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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 ~'4'm)~mi ;I 3NV~ 3'GON ~ O00~$VB ~ ~ /.NON4938 ~ ' t'~ t~ I I NOI~lVRI I 'l 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. printed on recycled paper /~ ~ ~'.LO~NIVI~'V 'C1NDOI,4/ .LO7 9/V/~2tVd 02£OdO~Yd 'ON .7NI7 ROAD NO. tIO· OMBS KNUTSON ASSOCIATES INC 43e 7.~ P/2OPOSED ~.,p~ K~~ - . . .o.,u,,,.,,..,.,,.,.,..,,.,,,,o.,.,,,,. .... ,. ""- PARKING LOT L~[ '~t ~W3AON a3SIA~ A]NO S3SOa~fla NOISSfl3SIO ~OJ ±J¥~a 33NYNla~O 9NINOZ ONflON ~0 A±I3 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