory structure maybe flood - proofed to the FP -3 or FP -4 flood -proofing classification in the State Building Code provided the accessory structure constitutes a minimal investment, does not exceed 500 square feet in size, and for a detached garage, the detached garage must be used solely for parking of vehicles and limited storage. All flood -proofed accessory structures must meet the following additional standards as appropriate: The structure must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure and shall be designed to equalize hydrostatic flood forces on exterior walls; and ii. Any mechanical and utility equipment in a structure must be elevated to or above the regulatory flood protection elevation or properly flood -proofed. 6. STORAGE OF MATERIALS AND EQUIPMENT: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available with a plan approved by the governing body. 7. Structural works for flood control that will change the course, current, or cross section of protected wetlands or public waters shall be subject to the provisions of Minnesota Statute, Chapter 105. Community -wide structural works for flood control intended to remove areas from the regulatory flood plain shall not be allowed in the floodway. 8. A levee, dike, or floodwall constructed in the floodway shall not cause an increase to the 100 -year or regional flood, and the technical analysis must assume equal conveyance or storage loss on both sides of a stream. 18-5: FLOOD FRINGE DISTRICT (FF) [A] PERMITTED USES: Permitted uses shall be those uses of land or structures listed as permitted uses in the underlying zoning use district(s). If no pre-existing underlying zoning use districts exist, then any residential or non-residential structure or use of a structure or land shall be a permitted use in the flood fringe provided such use does not constitute a MONTICELLO ZONING ORDINANCE public nuisance. All permitted uses shall comply with the standards for flood fringe "permitted uses" listed in Section 5 [B] and the standards for all flood fringe "permitted and conditional uses" listed in Section 5 [E]. [B] STANDARDS FOR FLOOD FRINGE PERMITTED USES: All structures, including accessory structures, must be elevated on fill so that the lowest floor, including basement floor, is at or above the regulatory flood protection elevation. The finished fill elevation for structures shall be no lower than one (1) foot below the regulatory flood protection elevation, and the fill shall extend at such elevation at least fifteen (15) feet beyond the outside limits of the structure erected thereon. 2. As an alternative to elevation on fill, accessory structures that constitute a minimal investment and that do not exceed 500 square feet for the outside dimension at ground level maybe internally flood- proofed in accordance with Section 4 [D]5(c). The cumulative placement of fill where at any one time in excess of one thousand (1,000) cubic yards of fill is located on the parcel shall be allowable only as a conditional use, unless said fill is specifically intended to elevate a structure in accordance with Section [B] 1 of this ordinance. 4. The storage of any materials or equipment shall be elevated on fill to the regulatory flood protection elevation. 5. The provisions of Section 5 [E] of this ordinance shall apply. [C] CONDITIONAL USES: Any structure that is not elevated on fill or flood - proofed in accordance with Section 5 [B]1 - 5 [B]2, or any use of land that does not comply with the standards in Section 5 [B]3 - 5 [B]4 shall only be allowable as a conditional use. An application for a conditional use shall be subject to the standards and criteria and evaluation procedures specified in Sections 5 [D] - 5[E] and 10 [D] of this ordinance. [D] STANDARDS FOR FLOOD FRINGE CONDITIONAL USES: 1. Alternative elevation methods other than the use of fill may be utilized to elevate a structure's lowest floor above the regulatory flood protection elevation. These alternative methods may include the use of stilts, pilings, parallel walls, etc., or above -grade, enclosed areas such as crawl spaces or tuck -under garages. The base or floor of an enclosed area shall be considered above grade and not a structure's basement or lowest floor if: (a) the enclosed area is above grade on at least one side of the structure; MONTICELLO ZONING ORDINANCE (b) is designed to internally flood and is constructed with flood resistant materials; and (c) is used solely for parking of vehicles, building access, or storage. The above -noted alternative elevation methods are subject to the following additional standards: i. Design and Certification --The structure's design and as -built condition must be certified by a registered professional engineer or architect as being in compliance with the general design standards of the State Building Code and, specifically, that all electrical, heating ventilation, plumbing, and air conditioning equipment and other service facilities must be at or above the regulatory flood protection elevation or be designed to prevent flood water from entering or accumulating within these components during times of flooding. ii. Specific Standards for Above -Grade, Enclosed Areas--Above-grade, fully enclosed areas such as crawl spaces or tuck -under garages must be designed to internally flood, and the design plans must stipulate: (aa) The minimum area of opening in the walls where internal flooding is to be used as a flood -proofing technique. When openings are placed in a structure's walls to provide for entry of flood water to equalize pressures, the bottom of all openings shall be no higher than one foot above grade. Openings maybe equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of flood water. (bb) That the enclosed area will be designed of flood resistant materials in accordance with the FP -3 or FP -4 classifications in the State Building Code and shall be used solely for building access, parking of vehicles, or storage. 2. Basements, as defined by Section 2 [H]2 of this ordinance, shall be subject to the following: (a) Residential basement construction shall not be allowed MONTICELLO ZONING ORDINANCE below the regulatory flood protection elevation. (b) Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry flood -proofed in accordance with Section 5 [D]3 of this ordinance. 3. All other areas of non-residential structures, including basements to be placed below the regulatory flood protection elevation, shall be flood -proofed in accordance with the structurally dry flood - proofing classifications in the State Building Code. Structurally dry flood -proofing must meet the FP -1 or FP -2 flood -proofing classification in the State Building Code, and this shall require making the structure watertight with the walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. Structures flood - proofed to the FP -3 or FP -4 classification shall not be permitted. 4. When at any one time more than 1,000 cubic yards of fill or other similar material is located on a parcel for such activities as on-site storage, landscaping, sand and gravel operations, landfills, roads, dredge spoil disposal, or construction of flood control works, an erosion/sedimentation control plan must be submitted unless the community is enforcing a state -approved shoreland management ordinance. In the absence of a state -approved shoreland ordinance, the plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the 100 -year or regional flood event. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the governing body. The plan may incorporate alternative procedures for removal of the material from the flood plain if adequate flood warning time exists. STORAGE OF MATERIAL AND EQUIPMENT: (a) The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. (b) Storage of other materials or equipment may be allowed if readily removable from the area within the time available after a flood warning and in accordance with a plan approved by the governing body. 6. The provisions of Section 5 [E] of this ordinance shall also apply. [E] STANDARDS FOR ALL FLOOD FRINGE USES: MONTICELLO ZONING ORDINANCE All new principal structures must have vehicular access at or above an elevation not more than two (2) feet below the regulatory flood protection elevation. If a variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of after determining that adequate flood warning time and local flood emergency response procedures exist. 2. COMMERCIAL USES: Accessory land uses such as yards, railroad tracks, and parking lots may be at elevations lower than the regulatory flood protection elevation; however, a permit for such facilities to be used by the employees or the general public shall not be granted in the absence of a flood warning system that provides adequate time for evacuation if the area would be subject to flood velocities greater than four feet per second upon occurrence of the regional flood. 3. MANUFACTURING AND INDUSTRIAL USES: Measures shall be taken to minimize interference with normal plant operations, especially along streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out in Section 5 [E]2 above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 4. Fill shall be properly compacted and the slopes shall be properly protected by the use of riprap, vegetative cover, or other acceptable method. The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation--FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. Flood plain developments shall not adversely affect the hydraulic capacity of the channel and adjoining flood plain of any tributary watercourse or drainage system where a floodway or other encroachment limit has not been specified on the official zoning map. Standards for travel trailers and travel vehicles are contained in Section 9 [C]. 7. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not limited to, use of over -the -top or frame ties to MONTICELLO ZONING ORDINANCE ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. 18-6: RESERVED FOR FUTURE USE 18-7: SUBDIVISIONS* [A] REVIEW CRITERIA: No land shall be subdivided which is unsuitable for the reason of flooding, inadequate drainage, water supply, or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage treatment facilities that comply with the provisions of this ordinance and have road access both to the subdivisions and to the individual building sites no lower than two feet below the regulatory flood protection elevation. For all subdivisions in the flood plain, the floodway and flood fringe boundaries, the regulatory flood protection elevation, and the required elevation of all access roads shall be clearly labeled on all required subdivision drawings and platting documents. [B] REMOVAL OF SPECIAL FLOOD HAZARD AREA DESIGNATION: The Federal Emergency Management Agency (FEMA) has established criteria for removing the special flood hazard area designation for certain structures properly elevated on fill above the 100 -year flood elevation. FEMA'S requirements incorporate specific fill compaction and side slope protection standards for multi -structure or multi -lot developments. These standards should be investigated prior to the initiation of site preparation if a change of special flood hazard area designation will be requested. 18-8: PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES: [A] PUBLIC UTILITIES: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood -proofed in accordance with the State Building Code or elevated to above the regulatory flood protection elevation. [B] PUBLIC TRANSPORTATION FACILITIES: Railroad tracks, roads, and bridges to be located within the flood plain shall comply with Sections 4 and 5 of this ordinance. Elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. [C] ON-SITE SEWAGE TREATMENT AND WATER SUPPLY SYSTEMS: Where public utilities are not provided. MONTICELLO ZONING ORDINANCE 1. On-site water supply systems must be designed to minimize or eliminate infiltration of flood waters into the systems; and 2. New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, and they shall not be subject to impairment or contamination during times of flooding. Any sewage treatment system designed in accordance with the state's current statewide standards for on-site sewage treatment systems shall be determined to be in compliance with this section. 18-9: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS AND PLACEMENT OF TRAVEL TRAILERS AND TRAVEL VEHICLES: [A] New manufactured home parks and expansions to existing mobile manufactured home parks shall be subject to the provisions placed on subdivisions by Section 7 of this ordinance. [B] The placement of new or replacement manufactured homes in existing manufactured home parks or on individual lots of record that are located in flood plain districts will be treated as a new structure and may be placed only if elevated in compliance with S ection 5 of this ordinance. If vehicular road access for pre-existing manufactured home parks is not provided in accordance with Section 5 [E] 1, then replacement manufactured homes will not be allowed until the property owner(s) develops a flood warning emergency plan acceptable to the governing body. *This section is not intended as a substitute for a comprehensive city or county subdivision ordinance. It can, however, be used as an interim control until the comprehensive subdivision ordinance can be amended to include necessary flood plain management provisions. 1. All manufactured homes must be securely anchored to an adequately anchored foundation system that resists flotation, collapse, and lateral movement. Methods of anchoring may include, but are not to be limited to, use of over -the -top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. [C] Travel trailers and travel vehicles that do not meet the exemption criteria specified in Section 9 [C] 1 below shall be subject to the provisions of this ordinance and as specifically spelled out in Sections 9 [C]3 - 9 [C]4 below: 1. EXEMPTION: Travel trailers and travel vehicles are exempt from the provisions of this ordinance if they are placed in any of the areas listed in Section 9 [C]2 below and further, they meet the MONTICELLO ZONING ORDINANCE following criteria: (a) - - ... Have current licenses required for highway use. (b) Are highway ready meaning on wheels or the internal jacking system, are attached to the site only by quick disconnect type utilities commonly used in campgrounds and trailer parks, and travel trailer/travel vehicle has no permanent structural type additions attached to it. (c) The travel trailer or travel vehicle and associated use must be permissible in any pre-existing, underlying zoning use district. 3. Travel trailers and travel vehicles exempted in Section 9 [C] 1 lose this exemption when development occurs on the parcel exceeding One Thousand Dollars ($1,000.00) for a structural addition to the travel trailer/travel vehicle or an accessory structure such as a garage or storage building. The travel trailer/travel vehicle and all additions and accessory structures will then be treated as a new structure and shall be subject to the elevation/flood-proofing requirements and the use of land restrictions specified in Sections 4 and 5 of this ordinance. 4. New commercial travel trailer or travel vehicle parks or campgrounds and new residential type subdivisions and condominium associations and the expansion of any existing similar use exceeding five (5) units or dwelling sites shall be subject to the following: (a) Any new or replacement travel trailer or travel vehicle will be allowed in the floodway or flood fringe districts provided said trailer or vehicle and its contents are placed on fill above the regulatory flood protection elevation and proper elevated road access to the site exists in accordance with Section 5 [E] 1 of this ordinance. Any fill placed in a floodway for the purpose of elevating a travel trailer shall be subject to the requirements of Section 4. (b) All new or replacement travel trailers or travel vehicles not meeting the criteria of (a) above may, as an alternative, be allowed as a conditional use if in accordance with the following provisions and the provisions of 10 [D] of the ordinance. The applicant must submit an emergency plan for the safe evacuation of all vehicles and people during the 100 -year flood. Said plan shall be prepared by a registered engineer or other qualified individual and shall demonstrate that adequate time and personnel exist to carry out the evacuation. All attendant sewage and water facilities for new or replacement travel trailers or other recreational MONTICELLO ZONING ORDINANCE vehicles must be protected or constructed so as to not be impaired or contaminated during times of flooding in accordance with Section 8 [C] of this ordinance. 18-10: ADMINISTRATION: [A] ZONING ADMINISTRATOR: A Zoning Administrator designated by the governing body shall administer and enforce this ordinance. If the Zoning Administrator finds a violation of the provisions of this ordinance, the Zoning Administrator shall notify the person responsible for such violation in accordance with the procedures stated in Section 12 of the ordinance. [B] PERMIT REQUIREMENTS: 1. Permit Required. A permit issued by the Zoning Administrator in conformity with the provisions of this ordinance shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof, prior to the use or change of use of a building, structure, or land; prior to the change or extension of a non -conforming use; and prior to the placement of fill, excavation of materials, or the storage of materials or equipment within the flood plain. 2. Application for Permit. Application for a permit shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator and shall include the following where applicable: plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the stream channel. State and Federal Permits. Prior to granting a permit or processing an application for a conditional use permit or variance, the Zoning Administrator shall determine that the applicant has obtained all necessary state and federal permits. 4. Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. It shall be unlawful to use, occupy, or permit the use or occupancy of any building or premises or part thereof hereafter created, erected, changed, converted, altered, or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. 5. Construction and Use to be as Provided on Applications, Plans, Permits, Variances, and Certificates of Zoning Compliance. Permits, conditional use permits, or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement, and construction set forth in MONTICELLO ZONING ORDINANCE such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or - - - construction at -variance with that authorized shall be deemed a S violation of this ordinance and punishable as provided by Section 12 of this ordinance. Certification. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Flood -proofing measures shall be certified by a registered professional engineer or registered architect. 7. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations or additions to existing structures in the flood plain. The Zoning Administrator shall also maintain a record of the elevation to which structures and alterations or additions to structures are flood proofed. [C] BOARD OF ADJUSTMENT: 1. Rules. The Board of Adjustment shall adopt rules for the conduct of business and may exercise all of the powers conferred on such boards by state law. 2. Administrative Review. The Board shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this ordinance. Variances. The Board may authorize upon appeal in specific cases such relief or variance from the terms of this ordinance as will not be contrary to the public interest and only for those circumstances such as hardship, practical difficulties, or circumstances unique to the property under consideration as provided for in the respective enabling legislation for planning and zoning for cities or counties as appropriate. In the granting of such variance, the Board of Adjustment shall clearly identify in writing the specific conditions that existed consistent with the criteria specified in the respective enabling legislation which justified the granting of the variance. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. 4. Hearings. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning Administrator or an application for a MONTICELLO ZONING ORDINANCE variance, the Board shall fix a reasonable time for a hearing and give due notice to the parties in interest as specified by law. The Board shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. Decisions. The Board shall arrive at a decision on such appeal or variance within 90 days. In passing upon an appeal, the Board may, so long as such action is in conformity with the provisions of this ordinance, reverse or affirm, wholly or in part, or modify the order, requirement, decision, or determination of the Zoning Administrator or other public official. It shall make its decision in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the Board may prescribe appropriate conditions and safeguards such as those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 6. Appeals. Appeals from any decision of the Board maybe made and as specified in this community's official controls and also Minnesota Statutes. 7. Flood Insurance Notice and Record Keeping. The Zoning Administrator shall notify the applicant for a variance that: (a) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (b) Such construction below the 100 -year or regional flood level increases risks to life and property. Such notification shall be maintained with a record of all variance actions. A community shall maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its annual or biennial report submitted to the Administrator of the National Flood Insurance Program. [D] CONDITIONAL USES: The City Council shall hear and decide applications for conditional uses permissible under this ordinance. Applications shall be submitted to the Zoning Administrator, who shall forward the application to the City Council for consideration. MONTICELLO ZONING ORDINANCE 1. Hearings. Upon filing with the City Council an application for a conditional use permit, the City Council shall submit by mail to the Commissioner of Natural Resources a copy of the application for proposed conditional use sufficiently in advance so that the Commissioner will receive at least ten days' notice of the hearing. 2. Decisions. The City Council shall arrive at a decision on a conditional use within 90 days. In granting a conditional use permit, the City Council shall prescribe appropriate conditions and safeguards in addition to those specified in Section 10 [D]6, which are in conformity with the purposes of this ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this ordinance punishable under Section 12. A copy of all decisions granting conditional use permits shall be forwarded by mail to the Commissioner of Natural Resources within ten (10) days of such action. 3. Procedures to be followed by the City Council in passing on . conditional use permit applications within all flood plain districts: (a) Require the applicant to furnish such of the following information and additional information as deemed necessary by the City Council for determining the suitability of the particular site for the proposed use: i. Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood -proofing measures, and the relationship of the above to the location of the stream channel. ii. Specifications for building construction and materials, flood -proofing, filling, dredging, grading, channel improvement, storage of materials, water supply, and sanitary facilities. (b) Transmit one copy of the information described in subsection (a) to a designated engineer or other expert person or agency for technical assistance, where necessary, in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. (c) Based upon the technical evaluation of the designated engineer or expert, the City Council shall determine the specific flood hazard at the site and evaluate the suitability MONTICELLO ZONING ORDINANCE of the proposed use in relation to the flood hazard. 4. Factors Upon Which the Decision of the City Council Shall be Based. In passing upon conditional use applications, the City Council shall consider all relevant factors specified in other sections of this ordinance, and: (a) The danger to life and property due to increased flood heights or velocities caused by encroachments. (b) The danger that materials may be swept onto other lands or downstream to the injury of others or they may block bridges, culverts, or other hydraulic structures. (c) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions. (d) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner. (e) The importance of the services provided by the proposed facility to the community. (f) The requirements of the facility for a waterfront location. (g) The availability of alternative locations not subject to flooding for the proposed use. (h) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future. (i) The relationship of the proposed use to the comprehensive plan and flood plain management program for the area. (j) The safety of access to the property in times of flood for ordinary and emergency vehicles. (k) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site. (1) Such other factors which are relevant to the purposes of this ordinance. 5. Time for Acting on Application. The City Council shall act on an application in the manner described above within 90 days from receiving the application, except that where additional information MONTICELLO ZONING ORDINANCE is required pursuant to 10 [D]4 of this ordinance, the City Council shall render a written decision within 60 days from the receipt of such additional information. ` 6. Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purpose of this ordinance, the City Council shall attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: (a) Modification of waste treatment and water supply facilities. (b) Limitations on period of use, occupancy, and operation. (c) Imposition of operational controls, sureties, and deed restrictions. (d) Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. (e) Flood -proofing measures in accordance with the State Building Code and this ordinance. The applicant shall submit a plan or document certified by a registered professional engineer or architect that the flood -proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 18-11: NON -CONFORMING USES: [A] A structure or the use of a structure or premises which was lawful before the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions: 1. No such use shall be expanded, changed, enlarged, or altered in a way which increases its non -conformity. 2. Any alteration or addition to a non -conforming structure or non- conforming use which would result in increasing the flood damage potential of that structure or use shall be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or flood -proofing techniques (i.e., FP -1 thru FP -4 flood - proofing classifications) allowable in the State Building Code, except as further restricted in 11 [A]3 below. The cost of any structural alterations or additions to any non- MONTICELLO ZONING ORDINANCE conforming structure over the life of the structure shall not exceed 50 percent of the market value of the structure unless the conditions of this section are satisfied. The cost of all structural alterations and additions constructed since the adoption of the community's initial flood plain controls must be calculated into today's current cost, which will include all costs such as construction materials and a reasonable cost placed on all manpower or labor. If the current cost of all previous and proposed alterations and additions exceeds 50 percent of the current market value of the structure, then the structure must meet the standards of Section 4 or 5 of this ordinance for new structures depending upon whether the structure is in the floodway or flood fringe, respectively. 4. If any non -conforming use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this ordinance. The assessor shall notify the Zoning Administrator in writing of instances of non -conforming uses which have been discontinued for a period of 12 months. If any non -conforming use or structure is destroyed by any means, including floods, to an extent of 50 percent or more of its market value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4 or 5 will apply depending upon whether the use or structure i s in the flo odw ay or floo d fringe dis tri ct, respect ive ly. 18-12: PENALTIES FOR VIOLATION: [A] Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) shall constitute a misdemeanor and shall be punishable as defined by law. [B] Nothing herein contained shall prevent the City of Monticello from taking such other lawful action as is necessary to prevent or remedy any violation. Such actions may include but are not limited to: In responding to a suspected ordinance violation, the Zoning Administrator and local government may utilize the full array of enforcement action available to it, including, but not limited to, prosecution and fines, injunctions, after -the -fact permits, orders for corrective measures, or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The community must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. MONTICELLO ZONING ORDINANCE 2. When an ordinance violation is either discovered by or brought to the attention of the Zoning Administrator, the Zoning Administrator shall immediately investigate the situation and document the nature and extent of the violation of the official control. As soon as is reasonably possible, this information will be submitted to the appropriate Department of Natural Resources and Federal Emergency Management Agency Regional Office along with the community's plan of action to correct the violation to the degree possible. 3. The Zoning Administrator shall notify the suspected party of the requirements of this ordinance and all other official controls and the nature and extent of the suspected violation of these controls. If the structure and/or use is under construction or development, the Zoning Administrator may order the construction or development immediately halted until a proper permit or approval is granted by the community. If the construction or development is already completed, then the Zoning Administrator may either (1) issue an order identifying the corrective actions that must be made within a specified time period to bring the use or structure into compliance with the official controls, or (2) notify the responsible party to apply for an after--the-fact permit/development approval within a specified period of time not to exceed 30 days. 4. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that lapses shall constitute an additional violation of this ordinance and shall be prosecuted accordingly. The Zoning Administrator shall also, upon the lapse of the specified response period, notify the landowner to restore the land to the condition which existed prior to the violation of this ordinance. 18-3: AMENDMENTS: [A] The flood plain designation on the official zoning map shall not be removed from flood plain areas unless it can be shown that the designation is in error or that the area has been filled to or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. [B] All amendments to this ordinance, including amendments to the official zoning map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the official zoning map must meet the Federal Emergency Management Agency's (FEMA) technical conditions and criteria and must receive prior FEMA approval before adoption. The Commissioner of Natural Resources must be given MONTICELLO ZONING ORDINANCE 10 days' written notice of all hearings to consider an amendment to this ordinance, and said notice shall include a draft of the ordinance amendment or technical study under consideration. (#189, 5/14/90) MONTICELLO ZONING ORDINANCE 27/1MONTICELLO ZONING ORDINANCE CHAPTER 27 REGULATING THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND TH E SHOR ELAND A REAS OF THE CITY OF MONTIC ELLO SECTION: 27-1:General Provisions 27-2:Designation of Types of Land Use 27-1:GENERAL PROVISION [A]STATUTORY AUTHORIZATION: This shoreland management ordinance is adopted pursuant to the authorization contained in the Laws of Minnesota 1973, Chapter 379, 272, and in furtherance of the policies declared in Minnesota Statutes 1976, Chapters 104, 105, 115, 116, and 462, and Minnesota Regulations NR 78-81, Rules and Regulations for Wild, Scenic, and Recreational Rivers, NR 82-84, Rules and Regulations for the Management of Shoreland areas within municipalities, and NR 2400-2420, Rules and Regulations relating to the designation, classification, and management of the Mississippi River in Stearns, Sherburne, Wright, Anoka, and Hennepin Counties. [B]POLICY: The uncontrolled use of shorelands of the City of Monticello affects the public health, safety, and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interest of the public health, safety, and welfare to provide for the wise development of shorelands of public waters. The legislature of Minnesota has delegated responsibility to the municipalities of the shorelands of public waters and thus preserve and enhance the quality of surface waters, preserve the economic and natural environmental values of shorelands, and provide for the wise utilization of waters and related resources. This responsibility is hereby recognized by the City of Monticello. It is in the interest of present and future generations to preserve and protect the outstanding scenic, recreational, natural, historical, and scientific values of the Mississippi River and its adjacent lands. Accordingly, the Commissioner of Natural Resources provides standards and criteria for the preservation, protection, and management of the Mississippi River as authorized by the Laws of Minnesota 1973, Chapter 271, and Minnesota Regulations NR 78-81 and NR 2400-2420. [C]STATEMENT OF PURPOSE: To achieve the policies described in paragraph B above and to: 1.Designate suitable land use zoning districts compatible with the shoreland management classification and consistent with NR 2400- 27/2MONTICELLO ZONING ORDINANCE 2420. 2.Regulate the minimum dimensions for the size and length of water frontage of lots suitable for building sites. 3.Regulate the placement of structures in relation to shorelines and roads. 4.Regulate the amount of impervious surface allowed on each lot. 5.Regulate the type of placement of sanitary and waste disposal facilities. 6.Regulate alteration of the natural shorelands vegetation and top ogra phy. 7.Regulate placement of roads and parking areas. 8.Regulate the subdivision of land. 9.Regulate the location of utility transmission crossings of shorelands. 10.Regulate the construction or reconstruction of public roads in shoreland areas. 11.Provide for the enforcement and administration of municipal shoreland management ordinances and management of the recreational river ordinances within the City of Monticello. [D]JURISDICTION: The jurisdiction of this chapter shall include the shorelands of all public water in the city of Monticello as depicted on the official zoning map of the City of Monticello and the recreational river land use district as described in NR 2420. [E]COMPLIANCE: The use of any shoreland of public water; the size and shape of lots; the use, size, type, and location of structures on lots; the installation and maintenance of water supply and waste disposal facilities; the filling, grading, lagooning or dredging of any shoreland area; the cutting of shoreland vegetation; and the subdivision of lots shall be in full compliance with the terms of this chapter and other applicable regulations and ordinances . Construc tion of bui ldings, pri vate water s upply, and sewa ge disposal systems and erection of signs shall require a permit unless otherwise expressly excluded by the requirements of this chapter. [F]ABROGATION AND GREATER RESTRICTION: 1.The provisions of Title 10, Zoning Ordinance, and zoning map of the City of Monticello, Minnesota, as revised and amended, of which this chapter is a part, are hereby incorporated by reference and shall be 27/3MONTICELLO ZONING ORDINANCE made as much a part of this ordinance as if the matter described were fully set out herein. 2.It is not otherwise intended by this overlay chapter to repeal, abrogate, or impair any existing deed restrictions or ordinances other than zoning to the extent specified in paragraph [F] above; however, where this chapter imposes greater restrictions, the provisions of this chapter shall prevail. [G]INTERPRETATION: In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally constructed in favor of the City and shall not be deemed a limitation or r epea l of any o the r po wers gran ted by Minnesota Statutes. [H]SEVERABILITY: The provisions of this chapter shall be severable, and the invalidity of any paragraph, sub-paragraph, or subdivision thereof shall not make void any other paragraph, sub-paragraph, subdivision or any other part. [I]DEFINITIONS: For the purpose of this chapter, certain terms or words used herein shall be interpreted as follows: the word "shall" is mandatory, not permissive. All distance unless otherwise specified shall be measured hor izo nta lly. 1.BOATHOUSE: A structure used solely for the storage of boats or boating equipment. 2.BUILDING LINE: That line measured across the width of the lot at the point where the main structure is placed in accordance with the setback provisions. 3.CLEAR-CUTTING: The removal of an entire stand of trees. 4.HARDSHIP: The property in question cannot be put to a reasonable use under the conditions allowed by the official controls; the plight of the landowners is due to circumstances unique to his property, not created by the landowner; and the variance, if granted, will not alter the essential character of the locality. Economic consideration alone shall not constitute a hardship if a reasonable use for the property exists under terms of the official controls. 5.LOT: A parcel of land designated by metes and bounds description, registered land survey, auditors plat, or other accepted means and separated from other parcels or portions by said description or the purposes of sale, lease, or separation thereof. For the purposes of these regulations, a lot shall be considered to be an individual building site which shall be occupied by not more than one principal structure equipped with sanitary facilities. 6.ORDINARY HIGH WATER: A mark delineating the highest water 27/4MONTICELLO ZONING ORDINANCE level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. 7.PLANNED UNIT DEVELOPMENT: A type of development which may incorporate a variety of land uses planned and developed as a unit. The planned unit development is distinguished from the traditional subdivision process of development in that zoning standards such as density, setbacks, height limits, and minimum lot sizes may be altered by negotiation and agreement between the developer, the municipality, and the Commissioner of Natural Resources. 8.PLANNING AGENCY: The Planning Commission or planning department as cr eat ed b y the mun ici pal ity. 9.PUBLIC WATERS: Any waters of the state which serve a beneficial public purpose as defined in Minnesota Statutes 1976, Section 105.37, Subdivision 6. However, no lake, pond, or flowage of less than ten (10) acres in size and no river or stream having a total drainage area less than two (2) square miles shall be regulated for the purposes of these regulations. A body of water created by a private user where there was no previous shoreland as defined herein for a designated private use authorized by the Commissioner of Natural Resources shall be exempt from the provisions of these regulations. The official determination of the size and physical limits of drainage areas of rivers and streams shall be made by the Commissioner of Natural Resources. The official size of lakes, ponds, or flowage shall be the areas listed in the Division of Water Bulletin 25, and Inventory of Minnesota lakes; or in the event that lakes, ponds, or flowages are not listed therein, official determination of size and physical limits shall be made by the Commissioner of N atu ral Res our ces i n co ope rat ion wit h th e mu nic ipa lit y. 10.SETBACK: The minimum horizontal distance between a structure or sanitary facility and the ordinary high water mark, or between a structure or sanitary facility and a road, highway, or property lines. 11.SHORELAND: Land located within the following distances from public water: (a)1,000 feet from the ordinary high water mark of a lake, pond, or flowages. (b)Three hundred (300) feet from a river or stream, or the landward extent of a flood plain designated by ordinance on such river or stream, whichever is greater. The practical limits of shorelands may be less than the statutory limits where such limits are designated by natural drainage divides at lesser distances as shown on the official zoning map of the City of 27/5MONTICELLO ZONING ORDINANCE Monticello. (c)The area included in the recreational land use districts for the Mississippi River as defined in Minnesota Regulations NR 2400-2420. 12.SUBDIVISION: Improved or unimproved land or lands which are divided for the purposes of ready sale or lease, or divided successively within a five (5) year period for the purpose of sale or lease, into three (3) or more lots or parcels of less than five (5) acres each, contiguous in area, and which are under common ownership or control. 13.SUBSTANDARD USE: Any use of shorelands existing prior to the date of enactment of this ordinance which is permitted within the applicable zoning district but does not meet the minimum lot area and length or water frontage, structure setbacks, or other dimensional standards of the ordinance. 27-2:DESIGNATION OF TYPES OF LAND USE In order to guide the wise development and utilization of shorelands of public waters for the preservation of water quality, natural characteristics, economic values, and the general health, safety, and welfare in the city of Monticello, a shoreland management classification has been given by the Commissioner of Natural Resources, and uses of shoreland in these classes are hereby designated by land use districts, based on the compatibility of the designated type of land use with the shoreland management classification. [A]SHORELAND MANAGEMENT CLASSIFICATION SYSTEM: The public waters in the city of Monticello have been classified by the Commissioner of Natural Resources as "general development lakes and streams" which include the Mississippi River and Otter Creek. In addition, the Mississippi River has been designated as a "recreational" component of Minnesota's wild, scenic, and recreational rivers system. [B]SHORELAND OVERLAY DISTRICT: The shorelands of the city of Monticello are hereby designated as a shoreland overlay district. The purpose of the shoreland overlay district is to provide for the wise utilization of shoreland areas in order to preserve the quality and natural character of the public waters of the city of Monticello. 1.PERMITTED USES: All permitted uses allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the City of Monticello. 2.CONDITIONAL USES: All conditional uses and applicable attached conditions allowed and regulated by the applicable zoning district underlying this shoreland overlay district as indicated on the official zoning map of the City of Monticello. 27/6MONTICELLO ZONING ORDINANCE 3.GENERAL PROVISIONS: The following standards shall apply to all shorelands of all public waters within the city of Monticello. Where the requirements of the underlying zoning district as shown on the official zoning map are more restrictive than those set forth herein, the n th e mo re re str ict ive sta nda rds sha ll a ppl y. GENERAL UNSEWERED AREA DEVELOPMENT WATERS Lot area (feet)20,000 Water frontage and lot width at a building line (feet) 100 Building se tback from o rdinary high water mark (feet) 75 Building setback from roads and highways (feet) 50 Federal/State/County 20 Municipal/Private Elevation of lowest floor above highest known water level (feet) 3 Building height limitation (feet) 35 Total lot area covered by impervious surface (%) 30 Sewage system setback from ordinary high water mark (feet) 50 Sewage system elevation above highest groundwater level or bedrock (feet) 4 GENERAL SEWERED AREA DEVELOPMENT WATERS All provisions for unsewered areas shall apply to sewered areas except for the following, which shall supersede the provisions applied to unsewered areas: Lot Area (feet): 27/7MONTICELLO ZONING ORDINANCE Waterfront lots 15,000 abutting public waters Other lots 12,000 not abutting public waters GENERAL SEWERED AREA DEVELOPMENT WATERS Lot Area (feet): Water frontage and lot width at building line (feet)80 Bui ldi ng se tba ck fr om o rdi nary high water mark (feet)50 [C]VEGETATIVE CUTTING PROVISIONS AND GRADING AND FILLING (Recreational River): 1.On lands within the building setback from the normal high water mark, the Mississippi River, and the portion of Otter Creek within the recreational land use district: (a)Clear-cutting except for any authorized public services such as roads and utilities shall not be permitted. (b)Selective cutting of trees in excess of four (4) inches in diameter at breast height is permitted provided that cutting is spaced in several cutting operations and a continuous tree cover is maintained, uninterrupted by large openings. In cases where the ex isting tree cover has bee n interrup ted by large openings in the past, selective cutting should be performed so as to maintain a continuous tree cover in the remaining wooded areas. (c)The above cutting provisions shall not be deemed to prevent: i.The removal of diseased or insect infested trees or of rotten or damaged trees that present safety hazards; or ii.Pruning understory vegetation, shrubs, plants, bushes, grasses, or from harvesting crops or cutting suppressed trees or trees less than four (4) inches in diameter at breast height. 2.Clear-cutting anywhere in wild, scenic, or recreational river land use districts is subject to the following standards and criteria: (a)Clear-cutting shall not be used as a cutting method where soil, 27/8MONTICELLO ZONING ORDINANCE slope, or other watershed conditions are fragile and subject to inj ury. (b)Clear-cutting shall be conducted only where clear-cut blocks, patches, or strips are in all cases shaped and blended with the natural terrain. (c)The size of clear-cut blocks, patches, or strips shall be kept at the min imu m ne cess ary. (d)Where feasible, all clear-cuts shall be conducted between September 15 and May 15. If natural regeneration will not result in adequate vegetative cover, areas in which clear- cutting is conducted shall be replanted to prevent erosion and to maintain the aesthetic quality of the area. Where feasible, replanting shall be performed in the same spring or the following s pring. 3.Grading and filling in of the natural topography which is not accessory to a permitted or conditional use shall not be permitted in the land use district. 4.Grading and filling in of the natural topography which is accessory to a permitted or conditional use shall be performed in a manner which minimizes earth moving, erosion, tree-clearing, and the destruction of natural amenities and shall be controlled by the local ordinance. 5.Grading and filling in of the topography shall also meet the following standards: (a)The smallest amount of bare ground is exposed for as short a time as feasible. (b)Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (c)Methods to prevent erosions and trap sediment are employed. (d)Fill is stabilized to accepted engineering standards. 6.Excavation of material from or filling in a recreational river or construction of any permanent structures or navigational obstructions therein is prohibited unless authorized by a permit from the Commissioner pursuant to Minnesota Statutes, Section 105.42. 7.No state or local authority shall authorize the drainage or filling in of wetlands within the recreational river land use district. [D]VEGETATIVE CUTTING, GRADING, AND FILLING (Other Public 27/9MONTICELLO ZONING ORDINANCE Waters): 1.The removal of natural vegetation shall be restricted to prevent erosion into the public waters, to consume nutrients in the soil, and to preserve shoreland aesthetics. Removal of natural vegetation in the shoreland overlay district shall be subject to the following provisions: (a)Selective removal of natural vegetation shall be allowed, provided that sufficient vegetative cover remains to screen cars, dwellings, and other structures when viewed from the water. (b)Clear-cutting of natural vegetation shall be prohibited. (c)Natural vegetation shall be restored insofar as feasible after any construction project is completed in order to retard surface run-off and soil erosion. (d)The provisions of this section shall not apply to permitted uses which normally require the removal of natural vegetation. 2.Grading and filling in shoreland areas or any alterations of the natural topography where the slope of the land is toward a public water or wat erco urs e le adi ng to a pu bli c wat er m ust be au tho riz ed b y a conditional use permit. The permit may be granted subject to the conditions that: (a)The smallest amount of ground is exposed for as short a time as feasible. (b)Temporary ground cover such as mulch is used and permanent ground cover such as sod is planted. (c)Methods to prevent erosion and trap sediment are employed. (d)Fill is stabilized to accepted engineering standards. 3.Excavations on shorelands where the intended purpose is connection to a public water shall require a permit from the Zoning Administrator before construction is begun. Such permit may be obtained only after the Commissioner of Natural Resources has issued a permit for work in the beds of public waters. [E]UTILITY COMPANIES, STANDARDS, AND CRITERIA FOR UTILITY CROSSINGS: All transmission services constructed within the Mississippi River recreational shoreland district shall require a conditional use permit. The construction of such transmission services shall be subject to the standards and criteria of Minnesota Regulations NR 70 (I) (2). No conditional use permit shall be required for high voltage transmission lines 27/10MONTICELLO ZONING ORDINANCE under control of the Environmental Quality Council pursuant to Minnesota Statutes, Section 1160.61. [F]PUBLIC ROAD, RIVER CROSSINGS: All new construction or reconstruction of public roads within the Mississippi River recreational shoreland district shall require a conditional use permit. Such construction or reconstruction shall be subject to the standards and criteria of Minnesota Regulations NR 79 (J) (2). A conditional use permit is not required for minor public streets which are streets intended to serve primarily as an access to abutting properties. "Public Roads" include township, county, and municipal roads and highways which serve or are designed to serve flows of traffic between communities or other traffic generating areas. [G]SANITARY PROVISIONS: Any public or private supply of water for domestic consumption purposes shall conform with the Minnesota Department of Health standards for water supply. No person, firm, or corporation shall install, alter, repair, or extend any private well without first obtaining the necessary permits from the County Sanitation Office.