City Council Ordinance 687AN ORDINANCE AMENDING TITLE 10 OF THE
MONTICELLO ZONING CODE, CHAPTER 4, SECTION 4.8,
CHAPTER 5, SECTION 5.3, AND CHAPTER 6, SECTION 6.2,
INCORPORATING A "PUBLIC IMPROVEMENT PROJECT EXCEPTIO]
TAE CITY COUNCIL OF THE CITY OF MONTICELLO, MINNESOTA HEREBY
,PRDAINS.
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(a) Required accessory off-street parking shall be on the same lot under the same
ownership as the principal use being served except under the provisions of
Section 4.8(G)(3), subject to the Public Improvement Project Exception as
regulated by Section 6.2 (D)(1).
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(e) Be located on the same lot as the principal use or structuresubject to the
Public Improvement Project Exception as regulated by Section 6.2 (D)(1).;
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(f) Not be constructed or established prior to the time the principal use or structure
is constructed or established, subject to the Public Improvement Project Exception
as regulated by Section 6.2 (D)(1).
Section 4. Chapter 6, Section 6.2 (D) is hereby amended to read as follow's
(D) No non -conforming building, structure, or use shall be moved to another lot
or to any other part of the parcel of land upon which the same was constructed or
was conducted at the time of this ordinance adoption unless such movement shall
bring the nonconformance into compliance with the requirements of this
ordinance.
(1) Public Improvement Project Exception. When a condition of"private
property is rendered non-confonning by the action and/or project of a
municipal, county, or state agency, such that as a part of said project, the
agency acquires land or property rights affecting the use or conformity of
any previously approved condition, the Community Development
Department may conduct a Site Plan Review of the resulting property.
Where the property under review is subject to a Conditional Use Permit or
Variance, or where the property would otherwise require a variance as a
result of the review, the City shall provide written notice to abutting
property owners no less than ten days prior to final approval. Upon such
review, the Community Development Department may issue an approval
for the affected private improvements or the relocation of private
improvements to another part of the subject property, or another abutting
parcel under the control of the affected property owner, without requiring
review as a variance, Conditional Use Pennit, or other zoning review and
approval of either the Board of Adjustment and Appeals or the City
Council. In such cases, the following requirements shall apply:
(a) The Community Development Department finds that no
reasonable alternative exists to accommodate the continuation of
the use on the property without the use of this exception clause.
(b) If private improvements are relocated to an abutting parcel, the
owner shall execute and record an easement between the two
parcels authorizing the use. In this case, the prohibition against an
accessory use on a parcel without a principal use is specifically
waived for this purpose.
(c) In cases other than those affected by the public improvement
and approved under this section, the relocated private
improvements, whether relocated to the same parcel or an abutting
parcel, shall be constructed according to all applicable zoning
regulations.
(d) The affected private improvements or relocated private
improvements shall be considered conforming as of the date of the
relocation or acquisition of land or property rights. Said private
improvements shall be subject to non -conformity regulations as
any other conforming condition if subsequent alterations to the
zoning regulations affect such improvements.
(e) The Community Development Department shall cause a
description of the Site Plan Approval to be recorded against the
applicable property or properties, certifying the approval of the
condition in question.
Section 5. The City Clerk is hereby directed to make the changes required by this Ordinance
as part of the Official Monticello City Code, Title 10, Zoning Ordinance, and to
renumber the tables and chapters accordingly as necessary to provide the intended
effect of this Ordinance. The City Clerk is further directed to make necessary
corrections to any internal citations and diagrams that result from such
amendments, provided that such changes retain the purpose and intent of the
Zoning Ordinance as has been adopted.
Section 6. This Ordinance shall take effect and be in full force from and after its passage.
Revisions will be made online after adoption by Council. Copies of the complete
Zoning Ordinance are available online and at Monticello City Hall.
ADOPTED BY the Monticello City Council this 27"' day of November, 2017.
CITY OF MONTICELLO
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ATTEST:
(2
Jeff 0' ei&ityA2inin=strator
VOTING IN FAVOR: Davidson, Fair, Gabler, Hilgart, and Stumpf
VOTING IN OPPOSITION: None