81-11-24 CITY OF MOUND
Mound, Minnesota
AGENDA
MOUND CITY COUNCIL
November 24, 1981
City Hall
7:30 P.M.
Minutes of November 17, 1981
PUBLIC HEARINGS
A. Delinquent Utility Bills
(Motion to discontinue water service)
Vacation of Easement ( Jim Riley )
Lots 12, 13, 14 and 15 Koehler's Addition to Mound
(Continental Telephone's Storage Building)
Co
Hearing on Parking Lot Improvement Project Behind
the Tom Thumb, Laundromat, Medical Clinic, etc.
Between Lynwood Blvd. and Church Road
D. Continuation of Public Hearing
City of Mound Zoning Ordinance
Adjourn
Pg. 1251-1254
Pg. 1255
Pg. 1256-1266
Pg. 1267-1271
Pg. 1272-1333
Page 1250
180
November 17, 1~81
ANDERSON BUILDING
The City Nanager reported that the Highway State Aid person he contacted
iS still checking on whether the City can do anything with this building
because it was purchased with MSA Funds. He will report when he gets
an answer.
Charon moved and Ulrick seconded a motion to adjourn at 8:20 P.M.
The vote was unanimously in favor. Motion carried.
Jon Elam, City Manager
Fran Clark, Secretary
Acr0 Minnesota 2.83
AirCo~, Inc. 90.00
Arcon C0nst 144.00
Ron Bostrom 10.50
Holly Bostrom 137.50
Frank Blackowiak 62.00
Continental Telephone 1,001.16
Commissioner of Revenue 3,270.81
Datco Lighting 260.37
Jon Elam 34.31
First Bank Mpls 88.00
Fire Control Extinguisher 150.O5
Lyndon Griffin 875.00
Hardrives, Inc. 120,155.21
I, ,, 34,673.21
Henn Co. Treas ll.O0
Geo. M. Hansen Co. 225.00
Illies& Sons 560.00
Internatl Assoc Fire Chiefs 45.00
Bob Johnson 2,612.85
Jones Chemicals 173.00
LOGIS 1,424.93
Lamperts 18.57
Liquor Store Supply 7,513.77
Lutz Tree Service 955.00
Liquor Control Div. 5.00
MN Park Supervisors Assn 15.O0
City of Minnetrista 788.00
Mound Locksmiths 77.25
Minnegasco 776.12
Metro Waste Control 14,987.25
McCombs-Knutson 10,582.O0
MN Mayors Assn 60.00
Mound Fire Dept 3,340.00
" " " 1,164.00
NSP 8,255.59
Wm Mueller & Sons 2,247.50
NW Bell 60.30
Navarre Hdwe 146.33
Oxford Chemicals 63.75
Nels Schernau 7.59
S & M Sales 60.00
Francis Salden 229.00
Scherling-Pletsch 85.00
Star Tribune 170.72
Small Engine City 122.95
Time D-C ~5~.44
Thurk Bros. Chev 269.34
Van Water & Rogers 358.20
Wisc. Country Stone 495.00
Xerox 709.53
Griggs, Cooper 2,874.55
Johnson Bros. Liq. 5,347.88
Old Peoria 1,741.57
Ed Phillips 4,349.35
TOTAL BILLS 234,O41.28
HINUTES OF THE
I'~OUND ADVISORY PLANNING COMMISSION MEETING
November 9, 19~1
Present were: Chairman Russell Peterson; Commissioners Roy O'Donnell, George Stan-
nard, Michael Vargo, Stan Mierzewski, Margaret Hanson and Gary Paulsen; Council
Representative Gordon Swenson; City Manager Jon Elam; City Inspector Henry Truelsen
and Secretary'Marjorie Stutsman.
Chairman Peterson welcomed the new Planning Commission members, Michael Vargo and
Stan Mierzewski.
MINUTES
The minutes of the Planning Commission meeting of October 26, 1981 were presented
for consideration. Stannard moved and Hanson seconded a motion to approve the
minutes as presented. The vote was unanimously in favor.
BOARD OF APPEALS
1. Sign Permit for Metro Station at 5377 Shoreline Boulevard (Change to Mobil)
Part of Block 4, Shirley Hills Unit F
No one was present regarding this application.
Swenson moved and Stannard.seconded a motion to table. The vote was unani-
mously in favor.
o
Vacation of Easement - Southerly 20 feet of Lots 12, 13, 14 and 15, Koehler's
Addition to Mound
Applicant James Riley was present.
Hanson moved and O'Donnel1 seconded a motion to approve the vacation retaining
an appropriate easement as recommended by the City Engineer. The vote was un-
animously in favor.
Discussed sign permit (Item 1). Planning Commission compared this sign's size to
the sign granted at 4800 Bartlett Boulevard recently. It was felt that a smaller
sign than requested would serve as well as the area on both sides of the Metro
Station is unobstructed. Chairman requested that sign company be called advising
them of the Planning Commission's comments.
Review of the Proposed Zoning Ordinance
Chairman Peterson opened the discussion on the Zoning Ordinance. There are still
some spelling/typing errors to be corrected; but these would not specifically dis-
cussed.
The following corrections or clarifications were approved:
Page 12 Section 1403 (1) add "an improved" public right-of-way
Page 13 Section 1404 (4)
Hanson moved and Vargo seconded a motion to add to paragraph 4 "providing
that they come to the City for a variance". The vote in favor was Hanson,
Stannard, Mierzewski, Vargo and Peterson; against--O'Donnell, Paulsen and
Swenson. Motion carries.
Plann~nQ Co'-:misslon Hinutes
November 9, 1981 Page 2
Page 14 Section 140? (5) Correction of # of feet - should read: ...... located within
~ feet of the side lot line in the rear yard wlth a minimum of 6 feet setback location.
Page 15 Section 1407 (6) Delete "man made, fishing pond and other water storage" and
add after .... by small children "and or uninvited guests" ....
Page 16 Section 1408 - Lot width in Item 5 should read: 51 - 80 feet; 81 feet or
more. Second diagram should show "60" feet wide rather than 50 feet.
Page 32 Section 1604.5 (3) Check with City Attorney on having "one side yard setback
a minimum of l0 feet".
Page 34 Section 1604.5 Delete or change diagrams if 6 and l0 foot sideyards not
allowed. Also Lot Depth should read "61-80 feet and 81 feet or more.
Page 35 Section 1605.5 (2) Minimum requirement for Front Yard is "20" feet rather
than 15 feet. (3) Delete reference to 1604.5(3) and add "Sideyard setbacks 6 feet
and 6 feet and a 10 foot access to garage site be shown.
Page 52 Check obstruction triangle (for corners) with the 'Planner for his recommenda-
tion; 50 feet seems excessive.
Adjournment
A motion was made to adjourn the meeting; all in favor, so meeting adjourned to the
next Board of Appeals meeting, November 30, 1981.
Attest:
AGENDA FOR THE
MOUND ADVISORY PLANNING COMMISSION MEETING
November 9, 1981
7:30 P.M.
Minutes of the meeting of October 26, 1981.
BOARD Of APPEALS
1. Leroy Signs, Inc. for Metro "500" Station, 5377 Shoreline Blvd.
Part of Block 4, Shirley Hills Unit F - Map 5
Sign Permit
James A. Riley
Vacation of Easement - Southerly 20 feet of Lots 12, 13, 14, 15,
Koehler's Addition to Mound
- Map 5
DISCUSSION
Review of the "Proposed Zoning Ordinance"
(Please bring your copy of draft
dated "Revised August 1981")
ORONO
APPLICATION I'OR STR£IiT
C1TY OF
APPLICANT~_ ~
ADDRESS
LEGAL DESCRIPTION OF PROPERTY OWNED BY APPLICANT: PLAT PARCEL
PID # 13-117-24 33 0030
STREET TO BE VACATED
RE~SON FOR ~Qu~-ST
Residents and owners of property abutting the street to be vacated:
Recommended by Utilities: NSP ~ ; Minnegasco ~ ;
Recommended by City: Public Wor~~ire Chief
Police Chief . ~. ~ ~"~ '
Continental Tel.
; Engineer /' '~--
Planning Commission Recommendation:
Date
CITY of NIOUND
T' MOUND. MINNESOTA 55364
(612) 472-1155
November 4, 1981
TO:
FROM:
SUBJECT:
The Planning Commission
The City Inspector
Recommendations on Appeals - Meeting of November 9, 1981
BOARD OF APPEALS
1. Leroy Signs, Inc. for Metro Station, 5377 Shoreline Boulevard
The proposed sign is rather excessive; should be considerably smaller
as there is more than adequate distance for the sign to be seen; this
will be like a billboard in the.sky. A 4' X 8' sign should be maxi-
mum.
James A. Riley
Vacation of Easement - Southerly 20 feet of Lots 12,13,14 & 15,
Koehler's Addition to Mound
The right-of-way should be checked for location of City's service
availabilities -- would recommend not to vacate all of the twenty
feet until a definite decision-is made as to the future of the kyn-
wood by-pass. Would recommend vacating only ten (lO) feet at this
time.
HenPy K. Truelsen
City Inspector
Nodhern States Power Company
Minnetonka Division
5505 County Road 19
P.O. Box 10
Shorewood, Minnesota 55331
Telephone (612) 474-8881
November 13, 1981
City of Mound
Judith A. Fisher, Acting City Clerk
5341Maywood Road
Mound, MN 55364
Dear Judith:
In regard to the notice of public hearing for vacation of
an easement - Southerly 20 feet of lots 12,13,14 and 15,
Koehler's Addition to Mound.
Please be advised that Northern States Power Company needs
a portion of the above described easement for maintaining
our three phase feeders out of the Mound Sub Station.
Sincerely,
Marlow E. Peterson
Design Supervisor
McCOMB$-KNUTSON ASSOCIATES, INC.
CONSULTING ENGINEERS ~ LAN~ SU~/EYO~S I~ PLANNEF~$
October 20, 1981
Reply To:
12800 Industrial Park Boulevard
Plymouth, Minnesota 55441
(612) 559-3700
Hr. Oon Elam
City Manager
City of Hound
5341Maywood Road
Hound, Minnesota 55364
Subject:
Hound, Minnesota
Vacation of Easement on Lots 12, 13, 14 & 15
Koehler's Addition to Mound
File #2113
Dear Hr. Elam:
We have reviewed the owners request to vacate the permanent easement over
the south 20 feet of the above lots. Since this is the only area.on Lynwood
Boulevard from Belmont to the east, which the city has 60 feet right-of-way we
see no reason to retain the easement.
Our records do not show any utilities within this easement except for a
hydrant at the intersection of Belmont and Lynwood. The curb radius is also
partially in this easement. Enclosed is a description for a permanent easement
for street and utility purposes to cover that portion which should be
retained. The attached drawing shows in red, the area of the existing easement
that would be released. Rrobably the best way to handle this would be to
vacate the entire existing easement and have a new one signed by the owner for
the area of the hydrant and curb.
Public works should also be contacted to make sure there are no other
utilities located within the existing easement.
If you need any further information, please contact me.
Sincerely,
McCOMBS-KNUTSON ASSOCIATES, Inc.
JC:O1
Enclosure
Minneapolis- Hutchinson- Alexandria- Eagan
printed on recycled paper
Easement Description
Lot 12, "Koehler's Addition To Mound"
A perpetual easement for street and utility purposes oYer, under and across
that part of Lot 12, "Koehler's Addition to Mound" lying southwesterly of the
following described line:
Beginning at a point on the south line of said Lot 12 distant 20.00 feet
east of the southwest corner of said Lot 12; thence northwesterly to a
point on the west line of said Lot 12 distant 20.00 feet north of the
southwest corner of said Lot 12 and there terminating.
printed on recycled paper
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CITY of N. IOUND
534'1 MAYV~,'OOG ~OAD
MOUND. MINNESOTA 55364
(612) 472-i 155
CITY OF MOUND
NOTICE OF HEARING ON IMPROVEMENT
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of the City of Mound
will meet at the Mound City Hall, 5341Maywood Road, Mound, Minnesota, at
8:00 o'clock P.M. on November 24, 1981, to consider the making of the
following described improvements:
"Development of public parking lot behind the Mound Medical Clinic"
pursuant to M.S.A. Sec. 429.011 to 429.111. This proposed lot will create
an estimated 30 parking spaces and will be fully hard surfaced and drained.
The estimated cost of such improvement is $20,000.00. The area proposed
to be assessed for such improvements is all the property abutting. The
maintenance cost of this lot will be added into the overall Central
Business District Annual Assessment Program. Such persons as desire to
be heard with reference to the proposed improvements will be heard at this
meeting. A proposed plan is available for your prior review.
Acting City Clerk
Published in The Laker November 10, 1981, and November 17, 1981.
-_. ........... . cCOMBS-KNUTSON ASSOCIATES,
INC.
Reply To:
12800 Industrial Park Boulevard
Plymouth, IViinnesot~. 55441
(61:2) 559-3700
September 14, 1981
Mr. Jon Elam
City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
Re:
City of Mound
Proposed Clinic Parking Lot
File #6185
Dear Jori:
We are attaching herewith three plans relating to the
clinic parking.
The first one, labeled just "Proposed Parking Lot" shows
the areas of ownership and the area the way it is now, with
existing gravel area shaded and the existing bituminous parking
lot shown. Alternate A shows one scheme for developing parking
in this area and results in 30 parking stalls and makes better
use of steep'areas with better sight distances to those
crossing the parking lot and better sight distances for backing
out of the stalls. Alternate B is much the same thing except
that it provides 36 stalls, however, five of these are very
steep and would be fairly inconvenient to use. So essentially,
from either plan you get about 30 or 31 good parking stalls
convenient to the convenience stores, laundry, and pharmacy
if they were to provide access to the store from the rear.
Alternate Plan B obviously gets more cars a lot closer
to the store and from that standpoint, may offer advantages.
It certainly offers the advantage of more parking stalls than
they had in the front. There are other details we should
discuss, the pros and cons of the layout, but this will give
you the basic idea. To give you a cost of the project, we
have included the excavating and grading and have come up with
a total cost of about $20,000. There may be a question of
Minneapolis- Hutchinson- Alexandria- Eagan
printed on recycled paper
Mr. Jon Elam
Sep~er~er 14, 1981
Page Two
whether you need curb and gutter around the entire parking
lot, and eliminating the curb and gutter could reduce the
cost by $4,000 to $5,000. Again, these are details that can
be discussed if the community is interested in proceeding
further with either of these proposals.
WHM: lar
Enclosures
Very truly yours,
McCOMBS-KNUTSON ASSOCIATES, INC.
William H. McCombs, P.E.
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1,1OUND ZONING CODE OUTLINE
SECTION
'PAGE
2.
3.
4.
TITLE ............... ,,,,,, ................................................ 1
INTENT AND PURPOSE ........................................................ 1
RULES AND DEFINITIONS ..................................................... 1
GENERAL PROVISIONS .................... ..................................... 12
1401
1402
1403
1404
1405
1406
1407
1408
1409
1410
1411
1412
1413
1414
1415
Application .......................................................... 12
Separability .......................................... 12
Existing Lots ..]...:]].]].]:" . ..... 12
Non-Conforming Uses ................................................. 12
Zoning Coordination .].. 13
Zoning and Land Use Plan ............................................. 14
Accessory Buildings... ...................................... 14
Required Yards and OPen ¢¢;~; .... ; .;...;; ..... 15
Access Drives and Access ..................................... 17
Property Abutting County ~;;J . ]... ; ..];.. 18
Minimum Floor Area Required .......................................... 18
Essential Services ................................................... 18
Planned Development Area . . .- .................... 18
D°cks Serving C°mmercial ~~']iiiiii~ii~i i i i 21
Minnesota Environmental Quality Board on'] ................. 21
ADMI
I501
I502
1503
1504
1505
1506
NISTRATION ............................................................. 22
Enforcing Officer .........................
Appeals and the Boa~'~'A~~'~'~is .
Planning Commission ..................................................
Zoning Amendments ..........................................
Conditional Use Pe~mi~ .... ]ii ] ......... ' ' ,
Variances
22
22
23
23
25
DISTRICT PROVISIONS
1601
1602
1603
1604
1605
1610
1620
1625
1630
1635
1640
Zoning Districts .............................
Zoning Map ...................................
District Boundaries '
Single-Family Residential (R-l) ..............
Single-Family Residential (R-2) ..............
31
Two Family Residential (R-3) ..................................... 35
Multi-Family Residential (R-4i ] ,],, 37
Central Business (B-l) ............................................... 42
General Business (B-2) ................................ 43
Light Industrial (I-1) ............................................... 48
SECTION
PAGE
e
1701
1702
1703
1704
1705
1706
1707
1708
1709
1711
1713
1714
1715
1716
1717
1718
1719
1730
1731
Purpose ........................................................... 47
Exterior Storage .................................................. 47
Refuse 47
Screening . :: ...:..: :::,:: : :,.:.: 48
Landscaping i e .......... 48
Glare ............................................................. 48
Bulk Storage ...................................................... 48
Nuisances ......................................................... 49
Dwelling Units Prohibited ......
Soil Erosion Control ...........
Tree and Woodland Preservation .
Traffic Control ................
Vacated Streets ................
Parking .
Off-Stre~['[~i~
Auto Service Stations
Dr.ive-In Business Deve ..............
Office in Multi-Family District (R-4) .............................
52
55
56
57
Car Washes ........................................................ 58
8. ENFORCEMENT .............................................................. 60
SUPREMACY AND. EFFECTIVE DATE ............................................ 60
Li'O1
L201
AN ORDINANCE REGULATING THE USE OF LAND IN MOUND BY DISTRICTS INCLUDING
THE REGULATIONS OF THE LOCATION, SIZE, USE AND HEIGHT OF BUILDINGS, THE
ARRANGEMENT OF BUILDINGS ON LOTS, AND THE DENSITY OF POPULATION FOR THE
PURPOSE OF PROMOTING THE PUBLIC HEALTH, SAFETY, ORDER, CONVENIENCE, AND
GENERAL WELFARE OF THE CITIZENS OF MOUND
THE MOUND CiTY COUNCIL DOES ORDAIN AS FOLLOWS:
SECTION 1. TITLE
This Ordinance shall be known, cited, and referred to as the Mound Zoning
Ordinance.
SECTION 2. INTENT AND PURPOSE
This Ordinance is adopted for the purpose of
(1)
(2)
protecting the public health, safety, morals, comfort, convenience
and general welfare.
promoting orderly development of the residential, commercial, industrial,
recreational, and public areas.
(3) conserving the natural and scenic beauty and attractiveness of the city.
(4) conserving and developing natural resources.
(5)
1301 Rules
providing for the compatibility of different land uses and tile most
appropriate use of land throughout the City.
SECTION 3. RULES AND REGULATIONS
The language set forth in the text of this Ordinance shall be interpreted
in accordance with the following rules of construction.
(1)
(2)
(3)
(4)
(5)
(6)
The singular number includes the plural and the plural the singular.
The present tense includes the past and future tenses, and the future
the present.
The word "shall" is mandatory, and the work "may" is permissive.
The masculine gender includes the feminine and neuter genders.
Whenever a word or term defined hereinafter appears in the text of this
Ordinance, its meaning shall be construed as set forth in such definition.
All measured distances expressed in feet shall be to the nearest tenth of
a foot. In event of conflicting provisions, the more restrictive pro-
vision shall apply.
-1-
~efinitions
The following woFds and terms, whenever they occur in this Ordinance, are
defined as follows:
(10)
(11)
(12)
(13)
(1) Accessory Use of Structure - A use or structure or portion of a structure
subordinate to;and serving the principal use structure on the same lot
and customarily incidental thereto.
(2) Administrator - The duly appointed person charged with enforcement of
this Ordinance.
(3) Alley - a public right-of-way which affords a secondary means of access
to abutting property.
(4) Automobile Repair, Major - the general repair, rebuilding, or reconditioning
of engines, motor vehicles or trailer, including body work, frame work,
· and major painting service.
(5) Automobile Repair, Minor - the replacement of any part or repair of any part
which does not require the removal of the engine head or pan, engine,
transmission or differential; incidental body and fender work, minor painting
and upholstering service when said service above is applied to passenger
automobiles and trucks not in excess of 7,000 pounds gross vehicle weight.
(6) Basement - a portion of a building located partly underground but having
half or more of its floor-to-ceiling.height below the average grade of the
adjoining ground.
(7) Bluffline - A line along the top of a slope connecting the points at which
the slope becomes less than 12%. This applies to those slopes within the
land use district(s) which are beyond the setback provisions from the ordinary
high water mark.
(8) Boarding house (Rooming or Lodging House) - A building other than a motel
or hotel where, for compensation and by prearrangement for definite periods,
meals or lodgings are provided for three or more persons, but not to exceed
twenty persons.
(9) Boathouse - A one (1) story structure not to exceed 15 feet in height for
the purpose of storage of boats and accessories, the top of which may be
used as an enclosed deck with safety railings.
Building - Any structure having a roof which may provide shelter or enclosure
of persons, animals, chattel, or property of any kind.
Building Line - A line parallel to the street right-of-way line at any story
level of a building and representing the minimum distance which all or any
part of the building is set back from said right-of-way line.
Building Line, Shoreland, A line measured across the width of the lot
where the main structure is placed in accordance with setback provisions
from the ordinary high water mark.
Building Height - The vertical distance to be measured from the average grade
of a building line to the top, to the cornice of a flat roof, to the deck
line of a mansard roof, to a point on the roof directly above the highest
wall of a shed roof, to the uppermost point on a round or other arch type
roof, to the mean distance of the highest gable on a pitched or hip roof.
-2-
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
Building Setback - The minimum horizontal distance between the building
foundation wall and a lot line.
Business - Any occupation, employment, or enterprise wherein merchandise
is exhibited or sold, or where services are offered for compensation.
Carport.- An automobile shelter having one or more sides open.
Car Wash, Type A - Coin operated self-service. A coin operated,
self-service car wash is defined as a car wash where a person washes
the car himself after depositing a coin in a machine for the use of water.
Car Wash, Type B - Automatic Drive-through. An automatic drive-through
is defined as a car wash where the person drives the car through the wash
and machines clean the car.
Car Wash, Type C - Automatic Conveyor. An automatic conveyor is defined
as a car wash where the car is attached to a conveyor and proceeds through
the line and is washed by machines and men.
Church - A building, together with its accessory buildings and uses, where
persons regularly assemble for religious worship and which building,
together with its accessory buildings and uses, is maintained and controlled
by a religious body organized to sustain public worship.
Clear-cutting - The removal of an entire stand of vegetation.
Commercial recreation - recreational facilities such as bowling alleys,
tennis courts, race tracks, etc., constructed and operated for profit,
by private enterprise.
Clustering/Cluster Housing - The development of a pattern or technique
whereby structures are arranged in closely related groups to make the
most efficient use of the natural amenities of the land.
Comprehensive Plan or Policies - A compilation of goals, policy statements,
standards, programs, and maps for guiding the physical, social, and economic
development, both public and private, of the county and its environs, as
defined in the Minnesota City Planning Act, and includes any unit or part of
such plan separately adopted and any amendment to such plan or parts thereof.
Commissioner - Commissioner of the Department of Natural Resources.
Community Residential Facility - A State licensed group home or foster home
serving mentally retarded or physically handicapped persons.
Conditional Use Permit - A permit specially and individually granted by the
Council after public hearing thereon by the Commission for any conditional
use so permitted in any use district, and is designed to meet the problem
which arises where certain uses, although generally compatible with the basic
use classification of a particular zone, should not be permitted to be located
as a matter of right in every area included within the zone because of hazards
inherent in the use itself or special problems which it's proposed location
may present.
(29)
(30)
(31)
(32)
~33)
~,34)
(36)
(37)
(38)
(39)
(40)
Conmominium- A form of individual ownership with a multi-family buildin9
with joint responsibility for maintenance and repairs, in a condominimum,
each apartment or townhouse is owned outright by its occupant, and each
occupant owns a share of the land and other common property of the buildin9.
Cooperative - A multi-unit development operated fnr and owned by its
occupants. Individual occupants do not own their specific housing unit
outright as in a condominium, but they own shares in the enterprise.
County Board - Hennepin County Board of Commissioners.
Curb Level - The grade elevation established by the governing body of
the curb in front of the center of the building. Where no curb level
has been established, the engineering staff shall determine a curb level
or its equivalent for the purpose of this Ordinance.
Drive-In - Any use where products and/or services are provided to the
customer under conditions where the customer does not have to leave the car
or where fast service to the automobile occupants is a service offered
regardless of whether service is also provided within a building.
Dwelling Unit - A residential building or portion thereof intended for
occupancy by a single family but not including hotels, motels, boarding
or rooming houses or tourist homes.
Dwelling Attached - A dwelling which is joined to another dwelling at one
or more sides by a party wall'or walls.
Dwelling Detached - A dwelling which is entirely surrounded by open
space on the same lot.
Dwelling, One-Family - A building designed exclusively for and occupied
exclusively by one (1) family.
Dwelling, Two-Family - A building designed exclusively for or occupied
exclusively by no more than two (2) families living independently of
each other.
Dwelling, Townhouse - A building designed exclusively for or occupied ex-
clusively for occupancy by between three (3) and six (6) families living
independently of each other. Each dwelling unit is attached horizontally
in a linear arrangement with private front and rear entrances. Each dwelling
unit must be separated from other dwelling units by a fire wall or walls
extending from foundation through the roof with no openings. Each dwelling
unit shall have a totally exposed front and rear wall to be used for entry,
light, and ventilation.
Dwelling, Multiple-Family - A building designed exclusively for or occupied
exclusively by three (3) or more families living independently of each other.
Easement - A grant by a property owner for the use of a strip of land by
the public or any person for any specific purpose or purposes.
;
!
(42)
(43)
(44)
(45)
(46)
(47)
(48)
(49)
(50)
(5i)
Es[.e~itial Services - Overhead or underg~-ound electric, gas, communication,
steam or water transmission or distribution systems anO structures, by
public utilities or governmental departments or commissions or as are
required for protection of the public health, safety, or general welfare,
including towers, poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, and accessories in connection
therewith, but not including buildings.
Exterior Storage (Includes Open Storage) - The storage of 9oods, materials,
equipment, manufactured products and similar items not fully enclosed
by a building.
Family - One or two persons or parents, with their direct lineal descendants
and adopted or legally cared for children (and including the domestic
employees thereof) together with not more than two persons not so related,
living together in the whole or part of a dwelling comprising a single
housekeeping unit. Every additional group of four or less persons living
in such housekeeping unit shall be considered a separate family for the
purpose of this Ordinance.
Fence - A fence is defined for the purpose of this Ordinance as any partition
structure, wall or gate erected as a dividing marker, barrier or enclosure
and located along the boundary, or within the required yard.
Floor Area - The sum of the gross horizontal areas of the several floors of
the building or portion thereof devoted to a particular use, including
accessory storage areas located within selling or working space and
including any basement floor area devoted to retailing activities, to the
production or processing goods, or to business or professional offices.
However, the floor area shall not include: basement floor area other than
area devoted to retailing activities, the production or processing of goods,
or to business or professional offices.
Floor Area Ratio - The numerical value obtained through dividing the gross
floor area of a building or buildings by the net area of the lot or parcel
of land on which such building or buildings are located.
Floor Plan, General - A graphic representation of the anticipated utilization
of the floor area within a building or structure but not necessarily as de-
tailed as construction plan.
Frontage - That boundary of a lot which abuts an existing or dedicated public
street. -
Garage, Private - An accessory building or accessory portion of the principal
building which is intended for and used to store the private passenger ve-
hicles of the family of families resident upon the premises.
Governing Body - Mound City Council
Group Home, Residential - A building or structure where persons reside for
purposes of rehabilitation, treatment, or special care, and which is not
a Community Residential Facility as defined herein. Such persons may be
orphaned, suffer chemical or emotional impairment, or suffer social mal-
adjustment or dependency.
-5-
(53)
(54)
(55)
(56)
(57)
(58)
(59)
(60)
(61)
(62)
(63)
Highway - Any public thoroughfare or vehicular right-of-way with a Federal
or State numerical route designations; any public thoroughfare or vehicular
right-of-way with a Mennepin County numerical route designation.
Home Occupations - Home occupations which shall be defined to mean any
occupation or profession of a service character which is clearly secondary to
the main use of the structure as a one-family private dwelling and does not
change the character thereof. Any activity resulting in noise, fumes, traffic,
light or odor to such an extent that it is noticeable that the property is being
used for non-residential purposes shall not constitute a home occupation. The
use shall be confined to one room within the principal structure; shall be
engaged in only by persons residing in the dwelling; and shall not have special
arkin , li htin , advertising~ or other facilities which would indicate its
use for purposes other than as a one-famil ,~_~_private dwellinq.
Hotel - A building which provides a common entrance, lobby, halls and
stairway and in which twenty or more people are, for compensation lodged with
or without meals.
Kennel, Animal - Any place where more than two of any single type of domestic
animals, over six months or age, are owned, boarded, bred, or offered for sale,
but not including livestock in relation to a farm.
Landscaping - Planting such as trees, grass, and shrubs.
Lodging Room - A room rented as sleeping and living quarters, but without Cookin
facilities. In a suite of rooms, without cooking facilities, each room which
provides sleeping accommodations shall be counted as one lodging room.
Lot - A parcel of land, abutting on a public street or having legal access to
a public street, being a lot designated in a recorded plat or a division, or
being a parcel of record of sufficient size to provide the yards required by
this ordinance.
Lot of Record - Part of a subdivision, the plat of which has been recorded in
the office of the Register of Deeds or Registrar of Titles; or a parcel of land,
the deed to which was recorded in the office of said Register of Deeds, or
Registrar of Titles, in accordance with subdivision regulations and zoning
ordinances of the City in effect at the time of said conveyance.
Lot Area, minimum - The area of a lot in a horizontal plane bounded by the
lot lines, but not including any area occupied by a floodplain as designated
on the adopted HUD/DNR Floodplain Map. or area occupied by a wetland as
designated in sections 650 and 655.
Lot, Corner - A lot situated at the junction of, and abutting on two or more
intersecting streets, or a lot at the point of deflection in alignment of
a continuous street, the interior angle of which does not exceed one
hundred thirty-five degrees.
Lot Depth - The mean horizontal distance between the front lot line and the
rear lot line of a lot.
Lot Line - The property line bounding a lot except that where any portion of
a lot extends into the public right-of-way shall be the lot line for applying
this Ordinance.
-6-
(65)
(65B)
(66)
(67)
(68)
(69)
(70)
(7i)
(72)
(73)
(74)
(75)
Lot Line Front - That boundary of a lot wi~ici~ abuts an existing o~- ~edicat~
public street, and in the case of a corner lot is shall be the shortest dimen-
sion on a public street. If the dimensions of a corner lot are equal, the
front line shall be designed by the owner and filed with the City Council.
Lot Line Rear - That boundary of a lot which is opposite the front lot line.
If the rear line is less than ten feet in length, or if the lot forms a point
at the rear, the rear lot line shall be a line twenty feet in length within
the lot, parallel to, and at the maximum distance from the front lot line.
Lot, Lakeshore - A lot abutting public water maintaining a substantially
parallel street. On a lakeshore lot, special shoreland setback regulations
shall apply.
Lot Line Side - Any boundary of a lot which is not a front lot line or a rear
lot line.
Lot Substandard - A lot of record which does not meet the minimum lot area,
structure setbacks or other dimensional standards of this Ordinance.
Lot, Through - A lot which has a pair of opposite lines abutting two sub-
stantially parallel streets, and which is not a corner lot. On a through
lot, both street lines shall be front lines for applying this Ordinance.
Lot Width - The maximum horizontal distance between the side lot lines of a
lot measured at the setback line.
Hetes and Bounds - A method of property description by means of their direction
and distance from an easily identifiable point.
Motel (Tourist Court) - A building or group of detached, semi-detached, or
attached buildings containing guest rooms or dwellings, with garage or parking
space conveniently located to each unit, and which is designed, used, or
intended to be used primarily for the accommodation of automobile transients.
Motor Fuel Station - A retail place of business engaged primarily in the sale
of motor fuels, but also may be engaged in supplying goods and services
generally associated with the operation and maintenance of motor vehicles.
These may include sale of petroleum products, sale and servicing of tires,
batteries, automotive accessories, and replacement of items, washing and
lubrication services; and the performance'of minor automotive maintenance
and repair.
Motor Fuel Station, Convenience Store - A store operated in conjunction with a
motor fuel station for the purpose of offering for sale goods nob essential
to the motoring public.
Nursery, Landscape - A business growing and selling trees, flowering and
decorative plants and shrubs and which may be conducted within a building
or without, for the purpose of landscape construction.
Nursing Home - A building with facilities for the care of children , the
aged, infirm, or place of rest for those suffering bodily disorder. Said
nursing home shall be licensed by the State Board of Health as provided for
in Minnesota Statute, Section 144.50.
-7-
(76)
Obstruction - Any dam, wall, wharf, embankment, levee, dike pile, abutment,
projection, excavation, channel rectification, culvert, building, wire, fence,
stockpile, refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or regulatory flood hazard area which may impede
retard, or change the direction of the flow of water, either in itself or by
catching or collecting debris carried by such water, or that is placed where
the flow of water might carry the same downstream to the damage of life or
property.
(77)
Off-Street Loading Space - A space acCessible from a street, alley or drive-
way for the use of trucks or other vehicles while loading or unloading
merchandise or materials. Such space shall be of size as to accommodate one
vehicle of the type typically used in the particular business.
(78)
Open Sales Lot (Exterior Storage) - Any land used or occupied for the purpose
of buying and selling goods, materials, or merchandise and for the storing
of same under the open sky prior to sale.
(79)
Ordinary Highwater Mark - A mark delineating the highest water level which has
been maintained for a sufficient period of time to leave evidence upon the
landscape. The ordinary high water mark is commonly that point where the
natural vegetation changes from predominantly aquatic to predominately terres-
trial. In areas where the ordinary high water mark.is not evident, setbacks
shall be measured from the stream bank of the following water bodies that have
permanent flow or open water: the main channel, adjoining side channels,
backwaters and sloughs.
(8O)
Parking Space - A suitably surfaced and permanently maintained area on privately
owned property either within or outside of a building of sufficient size to
store one standard automobile.
(81)
Pedestrian Way - A public or private right-of-way across or within a block,
to be used by pedestrians.
(82)
Performance Standard - Criterion established to control noise, odor, toxic or
noxious matter, vibration, fire or explosive hazards, or glare or heat generated
by or inherent in uses of land or buildings.
(83) Planning Commission - The Planning Commission of the City of Mound.
(84)
Principal Structure or Use - One which determines the predominant use as
contrasted to accessory use or structure.
(85)
Property Line - The legal boundaries of a parcel of property which may also
coincide with a right-of-way line of a road, cartway, and the like.
(86)
Protective Covenant - A contract entered into between private parties which
constitutes a restriction of the use of a particular parcel of property.
(87)
Public Land - Land owned or operated by municipal, school district, county
state or other governmental units.
(88)
Reach - A hydraulic engineering term to describe a longitudinal segment of a
stream or river influenced by a natural or man-made obstruction. In an urban
area, the segment of a stream or river between two consecutive bridge cross-
(89)
(90)
(91)
(92)
(93)
(94)
(95)
(96)
(97)
(98)
(99)
(100)
ings would most typically constitute a reach.
Recreation, Public - Includes all uses such as tennis courts, ball fields,
picnic areas, and the like that are commonly provided for the public at
parks, playgrounds, community centers, and other~sites owned and operated
by a unit of government for the purpose of providing recreation.
Recreation Equipment - Play apparatus such as swing sets and slides,
sandboxes, poles for nets, unoccupied boats, and trailers not exceeding
twenty feet in length, picnic tables, lawn chairs, barbecue stands, and
similar equipment or structures but not including tree houses, swimming
pools, play houses exceeding twnety-five square feet.of floor area, or
sheds utilized for storage of equipment.
Registered Land Survey - A survey map of registered land designed to simplify
a complicated metes and bounds description, designating the same into a tract
or tracts of a Registered Land Survey Number. See Minnesota Statutes 508.47.
Restaurants (Class I) - Traditional Restaurant - Food served and consumed
by a customer while seated-at a counter or table and the restaurant does
not serve intoxicating liquor or provide live entertainment.
Cafeteria: Food is selected by a customer while going through a serving
line and taken to a table for consumption.-
Restaurants (Class II) - Fast Food, Convenience, Drive-in and Liquor
Service Restaurants - A restaurant where a majority of customers order and
are served their food at a counter in packages prepared to leave the premises,
or able to be taken to a table, counter, automobile, or off the premises
to be consumed; or a drive-in where most customers consume their food in an
automobile regardless of how it is served; or restaurants which serve in-
toxicating liquor or have live entertainment.
Road - A public right-of-way affording primary access by pedestrians and
vehicles to abutting properties, whether designated as a street, highway,
thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or
however otherwise designated. Ingress and egress easements shall not be
considered roads.
Selective Cutting - The removal of single scattered trees.
Street - A public right-of-way which affords primary means of access to
abutting property, and shall also include avenue, highway, road, or way.
Shoreland Setback - The minimum horizontal distance between a structure
and the normal high water mark.
Street, Collector - A street which serves or is designed to serve as a traffic-
way for a neighborhood or as a feeder to a major road.
Street, Major or Thoroughfare - A street which serves, or is designed to
serve, heavy flows of traffic and which is used primarily as a route for
traffic between communities and/or other heavy traffic generating areas.
Street, Local - A street intended to serve primarily as an access to ab~tting
properties.
-9-
lioi)
(io2)
(103)
(io4)
(105)
(106)
(io7)
(108)
(lO9)
(110)
(111)
(112)
(ii3)
Street ?ave;nent - lhe wearing or exposed surface of the roadway uscN ~3y
vehicular traffic.
Street Width - The width of right-of-way, measured at right angles to the
centerline of the street.
Story - That portion of a building included between the surfacp of any floor
and the surface of the floor next above, the spaae between the floor and
the ceilin9 next above. A basement shall be counted as a full story, and a
cellar shall not be counted as a story.
Structure - Anything constructed, the use of which requires more or less
permanent location on the ground; or attached to somethin9 having a permanent
location on the ground.
Structural Alteration - Any change, other than incidental repairs, which would
affect the supporting members of a building, such as bearing walls, columns,
beams, girders, or foundations.
Subdivision - A subdivision is the dividing of any parcel of land into two
or more parcels.
Travel Trailer - A vehicle without motor power used or adaptable for living,
sleeping, business, or storage purposes, having no foundation other than
wheels, blocks, skids, jacks, horses, or skirting, which does not meet
building code requirements and has been or reasonably may be equipped with
wheels or other devices for transporting the structure from place to place.
The term "Trailer" shall .include camp car, camp bus, camper and house car.
A permanent foundation shall not change its character unless the entire
structure is erected in accordance with the Minnesota Building Code.
Use - The purpose or activity for which the land or building thereon is
designated, arranged or intended, or for which it is occupied, utilized or
maintained.
Use, Accessory - A use subordinate to and serving the principal use or
structure on the same lot and.customarily incidental thereto.
Use, Non-Conforming - Use of land, buildings or structures legally existing
at the time of adoption of this Ordinance which does not comply with all the
regulations of this Ordinance or any amendments hereto governing the
zoning district in which such use is located.
use, Permitted - A public or private use which of itself conforms with the
purposes, objectives, requirements, regulations and performance standards
of a particular district.
Use, Principal - The main use of land or buildings as distinguished from
subordinate--or accessory uses. A "principal use" may be either permitted
or conditional.
Use, Conditional - See Conditional Use.
-10-
(114)
(115)
(116)
Variance - A modification or variation of the provisions of this Ordinance
where it is determined that by reason of special and unusual circumstances
unique to the individual property under consideration , strict application
of the Ordinance would cause an undue or unnecessary hardship, or that strict
conformity with the provisions of this Ordinance would be unreasonable, and
granting a variance would be in keeping with the spirit and intent of the
Ordinance.
Wetland - Land which is annually subjective to periodic or continual in-
undation by water and commonly refered to as a bog, swamp, or marsh.
Yard - A required open space on a lot which is unoccupied and unobstructed
by a structure from its lowest level to the sky except as permitted in this
Ordinance. The yard extends along the lot line at right angles to such
lot line to a depth or width specified in the setback regulations for the
zoning district in which such lot is located.
(117)
Yard, Rear - The portion of the yard on the same lot with the principal
building located between the rear line of the building and the rear lot
line and extending for the full width of the lot.
(118)
Yard, Side - The yard extending along the side lot line between the front
and rear yards to a depth or width required by setback regulations for the
zoning district in which such lot is located.
(119) Yard, Front - A yard extending along the full width of the front lot line
between side lot lines and extending from the abutting street right-of-way
line to depth required in the sutback regulations for the zoning district
in which such lot is located.
(120) Zoning Amendment - A change authorized by the City either in the allowed
use within a district or in the boundaries of a district.
(121) Zoning District - An area or areas within the limits of the City for which
the regulations and requirements governing use are uniform.
-11-
L402
(1)
(2)
(3)
In their interpretation and application, the provisions of this 0rdinanct
shall be held to be the minimum requirements for the promotion of the
public health, safety, morals, and Welfare.
Where the conditions imposed by any provisions of this Ordinance are
either more restrictiVe or less restrictive than comparable conditions
imposed by any other law, ordinance, statute, resolution, or regulation of
any kind, the regulations which are more restrictive or which impose
higher standards or requirements shall prevail.
Except as in this Ordinance specifically provided, no structure shall
be erected, converted, enlarged, reconstructed, or altered, and no
structure or land shall be used, for any purpose nor in any manner
which is not in conformity with this Ordinance.
It is hereby declared to be the intention that the several provisions of this
Ordinance are separable in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any provisions of this
Ordinance to be invalid, such judgment shall not affect any other
provisions of th}s Ordinance not specifically included in said judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application
of any provision of this Ordinance to a particular property, building, or
structure, such judgement shall not affect other property, buildings, or
structures.
1403
1404
Existing Lots of Record
A lot of record in a residential district may be used for single-family
detached dwelling purposes provided the area thereof meets all setback
and minimum lot area requirements of this Ordinance, provided:
(1) it has frontage on an improved public right-of-way;
(2) it was under separate ownership from abutting lands upon or prior to the
effective date of this Ordinance.
Non-Conforming Uses
(i)
(2)
(3)
Any structure or use lawfully existing upon the effective date of this
Chapter may be continued at the'size and in a manner of operation existing
upon such date.
Nothing in this Chapter shall prevent restoring of a structure to safe
condition when said structure is declared unsafe by the City, providing
further that the necessary repairs shall not constitute more than 50% of
the fair market value of such structure.
When any lawful non-conforming use of any structure or land in any district
has been changed to a conforming use, it shall not thereafter be changed to
any non-conforming use.
-12-
(4)
(8)
Whenever a lawful non-conforming structure shall have been damaged by
fire, flood, explosion, earthquake, war, riot, or act of God, it may be
reconstructed and used as before if it be reconstructed within twelve
(12) months after such calamity, unless the damage the building or structure
is 50 percent or more of its fair market value as shown on the assessors
records at the time of damage in which case the whole thereof shall be
demolished and any construction thereafter shall be for a use in accordance
with the provisions of this ordinance.
(5) Whenever a lawful non-conforming use of a structure or land is discontinued
for a oeriod of twelve (12) months, any future use of said structure or land
shall be in conformity with the provisions of this Chapter.
(6) A lawful non-conforming use of a structure or parcel of land may be changed
to a similar non-conforming use or to a more restrictive non-conforming use.
Some non-conforming uses are permitted by conditional use permits. Once
a strucutre or parcel of land has been placed in a more restrictive non-
conforming use, it shall not return to a less restrictive non-conforming
use.
(7) Normal maintenance of a building or other structure containing or related to
a lawful non-conforming use is permitted, including necessary non-structural
repairs and incidential alterations which do not extend or intensify the
non-conforming use.
Alterations may be made to a building containing lawful non-conforming
residential units when they will improve the livability thereof, provided
they will not increase the number of dwelling units or bulk of the building,
with the recommendation and approval of the City Council.
1405.
Zoning Coordination
Any zoning district change on land adjacent to or across a public right-of-way
from an adjoining community shall be referred to the Planning Commission,
and the adjacent Community for review and comment prior to action by the City
Council granting or denying the zoning district classification change. A
period of at least thirty days shall be provided for receipt of comments;
such comments shall be considered as advisory only.
Zonino and Land Use Plan
Any change in zoning granted by the City Counil shall automatically amend the
Land Use Plan and the Land Use Map in accordanc'e with said zoning change.
1407' Accessory Buildings
(2)
(3)
(1) No accessory building or structure shall be constructed on any
residential lot prior to the time of construction of the principal
building to which it is accessory.
No accessory building shall exceed the height of the principal building
in the R Districts.
In Residential Districts, no accessory building shall exceed 10 percent
of the lot area, ~nd in no case exceed 840 square feet of floor area
except by conditional use permit.
(4) In Commercial and Industrial Districts all accessory building setbacks
shall equal the principal building setback requirements.
(5) Accessory Residential Building .Setback Requirements
a. Side Yard Setbacks
A detached accessory building may be located within 4 feet of the
side lot line in the rear yard with a minimum-of 6feet setback
in side yard location. On throu§h and lakeshore lots, a
detached accessory building may be~located within four feet of
the side lot line in the front yard.
b. 'Front'Yard Setbacks
All accessory buildings shall meet .the same front yard setback
requirements as the principal building, except for lakeshore
and through lots.
For detached garages on a lakeshore or through lot, a minimum of
20 foot front yard setback is required if the garage door(s)
open to the street; an 8 foot front yard setback is required if
the garage door(s) open to the side lot line.
1408
(6)
c. Rear Setback
A detached accessory building may be located within 4 feet of the
rear lot line.
Every swimming pool shall be enclosed by a fence or wall sufficient
to prevent uncontrolled access by small children and are allowed
only in the rear yard maintaining setbacks of accessory structures.
Required Yards and Open. Space
(1)
(2')
(3)
No yard or other open space shall be reduced in area or dimension so as
to make such yard or other open space less than the minimum required by
this Ordinance, and if the existing yard or other open space as existing
is less than the minimum required, it shall not be further reduced.
No required yard or other open space allocated to a building or dwelling
group shall be used to satisfy yard, other open space, or minimum lot
area-requirements for any other building.
The following shall not be considered to be encroachments on yard
requirements.
a. Belt courses, leaders, sills, pilasters, lintels, ornamental
features, mechanical devices, cornices, eaves, gutters, and the
like, provided they do not extend more than two feet into a yard.
b. Terraces, steps, uncovered porches, stoops or similar structures,
which do not extend in elevation above the height of the ground
floor elevation of the principal building and do not extend to
a distance of less than 2 feet from any lot line.
(4)
(5)
C. hocks, balconqo~ ="~ *~ like, atta-~'~" "lng
...... , ..... ~,,:~ to the princiT)al buii~
which extend in eievazion above the height of the ground floor
elevation of the principal building prov~aed ~¼ey do not extend
within 10 feet of the rear lot line or extend beyond side yard
and front yard accessory building setbacks.
Buildings may be excluded from side yard requirements if party walls
are utilized Or if the adjacent buildings are planned to be constructed
as an integral structure and a conditional use pemit is secured.
Lots which abut on more than one street shall provide the required
front yards along every street except for lots of record which shall
provide a side yard setback abutting the street based on the.lot
width as follows:
Lot Width
Minimum Side Yard Setback
On Corner Lots
40-50 feet 10 feet
51-80 feet 20 feet
81 feet or more 30 feet
STREET
120'
STREET
30'
6 '. 2
15'
100'
I
I
I
]i
100'
10'
1!
30'
30'
STREET
I F-
(6)
Where adjoining structures existing on the effective date of this Ord-
inance have a shorter setback from that required, the front setback
of a new structure shall conform to the average of the setback observed
by the adjoining houses on either side, but not closer than 20 feet.
(7)
(8)
In all districts, pPincipal structures shall be 50 feet or more from the
mean high water line when the property abuts a lake or stream. No
structure, except piers, and docks, shall be placed at an elevation
such that the lowest floor, including basement floors, is less than
three feet above the highest known water level.
No building permit shall be issued for any lot or parcel which does not
abut a dedicated public street.
1409 Access Drives and Access
The number and types of access drives onto major streets may be controlled
and limited in the interests of public safety and efficient traffic flow.
Access drives onto county roads shall require a review by the County Engineer.
The County Engineer shall determine the appropriate location, size, and design
of such access drives and may limit the number of access drives in the interest
of public safety and efficient traffic flow.
Access drives to principal structures which traverse wooded, steep, or open
field areas shall be constructed and maintained to a width and base material
depth sufficient to support access by emergency vehicles. The Administrator
shall review all access drives (driveways) for compliance with accepted
con~nunity access drive standards. All driveways shall have a minimum width
of twelve (12) feet with a pavement strength capable of supporting any
emergency vehicles.
All lots or parcels shall have direct adequate physical access for emergency
vehicles along the frontage of the lot or parcel from an existing dedicated
public roadway.
1411
Property Abuttin9 Cou.nt~/ Road
The front yard setback for all dwelling units shall be 50 feet from the
public right-of-way.
Residential Minimum Floor Area Requirement~
The following minimum requirements shall be applied to all new residential
dwelling construction:
(1) Single-Family detached dwelling
(2) Two Family dwellings
840 sq. ft. per dwelling
800 sq. ft. per dwelling
(3) Townhouse dwellings:
1 bedroom 760 sq.ft, above grade
2 bedroom 880 sq.ft, above grade
3 bedroom 960 sq.ft, above grade
Each Add'l Bedroom (add 120 sq.ft.)
(4) Multi-Family Dwellings:
a. Efficiency Unit
b. 1 bedroom unit
c. ~2 bedroom unit
480 sq. ft. minimum
640 sq. ft. minimum
760 sq. ft. minimum
d. 3 or more bedrooms - add 100 sq. ft. per bedroom to requirements
for a 2 bedroom unit.
1412 Essential Services
Essential services and public utilities, except building, shall be permitted as
authorized and regulated by State law and the City Code, it being the intention
that such are exempt from the application of this Chapter when located within public
easements. ~
1413 Planned Development Area
1413.1
Purpose
The purpose of this section of the zoning code is to provide a method by
which parcels of land in the Residential Use Districts having unusual building
characteristics due to subsoil conditions, topographic conditions, elevation
of water table, unique environmental considerations, or because of the parcel's
unusual shape or location in relationship to lakes, trees or other natural
resources requires more unique and controlled platting techniques to protect
and promote the quality of life in the City.
I,~ I
_10
The owner or owners of any tract or tracts of land ~n the residential d~stricts
may submit to the City Council for approval, a plan for the use and development
or such a tract of land as P.D.A. by making application for a Conditional Use
Permit authorizing completion of the project according to the plan. The plan for
the proposed project shall conform to the requirements of the use district within
which the land is located except as hereinafter modified.
(1) The tract of land for which a project is proposed and a permit requested
shall not be less than two (2) acres.
(2)
The application for the Conditional Use Permit shall include a detailed pre-
liminary plan, and shall be submitted in complete conformance with the City
subdivision regulations or with all variances detailed and explained.
Variances to the requirements of the subdivision ordinance may be approved
by the City Council upon a showing that the public health, safety and welfare
will not be adversely affected and further that the development plan will not
have an adverse effect on adjacent properties. All variances must be so noted
on the preliminary plan at the time of application.
(3)
The application for the Conditional Use Permit shall include a detailed pre-
liminary plan, and shall be submitted in complete conformance with the city
subdivision regulations or with all variances detailed and explained. Variance~
to the requirements of the subdivision ordinance may be approved by the City
Council upon a showing that the public health, safety, and welfare will not
be adversely affected and further that the development plan will not have an
adverse effect on adjacent properties. All variances must be so noted on the
preliminary plan at the time of application.
(.4)
The number of dwelling units proposed for the entire site shall not exceed the
total number permitted under the density control provision for the use district
within which the land is located.
(5) The density in the plan shall not exceed the maximum for the zoning district.
(6)
All housing types included as permitted uses in the residential district may
be included in the P.D.A. Each lot as shown on the plan shall have indicated
on it the maximum number of dwelling units to be permitted within a single
building.
(7)
Open space and parkland dedication or cash in lieu thereof pursuant to th~ re-
quirements of Section 22.37 of the City Code shall be required. The land which
is to be set aside as open space shall be clearly indicated on the plan. Pro-
visions for recreational area and for continual maintenance of the area not
dedicated and accepted by the City shall be required.
(8)
The concept of cluster platting or zero lot line development will be reflected
by the P.D.A. and must be shown on the plan and subject to all conditions
imposed by the Conditional Use Permit.
-19-
(9)
I~o conveyance of property within the P.D.A. snall take place until the propertS
is platted in conformance with the City subdivision regulations and M.§.A. 462.3
or unless specifically waived by variance. All bylaws, Home Owner's Association
Articles of Incorporation, and Protective Covenants must be approved by the City
Attorney and filed with the record plat.
(10)
Approval of a P.D.A. Conditional Use Permit shall be by the City Council
after recommendation by the City Planning Commission and.all improvements
required by Section 22 of the City Code shall be constructed by the developer
at its sole cost. The applicant must provide the City with a surety bond
or other financial guarantee to guarantee the construction of all improvements
required in accordance with City specifications.
(11)
The land utilized by public utilities, such as easements for major facilities,
(electrical transmission lines, sewer lines, drainage easement and water mains),
where such land is not available to the owner or developer for development
because of such elements, shall not be considered as part of the gross acreage
in computing the maximum number of lots or denisty that may be created under
the procedure described in this ordinance.
(12)
The maximum number of lots that may be approved shall be computed by subtracting
from the total gross acreage available for development under this Planned
Development Area procedure, the actual amount of street right-of-way required
and that land in (11) which is not available, and by dividing the remaining
area by the minimum lot area requirements of the existing "R" district or
districts in which the development is to be located.
(13)
After approval of the Conditional Use Permit, the applicant, owner or developer,
before commencing any work or obtaining any building permits shall make a
minimum cash deposit of $100 per acre or any portion of an acre thereof. The
Council shall establish the amount required for deposi.t at the .time the P.D.A.
is approved and this deposit shall be held in a special Developer's Escrow
Account and shall be credited to the said applicant, owner, or developer.
Engineering and legal expenses incurred by the City of Mound in plan approval,
office and field checking, checking and setting grade and drainage requirements,
general supervisions, staking, inspection, drafting as-built drawings and all
other engineering services performed in the processing said development, and
all administrative and legal expenses in examining title to the property and
in reviewing all documents described in paragraph 9 for the land being developed
shall be charged to the aforementioned account and shall be credited to the
City of Mound for the payment of these expenses.
If at any time it appears that a deficit will occur in any Developer's Escrow
Account as deterrained by the City Manager, said officials shall
recommend to the Council that an additional deposit is required and the Council
may require that an additional deposit is required and the Council may require that
the applicant, owner, or developer shall deposit additional funds in the Developer's
Escrow Account.
-20-
The City Manager or Clerk shall itemize all services and materials
billed to any Developer's Escrow Account. The applicant, owner or developer
making the deposit(s) in the Developer's Escrow Account shall be furnished a
copy of said itemized charges and any balance remaining in the account upon
completing the project shall be returned to the depositor by the Clerk after all
claims and charges thereto have been paid.
1414
115
Docks Servin9 Commercial Property
Docks to serve property located in Districts B-l, B-2 or B-3 shall be permitted
only after the issuance of a conditional use permit according to Section 1505.
Any conditional use permit granted by the Council shall be conditioned as follows:
The residential property on which dockage is to be located and the commercial
property served shall be in common ownership and shall be located within
300 feet of the property line of the commercial property.
(2) The mooring of boats at such dock shall be limited to a maximum of four
hours.
(3) No gas, oil or other product may be sold from the dock and no servicing of
boats will be. permitted.
(4) One sign for identification will be allowed but it shall not exceed a total
of six (6) square feet in size.
(5)
Ingress and egress from the residential lot shall be restricted to the
property held under common ownership and adequate safeguards shall be provided
so that persons docking will not trespass on private property or on any
public property except for properly designated streets or sidewalks.
(6) The owner shall be required to meet and comply with all the standards and
requirements of the Lake Minnetonka Conservation District.
Minnesota Environmental Quality Board Regulation
It is the intent of this zoning ordinance to comply wi'th all state regulations
relating to environmental concerns, specifically to Chapters 105 and 116D,
Minnesota Laws of 1976, as amended. In all administrative review procedures, at
thetime of application, the administrator shall determine the need for the pre-
paration of an environmental assessment according to MEQB regulations. If an
environmental assessment is prepared, all other action on applications shall cease
pending ruling from the Minnesota Environmental Quality Board.
-21-
1501
SECTION 5. ADMINISTRATION
Enforcing Officer
The City Manager or his designate shall enforce this Ordinance and shall perform
the following duties of the Administrator:
- Issue occupancy building and other permits, and make and maintain records
thereof.
- Conduct inspections of buildings and use of land to determine compliance
with the terms of this Ordinance.
- Maintain permanent and current records of this Ordinance, including but
not limited to: all maps, amendments, and special uses, variances, appeals
and applications therefore.
- Receive, file, and forward all applications for appeals, variances, special
uses or other matters to the designated official bodies.
- Institute in the name of the City, any appropriate actions or proceedings
against a violator as provided for.
- Serve as an ex-officio non-voting member of the Planning Commission.
Appeals and the Board of Adjustment and Appeals
The Board of Appeals and Adjustments shall be the City Council. The Planning
Commission shall hear and advise the City Council of its findings and determinations.
The Board of Adjustment and Appeals shall act upon all questions as they may arise
in the administration of this Ordinance, including the interpretation of zoning maps,
and it shall hear and decide appeals from and review any order, requirement,
decision, or determination made by an administrative official charged with enforcing
the Ordinance. Such appeal may be taken by any person, firm or corporation aggrieved
or by any officer, department, board or bureau of a town, municipality, county or
state.
The conditions for the issuance of a variance are as indicated in Section 1506 of
this Ordinance. No use variances (a use different from that permitted in the
district) shall be issued by the Board of Adjustment and Appeals.
Hearings of the Board of Adjustment'and Appeals shall be held within such time
and upon such notice to interested parties as is provided in its adopted rules
for the transaction of its business. The Board shall, within a reasonable time,
make its order deciding the matter and shall serve a copy of such order upon
the appellant or petitioner by mail. Any party may appear at the hea~ing'in
person or by.agent or attorney.
The Board of Adjustment and Appeals may reverse or affirm wholly or partly
or modify the order, requirement, decision, or determination as in its opinion
ought to be made in the premises and to that end shall have all the powers
of the officer from whom the appeal was taken and may issue or direct the
issuance of a permit. The reasons for the Board's decision shall be stated.
1503
Planning Commission
The Planning Commission established pursuant to Chapter nine of the City Code shall
provide assistance to the City Council and Administrator in the administration of
this ordinance and at the recommendation of the Planning Commission shall review,
hold public hearings, and make recommendations to the City Council on all applications-
for zoning amendments and conditional use permits using the criteria in Sections
1504 and 1505.
504
504.1
Zoning Amendments
Criteria for Granting Zoning Amendments
(1)
The City Council may adopt amendments to the Zoning Ordinance and zoning
map in relation both to land uses within a particular district or to the
location of the district lines. Such amendments shall not be issued
indiscriminately, but shall only be used as a means to reflect changes in
the goals and policies of the community as reflected in the Plan or changes
in conditions in the City.
504.2
Procedure
(1)
An amendment to the text of the Ordinance or zoning map may be initiated by
the City Council, the Planning Commission or by application of a property
owner. Any amendment not initiated by the Planning Commission shall be referred
to the Planning Commission for review and may not be acted upon by the Council
until it has received the Planning Commission recommendations. Individuals
wishing to initiate an amendment to the Zoning Ordinance shall fill out a
zoning amendment application form and submit it to the Zoning Administrator.
-23-
(2)
The property owner applying for a zoning amendment shall fill out and
submit to the Administrator a rezoning application form. A site plan
must be attached or drawn below at a scale large enough for clarity show-
ing the following information:
1. Location and dimensions of: lot, building, driveways, and off-
street parking.
e
Distance between: building and front, side, and rear lot lines;
principal building and accessory buildings; principal building and
principal buildings on adjacent lots.
3. Location of: signs, easements, underground utilities, etc.
(3)
4. Any additional information as may reasonably be required by the
Administrator and applicable sections of the zoning ordinance.
A public hearing on all rezoning shall be held by the City Council.
Notice of said hearing shall be published in the official newspaper
designed by the City Council at least ten (10) days prior-to the public
hearing. The City Clerk shall mail the same notice to the owners of
property located within three hundred and fifty (350) feet of the outer
boundaries of the land proposed to be rezoned. The notice shall include
the description of the land and the proposed changes'in zoning. The
Planning Commission shall make its report to the Mound City Council at
its next regular meeting following its action recommending approval,
disapproval or modified approval of the proposed amendment.
(4)
The Mound Planning Commission must take action on the application within
sixty days following referral. The person making the application shall
be notified of the action taken. 'The Zoning Administrator shall maintain
records of amendments to the text and zoning map of the Ordinance. The
City Council may not act until it has received the advice from the Planner-
or 60 days has passed from referral.
(5)
No application of a property owner for an amendment to the text of the
Ordinance or the zoning map shall be considered by the Planning Commission
within the one-year period following a denial of such request, except the
Planning Commission may permit a new application, if in the opinion of the
Planning Commission, new evidence or a change of circumstances warrant it.
-24- i,~/~
Conditional Use Permits
Criteria for Granting Conditional Use Permits
In granting a conditional use permit, the Mound City Council shall consider
the advice and recommendations of the Planning Commission and the effect of
the proposed use upon the health, safety, morals and general welfare of occupants
of surrounding lands. Among other things, the City Council may make the
following findings where applicable.
(1)
That the conditional use will not be injurious to the use and enjoyment
'of other property in the immediate vicinity for the purposes already
permitted, nor substantially diminish and impair property values within
the in~nediate vicinity.
(2)
That the establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding vacant property
for uses predominant in the area.
(3) That adequate utilities, access roads, drainage and other necessary
facilities have been or are being provided.
(4) That adequate measures have been or will be taken to provide sufficient
off-street parking and loading space to serve the proposed use.
(5)
That adequate measures have been or will be taken to prevent or cOntrol
offensive odor, fumes, dust, noise and vibration, so that none of these
will constitute a nuisance, and to control lighted signs and other
lights in such a manner that no disturbance to neighboring properties
will result.
(6) The use, in the opinion of the City Council, is reasonably related to the
overall needs of the City and to the existing land use.
(7)
The use is consistent with the purposes of the zoning code and the
purposes of the zoning district in which the applicant intends to locate
the proposed use.
(8)
(9)
(10)
(12)
The use is not in conflict with the policies plan of the City.
The use will not cause traffic hazard or congestion.
Existing uses adjacent will not be adversely affected because of
curtailment of customer trade brought about by intrusion of noise,
glare or general unsightliness.
The developer shall submit a time schedule for completion of the project.
Thedeveloper shall provide proof of ownership of the property to the
Zoning Officer.
-25-
Additional Conditions
In permitting a new conditional use or the alteration of an existing conditional
use, the City Council may impose, in addition to those standards and require-
ments expressly specified by this Ordinance, additional conditions which the
City Council considers necessary to protect the best interest of the surround-
ing area or the community as a whole. The conditions may include, but are not
limited to the following:
(1) Increasing the required lot size or yard dimension.
(2) Limiting the height, size or location of buildings.
(3) Controlling the location and number'of vehicle access points.
(4)
(5)
Increasing the street width.
Increasing the number of required off-street parking spaces.
(6) Limiting the number, size, location or lighting of signs.
(7)
Requiring diking, fencing, screening, landscaping or other facilities
to protect adjacent or nearby property.
(8)
Designating sites for open space. Any change involving structural
alterations, enlargement, intensification of use, or similar change
not specifically permitted by the conditional use permit issued shall
require an amended conditional use permit and all procedures shall
apply as if a new permit were being issued. The Zoning Administrator
shall maintain a record of all conditional use permits issued including
information 09 the use, location, and conditions imposed by the City
Council; time limits, review dates, and such other information as may
be appropriate.
1505.3
Procedure
(1)
The person applying for a conditional use permit shall fill out and
submit to the Zoning Administrator a conditional use application form.
A site plan must be attached at a scale large enough for clarity show-
ing the following information:
a. Location and dimensions of: lot, building, driveways, and off-
street parking spaces.
Distance between: building and front, side, and rear lot lines;
principal building and accessory buildings; principal building and
principal buildings on adjacent lots.
c. Location of:
signs, easements, underground utilities, etc.
-26-
Any additional information as may reasonably be required by the
Administrator and applicable sections of the zoning ordinance,
including but not limited to the following:
- site plan drawn at scale dimensions with setback noted.
- location of all buildings, heights, and square footage.
- curb cuts, driveways, parking spaces.
- off-street loading areas.
- drainage plan.
- type of business, proposed number of employees by shift.
- proposed floor plan with use indicated and building elevations.
- sanitary sewer and water plan with estimated use per day.
- a lighting plan showing the lighting of parking area, walks,
security lighting and driveway entrance lights.
- a landscape plan with a schedule of the plantings.
(2) The Zoning Administrator shall refer the application to the Planning
Commission for review.
(3)
(4)
The City Council shall hOld a public hearing on the proposal.
Notice of the public hearing shall be published in the official newspaper
designated by the City at least ten (10) days prior to the hearing.
Notice of the hearing shall also be mailed to owners of property located
within three hundred fifty (350) feet of the outer boundaries of the
land to which the conditional use will be applicable. The notice shall
include a description of the land and the proposed conditional use.
The report of the Planning Commission shall be placed on the agenda of
the Mound City Council at a regular meeting following referral from
the Planning Commission.
(5)
(6)
The City Council must take action on the application after receiving
the report of the Planning Commission. If it grants the conditional
use permit, the City Council may imposJ conditions (including time limits}
it considers necessary to protect the public health, s~fety and welfare
and such conditions may include a time limit for the use to exist or
operate. _~
An amended conditional use permit application shall be administered in
a manner similar to that required for a new conditional use permit.
Amended conditional .use permits shall include requests for changes in
conditions, and as otherwise described in this Ordinance.
(9)
(lO)
(11)
No application for a conditional use permit shall be resubmitted for
a period of one year from the date of said order of denial.
If ~ time limit or periodic review is included as a condition by
which a conditional use permit is granted, the conditional use permit
may be reviewed at a public hearing with notice of said hearing
published at least ten {10) days prior to the review; it shall be the
responsibility of' the Zoning Administrator to schedule such.public
hearings and the owner of land having a conditional use permit shall
not be required to pay a fee for said review. A public hearing for
annual review of a conditional use permit may be granted at the dis-
cretion of the City Council.
In the event that the applicant violates any of the conditions set
forth in this permit, the City Council shall have the authority to
revoke the conditional use permit.
Bond. For any required screening, landscaping or other improvements,
the City Council may request that any applicant file with the Clerk
a bond or other financial guarantee in the amount of one and one-quarter
times the Engineer's estimate of the cost of the required improvement.
After the approval of the Conditional Use Permit, the applicant, owner
or developer, before commencing any work or obtaining any building
permits, may be required to make a minimum cash deposit of $250.00
The Council may establish an amount ~bove the minimum deposit.at't~e time
the permit is approved and this deposit shall.be held in a special
Developer's Escrow Account and shall be credited'to the said applicant, owner,
or developer.
Engineering and legal expenses incurred by the City of Mound in plan
approval, office and field checking, checking and setting grade and drain-
age requirements, general supervisions, staking, inspection, drafting
as-built drawings and all other engineering services performed in the
processing of said development, and all administrative and legal expenses
in examining title to the property and in reviewing or preparing all
documents for the land being developed shall be charged to the afore-
mentioned account and shall be credited to the City of Mound for the
payment of these expenses.
If at any time it. appears that a deficit will occur in any Developer's
.Escrow Account as determined by the City Manager, said officials shall
recommend to the £ouncil that an additional deposit is required and the
Council may require that the applicant, owner or developer shall deposit
additional funds in the'Developer's Escrow Account.
The City Engineer and City Attorney shall itemize all services
and materials billed to any Developer's Escrow Account. The
applicant, owner or developer making the deposit(s) in the Developer's
Escrow Account shall be furnished a copy of said itemized charges
and any balance remaining in the account upon completing the project
shall be returned to the depositor by the Clerk after all claims and
charges thereto have been paid.
[506 Variances
L506.1 Criteria for Granting Variances
A variance to the provisions of the Zoning Ordinance may be issued to pro-
vide relief to the landowner in those zones where the ordinance imposes
undue hardship or practical difficulties to the property owner in the use
of his land. No use variances may be issued. A variance may be granted
only in the event that the following circumstances exist:
(1)
Exceptional or extraordinary circumstances apply to the property
which do not apply generally to other properties in the same zone
or vicinity, and result from lot size or shape, topography, or other
circumstances over which the owners of property since enactment of
this Ordinance have no control.
(2)
The literal interpretation of the provisions of this Ordinance
would deprive the applicant of rights'commonly enjoyed by other
properties in the same district under the terms of this Ordinance.
(3)
That the special conditions or circumstances do not result from the
actions of the applicant.
{4)
That granting of the variance requested will not confer on the
applicant any special privilege that is denied by this Ordinance to
owners of other lands, structures or buildings in the same district.
(5)
The variance requested is the minimum variance which would alleviate
the hardship.
(6)
The variance would not be materially detrimental to the purposes of
this Ordinance or to property in the same zone.
1506.2
Procedure
The person applying for a variance shall fill out and submit to the Zonin§
Administrator a variance request form. A site plan with a certificate
of survey must be attached at a scale large enough for clarity showing the
following information.
a. Location and dimensions of: lot, building, driveways, and off-
street parking spaces.
be
Distance between: building and front, side, and rear lot lines;
principal building and accessory buildings; principal building
and principal buildings on adjacent lots.
c. Location of: signs, easements, underground utilities, etc.
d. Any additional information as may be reasonably required by the
Administrator and applicable sections of the Zoning Ordinance.
(2) The Zoning Administrator shall refer the application to the Planning
Commission for review.
(3)
The Planning Commission must take action on the application within ninety
(90) days after receiving the application. If it recommends for the
variance, it may impose conditions it considers necessary to protect the
public health, safety and welfare and such conditions may include a time
limit for the use to exist or operate.
(4)
Action bx the City Council - Upon receiving the recommendation of the
Commission or within sixty (60) days after referral of the application for
a variance to the Commission, if no recommendation has been transmitted,
the Council may place the request on the agenda. The Council may grant
variances from the literal provisions of this Ordinance in instances where
their strict enforcement would cause undue hardship because of circumstances
peculiar and unique to the individual premises, or property, under consideration
and may grant such a variance only when the applicant therefore has demons-trated
that such action will be in keeping with the spirit and intent of this Ordinance
with the Zoning District in which such a variance is requested.
The Council may impose any reasonable condition in the granting of such
variances in order to insure compliance with this Ordinance, or to protect
adjacent property.
(5) Variance permits shall expire if they have not been used or erected, as
the case may be, within one year after the date of issuance.
-30- I "2~ "2
Zoning Oistricts
For the purpose of this Section, the City is hereby divided into the following
use districts:
R-1 Sin§le Family Residential
R-2 Single Family Residential
R-3 Two Family Residential
R-4 Multi-Family Residential
1502
B-1 Central Business
B-2 General Business
B-3 Neighborhood Business
1-1 Light Industrial
Z oni n9 Map
The Zoning Map of the City,is hereby adopted by reference as though shown in all
details herein. The boundaries o~ th~ Dis.+ricts are hereby established as shown
on said Map. A revised, updated copy of said map shall be kept on file in the
office of the City Manager, or Manager's designate for refer6nce as the official
zoning map.
1603 District Boundaries
District boundary lines as indicated on said Map follow lot lines, the center
line of streets, the center lines of streets projected, the center line of
railroad right-of-way, the center of water courses or the corporate limit lines,
all as they exist, upon the effective date of this Section.
1604 Single Family Residential (Rzi)
1604.1 Purpose
The major purpose of this district is to allow the continuation of existing
residential development and infilling of existing lots in the newer residen-
tial areas of the City where services are available.
1604.2 Permitted Uses
Within the R-1 District no structure or land shall be used except for one or
more of the following uses:
Single family detached residences
Public Recreation
A State Licensed Community Residential Facility servicing six (6) or
.fewer mentally retarded or physically handicapped persons.
Horticulture
Home Occupations
604.4
i04.5
Conditional Use
Within the R-1 District, no structure or land shall be used for the following
uses except by conditional use permit.
Local government buildings
Churches
Cemeteries
Schools
Nurslng'Homes
Permitted Accessory Uses
Within any R-1 District the following uses shall be permitted accessory
uses:
Garages
Fences
Gardening and other horticultural uses where no sale of products is
conducted on the site
One lodging room per single family dwelling
Lawn, garden and utility building
Recreation Equipment
Open off-street parking space not to exceed three spaces per
dwelling
Private docks, in accordance with Lake Minnetonka Conservation
District regulations
Lot Area, Height, lot Width, and Yard Requirements
1. No building hereafter erected shall exceed two and one half (2½) stories
or thirty-five (35) feet in height.
The following minimum requirements shall be observed subject to additional
requirements, exceptions, and modifications set forth in other sections of
this Ordinance.
Minimum Lot Area (Single Family Detached)
Minimum Lot Width (Single Family Detached)
Front Yard
Side Yard
Rear Yard
Minimum Lot Depth
10,000 sq. ft.
60 feet
30 feet
10 feet
15 feet
80 feet
The following minimum setback requirements shall be observed for
lots of record.
Side Yard for New Home Construction:
Of the two required side'yard setbacks, one side yard setback shall be
a minimum of 10 feet; the other side yard setback shall be based on
the lot width as follows:
Lot Width
greater than 40 less than 80
greater than 80 less than 100
greater than 100
Minimum Setback on One Side Yard
6 feet
8 feet
10 feet
30'
100/
..I
-33-
30'
lO'
lO'
40
_l
10:I
;
1605
1605.1
1605.2
1605.3
.4
Front Yard:
Except as regulated in'Section 408(6), the front yard setback shall
be based on the lot depth as follows:
Lot Dept~ Minimum Front Yard Setback
60 feet or less 20 feet
61-80 feet 24 feet
81-99 feet 30 feet
100 feet or more 50 feet
,Single Family Residential (R-2)
Purpose
The R.-2 district shall function as an area in Mound where historical
platting practices of small lots call for a relaxation of development
standards for remodeling and new construction residential.
Permitted Uses
All those uses permitted in Section 1604.2
Conditional'Uses
All those uses permitted in Section 1604.3
Permitted Accessory Uses
All those uses permitted in Section 1604.4
~05.5
Lot Area, ~eight, Lot Width, and Yard Requireme~,,ts
No buildin9 hereafter erected shall exceed two and one 'half (2%)
stories or thirty-five (35) feet in height.
o
The following minimum requirements shall be observed subject to
additional requirements, exceptions, and modifications set forth in
other sections of this Ordinance.
Minimum Lot Area (Single Family Detached')
Minimum Lot Width (Single Family Detached)
Front Yard:
Side Yard:
Rear Yard:
Minimum Lot Depth:
6,000 sq. feet
40 feet
2O feet
10 feet
15 feet
80 feet
3. 'Minimum Setback Requirements for Lots of Record
Sideyard Setbacks - 6' and 6' and a lO' access to garage site be shown.
1610
1610.1
1610.2
1610.3
1610.4
.Two-Family Residential (R-3)
Purpose
The R-3 District is intended to provide a district which will allow two-family
residential dwellings and mid-density townhouses upon review.
Permitted Uses
Within any Two-family Residential District no structures or land shall be
used-except for one or more of the following uses:
all those uses permitted in section 1604.2
two-family residences
Conditional Uses
Within the R-3 district no structure or land shall be used for the following.
uses except by conditional use permit:
all thoses uses permitted in Section 1604.3
townhouses
Permitted'Accessory Uses
Within any R-3 district the following uses shall be permitted accessory uses:
all those uses permitted in section 1604.4
-35- ,~^~
1610.5
Lot Area, Height,~ Lot Width, and Yard Requirements
l. No building hereafter erected shall exceed two and one half (2~)
stories or thirty-five (35) feet in height.
e
The following minimum requirements shall be observed subject to
additional requirements, exception, and modifications set forth in
other sections of this Ordinance.
Minimum Lot Area (Single Family Detached)
Minimum Lot Width (Single Family Detached)
Minimum Lot Area (Two Family Detached)
Minimum Lot Width (Two Family Detached)
Front Yard:
Side Yard:
6,000 sq. ft.
40 sq. ft.
12,000 sq. ft.
70 ft.
30 ft.
l0 ft.
Rear Yard: 15 ft.
3.Minimum Setback Requirements.for Single and Two-~ami]y
Lots of Record: Same as Section 1604.5 (3)
,
4. Lot Area, Height, Lot Width, and Yard Requirements for Townhouses
shall conform to Section 1620.5. ~
lqJlti-Famiiv Residential (~-~'}
Purpose
1620.2
The R-4 multiple family districts are intended tO provide a district which
will allow multiple-family dwellings where proper relationships to other
land uses and adequate transportation services exist.
Permitted Uses
Within any R-4 District no structure or land shall be used except for one or
more of the following uses:
Multiple dwelling unit struc.tur~'i (3-6 units)
One .and Two family dwellings
T~wnhouses
Public recreation
Community Residential Facilities subject to the folilowing conditions:
1. It shall not be located in a'two-family dwelling.
2.
No more than 16 community residential facility Iresidents may be
housed in excess of the per%ns allowed by the ~efinition of
"family", except that structflres designed or newly built specific-
ally for such use may allowa greater number provided that all other
conditions of Conditional USe Permit are met. '
The minimum lot size ]s that~prescr]bed for one-family dwellings.
A minimum distance of 300 feet will be. required between lots used
as Community Residential Facilities.
10~. 3
Conditional Uses
Within the Multi-Family Residential District no structure or land shall be
used for the following uses except by conditional use permit:
1620.4
Multiple dwelling unit structures (over 6 units), according to Section 1730
Nursing Homes
Nursery Schools
Churches I
Commercial recreation
Cemeteries
Schools
Local Government Buildings
Accessory grocery store in apartment complex containing 100 or more units,
provided it serves the principal structure and is)ismaller than 400 square
feet.
Offices of persons engaged in the engineering, mediCal, dental, accounting
or legal profession or for religious or philanthropic organizations,
subject to minimum performance standards.
Permitted Accessory Uses
Within any R-4 District the following uses shall be permitted accessory uses:
All those uses permitted in Section 1610.4.
1310
1620.5
Performance Requirements for lownnouses
1. Neight limit: 2½ stories or 35 feet.
2. The following minimum requirements shall be observed:
a. minimum lot area
3 unit structure - 5,000 sq. ft. per unit
4 unit structure - 41,500 sq. ft. per unit
5 unit structure - 4!'000 sq. ft. per unit
6 unit structure - 4i000 sq. ft. per unit
b. minimum setbacks:
front - 30 ft.
side - 20 ft.
rear - 20 ft.
c. Off-street parking requirements:
Two per unit, at least one of which shall be indoo
parking is a part of the main Structure and is set
feet, and has an individual driveway for each unit
parking space may be credited fop the portion of t
shall be set back at least five feet from the publ
Any off-street parking locatediother than within t
described above and serving more than one'dwelling
located closer than 10 feet from the principal str~
No more than one townhouse shall be located on any
if more than one platted lot is used for said cons~
shall be required to replat said lots in accordanc~
of the City Code. The Council may waive said repl~
upon recommendation of the Planning Commission and
signed statement from the owners combining said log
parcel, said combination to be filed with the Count
as one parcel.
's. If the indoor
back at least 25
one off-street
le driveway which
c right-of-way.
e front yard area
unit shall not be
cture.
one platted lot,
ruction, the owner
with Chapter 22
tting requirements
iupon receipt of a
s into one buildable
y Auditor and taxed
Individual townhouse units may be conveyed or owner
copies of articles of incorporation, association by
covenant are presented to the Council and said docu
conditions for transfer are approved by the Council
shall notBe given until the aforesaid documents sh
County Recorder or the Registrar of Titles and all
townhouses or units in the individual townhouse sha
~hip transferred if
-laws, or other
nents setting forth
.Such approval
ill be filed with th~
:uture owners of
1 be bound by the
conditions and covenants set forth in said documents. A certified copy
of the documents filed with the County Recorder or the Registrar of
Titles shall be filed with the City Clerk.
]620.6 Lot Area, NeicLt. Lot Width, and Yard Reouirements other than multi family
~W~llin~s '~'
1620.7
All height, lot area and width requirements for single ~nd two family and
townhouse dwellings shall conform to Section 610.
Neight, Lot Size, Lot Areat and Parking and Open Space and General Require-
~ents for multi-family dwelling.s:
1. The following minimum requirements shall be observed as hereinafter
set forth:
a. Neight shall be limited to three (3) stories
b. Minimum lot width shall be 120 feet and lot arc
c. Front yard shall be not less than 30 feet, or
the building, whichever is greater.
d. Side and rear yards shall be not less than 20 f
of the building, whichever is greater.
e. A side or rear yard abutting a street shall be
or the h6ight of the building, whichever is gr~
f. All height measurements shall be from the lowes
g.No accessory building shall exceed the h~ight
structure,
h. Distance Between Multiple Dwelling Buildings: No building shall be
erected closer to any other building than a distance equal to' the sum
of their respective heights or forty (40) feet, whichever is greater.
2. Lot Area Per Dwelling Unit
'a. Efficiency Unit and I Bedroom - five (5) times minimum floor area
(2,400 square f~et).
b. 2 Bedroom - six (6) times minimum floor area (4,560 square feet).
c. 3 Bedroom or more - seven (7) times minimum flcor area plus 500
square feet for each bedroom over three.
d. Minimum lot area average per dwelling - 3,000 uare feet.
35 feet.
22,000 square feet.
~ times the height of
eet or the height
not less than 25 feet
ater.
t grade level.
f the principa!
3. Lot Usage
a. A maximum of 30% for main or principal structurie.
b. A minimum of 30% of the lot area shall be greenl area and landscape
area, this may include all setback areas.
c. 40% of the area may be used for parking, driveways, garages, refuse
areas, storage areas and other permitted uses.
-39-
I.
F'arkine and Sid,--.,=~l~ Requirements for [ach n.'~lli~ '~+-
a. 2]~ spaces per unit, one (1) of which must be incoors and one and
one half (1~) of ~hich may be outdoor par~ng.
b. Indoor parking shall be at least 12 x 22 feet as a minimum size.
c. Outdoor parking, shall be at least 10 x 20 feet as a minimum size.
d. All driveways and parking aisles shall be at least 25 feet in width.
e. All interior driveways, parking areas, loading areas, etc., shall
be of blacktop or concrete construction.
f. All parking spaces shal. 1 be located on the same parcel as the
principal structure.
g. There shall be no outdoor parking space within twenty (20) feet of
any public right-of-way or closer than ten (10) feet from any adjacent
lot.
h. Interior curbs shall be constructed of concrete to separate driving
and parking areas from landscaped areas. The curb design shall be
normal six (6) inches in height.
i. Concrete walkways shall be provided from parking areas, loading
zones and recreation areas to the entrances to the principal structure
and garages.
General Requirements for All Structures
a. The building plan, including the site plan for a multiple dwelling
shall be certified by an architect or engineer registered in the State
of Minnesota, stating that he has personally viewed the site and has
designed the building to fit the site as planned and to be harmonious
with the neighboring buildings, topography andiinatural surroundings
and in accordance with the purpose and objectives of the Zoning Code.
The architect or engineer shall further certify that he has been
retained to provide full architectural service~ and that he
will be av2ilable to carry this project throug~ to completion.
No special use for a multiple dwelling shall b~ issued until the
certificate is provided. On completion of thellconstruction, the
supervising architect or engineer shall file ailwritten statement
with the Building Inspector certifying that, t~ the best of his
knowledge and belief,-the construction, including site construction,
has been performed in substantial compliance with the plans and
specifications as approved by the City of Mound.
b. The design shall make use of all land contained in the site. All of
the site shall be related to the multiple use, either parking,
circulation, recreation, landscaping, screening, building, storage,
etc.
c. All exterior vertical surfaces shall have the Same or equivalent
facing material as that used in the front of the building.
d. The drainage of storm waters shall be provided for either on the
site or in a public storm sewer.
e. Garages shall have the same construction and appearance as the main
building.
-40--.
f. Landsc'~;nc.o~., .,$ landscaping plan skall be required and approved by
the Citv '?:::..~ii. All required '.~-~s shall either ~c open landscap~d
and 9re,r, a~'c~ or be left in a nLiural state. If ar? yards
are to be lanuscaped, they shall be landscaped attractively with
lawn, trees, shrubs, etc. Any areas left in a natural state shall
be properly maintained in a sightlv and well-kept condition. Multi-family
Residential yards adjoining any of the RESIDENTIAL R1, R2 and
R3 DISTRICTS shall be landscaped with buffer planting screens.
Plans of such screens shall be submitted for approval as a part
of the site plan and installed prior to issuance of a certificate
of occupancy for anS tract in 'the district.
g. Open Air Drying of Clothes. Open air drying of clothes shall not
be permitted on the grounds of the multiple family dwellings except
when the following conditions are'met:
1. The areas for open air drying of clothes are specifically drawn
on the original site plans·
2. A durable and dustless surface and adequatescreening is
provided for the entire area to be used for the drying of
clothes.
h. Incinerators and Storage. Any structure or eqoipment for the
burh~ng or storing of trash must comply with the regulations of
the State Pollution Control Agency. No open storage will be allowed
on the site·
Platting. If more than one'bui.lding is hereafter permitted to be
erected upon one parcel of land then the buildings shall be so
placed that any future subdivision or conveyance will comply with
all setback and other requirements of the ordinance.
Screening. If screening is. required by the City Counail, it shall
consist of a fence or wall that complies with City Ordinances,
but shall not extend within 15 feet of any street or ingress or
egress. The screening shall be placed along property lines or in
case of screening along a street, 15 feet from the street right-of-
way with landscaping between the screening and ~he pavement. Planting
of a type approved by the City Council shall also be required in-
addition to or in lieu of fencing.
Building Design and Construction ~
1.- Efficiency Dwelling Units. No more than twenty (20) percent of
the dwelling units in any one building shal!l be efficiency
dwelling units, i:,.
2. Sound: Party and corridor partitions and ~loor systems shall
be of a type rated by a laboratory regularl!:~ engaged in sound
testing as capable-of accomplishing an average sound transmission
loss (using a 9-frequency test) of not les~ than fifty (50)
decibels. Door systems between corridors ~nd dwelling units
shall be of solid core construction and indlude gaskets.and closure
plates. Room relationships, hallway desigms, door and window place-
ments and plumbing and ventilating installations shall be such
that they assist in the control of sound transmission from unit to
unit.
-41-
Projecting Air Conditioning and Nearing Units.
or heating units projecting through exterior
shall be so located and designed that they n
generate or transmit sound nor disrupt the a
of the building. Units projecting more than
beyond the exterior finish of a building wal
only with the written consent of the Buildin
be given only when building structural systei
Elevators: Any multiple residence building ~
shall be equipped with at least one public e'
Determination of Conformity. Before any bui
approved for a multiple dwelling the City Co~
dation of the Building Inspector shall deter~
proposed use will conform to the performance
developer or landowner shall supply data nec,
such conformance. Such data may include des,
to be used, method of refuse disposal, type
exterior storage, etc.. It may occasionally
developer to employ a specialized consultant
a given use will not exceed the performance
Central Business (B-l)
1625.1 Purpose
This district is established to recognize the unique charact
Business District in terms of land use, height regulations,
and circulation.
1625.2 Permitted Uses
Within any B-1 District no structures or land shall be used
more of the following uses:
Retail business - stores and shops selling household goods
Banks
Barber and beauty shops
Medical and dental clinics
Physical culture and dance studios
Restaurants (Class I)
Liquor Stores
Public Buildings
Theaters
Business or Trade School
Laundry and dry cleaning
Hospitals and clinics
Churches
Service Shops
Private Lodges and Clubs
Offices
Air conditioning
walls or windows
~ither unnecessarily
!chitectural amenities
four (4) inches
shall be permitted
Inspector, which shall
~s prevent compliance.
f three (3) stories
evator.
ding permit is
ncil upon recommen-
line whether the
standards. The
~ssary to demonstrate
~ription of equipment
md location of
be necessary for a
to demonstrate that
;tandards.
~r of the Central
,arking requirements
~xcept for one or
,er the counter
-42-
!625.3 Cond~t~oria~ US.25
Within any B-1 District no gtructure or land shall be use for the following
uses except by conditional use permit:
Tavern
Commercial recreation
Wholesale and assembly operations
Minor auto repair, tire, battery stores
Boat and marine sales
Bus terminal and taxi stands
Multiple dwelling structure-
Newspaper printing or publishing shops
Cultural and fraternal institutions
Commercial Parking Lots not affiliated with princip, il use
Drive-in retailing establishments
Animal Hospital
Auction Hall
1625.4
1625.5
1630
1630.1
1630.2
Permitted Accessory Uses
Within any B-1 District the following uses shall be permi
accessory uses:
Private garages, off-street parking
Temporary construction buildings
Decorative landscape features
Any incidental repair or processing necessary to con uct a permitted
principal use.
Lot Area, Height, Lot Width and Yard Requirements
1. Maximum building height is 45 feet, conditional use is over 45 feet.
2. 7,500 sq. ft. minimum lot size.
3. Side and rear setback if abutting residential district same as B-2
General Business (B-2)
Purpose
The General Business District will allow local retail sale! and services along
with office space opportunities to serve local population emand and needs of
non-highway orientation. This district will encourage compact center for retail
sales and services by grouping businesses in patterns of w~Ekable relationships,
by limiting and controllin§ uses near residential areas and~by excluding highway
oriented and other business that tends to disrupt the shopping center or its
circulation patterns.
Permitted Uses
Within any B-2 District, no structure or land shall be used except for one or
more of the following uses:
All those uses permitted in Section 1625.2
Drive-in Retailing establishments.
-43-
Within any B-2 District no ~tructure or land shall be used for the following
uses except by conditional use permit:
Tavern
Commercial recreation
Wholesale and assembly operations
Major and Minor auto repair, tire, battery stores
Boat and marine sales
Bus terminal and taxi stands
Newspaper printing or publishing shops
Cultural and fraternal institutions
Commercial Parking lots not affiliated with principal use
Open sales lots
Class II restaurants
Multiple dwelling structure
Motor fuel stations
Liquor store
Car wash
Motel and motor hotels
Television and radio stations
Any building over 35 feet high
1630.4
1630.5
Permitted Accessory Uses
Within any B-2 District the following uses ~hall be permit
Private garages, off-street parking
Temporary construction buildings
Decorative landscape features
Any incidental repair or processing
principal use.
necessary to con
Lot Ar.ea, H~.ight, Lot Width and Yard Requirements
1. No building shall exceed 35 feet in height
2. Minimum Lot Area: 20,000 square, feet
:ed accessory uses:
luct a permitted
Front, Side, Rear ~etbacks: 30 feet
Minimum setback from side or rear lot line if abutting ~ny
residential
district
50 feet.
If more than one building, the City Council allows on °~e lot, an open space
equal to ½ the sum of the heights of the two buildings ~ust be provided between
the buildings. [
Where a B-2 use abuts or is across the street from any R district, a fence or
compact evergreen hedge.not less than 50 percent opaque nor less than 6 feet high,
shall be erected and maintained along the side of rear property line that abuts
the R District.
7. Minimum Lot Width: 80 feet.
1635.2
1635.3
1635.4
Purpose
The neighborhood commercial center shall function as a sm~ll service area
which may supply local retail sales to nearby residents.
Permitted Uses
Within any Neighborhood Business District no structures or, land shall be
used except for one or more of the following uses:
None
Conditional Uses
Within any Neighborhood Business District, no structure or!land shall be
used for the following uses except by conditional use permit:
Delicatessen and dairy store
Drug Store
Grocery Store
Accessory Structures other than §arages
Minor fuel station and motor fuel station convenience store
Permitted Accessory Uses
Within any Neighborhood Commercial District the following uses shall be
permitted accessory uses'
Those uses permitted in
1630.4
1635.5
Lot Area, Height, Lot Width, arid Yard Requirements
1. No building shall exceed 35 feet in height
2. Minimum Lot Area: 10,000 square feet
3. Front, side, rear setbacks: 30 feet
4. Minimum setback from side or rear residential area: 5(
5. Where a B-3 use abuts or is across the street from any
or compact evergreen hedge not less than 50 percent opi
6 feet high, shall be erected and maintained along the
line that abuts the R District.
Minimum Lot Width: 60 feet.
feet
~ District, a fence
ue nor less than
~ide of rear property
-45-
16z]O.]
1640.2
1640.3
1640.4
This district shall serve as a development opportunity fo¢ )~ndustrial
sites.
Permitted Uses
Within any Light Industrial District, no structure or land
for one or more of the following:
Warehousing and wholesaling, except where specified In Section 1640.3
Offices
Public Buildings
Research Laboratories
Construction and special trade contractor
Public and private utility uses
B-l, B-2, B-3 uses.
Construction
Within any Light Industrial District, no structure or lan( shall be used
for the following except by conditional use permit:
Assembly/Storage of:
apparel
food products
glass
leather
pottery
lumber and wood products
paper products
rock and stone products '
textiles
tobacco products
fabrication metal products
machinery and appliances
transportation equipment
liquid bulk storage
Commercial recreation
Residential accessory
Auto, Bus and Truck maintenance garages
B-l, B-2, and B-3 uses
Lot Area, Height, Lot Width and Yard Requirement~s
1. The floor area ratio shall not exceed I to 1.
2. Front Yard Setback' 30 feet
3. Lot Width: 100 feet
4. Minimum Lot Area: 30,000 square feet
5. Rear Yard Setback: 30 feet
6. Side Yard Setback: 50 feet when abutting R District
15 feet when abutting street
0 feet when abutting railroad
-46-
shall be used except
1702
Purpose
The performance standards established in this section are designed to encourage
a high standard of development by providing assurance that neighboring'land uses
will be compatible. The performance standards are designed to prevent and
eliminate those conditions that cause blight. All future idevelopment in any
district shall be required to meet these standards. The standards shall also
apply to existing development where so stated. The City Manager shall be
responsible for enforcing the standards.
Before any building permit is approved, the Zoning Adminisltrator shall
determine whether the proposed use will conform to the performance standards.
The developer or land owners shall supply data necessary t~ demonstrate
such conformance. Such data may include description of equipment to be
used, hours of operation, method of refuse disposal and type and location
of exterior storage.
Exterior Storage
In residential districts, all materials and equipment shal~ be stored within
a building or fully screened so as not to be visible from ~djoining properties,
except for the following: laundry drying and recreational~equipment, construction
and landscaping materials and equipment currently (within a period of thirty-six
(36) hours) being used on the premises, off-street parking
operative passenger automobiles and pick-up trucks. Boats
are permissible if stored in the rear yard more than ten (
property line. Existing uses shall comply with this provi:
(12) months following enactment of this Ordinance.
In all districts, the City may require a Conditional Use P,
storage if it is demonstrated that such storage is a hazar~
safety, convenience, morals, or has a depreciating effect
values, or impairs scenic views, or constitutes threat to
of licensed and
and unoccupied trailers
LO) feet from the
ion within twelve
~mit for any exterior
to the public health,
U~on nearby property
iving amenities.
1703
Refuse
In all districts, all waste material, with the exception of debris, refuse, or
garbage shall be kept in an enclosed building or properly contained in a closed
container designed for such purposes. The owner of vacant land shall be responsible
for keeping such land free of refuse. Existing uses shall :omply with this pro-
vision within six months following enactment of this Ordi ~ce.
Passenger vehicles and trucks in an inoperative state shall not be parked in resi-
dential districts for a period exceeding ninety-six (96) hO~rs; inoperative
shall mean incapable of movement under their own power and~: n need of repairs
or removal to junk yard. All exterior storage not includec as a permitted accessory
use, a permitted use, or included as part of a conditional ise permit, or otherwise
permitted by provisions of.this Ordinance shall be considered as refuse.
-47-
170~
Screeninq
Screening shall be required in all residential zones where
parking area contains more than four (4) parking spaces and
(30) feet of an adjoining residential zone, and (b) where t
parking area of more than six (6) parking spaces is within
an adjoining residential use or zone.
a) any off-street
is within thirty
~e driveway to a
~ifteen (15) feet of
Where any business (structure, parking or storage) is adjacent to property zoned
or developed for any residential use, that business or industry shall provide
screening along the boundary of the residential property. Screening shall also
be provided where a business, parking lot, or industry is across the street from a
residential zone, but not on that side of a business or indbstry considered to be
the front (as determined by. the Building Inspector). I.~
All exterior storage in commercial districts shall be screel
are: (1) merchandise being displayed for sale; (2) materia
being used for construction on the premises; (3) merchandis
station pump islands; all exterior storage in commercial di
traffic control and must follow Section 1714 of this Ordinal
~ed. The exceptions
s and equipment presently
~ located on service
;tricts shall not impede
ice,
The screening required in this section may consist of a fen,:e, trees, shrubs and
berms not less than five (5) feet high but shall not extend within fifteen (15)
feet of any street or driveway. The screening shall be plat:ed along property
lines or in case of screening along a street, twenty (20) feet from the street
right-of,way with landscaping between the screening and pavement. The screening.
shall block direct vision. Planting of a type approved by the City Council may
also be required in addition to or in lieu of fencing.
1705
Landscapiog Maintenance i
In all districts, all structures requiring landscaping andifences shall be maintained
so as not to be unsightly or present harmful health or safety conditions.
1706
1707
Glare
In all districts, any lighting used to illuminate an off-street parking area,
sign, or other structure, shall be arranged so as to deflect light away from any
adjoining residential zone or from the public streets. Direct or sky-reflected.
glare, where from floodlights or from high-temperature processes such as combustion
or welding, shall not be directed into any adjoining property. The source of lights
shall be hooded or controlled in some manner so as not to light adjacent property.
Bare incandescent light bulbs shall not be permitted in view of adjacent property
or public right-of-way. Any light or combination of lights which cast light on a
public street shall not exceed one (1) foot candle (meter reading) as measured from
the centerline of said street. Any light or combination of lights which cast
light on residential property shall not exceed 0.4 foot candles (meter reading)
as measured from said property.
Bulk Storaq_~
All uses associated with the bulk storage of oil, gasoline, liquid fertilizer,
chemicals, and similar liquids shall require a conditional use permit in order
that the governing body may have assurance that fire, explosion, or water or soil
contamination hazards are not present (that would be detrimental to the public
tanks having a capacity in excess of ten tI:ousanS (lC',000) gallons shall secure
a conditional use permit within twenty-four (2~) mon~h~ ~ollow~ng enactmen~ of this
Ordinance. The City Council ma~ require the development of diking around said
tanks. D~k~ng shall be suitably sealed, and shall hold a laakage capacity equal
to one hundred fifteen (115) percent of the capacity of the largest, single tank.
1708
1708.1
1708.2
1709
1711
1711.1
Nuisances
Nuisance Characteristics
No noise, odors, vibration, smoke, air pollution, liquid, o~ solid wastes, heat,
glare, dust, or other such adverse influences shall be permitted in any district
that will in any way have an objectionable effect upon adjacent or nearby property.
All wastes in all districts shall be disposed of in a manner that is not dangerous
to public health and safety nor will damage public waste transmission or disposal
facilities. The following standards apply to non-industria~ districts.
Odors and Noise
Odors shall not be allowed to exceed the standards stated ih the Minnesota Air
Polluntion Control Regulations. Ambient noise shall not be allowed to exceed MPCA
standards.
Miscellaneous Nuisances
1. It shall be unlawful to create or maintain a junkyard Or vehicle dismantling
yard except as provided herein.
The following are declared to be nuisances affecting public health or safety,
a. The pollution of any public well or cistern, stream or lake, canal or
body of water by sewage, industrial waste or otheriiisubstances.
The ownership, possession or control of any unused refrigerator or other
container, with doors which fasten automatically when closed, of sufficient
size to retain any person, to be exposed and accessible to the public
without removing the doors, lids, hinges or latches or providing locks to
prevent access by the public.
Dwelling Units Prohibited
No garage, tent, trailer, (except licenses mobile home) or!.accessory building and
or basement in and of itself shall be at anytime used as a permanent residence.
Earth sheltered housing is permitted.
Soil Erosion and Sedimentation Control
General Standards
1)
All development shall conform to the natural limitations presented by the
topography and soil as to create the best potential for preventing soil
erosion.
21; :~<:,,eiop::,ent on slopes with a grade over t,,,,'eive [~ercent shall be
reviewed to insure adequate measures have been taken to prevent erosion~
sedimentation, and structural damage.
3) Erosion and siltation control measures shall be coordifiated with the different
stages of development. Appropriate control measures shall be installed prior
to development when necessary to control erosion.
!
4) Land shall be developed in increments of workable sizelsuch that adequate
erosion and siltation controls can be provided as construction progresses.
The smallest practical area of land shall be exposed a~ any one period of time.
5') The d~ainage system shall be constructed and operational as quickly as possible
during construction.
6) Whenever possible, natural vegetation shall be retained and protected.
7)
Where the topsoil is removed, sufficient arable soil shall be set aside for
respreading over the developed area. The soil shall be restored to a depth
of four (4) inches and shall be of a quality at least equal to the soil
quality prior to development.
1711.2
8) When soil is exposed, the exposure shall be for the shortest feasible period
of time. No exposure shall be planned to exceed 60 da~s. Said time period
may be extended only if the Planning Commission is satisfied that adequate
measures have been established and will remain in pl~c~.
9) The natural drainage system shall be used as far as is~feasible for storage
and flow of runoff. Stormwater drainage shall be discharged to marshlands,
swamps, retention basins or other treatment facilitiesj Diversion of storm-
water to marshlands or swamps shall be considered for ~xisting or planned
surface drainage. Marshlands and swamps used for stor~water shall provide
for natural or artificial water level control. Temporary storage areas or
retention basins scattered throughout development area~ shall be encouraged
to reduce peak flow, erosion damage, and construction Cost.
E~posed Slopes
The following control measures' shall be taken to control e~osion during construction:
1) No exposed slope should be steeper in grade than five (i5) feet horizontal
to one (1) foot vertical.
2) Exposed slopes steeper in grade than ten (10) feet horSzontal to one (1)
foot vertical should be contour plowed to minimize direct runoff of water.
3)
At the foot of each exposed slope, a channel and berm Should be constructed
to control runoff. The channelized water should be diverted to a sedimentation
basin (debris basin, silt basin or silt trap) before being allowed to enter
the natural drainage system.
4)
Along the top of each exposed slope, a berm should be constructed to prevent
runoff from flowing over the edge of the slope. Where runoff collecting
behind said berm cannot be diverted elsewhere and must be directed down the
slope, appropriate measures shall be taken to prevent erosion. Such measures
shoOld consist of either an asphalt paved flow apron and drop chute laid down
the slope or a flexible slope drain. At the base of the slope drain or flow
5)
6)
apron, a gravel energy dissapator should be installed to prevent erosion
at the discharge end.
Exposed slopes shall be protected by ~hatever means will effectively prevent
erosion considering the degree of slope, soils material, and expected length
of exposure. Slope protection shall consist of mulch, sheets of plastic,
burlap or jute netting, sod blankets, fast growing grasses or temporary
seedings of annual grasses. Mulch consists of hay, straw, wood chips, corn
stalks, bark or other protective material. Mulch should be anchored to slopes
with liquid asphalt, stakes, and netting, or should be worked into the soil
to provide additional slope stability.
Control measures, other than those specifically stated above, may be used
in place of the above measures if it can be demonstrated that they will
effectively protect exposed slopes.
1713
1713.1
1714
Tree and Woodland Preservation
The following restrictions shall apply to all ~e,~,idential development occurring
in wooded areas:
1) Structures shall be located in' such a manner that the maximum number of
trees shall be preserved.
2)
Prior to the granting of a building permit, it shall be the duty of the person
seeking the permit to demonstrate that there are no feasible or prudent
alternatives to the cutting of trees on the site.
3)
Forestation, reforestation or landscaping shall utilize a variety of tree
species and shall not utilize any species presently under disease epidemic.
Species planted shall be hardy under local conditions and compatible with
the local landscape.
4)
Development including grading and contouring shall take place in such a manner
that the root zone aeration stability of existing trees shall not be affected
and shall provide existing trees with a watering equal to one-half the crown
area.
5) Notwithstanding the above, the removal of trees seriously damaged by storms,
or other acts of God, or diseased trees shall not be prohibited.
Traffic Control
The traffic generated by any use shall be channelized and controlled in a manner
that will avoid: (a) congestion on the'public streets, (b) traffic hazards, and
(c) excessive traffic through residential areas, particularly truck traffic. In-
ternal traffic shall be so regulated as to ensure its safe and orderly flow.
Traffic into and out of business areas shall in all cases be forward moving with
no backing into streets. On corner lots, nothing shall be placed or allowed to grow
with the exception of seasonal crops in such a manner as materially to impede vision
between a height of two and one-half (2½) and ten (10) feet above the centerline
grades of the intersecting streets to a distance such that a clear line of vision
is possible of the intersection street from a distance of fifty (50) feet from
the intersection of the right-of-way lines.
of clear sight triangle. '
1715
1716.1
Vacated Streets
Whenever any street, alley, easement or public way is vacated by official
action, the zoning district abutting the centerline of the said vacated area
shall not be affected by such proceeding.
Parkin~
Location ~
All accessory off-street parking facilities required hereiin shall be located
as follows: '
1) Spaces accessory to one and two-family dwellings on thie same lot as the
principal use served.
2)
Spaces accessory to multiple-family dwellings on the same lot as the
principal use served or within two hundred (22) feet of the main entrance
to the principal building served.
3) Spaces accessory to uses located in a Business, within eight hundred
(800) feet of a main entrance to the principal buildinB served.
4) No off-street open parking area containing more than fbur (4) parking spaces
shall be located closer than five (5) feet from an adjacent lot zoned or
used for residential purposes.
1716.2
General Provisions
1)
Access drives may be placed adjacent to property lines except that drives
consisting of crushed rock or other non-finished surfacing shall be no
closer than one (1) foot to any side of rear lot line.
2)
Parking spaces. Each parking space shall not be less than ten (10) feet wide
and twenty (20) feet in length exclusive of an adequately designed system of
access drives. Handicapped parking shall be provided and constructed pursuant
1716.3
3)
4)
to state law with stalls of not less than twelve (12) feet wide and twenty
(20) feet in length.
Control of off-street parking facilities. When required, accessory off-street
parking facilities are provided elsewhere than on the lot in which the
principal use served is located, they shall be in the same ownership or
control, either by deed or long-term lease, as the property occupied by such
principal use, and the owner of the principal use shall file a recordable
document with the City Council requiring the owner and his or her heirs and
assigns to maintain the required number of off-street spaces during the
existence of said principal use.
Use of parking area. Required off-street parking space in any District shall
not be utilized for open storage of goods or for the storage of vehicles
which are inoperable or for sale or for rent.
Design and Maintenance of Off-Street Parking Areas
1) Parking areas shall be designed so as to provide adequate means of access
to a public alley or street. Such driveway access shall not exceed twenty-
two (22) feet in width and shall be so located as to cause the least inter-
ference with traffic movement, i
2) Signs. No signs shall be located in any parking area ~xcept as necessary
for orderly operation of traffic movement and suCh sig~s shall not be a part
of the permitted advertisingspace~ .
3) Curbing and Landscaping. All o~en off-street parking ~reas designed to have
head-in parking along the property line shall provide 8 bumper curb not less
than three (3) feet from the side property line or a g~ard of normal bumper
height not less than one (1) foot from the side property line. When said
area is for six (6) spaces or more, a curb or fence no~ over five (5) feet
in height shall be erected along the front yard setback line and grass or
planting shall occupy the space between the sidewalk amd curb or fence.
4) Parking space for six (6) or more cars. When a required off-street parking
space for six (6) cars or more is located adjacent to ~t Residential District,
a fence of adequate design, not over five (5) feet in height nor less than'
four (4) feet in height shall be erected along the Residential District
property line.
5)
Maintenance of off-street parking space. It shall be the joint and several
responsibility of the operator and owner of the principal use, uses and/or
building to maintain, in a neat and adequate manner, the parking space,
accessways, landscaping and required fences.
Truck Parkin9 in Residential Areas
No motor vehicle over one (1) ton capacity bearing a commercial license and
no commercially licensed trailer shall be parked or stored in a platted residential
district or a public street except when loading, unloading, or rendering a service.
Recreation vehicles and pickups are not restricted by the terms of this provision.
-53- 1'2_')/_
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
One and Two-f~:~iiy resieence:
~ultiple Dwellings
Churches, Theaters, Auditoriums,
and other places of assembly
Business and Professional
Offices
Medical and Dental Clinics
Hotel or Motel
School, Elementary and
Junior High
School, High School through
College
Drive-in Food Establishment
Bowling Alley
Automobile Service Station
Retail Store
Restaurants, Cafes, Bars,
Taverns, Night Clubs
Funeral Homes
Industrial, Warehouse,
Storage, Handling of Bulk
Goods
Uses not specifically noted
Two (2) spaces per dwelling unit.
Two and one-half (2~) spaces per dwelling unit
one which must be undercover.
One (1) space for each three (3) seats or for
each five (5) feet of pew length, based upon
maximum design capacity,
One (1) space for each 400 square feet of
gross floor space.
Five (5) spaces per professional plus one
(1) space for each employee.
One (1) space per rental unit plus one (1)
space per employee.
At least one (1) parking space for each
classroom plus one (1) additional space for
each ten (10) student capacity.
At least one (1) parking space for each four
(4) students based on design capacity, plus
one (1) additional space for each classroom.
At least one (1) parking space for each fiftee
(15) square feet of gross floor space in a
building allocated to a drive-in operation.
At least five (5) parking spaces for each alle
plus additional spaces as may be required her~
in for related uses such as restaurant, plus _
one (1) additional space for each employee.
At least two (2) off-street parking spaces
plus four (4) off-street parking spaces for
each service station stall.
At least one (1) off-street paPking space for
each one hundred fifty (150) square feet of
gross floor area.
At least one (1) space for each three (3)
seats based on capacity design.
One (1) parking space for each five (5).seats
or thirty-five (35) square feet of seating
area where there are no fixed seats, plus one
(1) parking space for each 250 square feet of
floor area not used for seating.
At least one space for each employee on
maximum shift or one space for each two
thousand square feet of gross floor area,
whichever is larger.
As determined by the Planning Commission and
City Council.
-54-
1717.2
1717.3
1717.4
1717.5
1717.6
1717.7
1718
1718.1
1718.2
1718.3
.4
Off-Street Loadinq and UnloadinQ Areas
Location. All required loading berths shall be off-street and shall be located on
the same lot as the building or use to be served. A loadin9 berth shall be located
at least twenty five (25) feet from the intersection of two (2) street rights-of-
way and at least fifty (50) feet from a residential district, unless within a building
Loading berths shall not occupy the required front yard space.
Size. Unless otherwise specified in this Ordinance, a required loading berth shall
not be less than twelve (12) feet in width, fifty (50) feet in length, and fourteen
(14) feet in height, exclusive of aisles and maneuvering space.
Access. Bach required loading berth shall be located with appropriate means of
vehicular access to a street or public alley in a manner which will least interfere
with traffic.
Surfacing. All loading berths and accessways shall be improved with a hard surface
to control the dust and drainage before occupancy of the structure.
Accessory Use. Any space allocated as a loading berth or maneuvering area so as to
comply with the terms of this Ordinance shall not be used for the storage of goods,
inoperable vehicles, or be included as a part of the space requirements necessary to
meet the off-street parking area.
Any structure erected or substantially altered for a use which requires the receipt
or distribution of materials or merchandise by trucks or similar vehicles, shall
provide off-street loading space as required for a new structure.
Screening. Screening shall be required of all loading and unloading areas located
adjacent to residential and'agricultural districts.
Auto Service Stations
Lot Size
A service station site shall be minimum of 20,000 square feet.
Setbacks
The building or buildings shall be set back at least thirty-five feet from the street
right-of-way. Near residential districts, the service station buildings, signs, and
pumps shall be a minimum of twenty-five feet from adjoining property. In commercial
areas, the structures shall be set back at least ten feet from adjoining property.
Curbs and Gutters
Curbs and gutters shall be installed on all streets giving access to the station.
There should be a six inch curb along all interior driveways.
FencinQ and Screeninq
When adjacent or near to residential proper%y, there shall be a screening fence.
When adjacent to commercial property, there shall be a bumper-type fence about
eighteen inches high between the station and the adjacent commercial property.
171~.g
1718.9
1718.10
1719
1719.1
1719.3
1719.4
1719.5
Architecture
If possible, the station should be of a type that is reasonably compatible with
the surroundings. Most national oil companies have a variety of building types
which could be viewed for selection of the most suitable.
Outdoor Displays
The storage of used tires, batteries, and other such items for sale outside the
building should be controlled; such items should be displayed in specifically
designed containers and be limited to one or two areas well back from the .street
right=of-way line. Junk cars, empty cans, and other unsightly materials should
not be permitted in areas subject to public view.
Business activities not listed in the definition of service stations in this
Ordinance are not permitted on the premises of a service station unless a con-
ditional use permit is obtained specifically for such business. Such activities
include but are not limited to the following: (a) automatic car and truck wash;
(b) rental of vehicles, equipment, or trailers; and (c) general retail sales.
Drive-In Business Development Standards
The following standards shall apply to drive-in businesses in all districts.
The entire area of any drive-in business shall have a drainage system approved
by the community engineer.
The entire area other than that occupied by structures or planting shall be surfaced
with a hard surface material which will control dust and drainage.
A fence or screen of acceptable design not over six (6) feet in height or less
than four (4) feet shall be constructed along the property line abutting a resi-
dential district and such fence or screen shall be adequately maintained. The
fence shall not be required in front of the setback line.
General
(1)
(2)
(3)
(4)
Any drive-in business serving food or beverages may also provide, in addition
to vehicular service areas, indoor food and beverage service seating area.
The hours of operation shall be set forth as a condition of any building
permit for drive-in business.
Each drive-in business serving food may have outside seating.
Each food or beverage drive-in business shall place refuse receptacles at all
exits as well as one (1) refuse receptacle per ten (10) vehicle parking spaces
within the parking area.
Location
(1)
No drive-in business ishall be located within four hundred (400) feet of a
public or parochial school, church, public recreation area, or any resi-
dential district.
(2)
No drive-in business shall be located such that it may increase traffic
volumes on nearby residential streets.
1719.6
1730
(3)
(4)
(S)
(6)
(7)
(8)
No drive-in shall be located on any street other than one designated as
a thoroughfare or business service road in the Comprehensive Plan.
The design of any structure shall be compatible with other stmuctures
in the surrounding area.
Electronic devices such as loudspeakers, automobile service order devices,
drive-in theater car speakers and similar instruments shall not be located
within four hundred (400) feet of any residentially zoned or used property,
nor within two hundred (200) feet of any adjacent lot regardless of use of
zoning district.
No service shall be rendered, deliveries made, or sales conducted within
the required front yard; customers served in vehicles shall be parked to
the sides and/or rear of the principal structure.
No permanent or temporary signs visible from the public street shall be
erected without specific approval in the permit.
No plan shall be approved which will in any way constitute a hazard to
vehicular or pedestrian circulation. No access drive shall be within
fifty (50) feet of intersecting street curb lines.
In the case of a drive-in theatre, a solid fence not less than eight (8) feet in
height and extneding at least to within two (2) feet of the ground shall be
constructed around the property.
The lighting shall be designed so as to have no direct source of light visible
from the public right-of-way or adjacent land in residential use.
Offices in Mul.ti-F.a~il~ District (R-4)
All offices in R-4 shall conform to the following performance standards.
Ce
There shall be at least 2,000 square feet of floor area of office space on
the main floor. The maximum office space in any structure shall not exceed
6,000 square feet.
The lot-on which the structure is located shall contain at least 40,000
square feet. ~
One off-street parking space shall be provided for each 200 square feet
of floor space. A detailed plan with parking spaces shown shall be made
a part of the permit.
A landscaping plan shall be presented and incorporated as a part of the
Conditional Use Permit and shall provide for a minimum 10 foot setback from
all parking areas to abutting property lines and shall provide that on the
10 foot setback, shrubbery will be planted and maintained by the occupant of
the property. The landscaping plan shall show that at least 30% of the land
area will be maintained in open space consisting of greenery and shrubbery
and will not be used for building, parking, or accessory purposes.
All offices in this use district shall abide by the terms of the special
permit to limit truck deliveries to the hours of 8:00 a.m. to 5'00 p.m.
each day.
No outside storage shall be allowed on tne premises without tn· specific
consent of the Council as stated in the permit.
Illuminated flashing signs are prohibited. No sign shall be erected which
has more than 9 square feet of total area including both sides or the sign
if a message is contained on both sides, and the sign shall not extend
on to any public right-of-way. No sign shall exceed a height of 5 feet from
the ground level where the sign is located.
Lighting of any parking area shall be accomplished in such a way as to have
no direct source of light visible from a public right-of-way or from
adjacent properties.
Prior to occupancy of the structure, approval shall be obtained from the
Fire Chief or his designated inspector and from the Building Inspector,
showing compliance with all City ordinances and codes.
The Council may require a traffic circulation plan or the location or re-
location of driveways to the property to promote traffic circulation and
the health, safety, and general welfare of the community.
1731 Car Washes
1731.1 Lot Area and Setback Requirements
Coin-operated self-service car wash shall have a minimum lot area of 10,000
square feet with a minimum of 1OOfeet of frontage along the major road.
A Drive-through automatic car wash shall have a minimum lot area of 15,000'
square feet with a minimum of 120 feet of frontage along the major road.
A conveyor automatic type car wash shall have a minimum lot area of 20,000
square feet with a minimum of 150 feet of frontage a)ong the major road.
Front Yard Setback. All car washes shall have a minimum 35 foot front yard
setback measuring from the right-of-way line to the front wall of the building.
All other setback requirements provided in the City Code for the zoning dis-
trict where a particular car wash is located shall apply.
1731.2 Protective Wall
1731.3
All car washes shall have a 6-foot high, 8 inch thick brick wall or a decorative
poured concrete wall at least four inches thick when adjacent to an existing
residence or residential district or adjacent to an alley which abuts an existing
residence or residential district. All protective walls shall conform to the
principal structure's setback requirement.
Parking
The coin-operated self-service car wash shall have a minimum of three (3)
stack spaces per bay not including the wash bay spaces; one (1) dry-off
space per bay in addition to the wash bay space, and one (1) parking space
per employee.
A stack space is defined as an area where the car can wait before entering
the car wash which shall consist of at least 200 square feet, with a length
of 20 feet and a width of 10 feet.
A dry-off space is defined as an area where the car can be parked after
leaving the car wash area so that the car can be dried off which shall
-58-
be
consist of at least 200 square feet with a length of 20 feet and a
width of 10 feet.
The automatic drive-through car wash shall have a minimum of five (5)
stack spaces per bay and two (2) parking spaces for dry-off and one
(1) parking space for every employee during one shift, when the maximum
employees are employed.
The automatic conveyor type car wash shall have a minimum of ten (10)
stack spaces per bay and three (3) parking spaces for dry-off and one
(1) parking space for every employee employed during one shift, when
the maximum employees are employed.
1731.4
1731.5
1731.6
1731.7
Lights
All car washes shall have lighting systems with a minimum of lO-foot candle
intensity to illuminate the entire premises without disturbing the surrounding
area.
Drainage and Wastewater Disposal
Catch basins shall be provided at the curb cuts of all exists for drainage from
cars leaving the car wash. Waste water from car washing shall be emitted into
th, sanitary sewer after flowing through grease and mud trap. A sewer flow
rate will be set in relation to the size of the facility. Failure to maintain
acceptably clean grease and mud traps will cause for revocation of the license.
Building Operations !
All operations shall be conducted within the buildings except for vacuuming and
the dispensing of gasoline.
Prohibited Practices and Regulation for Car Wash
bo
de
The licensee shall keep the premises of any car wash free at all times from
debris and waste materials. Said licensee shall cause all such debris
and waste materials to be removed during each 24-hour period and as often
as may be necessary to prevent any such debris or waste materials from being
blown to nearby streets and premises.
No persons shall place or leave any debris or waste materials upon the pr~mises
of any car wash unless such debris or waste materials be placed in a waste
receptacle provided on the premises for such purposes.
No persons upon or neaby the premises of any car wash shall race the engine
of any motor vehicle, cause any horn to be blown except as a traffic warning,
or cause any disturbance or loud noise upon or nearby said premises.
No person shall loiter and the licensee shall not permit persons to loiter
upon the premises if such persons are not actually engaged in washing cars.
The licensee shall maintain quiet and order upon the premises. The licensee
shall see that entrances and exits and abutting alleys are kept free from
congestion and that this ordinance is observed.
It shall be unlawful to keep any establishment open for business between the
h6urs of 10 p.m. until 7 a.m. the following day.
The premises on a car wash shall be kept adequately lighted at all times
when open to the public. Li§hts shall be kept adequately shaded or other-
wise regulated so as to prevent them from shining upon adjacent premises.
SECTION 8. ENFORCEMENT
1801
1801.1
Violations and Penalties
Violations
The violation of any provision of this Ordinance or the violation of the
conditions or provisions of any permit issued pursuant to this Ordinance
shall be a misdemeanor, and upon conviction thereof, the violator shall
be subject to a fine of not more than five hundred dollars ($500.00) or
imprisonment for a term not to exceed ninety (90) days or both.
1801.2
Penalties
Unless otherwise provided, each act of violation and every day on which such
¥iolation occurs or continues, constitutes a separate offense.
SECTION 9. SUPREMACY AND EFFECTIVE DATE
1901
Supremacy
When any condition imposed by any provision of this Ordinance on the use of land
or buildings or on the bulk of buildings is either more restrictive or less
restrictive than similar conditions imposed by any provision of any other county
or state ordinance, regulation, or statute, the more restrictive conditions shall
prevail.
This Ordinance is not intended to abrogate any easements, restrictions, or convenants
relating to the use of land 'or imposed on lands within the county by private declara-
tion or agreement, but where the provisions of this Ordinance are more restrictive
than any such easement , restriction, or covenant, or the provision of any private
agreement, the provisions of this Ordinance shall prevail.
1901.1
Effective Date
This Ordinance shall be in full force and effect from its passage and publication
according to law.
-6o- /333