(A) General regulations applicable to all uses.
(1) Combination uses. In commercial and industrial base zoning districts, combination uses may be allowed within the principal building with each use subject to all regulations in this chapter.
(2) Nuisances prohibited. In addition to any nuisance provisions within city code, the following shall apply:
(a) Refuse and garbage.
1. In all districts, all refuse, rubbish, or garbage shall be kept in an enclosed building or properly contained in a closed container designed for such a purpose.
2. The owner of vacant land shall be responsible for keeping the land free of refuse, rubbish, or garbage.
(b) Glare.
1. Any lighting used to illuminate off-street parking area, sign, or other structure, shall be arranged as to deflect light away from any adjoining residential zone or from the public streets.
2. Direct or sky-reflected glare, where from floodlights or from high temperature processes such as combustion or welding, shall not be directed into any adjoining property.
3. The source of lights shall be hooded or controlled in some manner so as not to cast light on adjacent property.
4. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way.
5. Any light or combination of lights which cast light on a public street shall not exceed one foot candle (meter reading) as measured from the center line of said street.
6. Any light or combination of lights which cast light on residential property shall not exceed 0.4 foot candles (meter reading) as measured from said property.
(c) Smoke. The emission of smoke by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15.
(d) Dust and other particulated matter. The emission of dust, fly ash, or other particulated matter by any use shall be in compliance with and regulated by the State of Minnesota Pollution Control Standards, Minnesota Regulation APC 1-15.
(e) Noise. 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.
(3) Building and structure location. All buildings and structures shall be so placed so that they will not obstruct future streets which may be constructed by the city in conformity with existing streets and according to the system and standards employed by the city.
(B) Regulations for agricultural uses.
(1) Agriculture.
(a) Agricultural related buildings and structures including farm dwellings shall be subject to Minnesota Pollution Control Standards.
(b) Agricultural uses shall not include commercial feed lots or other commercial operations.
(c) The keeping and/or raising of livestock raising shall be prohibited in all zoning districts except for the A-O District.
(2) Agricultural sales. All agricultural sales businesses shall adhere to the following:
(a) Activities shall be limited to those listed within the definition for an agricultural sales business.
(b) The agricultural sales business shall be located on land owned or leased by the producer or the operator of the business, and not within or on any public rights-of-way or easements.
(c) The operator must be able to demonstrate at all times to the city that there is sufficient access, parking and maneuvering space, that the location and adequacy of approaches are sufficient, that there is suitable and safe access for pedestrians, and that customer parking is away from the travel way and in close proximity to the agricultural sales business.
(d) All waste materials shall be enclosed in containers provided on the site, and shall not generate any nuisance impacts on adjacent properties.
(e) All sidewalks, roadways, and parking areas shall be treated as necessary to eliminate dust nuisance impacts on adjacent properties.
(3) Community garden.
(a) Prior to a parcel being utilized as a community garden, the landowner shall be required to secure an annual community garden permit from the Community Development Department.
(b) Each community garden must have two or more gardeners as a prerequisite for obtaining a permit to ensure code and permit guidelines are followed.
(c) Unused plots and common areas shall be maintained and kept free of weeds, dead plant materials, and other debris/garbage.
(d) Containers, including water bins, and planters, shall not hold standing water unless they are completely covered.
(e) Composting of vegetative matter is allowed (leaves, plants, wood chips, etc.); composting of meat, human or pet waste is prohibited.
(f) Overhead lighting is prohibited.
(g) Signage is limited to a single, non-illuminated, single sided sign of four square feet.
(4) Stables.
(a) Animal building, holding, grazing, and exercise areas are located a minimum of 1,000 feet from any residential, commercial, or industrial use district.
(b) The land area of the property containing such use of activity meets the minimum established for the district.
(c) All applicable requirements of the State Pollution Control Agency are complied with.
(C) Regulations for residential uses.
(1) General regulations for all dwellings. All dwellings located in any residence district shall conform to the following minimum requirements in addition to the specific requirements applicable to the individual residence districts:
(a) Except for in the M-H zoning district, all dwellings shall be placed on a permanent foundation which complies with the Minnesota State Building Code, and which are solid for the complete circumference of the dwelling.
(b) All dwellings shall have a minimum width and depth of 20 feet, exclusive of porches, entryways, or attached storage sheds.
(c) All dwellings shall be served by public sanitary sewer and water.
(d) Direct vehicular access to residential units from arterial or collector roadways shall be prohibited unless no other reasonable alternative exists as determined by the Community Development Department.
(e) In addition to standards applicable to all houses in residential districts, manufactured homes, as defined by Minnesota Statutes, shall be built in compliance with the Minnesota Manufactured Homes Building Code and all statutory requirements (see M.S. §§ 327.31 through 327.35, as they may be amended from time, on manufactured homes).
(f) No cellar, basement, garage, tent, trailer, motor vehicle or accessory building shall at any time be used as an independent residence or dwelling unit, either temporarily or permanently. Tents, play houses or similar structures may be used for play or recreational purposes.
(g) Except for dwellings classified as elderly (senior citizen) housing, the minimum floor area per dwelling unit shall be as prescribed in individual zoning district regulations.
(h) Apartment and condominium dwelling units shall only be located in multiple-family buildings or in buildings within the CCD district as regulated by this chapter.
(2) Attached dwelling.
(a) Regulations applicable to all attached dwelling types.
1. Size of development. All attached dwelling developments that contain more than two structures with dwelling units and/or having a structure containing more than ten dwelling units shall require a conditional use permit.
2. Usable open space. Except for mixed use projects in the CCD District, each multiple-family dwelling site or townhouse site shall contain at least 500 square feet of usable open space for each dwelling unit contained thereon, or a minimum of 30% green space, whichever is greater. For the purposes of this chapter, green space shall include lawn, shrubs, trees, or other planted open space usable for gardens, shade, or recreation and shall not include planted areas between parking areas or sidewalks and parking areas which are less then ten feet in width, nor shall it include any part of the public right-of-way, delineated wetland(s), or required stormwater ponding areas below the ten-year flood elevation.
(b) Duplex and two-family dwellings.
1. A minimum of two off-street parking spaces per unit shall be provided within an enclosed garage of at least 400 square feet.
2. All driveways and required off-street parking spaces shall be surfaced with concrete, bituminous or approved equivalent.
3. Legal nonconforming single-family dwellings located within R-3 Zoning Districts may be converted to duplex dwellings by conditional use permit where environmental conditions on the property support preservation of trees, drainage patterns, or other related features.
(c) Townhouse.
1. No building shall contain more than eight dwelling units.
2. Each dwelling unit shall have separate and individual front and rear entrances.
3. Private driveways for garages in townhouse developments shall provide a minimum of 20 feet worth of parking space which does not interfere with the use of public sidewalks or trails.
4. Setbacks:
a. Buildings in townhouse developments shall be located at least 20 feet apart and 20 feet from the back of the curb of a private roadway.
b. The applicable setbacks required in the underlying zoning district shall be met along the perimeter lot lines of the development and along all public roadways.
(d) Multiple-family.
1. Development of a multiple-family building shall be compatible with the existing and planned land use of the area and conflicts shall not be created between commercial and residential use and activities.
2. If in the R-2 district, multiple-family buildings shall be limited to four dwelling units.
3. If in the B-2 District, multiple-family buildings shall be adequately served by a collector or arterial street.
4. If in the B-1, B-2 or CCD district, multiple-family units shall be in the form of apartments or condominiums located above the first floor of the building, unless otherwise authorized to be on the first floor by a conditional use permit meeting the following additional standards:
a.
The proposed site for residential use is consistent with the goals and objectives of the City's Comprehensive Plan and detailed in the Comprehensive Plan Amendment entitled "Downtown Monticello Small Area Plan."
b. The proposed site does not interrupt the flow of commercial pedestrian traffic in the “CCD” district.
c. Density for ground floor residential units shall not exceed one unit per 9,000 square feet of lot area, exclusive of land area utilized by, or required for, permitted uses on the property.
5. Multiple-family housing in the R-3, B-1, B-2 or CCD zoning districts shall be subject to the requirements found in Table 3-8 of § 153.043.
6. Multiple-family housing in the R-4 zoning district shall be subject to the requirements found in Table 3-9 of § 153.043.
(3) Group residential facility.
(a) Licensed day care facilities qualifying as group residential facilities shall adhere to the following:
1. No overnight facilities are provided for the children served. Children are delivered and removed daily.
2. All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.
(b) Group residential facility, multi-family.
1. Group residential facility, multi-family shall require authorization through a conditional use permit following the provisions of § 153.028(D), subject to the following conditions:
a. Density of residents shall equal no more than one person per 520 square feet of total net livable area in the principal dwelling.
b. Living accommodations for on-site resident staff shall be deducted from the principal dwelling square footage for purposes of determining density in division (1) above.
c. The property shall be developed to provide two off-street parking spaces for staff and one space per three residents for visitors.
d. Parking areas shall be paved with concrete or bituminous surface, and shall meet all other standards of parking lot design in this chapter, with the exception that the use shall be exempt from curb requirements.
e. The property shall maintain a minimum of 30% landscaped green space based on the gross area of the property.
f. The building shall be designed and constructed to be consistent with the architectural character of the neighborhood in which it is located.
(4) Manufactured homes/manufactured home park.
(a) Manufactured homes in general. All manufactured homes within the City of Monticello shall be built in conformance with the manufactured home building code and comply with all provisions of this chapter.
(b) Manufactured home parks. Development of new manufactured home parks shall be encouraged to use the planned unit development (PUD) process to allow the city to vary or modify the strict application and requirements for manufactured home parks to more readily accommodate this type of development. However, absent development through a PUD, the following requirements shall apply:
1. In general:
a. The minimum total manufactured home park area shall be five acres.
b.
Each designated manufactured home site shall not be less than 2,500 sf.
c. Notwithstanding the type of development concept used, the maximum density shall be 13 manufactured homes per acre.
d. Manufactured homes shall be the only permitted dwelling type in a manufactured home park.
e. No tents shall be used for other than recreational purposes in a manufactured home park.
f. There shall be no outdoor camping anywhere in a manufactured home park.
g. Laundry and clothing shall be hung out to dry only on lines located in Council approved areas established and maintained exclusively for that purpose.
h. Adequate storm shelters for all residents of the manufactured home park shall be provided on-site.
i. No part of any manufactured home park shall be used for non-residential purposes, except such uses that are required for the direct servicing and well-being of park residents and for the management and maintenance of the park.
j. All manufactured homes must be securely anchored in a manner which meets shoreland district requirements (if within a shoreland district) and applicable state requirements for resisting wind forces.
2. Grading, drainage and groundcover:
a. Condition of soil, ground water level, drainage, topography shall not create hazards to the property or the health and safety of the occupants.
b. The ground surface in all parts of every manufactured home park shall be graded and equipped to drain all surface water in a safe, efficient manner.
c. Exposed ground surfaces in all parts of every manufactured home park shall be paved or covered with stone, screening or other solid material, or protected with a grass that is capable of preventing soil erosion and of eliminating objectionable dust.
d. No portion of a manufactured home park shall be subject to unpredictable or sudden flooding.
3. Setbacks and lot requirements:
a. Manufactured homes shall be separated from each other and from other buildings and structures by at least 15 feet.
b. An accessory structure such as an awning, cabana, storage cabinet, carport, windbreak, and porch which has an opaque top or roof, shall, for purposes of all separation requirements, be considered to be part of the manufactured home. However, applicable building code separation requirements shall still apply as applicable.
c. There shall be a minimum distance of twenty feet between the manufactured home stand and abutting park street.
d. All manufactured homes, off-street parking spaces, and structures shall be located at least thirty feet from any property boundary line abutting upon a public street or highway and at least thirty feet from other property boundary lines.
e. Each manufactured home site shall have frontage on an approved roadway and the corner of each manufactured home site shall be marked and each site shall be numbered.
f. Dedicated storage area(s) and building(s) shall be for the sole use of the residents of the manufactured home park and are not available for use by non-residents.
4. Screening and open space:
a. All manufactured home parks located adjacent to residential, recreational, commercial or industrial land uses shall provide screening such as fences, shrubs, trees along the property boundary line separating the park and such uses, and shall be maintained by the state license holder in a neat and orderly manner.
b. A minimum of 2,000 sf. for every acre, or part thereof, in a manufactured home park shall be provided for definable play areas and open space. Such areas of open space and play area shall not be areas included within any setback nor shall they include any areas of less than twenty feet in length or width.
5. Parking. Each manufactured home site shall be served by two off-street parking spaces for automobiles.
6. Utilities:
a. All manufactured homes shall be connected to a public water and sanitary sewer system or a private water and sewer system approved by the State Department of Health.
b. All installations for disposal of surface stormwater must be approved by the city.
c. All utility connections shall be as approved by the city.
d. The source of fuel for cooking, heating, or other purposes at each manufactured home site shall be as approved by the city.
e. All utilities shall be underground; there shall be no overhead wires or supporting poles except those essential for street or other lighting purposes.
f. No obstruction shall be permitted that impedes the inspection of plumbing, electrical facilities, and related manufactured home equipment.
g. The method of garbage, waste, and trash disposal must be approved by the city.
h. Owner shall pay any required sewer and connection fees to the city.
7. Lighting:
a. Artificial light shall be maintained during all hours of darkness in all buildings containing public toilets, laundry equipment, and the like.
b. The manufactured home park ground shall be lighted as approved by the city from sunset to sunrise.
8. Accessory structures:
a. Accessory storage buildings serving the overall park and not an individual unit in manufactured home parks, if not reviewed and approved as part of a PUD, shall be conditionally permitted subject to the following additional requirements:
(i) The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non-residents.
(ii) Accompanying outdoor storage areas shall be fully screened from surrounding manufactured home units and adjacent properties.
b. For individual residential units within a mobile or manufactured home park, the following standards shall apply:
(i) Only one detached accessory structure, major or minor, shall be allowed.
(ii) The maximum area of a detached accessory structure shall be 300 square feet.
(iii) The maximum height of the structure shall be 15 feet as measured at the median height of the roof.
(iv) The detached accessory structure may not be located between the front line of the residential unit and the park access road.
(v) Such structure shall be located five feet from any other structure.
(vi) The location of accessory structures shall be permitted only with the permission of the manufactured home park owner.
(vii) Detached accessory structures exceeding 300 square feet shall require authorization through conditional use permit, which shall be subject to the following requirements:
A. Permission of the park owner.
B. Detached accessory structure shall have access to the park road.
C. No other detached accessory structure shall be permitted.
D. The maximum height of the structure shall be 15 feet as measured at the median height of the roof.
(D) Regulations for civic and institutional uses.
(1) Active park facilities – private. Private park facilities must be operated only for the enjoyment and convenience of the associated residents and their guests.
(2) Assisted living facilities.
(a)
The development must be contained on an single parcel; 30% of the parcel must be preserved as open space at least two-thirds of which shall be useable.
(b) To continue to qualify for the senior citizen housing classification, the owner or agent shall annually file with the Community Development Department a certified copy of a monthly resume of occupants of such a multiple dwelling, listing the number of tenants by age.
(c) One off-street loading space shall be provided in compliance with § 153.068, Off-Street Loading Spaces.
(d) Elevator service shall be provided to each floor level which contains senior housing units.
(e)
Efficiency units shall be a minimum floor area of 440 square feet, and shall not exceed 20% of the total number of apartments in a multiple dwelling, or the maximum established in the district, whichever is less.
(f) One bedroom units shall be a minimum floor area of 520 square feet.
(3) Cemeteries.
(a) New cemeteries shall be located on a site or parcel with an area of at least two and one-half acres.
(b) New cemeteries shall be located on a site or parcel that fronts an arterial or collector street.
(c) Cemeteries shall include adequate space for the parking and maneuvering of funeral processions.
(d) Interments shall take place at least 50 feet from any lot line.
(e) Cemeteries shall not be located within one-half mile of Interstate Highway 94.
(4) Hospitals. A hospital shall:
(a) Be located on a site of at least five acres.
(b) Be located on a parcel that fronts or has direct access to an arterial or collector street.
(c)
Be served by public water and wastewater systems.
(d) Side yards shall be double the minimum requirements established for the applicable district.
(g) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with § 153.068.
(h) Exterior lighting standards outlined in § 153.063 shall be met.
(5) Nursing or convalescent home.
(a) Side yards shall be double the minimum requirements established for the applicable district.
(c) One off-street loading space in compliance with § 153.067 is installed.
(6) Places of public assembly.
(a) Institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street.
(b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback.
(d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 153.067 of this chapter and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 153.060(F).
(e) Adequate off-street loading and service entrances are considered and satisfactorily provided.
(f) Public assembly in the B-3 District:
1. Shall only be allowed on properties of ten acres in size or more, except that the city may consider such uses on smaller properties by interim use permit, subject to the following requirements:
a. The applicant for an IUP would enter into a development agreement specifying the duration of the IUP, with a time limitation.
b. The applicant would be able to demonstrate that the interim occupancy would not interfere with other commercial uses of the property, either in the nature of the use, the times of operation, or demand for services, such as parking or other impacts.
c. The IUP would expire upon the end of the specified term, or when the applicant vacates the property, and would not be transferable to another similar public assembly use.
d. Changes in scope or nature of the proposed use, operation, or other elements would require amendment to the IUP and the development contract, or a new IUP, depending on the change.
e. No such IUP, subsequent amendment, or reapplication may result in a duration of the subject use for more than ten years of cumulative and continuous occupancy.
2. Public assembly uses in the B-3 District must occupy buildings of at least 20,000 gross square feet of area.
3. Public assembly uses in the B-3 District shall provide off-street parking areas that are designed to meet their unique traffic patterns and parking accumulation ratios. For the B-3 district, the requirement shall be one parking space per two and one-half seats in the main assembly area, based on the building code calculation for maximum occupancy.
4. Proposed public assembly applications in the B-3 District will be required to provide a traffic study demonstrating peak traffic periods, and the ability to manage traffic loads without negatively impacting the adjoining public streets. Private and/or public street improvements may be required to ensure no negative impacts.
5. CUP applications for public assembly uses in the B-3 District will require the identification of the principal use, and those other uses of the subject property that are proposed as accessory uses. All such uses must be allowed in the B-3 District.
(g) In the CCD, the following conditions shall apply:
1. Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
2. Site planning shall minimize parking lot development adjacent to public area in the district, including streets, pathways, and open spaces.
(7) Public buildings or uses:
(b) Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met.
(d) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with § 153.068.
(e) Exterior lighting standards outlined in § 153.063 shall be met.
(8) Public warehousing, temporary.
(a) The use shall be allowed by interim use permit, with a termination date of no later than five years from the date of approval.
(b) The interim use shall apply to public storage of equipment only, and shall not apply to any private entity, either during or after the term of the permit.
(c) The use, if not allowed as a permitted principal use, may be a “secondary use” allowed on the property, separate and unrelated to the principal use.
(d) The use shall occupy indoor storage only, in one or more existing buildings, and shall not include outdoor storage.
(e) The use shall otherwise meet all zoning and building code standards.
(f) The use shall not interfere with other permitted, conforming private uses of the property, nor with the provision of public services to the property or the neighborhood in which it is located.
(g) No signage shall be allowed identifying the use, other than permitted directional signage on the property.
(9) Pre-K-12 schools (public or private):
(a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street.
(b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback.
(d) Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street or alley to the principal use in compliance with § 153.067 and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 153.060(F).
(e) Adequate off-street loading and service entrances are considered and satisfactorily provided in accordance with § 153.068.
(f) Exterior lighting standards outlined in § 153.063 shall be met.
(g) If locating within an industrial zoning district:
1. A specified termination date is documented.
2. The proposed parcel has adequate improved parking to accommodate the student capacity.
3. The proposed building is constructed or altered only in ways which do not interfere with future refitting for industrial use.
(h) Buildings and structures must comply with building code requirements as adopted by the City of Monticello.
(10) Utilities (major).
(a) An electrical power facility, substation, or transmission station as a principal use of property shall be set back at least 100 feet from all lot lines. Service or storage yards shall be prohibited.
(b) All commercial WECS systems shall adhere to the requirements of § 153.071.
(E) Regulations for commercial uses.
(1) Adult uses: See § 153.046(T).
(2) Auction house.
(a) The architectural appearance and function plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.
(c) Parking areas shall be landscaped and screened from view in compliance with § 153.060(F).
(d) Off-street parking shall comply with § 153.067.
(e) Vehicular access points shall be limited, shall create a minimum of conflict through traffic movements, and shall be subject to the approval of the Community Development Department.
(f) All lighting shall be in compliance with § 153.063.
(g) The entire area shall have a drainage system which is subject to the approval of the Community Development Department.
(h) All signing and information or visual communication devices shall be in compliance with § 153.064.
(i) The use shall require authorization through a conditional use permit following the provisions of § 153.028(D).
(j) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.
(k) No pets or livestock may be sold at this auction sales facility.
(l) Provisions must be made to control and reduce noise when adjacent to a residential zoning district.
(m)
All outside storage and outdoor sales and display,
if allowed, shall be effectively screened from public view in accordance with § 153.060(I) and limited to 10% of the gross floor area of the principal use building.
(3) Auto repair – minor.
(a) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.
(b)
Repair of all vehicles shall occur within an enclosed building. Temporary outdoor vehicle storage may be allowed in an outdoor storage area that is no larger than 25% of the buildable area of the lot, is located behind the front building line of the principal structure, and is screened with a wooden fence, maintenance free vinyl or masonry wall in accordance with
§ 153.062, Fences & Walls.
(c) If gasoline is sold on-site, the use shall also comply with the standards for vehicle fuel sales as regulated by this chapter.
(d) Vehicles not being repaired but used as a source of parts shall be prohibited unless full enclosed within a building.
(e) Vehicles that are repaired and are awaiting removal shall not be stored or parked for more than 30 consecutive days. In cases where a vehicle is abandoned by its lawful owner before or during the repair process, the vehicle may remain on site as long as is necessary after the 30-day period, provided the owner or operator of the establishment demonstrates steps have been taken to remove the vehicle from the premises using the appropriate legal means.
(4) Automotive wash facilities.
(a) All automotive wash facilities shall adhere to the following standards:
1. 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.
2. Magazining or stacking space is constructed to accommodate that number of vehicles which can be washed during a maximum 30-minute period and shall be subject to the approval of the Community Development Department.
4. All lighting shall be in compliance with § 153.063.
5. Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 153.060(F).
6. The entire area other than occupied by the buildings or plantings shall be surfaced with material which will control dust and drainage which is subject to the approval of the Community Development Department.
7. The entire area shall have a drainage system which is subject to the approval of the Community Development Department.
8. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movement, and shall be subject to the approval of the Community Development Department.
9. All signing and informational or visual communication devices shall be in compliance with § 153.064.
10. Provisions are made to control and reduce noise.
11. Car wash facility shall have direct access to major thoroughfare via driveway or frontage road.
12. Intermittent sounds produced by car wash operation such as the sound of a vacuum or warning signal shall not be audible to adjoining residential properties.
(5) Bed and breakfast facilities.
(a) Bed and breakfast operations shall be limited to residential structures existing prior to the date of this chapter.
(b) The property shall be landscaped with at least a basic buffer (Table 4-2, Buffer Type “A”) in accordance with § 153.060(G).
(c)
Food served on the premises may be served only to overnight guests of the bed and breakfast.
(d) The owner, operator, or manager of the bed and breakfast shall reside on the premises.
(e) Activities shall be limited to those customary to the operation of a bed and breakfast facility. Commercial use of the property for other activities not normally associated with the operation of a bed and breakfast such as wedding receptions, parties, etc., are not allowed.
(f) Operation of the bed and breakfast facility shall comply with all state regulations governing such facilities.
(6) Brew pubs.
(a) Brew pubs shall be permitted in the CCD, B-3 and B-4 Districts provided that:
1. The brew pub sells 85% or more of its beer on-site.
2. The beer is brewed primarily for sale in the restaurant and bar, and may be dispensed directly from the brewery’s storage tanks.
3. Brewpubs may also sell beer for off-sale consumption in growler containers provided the conditions are met.
(7) Commercial lodging.
(a) All hotels and motels shall adhere to the following:
1. A hotel or motel shall have its principal frontage, access, and orientation direction on an arterial street or collector street.
2. Vehicular access from a local residential street is prohibited.
3. No more than one security or caretakers quarters may be provided on the site, and such quarters shall be integrated into the building’s design.
(b) In the CCD District, the following additional standards shall apply:
1. The principal building lot coverage is no less than 50% of the property, exclusive of easements devoted to public pedestrian use or other outdoor public spaces.
2. The building, site, and signage meet the standards for the “CCD” District.
3.
The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and as detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
(8) Communications/broadcasting. All communication antennas, antenna support structures and satellite dishes shall adhere to the applicable accessory use requirements for such outlined in § 153.092.
(9) Convenience retail. In the B-1 zoning district, the following conditions shall apply:
(a) The site is adequately served by a collector street.
(b) Access point to the site shall be limited to a collector street.
(c) Conformity with the surrounding neighborhood is maintained.
(d) Adequate screening and landscaping from neighborhood residential districts is provided in accordance with this chapter.
(e) Traffic generated by the proposed use does not exceed the capacity of surrounding streets and intersections to accommodate it.
(f) The site shall conform to parking requirements as provided in this chapter.
(g) Building setback from residential uses must be 30 feet or greater.
(h) Parking lot setback from residential uses must be 15 feet or greater.
(i) The site shall conform to signage requirements as recommended by the city. At no time shall the signage exceed the requirements as provided in this chapter.
(j) The site shall conform to lighting requirements as provided in this chapter. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.
(k) The hours of operation shall be limited to 6:00 a.m. to 9:00 p.m., except as may be approved by conditional use permit.
(l) In addition to the above requirements, if in the CCD, the following conditions shall apply:
1. Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
2. Site planning shall maximize building exposure to the street.
3. Drive-through facilities shall be located to minimize their exposure to the street.
4. Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive-through functions shall be constructed of materials to match those of the principal building.
5. Site planning shall be designed to emphasize connections to pedestrian facilities.
(10) Country club.
(a) The principal use, function, or activity is open, outdoor in character.
(b) Not more than 5% of the land area of the site be covered by buildings or structures.
(d) The land area of the property containing such use or activity meets the minimum established for the districts.
(11) Day care center.
(a) No overnight facilities shall be provided for children served by the daycare. Children must be delivered and removed from the facility daily.
(b) An outdoor recreational facility:
1. Shall be appropriately separated from the parking lot and driving areas by a fence not less than four feet in height;
2. Shall be located continuous to the day-care facility;
3. Shall not be located in any yard abutting a major thoroughfare;
4. Shall not have an impervious surface for more than one-half of the playground area;
5. Shall extend at least 60 feet from the wall of the building or to an adjacent property line, whichever is less, or shall be bound on not more than two sides by parking and driving areas; and
6. Shall be a minimum size of 2,000 sq. ft., or in the alternative 75 sq. ft. per child at licensed capacity, whichever is the greater figure.
(c) All state laws and statutes governing such use are strictly adhered to and all required operating permits are secured.
(d)
In addition to divisions (a) through (c) above, day care centers in the IBC and I-1 district, shall adhere to the following additional requirements:
1. Only be allowed as a secondary combination use which complements a primary business;
2. Only be conducted in the principal building, and not exceed 20% of the total principal building square footage;
3. Be physically separated from the other activities occurring in the principal building;
4. Not have a dedicated entrance (other than emergency exits) from the exterior of the principal building;
5. Not have dedicated off-street parking or signage.
(12) Entertainment/recreation – indoor commercial.
(a) No auctions shall take place on the premises.
(b) Outdoor storage shall be prohibited.
(c) Noise shall be controlled consistent with the standards of this chapter.
(d) When abutting a residential use, the property shall be screened with an aesthetic buffer (Table 4-2, Buffer Type “B”) in accordance with § 153.060(G).
(13) Entertainment/recreation – outdoor commercial.
(b)
Adequate measures to contain the proposed activity on the subject site shall be provided.
(c) Dust and noise are controlled consistent with City Ordinance.
(d) No auctions shall take place on the premises.
(e) Hours of operation shall be limited to 7:00 a.m. to 10:00 p.m..
(f) All lighting shall be in compliance with § 153.063.
(14) Event centers.
(a) Proximity to residential uses. Property upon which event centers are located shall not abut residentially zoned property, with the exception of R-3 and R-4 zoned properties.
(c) Event size. Event centers shall be allowed a maximum event size as specified by the conditional use permit.
(d) Number of events.
1. Event centers in the B-3 and B-4 District are not restricted in the number of events allowed unless restricted by the conditional use permit.
2. Event centers in the B-2 District may be limited to certain days or number of events by the City Council per the conditional use permit.
(e) Hours of operation. Event center hours of operation shall be as established by the City Council per the conditional use permit.
(f) Noise regulations. Event centers shall be subject to the noise-related provisions of City Code.
(g) Food regulations. Event centers may serve food and beverages as an accessory activity in accordance with all applicable federal, state, and city regulations.
(h) Overnight accommodations. Overnight accommodations are not allowed.
(i) Accessibility. All buildings used in conjunction with event centers shall meet applicable accessibility requirements imposed by state or federal law.
(j) Code compliance. The building(s) used for the event center shall meet any and all applicable federal, state, and local codes, including those which apply to sanitary facilities.
(k) Outdoor events. All events shall take place within the event center building(s), unless otherwise allowed in the zoning district or City Code.
(15) Financial institutions. Drive-thru service, if approved as an accessory use to a financial institution, shall be located to the side or rear of the principal building whenever feasible.
(16) Funeral services.
(a) Funeral homes shall have its principal frontage, access, and orientation direction on an arterial or collector street.
(b) All structures shall be located so as not to require access from an interior residential street.
(17) Animal kennel/boarding (commercial):
(a) The kennel shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
(b) Outdoor kennels or cages and any outdoor storage uses are prohibited.
(c) The facility’s minimum floor area size must provide for 75 square feet per dog and 20 square feet per cat or other animal at any one time, exclusive of office or storage area. The facility must provide one cage or air kennel per animal.
(d) Animal wastes shall be immediately cleaned with solid wastes being enclosed in a container of sufficient construction to eliminate odors and organisms. All animal waste must be properly disposed of daily by a contracted refuse service.
(e) For all areas for animal care or keeping, wall finish materials below 48 inches in height shall be impervious, washable materials such as sealed masonry, ceramic tile, glassboard, or marlite. Floor finish shall be sealed concrete or other approved impervious surface.
(f) If an outdoor exercise area is provided, it shall be at least 100 square feet in size for each animal that occupies that area at any time.
(g) Outdoor areas used for animal training or exercise shall be enclosed or fenced in such manner as to prevent the running at large or escape of animals confined therein and must fully screen the activity from public right-of-way and adjacent property.
(h) If adjacent to residential uses, outdoor animal use areas must be set back at least 50 feet from all property lines, and 75 feet from residential property lot lines.
(i) Outdoor use areas must be located in side or rear yards of the property.
(j) Fencing materials must be at least six feet in height, must be fully opaque and must consist of durable, maintenance-free materials.
(k) Use of outdoor areas is limited to 7:00 a.m. to 9:00 p.m.
(l) Outdoor use areas shall be limited to no more than six animals outside at any one time.
(m) Animals must be supervised at all times when outdoors.
(n) No more than four animals shall be outside the fenced area per supervising staff person and all animals must be leashed.
(o) Related accessory services including grooming, veterinary services, and accessory retail sales may be conducted or provided at the facility, provided that:
1. Veterinary services are limited to annual checks and vaccination services and shall not exceed 30% of the total building area.
2. Retail component of kennel facility shall not exceed 15% of total building area.
(p) The facility ventilation system must be completely separate and independent of other tenant space within the building.
(q) All city code, State Health Department and Minnesota Pollution Control Agency licenses and requirements for such facilities are current and compliant.
(18) Landscaping/nursery business.
(a) The business shall be located next to a collector or arterial street as identified in the comprehensive plan, or otherwise located so that access to the site will not conduct significant traffic on local residential streets.
(19) Medical/clinical services. In the CCD, the following conditions shall apply:
(a) Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
(b) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses.
(20) Offices (commercial).
(a) Outdoor storage and accessory building - major shall be prohibited.
(b) Buildings or structures with less than 51% of office space shall not be classified as an office use and shall be regulated by the other use of the structure.
(c) If in the B-1 district, the following shall apply:
1. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area.
2. The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood.
3. The provisions of this chapter are considered and satisfactorily met.
4. The site shall conform to signage requirements provided under § 153.064.
5. The site shall conform to lighting requirements as provided in this chapter. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.
(d) In the CCD, the following conditions shall apply:
1. Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
2. Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses.
3. Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement.
(21) Offices (professional) including financial institutions.
(a)
Outdoor storage and accessory building - major shall be prohibited.
(b) Buildings or structures with less than 51% of office space shall not be classified as an office use and shall be regulated by the other use of the structure.
(c) If in the B-1 district, the following shall apply:
1. The traffic generated will not raise traffic volumes beyond the capacity of the surrounding area.
2. The architectural appearance of the building housing the office use shall reflect the building character of the area and shall not be so dissimilar as to cause impairment of property values or constitute a blighting influence within the neighborhood.
3. The provisions of this chapter are considered and satisfactorily met.
4. The site shall conform to signage requirements provided under § 153.064.
5. The site shall conform to lighting requirements as provided in this chapter. The lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.
(d) In the CCD, the following conditions shall apply: Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
(e) Street-level floor planning designed to accommodate use by or conversion to future use as retail land uses.
(f) Parking areas shall be situated so as to minimize their exposure to public areas, or shall be landscaped and screened to minimize large expanses of open pavement.
(g) Parking supply shall be calculated at the same rate as retail sales.
(22) Personal services.
(a)
Outdoor storage and accessory building - major shall be prohibited.
(b) Drive-thru service shall require authorization through conditional use permit in accordance with § 153.091.
(c) In the B-1 district, the following shall apply:
1. Outdoor lighting shall be restricted to be consistent with the hours of operation, within one half hour of open and close times.
2. Hours of operation shall be limited to 6:00 a.m. to 9:00 p.m.
(d) Establishments engaged in dry cleaning shall be held to the following requirements:
1. Dry cleaning processing shall be restricted to the B-4 district.
2. Dry cleaning operations shall be self-contained in terms of noise and fumes with no venting to outside of building.
3. Dry cleaning facilities shall have direct access to major thoroughfare via driveway or frontage road.
(e) Tattoo facilities and providers shall be required to comply with the requirements of the Minnesota Department of Health licensing requirements and regulations, and display evidence of such compliance in a conspicuous location within the establishment.
(23) Production breweries and micro-distilleries with accessory taproom or cocktail room. Production breweries and micro-distilleries with accessory taproom or cocktail room shall be allowed by conditional use permit in the CCD, B-3 and B-4 Districts, provided that:
(a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended from time to time.
(b) The brewery or micro-distillery includes an accessory brewer's taproom or cocktail room for the on-sale of products produced on-site, and such room shall require the applicable license from the City of Monticello, according to City Code.
(c) On-site sale of beer in the form of growlers shall require a brewery license for off-sale of malt liquor, according to City Code. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello.
(d) Total production of malt liquor may not exceed 10,000 barrels annually. Of the 10,000-barrel production limit, onsite taproom retail sales shall not exceed 3,500 barrels annually, 500 barrels of which may be sold off-sale as growlers. The brewer shall annually submit production reports with the request to renew a brewer taproom or off-sale malt liquor license.
(e) A micro-distillery may be issued a license for off-sale of distilled spirits. The license may allow the sale of one 375-milliliter bottle per customer per day of product manufactured on-site, subject to the following requirements:
1. Off-sale hours of sale must conform to hours of sale for retail off-sale licensees in the City of Monticello.
2. No brand may be sold at the micro-distillery unless it is also available for distribution by wholesalers.
(f) Total production of liquor may not exceed 40,000 proof gallons annually. Of the 40,000 proof gallon production limit, onsite cocktail retail sales shall not exceed 3,500 proof gallons annually, 500 proof gallons of which may be sold off-sale in 375 milliliter bottles. The distiller shall annually submit production reports with the request to renew a cocktail room or off-sale liquor license.
(g) The brewery or micro-distillery facility provides adequate space for off-street loading and unloading of all trucks greater than 22 feet in length. In the absence of off-street loading, the city may impose limits on deliveries or shipments using the public rights-of-way, including regulating the number of trucks per day and the hours that deliveries are permitted.
(h) Loading docks shall be located and designed so they are not visible from adjoining public streets or adjoining residential zoning.
(i) No outdoor storage is permitted on the site, with the exception that waste handling (refuse and/or recycling) may occur in an enclosure that is fully screened from adjoining streets and residential zoning.
(j) No odors from the business may be perceptible beyond the property line.
(k) The business must be housed in a building that utilizes building design similar to, or compatible with, common commercial architecture, and shall avoid large wall expanses which contribute to an industrial environment.
(l) The brewer must demonstrate the capacity for producing, processing and storing malt liquor on the commercial site through the provision of a building floor plan illustrating production, bottling, and storage areas.
(m) All exterior lighting shall be compliant with § 153.063.
(24) Recreational vehicle camp site.
(a) The land area of the property containing such use or activity meets the minimum established for the district.
(b) The site shall be served by a major or arterial street capable of accommodating traffic which will be generated.
(c) All driveways and parking areas shall be surfaced with a dustless material.
(d) Plans for utilities and waste disposal shall be subject to approval by the Community Development Department, and all applicable requirements of the State Pollution Control Agency are complied with.
(e) Not more than 5% of the land area of the site shall be covered by buildings or structures.
(f) The locations of such use shall be at minimum 100 feet from any abutting residential use district.
(25) Repair establishments.
(a)
Outdoor storage and accessory building - major shall be prohibited.
(b) Outdoor storage shall be prohibited in the B-1, B-2 and CCD districts.
(c) No process involved in a repair operation shall produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
(26) Restaurants.
(a) For all restaurants, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:
1. The use shall require authorization through a conditional use permit.
2. Primary access from local residential streets shall be prohibited.
(b) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:
1. The outdoor portions of the restaurant shall not operate after 10:00 p.m. unless a special event permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code.
2. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
3. The outdoor portions of the restaurant shall not operate after 10:00 p.m. unless a special event permit for such events has been approved by the City Council. Such a permit supersedes the provisions of City Code.
4. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
(c) Restaurants having drive-through facilities shall require a conditional use permit and comply with the following standards:
1. All requirements for an accessory drive-through facility shall be met.
2. The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of lot.
4. Each light standard island and all islands in the parking lot landscaped or covered.
5. Parking areas shall be screened from view of abutting residential districts in compliance with § 153.060(F).
6. Vehicular access points shall be limited, shall create a minimum of conflict with through traffic movements, and shall be subject to the approval of the Community Development Department.
7. If in the CCD District, the following standards shall also apply:
a. The design of the site promotes pedestrian access adjacent to and along the property.
b. Site lighting shall utilize fixtures similar in style to that designated by the city for use in public areas of the “CCD” district.
c. The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission.
d. Drive through facilities comply with the requirements of § 153.092(D)(14).
e.
The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and as detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
(27) Retail commercial uses (other).
(a)
If the retail sales includes consignment sales, the following standards shall apply:
1. No auctions shall take place on the premises.
2. There shall be no outside storage.
(28) Specialty eating establishments.
(a)
Drive through service shall be reviewed through the conditional use permit process and shall be located to the side or rear of the building whenever feasible.
(b) For all specialty eating establishments, if the establishment (building) or outdoor seating area is located within 300 feet of a residential zoning district, the following standards shall apply:
1. The use shall require authorization through a conditional use permit.
(c) Restaurants having outdoor seating (including, but not limited to, seating for dining or listening to live or recorded acoustic or amplified entertainment outside of the building) shall comply with the following standards:
1. The outdoor portions of the restaurant shall not operate after 10:00 p.m.
2. The outdoor seating area shall not obstruct the movement of pedestrians along sidewalks or through areas intended for public use.
(d) In addition to the above requirements, if in the CCD, the following conditions shall apply:
1. Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
2. Site planning shall maximize building exposure to the street.
3. Drive-through facilities shall be located to minimize their exposure to the street.
4. Accessory structures, including canopies, menu boards, pay windows, and other structures supporting drive-through functions shall be constructed of materials to match those of the principal building.
5. Site planning shall be designed to emphasize connections to pedestrian facilities.
(29) Vehicle fuel sales.
(a)
Regardless of whether the dispensing, sale, or offering for sale of vehicle fuels including gasoline, diesel, natural gas, or other petroleum fuels and oils, electric charging stations of more than two such stations, hydrogen, or any other fuel intended to power motor vehicles of any sort is the principal use of the property or is accessory to the conduct of the use or business, the standards and requirements imposed by this chapter for vehicle fuel sales shall apply. These standards and requirements are, however, in addition to other requirements which are imposed for other uses of the property.
(b) A principal building is required wherever fuel pumps are to be installed, which square footage shall be a minimum of 10% of the total lot area.
(c) If the facility is in a Business Zoning District and/or associated with a business use in another district, such as a PUD district, the dispensing of such fuels shall be associated with a principal building accessible to the public, in which retail transactions of such fuels and/or other goods may occur.
(d) Wherever fuel pumps are to be installed, pump islands shall be installed.
(e) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.
(f) Provisions are made to control and reduce noise.
(g) If in the CCD District, the following standards shall also apply:
1. The design of the site promotes pedestrian access adjacent to and along the property.
2. No more than two curb cuts of 24 feet in width or less shall be permitted.
3. Site lighting shall utilize fixtures similar in style to that designated by the city for use in public areas of the “CCD” district.
4. The building, site, and signage meet the standards for the “CCD” district and design review is conducted by the Planning Commission.
5. The proposed use demonstrates compatibility and consistency with the City’s Comprehensive Plan and as detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
(g) Electric vehicle charging facilities of more than two charging stations may be permitted in any zoning district on parcels on which a public use or building is also present. Such use shall require authorization through conditional use permit and subject to all provisions of § 153.091(E)(29).
(30) Vehicle sales or rental.
(a) The minimum building size for any vehicle sales or rental use shall comply with the standards in Table 5-3.
Parcel Size | Lot Coverage Percent* | Minimum Building Size* |
Less than 2 acres | 5% | 2,500 sq. ft. |
2 acres to less than 4 acres | 7% | 10,000 sq. ft. |
4 acres to less than 8 acres | 9% | 20,000 sq. ft. |
8 acres or more | 9% | 40,000 sq. ft. |
*Whichever requires the larger building | ||
(b) When abutting a residential use, the property shall be screened with an opaque buffer (Table 4-2, Buffer Type “D”) in accordance with § 153.060(G).
(c) All lighting shall be in compliance with § 153.063.
(d) The outside sales and display area shall be hard surfaced.
(e) The outside sales and display area does not utilize parking spaces which are required for conformance with this chapter.
(f) Vehicular access points shall create a minimum of conflict with through traffic movement and shall be subject to the approval of the Community Development Department.
(g)
There is a minimum lot area of 22,500 square feet and minimum lot dimensions of 150 feet by 130 feet.
(h) A drainage system subject to the approval of the Community Development Department shall be installed.
(31) Veterinary facilities.
(a) Treatment shall be limited to small household pets unless the facility is conditionally permitted as a rural veterinary facility.
(b) In the CCD district, animals shall only be housed overnight if they are undergoing medical treatment or observation. Overnight boarding for non-medical reasons shall be prohibited.
(c) The site shall be designed to prevent animal waste from being exposed to stormwater or entering the stormwater system, streams, lakes, or conveyances. If an area is provided for animals walking, it shall not be exposed to stormwater and the waste shall immediately be picked up and disposed of properly.
(d) Animals shall not be kept outdoors or be allowed to remain outside unsupervised.
(e) All animals must be leashed.
(f) No outside storage of carcasses.
(g) The facility shall be subject to an annual inspection by a City Health Officer at owner's expense.
(h) In the CCD, F-1 sub-district, the following additional standards shall apply:
1. Building architecture shall be designed to reflect retail street-level architecture as defined in the City’s Comprehensive Plan, and detailed in the Comprehensive Plan Amendment entitled “Downtown Monticello Small Area Plan.”
2. Street level floor planning designed to accommodate use by or conversion to future use as retail uses.
3. Overnight animal boarding shall only be allowed as an accessory use to clinic services, and shall be situated so as to prohibit exposure, noise, or other nuisance conditions.
(32) Retail service.
(a) Repair of all goods shall occur within an enclosed building.
(b) Outdoor sales and display shall be conducted in accordance with this chapter.
(c) Off-street loading and delivery shall be in accordance with this chapter and shall not reduce the required off-street parking required for the site and use.
(d) Outdoor storage shall be prohibited.
(e) No process involved in a service operation shall produce noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties.
(f) If adjacent to a residential property, the use shall require installation of a buffer yard in accordance with this chapter.
(F) Regulations for industrial uses.
(1) Automobile repair - major.
(a) Door opening to service area garage must not face street frontage.
(b) Vehicle storage area limited to 50% of floor space of the structure housing the auto body shop.
(c) All vehicles being serviced and all vehicle parts must be stored inside or in vehicle storage area.
(d) Vehicle storage area shall be enclosed by enclosure intended to screen the view of vehicles in storage from the outside. Enclosure shall consist of a six-foot high, 100% opaque fence designed to blend with the auto body shop structure and consisting of materials treated to resist discoloration.
(e) The floor of the vehicle storage area shall consist of asphalt or concrete paving.
(f) All work on vehicles or vehicle parts shall be conducted within an enclosed building.
(g)
No conditional use permit shall be granted for an auto body shop located within 600 feet of a residential zone existing at the time the conditional use permit is granted.
(2) Bulk fuel sales and storage.
(a) Gas storage shall be limited to quantities not exceeding 500,000 cubic feet and not located within 100 feet from any lot line.
(b) Gas storage with quantities not exceeding 200 cubic feet, if the pressure is greater than 100 pounds per square inch, shall not be located within 50 feet of any lot line.
(3) Commercial self-storage facilities.
(a) Site layout.
1. The minimum lot area shall be at least two acres.
2. If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings.
(b) Operation.
1. The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.
2. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.
3. No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building’s design.
4. Except as otherwise authorized in this division, all property stored on the site shall be enclosed entirely within enclosed buildings.
5. If buildings or driving lanes are within 200 feet of a residential dwelling, the hours of public access to the self-storage use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.
(c) Parking and circulation.
1. The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.
2. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.
3. All access ways shall be paved with asphalt, concrete, or comparable paving materials.
(d) Building appearance.
1. Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.
2. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft, and shall be provided in accordance with § 153.063, Exterior Lighting.
3. The exterior facades of all structures facing a public street shall adhere to § 153.070, Building Materials.
4. Windows may not exceed 20% of any street-facing façade and shall not be reflective.
5. A maximum of two colors (excluding roof colors) shall be used on wall facades visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use.
6. Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material.
7. All mechanical equipment and dumpsters shall be fully screened from off-site views.
(e) Fencing. All areas adjacent to a street frontage not occupied by a building shall include fencing designed in accordance with the following standards:
1. Fences shall be no shorter than six feet or taller than eight feet.
2. Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted or vinyl coated with colors that complement the buildings.
3. Chain link fencing is prohibited except where the use abuts lots with a business zoning designation, but in no instance shall chain link fencing be visible from a public street.
4. Metal fences shall include brick pilasters or supports located with consistent on-center spacing.
5. Wooden or chain link entry gates into the use are prohibited.
(4) Contractors yard – temporary.
(a) Temporary contractor's yards shall be allowed only by interim use permit, subject to the standards of § 153.028(E).
(b) Temporary contractor's yards shall be accommodated only in association with the construction of public infrastructure projects on public property, rights-of-way, or public easements.
(c) Temporary contractor's yards shall be located only on property directly abutting a state or federal highway, and shall minimize use of local streets.
(d) Such yards shall provide haul routes for approval by the City Engineer.
(e) Such yards shall provide adequate securities, as determined by the City Council, for the restoration of any municipal infrastructure damaged due to the operation of the yard.
(f) Such yards shall provide, as a condition of their permit, for adequate stormwater management, dust control, traffic control, and other requirements of the City Engineer.
(g) Interim use permits for temporary contractor's yards shall include a restoration plan ensuring the restoration of the property to a condition meeting the zoning and nuisance standards of the city.
(5) Extraction of materials.
(a)
All regulations in this chapter shall be met.
(b) Plans shall be provided to illustrate how the land will be left in a useable condition upon cessation of extraction activities, shall prove that the finished grade will not adversely affect the surrounding land or future development of the site on which the mining is being conducted, and the route of trucks moving to and from the site.
(c) The interim use permit authorizing the extraction of materials shall regulate:
1. The type(s) of material being mined on the site;
2. A program for rodent control;
3. A plan for fire control and general maintenance of the site;
4. Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site;
5. A calendar of specific dates when mining operations will be conducted, including specific beginning and ending dates; and
6. The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon mining is to occur and repairing the degradation of roadways used to transport soils.
(d)
On-site sales may be allowed as part of the interim use permit subject to all conditions established by the City Council to ensure the health, safety, and welfare of those visiting the site and of surrounding property owners.
(e) For extraction of materials under this section within the B-3 and B-4 zoning districts, no such permit shall be issued except where:
1. The city has an interest in the subject property ownership;
2. The city is conducting the extraction under a contract with the fee title owner or representative; or
3. The city approves such a permit for another government agency and/or its contractor for a public project.
(f) In the B-3 and B-4 Districts, and at the city's sole discretion, the IUP under this section may include screening, concrete mixing, asphalt plant operation, or other activities utilizing the raw materials being extracted from the site, provided the city finds that no adverse impact on adjoining property use will occur, including, but not limited to, noise, odors, dust, or other particulate matter.
(g) For the purposes of this section, mining or excavation shall mean solely the removal of minerals, including sand, stone, clay, gravel, or soil in quantities of more than 100 cubic yards, and hauling of said materials from the site. For quantities of less than 100 cubic yards, or for projects that extract and relocate the materials on the same project site regardless of quantity, administrative grading permits may be issued without need for an IUP.
(6) General warehousing.
(a) The use shall be located at least 500 feet from any residential district, school, or day care center.
(b) The use shall not locate storage areas within a required setback or perimeter buffer.
(c) The use shall locate outdoor storage areas to the rear of the principal structure. All such outdoor storage shall be screened from view of adjacent properties in conformance with the requirements of § 153.060(I).
(d) The use shall be designed to ensure proper functioning of the site as related to vehicle stacking, circulation, and turning movements.
(e) The use shall have direct access onto an arterial or collector roadway.
(7) Heavy manufacturing.
(a) The use shall be located at least 500 feet from any residential district, school, or day care center.
(b) The use shall locate outdoor storage areas to the rear of the principal structure and be screened with a fence or wall in accordance with § 153.060(I). The height of materials and equipment stored shall not exceed the height of the screening fence or wall.
(c) The use shall be designed to ensure property functioning of the on-site transportation circulation system.
(d) The use shall have direct access onto an arterial or collector roadway.
(8) Industrial services.
(a) The entire site other than that taken up by a building, structure, or plantings shall be paved.
(b) A drainage system subject to the approval of the Community Development Department shall be installed.
(c) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 153.063.
(e) Parking or car magazine storage space shall be screened from view of abutting properties and the public right of way in compliance with § 153.060(F).
(f) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.
(g) Provisions are made to control and reduce noise.
(h) No outside storage except as permitted or conditionally permitted in compliance with § 153.092(D)(26).
(i) If the business requires the use of large commercial vehicles or other large machinery, a specific area shall be designated for the exterior storage of the vehicles and equipment.
(9) Industrial self-storage facilities.
(a) Such facilities shall occupy no less than 2,000 square feet per individual storage unit in any complex or building.
(b) All individual units shall have overhead door access and service access separate from other units, and no common access shall be permitted.
(c) Such use shall be authorized by conditional use permit.
(d) Site layout:
1. The minimum lot area shall be at least two acres.
2. If separate buildings are constructed, there shall be a minimum separation of ten feet between buildings.
(e) Operation:
1. The only commercial uses permitted on-site shall be the rental of storage bays and the pickup and deposit of goods or property in cold storage. Storage bays shall not be used to manufacture, fabricate, or process goods, to service or repair vehicles, small engines or electrical equipment, or conduct similar repair activities, to conduct garage sales or retail sales of any kind, or to conduct any other commercial or industrial activity on the site.
2. Individual storage bays or private postal boxes within a self-service storage facility use shall not be considered premises for the purpose of assigning a legal address.
3. No more than one security or caretaker quarters may be developed on the site, and shall be integrated into the building’s design.
4. Except as otherwise authorized in this division, all property stored on the site shall be enclosed entirely within enclosed buildings.
5. If buildings or driving lanes are within 200 feet of a residential dwelling, the hours of public access to the self-storage use shall be restricted to the hours between 6:00 a.m. and 10:00 p.m.
(f) Parking and circulation.
1. The one- or two-way traffic flow patterns in aisleways shall be clearly marked. Marking shall consist, at a minimum, of standard directional signage and painted lane markings with arrows.
2. Appropriate access and circulation by vehicles and emergency equipment shall be ensured through the design of internal turning radii of aisleways.
3. All access ways shall be paved with asphalt, concrete, or comparable paving materials.
(g) Building appearance.
1. Garage doors serving individual storage units shall be perpendicular to a public or private street so as to not be visible from adjacent streets.
2. Outdoor lighting shall be the minimum necessary to discourage vandalism and theft, and shall be provided in accordance with § 153.063, Exterior Lighting.
3. The exterior facades of all structures facing a public street shall adhere to § 153.070, Building Materials.
4. Windows may not exceed 20% of any street-facing façade and shall not be reflective.
5. A maximum of two colors (excluding roof colors) shall be used on wall facades visible from off-site areas. Colors shall be neutral, and shall not be used to call attention to the use.
6. Perimeter or exterior walls visible from a public street or detached residential dwelling shall not include metal as a primary material.
7. All mechanical equipment and dumpsters shall be fully screened from off-site views.
(h) Fencing. All areas adjacent to a street frontage not occupied by a building shall include fencing designed in accordance with the following standards:
1. Fences shall be no shorter than six feet or taller than eight feet.
2. Fencing shall be masonry, wrought iron, steel, or aluminum and shall be painted or vinyl coated with colors that complement the buildings.
3. Chain link fencing is prohibited except where the use abuts lots with a business zoning designation, but in no instance shall chain link fencing be visible from a public street.
4. Metal fences shall include brick pilasters or supports located with consistent on-center spacing.
5. Wooden or chain link entry gates into the use are prohibited.
(i) Open storage. Open storage of recreational vehicles and travel trailers of the type customarily maintained by persons for their personal use shall be permitted within a self-service storage facility use, provided that the following standards are met:
1. No outdoor storage shall be visible from off-site views.
2. The storage shall occur only within a designated area, which shall be clearly delineated.
3. The size of the storage area shall not exceed 25% of the buildable area of the site.
4. Outdoor storage areas shall be located to the rear of the principal structure and be screened with a wooden fence or masonry wall at least eight feet high.
5. Storage shall not occur within the areas set aside for minimum building setbacks.
6. No dry stacking of boats shall be permitted on-site.
7. Vehicles shall be allowed on the premises for storage only.
(10) Land reclamation. The conditional use permit authorizing land reclamation shall regulate:
(a) A finished grade plan which will not adversely affect the adjacent land;
(b) The type of fill permitted;
(c) A program for rodent control;
(d) A plan for fire control and general maintenance of the site;
(e) Controls for vehicular ingress and egress, and for control of material disbursed from wind or hauling of material to or from the site;
(f) A calendar of specific dates when land reclamation operations will be conducted, including specific beginning and ending dates; and
(g) The submission of a surety by the applicant in an amount determined by the Community Development Department to be equal to 100% of the value of the cost of restoring land whereupon land reclamation is to occur and repairing the degradation of roadways used to transport soils.
(11) Light manufacturing. Light manufacturing uses may include a commercial component provided the following standards are met:
(a) The commercial component is directly related to the products being created by the light manufacturing use.
(b) The commercial component shall not exceed 30% of the gross floor area of the principal use.
(12) Machinery/trucking repair & sales and industrial services.
(a) A drainage system subject to the approval of the Community Development Department shall be installed.
(b) The lighting shall be accomplished in such a way as to have no direct source of light visible from adjacent land in residential use or from the public right-of-way and shall be in compliance with § 153.063.
(d) Parking or car magazine storage space shall be screened from view of abutting residential districts in compliance with § 153.060(F).
(e) All signing and informational or visual communication devices shall be minimized and shall be in compliance with § 153.064.
(f) Provisions are made to control and reduce noise.
(g) Any such facility shall include a principal building of no less than 30,000 square feet in floor area. The square footage shall be increased by 15% of each acre of the parcel size above five acres.
(h) Additional accessory buildings related to the principal use may be provided on the site as a part of essential operations of this use without the need for PUD approvals but shall be limited to no more than 15% of the gross square footage of the principal use. Leasing of such buildings to other business entities or operations would require the processing of a PUD per § 153.028(O).
(i) Any outdoor storage (separate from approved sales and display area) of vehicles and/or equipment awaiting repair accessory to the principal use shall be limited to an area of the site no greater than the footprint of the principal building.
(j) Any outdoor storage of vehicles and/or equipment awaiting repair, repair vehicles and/or equipment must be kept on a paved surface such as bituminous or concrete, screened from view of adjoining public rights-of-way and residentially zoned property. Such outdoor storage area must be designated on an approved site plan. Sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term durability of the paved surface.
(k) Any outdoor display of for-sale vehicles or equipment must be paved with a hard surface such as bituminous or concrete and occupy an area of the site no greater than 200% of the footprint of the principal building, not including areas dedicated to required parking and general circulation on the site. Such outdoor display area must be designated on an approved site plan.
(l) Sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term durability of the paved surface.
(m) All conditions pertaining to a specific site are subject to change when the Council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying the conditions.
(n) If the business repairs semi-trucks or other large machinery, a specific area shall be designated for the exterior storage of the things being repaired and/or other vehicles and equipment accessory and incidental to the vehicle or machinery being repaired or serviced.
(13) Production breweries and micro-distilleries. Production breweries and micro-distilleries shall be allowed as a permitted use in the I-1 and I-2 District, provided that:
(a) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended from time to time.
(b) Total production of malt liquor may not exceed 250,000 barrels annually.
(14) Production breweries and micro-distilleries with accessory taproom or cocktail room. Production breweries and micro-distilleries with accessory taproom or cocktail room shall be allowed by conditional use permit in the IBC, I-1 and I-2 Districts, provided that:
(a) The facility is located in an area that includes and/or serves commercial traffic.
(b) The facility is not located within 500 feet of a residential zoning district.
(c) The owner of the brewery qualifies for and receives a brewer license and a malt liquor wholesale license from the State of Minnesota, according to M.S. § 340A.301, as it may be amended from time to time.
(d) Total production of malt liquor may not exceed 250,000 barrels annually.
(15) Recycling and salvage center.
(a) The center shall be on a parcel with an area of at least four acres.
(b) The center shall be located at least 250 feet from any residential district, school, or day care.
(c) Except for a freestanding office, no part of the center shall be located within 25 feet of any property line, or the minimum buffer yard setbacks required in § 153.060(G), whichever requires the greater setback.
(d) All recycling activities and storage areas shall be effectively screened from view by walls, fences, or buildings. Such screening shall be designed and installed to ensure that no part of recycling activities or a storage area can be seen from rights-of-way or adjacent lots.
(e) All outdoor storage areas shall be surrounded by a solid fence or wall that is at least eight feet high, located no less than 30 feet from any public right-of-way, and located no less than 15 feet from any adjacent property.
(f) Recyclable materials shall be contained within a leak-proof bin or trailer, and not stored on the ground. In the alternative, the outdoor storage of recyclable materials may occur on the ground, provided that the ground is surfaced with a suitable material acceptable to the city to control dust and drainage in a manner that is consistent with the city’s stormwater management requirements, and is fenced and screened to ensure that no storage is taller in elevation than the height of the screening.
(g) The facility shall at all times comply with the terms of the MCPA permitting for the site, and shall promptly comply with any order of mitigation or correction issued by the MPCA when an inconsistency or violation is found. The city may require additional improvements to protect the city’s stormwater management system resulting from operation of the facility, including but not limited to, additional stormwater treatment, reporting, and notifications as appropriate.
(h) There shall be no collection or storage of biodegradable wastes (as defined by the PCA) on the site. The storage of hazardous wastes shall be, at all times, found to be in compliance with the requirements and permitting of the MPCA as applicable to the site and the material in question.
(i) Space shall be provided to park each commercial vehicle operated by the center.
(j) The facility shall be administered by on-site persons during the hours the facility is open.
(k) The site shall be maintained free of fluids, odors, litter, rubbish, and any other non-recyclable materials. The site shall be cleaned of debris on a daily basis and shall be secured from unauthorized entry and removal of materials when attendants are not present.
(l) Noise levels shall be controlled in accordance with § 153.091(A)(2)(e).
(m) Signage shall include the name and phone number of the facility operator and indicate any materials not accepted by the center.
(n) Access to the center shall be from a collector or arterial street.
(o) No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on abutting properties.
(16) Truck or freight terminal.
(a) The architectural appearance and functional plan of the building and site shall not be so dissimilar to the existing, conforming buildings or areas as to cause impairment in property values or constitute a blighting influence within the district in which the proposed use is located.
(b) Parking areas shall be screened from view of abutting residential districts and public streets in compliance with § 153.060(I). Trucks and trailers stored on the site shall be screened from adjoining residential areas and public streets with a combination of trees, shrubs, and fencing to ensure that no view of the trailers is possible from abutting residential property to a height of no less than 12 feet.
(c) The entire site, other than that taken up by a building, structure, or plantings, must be paved with a hard surface such as bituminous or concrete sites utilizing heavy equipment shall rely on reinforced concrete to ensure long-term durability of the paved surface. All surfaces shall be developed with a stormwater management system approved by the City Engineer.
(d) The site shall meet minimum lot dimension requirements of the District.
(e) No outside storage except as permitted or conditionally permitted in compliance with § 153.092(D)(26).
(f) Parking areas accessible to the public, including customers and employees shall be paved.
(g) No more than 6,000 square feet of the site shall be devoted to the storage, parking, and/or circulation of semi-tractors and trailers, as illustrated on a site plan submitted in connection with an application for a conditional use permit.
(h) All service activities shall occur within the principal building or approved accessory buildings.
(17) Waste disposal and incineration.
(a) Disposal must be in accordance with Minnesota Pollution Control Agency regulations.
(b) The facility must secure applicable local, county, state, and/or federal permits.
(18) Wrecker services.
(a) No portion of any salvage yard or junkyard shall be located within 500 feet of any residence district.
(b) All outside storage in such yards shall be enclosed by a sight-obscuring fence of at least eight feet in height, which fence and the materials used to construct it shall be approved of by the city.
(c) No vehicles or junk shall be dismantled or stored within the 100-year floodplain.
(d) Upon receiving a motor vehicle which will not be repaired, the battery shall be removed and the engine lubricant, transmission fluid, brake fluid and engine coolant shall be drained into watertight, covered containers and shall be recycled or disposed of according to all applicable federal and state laws, rules, and regulations. No discharge of any fluids from any motor vehicle shall be permitted into or onto the ground.
(e) To reduce noise, all dismantling of motor vehicles shall take place during timeframes deemed reasonable by the city.
(f) No vehicle or junk shall be dismantled or stored within 300 feet of any water body or inland wetland, regardless of size.
(g) No vehicles or junk shall be stored within 300 feet from the property line of any school, church, public playground, public park or cemetery or within ordinary view from the public facility.
(h) No vehicles or junk shall be dismantled or stored within 300 feet of a well that serves as a public or private water supply unless such well serves the business.
(i) No vehicles, junk or parts of other items shall be stored closer than 100 feet of any property line.
(Ord. 762, passed 8-23-2021; Ord. 771, passed 2-28-2022; Ord. 780, passed 7-25-2022; Ord. 791, passed 11-14-2022; Ord. 797, passed 2-13-2023; Ord. 799, passed 2-27-2023; Ord. 804, passed 8-14-2023)