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Three or more dwelling units in on <br />structure. <br />Nun -conforming Use <br />Any building, structure or land law <br />fully occupied by a use or lawfully ee <br />tablished at the time of the passage o <br />this . Ordinance or amendments theret <br />which sloes not conform, after the pass <br />age of this Ordinance or amendment <br />thereto, with the use regulations there <br />in. <br />Office Uses <br />Those commercial activities that tak <br />place in office buildings, where good <br />are not produced, said or repaired bu <br />require clerical, administrative, and aim <br />filar activity. These include: banks; gen <br />eral office, governmental office; in <br />surance office; personal loan agency <br />Professional office; real estate office <br />taxi -cab office, but not taxi stand; trave <br />agency or transportation ticket offic, <br />telephone exchange; utility office, ane <br />similar uses. <br />Off -Street Loading Space <br />A space accessible from a street, alley <br />or driveway for the use of trucks of <br />other vehicles while loading or unload. <br />ing merchandise or materials. Such space <br />shall be of such size as to accommodate <br />one vehicle of the type typically used it <br />the particular business. <br />Open Sales Lot (open storage) <br />Any land used or occupied for the <br />purpose of buying and selling any goods, <br />materials, or merchandise and for the <br />storing of same under the open sky <br />prior to sale. <br />Parking Space <br />A suitably surfaced and permanently <br />maintained area on privately owned <br />Property either within or outside of a <br />building of sufficient size to store one <br />standard automobile. <br />Planned Development <br />An urban development having two or <br />more principal uses or structures on a <br />single lot and developed according to an <br />approved plan. <br />Principal Structure or Use <br />One which determines the predominent <br />use as contrasted to accessory use or <br />structure. <br />Public <br />Uses owned or operated by municipal, <br />school district, county, state or other <br />governmental units. <br />Public Utility Uses <br />Transmission facilities of electric pow - <br />gas, water, telephone and railroad <br />companies. These include: electric power <br />transmission lines and gas pipe lines <br />(but not substations) ; telephone facil- <br />ities; water pumping, reservoir, and dis- <br />tribution facilities; railroad trackage, <br />but not including storage and switching <br />yards. <br />Recreational Equipment (in Residential <br />Districts) <br />Play apparatus such as swing sets <br />and slides, sandboxes, poles for nets, un- <br />occupied boats and trailers not exceeding <br />20 feet in length, picnic tables, lawn <br />chairs, barbecue stands, and similar <br />equipment or structures but not includ- <br />ing tree houses, swimming pools, play- <br />houses exceeding 25 square feet of floor <br />area, or sheds utilized for storage of <br />equipment. <br />Research <br />Medical, chemical, electrical, metal- <br />urgical or other scientific research con- <br />ducted in accordance with the provisions <br />of this Ordinance. Research shall not in- <br />clude the manufacture or processing of <br />materials or goods for sale. Applicants <br />for. a building permit shall submit evi- <br />dence indicating that any proposed use <br />will fully comply with all performance <br />standards contained in this ordinance. <br />Rest Home (Nursing Home) <br />A private home for the care of chi] <br />dren or the aged or infirm or place o <br />rest for those suffering bodily disorder: <br />Such a home does not contain equip <br />ment for surgical care or for the treat <br />ment of disease or injury, nor does i <br />include maternity care or care for men <br />tal illnesses or infirmities. <br />Rctail Shopping Uses <br />Stores and shops selling personal see <br />vices or goods over a counter. These in <br />elude, as examples and without limits <br />tion, the following: antiques; art am <br />school supplies; auto accessories; bak <br />cries; barber shop; beauty parlor; bi <br />cycles (not motorized) ; books and sta <br />tionery; candy; cameras and photo <br />graphical supplies; carpets and rugs <br />catering establishments; china an( <br />glassware; Christmas tree sales; clothe: <br />pressing; clothing and costume rental <br />custom dressmaking; department stores <br />and junior department stores; drugs., <br />dry goods; electrical and household ap. <br />Dliances, sales and repair; florist; food <br />furniture; furrier shops; garden sup. <br />plies (year round operation only); gifts; <br />hardware; hats, hobby shops for retail <br />of items to be assembled or used away <br />from the premises; household appli- <br />ances; hotels and apartment hotels; in. <br />terior decorating; jewelry, including re- <br />pair; laboratories, medical and dental re- <br />search and testing; laundry and dry <br />cleaning pickup, processing to be done <br />elsewhere; Laundromat; leather goods <br />and luggage; locksmith shops; musical <br />instruments; office supply equipment; <br />optometrists; paint and wallpaper; <br />phonograph records; photography stud- <br />ios; service station; restaurants, shoes; <br />sporting goods; tailoring; theater, ex. <br />cept open air drive-in; tobacco- toys; <br />variety stores; wearing apparel and <br />similar tvpe uses. <br />Service Station <br />A place where gasoline, kerosene, or <br />other motor fuel or lubricating oil or <br />grease for operating motor vehicles is <br />offered for sale to the public and de- <br />liveries are made directly into motor <br />vehicles. Includes greasing and oiling <br />and the sale of automobile accessories <br />on the premises. Also includes minor re- <br />pairs, incidental body and fender work, <br />Painting and upholstering, replacement <br />of parts and motor services to passenger <br />automobiles and trucks not exceeding <br />one and one-half tons capacity. It shall <br />not include general repair, rebuilding or <br />reconditioning of engines, motor vehicles <br />or trailers; collision service, including <br />body, frame or fender straightening or <br />repair; overall painting or paint job; ve- <br />hicle steam cleaning. <br />Shopping Center <br />Any grouping of two or more princi- <br />pal retail uses whether on a single lot <br />or on abutting lots under multiple or <br />single ownership. <br />Setback <br />The minimum horizontal distance be- <br />tween a building and street or lot line. <br />Distances are to be measured from the <br />most outwardly extended portion of the <br />structure at ground level. <br />Sign (See Elsewhere in this Ordinance) <br />Street <br />A public right-of-way which affords <br />the principal means of access to abutting <br />property. <br />Structure <br />Anything erected, the use of which <br />requires more or less permanent loca- <br />tion on the ground; or attached to <br />something having a permanent location <br />on the ground. This shall include signs. <br />Transportation Terminal <br />Truck, bus terminal and storage area, <br />including motor freight (solid and liq- <br />uid) terminal, but only if accessory to <br />a principal use permitted in Industris <br />Districts. <br />Unsightly <br />In a state of poor maintenance, dirty <br />ugly. <br />Used Auto Parts <br />The processing, storage, and sale o <br />second hand or used automobiles o. <br />other vehicles parts provided such us, <br />is established entirely within enclose, <br />buildings. <br />Veterinary Clinic <br />Those uses concerned with the diag <br />nosis, treatment, and care of animals <br />including animal or pet hospitals. <br />Village Plan <br />A group of maps, documents, stand <br />ards, policy statements, and other ma• <br />terials which together constitute a com- <br />prehensive plan for the development of <br />the Village. Said plan' is maintained by <br />the Planning Commission in a form <br />subject to approval by the Village Coun. <br />cil. <br />Warehousing <br />The storage of materials or equipment <br />within an enclosed building as a princi. <br />pal use. <br />Waterfront Uses (Residential) <br />Boat docks and storage, water recrea. <br />tion equipment and other uses normally <br />incidental to a lakeshore residence pro- <br />vided such uses are for the exclusive use <br />of the occupants and non-paying guests. <br />Wholesaling (Warehousing) <br />The selling of goods, equipment and <br />materials by bulk to another business <br />that in turn sells to the final customer. <br />Yard <br />A required open space on a lot which <br />is unoccupied and unobstructed by a <br />structure from its lowest level to the <br />sky except as permitted in this Ordin- <br />ance. The yard extends along the lot <br />line at right angles to such lot line to <br />a depth or width specified in the set. <br />back regulations for the zoning district <br />in which such lot is located. <br />Yard, Rear <br />That portion of the yard on the same <br />lot with the principal building but lo- <br />cated between the rear line of the build- <br />ing as said line is extended to the side <br />lot line on either side and the rear lot <br />line. <br />Yard, Side <br />The yard extending along the side <br />lot line between the front and rear <br />yards to a depth or width required by <br />setback regulations for the zoning dis- <br />trict in which such lot is located. <br />Yard, Front <br />A yard extending along the full <br />width of the front lot line between side <br />lot lines and extending from the abut- <br />ting front street right-of-way to depth <br />^equired in the setback regulations for <br />the zoning district in which such lot <br />s located. <br />iection VII: Board of Appeals <br />4. Appointment and Procedure <br />At the first regular meeting of the <br />`ouncil after the effective date of this <br />trdinance, and thereafter at the first <br />;ouncil meeting in each calendar year, <br />he Mayor shall appoint a Board of Ap- <br />>eals, to consist of not more than five <br />,nd not less than three residents of the <br />Village, and the Mayor shall appoint one <br />if such members as its chairman. Each <br />nember, including the chairman, shall <br />,e entitled to vote on all questions. Such <br />.ppointment shall be submitted to the <br />]ouncil and shall become effective upon <br />pproval of the Council by a majority <br />,ote of the entire Council. Vacancies <br />luring the calendar year shall be filled <br />�v the Mayor with approval by the <br />)ouncil in the same manner as set <br />orth herein. <br />1. Functions of the Board of Appeals <br />fThe Board of Appeals shall consider, <br />on reference from the Council, variances <br />under the Zoning Ordinance and shall <br />submit a report and recommendation <br />thereon simultaneously to the Planning <br />Commission and to the Village Council. <br />In addition the Board of Appeals shall <br />consider and advise the Council upon all <br />appeals from decisions of the Building <br />Inspector under the Building Code; all <br />ouestions of violation of Ord. No. 76, <br />as amended, the sign ordinance, and <br />such other matters as may be directly <br />-eferred to it by the Council. <br />C. Procedure and Organization <br />The Board of Appeals may establish <br />its own rules of procedure, which shall <br />not be inconsistent with or contrary to <br />the statutes of the State of Minnesota <br />or the ordinances of this Village. The <br />Board may appoint such further officers <br />as it deems necessary, including a vice <br />chairman and secretary. <br />The Board shall hold public hearings <br />as required by law, and may hold Pub. <br />lic hearings on such notice as it deems <br />necessary whenever it determines that <br />adjoining property owners or other res- <br />idents in the Village should be advised <br />of the proceedings or given an oppor- <br />tunity to appear thereafter. <br />The Board shall keep written records <br />of its minutes, its proceedings, and the <br />findings and determinations made by it <br />on all matters referred to it by the <br />Council or the Building Inspector. <br />All findings and determinations of <br />the Board of Appeals shall be advisory <br />to the Council and shall have no binding <br />effect. The Council may take such ac- <br />tion on the findings and recommenda- <br />tions of the Board of Appeals as it <br />deems proper in the circumstances. <br />Section VIII: Enforcement <br />A. Enforcing Officer and Penalty <br />This Ordinance shall be administered <br />by the Building Inspector and enforced <br />by the Village Council which may in- <br />stitute in the name of the Village any <br />appropriate actions or proceedings <br />against a violator as provided by law. <br />Any person, firm, corporation, or vol- <br />intary association which violates or re- <br />fuses to comply with any of the pro- <br />✓isions of this Ordinance shall be guilty <br />if a misdemeanor, and upon conviction <br />:hereof shall be subject to a fine of not <br />pore than one hundred dollars ($100.00) <br />`or every offense or to imprisonment <br />tot to exceed ninety (90) days. Each <br />lay that a violation is permitted to <br />-xist shall constitute a separate offense. <br />3. Building Permit and Fees Therefor. <br />Building permits and fees therefor <br />;hall be required as provided in the Vill- <br />ige Building Code. <br />Section IX: Ordinances Repeated. <br />The following ordinances are hereby <br />epealed: <br />Ordinances Nos. 18, 20, 31, 34, 36, 89. <br />0, 45, 46, and 48, 54, 57. 58. 60, 61, <br />6, 69, 70. 73. 80, 86, 90 and 91. <br />Iection X: Validity and Effective Date. <br />If any section, subsection, sentence, <br />lause, or phrase of this Ordinance is <br />or any reason held to be invalid, such <br />ecision shall not affect the validity of <br />he remaining portions of this Ordin- <br />nee. <br />This Ordinance shall become effective <br />Pon its adoption and publication ac- <br />ording to law. <br />Adopted this 10th day of April, 1967, <br />y the Village Council of the Village <br />f Arden Hills. <br />Robert Nethercut <br />Mayor <br />Attest: <br />Lorraine Stromquist <br />