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to -wit: (a) any vibration discernible (be-
<br />yond property line) to the human sense
<br />of feeling for three minutes or more
<br />duration in any one hour and any vibra-
<br />tion producing an acceleration of more
<br />than 0.1 g's or resulting in any combin-
<br />ation of amplitudes and frequencies be-
<br />yond the "safe" range of Table 7, United
<br />States Bureau'of )dines Bulletin No. 442,
<br />"Seismic Effects of Quarry Blasting",
<br />on any structure.
<br />Glare:
<br />No light or combination of lights
<br />from any source shall exceed 1 foot can-
<br />dle meter reading as measured from the
<br />centerline of any street nor exceed 0.4
<br />foot candle meter reading as measure(]
<br />from any property zoned for residential
<br />use, other than the lot where the source
<br />of light is located.
<br />Smoke
<br />Any emission of visible smoke of a
<br />shade darker than No. 1 on the Ringel-
<br />mann Smoke Chart, as published by the
<br />United States Bureau of Mines is pro-
<br />hibited, except that visible gray smoke
<br />of a shade not darker than No. 3 on
<br />said chart may be emitted for not more
<br />than four minutca in any 30 minutes.
<br />Air Pollution:
<br />(Fly Ash, Dust, Fumes, Vapors, Gases,
<br />etc.)
<br />The following emissions are prohibited:
<br />(a) Any emission is prohibited which
<br />can cause any damage to health, animals
<br />or vegetation, or other forms of prop-
<br />erty, or which can cause any excessive
<br />soiling at any point; and any emission
<br />of any solid or liquid particles in can.
<br />centrations exceeding 0.3 grains per
<br />cubic foot of the conveying gas or air
<br />at any point. For measurement of the
<br />amount of particles in gasses resulting
<br />from combustion, standard corrections
<br />shall be applied to a stick temperature
<br />of 600 degree Fahrenheit and 50 percent
<br />excess air.
<br />O. Animals
<br />Any building in which farm animals
<br />are kept shall be a distance of two hun-
<br />dred (200) feet or more from any other
<br />occupied lot and any open or roofed en-
<br />closure in which animals are kept shall
<br />be a distance of one hundred feet or
<br />more from any occupied residential lot.
<br />The Council may order the owner of any
<br />animals to apply for a special use permit
<br />if it is deemed to be in the interest of
<br />%he public health, safety, or general wel-
<br />fare.
<br />P. Incorporation by Reference
<br />The documents referred to in Para-
<br />graphs entitled Odors, Vibrations, and
<br />Smoke are incorporated herein by ref-
<br />erence.
<br />Q. Floor Area Ratios
<br />All buildings proposed that exceed the
<br />height limits imposed by provisions of
<br />this ordinance and require a special use
<br />permit shall be governed as follows:
<br />Buildings of greater height than ex-
<br />piessly permitted by the ordinance may
<br />Period Within
<br />Which Existing
<br />Uses Must Comply
<br />5 years
<br />5 years
<br />5 years
<br />be permitted by special use permit pro-
<br />vided:
<br />1. It is determined that:
<br />a. Adequate fire protection and other
<br />safety features are provided; and
<br />b. The height and bulk of the build-
<br />ing will not destroy a scenic or
<br />other appropriate view• will not shut
<br />off light and air from surrounding
<br />properties, or otherwise be detri-
<br />mental to the public.
<br />2. Said high-rise buildings shall be in
<br />accordance with floor area ratio stand-
<br />ards (a formula that regulates the max-
<br />imum amount of floor space on any
<br />lot in terms of a multiple of the area
<br />of the lot) as follows:
<br />In Residential Districts:
<br />FAR of 0.5 for buildings up to and
<br />including six (6) stories in height;
<br />FAR of one (1) for buildings over
<br />six ( 6 ) stories in height.
<br />In Non -Residential Districts:
<br />FAR of one (1)
<br />The FAR shall be interpreted to mean
<br />Floor Area _ FAR
<br />Lot Area
<br />In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this
<br />ordinance.
<br />Example:
<br />...................:.......
<br />4'e s
<br />To permit reasonable flexibility in the design of large buildings, any building having over four (4) stories may be con-
<br />sidered as a "Planned Development."
<br />Section V : Administration the application within 60 days following
<br />A. Amendments report to it by the Planning Commis-
<br />!n accordance with the provisions of sion. Council action may include ap-
<br />Minnesota Statutes. the Village Council proval, denial, or referral back to the
<br />may, from time to time, adopt amend- Planning Commission. The person mak-
<br />ments. All proposed amendments shall ing the application shall be notified of
<br />be referred to the Planning Commission the Council's action.
<br />prior to adoption. The Planning Commis- 6. No application for rezoning which
<br />sion shall hold a public hearing on the has been denied wholly or in part shall
<br />proposed amendment. be resubmitted for a period of six (6)
<br />Amendments which would result in the months from the date of said order of
<br />changing of zoning district boundaries denial.
<br />(rezoning) shall be governed by the pro- 7. In the event a rezoning application
<br />cedure set forth in Paragraph B hereof. is approved the zoning map shall be
<br />Proposed amendments to the Zoning Ord- amended by an appropriate ordinance,
<br />inance which would not result in such which ordinance shall describe the prop -
<br />a rezoning shall also be considered by erty rezoned by its legal description, and
<br />the Planning Commission at a public shall further provide that the Clerk shall
<br />hearing, and all of the provisions of indicate the rezoning on the official
<br />Paragraph B hereof relative to such zoning map on file in the office of the
<br />hearing shall apply thereto, except that Clerk, but it shall not be necessary to
<br />no mailed notice of that hearing shall republish said zoning map to effectuate
<br />be required nor shall any Ownership Re- the rezoning.
<br />port be required. C. Special Use Permits
<br />B. Rezonings The procedure for issuance of special
<br />The procedure for changing zoning use permits is as follows:
<br />district boundaries (rezoning) shall be 1. The person applying
<br />as follows: pp ring fora special
<br />use permit shall fill out and submit to
<br />1. The Planning Commission, Village the Village Clerk a "Zoning Form" to -
<br />Council, or property owner may initiate gether with a fee of $20.00 and an Own -
<br />a rezoning. Persons wishing to initiate ership report showing the apparent rec-
<br />a rezoning of property shall fill out a ord owners of property within 250 feet
<br />"Zoning Form". The zoning form shall of the outer limits of the property
<br />be accompanied by a fee of $45. to be which is the subject of the application.
<br />used for the costs of processing the ap- 2. The Clerk shall refer the applica-
<br />plication. The applicant shall also file, tion to the Planning Commission which
<br />with the zoning form, an Ownership Re- shall hold a public hearing. Published
<br />port showing the apparent record own- notice and mailed notice of the public
<br />ers of all property within 250 feet of the hearing shall be given by the Clerk in
<br />outer limits of the property sought to be the same manner as provided on a re -
<br />rezoned. In addition the applicant shall zoning application in the preceding
<br />furnish, if requested by the Council or paragraph.
<br />the Planning Commission, a survey of 3, The Planning Commission shall
<br />the property sought to be rezoned. The schedule and hold said public hearing
<br />zoning form and the Ownership Report with all reasonable promptness after the
<br />shall be filed with the Administrative application is referred to it. The appli-
<br />Clerk. cant or his representative shall be given
<br />2. The Administrative Clerk shall mail the opportunityto appear
<br />to owners of property within 250 feet tobefore the
<br />of the outer limits of the property sought Planning Commission to answer ques-
<br />to be rezoned notice of the public hear- pop a give explanations regarding the
<br />Com-
<br />ing to be held thereon, which notice shall proposed special use. The Planning ro-
<br />be mailed at least ten days before such mission shall thereupon submit its re-
<br />hearing. The Clerk shall be entitled to Dort and he Council.
<br />ion an the appli-
<br />rely upon the said Ownership Report for cation to the Counenl.
<br />the names of such property owners but 4. The Council must take action on the
<br />may, if considered necessary by the application within 60 clays after receiv-
<br />Clerk, make additional inquiry as to ing the report of the Planning Commis -
<br />other possible owners or non -record Sion. If it grants the special use per -
<br />owners and send notices to such indi- mit, the Council may impose conditions
<br />viduals also. In any event failure of any (including time limits) it considers nee -
<br />property owner to receive said notifies- essary to protect the public health, safe-
<br />tion shall not invalidate the proceedings. .ty and welfare and such conditions may
<br />3. The Planning Commission shall include a time limit for the use to exist
<br />hold a public hearing on the rezoning or operate.
<br />application. In addition to the mailed 5. An amended special use permit ap-
<br />notice herein provided notice of said plication shall be administered in a man -
<br />hearing shall be published in the of- ner similar to that required for a new
<br />ficial village newspaper at least ten days special use permit except that the fee
<br />before the date of the hearing. The shall be fifteen dollars ($15.00). Amend -
<br />Planning Commission shall schedule said ed special use permits shall include
<br />public hearing with all reasonable re -applications for permits that have
<br />Promptness after the application has been denied, renewal of temporary per -
<br />been referred to it. in its, requests for changes in conditions,
<br />4. The Planning Commission shall and as otherwise described in this ord-
<br />make its report to the Council on or be- inance.
<br />fore the next regular meeting of the 6. No application for a special use per -
<br />Village Council following the date of mit shall be resubmitted for a period of
<br />the public hearing. six (6) months from the date of said
<br />6. The Council must take action on order of denial.
<br />7. If a time limit or periodic review
<br />is included as a condition by which a
<br />special use permit is granted, the spec-
<br />ial use permit shall be reviewed at a
<br />public haring with notice of said hear-
<br />ing being published at least seven (7)
<br />days prior to the review. It shall be the
<br />reeponsibility of the Village Clerk to
<br />schedule such public hearings and to
<br />cause Published notice thereof to be
<br />given.
<br />D. Variances and Appeals
<br />On occasion the Provisions of this
<br />Zoning Ordinance may impose practical
<br />difficulties or unnecessary hardships
<br />with respect to the use or development
<br />of a particular parcel of the property.
<br />If the difficulty or hardship arises be-
<br />cause of special conditions applying to
<br />the structure or land in question, which
<br />conditions do not apply generally to
<br />ether land or structures in the district
<br />in which the land is located, the Council
<br />may grant a variance on an appeal by
<br />the applicant if the Council finds, in
<br />addition to the foregoing requirements,
<br />that granting the variance will not im-
<br />pair the health, safety, comfort, morals
<br />'and g"neral welfare of�the public, nor
<br />will it be contrary to the intent of the
<br />zoning ordinance. The hardships or dif-
<br />f(^ulties in the particular case must re-
<br />late to th- characteristics of the land
<br />and not the property owner and will
<br />normally relate to building set -back
<br />lines, lot area requirements, and similar
<br />matters. The Procedure for granting
<br />variances is as follows:
<br />
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