6 Code Amendments Chapter 20MEMORANDUM
TO:
Planning Commission
FROM: Angela Auseth, Planning Intern
DATE: April 1, 2003
SUB J:
Code Amendments, Chapter 20, Conditional Use Permit Criteria
As part of the Chapter 20 revision staff noticed conditional uses permitted in zoning
districts that lack conditional use criteria in Division 2 Conditional Use Permits. Staff
has been working to develop criteria for these specific uses. In developing criteria staff
has researched other communities, the internet, as well as internal resources.
Attached are additions to chapter 20, Conditional Use Permits. We will be discussing
these items related to the conditional use permits ordinance at the Planning Commission
meeting, April 1, 2003. Please bring your code book to review the changes in relation to
the rest of the chapter. The intent of the discussion is to provide clarification of
additional criteria for conditional uses permitted in zoning districts that are lacking.
Staff is recommending the addition of following criteria to Chapter 20, Division 2. Staff
is looking to the Planning Commission to review the following criteria and provide
comments, suggestions, and any other input for additional criteria. Staff would also like
the Planning Commissions direction for further research regarding the additional criteria.
If you have any questions Or need additional information, please contact me at (952) 227-
1132.
Cemetery-
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C-A2: (See chapter 8)
The minimum lot size for a cemetery shall not be less than 1 Acre.
Headstone and markers shall be of natural stone.
Maximum height of a headstone shall not exceed three (3) feet in height above
ground level, two (2) feet six (6) inches in width and six (6) inches in
thickness An apron of at least four inches in width shall be placed around said
marker or monument at a depth so as to assure no settling or movement of the
marker or monument, which shall be made of concrete, which apron shall also
be level with the surface of the ground, and which shall b affixed to the
marker so as too prevent grass, weeds, or other vegetation from growing
between the marker and apron.
Installation of markers and monuments shall be provided adequate planking to
protect turf and shall remove materials, equipment and refuse immediately
upon completion of work.
Ground water testing shall be done to determine high water table and springs
located on the site.
Sufficient maintenance and perpetual care funds shall be in place.
Cemetery hours shall be from sunrise to sunset.
A fence shall be erected along the perimeter of the site.
The site shall contain a minimum of 10 parking spaces.
Access to the cemetery shall be by means of a collector or arterial roadway.
Mausoleums: maximum size/height 20 feet must maintain district setbacks.
*The intent of the city is to regulate the activity, uniformity, and appearance of future
cemetery development that may enter the city. This information is based off Chapter 8
regarding the Chanhassen Pioneer Cemetery as well as the City of Apple Valley
municipal code.
Churches- I-BN, I-BH, I-CBD, I-BG, I-BF, I-IOP: 20-258 (1)
1. The temporary site shall not exceed 200 adult members.
*The intent of the city is to regulate the number and size of temporary churches
throughout the city in its business districts.
Concrete Mixing Plant- I-IOP:
1. Storage of material shall be contained within screened storage yards.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in
this chapter.
2. Hours of operation shall be 7-6 Mon-Fri, 9-5 Sat, closed holidays and
Sundays.
3. The site shall have access by means of a collector or arterial roadway.
4. An environmental impact statement may be required by the planning
commission or city council regarding environmental performance standards
and design criteria related to:
(a) air pollution,
(b) fire and explosion hazards,
Conditional Use Permit Criteria 1
(c) radiation hazards,
(d) electromagnetic radiation and interference hazards,
(e) liquid, gas and solid wastes hazards,
(f) noise standards,
(g) vibration standards,
(h) water quality and
(i) others as may be requested by the city.
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to regulate the environmental impacts
of the industrial facility and to ensure the health and safety of its residents.
Contracting Yard- C-IOP: 1. Equipment and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
2. Vehicles/Equipment shall be stored within an enclosed or screened area.
3. No unlicensed or inoperable vehicle/equipment shall be stored on premises.
4. All chemicals shall be stored in proper storage facilities, specified by OSHA
regulations.
5. The contractor shall be Licensed, Bonded and Insured
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to ensure the aesthetics appearance of
the city and to ensure the health and safety of its residents.
Equipment Rental- C-BG: 1. Equipment storage must be screened or enclosed. Screening shall comply
with Buffer Yard D and F4 Fencing as specified in this chapter.
2. No outdoor loud speaker system shall be permitted.
3. Equipment may be display during business hours only.
4. Displays may not occupy required parking spaces.
5. Displays may be located in designated display areas approved by the city.
*All landscaping shall comply with this chapter, Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to ensure the aesthetics appearance of
the city and reduce the amount of clutter located on an individual site.
Farmer's Market- I-BH, I-CBD, I-OI: 1. Hours shall be from sunrise to sunset Saturday and Sunday.
2. Applicant must provide trash receptacles and screened dumpsters. Large
dumpsters must be picked up the day following the close of the farmers
market, a minimum of once per week.
3. The site shall be maintained and cleaned up on a nightly basis to eliminate
debris or rodent activity.
4. The site must be accessible via a collector or an arterial roadway.
Conditional Use Permit Criteria 2
*The intent of the city is to include a farmers market during the growing season and to
ensure the aesthetics of the downtown districts. Staff will work on revising. Signage to
include the entire growing season f or farmers market.
Food Processing- C-IOP:
1. The site must have access via a collector or arterial roadway.
2. All loading docks must be screened with berming, landscaping, or other
structures.
3. Truck parking is permitted on-site only in designated truck parking areas,
parking must be screened.
4.Compliance plan must be submitted to the city including:
a. An inventory of potential or identified odor emission point sources
associated with the industry or source
b. An engineering quality plan detailing best available control
technologies and appurtenances designed to eliminate or achieve the
maximum reduction of odor pollution from an emission point source
inclusive of but not necessarily limited to certain processes,
procedures, or operating methods intended to mitigate or control odor
pollution.
c. A detailed explanation of the specifications and operating parameters
of the best available control technologies, monitoring instrumentation
and equipment, and processes and procedures intended for the
mitigation or control of odor pollution.
d. A specification of the documentation that will be made available for
the city's review which will verify the data produced by the monitoring
equipment, and which will verify that processes and procedures are
conducted consistent with the specifications in the facility's odor
control study and plan.
e. An approved schedule which states, in a time certain manner, the
implementation and installation of the best available control
technology, processes, procedures, operating methods, and monitoring
instrumentation designed to mitigate or control odors at the facility
inclusive of an approved completion date.
f. An acknowledgment of the authority of the city and its agents to enter
into the facility or its property in order to investigate complaints and to
verify the facility's adherence to the compliance plan.
g. An odor hotline shall be established by the applicant/owner/lessee to
receive all complaints relating to odor pollution.
h. Records of such complaints shall be maintained. The records shall
include names and addresses of callers, times and dates of calls and
descriptions of odor nuisances.
i. Upon receipt of ten calls or more within a six-hour period relating to a
single odor description, an alert condition shall be deemed to exist.
The applicant/owner/lessee or designated persons shall immediately
inform the city of all known details regarding the odor complained of.
Conditional Use Permit Criteria 3
j. The odor hotline shall provide a biannual report of all data generated
to the city manager for report to the city council.
k. The applicant/owner/lessee shall provide information regarding the
odor hotline number shall be mailed to all city residents within 20 feet
of the processing plant each year.
*The intent of the city is to permit food processing plants within the city limits as well as
regulate the aesthetics, environmental, and odor impacts on the neighboring residents.
Most of this information was gathered from the City of Des Moines, Iowa municipal code.
Garden Center- C-BH:
1. Storage of equipment and landscaping materials shall comply with a minimum
F3 fence; as specified in this chapter.
2. A loud speaker system is prohibited.
3. Blower, heating system for the nursery must be shielded or muffled from
public view and audibility.
4. All chemicals must be stored/used as specified by OSHA regulations.
5. Displays may not occupy more than 2~% of the site; this includes but is not
limited to plant material and gazebos.
6. Displays may not occupy required parking spaces.
7.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of the city is to ensure the health and
safety of its residents as well as reduce the amount of materials displayed on a single site.
Staff has suggested 20% of site area for display as a starting point. This number may be
too little or too much. We are open to suggestions.
Golf Course- C-A2:
1. Hours of operation shall be from sunrise to sunset
2. Soil must be tested to determine fertilizing requirements. If necessary, the
applicant/owner/lessee shall use slow release fertilizers applied at low rates or
only as needed, use natural organic fertilizers whenever possible. The use of
fertilizers shall be prohibited within the flood plain.
3. The applicant/owner/lessee shall apply pesticides only when needed. Use
products that are most effective, target specific, and present the least hazards
to people, wildlife, and the environment.
4. The applicant/owner/lessee shall apply for and obtain permits from the
appropriate regulatory agencies, i.e. Minnesota Pollution Control Agency,
Minnesota Department of Natural Resources, Army Corps of Engineers and
Minnesota Department of Transportation and comply with their conditions of
approval.
5. Annual reports of fertilizer use shall be provided to the city.
6. A clubhouse may be permitted on the site. The clubhouse must be shown on
the site plan.
7. A retail pro shop is permitted within the clubhouse. No more than 20% of one
floor. Retail sales are limited to food, beverages, and golf related items.
Conditional Use Permit Criteria 4
8. All maintenance and other equipment must be kept in a screened storage area.
9. The golf course must be to accessed from a collector or arterial roadway.
10. Provision of site design to minimize golf ball hazards.
*The intent of the city is to provide criteria for golf courses in the A-2 district along with
the criteria in the "Golf Driving Range" criteria in Division 2 Conditional Use Permits
Agricultural and Residential Districts section of this chapter Section 20-265.
Home Improvement Trade- C-IOP: 1. All equipment and material shall be stored in a screened or enclosed area.
Screening shall comply with Buffer Yard D and F4 Fencing as specified in
this chapter.
2. Hours shall be 7-6 Mon-Fri, 9-5 Sat.
3. A loud speaker system is prohibited.
4. A list of chemicals and pollutants used on site must be provided as part of the
site plan review.
5. All chemicals shall be stored/used as specified by OSHA regulations.
6. Outdoor assembly and/or building construction is prohibited on site.
*All landscaping shall comply with this chapter Article XXV Landscaping and Tree
Removal section 20-1176. The intent of the city is to regulate the aesthetics and safety of
its residents.
Hotel- C-IOP'. 1. The site must be accessed via a collector or an arterial roadway.
2. The site shall have a covered entrance and a separated drop off area, which
may not block the drive isle.
*The intent of the city is to provide guidelines to ensure adequate circulation to the
structure.
Lumber Yard- C-IOP:
1. Material and supply storage must be screened or enclosed. Screening shall
comply with Buffer Yard D and F4 Fencing as specified in this chapter.
2. A loud speaker system is prohibited.
3. The site must be accessible via a collector or arterial roadway.
4. All waste material shall be disposed of by owner or lessee.
5. Recycling of materials must be provided.
6.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of the city is to ensure the aesthetics and
environmental impacts of this site.
Conditional Use Permit Criteria 5
Major Auto Repair & Body Shops- C-BG:
1. No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
2. All repair, assembly, disassembly and maintenance of vehicles shall occur
within closed building except minor maintenance including, but not limited to,
tire inflation, adding oil and wiper replacement.
3. No public address system.
4. No sales, storage or display of used automobiles or other vehicles such as
motorcycles, snowmobiles, or all-terrain vehicles.
Disposal of vehicle fluids shall comply with PCA regulations.
Facilities for the collection of waste oil must be provided.
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*The intent of the city is to regulate the intended activity of this site and reduce any
unnecessary visual or audible nuisances to neighboring properties. As well as ensure the
proper disposal of waste materials.
Mineral Extraction- I-A2: 1. Hours shall be 7am to 6 pm Mon-Fri, 9-5 Sat; no hours of operation on
Sundays or holidays.
2. A restoration plan shall be provided as part of the site plan review process.
3. Storm water management plans shall be provided as part of the site plan
review process. Plans shall be submitted with site plan prior to council
meeting
4. The site must be accessible via an arterial or collector roadway.
5. Explosives? (Mark)
6. Road restoration security deposit must be submitted to the city.
*The intent of the city is to ensure the health and safety of its residents as well as the
restoration of such property.
Mobile/Manufactured Homes- I-A1, I-A2:
1. All mobile or manufactured homes must comply with Sec. 20-905 of this
chapter.
2. Mobile or manufactured homes must provide skirting completely along the
bottom portion of the unit.
3. Mobility of the unit is prohibited; the unit must sit on a permanent foundation.
4.
*The intent of the city is to ensure the aesthetic appearance of the city.
Model Home- I-R12, C-R16: 1. This criterion applies only to dwelling units which are converted into office
space on a temporary basis, removal following occupancy, or leasing of 90%
of the units or 3 years after opening of development.
2. 5 parking spaces shall be provided.
3. Lighting shall be provided to ensure safety.
Conditional Use Permit Criteria 6
4. The structure must be located within 150-feet of a paved road surface (ie.
bituminous or concrete roadway).
*The intent of the city is to allow temporary real estate office space within a dwelling unit
in a development for the sale of new homes. For apartments, there will generally be a
sales or rental office. This would apply to townhouses and condominiums.
Motel- C-IOP:
1. Parking: shall be located in the interior/behind building.
2. Access is limited by means of a collector or arterial roadway.
3. Height of structure shall be limited two stories/30 feet.
4.
*The intent of the city is to provide guidelines to ensure adequate circulation to the
structure.
Motor Freight Terminal- C-IOP: 1. Access shall be limited to a collector or arterial roadway.
2. Trailer storage shall be screened; screening shall comply with Buffer Yard D
and F4 Fencing as specified in this chapter.
3. Loading docks must be located away from or screened from public view.
4. Sufficient parking shall be provided on site to prevent on-street parking of
trucks.
5. Trailer parking shall be provided on-site.
*All landscaping and screening shall comply with this chapter, Article XXV Landscaping
and Tree Removal section 20-1176. The intent of this chapter is to ensure the aesthetic
appearance of the city, while providing adequate access to the site.
Outdoor Health & Recreation Club-C-IOP:
1. Hours shall be from: 7am to 9 pm.
2. Outdoor drinking fountain must be provided on site.
3. Bathroom facility (Steve-#, ratios?)
4. Parking: Amend 20-1124 (2p) for number of spaces per ball field, soccer field
i.e. 5, 10 spaces per field (Todd H.)
*The intent of the city is to provide outdoor recreational facilities to its residents while
providing adequate infrastructure.
Private Kennel- C/I-R4: See Chapter 5
1. Site must provide shelter from the elements.
2. Any enclosure must be setback 30 feet from the property line.
3. Any enclosure must be located in rear yard.
4. Must provide adequate food and water.
5. Must receive a kennel license from the city.
Conditional Use Permit Criteria 7
*The intent of the city is to provide adequate food, shelter, and water, as well as
providing regulations to ensure the welfare of neighboring properties.
Research Lab- C-IOP: 1. All chemicals and pollutants and waste must be stored, used and disposed of
according to OSHA and Hazmat regulations and standards.
2. The building must be secure from persons other than laboratory personnel.
3. No outdoor experiments that cause hazards or excessive noise or odors shall
be permitted on site.
*The intent of the city is to permit research lab facilities while ensuring the health and
safety of its residents.
Small Vehicle Sales- C-BH:
1. No unlicensed or inoperable vehicles shall be stored on premises except in
appropriately designed and screened storage areas.
2. Display during business hours only.
3. Displays must be in designated display areas, may not occupy required
parking spaces.
4. All repair, assembly, disassembly and maintenance of vehicles shall occur
within a building
5. No outdoor public address system
6. Disposal of vehicle fluids shall comply with PCA regulations. Facilities for
the collection of waste oil must be provided.
*The intent of the city is to regulate the intended activity of this site and reduce any
unnecessary visual or audible nuisances to neighboring properties. As well as ensure the
proper disposal of waste materials.
Supermarket- C-BN: 1. Delivery routes are limited to collector or arterial roadways and prohibited
through residential districts
2. Loading docks must be screened from public view.
3. Waste compaction equipment shall be enclosed within a building or structure.
*The intent of the city is to ensure the aesthetic appearance of the city while providing
adequate circulation for delivery and loading areas.
Temporary Classroom Structures- I-OI: See sales trailer
1. Maximum size of temporary structure shall not exceed 1~000 square feet.
2. All structures must be removed before or on permitted ending date.
3. Design Standards shall include skirting along the bottom of the structure.
4. Landscaping must be provided around structure.
5. Pedestrian access shall be provided including access in conjunction with the
principle structure.
Conditional Use Permit Criteria
*The intent of the city is to provide additional class room space while preserving the
aesthetic appearance of the structure. Staff has provided 1,000 sq. fi. as a starting point
for discussion purposes.
Temporary Outdoor Display- I-BN, I-BH, I-CBD, I-BG, I-BF: Change to Accessory
Use Temp Sales
1. Display must be located adjacent to primary structure.
2. Display may not have separate lighting from primary structure.
3. Display may not interfere with pedestrian access.
4. Display may not occupy required parking spaces.
5. Maximum display height shall be __ feet.
6. Erection of Display is permitted during business hours only
*The intent of the city is to allow outdoor displays for business while providing
guidelines to ensure the aesthetic appearance of the city. Staff is uncertain if size and/or
height restrictions should be imposed. You're comments regarding this issue would be
greatly appreciated.
Conditional Use Permit Criteria 9