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<br /> <br /> <br /> <br /> Ardinance 213 (continued) in a sum equal to one hundred and tweniy five percenT 6. AcTio~ by Council <br /> (125 percent) of the estimated cost, as determined by TheCouncilmusTtakeactiononiheapplicationwithin <br /> Jwelling the CiTy Engineer, of improvemenis to be consiructed in sixty (60) days following the report to iT by the Com- <br /> Upiofour (4) domestic animals, excluding birds, may accordance with the Permit to insure completion mission or following a hearing held by the Council. <br /> be kept in any dwelling unit, bui not more ihan iwo (2) thereof within the time limit specified in the Permi}. Council action may include approval, denial or referral <br /> may be dogs. The conditions so imposed by the Council shall be back to the Commission. The applicani if any shall be <br /> c. Animals for Research specifically stated in the Permit. The violation of any notified in writing of the Council's action. <br /> Animals for research may be kept in appropriate special or general condition set forih in a Special Use 7, Resubmission of Denied Application <br /> places by Special Use Permit. permit shall consiitute a violation of This Ordinance. No application which has been denied wholly or in <br /> D. Changes in Specially Permitted Use part shall be resubmitted for a period of six (6) monihs <br /> 10. Site Grading Afier the Special Use Permit has been granted, the from the date of said order of denial. <br /> a, The maximum slope for graded earih surfaces usespeciallypermittedihereundershallbeestablished, B. Effectuation of Amendment <br /> shali be 3:1. conducted and mainiained in conformity with the terms In the event an application or amendment initiated by <br /> b. Earih surfaces shall be planted or stablilized to thereof, including all condiTions set forTh iherein. Any the Council or the Commission is approved, an ap- <br /> prevenT erosion. siructural alieration, enlargement, or intensification propriate amending oridnance shall be executed and <br /> c. Finished slopes and grades shall not cause adverse ihereof, or similar change not specifically permiited by published. Rezoning amentlmenis shall describe the <br /> drainage efifecis on adioining properTies. the Permit, shall require an amended Permit, and all property rezoned by its legal description, and shall be <br /> G. Requiremenis for Vehicular Circulation procedures shall apply as if a new Permit were being indicated on the Official Zoning Map, but it shal I not be <br /> 1, 7raffic and Circulation requesied provided, however, ihat when such changes necessary to re-publish said zoning map to effectuate <br /> All commercial and industrial buildingsor sTructures are deemed to be insignificant by the Zoning Ad- the rezoning amendment. <br /> and their accessory uses shall be accessible to and from minisirator the requiremenTS of a public hearing may 9. Effect of Rezoning Amentlment Upon Com- <br /> nearby public sireets and sidewalks by driveways and be waived. prehensive Devetopment Plan <br /> walkways surfaced with a hard, all weather, durable, E. Automatic Expiration Any change in zoning shall automatically amend the <br /> dust free material and properly drained. Vehicular In the event a Special Use Permit does not contain as Comprehensive Development Plan in accordance with <br /> iraffic generaTed by a commercial or indusirial use a special condition a time limit, it shal I automatically said zoning change. Such change shall be recorded as an <br /> shall be channeled and conirolled in a manner ihaT will expire and become void one (1) year from and afier the amendment to the Comprehensive Development Plan. <br /> avoid congestion on the publ ic sireets, iraffic hazards, date on which it was granTed unless the use for which it B. Re:onings <br /> and excessive iraffic Through residential areas, par- Was granted has been substantially esiablished or 1, qpplication <br /> ticularly iruck traffic. The adequacy of any proposed consiructed or unless upon written application made by The applicani for a rezoning shall fill out and submiT <br /> Traffic circulation sysiem to accomplish ihese ob- ihepersonlowhomihePermitwasgranTedwithinsuch to the Zoning Adminisirator an applicafion togeiher <br /> jectives shall be determined by the City which may Year, the Council shall have extended the expiraTion WiTh the required fee and six (6) copies of the <br /> require sueh additional measures for Traffic conirol as date of such Permit for an additional period, not to documentation required by this subdivision. <br /> deemed necessary, including but not limited to the exceed six (6) monThs. 2. DocumenTation Required <br /> If the use for which any Special Use Permit has been The applicanT shatl file the following documentaTion <br /> following: Direciional signaiization, channelization, granied has ceased or has been discontinued for a to support his application for a rezoning: <br /> standby turn lanes, illumination and storage area and Period of ninety (90) consecutive days, the Permit shall <br /> disiribution faciiities wiihin the commercial site to a. Ownership Report <br /> prevent back-up of vehicles on public sireets. Internal automatically expire and becomevoid atiheend of such qn ownershiP report showing the apparent record <br /> siTe traffic shall be designed to separate perimeter ninety (90) day period. owners of the property and ihose within ihree hundred <br /> traffic and parking stalls areas. Said stalls shall be F. Issuance of Building Permit Before Special Use and fifty (350) feet of the outer limits of the property <br /> oriented so as to accommodate pedesirial iraffic in a Permit Prohibited whichisihesubjectofiheapplication.lfiheapplicantis <br /> safe manner such as but not limited to orienting parking No Bui Iding PermiT shall be issued for any use in a noT the record owner of the property, wriTten consent of . <br /> aisles toward the principal site uses. zoning district which requires the issuance of a Special the owner shall also be filed. <br /> 2. On-Site Parking Facility Use Permit before it can be locaTed in the particular b. LocaTion Map <br /> A building permit shall be required in such case disirict, until afier the Specia! Use Permit has been q map indicaTing the general location of the subiect <br /> where a commercial, indusirial, public or semi-public 9ranted by the Council. properTy. <br /> land use is intending to consiruct an on-site parking G. Special Uses c. Survey <br /> facility containing a site aggregate of more ihan four Special uses and the particular zoning disiricts in A plot plan or survey, drawn to scale by a registered <br /> ;4) spaces or a loading facility of any kind and the Which ihey may be allowed to be located after the surveyor, delineating the site dimensions, and the <br /> facility is noT a part of, or has prior approval as a part of Council's issuance of a Special Use Permit, are location of all buildings and sirucTUreson and within one <br /> a site plan for which a building permit has been issued. designated in the Land Use Chart set forth on page 2-4 hundred (100) feeT of the properiy. <br /> 3. Driveway Widths: (Measurements Between hereof. d. Comprehensive Plan Statement <br /> Roadway Edges) H. Medium and High Density Residential Uses q written statement indicating how the proposed <br /> Type: One-way, maximum feeT: 25, minimum feet: In the granting of Special Use PermiTs for medium rezoningwillbeinharmonywithandinconformitywiih <br /> 10and high density residential uses the Council shall first the Comprehensive Development Plan for the City. If <br /> Type: Two-way, maximum feet: 25, minimum feet: find ihaT the proposed development is in compliance the proposed rezoning is not in conformity with said <br /> 20 with the adopted Comprehensive Development Plan for plan, the statemenf shall clearly demonsirate ihat the <br /> 4. Minimum Driveway Angle to Public Sireet Arden Hills, boTh in Terms of the various policy proposal is equal to or better Than the Plan. I1 shall be <br /> 7hiriy (30) degrees when pu6lic sireetis one-way or siaTemenis and the site IocaTion set forth therein. shown that there has been an essential change in the <br /> divided, otherwise sixty (60) degrees. SECTION VIII - ADMINISTRATION AND condiTions and-or character of the area since the <br /> 5. Minimum Distanse of Driveway from STreet In- PROCEDURES property was last zoned. <br /> tersections A. AmendmenTS e. Development Plan - <br /> Distance shall be measured along street righT-of-way 1- Initiation In order to visualize the resulis of any rezoning, the <br /> line beYween the nearest driveway edge and the nearesT An amendment to ihis Ordinance may be initiated by applicant shall prepare and submit a preliminary <br /> right-of-way line of the intersecting sireet. the Council, the Planning Commission or by application development plan for the properTy requested to be <br /> rezoned. This plan shall be used by the Commission and <br /> If the driveway and the intersecting and the driveway enters Council for discussion purposes only, but will serve to <br /> enters a sireet sireetisclassified lane approaching or illusirate the potential development of the site should <br /> classified as a as a leaving intersection the rezoning be granTed. <br /> Approaching Leaving+ 3. Business Districis <br /> Local Sireet Local street, Collector Before any new area is rezoned To a business <br /> sTreet or Minor ArTerial 15 fT. 15 fT. classification, the property must be located adiacent to <br /> Major Arteriai 20 ft. 15 fT. an arterial or collector road as shown on the Com- <br /> CollecTOr Street Local Street 20 ft. 15 fi. prehensive Development Plan, or the rezoning will be <br /> and Mir.or Coliector, Minor an extension of an existing business disirict. <br /> Arterial ArTerial 25 ft. 15 fT. C. Special Use Permits <br /> MajorArterial 35fi. 20ft. 1• Application <br /> Malor Ar?erial Local SireeT 20 ft. 15 tt. The applicant for a Special Use Permit shall fill out <br /> - CollecTOr, Minor and submit to the Zoning Adminisirator an application <br /> Arterial 25 fT. 15 ft. Together with the required fee and six (6) copies of the <br /> MalorArterial 40ft. 20fT. documentation required by ihis subdivision. <br /> 200 ft. 100 ft. 2. Dacumentation Required <br /> Expressway Ramp The applicant shall file along with the required ap- <br /> +NoTe: Mirimum disiance to be the same as thaT ptication fee the following documentation to support his <br /> of affected properfy owner(s). Nn amendment not application for a Special Use Permit unless, in the <br /> specified for approaching lane if lefi Turns are per- iniTiaTed by the Commission shall be referred to the opinion of the Zoning AdminisTrator, certain of the <br /> mitted inio or euT of driveway. Commission tor study and report and may not be acted toliowing documenis or paris ihereof can be waived <br /> SECTION VII - SPECIAL PRINCIPAL USES upon by the Council until it has received the recom- unTil furiher requesT: <br /> A. Purpose and Intent mendation of the Commission on the proposed amend- a. Ownership ReporT <br /> Ii is recognized That certain principai uses of land, menTor until sixty (60) days have elapsed from the date The ownership report shall show the apparent record <br /> al*hough generalty compafible with the basic use of reference of the amendment To the Commission, owners of the property which is the subiect of the ap- <br /> classification of a particular zoning disirict, should not Whichever occurs first. plicaTion, and ihose within ihree hundred and fifty (350) <br /> be Rermitted generally and as a matTer of right to be 2. Official Notice of Publ+c Hearing feetofiheouterlimitsihereof. Ifiheapplicant isnotihe <br /> locatetl in every area included within the zoning district a. Published Notice record owner of the property, written consent of the <br /> because of hazards inherenT in the use itself or special No amendment shall be adopTed until a public hearing owner shall also be filed. <br /> proble;ns which its proposed location may present. Such has been held ihereon by the Commission or the Council. b. Survey <br /> a use of a particular site may, neveriheless, be specially A notice of the Time, place and purpose of the public The survey shall contain the following data: <br /> permitted by means of a Special Use Permit, granted by hearing shal I be published in the official newspaper at 1. The date, norih point, map scale, name and address <br /> the Council, afTer the procedures set forih in this Or- leastten (10) dayspriortothedayofihehearing. <br /> dinancehavebeencom IiedwilhandtheCouncil,onihe of the applicant, owner, operaTor, surveyor, engineer <br /> P b. Maiied Notice; Rezaning Amendments and designer includingiheir license numbers and seals; <br /> basis of the guidelines and criteria seT forih in ihis When an amendment involves changes in disirict z. A correct legal description of the subiect property <br /> section, has cle?=rmined ihai the facts and cir- boundaries, i.e. rezoning, an additional notice shall be <br /> cumstances of the particular case warrant granting the mai!ed at least ten (10) days before the day of the made and certified to be a registered land surveyor; <br /> Permit. The Permit shall be granted solel 3. Depiction of all water courses, lakes, marshes, <br /> Y for the hearing to each owner of affected property and properiy wooded areas, rock ouPCrops, power iransportation <br /> propr,sed use of a parTicular site, not for a particular situated wholly or partly within Three hundred and fifty <br /> person or firm. (350) feet of the property to which the amendment Polesandlines,gaslines,singletreeswithadiameterof <br /> b. General Criteria eighi (8) inches or more as measured Three (3) feet <br /> relaTes. For the purpose of giving mailetl notice, the above the base of the Trunk, and any other significant <br /> ;n deTermining whetherto grant a Special Use Permit Zoning Adminisirator may use any approprite records existing feaTUres. <br /> for the proposed use of a particular site, the Council to determine the names and addresses of owners. A q, Delineation of Topography of subiect property with <br /> shal I consider the factual findings, conclusions, and copy of the notice and a I ist of the owners and addresses conTOUr intervals of noT more than two (2) feet and <br /> recommendations of the Planning Commission, as to which the notice was sent shall be atTested to by the supplementals of one (1) foot in exiremely flat areas, <br /> contained in its report, and both shall consider the effect ZoninS Administrator and shall be made a part of the the data for which shall be derived from the fifth <br /> of the proposed use upon the healih, safety, con- records of the proceedings. The failure to give mailed general adjusiment of 1929; <br /> venience, and general welfare of the owners and oc- notice to individual prQperty owners, or defecis in the 5. The location, right-of-way widih, dimension, and <br /> cupanis of surrounding land, in particular, and the notice shall not invalidate the proceedings, provided a names of existing or dedicated sireets or other public <br /> community as a whole, in 9eneral, including but not bona fide attempt to comply with ihis subdivision has lands, permanent buildings and siructures, easemenis, <br /> limited to the following factors: Exis4ing and an- been made. section and corporate lines within the subject property <br /> ticipated traffic and parking conditions; noise, glare, J. Rezoning Amendmenis; Additional Procedures in and within a distance of one hundred feeT (100) of the - <br /> odors, vibraTion, smoke, dusT, air pollution, heat, iiquid Subdivision B outer limits thereof; <br /> or solid wasie, and oTher nuisance characteristics; Rezoning amendmenis shall also be governed by the 6. Descripiions, reference ties and elevations of all <br /> drainage; population tlensity; visual and land use provisionsseTforThin Subdivision B ofihissection. bench marks; <br /> compaTibiliTy with uses of and siructures on surroun- 4. Public Hearing by PlanninE Commission 7, Location of all monumenis, existing at the time of <br /> ding land; adjoining iand values; and the orderly Within sixiy (60) days after the date of receipt of the the survey and ihose which the surveyor shall have <br /> development of the neighborhood and the City within the application by the Zoning Adminisirator or the Coun- located at the corners of the subiecT property; and <br /> general purpose and intenT of ihis Qrdinance and the cil's initiation of the amendmenT, the Planning Com- 8. Reference to and relations of municipal, township, <br /> Comprehensive Development Plan for the City. mission shall hold a public hearing and make a wriYten counTy orsection lines to linesof the subiect property by <br /> C. Imposi4ion of Conditions: Vialations Thereof repori To the Council of iTs findings, conclusions and distances, angles, radii, internal angies, poinis and <br /> In the granting of a Special Use Permit, the Council recommendations,unlesstheCommission,uponwritten curvatures, tangent bearinys and lengihs of all ares. <br /> may impose such special conditions, in addition io the request of the applicant, granis a time extension. c, Site Plan <br /> gen2ral conditions and requiremenis of ihis Ordinance 5. Atlditional Hearings Council The siTe plan shall conTain such information as may <br /> Sovhich every Special Use PermiT shal{ be subiect, as it The Council may hold additional hearings within be deemed necessary or desirable including, but not <br /> deems necessary toserve and protectihe healih, safefy, ihirty (30) days after the receipt of the report from the limiTed to the following: <br /> convenience and general welfare of the community. Commission. If the Commission fails to make a report 7. Location of all existing and proposed buildings and <br /> Sucn condiTions may include, among oiher ihings, a within sixty (60) days after receipf of the application, siructures on and within one hundred (100) feet of the <br /> time limit wiThin which the special permitted use, or a ihen the Council shall hold a Public Hearing wiThin outer limits of the subiect property, along with their <br /> por*ion thereof, or improvemenis in connection ihirty (30) days afTer the expiration of said sixty (60) heighis, square footage and tlimensions; <br /> iherewith are to be established, consirucizd, completed, day period, unless the Council upon receipt of a writien p. Location of curb cuts, driveways, parking spaces <br /> or commenced and a requirement ihat the person or requesi, granis an extension of Time. Failure to receive <br /> firm To whom the Special Use Permit has been granted a reporifrom ihe Commission as herein pravided, shall and off-sireet loading areas; <br /> 3 Loc <br /> deposit wiih the City either case or a Performance bond noT invalidate the Proceedings or actions of the Council. sto. ation , size, and type of STOra9e facilities for the <br /> rage of irash, waste materials and snow; <br /> Page Seven <br />