The URL can be used to link to this page

Home My WebLink About2006-238 City Code Amendments Chapter 37, Sect. 50, 81, 83 and 84 CITY OF CORCORAN ORDINANCE NO. 2006-238 AN ORDINANCE AMENDING THE CORCORAN CITY CODE (CITY FILE NO. 06-018) THE CITY COUNCIL OF CORCORAN ORDAINS: SECTION 1. Amendments. The text of the Corcoran City Code is hereby amended as follows: A. CHAPTER 37 (HOME OCCUPATION COMMISSION) IS HEREBY AMENDED BY DELETING THIS SECTION IN ITS ENTIRETY: CHAPTER 37: HOME OCCUPATION COMMISSION. 37.10 ESTABLISHMENT OF COMMISSION. The home occupation commission for the City shall be hereby established. 37.11 COMPOSITION. The home occupation commission shall consist of eight (8) members, five (5) regular members and three (3) alternate members. A.Regular members shall consist of two council members, two planning commission members, and one resident member. B.Alternate members shall consist of one council member, one planning commission member and one resident member. C.Terms shall be staggered as follows: 1.Council Member term (one year) expires 12/2002 2.Council Member term (two years) expires 12/2003 3.Planning Commissioner term (one year) expires 12/2002 4.Planning Commissioner term (two years) expires 12/2003 5.Resident Member (one year) expires 12/2002 6.Alternate Council Member term (one year) expires 12/2002 7.Alternate Planning Commissioner term (one year) expires 12/2002 8.Alternate Resident Member term (one year) expires 12/2002 D.Their successors shall be appointed for terms of two years. Appointees shall hold their offices until their successors shall be appointed and qualified. The City Council shall approve the necessary appointments to the Commission no later than March 31 of Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Ordinance 2006-238 Page 2 each year. Every appointed member shall before entering upon the discharge of his or her duties take an oath that he or she shall faithfully discharge the duties of his or her office. All members shall serve without compensation. E.Alternate Members – Shall be annually appointed. All members shall serve without compensation. F.A quorum shall consist of any three (3) regular and/or alternate members. 37.12 ORGANIZATION; MEETINGS. A.The commission shall elect a chairperson from among its appointed members for a term of one year; and the commission may create and fill such other offices as it may determine. Formatted: Bullets and Numbering B.All regular members of the Commission, including the Chairperson, may vote on any questions before the Commission, except that no member of the Commission shall partake in any discussion on or vote upon any question in which he or she is directly or indirectly interested. C.The commission shall adopt rules for the transaction of business, with the approval of Formatted: Bullets and Numbering the Council, and shall keep a record of its resolutions, transactions, and findings, which record shall be a public record. Expenditures of the commission shall be within amounts appropriated for the purpose by the City Council. D.The Commission shall determine the date and time of meetings and shall set such public hearings as are necessary and desirable, or required by law, or this Code. 37.13 POWERS AND DUTIES OF THE COMMISSION. Formatted: Bullets and Numbering A.The Commission shall review, analyze and make recommendations to the City Council on all Conditional Home Occupation Licenses as described in Section 1030.100 of the Corcoran Zoning Ordinance. (Ord.220, Passed 05-26-05) Formatted: Bullets and Numbering B. SECTION 50 (INDIVIDUAL SEWAGE TREATMENT SYSTEMS) IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: 50.16 RESTRICTIVE STANDARDS. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Ordinance 2006-238 Page 3 (C)(A) “Alternative” and “other systems” (See 50.1719.) shall be utilized only to replace existing septic systems. All “alternative” and “other systems” shall be reviewed and approved by the Wastewater Commission. C. SECTION 81 (ANIMALS) IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: Formatted: Bullets and Numbering 81.09 KENNEL LICENSING REQUIREMENTS COMMERCIAL KENNEL – The Home Occupation Ordinance shall govern any commercial activity involving dogs including, but not limited to, breeding, sales, grooming, or boarding. All commercial kennels shall be required to apply for an Interim Use Permit for the Conditional Home Occupation License (CHOL), as described in the Zoning Ordinance. AND 81.10 KEEPING OF FARM ANIMALS & NON-TRADITIONAL FARM ANIMALS Any person keeping a farm animal or non-traditional farm animal within the City of Corcoran must adhere to the following requirements at a minimum: 1. Minimum acreage of 3 acres would allow one animal unit equivalent to be kept. 2. For each additional 1 acre one additional animal unit equivalent would be permitted. 3. All animal unit equivalents must be kept in an enclosed pen or corral with fences or enclosures of sufficient height and strength to insure safe retention of animals. 4. A shelter or stabling facility shall be provided of at least 100 square feet per animal unit. The No such shelter or facility shall be at least within 75 feet of from any residential structure of another person and must comply with all setback requirements as identified in Section 1030.020 (Accessory Buildings) of the Zoning Ordinance. D. SECTION 83 (PARKS AND RECREATION) IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING SECTION 83.03 AS FOLLOWS: 8. Non-Intoxicating3.2 Malt Liquor - Non-intoxicating (3.2) malt liquor may be consumed at city parks. No sale of 3.2 maltnon-intoxicating liquor may take place without first securing a non-intoxicating (3.2)3.2 malt liquor license from the city, in accordance with the liquor licensing section of the city code. E. SECTION 84 (SIGNS) IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: Ordinance 2006-238 Page 4 84.03 PERMITS. 1. Application: Unless exempted (Section 84.04subd. 4), all persons seeking to place a sign within the City limits of the City of Corcoran and as regulated by the terms of this Section shall obtain a permit. The applicant shall first file an application in writing on a form furnished for that purpose by the Code Enforcement Official for the City of Corcoran. Every such application shall: AND 2. Sign Permits: The application shall be reviewed by the Code Enforcement Official and other departments of the City including the Building Official to check compliance with the laws and ordinances under their jurisdiction. Signs identified under Subdivision 11Section 84.11, Subd. , Section 3 (g-h) require design review by the Planning Commission prior to approval by the Code Enforcement Official. AND 84.04 EXEMPT SIGNS. The following signs shall be exempt from the provisions of this ordinance, except they must meet the General Provisions (Subd. 7Section 84.07): AND i. Temporary banner signs located on the fences at public ballfields. AND 1. The City Council shall have the authority to approve or deny variances from the provisions of the Sign Ordinance. An applicant for variance shall proceed as required under Section 11.81 of the Corcoran Land Use Regulations1070.040 (Variances) of the Corcoran Zoning Ordinance. The City Council shall use the same standards for evaluating sign variances as are found in said Section 11.81Section 1070.040 of the Corcoran Zoning Ordinance and the Council shall make findings showing that all of the following conditions exist: (a) There are special conditions or circumstances affecting the property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of the applicant’s land. Formatted: Bullets and Numbering Ordinance 2006-238 Page 5 (b) The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner. (c) The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the area in which the property is situated and will not have an adverse effect upon traffic or traffic safety. AND 84.11 SIGN STANDARDS BY DISTRICT. 1. SIGNS PERMITTED IN THE RESIDENTIAL AND PUBLIC- INSTITUTIONAL ZONING DISTRICTS c) Apartment buildings, housing developments or subdivisions are permitted two signs at the main entrance as designated by the City Planning Commission, with each sign not to exceed 32 square feet or and six (6) feet in height. One sign not to exceed 16 square feet shall be allowed at each secondary entrance. If lit, the sign(s) must be externally illuminated with downward focused lighting on a timer. AND 2. SIGNS PERMITTED IN THE INDUSTRIAL BUSINESS PARK ZONING DISTRICTS The following signs are permitted in the industrialBusiness Park zoning districts: AND 3. SIGNS PERMITTED IN THE COMMERCIAL DISTRICTS The following signs are permitted in the commercial zoning districts. Certain signage proposals within this district may be reviewed by the Planning Commission in order to ensure that the intent of this section is met. AND a) Prohibited signs within the Commercial districts: i) internally illuminated signs ii) roof signs extending above the peak of the roof iii) Exterior neon signs AND Ordinance 2006-238 Page 6 h) Approval/Denial of Permit: The following procedure shall be used for review of all permits within the Commercial Districts: AND i) Appeal: Any individual having a legal interest in property affected by the Planning Commission's decision pursuant to this Section, shall have a right to appeal the decision to the City Council for review pursuant to the provisions of Subdivision 3, Section 5Section 84.03, Subd. 4 of this Ordinance. AND 4. SIGNS PERMITTED IN THE MIXED USE/PUD DISTRICTS. The following signs are permitted in the Mixed Use/PUD districts. Certain signage proposals within this district may be reviewed by the Planning Commission in order to ensure that the intent of this section is met. AND a) Prohibited signs within the Mixed Use/PUD district: i) internally illuminated signs iv) roof signs extending above the peak of the roof v) Exterior neon signs AND g) Design Review by Planning Commission: Signs within the Mixed use/PUD district must be reviewed by the Planning Commission if any one of the following is proposed AND h) Approval/Denial of Permit: The following procedure shall be used for review of all permits within the Mixed use/PUD District: AND i) Appeal: Any individual having a legal interest in property affected by the Planning Commission's decision pursuant to this Section, shall have a right to appeal the decision to the City Council for review pursuant to the provisions of Subdivision 3, Section 5Section 84.03, Subd. 4 of this Ordinance. Ordinance 2006-238 Page 7 F. SECTION 110.03 (APPLICATION AND FEES), SUBD. A IS HEREBY AMENDED BY ADDING, DELETING OR CHANGING AS FOLLOWS: 5. The annual fees for “on-sale” and “off-sale” intoxicating and non-intoxicating3.2 malt liquor licenses shall be set by resolution from time to time by the city council. SECTION 2. Effective Date. This Ordinance shall be in full force and effect upon its passage. ADOPTED by the City Council on November 20, 2006. VOTING AYE VOTING NAY _X__ Cossette, Tom ___ Cossette, Tom _X__ Grabowski, Chuck ___ Grabowski, Chuck _X__ Jacobs, Paul ___ Jacobs, Paul _X__ Lymangood, Chuck ___ Lymangood, Chuck _X__ Thomas, Ron ___ Thomas, Ron Tom Cossette, Mayor City Seal ATTEST: Bea Lindberg, City Clerk