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<br /> ~ <br /> <br /> <br /> Ordinante 213 (continued) in a sum equal to one hundred and twenty five percent 6. Action by Council <br /> (125 percent) of the estimated cost, as determined by TheCouncilmusitakeactiononiheapplicationwithin <br /> Dwelling the City Engineer, of improvemenisto be constructed in sixTy (60) days following the report to it by the Com- <br /> Uptofour(4)domesticanimals,excludingbirds,may accordance with the Permit to insure compietion mission or following a hearing held by the Council. <br /> be kept in any dwelling uniT, but not more ihan iwo (2) thereof within the time limit specified in the Permit. 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 applicant if any shall be <br /> c. Animals for Rcsearch specifically stated in the Permit. The violation of any noTified in wriTing of the Council's acTion. <br /> Animals for research ma be ke t in a special or general condition seT forih in a Special Use 7. Resubmission ot Denietl Application <br /> y p ppropriate permit shall consTitute a violaTion of ihis Ordinance. <br /> places by Special Use PermiT. No application which has been denied wholly or in <br /> D. Changes in Specially Permitted Use part shall be resubmitted for e period of six (6) monYhs <br /> 10. Sife 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 usespeciallypermilTedihereundershallbeesiablished, g. Effectuation of Amendment <br /> shall be 3:1. conducied and maintained in conformity with the terms In the event an application or amendment initiated by <br /> b. Earth surfaces shall be planted or stablilized to Thereof, including all condiTions set forth therein. Any the Council or the Commission is approved, an ap- <br /> prevent erosion. sirucTUral alTeration, enlargement, or intensificaTion propriate amending oridnance shall be executed and <br /> c. Finished slopes and grades shall not cause adverse Thereof, or similar change not specifically permitted by published. Rezoning amendmenis shal I describe the <br /> drainage effecis on adjoining properTies. the Permit, shall require an amended Permit, and all properiy rezoned by iTS legal description, and shall be <br /> G. Requiremenis for Vehicular Circulation Procedures shall apply as if a new Permit were being indicafed on the Official Zoning Map, but ii shall noT be <br /> 1. Traffic and Circulation requesfed provided, however,ihaT when such changes necessary To re-publish said zoning map to effectuate <br /> AIl commercial and indusirial buildingsor siructures are deemed To be insignificanT by the Zoning Ad- the rezoning amendment. <br /> and iheir accessory uses shal I be accessible to and from minisirator the requirements of a publ ic hearing may q. ElfecT of Rezoning Amendment Upon Com- <br /> nearby public sTreeis and sidewalks by driveways and be waived. prehensive Development 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 wiih <br /> traffic generated by a commercial or indusirial use a special condition a Time limit, ii shall 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 after the amendment to the Comprehensive Development Plan. <br /> avoid congestion on the public sTreets, iraffic hazards, date on which it was granted unless the use for which it B. Rezonings <br /> and excessive traffic ihrough residential areas, ~'as granted has been substantially established or <br /> par- 1. Application <br /> ticularly truck traffic. The adequacy oi any proposed constructed or unless upon written application made by The applicant for a rezoning shall fill out and submit <br /> traffic circulaTion sysTem to accomplish ihese ob- thepersontowhomihePermitwasgrantedwithlnsuch to the Zoning Adminisirator an application together <br /> jectives shall be determined by the City which may Vear, the Council shall have extended the expiration wiih the required fee and six (6) copies of the <br /> require such additional measures for iraffic conirol as date of such PermiT for an additional period, noT To documentaTion required by ihis subdivision. <br /> deemed necessary, including but noT IimiTed To the exceed six (6) months. 2. DocumentaTion Required <br /> following: DirecTional signalization, channelization, If the usefor which any Special Use Permit has been The applicanT shall file the following documentaTion <br /> siandby turn !anes, illumination and siorage area and 9ranted has ceased or has been discontinued for a To support his application for a rezoning: <br /> distribuTion faciliTies within the commercial site to Period of ninety (90) consecutive days, the Permit shall a. Ownership Report <br /> prevent back-up ot vehicles on public sTreets. Internal automatically expire and becomevoid atiheend of such day period. An ownership reporf showing the apparent record <br /> site Traffic shall be designed to separate perimeter nineTy (90) owners of the property and ihose wiihin Three hundred <br /> irafric 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 whichisihesubiectofiheapplication.lfTheapplicantis <br /> safe manner such as bui noi limited to orienting parking No Bui Iding Permit shal l be issued for any use in a not the record owner ot the property, written consent of <br /> aisles toward the principal site uses. zoning disirict 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 pariicular b. Location Map <br /> A buiiding permit shall be required in such case tlisirict, until after the Special Use Permit has been A map indicating the general location of the subiect <br /> where a commercial, indusTrial, public or semi-public 9ranied by the Council. property. <br /> land use is intending to construct an on-site parking G. Special Uses c. Survey <br /> facility containin9 a site aggregate of more ihan four Special uses and the particular zoning disTricis in A ploi 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 Iocation of all buildings and siructures on and within one <br /> a site plan for which a building permit has been issued. designated in the Land Use Chart set forih on page 2-4 huntlred (100) feet of the property. <br /> 3. Driveway WidThs: (Measuremenis Between hereof. d. Comprehensive Plan Statement <br /> Roadway Edges) H. Medium and High Density Residential Uses A written statement indicating how the proposed <br /> Type: One-way, maximum feet: 25, minimum feet: In the granting of Special Use PermiTs for medium rezoning will be in harmony with and inconformity with <br /> 10 and high density residential uses the Council shall first the Comprehensive Development Plan for the City. If <br /> Type: Two-way, maximum feei: 25, minimum feet: find Thai the proposed deveiopment is in cqmpliance the proposed rezoning is not in conformity with said <br /> 20 with ihe adopted Comprehensive Development Plan for plan, the sTaTemenf shall clearly demonsirete ihat the <br /> 4. Minimum Driveway Angle to Public Street Arden Hills, boih in terms of the various policy proposal is equal to or better ihan the Plan. Ii shall be <br /> Thiriy (30) degrees when public streetis one-way or statemenis and the site location set forih iherein. shown ihaT There has been an essential change in the <br /> divided, otherwise sixty (60) degrees. SECTION V111 - ADMINISTRATION AND conditions and-or characier of the area since the <br /> 5. Minimum Distance of Driveway from Sireet In- PROCEDURES properiy was last zoned. <br /> 4ersections A. Amendments e. Development Plan <br /> Distance shall be measured along sireet righT-of-way 1- IniTiaTion In order to visualize the results of any rezoning, the <br /> line between 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 shal I be used by the Commission and <br /> if the driveway andiheintersecting andihedrivewayenters Council for discussion purposes only, buT will serve to <br /> enters a street sireetisclassified lane appraaching or illusirate the potential development of the siTe should <br /> classified as a as a leavingintersection the rezoning be 9ranted. <br /> Approaching Leavingt 3. Business DisTricTs <br /> Local STreet Local sireet, Collector Before any new area is rezoned to a business <br /> sireet or Minor Arterial 15 ft. 15 ft. classification, the properTy must be located adjacent to <br /> Maior Arterial 20 ft. 15 ft. an arterial or collector road as shown on the Com- <br /> Collector STreet Local Sireet 20 ft. 15 fi. prehensive Development Plan, or the rezoning will be <br /> and Minor Collector, Minor an exiension of an existing business disirict. <br /> Arterial Arterial 25 ft. 15 ft. C. Special Use Permits <br /> Major Arterial 35 ft. 20 ft. 1. Applicatian <br /> Maior Arterial Local STreet 20 fT. 15 ft. 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 /> MajorArterial 40ft. 20ft. documentation required by This subdivision. <br /> Expressway Ramp 200 fT. 100 ft. 2. Documentation Required <br /> The applicani shall file along with the required ap- <br /> +NoTe: Minimum distance to be the same as ihat of affected property owner(s). Hn amendmenT not Plication fee the following documentation to support his <br /> specified for approaching lane if left turns are application for a Special Use Permit unless, in the <br /> per- initiafed by the Commission shall be referred to the <br /> opinion of the Zoning AdminisiraTor, certain of the <br /> mitted into or ouf of driveway. Commission for siudy and report and may not be acted <br /> SECTION VII - SPEC7AL PRINCIPAL USES upon by the Council until it has received the recom- following documents or paris ihereof can be waived <br /> A. Purpose and Intent mendation of the Commission on the proposed amend- until further requesi: <br /> IT is recognized ihat ceriain principal uses of land, ment or until sixiy (60) days have elapsed from the date a. Ownership Report <br /> although generally compatible with the basic use The ownership report shall show the apparenT record <br /> of reference of the amendmenT To the Commission, owners of the property which is the subject of the ap- <br /> classification of a particular zoning disTrict, should noT Whichever occurs first. plication, and Those within ihree hundred and fifty (350) <br /> be permiited generally and as a matter of right To be 2. Official Notice of Public Hearing feetoftheouterlimiTSihereof. IfTheapplicant isnotihe <br /> iocatedin every area included wiThin the zoning disirict 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 shal I also be filed. <br /> problems which its proposed locaTion may presenT. Such has been held Thereon by the Commission or the Council. b. Survey <br /> a useof a particular site may, neveriheless, be specially q notice of the time, place and purpose of the public The survey shall coniain the following data: <br /> permitted by mears of a Special Use Permit, aranted by hearing shall be publ ished in the official newspaper aT 7. The daTe, north point, map scale, name and address <br /> the Council, after the procedures set forih in ihis Or- leastten (10) daysprioriothedayofthehearing. of the applicani, owner, operaYor, surveyor, engineer <br /> dinancehavebeencompliedwithandiheCOUncil,onihe b. Maiied Notice; Rezoning Amendments <br /> basis of the guidelines and criteria set forih in ihis When an amendment involves changes in disirict anddesigner includingiheir license numbers and seals; <br /> section, has determined That the facis and cir- boundaries,i.e. rezoning, an additional notice shall be 2. A correctlegal description of the subiect properTy <br /> cumsTances of the parTicular case warranT granting the made and certified to be a registered land surveyor; <br /> mailed at least ten (10) days before the day of the 3. Depiction of all water courses, lakes, marshes, <br /> Permit. The Permit shal I be granted solely for the hearing to each owner of affected property and properTy Wooded areas, rock outcrops, power Transportation <br /> proposed use of a particular site, not for a particular situatetl wholly or partly within ihree hundred and fifty poles and lines, gas lines, single ireeswith a diameter of <br /> person or firm. (350) feet of the property to which the amendment <br /> b. General Criteria relates. For the purpose of giving mailed notice, the eight (8) inches or more as measured Three (3) feet <br /> In determining whether to grant a Special Use Permit above the base of the irunk, and any other significani <br /> Zoning AdminisTrator may use any approprite record5 exisTing feaTUres. <br /> tor the Aroposed use of a particular si?e, the Council to determine the names and addresses of owners. A A. Delineation of topography of subiect properTy with <br /> shal I consider the factual findings, conclusions, and copy of the notice and a lisi of ihe owners and addresses conTour intervals of not more fhan two (2) feet and <br /> recommendations of the Flanning Commission, as to which the notice was sent shall be atTested to by the supplementats of one (1) toot in exiremely flat areas, <br /> contained in its report, and boTh shall consider the effect Zoning AdminisTrator and shall be made a pari of the the data for which shall be derived from the fifih <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 property owners, or defecis in the 5. The location, right-of-way widih, dimension, and <br /> cupants of surrounding land, in particuiar, and the noTice shall notinvalidate the proceedings, provided a names of existing or dedicaTed sireets or other public <br /> community as a whole, in general, including but not bona fide attempt To comply with ihis subdivision has lands, permanent buildings and siructures, easemenTS, <br /> limited To the following factors: Existing and an- been made. <br /> ticipaTed iraffic and parking conditions; noise, glare, 3. Rezoning AmendmenTS; Additional Procedures in section and corporate lines within the subject property <br /> odors; vibration, smoke, dust, air pollution, heat, liquid and wiThin a distance of one hundred feet (100) of the <br /> Subdivision B outer limits ihereof; <br /> or solid waste, and other nuisance characteristics; Rezoning amendmenis shall also be governed by the 6. Descriptions, reference ties and elevations of all <br /> drainage; poRUlaTion density; visual and land use provisionssettorihinSubdivisionBOfihissection. bench marks; <br /> compatibility with uses af and sirucTUres on surroun- 4. Public Hearing by Plannin4 Commission 7, Location of all monumenTS, existin9 at the time of <br /> diny land; adjoining land values; and the orderly Within sixty (60) days after the date of receipi of the the survey and those which the surveyor shall have <br /> developmenlofTheneighborhoodandtheCitywithinihe application by the Zoning AdminisiraTor or the Coun- locatedaTthecornersofihesubieciproperty; and <br /> general purpose and intent of fhis Ordinance 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 written county or section linesto linesof the subiect property by <br /> C. Imposition of Contli4ions: Violations Thereof report to the Council of its findings, conclusions and distances, angies, radii, inTernal angles, poinis and <br /> In the granTing of a Special Use Permit, the Council recommendations, unless the Commission, upon written curvatures, tangent bearinys and lengihs of all ares. <br /> may impose such special condiTions, in addition to the request of the applicant, grants a time extension. SiTe Plan <br /> general conditions and requirements of This Ordinance 5. AddiTional Hearings Council The site plan shall contain such information as may <br /> towhich every Special Use P2rmit shali be sublect, as it The Council may hold additional hearings wiihin be deemed necessary or desirable including, but not <br /> deems necessary to serve and protect the healih, safety, ihiriy (30) days after the receipt of the repori from the limited to the following: <br /> corvenience and generaf we!fare of the community. Commission. If the Commission fails to make a report 7. Locafion of all exisiing and proposed buildings and <br /> Such corditions may include, among other Things, a within sixty (60) days after receipt of the application, structures on and wiihin one hundred (100) feet of the <br /> time lim:t within which the special permitTed use, or a ihen the Council shall hold a Public Hearing within outer limits of the subject property, along with iheir <br /> portion Thereof, or improvemenis in connection ihiriy (30) days after the expiration of said sixty (60) heights, square footage and dimensions; <br /> iherewiih are To be establ ished, consiructed, completed, day period, unless the Council upon receipt of a written p. Location of curb cuts, driveways, parking spaces <br /> or commenced and a requiramer.t ihat the person or request, granis an extension of time. Failure to receive and off-street loading areas; <br /> firm to whom the Special Use Permit has been granted a report from the Commission as herein provided, shall 3. Location , size, and type of storage faciliTiesfor the <br /> deposii with the City either case or a performance bond not invalidaTe the proceedings or actions of the Council. sTOrage of irash, waste materials and snow; <br /> Page Seven <br />