HomeMy WebLinkAboutPL PACKET 12212021CITY OF SAINT ANTHONY VILLAGE
PLANNING COMMISSION MEETING AGENDA
Tuesday, December 21, 2022 at 7:00PM
Join Meeting via Zoom
There is also a dial -in option available. Members of the public who wish to attend the
meeting may do so in person.
Call To Order
Pledge Of Allegiance
Roll Call
Approval Of Agenda
Approval Of Minutes
Approval Of PC Meeting Minutes
PC 11.16.2021.PDF
Public Hearing
Conditional Use Permit -3303 33rd Ave NE - St. Anthony High School - Dynamic
Display Sign
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
PRESENTATION.PDF
EXHIBIT A - LAND USE APPLICATION AND SUPPORTING MATERIALS.PDF
PUBLIC HEARING NOTICE.PDF
PUBLIC COMMENT.PDF
RESOLUTION 22 -0XX.PDF
City Code Amendment - Code Text General
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
City Code Amendment - Code Text -Swimming Pools And Refuse
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
Staff Reports
Other Business
Community Forum
Individuals may address the Planning Commission about any City business item not
included on the regular agenda. Speakers are requested to come to the podium, sign
their name and address on the form at the podium, state their name and address for the
Clerk ’s record, and limit their remarks to five minutes. Generally, the Planning
Commission will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on
an upcoming agenda.
Information And Announcments
Adjournment
If you would like to request special accommodations or alternative formats, please contact the City
Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can
contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and
safe.
I.
II.
III.
IV.
V.
A.
Documents:
VI.
A.
Documents:
B.
Documents:
C.
Documents:
VII.
VIII.
IX.
X.
XI.
CITY OF SAINT ANTHONY VILLAGEPLANNING COMMISSION MEETING AGENDATuesday, December 21, 2022 at 7:00PMJoin Meeting via ZoomThere is also a dial -in option available. Members of the public who wish to attend the meeting may do so in person. Call To OrderPledge Of AllegianceRoll CallApproval Of AgendaApproval Of MinutesApproval Of PC Meeting MinutesPC 11.16.2021.PDFPublic HearingConditional Use Permit -3303 33rd Ave NE - St. Anthony High School - Dynamic Display SignSteve Grittman, City Planner, presenting.COVER MEMO.PDFPRESENTATION.PDFEXHIBIT A - LAND USE APPLICATION AND SUPPORTING MATERIALS.PDFPUBLIC HEARING NOTICE.PDFPUBLIC COMMENT.PDFRESOLUTION 22 -0XX.PDFCity Code Amendment - Code Text GeneralSteve Grittman, City Planner, presenting.
COVER MEMO.PDF
City Code Amendment - Code Text -Swimming Pools And Refuse
Steve Grittman, City Planner, presenting.
COVER MEMO.PDF
Staff Reports
Other Business
Community Forum
Individuals may address the Planning Commission about any City business item not
included on the regular agenda. Speakers are requested to come to the podium, sign
their name and address on the form at the podium, state their name and address for the
Clerk ’s record, and limit their remarks to five minutes. Generally, the Planning
Commission will not take official action on items discussed at this time, but may
typically refer the matter to staff for a future report or direct the matter to be scheduled on
an upcoming agenda.
Information And Announcments
Adjournment
If you would like to request special accommodations or alternative formats, please contact the City
Clerk at 612 -782 -3313 or email city@savmn.com . People who are deaf or hard of hearing can
contact us by using 711 Relay.
Our Mission is to be a progressive and welcoming Village that is walkable, sustainable and
safe.
I.II.III.IV.V.A.Documents:VI.A.Documents:B.
Documents:
C.
Documents:
VII.
VIII.
IX.
X.
XI.
1 CITY OF ST. ANTHONY
2 PLANNING COMMISSION MEETING
3
4 NOVEMBER 16, 2021
5 6:30 p.m.
6
7 CALL TO ORDER.
8
9 Chair Westrick called the meeting to order at 6:30 p.m.
10
11 PLEDGE OF ALLEGIANCE.
12
13 Chair Westrick invited the Commission and the audience to join her in the Pledge of Allegiance.
14
15 ROLL CALL.
16
17 Commissioners Present:Chair Westrick, Commissioners Socha, Erickson, Kuykendall, Rude,
18 and Morita.
19
20 Absent:Commissioner Hendrickson
21
22 Also Present: City Planner Stephen Grittman, Assistant to the City Manager Nicole
23 Miller and Student Liaison Alayna Peterson.
24
25 I.APPROVAL OF THE NOVEMBER 16, 2021, PLANNING COMMISSION MEETING
26 AGENDA.
27
28 Motion by Commissioner Rude, seconded by Commissioner Socha, to approve the November
29 16, 2021, Planning Commission agenda.
30
31 Motion carried 6-0.
32
33 II.APPROVAL OF THE SEPTEMBER 19, 2021, REGULAR PLANNING COMMISSION
34 MEETING MINUTES.
35
36 Motion by Commissioner Erickson, seconded by Commissioner Morita, to approve the
37 September 19, 2021, Regular Planning Commission Meeting Minutes as presented.
38
39 Motion carried 6-0
40
41 III.PUBLIC HEARING
42
A.43 2654 Kenzie Terrace – Request for a Preliminary and Final Plat for St. Anthony
44 Bremer Addition
45
46 Chair Westrick explained how the public hearing would be held this evening.
47
48 Chair Westrick opened the public hearing at 6:36 p.m.
49
Planning Commission Regular Meeting Minutes
November 16, 2021
Page 2
1 Mr. Grittman reviewed this project consists of a plat of the development parcel for the Bremer
2 Bank project from two parcels into a single lot and dedication of right of way. The Plat, if
3 approved, would create Lot 1, Block 1, of the St. Anthony Bremer Addition. The plat is a
4 requirement of the final PUD approvals granted to the Interstate/Bremer Planned Unit
5 Development Project which will accommodate the construction of the new Bremer Bank on
6 the City’s former “bowling alley” property.
7
8 Staff has reviewed the project for land use compliance with the intent and policies of the
9 City’s Comprehensive Plan, and for zoning consistency with the Interstate-Bremer PUD as a
10 baseline. In summary, the proposed subdivision is consistent with the terms and requirements
11 of the approved Final PUD, adopted by the City Council in October of 2021.
12
13 An analysis and drawings were provided for Commission review. The Land Use Application
14 was also included.
15
16 Staff recommends approval with the following conditions:
17
1.18 Access and utility easements shall be in place to accommodate the requirements of the
19 approved PUD development plans. Proof of such easements shall be provided to the City
20 as a part of the original or amended documentation.
21
2.22 Ongoing site development issues shall be subject to comment and recommendation by the
23 City Engineer, and may be modified to ensure consistency with the intent and
24 requirements of the PUD zoning.
25
3.26 Issues related to grading, drainage, and utilities shall be subject to comment and
27 recommendation by the City Engineer.
28
4.29 The applicant enter into the PUD and/or plat development agreement with the City and
30 post all the necessary securities required by it.
31
5.32 Consideration of comments of other City Staff.
33
34 This recommendation is based on a finding that the proposal, with the conditions cited, is
35 consistent with the requirements for Plat consideration as required by the Subdivision
36 Ordinance, with the long-term objectives of the Interstate-Bremer PUD, and with the
37 recommendations and policies of the St. Anthony Comprehensive Plan.
38
39 Chair Westrick asked if the property owner would be present and Mr. Grittman stated he did
40 not hear from them as to whether they would be attending the meeting.
41
42 Chair Westrick closed the public hearing at 6:42 p.m.
43
44 Commissioner Rude mentioned he did not see the language about the dedication. Mr.
45 Grittman stated the plat drawing identifies that as Coolidge and one of the roles of the County
Planning Commission Regular Meeting Minutes
November 16, 2021
Page 3
1 Surveyor is to review the dedication sheet and determine if the language is appropriate. The
2 City relies on their recording expertise to ensure that is done properly.
3
4 Motion by Commissioner Morita, seconded by Commissioner Erickson, to recommend the
5 City Council approve the Preliminary and Final Plat for St. Anthony Bremer Addition with
6 five conditions.
7
8 Motion carried 6-0.
9
10 IV.STAFF REPORTS.
11
12 Mr. Grittman noted they had anticipated having a discussion on Commercial and Industrial
13 Land Uses but due to the other work session being held this evening, that discussion will be
14 held in December.
15
16 V.OTHER BUSINESS - NONE.
17
18 VI.COMMUNITY FORUM – NONE.
19
20 VII.INFORMATION AND ANNOUNCEMENTS
21
22 Mr. Grittman introduced Alayna Peterson as the Student Liaison to the Planning Commission.
23
24 VIII. ADJOURNMENT.
25
26 Motion by Commissioner Rude, seconded by Commissioner Socha, to adjourn the meeting at
27 6:55 p.m.
28
29 Motion carried 6-0.
30
31
32 Respectfully submitted,
33 Debbie Wolfe
34 TimeSaver Off Site Secretarial, Inc.
35
MEMORANDUM
To:St. Anthony Village Planning Commission
From:Stephen Grittman, City Planner
Date:Planning Commission Regular Meeting for December 21, 2021
NAC File No:323.01 – 21.13
Request:Request for a Conditional Use Permit for an electronic (digital display) sign
for St. Anthony Village High School at 3303 33rd Ave NE
BACKGROUND AND STAFF RECOMMENDATION
The applicant is proposing to upgrade an existing ground sign for message displays located at 3303 33rd
Ave NE. The ground sign would be located along the south side of the building, adjacent to 33rd Ave NE.
Because a portion of the sign will include an electronic digital display, the sign requires a Conditional Use
Permit pursuant to Section 155.29 of the City’s Sign Ordinance.
Based on a review of the proposed sign and the applicable regulations, Planning Staff recommends
approval of the CUP request, with conditions related to compliance with code requirements applicable
to dynamic display signs.
GENERAL INFORMATION
Applicant:St. Anthony – New Brighton Independent School District 282
Owner:St. Anthony – New Brighton Independent School District 282
Location:3303 33rd Ave NE
Existing Land Use /Institutional / Zoned: ROS – Recreation / Open Space
Zoning:
Surrounding Land North: Institutional / Zoned: ROS – Recreation / Open Space
Use / Zoning:East: Residential / Zoned: R1 – Single Family Residential
South: Residential / Zoned: R1 – Single Family Residential
West: Institutional / Zoned: ROS – Recreation / Open Space
Deadline for Agency Complete Application Date: 12-02-2021
Action:60 Days: 01-31-2022
Letter Sent:No
120 Days:04-01-22
January 11, 2021
Page 2
ANALYSIS
1.Background
The applicant proposes to upgrade ground sign at the subject property along 33rd Ave NE.
The new sign would be located approximately 22 feet 4 inches from the property line 33rd Ave NE.
The plans don’t indicate the overall height of the sign, which need to be 8 feet at most. The
Dynamic Display will be 29.4 square feet, which is less than 35% of the total allowable 150 square
feet in the ROS District.
For ground signs in the ROS, Recreation / Open Space District, the relevant requirements are as
follows:
Maximum Height: 8 feet
Setback: 15 feet from street curb
Sign Area: 150 square feet
For Dynamic Displays in the ROS District, these additional requirements are imposed:
Percentage of allowable sign area for district: 35%
Minimum duration of continuous image: 8 Seconds
January 11, 2021
Page 3
Transitions: Image changes must be instantaneous, without special effects or gradual
transitions
Messages: Must be complete with each image, not continuing in context or intent to the next
images
Color: Must be monochromatic against a solid black background
From the application submitted, it cannot be determined if the expanded sign display will cause the sign
height to exceed 8 feet. The applicant should verify that the proposed sign would not be higher than 8
feet.
Additionally, it was determined from application submitted that the background of the existing sign did
not meet the color requirements of Dynamic Displays. The color shown from multiple sources shows the
background to be blue. Lettering must be monochromatic against a solid black background.
The sign may be allowed under the CUP, if the applicant verifies that the sign will be under 8 feet in
height and the background is changed to a solid black coloring.
In summary, the proposed sign does not meet the requirements of the relevant Zoning and Sign
Ordinance requirements.
2.Applicable Code Sections.
Title XV Land Usage, Chapter 152 Zoning Code, Section 152.253 establishes the process and findings
required for consideration of Conditional Use Permits.
Title XV Land Usage, Chapter 155 Sign Code, Section §152.29 Dynamic Displays regulates the
construction and use of electronic dynamic display signs by Conditional Use Permit, and sets the
various performance standards applicable to such signs.
CONCLUSION AND RECOMMENDATION
Staff recommends approval of the requested Conditional Use Permit for an electronic dynamic display
sign at 3303 33rd Ave NE with the following conditions:
1.Applicant will submit plans showing a height of 8 feet or less.
2.Compliance with the operational standards of the code in Section 155.29, notably the
requirements for monochromatic lettering against a solid black background.
As such, planning staff recommends the following motion:
1.Motion to recommend approval of the Conditional Use Permit application for a dynamic
display sign, pursuant to findings related to compliance with the applicable city regulations,
conditioned on modifications to the sign, along with ongoing operational practices, that meet
the requirements of the sign ordinance.
ALTERNATIVE PLANNING COMMISSION ACTION
2.Motion to recommend denial of the CUP. In the event of a recommendation for denial, the
Planning Commission must state its findings related to denial on the record.
3.Request Additional Information and Table Action. A motion to table should be accompanied by
the specific information requested of staff or the developer necessary to make a
recommendation.
January 11, 2021
Page 4
ATTACHMENTS
Exhibit A:Application and Supporting Material
12/16/2021
1
PLANNING COMMISSION
DECEMBER 21, 2021
3033 33rd Ave. NE
St. Anthony High School: Dynamic Display Sign Conditional Use Permit
DYNAMIC DISPLAY CUP - SITE LOCATION
12/16/2021
2
DYNAMIC DISPLAY CUP –AERIAL PHOTO
DYNAMIC DISPLAY CUP – SIGN ILLUSTRATION
12/16/2021
3
DYNAMIC DISPLAY CUP – REVIEW SUMMARY
Code Allowance Proposed Compliant
Height 8 feet Unclear from materials TBD
Setback 15 feet from curb 22 feet+ Yes
Sign Area 34 square feet per surface,
total
29.4 square feet Yes
Sign Construction Base of Natural Materials Brick Yes
Digital Display Area 35% of total sign area 19.6% of maximum allowable
sign area
Yes
Image Duration 8 seconds (ROS District) TBD Ongoing
Color Monochrome on Black
Background
Monochrome on Blue
Background
Requires Change
Ongoing
Transition Instant Change –No
Transition
TBD Ongoing
DYNAMIC DISPLAY CUP – PLANNING COMMISSION ACTION
Motion to recommend approval of the request for CUP at 3303 33rd Ave.
NE, with the following conditions:
1.Applicant will submit plans showing a height of no more than 8 feet.
2.Compliance with the operational standards of the code in Section 155.29, notably
the requirements for a static, monochrome message of at least 8 seconds duration,a
black background, and other related requirements.
Dear Land Use Applicant:
As a part of the Land Use Permit you are seeking, you will be asked to provide funds to cover the
City’s expected costs of review and processing of your request. There are two components to this
amount.
The first is a base fee, which is a non-refundable amount. This fee covers several expenses,
including:
• The City’s costs of internal review of your application for completeness;
• Ensuring that all required materials are available to properly process your request;
• Public hearing notices which must be published in the City’s official newspaper (the Star
Tribune);
• Mailed notice to all neighboring property owners within 350 feet of your property;
• This base fee also covers a portion of the City’s costs in preparing staff reviews and reports to
the appropriate public officials who will consider and ultimately make a decision on your
request. For most applications, this includes the Planning Commission, which prepares an
advisory recommendation following a formal public hearing on the matter, and the City
Council, which makes the final decision. Other public bodies may be involved as well,
depending on the exact nature of your request.
The second component of the funds is an escrow amount, above the base fee. While the base fee
covers most of the fixed expenses, it is common that staff and consultant review will exceed the base
fee. To ensure that the costs of extraordinary review are not borne by neighbors, the City requires
the escrow from which to draw those costs.
You can minimize the amounts necessary to review your application by making sure it is complete
and clear. Properly drawn plans and thorough narrative descriptions all help to streamline the City’s
processing, which leads directly to lower costs.
Following the final decision on your application by the City Council, staff will account for costs and
review the escrow. If any funds remain, those will be refunded to you. It typically takes a couple of
months to assemble final invoices before the City’s finance department can reconcile the account.
The staff works diligently to finalize accounts as soon as possible, so please be patient. If you are
curious as to the status of your escrow, feel free to contact City Hall.
Before you begin this process, please consider a pre-application conference (by phone, email, or in
person) with City community development staff. We are ready to assist in helping you understand the
complexities of the review process, and the standards on which a potential application will be
considered. We can also advise you on the materials that will help ensure you have a complete and
clear application.
City of St. Anthony City Hall 612-782-3301
Thanks for your interest in improving your property and reinvesting in the St. Anthony Village
community.
Our Mission is to be a progressive and livable community, a walkable village, which is sustainable, safe and secure.
Address of Property Involved: _________________________________________________________________________
Property ID Number: _________________________________________________________________________________
Legal Description: ___________________________________________________________________________________
__________________________________________________________________________________________________
Applicant Information
Applicant Name: ____________________________________________________________________________________
Applicant Address: __________________________________________________________________________________
Applicant Telephone Number: ________________________________ Other: ___________________________________
Applicant Fax Number________________________________________________________________________________
Applicant Email Address: _____________________________________________________________________________
Property Information
Property Owner (if different from above):________________________________________________________________
Owner Address: _____________________________________________________________________________________
Owner Telephone Number: ___________________________________________________________________________
Owner Email Address: ________________________________________________________________________________
Type of Request (Check All that Apply)
Appeal ($500 fee + $1,500 escrow)
Comprehensive Plan Amendment ($750 fee + $1,500
escrow if residential; $3,500 escrow if
commercial/industrial)
Conditional Use Permit (CUP) ($1,000 fee+ $450 escrow if
residential; $1,500 escrow if commercial/industrial)
Easement Vacation ($200 fee + $500 escrow)
Preliminary Plat ($500 fee + $500 escrow)
Final Plat ($500 fee + $7500 escrow)
Minor Subdivision/Lot Split ($250 fee + $1,250
escrow)
Planned Unit Development (PUD) ($1,500 fee +
$2,500 escrow)
Rezoning ($750 fee + $1,500 escrow)
Zoning Text Amendment ($500 fee + $750 escrow)
Site Plan ($250 fee + $750 escrow)
Variance ($750 fee + $450 escrow if residential;
$1,500 escrow if commercial/industrial)
3301 Silver Lake Road
St. Anthony Village, Minnesota 55418
Office: (612) 782-3301
Fax: (612) 782-3302
www.savmn.com
-For Office Use Only-
Planning File Number _____________
Project Number _____________
Application Submittal Date _____________
Application Completed Date _____________
Fee Paid _____________
Receipt Number _____________
Planning Commission
Meeting Date _____________
Council Decision _____________
Council Decision Date _____________
LAND USE APPLICATION
3303 33rd Ave NE, St Anthony, MN 55418
0602923130001
St Anthony - New Brighton Independent School District 282
3303 33rd Ave NE, St Anthony, MN 55418
612-706-1105
Troy Urdahl (turdahl@isd282.org)
X
Description of the Request (OR a separate detailed narrative explaining the project):
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
__________________________________________________________________________________________________
Filing and Information Requirements
The City recommends that you contact the planner prior to submission to discuss the application process, requirements,
and deadlines.
Incomplete Applications and Submission Deadline
A complete land use application (including all required fees and escrows) must be received at least 30 days prior to the
meeting of the Planning Commission or City Council meeting at which the request will be heard. Submission of an
incomplete application may delay the processing of your land use request. The application approval time commences
and an application is considered officially filed when the City Planner has received and examined the application and
determined that the application is complete. A decision on whether the application is complete or incomplete shall be
made within fifteen (15) working days following the submittal of the application. When the application is deemed to be
“complete” it shall be placed on the agenda of the first possible Planning Commission meeting provided that all required
public notices have been sent and published. Upon submission of a complete application, state statute requires that a
decision be issued within 60 days regarding each request; however, a 60-day extension may be obtained if more time is
needed.
Notice of Meeting Attendance
In order for the Planning Commission and the City Council to consider any application, the applicant or a designated
representative must be present at the scheduled meeting. If not, the matter may be tabled until the next available
agenda.
Agenda Deadline and Meeting Schedule
Planning Commission meetings are typically held on the third Tuesday of every month at 7:00 p.m., while City Council
meetings are held typically the second and fourth Tuesday of every month at 7:00 p.m. Meeting dates and times are
subject to change so please contact City Hall to verify the meeting date and time. All meetings are held at the St.
Anthony Community Center in the Council Chambers, 3301 Silver Lake Road, St. Anthony, Minnesota 55418, unless
otherwise stated. Applications are advised that additional meetings and/or workshops are scheduled when necessary.
We are requesting to replace our exisitng dynamic display sign with a larger dynamic display sign.
We will comply with the following Dynamic Display Sign Code Requirements:
Every line of copy and graphics will be at least 7 inches in height.
The images and messages displayed will be static.
The messages will not change more often than once every 8 seconds (ROS Zoning District).
The images and messages displayed will be complete in themselves.
The messages will be monochromatic in color with a solid black background.
The dynamic display's illumination will not exceed 4,500 nits/daytime and 450 nits/night.
The transition from message to message will be instantaneous.
Acknowledgement and Signature
I acknowledge that I have read all of the information listed in the City of St. Anthony Village Land Use Application and
fully understand that I am responsible for all costs incurred by the City related to the processing of this application. If
additional fees are required to cover costs incurred from processing of the application, the City has the right to require
additional payment from one or more of the undersigned, who shall be jointly liable for such fees. Such expenses may
include (but are not limited to) direct city payroll and overhead costs, fees paid to consultants and other professionals,
and the cost of printing, mailing, and supplies. Applicants are advised that an escrow deposit is required at the time of
the submittal of the land use application to offset costs associated with the proposed project. Unused portions of an
escrow are returned to the applicant upon successful implementation of an approved plan. I understand that approval
from other agencies may be required before commencement with the stated project.
__________________________________________________ __________________________
Property Owner Signature (Required) Date
__________________________________________________ __________________________
Applicant Signature (If different than the property owner) Date
Please contact the City Planner at 763-957-1100 or
planner@savmn.com if you have any questions regarding this application.
12-02-2021
612-669-6700 ThinkDigitalSigns.com1
St Anthony Village High School
3303 33rd Avenue Northeast
St Anthony, MN 55418
Sign Permit Supporting Document_1
December –2021
612-669-6700 ThinkDigitalSigns.com2
Current Sign: 3303 33rd Ave NE
612-669-6700 ThinkDigitalSigns.com3
Proposed Sign: 3303 33rd Ave NE
612-669-6700 ThinkDigitalSigns.com4
Proposed Sign: 3303 33rd Ave NE
612-669-6700 ThinkDigitalSigns.com5
Dynamic Display Sign Code Requirements
We will comply with the following Dynamic Display Sign Code Requirements:
•Every line of copy and graphics will be at least 7 inches in height.
•The images and messages displayed will be static.
•The messages will not change more often than once every 8 seconds (ROS Zoning District).
•The transition from message to message will be instantaneous.
•The images and messages displayed will be complete in themselves.
•The messages will be monochromatic in color with a solid black background.
•The dynamic display's illumination will not exceed 4,500 nits/daytime and 450 nits/night.
NOTICE OF A PUBLIC HEARING
December 21, 2021, 7:00 p.m.
City Hall, 3301 Silver Lake Road, St. Anthony, MN 55418
Notice is hereby given that the City of Saint Anthony Village Planning Commission will hold a public
hearing to solicit public response to an amended Conditional Use Permit by St. Anthony-New Brighton
School District, to increase the size of their existing Dynamic Display Electronic Sign at the property
located at 3303 33rd Ave NE.
The Planning Commission agenda and packet item relating to this application will be made available
prior to the meeting online at www.savmn.com.
Ways to Comment:
Online
Those persons having an interest are encouraged to attend via Zoom. The link to participate via Zoom
can be found at http://www.savmn.com/Calendar.aspx?EID=1231
In Person
The public is welcome to attend in person at the City of Saint Anthony Community Center, 3301 Silver
Lake Road, in the Council Chambers at 7:00 p.m.
Written
Written comments may be taken at the St. Anthony Village City Hall, 3301 Silver Lake Road, St. Anthony
Village, Minnesota 55418 until the date of the public hearing.
Comments can also be conveyed via email, to planner@savmn.com until the date of the public hearing.
Questions?
Questions may be directed to the City Planner at 763-957-1100.
The Planning Commission will make a recommendation regarding the proposed request to the City
Council for their meeting to be held on January 11, 2022 at 7:00 p.m. at City Hall.
Steve Grittman
City Planner
-----Original Message-----
From: HAYDEN GROOMS <haydengrooms@me.com>
Sent: Monday, December 13, 2021 5:00 PM
To: planner@savmn.com
Subject: School Display Sign
I am a resident of St. Anthony and the parent of a high school student at SAVHS.
I am writing to express my opposition to a new digital display sign on the school property at 33rd
avenue.
It appears to me the sign was recently replaced after the previous sign lasted only a few years. Three
signs in less than five or six years seems wrong headed to me.
The display seems large enough to me. Readability is adequate if I’m driving by the sign. Most of our
information about school already comes in the form of emails and text messages. I don’t rely on the
display sign for information.
I can think of better places to spend money at the school. The theater is in sore need of some upgrades
for instance, and this is a resource the whole community uses.
Thanks for the opportunity to express my opinions.
Hayden Grooms
CITY OF SAINT ANTHONY VILLAGE
HENNEPIN COUNTY, MINNESOTA
RESOLUTION 22-0xx
A RESOLUTION APPROVING A REQUEST FOR A CONDITIONAL USE PERMIT
FOR AN ELECTRONIC DYNAMIC DISPLAY SIGN AT 3303 33RD AVENUE NE
IN THE “ROS”, RECREATION OPEN SPACE ZONING DISTRICT
WHEREAS, the City of St. Anthony Village received a request on behalf of the St. Anthony
High School for a ground sign with an electronic dynamic display at 3303 33rd Ave. NE; and
WHEREAS, the property is located in the “ROS”, Recreation Open Space Zoning District; and
WHEREAS, the subject parcel is currently developed with an existing dynamic sign; and
WHEREAS, such electronic digital display signs are allowed by Conditional Use Permit in the
ROS District; and
WHEREAS, subject to verification of height and black background, the proposed sign is
consistent with the requirements of the Sign Ordinance with regard to size, setback and other
standards, or will be made so pursuant to City approval; and
WHEREAS, the sign can be constructed to be consistent with the materials standards required
by the Sign Ordinance related to such signs; and
WHEREAS, the Planning Commission has considered all of the comments and the staff report,
which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission held a public hearing on December 21, 2021 on the
application and the applicant and members of the public were provided the opportunity to present
information to the Planning Commission; and
WHEREAS, the Planning Commission recommended approval of the Conditional Use Permit
with the conditions noted in the Staff report, and as listed below; and
WHEREAS, the City Council makes the following findings of fact in support of the resolution
for approval:
1.The property is located in an area of institutional land uses on a collector roadway.
2.The proposed sign is reasonably consistent with the character of the neighborhood in
which it is located.
3.The dimensional requirements of the City’s Sign Ordinance can be met by the proposed
application as verified.
4.With the modification or verification of the size under conditions as recommended by the
Planning Commission, the proposed improvements constitute a reasonable use of the
property.
5.The operational aspects of the City’s Sign Ordinance can be met on an ongoing basis by
the owner/operator of the sign.
6.The proposed sign, constructed and operated within the requirements of the Code, will
not adversely impact surrounding property or public areas.
NOW THEREFORE MAY IT BE RESOVLED, that the City Council of the
City of St. Anthony Village accepts the findings and recommendations documented in the staff
report and approves Conditional Use Permit for a dynamic display sign as shown on the plans
submitted as of December 2, 2021, at 3303 33rd Avenue NE, with the following conditions:
1.Applicant will submit plans showing a height of 8 feet.
2.Compliance with the operational standards of the code in Section 155.29, notably the
requirements for a static, monochrome message of at least 8 seconds duration on a black
background, and other related requirements.
Passed in regular session of the City Council on the ___ day of _________, 2022.
____________________________________
Randy Stille, Mayor
ATTEST:____________________________
City Clerk
Review for Administration: ____________________________________
Charlie Yunker, City Manager
NORTHWEST ASSOCIATED CONSULTANTS, INC. _________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM
TO: St. Anthony Village Planning Commission
FROM: Stephen Grittman
DATE: December 16, 2021
MEETING DATE: December 21, 2012
RE: St. Anthony Village – City Code Amendments
FILE NO: 323.02 - 21.0
As a part of staff’s ongoing Code review, the following recommendations are provided related
to various local regulations that require amendment to conform to current practice, or required
clarifications to eliminate inconsistencies and other defects.
The purpose of this memorandum is to provide a summary of various changes which are
suggested. If found to be acceptable as written, or acceptable with modifications, the
changes will be provided in a formal amendment format.
GENERAL CITY CODE REGULATIONS
Code Section Proposed Text Changes Comments
33.044 Delinquent account balances greater than
$50.00 and at least two quarters past due
will be certified to the taxpayer of record for
the real property, including rental property of
any type by November 30th of each year, or
earlier date as may be required by the
applicable County. Accounts significantly
exceeding either of these criteria’s are
considered at-risk and are subject to early
certification or water shut-off at the City’s
directions.
Adding language to account
for alternative dates required
by the County, if needed.
70.40 (B) Commercial vehicles in excess of
10,000 pounds or intended to seat 12 or
Adds language that allows
such sales by those in
2
more passengers shall not be parked in a
residential district and advertised for sale.
residential areas who are
owners of vehicles that may
be classified as passenger
vehicles.
96.03 PAVEMENT. Any type of improved surface
that is within the public right-of-way and that
is paved or otherwise constructed with
bituminous, concrete, aggregate, or gravel.
Deletes gravel driveways
from the definition in the
Right of Way Management
section as inconsistent with
the City’s requirements for
paved surfaces as
specifically not including
gravel
97.10 (A)(2)
And (B)(2)
Each numeral may be no less than 4 inches
(102 mm) in height and no less than ¾
inches in stroke width. Buildings more than
70 feet from the street shall have numerals
no less than 5 inches in height.
Address Sign requirements –
add additional height
requirement for buildings
with greater setbacks from
the street.
111.231 If the contractor has a state license and no
city license is required, the contractor will
pay the city a $5 surcharge prior to
commencement of the work the City will
verify the license.
The City is no longer
charging this fee.
150.088 FIREPLACE: A fireplace is an architectural
structure, within a wall or free-standing,
designed to contain a fire.
Adds a definition to a section
which regulates Fireplaces.
151.091 Wood used as a fuel source for internal heat
via fireplace or other wood burning heating
source and/or recreational fires only may be
stacked in side and rear yards, and shall not
must be stacked in a location other than the
front yard setback.
Clarifies that stacked wood
must be firewood. Prohibits
firewood stacking in any
portion of the front yard (not
just the setback).
152.176(D) (D) Setback from principal building. Unless
attached to and made a part of the principal
building, no eave or other portion of an
accessory building may be closer than 5
feet, measured horizontally, from any eave
or other portion of a principal building,
except as provided in division (L)
below. A25:G25
Clarifies the method of
measurement to avoid
confusion.
152.179
(A)(3)
(3) All vehicles, as defined in § 152.008,
parked on any lot in an R-l, R-1A, R-2, or R-
3 District must be parked on a surface
paved with asphalt or bituminous material,
concrete, cement, brick, or other paved
surface, or on a gravel driveway located in
the front yard.
Deletes the reference to
gravel driveways, not
allowed by other sections of
the code (cf 152.179 (C)(3).
3
152.179
(C)(2)
(2) Driveway setback. Residential driveways
enlarged or reconfigured after the date of
Ordinance adoptions, shall be setback a
minimum of 5 feet from the property lines,
unless otherwise authorized by the City
Engineer or Public Works Director in which
case a driveway may be located a minimum
of 3 feet from the property lines.
Eliminates the current
“Engineer’s exception” as
being confusing, and lacking
standards for approval or
denial. Legitimate needs for
lesser setbacks should be
pursued by variance under
those specific rules.
155.03 BILLBOARD: A sign which directs attention
to a business, community service, or
entertainment not exclusively related to the
premises where such sign is located (See
definition of ON OFF-PREMISES
MESSAGES.
Corrects a reference in the
definitions for Billboards as
“Off-Premise” Signs.
155.23(F) (F) Non-commercial signs exemption. All
non-commercial signs of any size may be
posted in any number from 46 days before
the state primary in a state general election
year until 10 days following the state
general election. For local elections, which
are usually held on the first Tuesday after
the first Monday in November of odd-
numbered years, all non-commercial signs
of any size may be posted for 4 weeks prior
to a local election until 5 days following the
local election. These exempted non-
commercial signs are not allowed to be
placed within 10 feet from the curb and 10
feet from the property lines. If these signs
are placed in violation of these setbacks,
they will be removed by the City Code
Inspector.
The statutes carve out a
period around statewide
elections in which “non-
commercial” signs – usually
political, message, or opinion
signs are allowed without
local regulation. The statutes
allow local elections in off
years to have different
restrictions. However, this
rule is confusing,
This change correlates the
local rules with the statewide
rules.
155.27(A) (A) Ground signs are permitted in all
districts but only to the extent permitted in
this section and in the District Schedules set
forth in Section 155.29 155.30.
Corrects an internal code
reference.
NORTHWEST ASSOCIATED CONSULTANTS, INC. _________________________________________________________________
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422 Telephone: 763.957.1100 Website: www.nacplanning.com
MEMORANDUM
TO: St. Anthony Village Planning Commission
FROM: Stephen Grittman
DATE: December 16, 2021
MEETING DATE: December 21, 2012
RE: St. Anthony Village – City Code Amendments – Swimming Pools and
Refuse/Recycling
FILE NO: 323.02 - 21.09
As requested, Planning Staff, along with the City Building Official, has conducted a review of
City Code provisions related to the City’s swimming pool and refuse/recycling requirements.
In response, a number of changes are suggested.
The purpose of this memorandum is to provide a summary of various changes which are
suggested. If found to be acceptable as written, or acceptable with modifications, the
changes will be provided in a formal amendment format and a public hearing will be
scheduled to provide an opportunity for public input.
SWIMMING POOLS
In regard to the regulation of swimming pools, the following changes are suggested:
Section 1. Section 150.051 (Buildings, Housing and Construction - Swimming Pools -
Building Permits Required) is hereby amended to read as follows:
150.051 BUILDING PERMITS REQUIRED. A building permit is required for the
construction of or the alteration, remodeling, or addition of any improvement to a
swimming pool. A separate building permit is required for any pump house, filter house,
enclosure for the swimming pool or any structure erected in conjunction with a swimming
pool. An applicant for the building permits shall make application on forms provided by the
city and shall provide the Building Inspector with a complete set of plans and specifications
of the proposed project, 10 St. Anthony - Land Usage together with the explanatory data
relative to the design, operation, and maintenance of the swimming pool insofar as health
2
and safety features are concerned, as required by this subchapter or as requested by the
Building Inspector.
150.050 SWIMMING POOLS. Any structure, bathing chamber, or tank, including but not
limited to above and below ground swimming pools, hot tubs, or spas, used for swimming
or bathing, over 24 inches in depth, or with a surface area of more than 150 square feet,
that is constructed above or below ground.
150.051 PERMIT REQUIREMENTS
(A) Types of Permits. One of the following swimming pool-related permits may be
required:
1) A Swimming Pool Permit shall be required for the construction of or the
alteration, remodeling, or addition of any improvement to a below
grade swimming pool.
2) A Building Permit shall be required for any pump house, filter house, or
any structure erected in conjunction with a swimming pool.
3) A Mechanical Permit shall be required for installation of a heater for
any pools, hot tubs, or spas.
4) An Electrical Permit shall be required for all direct/hard wired pools, hot
tubs, spas or any other electrical components.
5) A Zoning Permit shall be required for all above grade pools including
but not limited to hot tubs, and spas.
6) A Zoning Permit shall be required for all fences constructed, per the
defined safety requirements in Section 150.055.
(B) Permit Applications
1) Application Forms. An applicant for permits shall make application on
forms provided by the City and shall provide the Building Inspector with
a complete set of plans and specifications of the proposed project,
together with the explanatory data relative to the design, operation,
and maintenance of the swimming pool insofar as health and safety
features are concerned, as required by this subchapter or as
requested by the Building Inspector.
2) Submission Requirements.
a. A complete application form and fee, the amount of which is
established by City Ordinance.
3
b. Two (2) sets of dimensioned site plans (drawn to scale) which
include the following information:
(1) Property lines including property corners.
(2) The house, garage, driveway, and other permanent structures
and distance of each to the property lines.
(3) The location of all above and below utilities on the site including
gas, electric, sewer, water, phone, etc. Homeowners shall be
responsible for contacting utility companies in regard to
impacted utilities.
(4) Required setbacks from property lines.
(5) The proposed location of pool, hot tub, or spa, including length,
depth and width of the pool, hot tub, or spa and any decking
and showing distance of the pool, hot tub, or spa to the property
lines.
(6) Detailed drawings of fence design, gate design, and latching
mechanisms.
(7) A copy of all pool, hot tub or spa manufacturer build
requirements, specifications and recommended maintenance
procedures.
(8) Source and location of the water supply.
(9) Methods to be used in securing the site during the entire term of
the permit, from beginning of excavation through completion.
Such methods may include both temporary and permanent
security installations.
(C). Permit Approvals. No permit shall be issued unless it meets the requirements
of this subchapter. No permit may be issued until the Building Inspector or
other responsible City staff is satisfied that the proposed swimming pool, hot
tub, or spa will not be a health hazard and is to be constructed in such a way
that its future use will not endanger the health, lives, or safety of any persons
coming in contact with the swimming pool. All swimming pools, hot tubs, spas,
apparatus(es), water supply and drainage systems, and other features shall be
constructed in conformity with the approved plans. If any deviations from the
plans are desired, a supplementary plan covering that portion of the work
4
involved shall be filed for approval and shall conform to the provisions of this
subchapter.
150.052 LOCATION REQUIREMENTS
(A) No part of a swimming pool, hot tub or spa shall be located closer than ten (10
feet), as measured from the ground surface to any overhead or underground
utility line of any type. For the purpose of determining the area in which no
part of a swimming pool, hot tub or spa can be constructed, the centerline of
any overhead or underground utility line will be projected to the ground surface
and the 10-foot prohibited area will be measured parallel and on both sides of
the projected centerline.
(B) No part of a swimming pool, hot tub or spa shall be located within any private
or public utility, drainage, or other easement.
(C) Setback Requirements
(1) R-1 and R-2 Districts. No part of a swimming pool, hot tub, or spa shall be
located within ten (10) feet of any side or rear lot line; nor within ten (10)
feet of any principal structure or frost footing. No swimming pool, hot tub,
or spa may be located in the front yard of any property. The filter unit,
pump, heating unit, and any other mechanical equipment shall be located
not less than twenty-five (25) feet from any adjacent or nearby neighboring
residential structure and not closer than ten (10) feet to any lot line.
(2) R-1A Districts. Swimming pools, hot tubs, or spas located in R-1A Districts
shall comply with the setback requirements of Chapter 152, the Zoning
Code.
(3) R-3 and R-4 Districts. No part of a swimming pool, hot tub, or spa shall be
located within fifty (50) feet of any side or rear lot line; nor within ten (10)
feet of any principal structure or frost footing. No swimming pool, hot tub,
or spa shall be located in the front yard of any multiple dwelling. The filter
unit, pump, heating unit, and any other mechanical equipment shall be
located at least fifty (50) feet from any adjacent or nearby residential
structure and not closer than forty (40) feet to any lot line.
150.053 SAFETY REQUIREMENTS
(A) All pools, hot tubs, or spas shall be provided with safeguards to prevent
children from gaining uncontrollable access. A successful barrier shall be
considered one which prevents a child from getting over, under, or through
and keeps the child from gaining access to the pool, hot tub, or spa except
when supervising adults are present. Permanent fences shall meet all
requirements of Section 150.55. Temporary fencing may be exempted from
5
some of the requirements of 150.55 upon approval of the Zoning
Administrator, but for a period of no more than than the duration of the
applicable permit, or 180 days, whichever is less.
(1) Safeguards shall include a fence at least six (6) feet in height, unless
exempted per Section 150.53(C).
(2) Openings in the barrier (i.e.: spaces between fence pickets, railing
balusters, etc.) shall not allow passage of a four (4) inch sphere.
(3) All fence openings or points of entry into the enclosure area shall be
equipped with a gate, and all gates must be equipped with self-closing
and self-latching devices placed so as to be inaccessible to small children.
The gates shall be locked at all times when the pool, hot tub, or spa is not
in direct use.
(B) Suction outlets shall be designed and installed in accordance with
ANSI/APSP-7.
(C) The following shall be considered fencing exemptions/modifications for spas,
hot tubs and certain above ground pools:
(1) Spas or hot tubs with a safety cover which comply with ASTM F1346 (per
Section 303 of the International Property Maintenance Code (2018).
(2) Above ground pools with sides or attached fences which are four (4) feet
in height around the entire circumference, insurmountable, with an access
ladder or steps capable of being secured, locked, removed, or otherwise
protected to prevent access, shall require a fence of no less than four (4)
feet in height, while meeting all other safety fence requirements.
150.054 LIGHTING REQUIREMENTS. Lighting used in connection with swimming pools
shall be adjusted in a manner as not to interfere with the reasonable use of adjacent property.
150.055 NOISE. Unreasonably loud noise in connection with the operation or use of a pool
is prohibited.
150.056 INSPECTIONS. The Health Inspector is authorized to conduct any inspections
necessary to ensure compliance with all provisions of this subchapter and has the right of
entry at any reasonable hour to the swimming pool for this purpose.
150.057 EXISTING SWIMMING POOLS. No swimming pool, hot tub, or spa or any other
structure erected in conjunction with a pool existing as of June 3, 1982, will be required to be
moved so as to comply with the location requirements of Section 150.052. All other
requirements contained in this subchapter are applicable to existing swimming pools, and
structures erected in conjunction with the pools.
6
150.058 DISCHARGE OF POOL WATER. No person shall discharge or cause to be
discharged into the municipal storm drain system any pool, hot tub, or spa water unless
dechlorinated to less than one (1) ppm of chlorine.
7
REFUSE AND RECYCLABLES
In regard to the refuse and recyclables, the following changes are suggested:
Section 1. Section 111.197 (Licenses, Permits and the Like - Licensing of Multiple Dwellings)
is hereby amended to read as follows:
111.197 GARBAGE RUBBISH DISPOSAL. Every multiple dwelling must shall have and
maintain in sanitary condition adequate facilities to accommodate the disposal of rubbish,
garbage, refuse, and recyclables needs of the occupants/tenants of the units. The facilities
must shall be made of metal or other suitable material, which is rodent-proof, fire resistive,
and waterproof. The owner of the multiple dwelling property is responsible for the removal of
rubbish, garbage, and refuse no less frequently than once a week and for recyclables no less
frequently than once a month.
Section 2. The title of Sections 11.215 through 11.219 is hereby amended to read as follows:
HAULERS OF GARBAGE, REFUSE, RECYCLABLES, RUBBISH AND YARD WASTE
Section 3. Section 111.215 (Haulers of Rubbish and Yard Waste – Definitions) is hereby
amended to add the following definition:
Rubbish. The miscellaneous waste materials resulting from housekeeping, mercantile
enterprises, trades, manufacturing, offices including garbage and refuse.
Section 4. Section 150.088 (Building, Housing and Construction - Definitions) is hereby
amended to add the following definitions:
DUMPSTER. A non-flexible container which has a holding capacity exceeding five (5)
cubic yards and used for temporary storage of special pick-up refuse. A dumpster is a
metal, composite or other hard-side container for refuse disposal which exceeds five (5)
cubic yards capacity.
DUMPSTER, COMPACT. A container which has a holding capacity not exceeding five (5)
cubic yards and used for temporary storage of special pick-up refuse. A compact
dumpster is a metal, composite or other hard-side container for refuse disposal which
does not exceed five (5) cubic yards capacity.
DUMPSTER, FLEXIBLE. A flexible container which has a holding capacity not exceeding
five (5) cubic yards and used for temporary storage of special pick-up refuse. A flexible
dumpster is commonly referred to, or known as, a “dumpster bag,” “soft-side dumpster,” or
“waste removal bag” and used in lieu of a metal front or rear-load or roll-off dumpster.
8
RUBBISH. The miscellaneous waste materials resulting from housekeeping, mercantile
enterprises, trades, manufacturing, offices including garbage, refuse and trash.
TRASH. Non-recyclable material that is designated for landfill or incinerator disposal by
the Hauler. The term does not include hazardous waste as defined in Minnesota Statutes,
Section 116.06, Subdivision 11, or construction debris as defined in Minnesota Statutes,
Section 115A. 03, Subdivision 7.
YARD WASTE. Yard waste means grass, grass clippings, bushes, shrubs, tree branches
less than four (4) inches in diameter, and clippings from bushes and shrubs that come
from residential, commercial/retail, institutional, or industrial sources as part of maintaining
yards or other private or public lands. Yard waste does not include (i) construction,
renovation, and demolition wastes or (ii) clean wood.
Section 5. Section 150.088 (Building, Housing and Construction - Rental Dwelling
Definitions) is hereby amended to add the following definitions:
RUBBISH. The miscellaneous waste materials resulting from housekeeping, mercantile
enterprises, trades, manufacturing, offices including garbage, refuse and trash.
TRASH. Non-recyclable material that is designated for landfill or incinerator disposal by
the Hauler. The term does not include hazardous waste as defined in Minnesota Statutes,
Section 116.06, Subdivision 11, or construction debris as defined in Minnesota Statutes,
Section 115A. 03, Subdivision 7.
Section 6. Section 150.088(C) (Building, Housing and Construction - Responsibilities of
Occupant or Renter) is hereby amended to read as follows:
(C) Disposal of garbage, rubbish and recyclables. Every occupant of a rental dwelling shall
store and dispose of all his or her rubbish, garbage and waste in a clean, sanitary and safe
manner. All rubbish, garbage, and waste must shall be collected by a hauler who is licensed
by the city as required by Section 111.215 through 111.219 of this Code. The storage of
refuse rubbish and recyclable collection containers may shall not be kept in the front yard
setback without approved screening or fencing.
Section 7. Section 150.090 (Building, Housing and Construction - Refuse and Recyclables)
is hereby amended to read as follows:
150.090 REFUSE RUBBISH AND RECYCLABLES.
150.090 REFUSE AND RECYCLABLES. Every occupant must store and dispose of or
recycle all refuse and recyclables in a clean, sanitary, and safe manner as prescribed by city
ordinances. Every owner of an apartment building must supply facilities for the sanitary and
9
safe storage and/or disposal or recycling of refuse and recyclables. The storage of refuse and
recyclable collection items may not be kept in the front yard setback without approved
screening or fencing
A) Storage Location. Every occupant shall store and dispose of or recycle all refuse
rubbish and recyclables in a clean, sanitary, and safe manner as prescribed by City
ordinances. Every owner of an apartment building shall supply facilities for the sanitary
and safe storage and/or disposal or recycling of refuse and recyclables. Except as
provided in Section 150.090 (C) below, the storage of rubbish, recyclables and yard
waste collection containers shall be in the side or rear yard setback of the property,
adjacent to a structure on the property from which collection is conducted, or in the
setback from which collection is conducted, if appropriately permitted screening or
fencing has been achieved per Section 150.073, and where the proposed location
maximizes the potential setback from the street.
B) Refuse Containers. Collection containers and dumpsters for multiple family residential,
commercial, industrial and institutional uses shall be screened on all four (4) sides
using an enclosure that is a minimum of one (1) foot above the top of the container.
The rubbish enclosure shall be constructed of materials that are harmonious with those
of the principal structure and have a minimum opacity of ninety percent (90%) opacity.
A gate or door of the rubbish enclosure shall be closed at all times except as needed to
access the container(s). No exterior container or enclosure shall exceed the maximum
height for fencing in the applicable zoning district.
C) Front Yard Containers. Rubbish and recycling containers may be kept in a front yard if
within an approved and permitted screening structure, per Section 150.073. Such
screening structure shall provide a solid screening effect and be of a height not less
than three (3) inches above the tallest container to be kept within. The screening
structure shall be placed no closer than three (3) feet from the property line and no
closer than fifteen (15) feet from the road from which collection is made. The size of
the structure shall not exceed sixty-four (64) inches in width and forty (40) inches in
depth. The design, materials and location shall be subject to review prior to City
issuance of the required Zoning Permit.
Section 8. Section 150.094 I. is hereby deleted.
(I) Temporary storage units. Dumpsters. Temporary storage units including Dumpsters are
permitted for no more than 120 days in a calendar year, or for the duration of an associated
building permit, whichever is longer, and must be maintained in good repair and appearance.
The height of the materials in the dumpster shall not exceed the height of the dumpster.. One
temporary storage unit is allowed at any residential property. Temporary storage units must
be place on paved surfaces and a minimum of 10 feet from all property lines. No dumpster
shall be placed closer than five (5) feet from any side or rear property line.
10
Section 9. Section 150.094.J (Building, Housing and Construction - Refuse and Recyclables)
is hereby added to read as follows:
J) Flexible and Compact Dumpsters. A flexible dumpster or compact dumpster, as
defined by the Chapter, may be placed and used on a property subject to the following
requirements:
(1) No liquid waste shall be placed into a flexible dumpster or compact dumpster for
disposal. Only rubbish that is of a solid physical form or matter shall be placed
or disposed into the flexible dumpster or compact dumpster, such as
construction or demolition debris, discarded household goods or wares,
cardboard or packaging waste, or the like.
(2) A flexible dumpster or compact dumpster shall not exceed a five (5) cubic yard
capacity.
(3) No flexible dumpster or compact dumpster shall be placed within the roadway
surface of any street and shall be located behind the street curb. No flexible
dumpster or compact dumpster shall be placed within or as to block any portion
of a sidewalk, path or trail.
(4) Flexible or compact dumpsters shall be placed no closer than five (5) feet from
any side or rear property line.
(5) No flexible dumpster or compact dumpster shall be placed within fifteen (15) feet
of a water/fire hydrant.
(6) No flexible dumpster or compact dumpster shall remain on a property more than
fourteen (14) days from the date it was placed outdoors at the property. The
flexible dumpster or compact dumpster shall be collected by a waste hauler or
otherwise removed within one (1) week of the container being filled to its
capacity.
(7) No more than two (2) flexible or compact dumpsters shall be kept on any
property at any one time.
(8) All rubbish shall be completely and securely placed within the container; no
material shall be sticking out or exceeding above the top of the container sides.
No rubbish placed in the container shall exceed outside the container beyond
the plane of the street curb line. It is the responsibility of the property
owner/occupant to ensure any refuse that falls or is blown out of the container is
promptly collected/picked up and properly stored as any refuse is required to be
stored.
11
Section 9. Section 153.04 (Stormwater Management - Definitions) is hereby amended to add
the following definition:
RUBBISH. The miscellaneous waste materials resulting from housekeeping, mercantile
enterprises, trades, manufacturing, offices including garbage, refuse and trash.
Section 10. Section 153.08 (C). (Stormwater Management - Approval Standards) is hereby
amended to read as follows:
(C) Waste and material disposal. All waste and unused building materials (including garbage,
rubbish, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be
properly disposed of off-site and not allowed to be carried by runoff into a receiving channel or
storm sewer system