HomeMy WebLinkAbout7J Zoning Code Amendment for B2 Interim Use� '� EN HILLS
City Council
Agenda Packet Item:
March 31, 2008
�
EN HII..LS
Request for Council Action
Prepared By: Meagan Beekman
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Dept.: Community Development
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Gouncil Mtg. Date: 03-31-08
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Final Action Needed By:
A. Motion to Approve Ordinance 2008-003 in Planning Case 08-009 ta Add the�lnte
Arden Hiils �oning Code as Proposed in the March 31, 2008, Planning Case Report.
Budgeted Amount:
Actual Amount:
Funding Source:
Use Aermif Process
5ubd. 7, in
B. Motion to Approve Ordinance 20D8-004 in Planning Case OS-009 to Add InstituEionaE Housing as an InEerim Use in the B-2 District ir�
Section 7320.085, Subd. 4 and 5ubd. 11, irt fhe Arden Hi[Is Zoning Code as Proposed in fhe March 31, 2008, Planning Case Report.
C. kVlotion to Approve Puhlishing a Summary of Ordinance 2008-pp3 to Add ihe Interim Use Permit Process to the City Zoning Code and
Ordinance 2008-004 to Add Institutional Housir�g as an Interim Use m the B-2 pisfrict as Permitted by Minnesota State 5tatute 4'12.191 Suhd 4.
e[�rainance 20U8-003 in Planning Case Q8-009 to Add the Interim Use Permit Process in
Code as Proposed in the March 31, 2608, Plartning Case Report.
7, in the Arden
Approve Ordinance 2008-004 in Planning Case 08-009 to Add InstitutionaE Housing as an Interim Use in the B-2 District in Section 1320.085,
Subd. 4 and Su6d. 71, in the Arden Hilis Zoning Cod� as Proposed in the March 31, 2008, Planning Case Report.
Approve Publishing a Summary of drdinance 2008-003 to Add the InYerim Use Permit Process Yo the City Zoning Code and Ordinance 2008-
OQ4 to Add Instifutional Housing as an Interim Use in the B-2 District as Permitted by MinneSota State Statute 412.191 Su6d 4.
March 31, 2006, Memo to the City Council
ResoEution No.:
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prdinance No.:
_....
Engineering Recorr�mendation:
Attorney Recommendation:
2008-003; 2008-004
A— Draft Planning Commission Meeting Minufes
_ - --,,, „ _._.__... ..,,.....,. _ _..,,
', B— Proposed Zoning Ordinance t355: AdministraEion and Procedures, "Black-lined"
X!:Other: ; C— Proposed Zoning Ordinance 1320: District Pro�isions, `Black-lined"
< D— Proposed Appendix A— Procedures
E— Ordinance 20U8-003 and 2008-Q04, and Summaries
_ [ F— Plan�ing Case Repart DB-4Q9 to the Planning Commission
�
EN HILLS
MEMORANDUM
DATE: March 3l. 2008
TO: Mayor & City Council
FROM: Meagan Beekman, Planner I
James Lehnhoff, City Planner
SUBJECT: P�anning Case #OS-009
Zoning Code Amendment
Add Interim Use Permit Process to the Zoning Code
Add Institutianal Nousing as an Interim Use in the B-2 District
Citv of Arden Hills
Req�ested Action
l_ Motion to Approve Ordinance 2008-003 in Plann�ng Case 08-009 to Add the Interiz� Use Permit
Process in Section i355_04, Subd. 7, in the Arden Hills Zoning Code as Proposed in the March 3l,
2008, Planning Case Report.
2. Mvtion to Approve 4rdinance 20Q8-004 in Planning Case QS-009 to Add Institutional Housing as
an Interim Use in the B-2 District in Section 1324.085, Subd. 4 and Subd. 11, in the Arden HilIs
Zoning Coc3e as Proposed in the March 3l, 2008, Planning Case Report.
3. Motion to App�-ove Publishing a Summary of Ordinanee 2fl08-003 to Add the Interim Use Pe�it
1'rocess to the City Zoning Code and Ordinance 2008-004 to Add Institutional Housing as an Interim
Use in the B-2 Dist�-ict as Permitted by Minnesota State Statute 4I2.191 Subd 4.
A vote of 4/5 majo�ity is required to amend the City s Zoning Code and publish a summary of
changes.
�ac�ground
The Davidson Cornpanies has submitted an applicat�on to add the Interirr� Use Permit process to
Ehe City's Zoning Code and to add institutional hous�r�g as an interim use within the B-2 District.
'T'he Dal�idson Companies has entered into a purchase ageement for the property �ocated at I201
City of,4rden .F�ills
Ciry Councal Meeting forMarclr 31, 2008
11,1�JeL�o-inel.uslmdenlri115 iAla�u�rnglPlanr�iirg Cases110b$I (18-Ofl) Zaaing Code Addirion - Inrer-um Use f'er�mit (PC ApproredJ1033108 - CC
Repw 1- IL'P Zafting .4mendmet�r.doc
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County Road E(the former Holiday Inn). The applicant is proposing to rr�aintain ownership of
the property while �easing it to Northwestern College to use as institutional housing, more
commonly called student dormitories, for a period not to exceed three years. This arrangement
requires an Interim llse Pennit, which is similar in �ature �o a Conditional Use Permit; however,
an Interim Use Permit includes an expiration date for when the interim use must end. State
Statute does not provide for the placement of expiration dates on conditional uses, therefore, an
Inte�rr� Use Permit is required to grant such a req�est.
As part of this request, Davidson Companies has also submitted an application requesting an
Interir� Use Perrr3it to operate institutional housing in the B-2 District (See: PC# OS-OIO}. That
application is contingent upon approval by the City Council of the addition of the Interim Use
Permit process in the Zoning Code and institutional hoUsing as an interi�n use in �he B-2 District.
Interim Use Perm�it Process
The interim tase peimit process is very siani�ar to a conditional use permit pracess. An interixra
z�s� is penmitted with special review from the City based on specifc criteria and conditions can
be placed on the irzCerirn use. A unique feature of the interim use permit is that an expiration date
can be set that will end the permit on a set date. As noted above, State Statute do no� provide for
a City to impose time limits on conditional use permits_
Minn. Stat. � 462.3597, grants cities the authority to include interim use permits in the zoning
code and place conditions and termination dates on them. In order to issue an interim use permit,
a city's zoning code mUst autha�ize the use and provide for an evaluation proeess_ The city has a
right to hold a financial surety to ensure that the use wi]] be terminated by the set date and to use
that surety to terminate the use if the property owner has not done so. In addition, the proposed
code has a regulation that a property can onIy be issued an interim use perrr3it foz' a particular use
once, and the maxiinuin time Ii�nit for an inter�m use is three years; therefore, it would not be
possible for a use to renew the permit heyond three years.
The interim use permit process is an additional tool a city can utilize to achieve stated goals a�d
implement the Comprehensive Plan. 4nce the process is in plaee, a city can determine what uses
would be appropriate interim uses and in which districts.
Staff has proposed additions to the zoning code that would author�ze interirn use permits_ In
addition, Staif is proposis�g criteria, against which interim use permik applicants would be
evaluatec� (Attachment B, Pages 8-] 0). The City Attorney �as reviewed the proposed code
language, and his comments havE been incorporated into the prQposed code addition.
Ci�j� of A��den Hills
City Council Meeting for March 31, 2008
I;Melro-inet_rrs Im�des�ki(1slPlm�nrngl plam�ing CasesV2(1081(18-009 Zo��i�eg Code Addition - Inip�zrm Use Permit (PC Rpp��ai�edJ1033I48 - CC
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Institutional Housin in the B-2: General Business District
The appiicant is requesting "Institutiona} Housing' be added as an interim use in the B-2:
General Business District Zone. A fu11 list of permitted, conditiona�, and accessory uses in the
B-2 Zone is in Attach�nent C(Page 9). The B-2 Zone generally encompasses those properties
alon� County Road E between Lexingeon Avenue and Highway S1iSnellin� Avenue.
Section 1320.�4 Subd i states that the purpose of the B-2_ General Business Distric# is:
A. To group compatible retail and service business uses which will tend to
draw trade that is �naturally inEerehangeable and so promotes business
prosperity.
B. To provide an adequate suppIy of businesses and professional service
areas to meet the needs of the residents.
C. To promote a high quality of total co�nanercial development and design
that produces a positive visual image.
D. To minimize the effects of traff c congestion, noise, odor, �lare and
similar safety problems
C�trrently, the Zaning Ordinance permits institutiona] }aousing as a conditional use in all
residentzal disiricts in the City and the CC: Civic Center Districk. Institutional Housing is
defined in Sectian 1305.04 Subd. 80 of the Zoning Orc�inance as:
h�stitutional housing. Student or. faculty hausing for four (4) or more persons
on rental basis, Yest ho�ne, hospital, sanalpYiun2, nursing horne, convalescent
hame, orphan home.
The applicant has subrr�itted a letter explai�ing the reasons for the proposed Zoning Ordinance
addition_ T�e City does not have a specific set of revievv criteria for evaluating a Zaning
Ordinance addition; however, the primary issues to consider is�clude (but are not limited to}_
1. 3s thc proposed use connpatible with the ot3�er uses in the B-2 Zone?
2. How will the proposed use affect the B-2 Zone?
�"Ie;� reviewing a Zoning Ordinance amendment or addition, it is important to consider how the
change would affect the e�tire zone instead of one specific property. If approved as proposed,
institutional housing cauld, in theory, be an interim use on a�ty progerty in the S-2 Zone.
However, the proposec3 ordinance rec�uires that in order for an interim use permit to he approved,
each roo�n that is used for institu�ional housing wo►�ld have to have its own bathroom. This
regulation would severe�y iir�it the existing buildings that could be reasonably suitable for short-
ten� use as instih�tional ho�sing.
Ciry ofl4rclerr Hills
City Cauncil Meetirtg fa' March 31, 2008
I VMe1ro-u�et.uslarde�T/rills'�PlmaninglPlpns¢i:tg Cases110(18:(18-00� Zonii�g Code rtddilion -/nte�um Use Permil (PC �lpprored)1033108 - CC
Report - !UP Zoning Amendmenl.da�
Page 3 of S
The stated purpose of the B-2 Zoning District is retail focused; therefore, it is important ta note
how institutional housing would irnpact retail uses within the dastrict. Overall, institutional
housing is unlikely to have a negative impact on the B-2 Zone. Traffic patterns would typically
peak in the morning and ear�y evening, which is compatible with a retail s�tting, and regulations
requir�ng a transit option to and from campus ca.n be included in the interim use per�nit review.
I� addition, retail �usiness could potentially bene�t from proximity to residentiai uses_
While there may not be a signi�cant negative impact from ins�itutionaI ho�sing, there is tY�e
potential for anstit�tianaI hausing to affect traffic patterns. ln addition, parking requirements for
institutionaI housing differ from that of retail. The iz�terim use permit process is designed to
ensure that parlcing, traffic move�nent, and other �otent�a� negative impacts of an interim use are
mitigated as much as practical. It should also be noted that institutional housing is a conditional
use in other zones where it is aIlor�ved, and that the interim use review process would be sirr�ilar
to that of a conditianal �se permit. Staff is proposing additions �o the Zoning Code that �x�ould
set speci�c criteria for evaluating applications requesting an interirn use permit for institutional
hausing in che B-2 District (Attachment C, Page 1$}.
Recommendation
'l�he Planning Cam�nission voted unanimausly #o recammend approval (6-0) to add the Interim
Use Permit process and add institutional Housing as an interim use in the B-2 Distriet to the
Zoning Code.
Options
1_ Apprave the proposal as submitted.
2_ Approve the proposa] with conditions.
3. Deny �he application witl� zeasons for denial. If the City denies the petitioners request, "...it
must state in writing the reasons for the denial at the time it denies tl�e request."
4. Tabie for additional informatior►.
Deadline for A�encv Ac#ions
The CSty of Arden Hills received the completed application for tnis request on �ebr�aary 22,
2008. �'ursuant to Minnesota State Statue, the City must act on this request by Apri122, 2008 {60
days), un�ess the city provides the petitioner with written reasons for an additional 60 c3ay review
period. The City �nay, with the consent of the applicant, extend the review period beyond the
initial f 20 days.
Cety orArden Hills
City Council Meeting forMarch 31, 2008
llMetrn-iner.uslarde�rhillslPlm�nil�glP(crinri�rg Casesk2F108108-009 Zoning Code .kddilioj� - Inie�um Use Pernait (PCApprovedJ1fI33108 - CC
Repor! - IUP7�ni»g Rmeirdmenl.doe
Page 4 of 5
Attaehments
A— Draft Planning Cornmission Meetin�; Minutes
B— Praposed Zoning Ordinance } 355: Administration and Procedures, "Black-lined"
C— Proposed Zoning Ordinance 1320: District Provisions, "Black-lined"
D — Proposed Appendix A — �'rocedures
E— Ordinance 2008-003, 2008-OQ4, and Summaries
F— Planning Case Report 08-009 to the Planning Commission
City of,4rden Hills
Ciry• Council Meeting forMarch 31, 2008
IleLlelra-inel.uslmdenlrillslPlu�tning'iPla�tning Cases12008l08-009 Zoreing Cpde Addi�ion - Lrte�tiun Use Permit (PC Approi�edJ1033108 - CC
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Page 5 of S
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Attachment
Draft Planning Commission
Meeting Minu�es
Fram March
5, 2008
March 31, 2008, City Cauncil Meeting
March 5, 2008, Planning Com�nission Meeting
DRAFT Meeting Minutes
PLANNING CASE # OS-009 — ZQNING CODE ADDITION FQR AN INTERIM
USE PERMIT PROCESS AND INSTITUTIONAL H�USiNG AS AN INTERIM
USE IN THE B-Z DISTRICT• DAV�DSON COMPANIES- PUBLIC HEARING
Ms. Beekman requEsted cQnsideration to add the Interim Use Pez-rn;it process to
the Zoning Code and add institutional housing as an interim �zse in the B-2
Generai Business District. 5he then provided backgrounc� information and said
Staffrecommends approval of the proposed ordinaa�ce changes.
Chair Larson inquired if the term of the interim use permit and the provision that
there be no extensions are fram State Statute. Ms. Beekman statec� that they were
not and they were added hy City Sta�'f.
Chair Larson clarified that there was no expiration date requirec� according to the
State Statt�te. ]V�s. Beekrnan stated that there isn't.
Chair Larson opened the floor to Commission questions.
Cammissioner Sand inquired if the interim use wa�ld only appIy to the B-2
distriet. Ms. Beekman stated that it would.
Commissioner Sand inguired if the institutional housing would only apply to the
B-2 distriet. Ms_ Beekman stated that it wotald.
Mr. Lehnhoff stated within the City Code the inte�m use process woUld be open
to other uses, but institutional housing is the only intez7im use within the code for
the B-2 distr�et.
Commissioner Sand stated that if there were to be other uses it would need to be
in a different section of the code.
Mr. Lehnhoff expla�ned that there would need to be a public k�earing as well.
Cotnmissioner Sand inquired ifthe 3 year term wotzld be in the lease agreement or
in the amendment of the zoning code. Ms. See�man stated language abaut
t�e 3 year term would be in both. She stated the 3 year term limit is defined in
Section 1355.
Commissioner Sazad noted that this de�nition af the 3 year term limit is broader
than the definition i� Section 1320.085 Subd. 4. He stated there is a provision to
allaw ii�terim use permits to be allowed in rnore than the B-2 district.
Ms. Beekman stated that they are proposing that the interim use permit process be
a process within the City� s procedures and currently in the B-2 district
instit€�tiona� housing be the only interim use permitted within tl�e City. She stated
at a future date the City could choose to add other interim uses to other drstricts.
Commissioner Stodola stated she eould envision a situation where an interim use
would be 3%z years and inquired if they are being too reskrictive with a 3 year
limit.
Chair Larson stated that the 3 year limit is to address this specific situation. He
stated he would like Staff to further look into the 3 year limit. He stated he is
concerned about the 3 year limit with no exte�sion. He statec� the limit could be
changed in the fiiture.
Commissioner Stodola stated thai tl�ey shouldn't write it in a way if they
anticipate it to be changed in the future.
Mr. Lel�nhoff stated that he did look at the p�-ocess of interim use permits in other
cities around tl�e metro. He stated 3 years was a coanmon Iength of time. He
stated that if a renewal process is necessary, it wo�ldn't be difficult to do. He
statec� the intent of an interim ttse permit is that it is temporary and a co�ditional
�se perrxait wauld be inore appropriate for something that would last for a long
�ime.
Commissioner Holewa stated that they had disc�ssed a�noratoriurt� for the B-2
district for one year.
Mr. Lehnhoff stated that moratoriu�ns are li�nited to one year by State Statute.
Chair Larson opened the public hearing at 7:36 p.m.
Chair Larson invitec� anyone for ar against the application to come forward and
�ake comrr�ent.
Chair Larso�n closed the publie hearing at 7:37 p.m.
Commissioner Holewa mo�ed, seco�ded by Commissioner Sand, to recornmend
approval of Plann�ng Case 48-Q09 #o add the Inter�rn Use Permit process to
Section 1355 of the Zoning Cade, as proposed i� the Mareh S, 2008, planning
case report.
Coxnznissioner Holewa stated that he thinks is a good use with the rn�oratoriu�n in
the B-2 district. He stated he thinks it is favorable far the college and the
neighbors.
Co�nmissioner Sand inquired about the language in Subd. 1 l in the B-2 district
and iransportation to the college.
The motion ca�-ried unanimously (6-0)_
Corr�missioner Modesette moved, seconded by Com�nissioner Thompson, ta
recomrnend approval of P�anning Case 08-009 to add Institutional Housing as an
interim use in the B-2 District in Section 1320 of the Zoning Code, as proposed in
the March 5, 2008, pIanning case report.
The motion carried unanimously (b-0).
Tnis PIanning Case will be reviewed at the Monday, March 31, 2008, City
Council meeting.
_ _ _ __ _
Proposed Zoning
Attaehment
Ordinance 13 5 5 :
Administration and Procedures
March 3l, 2008, C�ty Council Meeting
City of Arden Hills Chapter 13 Zoning Cvde
Section 1355 - Administration and Procedures
1355.01 Procedure for Puhlic Hea�ings.
Subd.1 Actions Requiring Public Hearings. Review of certain land use
procedures prescz�bed by this Zoning Code requires that a public hearing be held
prior to action by the City. These procedures include:
A. Amendmenis to the Zoning Code regulations;
B. Rezoning of land from one district to another;
C. Conditional Use Permits for Conditional Principal or Conditional
Accessory Uses;
D. Planned Unit Developments;
E. Comprehensive Plan Amendments;
F. Znterim Use Permits.
Subd. 2 Actions Wher� Public Hearings May be Required. Review of certain land
use procedures described herein, allow the City to hold public hearings whenever it
determines that adjoining property owners ar other residents shauld be advised oi a
speciiic proposal. T�iese procedures include:
A. Variances
B. Site Plan Reviews
Subd. 3 Notice of Public Hearing.
A. Published Notice. A notice of' the time, place and purpose of Public
Hearing sha�l be published in the Official newspaper at teast ten (14) days
prior to the day of the Hearing.
B. Mailed Notice. Rezoning of land, Conditional Use Permits, Interim
Use Permits, a�d Planned Unit Developments, shall require mailed notice,
ai least ten {10) days before the day of hearing, to each owner of property
situated vcrholly or partially within three hundred fifty {3S0) feet of the
boundary of the Property on which the application requiring the Aublic
Hearing is situated. The applicant shall be responsible for providing an
accurate list of owners, property identification numbers, addresses and
phone numbers io the Zoning Adrr�inistrator as certified by Ra�sey
County or a title company, printed on address labels. The City shall be
responsible for mailing the notices to the land owners.
3ection 1355 — Admnustration and Procedures
Adopted: November 13, 200fi
Page 1 of 12
City of Arden Hills Chapter 13 Zoning Code
C. Referral ta Others. The administrator shall also refer copies of the
application and required documentation in support thereof to other City
officials wi�o have an interesi therein in accardance with the required
administrative distribution sched�xle.
D. Record of Noiice. A copy of the notice and a list of the names and
addresses to rrrhich the notice was sent sha11 be attested to by the
adm�inistrator and shall be made a part of the records of the proceedings.
E. Failure of Written Notice. The failure to give mailed notice to
individual property owners shall not invalidate the proceedings, provided a
bona fide attempt to camply with thzs subdivision has been made.
�ubd. 4 Public Hearing �iy Planning Commission. Within sixty (60) days after the
date of receipt oi the comple�ed application from the landowner, by tl�e zoning
administrator or the Ciry Council's ini�iation of the proceedings, the Planning
Commission shall hold a public hearing and make a written report to the Council of
its findings, conclusions and recorn�endations, unless the Commission, upon written
request of the applicant, grants a time exiension. Tkae applicant or his representative
shall be given the opportunity to appear before the Commission to answer questions
ar give explanations regarding the proposaL The Comrnission may adjourn the public
hearing to its next meeiing, either regular or special, and may continue its study and
consideration of the application at meetings subsequent to the m�eting at which the
public �earing was initially held. Upon completion of the public hearing and its study
and consideration of the application, the Commission shall st�brnit its writ�en report,
containing zts findings, conclusions, and recornmendations as to the application, to the
Council.
Subd.S Additional Hearings by Council. The Council may hold addztional
hearings within thirty {30) days after the receipt of the report frorn the Commission.
If the Cornmission fails to make a report within sixty {60) days after receipt oi the
application, then the Council shall hold a public hearing within thirty {30) days after
the expiration of said sixty (60} day period, unless the Council, upon receipt of a
written request from the applicant, grants an extension of time. Failure to receive a
report from the Commission, as herein provided, shall not invalidaie the proceedings
or actions of the Council.
Su�d. 6 Action by Council. The Council must take action on the applicatzon
within sixty {60) days following the report to it by the Commission or %llowing a
hearing held by the Council. Council action may include approval, denial or referral
back to thE Commission. Council action may inclt�de approval in whole ar in part,
tabling for a specified period of time, oz z-eferral back to the Commzssion for its
furtk�er consideration and report to the Council within a specified periad of tirr�e not to
exceed sixty (60) days from ihe date of such referral. The applicant shall be notified
in writing of the Cauncil's action.
Section 1355 — Administration and Procedures
Adopted: November J 3, 20Q6
Page 2 of 12
City of Arden Hills Chapter 13 Zoning Code
1355.02 Pgocedure for Actions Not Requiring Public Hearings.
Requesis for Variances and �ite Plan Reviews do not require that a public hearing be held but the
Flanning Comrnission may determine that adjoining prop�rty owners should be invited to their
rneeting to offer responses to the a�plication, prior to action by the City.
S�tbd. 1 Placing Request on Planning Commission Agenda. Within sixty (60) days
after the date of receipt of the application, the Zoning Adminis�rator shall place the
�equest on the Planning Commission Agenda.
Subd.2 Referral to Qthers. The adzninistrator shall also refer copies of the
application and required documentation in support thereof to other City officials who
have an interest therein in accordance with the required administrative distribution
schedule.
Subd. 3 Planning Commission Consideration. The applicant or his representaiive
shall be given the opportunity to appear before the Cornrnission to answer questions
or give explanations regarding the proposal. The Commission may adjourn the
discussion ta its next meeting, either regular or special, and may continue its study
and consideration af the application at meetings subsequent to the meeting at which
the initial discussion occurred. Upon connpletion of its study and consideratian of the
application, the Commission shall submit its written report, containing its finding,
conclusions, and recommendations #o the Council and shall be placed on the next
Council agenda after the application has been considered by the Commission. At
such meeting the Council shall consider the report of the Commission thereo�.
Subd.4 Council Consideration. In considering ap�lications, the Council shall
consider the advice and recornrnendations of tlie Co�nmissian and z�nay approve the
request if it determines that the request is permissible in accordance with the ciiy
standards. Such applications may be denied by action of the Council, and such action
shall constitute a finding and determinatio�x that the conditions required for approval
do not exist.
Subd. S Action by Council. The Council must take action on the application
within sixty (60) days following the report to it by the Cammission or following a
hearing {optional} held by the Council. Council action may include approval, denial
or re�e:riral back to the Commission.
1355.03 Application Requirernents for All Land Use Procedures.
Subd. �. Application. The applicant for City review of any land use procedure
requiring action by the Planning Cornmission and City Council shall fill out and
submit to the zoning administrator, the completed application form, and all zequired
docurnentatian.
Section 1355 — Administration and Procede�res
Adopted; Noverzaber 13, 200b
Page 3 of 12
City of Arden Hills Chapter 13 Zoning Code
Subd. 2 Docurnentation. Forms describzng the required docutnentation for each
procedure required hezein are included as Appendix A, Procedure Manual and are
available from the zoning acl�ninistrator.
1355.04 Procedural Requirements for Speciiic Applications.
Subd. 1 Zoning Code Amendment.
A. Public Hearing. A public hearing is required before action by the
Council.
B. Action ta Approve. A 4/5 vote of tk�e full Council is required far
action to amend the Zoning Code. In the event an app�ication fox
axnendrnent is approved, an appropriate amending ordinance shall be
executed and published.
Subd.2 Rezonings.
A. Consistency with Comprehensive Plan. Ii a proposed rezoning is not
consistent with the Arden Hills Conrxprehensive Plan the appiicani shall
apply fox a Comprehensive Pian Amendment concurrently wiTh the
application for rezoning. Written and graphic documentation shall be
provided by the applicant, showing why the proposed amendment is
superior to the existing Plan and changes that have occurred that make t�e
Amendment appropriate.
B. Public Hearing. A public hearing is required for a Comprehensive
Plan Amendment and for the rezoning.
C. Action io Approve. A 4/5 vote of the full Council is required far action
to rezone property from one district to anothex and %r a Comprehensive
Plan Amendrnent. In tk�e event an application to rezone is ap}�roved, an
appropriate a�nending ardinance shall be executed and published.
Rezoning amendments shall describe the property rezoned by its legal
description, and shall be indicated on the officia� zoning map, but it shall
not be necessary io re-publish said zoning map io effectuate the rezoning
amendment.
D. Business and Industrial District Rezoning. Before any new area is
rezoned to a business or indusi�-ial classification, the property must be
located adjacent to an arterial or collector road as shown on the
Comprehensive Development Plan, or the rezoning will be an extension of
an existing business or industrial distz�ct and in conforrnance with the
in#ent of the Comprehensive Plan.
Section 1355 — Administration and Procedures
Adopted: November 13, 2006
Page 4 of 12
_ _____
City of Arden Hills Chapter 13 Zoning Code
Subd. 3 Conditional Use Permits.
A. Publzc Hearing. A public hearing xs required.
B. Action to Approve. Action to approve a conditional use permit
requires a majority vote of the full Council and must include a
determination that the facts and circumstances of the particular case
warrant gxanting the permit. The Caux�cil shall consider the factual
findings, conclusions and recommendations of ihe Planning Commission,
as contained in its report, and both shall consider the effect of th�
proposed use upon the health, safety, convenience a�nd general welfare of
the owners and occupants of surrounding land, in particular, and the
community as a whole, in general, including but not limited to the
following faciors: existing and anticipated traffic and parking conditions;
noise, glare, odors, vibrataon, smoke, dust, air pollution, heat, liquid or
solid waste, and other nuisance characteristics; drainage; populatian
density; visual and land use compatibiiity wiih uses and stx`uctures on
surrounding land; adjoining land values; park dedications wh�re
applicable, and the orderly development of th� neighborhood and the city
witlain the general purpose and intent ot' this Zoning Code and the
Comprehensive Development Plan for the City.
C. Irnpositian of Conditions. In the granting of a conditional use permit,
the Council may impose such conditions, in. addition to the general
conditions and requirernents of this Code to which every conditional use
permit shall be subject, as it deems necessary to serve and protect the
health, saf�ty, convenience and general welfare of the commuruty. Sucl�
conditions may include, among ather things, a time limit within which the
conditional use or a portion thereo% or improvements in connection
therewith are to be established, constructed, completed or commenced,
and a requirement that the person or firm to whonr� the conditional use
permit has been granted deposit with the City either cash or a performance
bond in a surx� equal to one hundred twenty �ve (125) percent of the
estimated cost, as determined by the City Engineer, of improvements to be
constructed in accordance with the permit to insure completion thereof
within the t�me limit specified in the permit. The conditions so irnposed
by the Council shall be specifically sfafed in the permit and maybe subject
to periodic review as determined by the Cotu�.cil. The violation of any
special or general condition set forth in a condztional use permit shall
co�istitute a violation of this Code.
D. Permit for Particular Site. A conditional use permit is granted for a
speciiic use at a specifzc site, not for a person or �rm.
E. Desigr�ated Uses. Uses for which conditional use permits are required
and the zoning distz-icts in which they are allawed are designa�ed in ihe
land use chart as set %rth in Section 1320 hez-eo£ No building permit
Section 1355 — Admuustration and Procedures
Adop#ed: November 13, 20D6
Page 5 of 12
_ __ _
City of Arden Hills Chapter 13 Zoning Code
shall be issued for any use in a zoning district wk�ich requires the issuance
of a conditional use permit before it can. be locaied in the particular
district, until after the conditional use permit I�as been granted by the
Council.
F. Discontinuance of a Conditional Use. If the use for which any
conditional use permit has been granted has ceased o� has been
discontinued for a period of ninety (90) consecutive days, the permit shall
automatically expire and become void at the end of such ninety-day
period.
Subd.4 Variaa�ces.
A. Public Hearing, A public hearing is not required but neighboring
property owners shall be notified.
B. Action to Approve. A majority vote of the Council is required for
action to grant a variance.
C. Intent and Purpose. Variances from the Iiteral provzsions of the
Zoning Code may be granted in instances where the strict enforcement
would cause undue hardship because of circuznstances unique to the
individual property under consideration. Va�riances sha11 only be granted
when it is demonstrated that such actions will be in keeping with the spirit
and intent of the Code. "Undue hardship," as used in coz�nection with the
gran#ing of a variance, means tkxe property iri question cannot be put to a
reasanable use uz�der conditions permitted by the Zoning Code, the pligl�t
of the Iandowner is due to circumstances unique to the property not
created by the landowner, and the variance, if granted, will not alter the
essential character of the locality. Economic considerations alone shall
not constitute an undue hardship if reasonable use for the property exisis
under the te�ns of the Code.
D. Variance Restrictions. In no case shall the granting of a variance
i�npair the health, safety, camfort aaad general we�fare of the public, nor
wili it be contrary to the intent and purpose of the Comprehensive plan,
the official map, ar this or any other ardinat�zc� of the City. Variances to
allow a use that is not permitted in the district shall not be granted.
E. Allowable Variances. Variances normally relate to the dimensional
provisions of the ordinances such as, but not limited to, building setback
Iines, lot area requirements and the like but may also relate to othex
req�irements, regulations or procedures.
F. Conditions to Insure Compliance. The Council may impose cozaditions
in the granting of variances to insure compliance and to protect adjacent
Section 1355 — Adu�inist�-ation and Procedures
Adapted: November 13, 2006
Page 6 of 12
Ciry of Arden Hills Chapter 13 Zoning Code
propertzes as well as the health, safety, comfort, and general welfare of the
public.
G. Height Variances. Variance to height of structure may be granted in
accordance wiih Chapter 1325.03 Subd 3.
Subd. 5 Site Plan Review.
A. Public Hearing. A public hearing is not required but neighboring
property owners may be notified.
B. Action to Approve. A majoriiy vote of the Cour�cil is required for
approval of a site plan.
C. Building �ermit. The issuance of a perrnit for a new building or
significant site modi�cation for a permitted or established use within a
Multiple Dwelling Zoning District or any business or industrial zoning
district shall require si�e plan approval by the City according to the
procedure defined in Chapter 1355.Q4.
Subd. 6 Planned Unit Developmient (PUD).
A. Two or Three Stage Process. The PUD application and review
procedure i�volves a Concepi Plan {optional), a Master Plan Siage and a
Final Plan Stage.
B. Public Hearing. A public hearing is required at the Master Plan Stage.
The public hearing may be combined with the public hearing for a zo�aing
district change if a zoning district change is zequired arid for a preliminary
plat if a preliminary plat of the PUD property is proposed.
C. Action to Approve. A 4/5 vote of the full Council is required foz-
approval of the Master Plan.
D. Effect of Concept PIan Review. The applicant far a PUD Concept
Plan which has been reviewed by the Council has no limitation on the
period o�time in which to apply far Master Plan approval.
E. Effect of PUD Masier Plan Approval. The applicant for a PUD Master
Plan vcrkich has been approved by the Council shall apply for a PUD Final
Plaz� or the first stage of the Master Plan within six (6) months, unless
some ot�er phasing plan has been approved by the Council or unless a
written request for a time extension has been approved by ihe Council.
F. �'inal Plan. The applicant sha11 submit a Final Plan for alI elerz�ents of
the Masier PJan that are to be developed imminently. A PUD Final PJaz�
shall be submitted for each stage of developmentJconstruction.
Section 1355 — Administraiion and Procedures
Adopted: Noveixiber 13, 2006
Page 7 of 12
City of Arden Hills Chapter 13 7�oning Code
G. Final Plan �'rocedure. The Site Plan Review process in Appendix A,
Procedure Manual, and the Site Plan Review procedure in Chapter
1355.04 Subd 5 shall be follawed.
Subd. 7 Interim Use Permits.
A. Purpose and Intent. __The p�rpose and inteni of allowin� interim uses
is:
1. To allow a use that is rep sently acceptable, but that with
anticipated development or redevelo_tarnent, wi11 nat be acceniable in
the future or will be re laced b a er�nitted or conditional use allowed
within the zespeciive zoning district.
2. To allow a.use which is reflective of anticipated long ran e ck�an�e
to an. area and which is in compliance with the Comprehensive �lan
t�rovided that said use maintains harmony and com atp ibility with
surrounding uses and is in lceepin� with the architectural character and
desi tg i standards of existing uses and developxx�ent•
B. Public Hearin . A ublic hearin zs z-e uired.
C. Action to Approve. Actian to approve an interim use permit re uires a
majorit_�of the fizll Council arzd must include a determina#ion that the
facts and circumstances of �he articular case warrant antin the ermit.
D. Permit Evaluation. When reviewin� the inEerim use �ermit
a�plication, the Council shall consider the factual findin s� ability to meet
the special requiz-ements of the interirn use, and the conclusions and
:recomrnendations of the Planz�in Commission. An interim use ermit
ma�granted onl�f the City Council. f nds the following;
1. The use is allowed as an interim use in the underlyin� zonin�
district and canforms to the zonin� re�ulations;
2. �ermission of the interim use wz1l not im ose additional costs on
the �ublic if it is necessary far the public to take the �ropert, i�e
fizture;
3. The use will not adversel im act nearb ro erties throu
nuisance, noise, dust, glare, ar unsi�iness, and wi1l not otherwise
adversely impact the health, safet;Y, and welfare of ihe comrnunitv_•
4. The use will not adversely impact traffic and parking;.
Section 1355 — Administration and Procedures
Adopted: November 13, 2066
Page 8 of i2
City of Arden Hills Chapter 13 Zoning Code
5. The use will noi adversely impact im�lementation o#' the
Comprehensive �'lan:
6. The date or even# that will terminate the use is identified with
cerYaintv;
7. The a�plicant has si�ned a consent agreement a r��t the
a licant owner o erator tenant and/or user has no entitlement to an
extension of the Interim Use Permit;
8. The..._usex agrees to all conditions that the City Council deems
appropriate for_permission of the use includin� the rec�uirement of
a ro riate financial suret to cover tb.e cost of removin the interim
use and anv interim _structures upon ex�ration of the interim use
p ermit;
9. There are _no delinquent property taxes, s_pecial assessmen�s,
inierest, or Citv utility fees due u�op, t,he subi ect �cel;
10. The term of the interim use does not exceed tliree L} years;
11. The ro ert has not been a reci ient of a revious interim use
pertnit. A praperty thai has received, an interim use permit for an
interim use listed in 1320.05, Land Use Chart, shall noi be eli ib�
another intezim use permit of the same use: and,
12. Anv special requirements in Section 1320 for a particular interim
use are met.
E. Tm osition of Conditions. In the az�tzn of art interim use �rniit the
Council ma im ose such conditions in addiiion to the eneral conditions
and re uirements of this Code to which evez interim use ertnit shall be
subject, as it deems necessary to serve and protect the health, safety,.
convenience and general welfaxe of the communit�
F. Permit for Particular Site. An interim use permit is �ranted ior a
specific use at a sbecific site, not for a person or firm.
G. Desi a#ed Uses. Uses �or which an interim use ermits are re uired
and the zonin� districts in which they are allowed are desi�nated in the
land use chart as set forth in Section 132b hereof. No buildin�permit
shall be issued for an interim use until after,,the interim use permit has
been granted by the Council.
H. Termination. An interim use shall tez-minate on the occurrence of an
of the fallowin events whichever occurs first:
Section 1355 — Administration and Procedures
Adopted: November 13, 2006
Page 9 of 12
_ __ _ _ _
City of Arden Hills Chapter 13 zoning Code
1. The date stated on the permit;
2. Ut�on violation of conditions under which the permit was issued;
3. Upon chan�e in the City's zoning regulations which renders the
use nanconformin�;
4. The redevelopment of the use and propertv upon which it is
located to a permitted ar conditional use as allowed within the
underlvin zoning district;
5. If the use for which the i�terim use ermit has been azited has
ceased or has been discontinued for a�eriod of ninety (90) consecutive
da� tke permit shall automatically expire and become void at the end
of_such nznetv-da� eriod.
I. Suspension and Revocation. The Citv Council ma.��s�nd or revoke
an interim use ermit u on findin that the activities allowed under the
permit adverselv affect the public health, sa�etv, or welfare in ways not
anticipated during a�proval of the permit. A suspension ox revocation of
an interim use ermit shall be receded b written notice to the ermittee
and a hearin�. The notice shall provide_at least ien (10�,�ice of th�
time and place of tk�e hearing and shall state the nature o#'the violation(s).
The notice shall be mailed io the permittee at thc most address listed on
the a�plication,
1355.OS City Action on Applications for Zoning Code Amendments, Rezoning, Conditional
Use Permits, Tnterim Use Permits, Plaz�ned Unit Developments, Si�e Plans, and Variances.
Subd. l Action by the Council. Within sixty (60} days following the date of the
receipt af the Co�nmission's report, the Council shall act upon the application. The
Council, may only upan writien request by the applicax�t, extend its time %r
consideration and action. Noihing in this paragraph shall prohibit the Council from
holding additional hearings as it deems necessary vvithin the sixty day period
following the receipt of the report oi the Com.mission. In considering applications for
Zoning Code amendta�.ents, rezoning, special use permits, planned unit developxn.ents,
site plans and vaxiances, the Council shall cansider th� advice and recommendations
of the Commission and may grant the request if it determines that the action is
permissible in accordance with the applicable standards. Requests may be denied by
motion of the Council, and such mo�ion shall constitute a finding and determinatian
that the conditions required for approval do not exist.
Subd. 2 Optional Actions. Council action may include approval in whale or in part,
denial in wl�ole or in part, tabling for a speci�ed period af time, or referral back to tk�e
Commission for its further consideration and report to the Council within a specifiEd
Section 1355 — Adininistration and Procedures
Adopted: November l3, 200b
Page 10 of 12
City of Arden Hills Chapter 13 Zon'rng Code
time period not to exceed sixty (60) days from the date of such refet7ral. The
applicant shall be notified in writing of the Council's action.
Subd. 3 Denial of Application. Ln the event the Council denies in vahole or in part
the application, it shall furnish the applicant with a written document advising him of
the denial and specifying the factual basis and reasoning upon which the denial was
predicated. T�e application may be der�ied for reasons relating to public health,
safety and general welfare or because o� incozx�patibility between the proposed use
and the City's Comprehensive Plan.
Subd.4 Resubmission of Denied Application. No application which has been
denied wholly ar in part sha1l be resubmiited for a period of six (6) months from the
date af said order of denial.
1355.06 Conditions for Approval of Conditional Use Permits, Interim Use Permits, Planned
Unit De�elopments, Site Plans, and Variances.
Subd. ] Comznencement and Conclusion of Work. It is conternplated that any work
involved or required by an approved application will be cammenced within one {1)
year after sucl� approval and conclude within one year o� tl�e issuance of a building
permit or cammencement of work if a building permit was not required. This
requirement is not intended to limit the authority of the Council with respect to
znr�position of other or different time lizx�itations i£ deemed proper in the particular
case.
Subd. 2 Inspection. It shall be the responsibili�y of the administrator to check on
these tirne limitations or any other limitations contained in the approval and advise
the Council of any breach thereaf. Breacn af the Iimitations, whether coniained
herein ar specifically contained in the action itself, shall be grounds for canceling the
approval.
S�bd. 3 Expiration. Approval shall automatically expire and become void one (1)
year from and after the date on which the Council granted such approval if �he
building permit or ather approved improvements have not been issued a permit by the
building inspector. The Council �nay extend the expiration date of such approval
upon written application by the person to whom the approval was granted. If the use
for which any conditional or interim use permit has been granted has ceased or has
been discontinued for a period of ninety (90) consecutive days, the permit shall
automatically expire and become void at the end of such ninety-day per�od unless
reinstated by the Council.
Subd. 4 Amendments of Site Plans, Conditional Use Permits, Interim Use Permit, or
Planned Uni� Deve�opments. An application for amendment shall be adrninistered in
the sam.e manner as required for a new applzcation. Such applications shall include
re-applications for permits that have been denied, revoked, or have expired; renewal
or temporary permits; requests �or changes in conditions; and suck� other instances as
are provided in this Code. Any structural alteration, enlargement or intensiiication
Section 1355 —Administration and Procedures
Adopted: Navember 13, 2006
Page l l. of 12
_ _ __ _
City of Arden Hills Chapter 13 Zoning Cocie
change in site plan, or similar change not specially permitted, shall require City aciion
and all procedures shall apply as if a new application were being requested; provided,
however, that wheri such changes are deemed to be insignificant by the zoning
ac�ministrator, the requirements of a public hearing may be waived.
Subd. 5 Periodic Review. A periodic review vf the permit and its conditions shall �e
maintained. A violation af any condition sei forth in the permit shall be a viola�ion of
this Code, and shall be cause for revacation of the permzt. In the event that the
Council proposes to Council or revoke a perm�t, the Council shall cause vvritten
notice thereof to be given to the occupier, and owner shall have an opportunity to be
heard, but not further notice need be given.
Subd. 6 Adminisfrative Records. The zoning administrator shall maintain a recard
of aIl approved, stamped and dated plans and permits issued, including information
on the use, location, conditions imposed, time limits, review dates, and such other
inforn�ation as may be appxopriate. Plans shall be signed by the Council Liaison to
the Flanning Carnmission and the Planning Commission Chairman. It shall be the
responsibility of the administrator to place an the Alanning Cornrnission agenda and
notify the Council of any expiring time limit, prior to expiration andlor violation of
any approved applications.
1355.07 Appeals to Administrative Decisians.
Subd. 1 Appeals. The Plaiuzing Commission shal� hear any appeals where it is
alleged that there is an errar in aany order, requirements, decision or determinatian
rnade by an administrative officer in the interpretation, application, andlor
enforcement af this Code and shall repart its findings and recornmendations to the
City Council for aciion.
Subd. 2 Effect o� Determinations. The findings and deter�nination,s made by the
�ianning Commission shall be advisory only and shall have no binding effect. The
Council shall take such action on the findings and recommendations of the planning
Commission as it deems proper in the circumstances.
Section i355 -- Admii�istration and Procedures
Adopted: November 13, 2006
Page 12 of 12
Attachment
Proposed Zon�ng �rd�nance 1320: D�str�ct
Provisions
March 31, 200$, City Council Meeting
City of Arden Hills Chapter 13 Zon�ng Code
SecNon 132fl -- District Provisions
1320.01 Establishment of Districts. The zoning districts designated herein are hereby
established so as to assist the City in carrying out the intent and p�rpose o� its Comprehensi�e
Developrnent Plan for the City and to cantrol develop�nent in a manner consistent with the
provisions of adequate publie services and utilities.
1320A2 Designation oi Zoning Districts. For the purposes of �his Code t1�e City of Arden
Hi�ls is hereby divided into the following zoning districts:
R- ]
R-2
R-3
R-4
B-1
B-2
B-3
B-4
NB
CC
GB
I- �
I-2
I-Fl ex
PUD
Single Family Residential District
Single and Two-Fam�ly Residential I?.istrict
Townhouse at�d Low Density Multiple Dwelling District
Multiple Dwelling Dastrict
Limited Business District
GeneraI Business District
Service Business District
Retail Center Dzstrict
NB District
Civic Center Distr�ct
CCateway Business District
�,im�ted Industr�al District
General Industriai District
I-FIex Dist�ict
Planned Unii Development Overlay District
1320.03 Allowable Uses. L1ses atIowed in any district.
Subd. 1 Permitted Principal Uses (P) - Those uses that are allowed as a matter of
rigt�t and multiple operation uses, as defined herein, if at least one of the operations is
a per�itted use and r�or�e of tlae opez-ations is cIassif�ed as a conditionaI use.
Permitted multiple family residential, business or industrial uses are required to
submit a site plan in accordance with the requirements in Section 1355.
Subd. 2 Conditional Uses (S) - Those uses �hat are allowed only after issuance of a
Conditional Use Permit as rec�uired in Section 1355.
Conditional Uses may included those uses that are.
A. Listed as conditiona� uses on the Land Use Chart (1320A5)
B_ Not listed on the Land Use Chart as either permitted or cond.itional
uses, but which have been reviewed by the FIanning Comrr�ission and
desig�ated by the City Cou�cil as conditional uses which are similar to
those listed;
Section 132fl -� I}istrict Provisions
Adopted: November 33, 2006
Page I of 42
Ciry of Arden Hills Chapter l3 Zoning Code
C. Uses that are both accessory uses anc� canditional uses (CA);
D. Multiple 4peration Uses as de�ned }aerein, if at least one of the
operaEions is cIassifed as a conditianai use.
Subd. 3 Accessory Uses (A) Thase uses that are i�cidental to the principal use of
the premises on which it is conducted.
Subd. 4 Conc3itional Accessory Uses {CA} Those uses that are both accessory uses
and eonditional uses, including thase listed on the Land Use Chart.
Subd.S Planned Unit Development - PUD (D) T`hose uses allowed only after
issuance of a PUD Permit. Uses allowed in a PUD may include permitted uses, uses
by conditionaI �se perrnit, accessory uses az�d conditiona� accessory uses_ The
uriderlying zaning district(s) establishes the basic allowable uses and the gene�-al
developr�ent standards.
Subd. 6 For any new construction or alteration, building permits must be secured
p�rsuant to the provision of the building code and this Code.
Subd.7 Where yuestions arise as to whether a praposed use falls within a
permitted use category and/or a conditianal use cate�ory and/ar ar� accessory use
category, or whether a specific use that is not included on the Land Use Chart should
be allowed in a particular district, Ehe Planning Comm�ssion shall make a
recammendation to the City Council which shall make the �'inal determination that the
use is similar to other allowable uses in the distr�ct or that a zoning code amendment
procedure should be �nitiated.
1320.04 Purpose of Districts.
Subd. 1 R-1 Single Family Residential District
A. To esta�lish areas for the development of single farr�i�y detached
housing at a maximum density of approxir�ately three {3) units per net
acre.
B. To reserve development areas for single-family housing.
C. To restrict er�eroachment of ineornpatible uses.
D. To maintain de�sity limitations.
E. To take advantage of municipal uti�ities.
F. To preserve open space.
Section 1324 — District Provisions
Adopted: November 13, 20fl6
Page 2 of 42
City of Arden Hills Chapter 13 Zoning Code
Subd. Z R-2 Single Family and Two �amily Residential Distr�et
A. To esiabl�sh areas for the development of single and two (2) family
housi�g at a maxirn�zm density of approxirnately five units per net acre.
B. To reserve development areas for singl� arid two family hausing.
C. To restrict encroachment of incompatible uses.
D. To maintain density limitations.
E. To ta�e advantage of municipal utilities_
F_ To preserve open space.
Subd. 3 R-3 Townho�se and Low Density Multiple Dwelling District
�-1. To provide areas offering a broad development rar�ge in housing units
with a�naxi�num densiEy of eight (8) units per net acre.
B. To retain the environment and character of less intensive residence
areas through carefully established bulk a�d lot area req�irements.
Subd. 4 R-4 Multiple Dwelling District
A. To establish areas for the develo�ment of multiple dwelling structt�res
with a maxirnum density of twelve { 12) units per net acre_
B_ To permit the most intensive residential deve3opznent allowed in tY�e
City.
C. To rr►aintain an Essentialiy residential character in areas developed at a
mare intensive density.
Subd. 5 NB Neighborhood Business District
A. To be Iocated a� the edge of residential neighborhoods.
B. To provide a lirnited range of over-the-counter, convenience, retail,
and service uses to acco�modate the needs of�e adjacent residents.
C. To place limitations on the type, size and intensity of uses wi�in this
district, given its proximity to residential uses.
D. To place emphasis on convenience for pedestrian, bicycle, and public
transgortation access to the use.
Section 1320 — District Provisions
Adopted: November 13, 2006
Page 3 of 42
City of Arden Hills Chapter 13 Zoning Code
E. To accommodate, where possible, a�ublic commons giving resider�ts
a place to gather and in�eract with one another.
�`. To ens�re adequate bufferi�g is provided on these sites for Ehe
adjacent res�dentia� uses.
G. To require, where applicable, compliance with Ehe City's gateway
requirements.
Subd. 6 B-� Limited B�siness District
A. To establish areas for the Ioeation and deveIaprnen� of administrative
office buildings and related offce uses whfch are subject to rnore
rest�ctive cantrols.
B. To provide a district which is reiated to and may reasonably adjoin
high density or other residential districts.
C. To establish a business district in which there is timited contact with
the pub3ic and no exterior display or selling af inerchandise to the general
p�blic.
Subd. 7 B-2 General Bus�ness District
A. To group eompatible retail and service business uses which wi11 tend
to draw trade that is naturally interchangeable and so promote business
prosperity.
B_ To provide an adequate supply oi businesses and professional service
areas to meet the needs of the residents.
C. To promote a high quaIity of totaI commercial development and design
that produces a positive visuai image.
D. Tv r�zinirnize the effects of traffic eongestion, noise, oc�or, glare and
similar safety problems
SUbd. S B-3 Service Business District
A. To accornmadate an adec�uate supply of busi�esses and services that
serve the cornmunity and �notprists trave�ing through the cornr;'tunity with
a broad range of services and goods.
B. To provide locations for uses #hat may be incompatible with retail
centers, thereby keeping the retail centers compact and convenient.
Section 1320 — District Provisions
Adopted: Novernber I3, 2006
Page 4 of �}2
City of Arden Hills Cl�apter 13 Zoning Code
C To keep services �n elose proximity to arterial streets or highways in
areas that are appropriately designated on the Coz�a�xehensive Plan.
D. To encourage gro�ping of compatible and mutually supportive
business uses and services_
E. To promote business prosperify.
F. To establish a high standard of developmEnt and design that produces
a positive visuaI image and minimizes the effects of traffic congestion,
noise, odor and glare.
G. To allow a transitional reuse of existing buildings until market
condi�ions warrant redevelopment.
H. Ta er�ance redevelopment potential by prohibiting uses that waUld
impede redevelapment.
I. To ensure acceptable iraffic operations on Iocal streets
J. To pro�note f�exibility in land uses and site development standards to
achieve the purpases of the district.
Subd. 9 B-4 Retail Center District
A. To meet retaiI shopping needs o� the surrounding community by
provid.ing a district thai will accommodate a wide range of retail goods
and services.
B. To promote business prosperiry by creati:�g an attractive and
functional retail center.
C. To provide an integrated retail trade center that groups compatible
retail Uses in or�e or more m�ltiple-occ�pancy buildings. �'xee standing
single-occupancy buildings will be allowed if planned and constructed as
part of a un�fed development that contains a retaii center or is developed
after such a retail center is developed.
D_ To produee a positive visual image by establishing a high standard of
desigi and c�evelopment.
E. To alIow transitional uses that will allow an orderly phasing out of
existing uses ar�d developme�t t�at are not appropz�ate in a contemporary
retail center and a phasing in of uses and deve�opment as warra�ted by
market conditions.
Section 1320 — District Provisions
Adopted: November 13, 2006
Page 5 of 42
City of Arden Hilts Chapter 13 Zoning Code
F. To encourage gouping of uses that are mutually supportive and have
simiiar requirements for vehicuIar and pedestrian accessibility and
exposure.
G. To alleviate potential traffic congestion on local streets by the design
af the circula�ion pattern and arrangement of uses_
Subd.10 CC Civic Center Disfic�
A. To implement t}aat part of City of Arden Hills Co�nprehensive Plan
known as the Civic Center {CC) area.
B. Ta create a de�tination-oriented area that serves as focal point for the
Co�nmunity where a mix of uses including public, smaIl retail,
educational, semi-public facilities and some mid-to-high-density nousing
are ]ocated.
C. To bring forth a government center that would integrate Sun�sh Lake
with a civic campus and commercial area, and create a gathering/activity
place that is unified in purpose, desigra and use.
D. To rec}uire strict deveIopment standards and building mate�-ials to
create a high qualaty civic environment.
E. To preserve, protect, and enl�ance existing development adjacent to the
district.
F. To pronaote compact, unified development that takes advantage of the
proximity to the adjacent open space areas and regional transportation
facilities.
G. To minimize the effects of traffic congestion.
H. To allow develapment that will insure reasonable fraffic operatian on
the internal and surroUnding trar�sportation syste�'ns including Lexington,
Hamline, at�d Highway 96.
I. To encourage arrangerr�ent of uses that are mutually supportive and
have similar requirements for vehicular and pedestrian aecessibility and
exposure.
Subc�.li GB Gateway Business Distriet
A_ To implerr�ent t�at part of Arden Hills Comprehensive Development
Plan known as the I-694/I-35W Plan.
SecEion 3320 — District Provisions
Adopted_ November 13, 2006
Page 6 of 42
City of Arde� Hills Chapter l3 Zoning Code
B. To promote high quality, uni�ed, large-scale development in a mar�r►er
similar to a planned unit development.
C. To ta�e fu11 advantage of the site`s location as documented and
described in the NE I-694/I-35W Plan.
D. To aIlow only developrnettt that wilI create an attractive environment
and a positive image for this si�e, whieh is one of tl�e most visible in the
community and represents the City's last major development site.
E. To protec# the site's environmental reso�zrces.
F_ To promote flexibility in land uses and development standards to
achieve the objectives of the I-694/I-35W Plan.
G. To allow development tha# will znsure reasonable traf�c aperation on
tne inte�-nal and surrounding transportat�o� systems.
Subd. 12 I-1 Lirnited Industria� District
A. To allow only those types and intensities of industz�ial uses that do not
detract froan the surrounding area_
B. To maintain perforrr�ance standards to keep the intensity o� ]and
utilization lower than in the general Industz-ial District.
Subd. 13 I-2 Genera] Industnal Distriet
A. To provide an area where more intensive light industrial land �ses may
locate.
S. To present the least deleterious effect to adjacent, less intensive ]and
uses.
Subd. l4 1-FLEX Dist�-ict
A. To preserve, proteet, enhance and perpetuate existing development in
t�e district.
B. To attract new development that is compatible with existing
development in the district in terms of Use, performance, character, quality
and appearance of buiIdzngs and sites.
C. To permit only those uses that will have traffic generation
eharacteristics that are compatible with existing development in the
district and that will ensure reasonable traffic operation on streets in the
vici��ty.
Section 1320 -- District Provisions
Adopted: November 13, 20Qb
Page 7 of 42
City of Arden Hills Chapter 13 Zoning Code
D. To e�courage new site development that will be compatible with
existing site development standards of existing development in tl�e district_
E. To promote flexibility in land uses and site development standards to
achieve tne objectives of the I-Flex Distriet_
Subd. 15 �lanned U�it DeveIopment {Pi3D) Overlay District
A. To al�ow flexibiiity in ]and dEveloprr�ent to benefit from new
technalogy in building design and construction and in land development.
B. To encourage variety in the organization of site elements, land uses
{residential and non-residential), building de�sities, and huilding and
dwelling types.
C. To promote higher standards of site and building design through the
use of trained and experienced professional land planners, landscape
architects, registered architects, engineers and surveyors to prepare p�ans
for all PUD's.
D. To preserve and enhance desirable site characteristics ar�d open space.
E. To promote more efficient and Effective use of land, open space and
pu�lic facilities
F. To effectuate the po�icies and standards of the Arden HiI�s
Comprehens�ve Development Pian.
Section 1320 -- District Provisions
Adopted: Novembez-13, 2006
Page 8 of 42
City o�Arden Hills Chapter 13 Zoning Cade
Section �320 — Dzstrict Provisior�s
Adopted_ November 13, 20fl6
Page 9 of 42
1320.05 Land Use Chart.
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City af Arden Hifls Chapter 23 Zoning Cade
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Section I 32U -- District Provisions
Adopted: November 13, 2006
Page 1 I of 42
City of Arden Hills Chapter 13 7on�ing Code
GRAPHIC ILLUSTRATION OF ZONING TERMS
1320.08 Special Requirernents for the Neighborhood Business (NB) Distrzct.
Subd. 1 Procedure. The app3ication and ihe administrative and review proceduz-e
established in Section 1355.04 Subc3 3, ConditionaI Use Permits and in Appendix A,
Proceclurat Manual, s�all be fal�owed for al� development that involves new building
constr�ction, modif cation of a building's ex�erior or modification of the site. Conc�itiona�
Use Permits are not required for permitted uses t�at accupy approved builc3ings that do
not require exterior buiIding modification or site modif�cation. This pro�ision is subject
ta any modifications or additions set forth in ihis Section. The prescribed procedure znay
be modified by the City to allow p�anning flexibility and to encourage cooperative
dia�og�e between the applicant and the City_
Snbd. 2 Special Regulations for Pennit€ed Uses in the NB District. Perrr�itted uses are
a9lawed as specified in the Land Use Chart, Section 1320.05, for the NS Dzstrict.
However, this Code specifies additional requirements for Clinics; Financial Institutions &
Service; and Retail Sales & Serviee. These uses can, if unrestricted, place unacceptabl�
levels of traf�c on these sites and streets that would negatively impact adjacent
residen#ial uses autside the neighborhaod �usiness distric#.
A. CIinics shali not exceed three thousand {3,000) gross square feet_
B. Financial Institutions & Service shall not exceed fve thousand {5,000)
gross square feet, �or include a drive thru facility, nor include an outdoor or
detached aUtomated kiosk.
C. Retail Sates & Service shall not exeeed three thousand {3,0�0) gross
square feet. These uses shall only include: antiques, art and school supplies,
hakeries, hicycles (not �notorized}, books, stationery, candy, camera and
photographic supplies, carpets and rugs, ehina and glassware, clothing and
costume rental, convenience store, custom dressmaking, drugs, dry goods,
florist, garden supplies (year-round operation only), gifts, gocery, hardware,
hats, hobby sho�s, household appliance repair, interior decarati�g (no retail
furniture sales), jewelry, locksmith shops, musical instruments, paint and
wallpaper, shoes, sporting goods, tobacco, toys, and wearing apparel, and
similar type uses. Automobile relatec3 business, liquar stores, a�d restaurants,
exceeding forty (40} percent in gross liyuor receipts of the total food and
lic�uor receipts, would not be aIlowed in the Neighborhood Business District.
Subd.3 Specia� Regulations for Conditional Uses in the NB District. Conditional
I1ses are allowed as speci�ed in the Land Use Chart, Section �320.05, for the NB
Distr�et. However, this Code specifies additional reyuirements #`or restaurants and
multiple family and two-famfly dwellings units. These uses can, if �nrestricted, place
unacceptable le�els of traffic on these sites and streets that would negatively impact
adjacent residentiai uses outside the neighborhood business district.
Section 1320 — District Provisions
Adopted= November �3, 2006
Page 12 of 42
CiEy of Arden HiLs Chapter I3 Zoning Code
A_ Restaurants shall not exceed three thousand {3,000} gross square feet.
Exterior seating will be considered based on its impact on adjacent residential
uses outside the neighborhood business district.
B. DwelIing Units may be Iocated within a mixed use development including
non-residential strt�c�ures.
Subd. 4 Distric# Requirements: (The district requarernents in Sect�on 1320.OG for the
NB Dis#riet will app�y}. To further accomplish the stated purpose of the NB District,
developers are encouraged to plan their sites in the spirit of the purpose and intent of the
Planned Unit Deve�opment provision in Section 1320.1�1. At fhe time of submittal for the
Conditianal Use Permzi and Site Plan Review, the applicant shall identify modifications
to ihe standard zoning requirements otherwise applicable to the site and the reasons why
the modifications would be in the public interest and wou�d be consistent with the
purpose of the district.
The applicant sI�a13 demonstrate to the satisfaction o�the City that the praposed uses, lot
sizes, heig�t, use �nix, Iocation and relationship with other existing and proposed uses are
compatible and complementary both internally a�d with adjacent ttses, and meet the
intent of the City as expressed in the NB District purpose and the above criteria for
allowab�e uses.
Subd. 5 Building Exteriars, Site Features and Site Development. Accomplishing the
stated purpose of the NB District requires particular concern for the design of buildings,
site features (such as iandscaping, 3ighting, and signage) and site design. The
arrangement, geometry, massing, matezials and colors s�all be responsive to existing
buildings, site features and site desig� on adjoining sites in the district_
A_ The Czty Council wiil rr�ake the �nal deter�ni�ation on the eo�npatibiIity
and consistency with this provision.
B_ Landscaping for the site shall comply with Appe�dix A of the Zoning
Code. Tn additzon to Appendix A landscaping shall be pravicied at the rate of
thz-ee caliper inches per forty (40) feet of public street frontage.
C. Buffer yar�s thirty {30) feet in width shall be provide adjacent to all
residential uses outside the neighbarhood business district. The buffer yard
shall be landscaped with a eornbination of evergreen trees (six-foot high
minimum) and deciduous trees (three-inch calzper mini�num) such that the use
is effectively screened from the adjacent residences. The buffer yard
landscaping shal� not be included into the �ninimum landscaping calculation
{Appe�dix A of the Zoning Code}.
D. Hours of Operation shalt be prohibi�ed between the hours af � I:00 p.an. to
6:00 a.m. AlI deliveries and laading shall be done during nozx�n:al hours of
operation.
Sect�on I320 — District Provisions
Adopted: November 13, 2006
Page 13 of 42
City of Arden Hills Chapter f3 Zoning Code
E. Slaped Roofs shatl be �tilized on alI prizacipal and accessory s�ructures.
Roofng materials anci design sha�l be consistent with those found in the
adjacent resic3ential neighborhoods outside the neigllborhood business distriet.
F. Exterior Materials shall incl�tde only face brick, sto�e, glass, or natura�
wood products. All walls shall be treated with the same exterior materials.
G. Lighting shall adhere to the requirements in Section I325.05 Subd 3.
Lighting shall not be pen�x�itied to wash the building, except for aceent ]igi�ting
to delineate the main entryway into the building. Security and parking lot
lighting shall be on pedestals not to exceed fourteen (14) feet in height.
H. Trash shall be fizlly screened in a masonry enclosure or shalI be stored
within the principa! structure.
I. Vending Machines shaIl be located on ihe interior of the principai
structure.
). Bicyele Racks shall be provided in an area ti�at is convenient to the main
entryway into the building.
K. Sidewalks shall be provided adjacent to all public rights-of-way_
L_ Gateways, wnere appiicable, should be incorporated into the �ayou� of the
site. The I985 Parkway System Feasibility Study and the Cor�prehensive
Plan provide additional guidance on the inearporation of gateways.
1320.085 Speciai Requirements for the B-2 General Business District. The B-2 General Business
District encompasses the primary commereial gateway into the City. Accortip�ishing the purpose of
t�e B-2 Distr�ct requires particuIar concern for the design of buildings, site features (such as
Iandscaping, lighting, anci signage), site layout, building materials, and site design_ The traific and
visual impacts frorn new developments and redevelapments must be evaluated to he�p ensure tY�e
long-�erm viabiiity and suceess of the B-2 General Business Dastrict.
Subd. 1 P�ocedure. The following procedures shall apply to all new construction,
modification of a building(s), and modifcation of a property within the B-2 Dist�-ict:
A. The appiicatio�t and the administrative and review procedure established in
Section 1355.04 Subd 3 az�d Subd 5, Conditfonal Use Permit and Site Plan
Review, and in Appendix A, Procedural Manuat, shal] be followed for all
development(s} that.
1. Involves new building construction or alterations that increase the
capacity or square footage of the buit�ing;
Section 1320 —Distriet Provisions
Adopted: November I3, ZQ06
Page ] 4 of 42
City of Arden Hi�ls Chapter 13 Zoning Code
2. Modifies a building's exterior but does not canform to the provisions in
this Sectian as determined by the Zoning Administrator;
3. Modifies ihe site or use in such a way that notably increase traf�ic
and/or a�texs traffic patterns as determined by the Zoning Administrator
and engineer designated by the City;
4. Reduces parking spaces below �he minimum requirement %r the uses
on the property;
5. Adds more than ten (� 0) parking spaces;
6. Reduces the net tandscaped area;
7. Installs adc3itional lighting poIes or �ighting sources (b�t not
z-ep]ace�raent of existing lighting fixtures)_
B. Modifications to building or properties not listed ii� above one through
seven shall not reyuire a conditional use permit or site plan review unless the
change is deemed significant by the Zoning Ad�ninistrator or Building
Officia�.
C. The prescribed proeedures or standards in this Section may be madified by
the City Coui�ci� to allaw planning flexibiIity and to encourage cooperative
dialogue between the applieant and the City_
Subd. 2. Pennitted uses (as speeified in �e Land Use Chart, Sectio� 1320.45, for the B-
2 District) that occupy existing buildings do not require a conditional use permit except in
those cases where Section ] 320.01 Subd 9_A.1-7 apply_
SuBd. 3. Conditional uses (as specified in the Land Use Chart, Section 1320.05, for the
B-2 District) require an a}�proved condittonaI use permit priox to occupa�cy. Modifyirzg a
vuilding or site as listed in Section 1320.085 Subd 1.A.1-7 shall also require a condiiional
use permit and site plan rev�ew.
Subd. 4. Interim uses as s ecified in the Land Use Chart Section ]320.05 for the B-2
District require an a�proved in�erim use permit prior to issuanee of an accupancy or
buildan�permit. Mod�fying a buildin� or site as listed in Section 1320.485 Subd 1.A_�-7
shali also reqe�ire a canditional use permit and site plan review.
Subd. 5. Planned Unit Developments. To further aceompIish the stated purpose of the
B-2 District, deve�opers are encouraged to plan their sites in the spirit of the purpose and
intent of the Planned Unit Development provision in Section 1320.I4_ Ii a PIanned Unit
Development application is submitted, the Planned Unit De�elopment proposal shall
identify modifications to the standard zoning reyuirernents otherwise applicable to the
site and the reasons why the modifications would be in the public interest and would be
consistent with the purpose of the B-2 District.
Section 1320 — District Provisions
Adopted: November 13, 2406
Page I S of 42
City of Arden Hills Chapter l3 Zoning Code
Subd. 6. Design Guidelines. New construction and redevelopment of properties shall
adhez-e to the following design requirements.
A. Building Exteriors, Site Features, and Site Development.
{i) The arrangernent, geometry, �nassing, mater�als and colors shall
wor�C to create a high quality cievelo�nnexat that is respon;sive to
existing buildings, site features, and site design on adjo�ning sites in
the district.
(ii) Exterior building materials shall b� primariiy of brick, stone, glass
or any combination thereaf, except tri� and other accessory or
deeorative features may be metal, wood, or EIFS.
{iii) Sheet mEta�, corrugated metal, and plain flat concrete block
{painted or not) shall not be permitted as exterior finishes.
{iv) Design ele�nents on al� sides of a building sha]l he eampatible
with the front elevation anc�/or adjacent bui�dings. Architectural
elements such as, but not iir�ited to, windows, s�utters, awnings,
doors, rtiasonry exterior veneers, cornice detailing, window casings,
and other architectural detaiIs should demonstrate consistency on alI
sides of the structure that are reasonably visible to the general public.
Plain flat walis shall not be permitted when viewable fror►� the public
right-of-way or public areas.
{v) Buildiaags containing office and retail uses shal� maintain twenty
percent {20°/a} minimum window coverage on each floor that faces a
street or public open space. Mirror glass/farade glazing/spandrel
glass/faux windows shall not eonstitute more thar� fifty percent (SO%)
of t�e required window area.
{vi) The City Council will rnake the final determination on tne
compatibility anc3 consistency with these design provisions.
B. Fences.
{i) No barbed wire, razar wire, or spikes allowec�.
{ii) �'ences must blend into the Iandscape and rninimize corrosion.
Wood, brick, stone or wrought iron is encouraged. If chain ]ink is
aIlowed by the City Council, it nnust have blac� or dark green vinyI
coating.
(iii) A31 other requirements of Section 1325.05 Subd 4 must be
followed.
Section l 320 — District Provisions
Adopted: Noveraber I3, 2006
Page l b of 42
City of Arden Hills Chapter 13 Zoning Code
C. Screening_
(i} All mechanical equipr�nent, w�ether roof rnounted or ground-
mounted, shall be completely screened fram view of adjacent
properties and public streets, or designed to be co�npatib�e with the
architectural treatment of the principal building. Wood screening shall
not be permitted.
(ii) Trash and recycling equipment and rr�aterials shall be screened
fror� public view artd adjacent properties with an enclosure that is
constructed of the same rnaterials and co�ors as the principle bui3ding.
Waod fencing shall nat be pern�itted.
(iii) Loading docks shall be screened �rom pub;ic view or ir�tegrated
into the building's architecture so as to reduce their visuaI impact.
Subd. 7 Ligl�ting. Exterior ligl�ting shall be provided far the safety and conve�ience of
occupants anci �isitors.
A. A lighting plan sha�l be submitted that shows location, type of illumination
and design. A photorr�etric analysis of site and building shall be submitted %r
City approvai with all new construetion or redevelopme�t projects.
B. Exterior �ighting shall be consistent in type, design, scale, and color �o
create unity in the B-2 District_ High-pressure sodium lighting and other
simi�ar types of lighting color z�aay be rec�t�irect by the City to pronaote a
unified lighting color throughout the B-2 Distract. Other lighting colors may
be considered during the City review process.
C. The source of illumi�ation shall be hooded, concealed or controlled in a
manner so as not to Unnecessary glare on adjoini�g }ots, buildings, streets or
hig�ways.
D. Light washing of buildings and aceent lighting may be permitted t�u-o�gh
#he City re�ievr process provided that it does nat negatively impact residential
areas or traffic safety and is complementary to the district as a whole.
Subd. S Pec�estrian Circulation. All new develo�r�ent and redevelopment within the
Distz�ct shall install pedestrian z�cnprovements in accordance with the City ofArden Hills
Comprehensive Plan and any other supplementa.z�y s�dewalk or trai� plans. Other
pedestrian sidewalks and trails rnay be required by the City.
A. Site design shall facilitate pedestrian connections and mobi�ity within and
hetween building, sites, arad uses by providing clear visual indicatoz-s thz-ough
door placement, signage, and integrating landscaping componEn#s.
SeCtiqn 1320 — Bistrici Provisions
Adopted: November 13, 2006
Page 17 af 42
City of Arden Hilis Chapter 13 Zoning Code
B. The city may require bike racks; racks m�ust be placed ta not impede
pedestrian circulation.
C. Internal sidewalk systems shall connect with adjace�t pIanned or
developed public sidewalks or trails.
Subd. 9 Drainage/Water Management Plan: A plan must be submitted with each project
ar lot de�eiopment in the B-2 District. The p�an must be approved by the Rice Creek
Watershed District, other agencies as required, and the engineer assigned by the City.
Two or more lats or projects may coardinate their plans for their rnutual benefit.
Subd. 14 Prohibited i7ses. Some lar�d uses are not compatible with the stated purpose of
the B-2 District. The fo�lowing uses are therefore prohibited:
A. Open sales, rental or storage lots, inc�uding but not limited to cars, buses,
trueks, motorcycles, bicycles, recreational vehicies, trailers, boats, mobile
homes, machinery, lumber, building matEriaIs, and similar items.
B_ Mini-storage faci�ities.
C. Outdoor bulk storage b�ildings, including but not Iimited to, forest, metal,
concrete, agricultuz'aI and petroieum products, chemica�s and similar products.
D. Manufactzaring or processing that generates hazardous waste without a
val�d Hazardous Waste Generator's license from the Ramsey County Pt�hlic
Health Department.
Subd. 11 Institutional Housir�g. Pending completion of the City's B-2 Zonin� Distr�ct
Planning Studv, an existing hotel-motel use mav be Used for institutional housin� upon
approval of an Interim Use Pert�it provided that atl of the foIIowin�quirernents are
met:
A. Conformance with Sectian l 355.04 Subd 7 of the Zonin Code-
B. T�e buildi�g to be used for ir�stitutional hausin� meets a�licable building
and f�re codes as determined by the Fire Marshal and Buildin� Offcial;
C. Each roorn that has occupants on an overni�t basis shall have bathroom
facilaties within the raom;
D. The capacitv of the buildin�; shail not be exceeded;
E. The instit�tional housing shall onlv be usec� for student or faculty housin�
Rest horr;es, �ospitals, sanatorium, r�ursing home, convalescen# homes, and
ornhan homes shal� not be permitted.
Section I320 — District Arovisions
Fldopted: Novernber 13, 2006
Page � 8 of 42
City of Arden Hills Chapter 13 Zoning Code
F. A reg��ar� scheduled shuttle shall be provide� to and from the col�e�
cam us for which the institutional housin is bein used-
1320.09 Special Requirements for the B-3 Service Business District.
Subd.2 Procedure. The application and the adr�inistrative and revzew procedure
established zn Section 13SSA4 Subd 3, Canditional Use Permits and in Appendix A,
Procedural Manual, shail he foliowed for all development that involves new building
construction, modificatian of a building's exterior or modification of the site. Conditional
use permits are not required for permitted uses that occupy approved buildings that do not
rec�uire exter�or bUilding modification or site modificatzoz�. This provision is subject to
any modifications or additions set forth in this Section. The prescribed procedur� may be
madified by the City to allow p�az3ning flexibility and to enco�rage cooperative dialogue
between the applicant and the City.
Subd.3 Pe�-mitted Uses. Permitted uses a�•e allowed as speeified in the Land Use
Chart, Section 1320.05, for the B-3 District.
Subd. 4 Uses Allowed by Conditional Use Perrnit.
A. The above per�x�itted uses, if construction of a new building, modification
of a buiIding's exterior, or modification of the site is involved.
B. Uses allowed by Condition�l Use Permit as specified on the Land Use
Chart, 1320.05, for the B-3 District.
Subd. 5 Special ReguIations for Drive-�n Businesses and Fast Food Restaurants in the
B-3 District_ Section 1325.04 of ihis Code, specifies additional requirernents for drive-�n
businesses, fast food restaurants and automobile service stations. This paragraph (Subd.
4) is a pz'ovision whereby the proxi�nity reqnirement of one thousa�d t1�ee huridred and
twenty (1,320} feet between drive-in businesses or fast food restaurants may be waived if
the following conditions are met:
A. Tk�e operation consists of one or anore drive-in businesses or fast food
restaurants and is an integral part of a building containing one or more other
aIlowed uses, or the operation is part of ar� architecturally unified "food court"
or "drive-in service court" complex containing two or mare restaurants, fast
food restaurants or �rive-in businesses_
B. Shared access drives and shared parking are utilized by all such
restaurants, fast foad restaurants or drive-in businesses iz� said building az-
complex.
5ection 1320 — District Provisions
Adopted: November Z 3, 2006
Page 19 of 42
City of Arden Hills Chapter I3 Zoning Code
C. Only one "fooci court" or "drive-in business court" or building containing
fast food restaurants or drive-in businesses will be allowed in addition to one
freestanding fast food restaurant.
D. `I'l�e architecture and the site, grading, circulation, landscaping, screening
and signage plans shall unify the appearance and function of the cornplex or
building.
E. A°fast food co►u-t" or "ci�-ive-in business court" may eonsist af or�e or
rnore buildings on one or rnore parcels if the intent of providing a unified
appearance and function is not cornproanased.
Subd. 6 District Requirements: (The district reqairernents in Section 1320.06 for the
B-3 District wilI app�y). To further accomp�ish the stated purpose of the B-3 Dish-ict,
deveIopers are encourageci to plan their sites in the spirit of the pu�pose and intent of the
Plar�ned Unit Develapment pravision in Section 1320.14_ At the time of submitfal for the
Conditianal Use Pe�it artd Site Plan Re�iew, the applicant shall identify modifcations
to the standard zoning reyuirements otherwise applicable to the site and ihe reasons why
the modifica�ions would be in the pubIic interest and woc�ici be consistent with the
puipose of the district.
Subd, 7 Building Exte�ors, Site Features and Site Develo�me�t. Accorr�plishing the
s#ated purpose of the B-3 Service Business District reguires particuIar concern foar the
design of buildi�gs, site features (such as landscaping, Iighting, and signage} and ,site
design. The arrangement, geometry, rnassing, materials and colors shall be responsive to
existing bui�dings, site feahu-es and site design on adJoining sites in the distriet. T�e City
Cot�ncil will make the fina� determination on the compatibility and consistency with this
provi si an.
1320.10 Special Require�nents for the B-4 Retail Center District.
Subd. 1 Procedure. The applieatian and the administrative and review procedure
established in Section 3355.04 Su�d 3, Conditional Use Pertnits and in Appendix A,
Procedural Manual, shail be followed for all development that involves new building
construction, rnodz�cation of a building's exterior, or modification of the site. T3�is
provision is sub�}eet to any modifications or additions set forth in this Section. The
prescribed pFocedure may be modi�ied by the City to allow planning f�exibility and to
enco�zrage coopera�ive dialogue b�tween the applicant and the City.
Subd. 2 Permitted Uses. Due to the replacement, reuse or redevelopment �ature of
potential development in this district, the list of I-2 permatted uses as of April 1991, that
are not perrnitted in the B-4 Dist�ict, will be al�owed in buildings existing in April I991
as permitted uses until redeveiopment or replacement of the building or buildings housing
such uses occurs. Such uses wili not be allowed in buiidings constructed after April
1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B-4 District
wil3 be pe�nitted either as repIacement uses in buildings existing as of April 1991 or as
uses in replaced or redeveloped buildings.
Section 1320 — District Provisions
Adopted_ November I3, 20fl6
Page 20 of 42
City af Arden HilIs Chapter l3 Zaning Code
Subd, 3 Uses Allowec� by Conditional Use Permit. Due to the replacement, reuse or
redevelopment na�re of potential deveIopment in this dist�-ict, the existing I-2 uses
allowed by conditional use permit as of Apri� I991 will be alIowed to continue as
conditional uses until rec3evelopxnent or replaeement of the bui�ding or buildings housing
sueh uses occUrs. No new I-2 uses by conditional use permit will be allowed unless those
uses are permittec� or allowed by canditional use permit in the B-4 District. The �ses
allowec� by Conditional Use Permit on the Land Use Chart, Section 132a.05, in the B-4
District wi�l be allowed by conditiona] use permit either as replacement uses in buildings
existing as of April 1991 or as uses in replaced, redeveloped or r�ew buildings.
Subd. 4 Special Regulations for Drive-in Businesses and Fast Food Res�aurants in #he
B-4 District. Sectior� 1325.44 af the Zoning Ordinance, specifies additio�al requirements
far drive-in businesses, fas� food restaurants and a�tomobile service statio�s. This
paragraph (Subd. 7j is a provision whereby the proximity reyUirement of one thousand
three h�ndred anc� twenfy { l,320} feet between drive-in businesses or fast food
restaurants may be waived if the fallowing conditions are met:
A. The c�rive-in b�siness or fast food restaurant operation is an integral part of
a building containing one or more aflowed uses and the drive-in husiness or
fast faod restaurant is elearly secondary to other principal uses in the buildin�.
B. The architectural treat�nent, cixculation plan and signage system af such
drive-in business or fas� faad operations are designed to be visualIy and
functionally an integra] part of the building and site in whic� they are Iocated.
Subd.S District Requirements. The requirernents below are established for
developrnent of in.dividual "lots" and for the overall developmer�t of "planned pro�ects".
"Lots" are individt�aI parcels on which rnay be placed a single building {either single ox
xnultiple-occupancy). "Planned projects" are sites on whic�€ zxtay be pIaced (a} A single or
multi-occupancy retail center; {b) Two or more free-standing, single or multiple-occu-
pancy buiIdings; or (c) A combir�atio� of (a) and (b).
A"retail center" is a single building housing either several retail outlets or a single retail
outlet with several departments. In a"plar�ned project" individual lots may be created for
separate �ualdings or parts of �ruildin�s but separate buildings are not required to be
located on separate lots. To allow maximum development creativity and flexibi�ity,
xegulations such as lot area, side and rear yard builc�ing and parking setbacks, Floor Area
Ratio {F.A.R.), number of parking spaces, percent of landscape area, etc_, may be
modified for individual parcels and interior lot lines within a project. However, tne
reguiations for these sa�ne iterr�s must be met for the totaT prolect area and exterior pro�eet
lot Iines.
A. Mini�num Lot Area Requirements_
1. Multiple-occupaney retail center: 5 acres
Section 1320 — District Provisions
Adopted: November 13, 2Q06
1'age Z 1 of 42
City of Arden HilIs Chapter 13 Zoning Code
2. �ree-standing, single or m��tiple-occupancy buiIding: 2 Acres
B. Maximum BuIk Requirements:
1. Height: 35 feet
2. Floor area ratia (F.A.R.): .30
3. Lot coverage by structure: 25%
C. Minimum Landscaped Area: 25%
D. Minimum Building Setbaeks.
1. Front yard and exterior project lines: 50 ft
2. Side yard; 20 feet
3. Rear ya�d: 20 feet
Subd. 6 B�tilding �xteriors, Site Features arid Site Developrnent. Accomplishing the
stated pUrpose of th� B-4 District requires particular concern for fi3-ie design of buildings,
site features {such as Ia�dscaping, lighting and signage} and site design. The
a�angement, geometry, massing, rnaterials and colors slaalI be responsive io existing
buildings. The City Council will make the final determination on the compatihility and
consistency with this provision.
A_ Landscaping (GB District regu�ations, Sectio� 1320.13, shall appty}
B. Parking (GB District regulations, 5ection 1320.13, shall apply)
C. Signs (GB District regulat�ons, Section 1320.13, shalI apply}
D. Lighting (GB District regulations, Section 1320.13,} shati apply)
E. Pedestrian Circulation: All development within the B-4 District shali
i�corporate pec�estrian irnprovements, which may include more specific Cify
reqvirements that hecorne apparent in the plan review proeess.
F. Drainage /Water Management P�an: A plan must be subrnitted with each
project or lot development in the B-4 District. Tl�e plan must be approved by
the Rice Creek Watershed District, other agencies as rec�uired, an�. by the City
Engineer. Qn-site ponding is encouraged as a visuai and functional a�nenity.
Two or more lots or projects may eoordinate their plans for their muhtal
benef t.
Section I320 — District Provisions
Adopted: November 13, 2006
Page 22 of 42
City of Arden Hiils Chapter 13 Zoning Code
1320.11 Special Requirements for the Civac Cerzter (CC) District.
S�bd. 1 Procedure. The application and the admi�tistrative and review procedure
established in Section 1355.04 Subd 3, Conditional Use Pez'tnits, and Appendix A,
Pracedura] Manual, shall be foilowed for aI� development that involves new building
cor�struetion, modification of a building's exterior, or madification of the site. This
provision is subject to any modifications or additions set forth �n this Seetion. The
prescribed pracedure may be modified by the City to aIlow planning flex�bility and to
encourage coaperative dialogue between the applicant and the City.
Subd. 2 Allowable Uses. Development within the CC District will inciude uses that
are permitted and conditional uses on the Land Use Chart, Section 1320.�5, under the CC
District. These uses must be consistent with the stated purposes of this district and the
following deveIopment criteria:
A. Uses. Uses as shown ot� Land Use Chart Section 1320_O5, under the CC
District as per�nitted and canditiona� �ses are allowed. Uses not expressly
stated on the chart are r�ot allowec3, unless detern�ined by the City Council that
the use is similar #o the aIlowed uses and that the use is in t11e best interest of
the City and the CC District, ln this case, the applicant �nust demonstrate to
the satisfaction of the City that the proposed uses, �ot sizes, height, use mix,
location and relationship with other existing and proposed uses are compatible
and compler�aentary both internally and with adjacent u5es, and meet the intent
of the CC District puYposes anci the crite�ia for a�lowable uses.
B. Staging Area. With the exception of during a new construction period,
staging areas shall be free of such materials, equipment ar vehicles at the c�ose
of each business day. Overnight, weekend or holiday storage is not permstted.
Materia3s transfer is permitted only for such act�vities necessary during the
normal day-to-day business operation between the �ours of 6:00 a.m. and 6:00
p.m. Monday through Friday.
C. Hazardous Materials. All hazardous materials used or stored on site are
subject to t�e regulation af the State Fire and Building Cade and the
Minnesota Pollution Cotztrol Agency (MPCA).
D. Inte�nal Traffic Control. All huildings shall be accessible to and from
nearby public streets. City design review will include pedestrian, bicycle,
transii and automotive circulation patterns and needs.
Cubd.3 Prohibited Uses. Some iand uses are specifically not compatible with the
stated putpose of the CC Distriet. The following uses are therefore prohibited:
A. Outdaor storage of ec�uzprneni, vehic�es, and materials. Any type of
storage associa.ted with use mUst be fully contained withi� primary or
Section 1320 - llistrict Provisions
Adogted: November 13, 2006
Page 23 of 42
City of Arden Hills Chapter l3 Zoning Code
accessory building. Materials used in "staging arEas" rr�ust not remain on
ground for mare than twenty-four (24) hours_
B. Towers for telecoanmurEications. �nly antennas that are �ush, parallel,
Unobtrusive and painted th�e sazne calor as buiIding will be aIlowed_
C. Open sales, rental or sfiorage Iots, including but not limited to cars, buses,
trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile
homes, machinery, �umber, building traaterials, landscape materiats, and
similar items.
D. Fast �aod establishments.
E. Drive-in businesses.
F_ �ingle and two-famEily �ousing.
G. Gasoline service statians.
H. Casino.
I. Uses that the City rnay determine are incompatible with its abjeetives or
with development as it may occur, thereby imposing or estabIishi�g new ar
u�foreseen standards.
Subd. 4 Devejopment Sfandards.
A. All district standards speciiied in Section 1320.06 must be met.
B. Maximum Floor Area Ratia (FAR}. The total FAR shall not exceed 0_8
C. Building Height ar�d Setback. To accomplish the intensity and scale of
deve�opment Consistenf with the defined purpose of the CC Dish-ict,
rnu3ti-story bui3dings will be allowed.
1_ State Highways or County Roads: Mininnum building setback is b0
feet. Building setbacks from State Highways or County Roac�s are
m,easured from roadway easement line.
2. Parking setbacks. Parking areas shall be set back �wenty (20) feet
from a�l roadways. The side yard setback requirement for paz-king is �ve
{5} feet.
3. Farking between the front of the building and the raadway is not
permitted. Parking lots must be setback to be plaeed eitkaez- eveza with ox
behind the primary structt�re_
Section F 32Q — District Provisions
Adopted: November 13, 2006
T'age 24 of 42
City of Arden Hills ChapEer 13 Zoning Code
4. Thirty�five (35) feet is the maximum height allowed.
5. The use of stepped building heights is encouraged ta provide visual
iransition. This applies to both multi-building complexes and single
buildings.
6. The Iocation of buildings relative to their heights wi31 consic3er views
and relatior�s�ip from withan the CC District and from puhlic and private
areas offthe site.
D. �.andscapzng and screening. Approp�-iate and unified landscaping is
essentia} to effectively meet the defined purpose of the CC District.
1. A landscape plan shall be submitted as required in Appendix A,
Procedure Manuai.
2_ Fences. If fences are used for landscape screening, they must confnrm
to the following:
a. No higher than s�x (6} feet in rear yards anly;
b. No barbed wire, razor wire, or spikes a�lowed.
c. Fences must blend into the landscape and minirr3ize corros�on.
Wood, brick, stone or wrought iron is enco�araged. If chain link is
allowed by the City Council, it must have black or dark green vinyl
coati:�g.
d. All other requirements of Section 1325.05 Subd � must he
followed.
3. Specia] attention to sereening from roadways must be given.
Screening along �Iighway 96 must be consistent in apgearance a.r�d
materials.
4. 4vez'head garage doors, large parki�g lots, mechanical utilities and
other such ite�ns rnust be proper3y scf-eened.
5. Special aitention must be given fo the Gateway entrances at Highway
96 and Ha:�aali�ae Avenue and at Highway 96 and Lexington Avenve as
specified in the co�nnnunity gateway study.
E_ Building Exteriors. The apgearance of buildings is the most important
component in lanc� development. Accomplishing the stated purpose of the CC
Dzstrict requires partic��ar concern for building design.
Section 132fl — District Provisions
Adopted: November 13, 2006
Page 25 of 42
City o1' Arden Hil►s Chapter 13 Zoning Code
l. Ti�e arrangement, geometry and tnassing of individ�al buildings shall
bE responsive to the arrangement of the whole CC Dist�ct.
2. Exterior building materials shall be of brick, stone, glass or any
com�ination thereof, except trim and accessories rnay be �neta.�. Materials
ar�d coIors selected %r any individual building shall be compatible with
other buiIdings ir� the CC Distric#.
3. Exterior characteristics and �uilding �naterials shaIl utilize consistent
motifs in design, size and scope to create unity in the CC District. Ali
huilding elevations shail be considered "fronts."
4. All sezvice entrance areas, mechanical equipment a�d trash handling
devices shalI be f�lly screened.
F. Parking. Parking requirements contained in Section 1325.06 shall agply.
However, these requirements may be adjustec� by the City in the project
review process if t�e changes will more effectively accomplish the stated
purpose ofthe CC District.
G. Traffic Impact Study. The City rnay determine if a use will impose
Iimitations on traffic.
H. Generated within the CC District. �n order to maintain the funetional
eapacity of the area road syste�, a traffic s�.idy prepared by a traffie engineer
may be required.
I. Signs. Sigr�s are regulated by the Arden Hi�ls 5ign Co�e subject to any
znoc�ifications or additions contained herein.
J_ Lighting_ Exterior lighting shall be pravided for tize safety and
canvenienee of occupants azad v�sitoxs.
1. A la�kating plan shall be s�bmitted that shows Iocation, type of
illumination and design.
2. Exterior Iigliting shall be consistent in type, design, and scale to create
unity in the CC District.
3. The source of illt�mination shall be hooded, concealed or eo:ntsol�ed in
a manner so as not to be visible from adjoining lots, streets or highways or
xesidential areas south of Highway 96.
4. Light washing of buildings is prahibited. Wa�l packs are allowed at
entrances on�y. Accent liglatirag of buildings and sites may be permitted by
the City. A photometric analysis of site and huilding sl�all be submittec�
for City approval.
Section 132Q — District Provisions
Ac�opted: Noveinber 13, 2006
Page Zb of 42
City of Arden Hiils Chapter l3 Zoning Code
K. Pedestrian Circulation. All development within the Dis�z`ict shall install
pedestrian improvements in accordance with the City of Arden Hills
Comprehensive Ptan. Other pedestrian sidewalks and traiIs may be required
by the City.
I_ Site design shail faciIitate pedestrian conrjections and mobility within
and between building sites, and uses by providing clear visual indicators
through door placeme�t, signage, and integrating landscaping coinponents.
2. The city may require bike racks; racks must be placed to not impede
pedestriara circulatian.
3. Internal sidewalk systems shall connect with adjacent planned or
developed public sidewalks or trails.
L. Drainage, Wetlands and Flood Plain. A water management p�a� must be
subm�itted far eaeh project in the CC District. The plan must be approved by
the Rice Creek Waters�ed District, ather agencies as rec�uired, and the City
Engineer_
1. Regional ponding �s encouraged as a visual and fi�nctional amenity;
two ar more sites may coorc�inate their water management plans for their
mutual benefit.
2. Uti�ity Lines_ Underground utility lines shall be reyuired in alI
development within the CC District. �xcept for tertipora�-y measures by
special permit; there shall be no utilities Iocated overhead.
I320.1.2 Special Requiremen#s far the I-Flex District.
Subd.l Procedure. The application and the administrative and re�iew pracedure
established in Section I355.04 Subd 3, Conditionat Use Permits, and Appendix A,
Proced�ral Manual shalI be followed for all development that invoives new b�ailding
construction, modif cation of a bui�ding's exterior, or modif�cation of the site. This
provisian is subject to any modffications or additions set fortn in this Section. The
prescribed procedure may be modi�ied by the City to ailow planning flexibility and to
encourage cooperative dialogue between the applican� and the City.
Subd. 2 Pern�itted Uses. Permitted uses are alIowed as specified on the Land Use
Chart, Section 1320_O5, for the I-Flex District.
�ubd. 3 Uses allowed by CanditionaI Use Permit.
A_ Permitted principal uses, if construction af a new building, modif�cation of
a building's exterior, or modificatian of the site is invalved.
Section I320 --District Provisions
Adapted: November 13, 2006
Page 27 of 42
City of Arden Hills Chapter ]3 Zaning Code
B. Used allowed by Conditional Use Permit as specified on the Land Use
Chart, Section 1320.05, for t�e I-Flex District.
C. Wholesali�g and warehousing if such use is whoily contained within a
buiIding and occupies not znore than fifty (SQ) perceni of the gross floor area
of the building in which it is Tocated.
D. Wholesaling, warehousing and related accessory uses which were in
existence in April 1991 issued a Conditional Use Permit, whieh will aIlow
such uses to continue on the site, or within any existing or expanded facilities
or improvements thereon, provided that the ratios of conditional uses to the
gross floor area of the building do not exceed the ratios existing as o#'the �ate
hereof. T�e Conditional Use Permit shall de�ine the scope and ratios of
existing uses and may be amended rn cornpIiance with the proceduraI
requirements of Section 1355.04 Subd 3 relative to Conditional Use Permits.
E. Manufacturing ar processing that generates hazardous waste with a valid
hazardQus waste generators Iieense from the Ramsey County Public Health
Department or other �icensing agencies having jurisdiction.
Subd. 4 Prohibited Uses. Some land uses are not compatible with the stated purpose of
this dastr�ct and wiJl not be allowed. The foilowing uses are prohibited:
A. Residen�ia� uses, except those required for safety and security reasons iza
relation to the principaI use.
B. Open sales, rental or storage uses or lots.
C. Vehicular sales, lease, xental ar repair.
D. Truck terminals, freight terminals and freight forwarding services.
E. Bull� storage buildfn�s, yards anc� termi�als, inc�uding but not lirnited to
forest, metal, concrete, agriculturai and petroleum products; ehemica�s and
similar products_
F. Manufactt�rirzg or processing that generates hazardous waste without a
valid hazardous waste generator license from the Ramsey County Public
Health Department or other licensing agencies having jurisdiction.
Subd. 5 District Requirements: (The district requirements in Section T 320Ab for the
I-Flex District will apply). To fiirther accomplish the stated purpose of the I-Flex
�istrict, deveiopers are encouragEd to plan the�r sites in the spirit of the purpose and
intent of the Planned Unit Development provision in Section 1320. ] 4. At the time of
submitta� for the Conditional Use Permrt and Site Plan Review, the applicant shall
identi�y modifications to the standard zaning requirernents otherwise applicable to the
Section 1320 — District Provisions
Adopted: NoveFnher 13, 200G
Page 28 of 42
Gity of Arden Hills Chapter 13 Zaning Cnde
site and the reasons why the rnodifications wou�d be in the public interest and would be
consis#ent with the purpose of the district.
S��d. 6 Building Exteriars, Site Features and Site Development. Accoxa3plishing the
stated purpose of the 1-�']ex District requires partieular concern for the design of
bui�dings, site features (sueh as landscaping, iighting, and signage) and site design. The
arrangement, geometry, massing, rnaterials and colors shall �e responsive to existing
buildings, site features and site design on adjoining sites in the distr�ct_ The City Council
witl make the finaI determinatian on the comipatibility and consistency with this
provision.
1320.13 Special Requirernents for the Gateway Business {GB) Distr�et.
Subd. � Procedure. The application and the administrative and review procedure
established in Section 1355.04 Subd 3, Conc3itional Use Permi�s, and Appendix A,
Procedural Manual, shall be fo�lowed for all developmenE that invoIves new bui�ding
construction, anodifzeation of a buiiding's exter�or, or �nodification of the site. This
provision is subject to any rnodifications or additions set %rth in this Sectian. Tl�e
prescribed procedure may be modified by the City to allow planning f�exibility and to
enco�trage eooperative dialogue between the applicant and the City.
Subd. 2 Defini#ions of Terms Used Herein.
A_ Gaieway Business {GB) District_ A distnict established specifica�ly to
provide a fIexible framework for the development of the axea of the city
generally ]ocated in the northeast q�adrant of the interchange at I-694 and
I-35W.
B. Mixed Use Project. A segment of the GB Distz7ict that zs controlled by a
single developer entity, containing more than one type of tase, and planned as
a single deve�opment but may he deve�oped in more than a sing�e stage.
C. Single Use Project A segment o£ t�e GB District that is controlled by a
single developer entity and containing a single type of use, planned as a single
development and encompassing one or more parcels but may be developed in
more than a single stage.
�ubd. 3 A�lowable Uses_ Development within the GB Dismct wil� include uses that
are speci�ed on the Land Use Chart, Section 1320.45, and shaIl eor�pIy with the
following development criteria:
A. Of�ce �ses occupyin� not less than twenty-five (25) percent nor more
than fifty (SQ) percent of a project's total #loor area.
B. The mix, relationship and intensity of uses and buildings wilt be
compatible and complernentary both anternally and with adjacent uses.
Section 1320 — District Provisions
Adopted: November 13; 20Q6
Page 29 of 42
C;ty of Arden Hilis Chapter I3 Zoning Code
C_ Retail or service businesses offezing goods, merchandise or perso�zal
services for sale primarily to those e�np�oyed in the GB District will be
allowed to occupy no more than fifteen (l5) percent of the totaI fIoor area of
the b�ilding in which they are �ocated. Service statians with retail services
and with a car wash shaIl be exempt from �his restriction.
D. MuIti-farnily residential use is }imited to that axea adjozning the public
area su�rirounding Round Lake and shall not exceed fifteen (1 S) percent of the
total Iand area in tl�e GB District exc�usive of Parcels 2, 3, 4 and 5 as
identified in the NE I-694/I-35W Plan. Densities shall not exceed those
allawed in an R-4 Residential Dist�-ict.
E. Licensed day care facilities will be aIlawed either in a building containing
other uses or in a freestar�ding bui�ding. Freestanding day eare facilities are
not req�red to meet minimum floor area or minirnum lot area require�nents
otherwise required in the GB District.
F. TYze use is an the best interest of the City and the GB District. The
applicant shall dernonstrate to the satisfaction of the City that the proposed
uses, lot sizes, height, use mix, location and relationship with o#her existing
and proposed uses are compatible and complementary both internaIly and with
adjacent uses, and :meet the intent af the City as expressed in the GB District
purpose and the ahove criter�a for allowable uses.
Subd. 4 Uses Allowed by Conditional Use Permit. Service stations with retail sales
and serviees and with a car wash are allowed by Conditional Use Permit. Such uses shall
offer retail, gasoline, and car wash servaces and s�ali not contain veh�cle repair bays or
offer vehicle repair services; minor repairs; ineidenta] body and fender work; minor
painting and upholstering; replacement parts and motor services to passenger automobiles
and trucks not exceeding one and one-half tons capacity; �najor general repair; rebuilding
and reconditioning of engines, motor vehic�es or trailers collision service, including body,
frame, or fender straightening or repair; or overaIl painting or paint job.
Subd. 5 Prohibited Uses_ Some land uses are not compatible with the stated purpose
of tlae GB Distx:ict. The following uses are therefore prohibited:
A. Singie-family or two famiiy residences
B. O�en sales, rental or storage Iots, including hut not limited to cars, buses,
trucks, m:otorcycles, bicycles, recreational vehic3es, trailers, boats, mobile
homes, machinery, Iumber, build�ng rnaterials, landscape t�naterials, and
simii�r itetns.
C. Vehicular sales, lease rental or repair, including but not �imited to the
items listed in (b} above.
Section 1320 — District Provisiozas
Adopted: November Z 3, 2406
Page 30 of 42
City of Arden Hills Chapter l3 Zoning Code
D. Truck terminals, freight ternnznals and freight forwarding services.
E. BuiIding supply stores and yards.
F. Outside storage.
G. Warel�ousing arad whoiesalzng exeeeding seventy-five (75} percent of the
building in which it is located_
H. Mini-storage facilities.
I. Bulk storage buildings, yards and terminals, including but not Iimited to,
forest, metal, concrete, ag�-ieultural and pet�-oleum products, chea�:acals and
sirnilar prod�ets.
J. Manufact�ring that requires outdoor starage of bulk, raw or finishec�
rnateriais used in or resulting from the manufacturing process.
K. Manufacturing ar processing that generates hazardous waste without a
valid Hazardaus Waste Generator's license from tt�e Ramsey County Public
Health Department.
L. Uses that the City may determine are incompatible with its objectives or
with development as it �ay accur, thereby imposi�g or estabIishing new or
unforeseen standards.
Subd. b Development Standards.
A. Minirs�um pro�ect and lot size.
I. Except as otherwise speci�cally set forth in this Section, a mixed-use
projeet within a GB District shall cantain a�ninimum of twenty (20)
aeres. The proposed Iand uses in such a project at�d their mix, intensity
and relationship may reyuire varying lot sizes within said project, none of
which lots shalI be less that� five (S) acres in size except as otherwise
pertnitted herein.
2. Lots of less than five (5) acres within a nnixed use project rnay be
permitted only when the applicant has demonstrated satisfactorily that:
a. The lot will be the site of a use that wzll be corr�patible with and
will eomplennent and en�aazaee existing and p�anned busirzesses.
b. The primary business of the proposed eomplementary use wiIl
serve business activities within �he GB Distnct. �
Section 1320 — District Provisions
Adopted: November I3, 2006
Page 31 of 42
City of Arden HitIs Chapter 13 Zoning Code
3. Single use projects, exciudtng service stations with re�ail sales and
services and with a car wash, shaIl contain a minimum area of ten {10)
acres.
4. Interior lot lines within a mixed or single �se project may be located to
allow individual ownership of specif�c buildings. To alIow maximum
deve2opment c�-eatiivity and flexi�ility, regulations such as sic�e and rear
yard building and parking setbacks, F.A.R., number of parking spaces,
percent of landscape area, etc., may be nnodi�ed for individual parcels
and interior lot lines. However, the regulations %r these same items must
be met for the total rnixed use or single use project area and exterior
project Iot lines.
a. Minimum Building Size. To accorzaplish a scale of development
consistent with the defined p�rpose of t�e GB Dish-ict, the minim�m
ground f�oor area of a building otl�er �han residentia� uses, and far
service stations with re�ail sales and services and with a car wash, shal]
be twenty thousand (20,040) square feet, except as otherwise regulated
herein.
b. Maxim�m Floor Area Ratios (F.A.R.}. The total F.A.R. of a
Mixed-Use project shall not exceed 0.5. in order to achieve the open
space objec�ives of the GB District, mixed use projeets sha31 conform
with the following relationships, F_A.R_, building height, and
landscape iot area.
Sectian i 320 — Drstrict Provisions
Adopted: November 13, 200b
Page 32 of 42
City of Arden Hills Chapter 13 Zoning Code
Minimurn
Buildang Hea�t
in Staries
3
2
1
Maximum
�'roject
F.A.R
0.5
0.4
0.3
Minimum
Landscape
Lot Area
35%
35%
35°/fl
Proj. F.A_R. = F.A. B1dg. 1�- F.A_ Bld�_ Bld�. 2+...F.A. Bld�
A
Where: F.A. = Total Ploor Area in Square Feet
n — Tota1 Number of B�tildings
A = Project Area in Square Feet
B. B�ilding Height and Setback. Ta accompIish the intensity and scale of
developrr�ent consistent with the defined pu�-pose of the GB Distr�ct,
multi-story buildings wall be encouraged.
1_ BuiIding height will be regulated only as it affects the safety of
occupants, compatibility with other uses and buildings, and other City and
District rec�uiz-e�x�ents.
2_ The use of stepped b�ilding heights is encauraged to provide visual
frar�sition. This applies to both rn�lti-building complexes and single
buildings.
3. The Iocation of buildings retative to their heights will consider views
and relationship fror� within the GB District and from public and private
areas off the site.
�. Minimum building setback requirerr�ents are fifty (50) feet from alI
streets and exterior project property lines and twenty {20) from alI interiflr
property lines, except that interior lo# Iine setback rec�uiremen�s may be
madifed by the city in the project review process if specific condition�s of
the pro}ect plan justify modification.
C. Landscaping. Appropriate and unified landscaping is essential ta
effectively meet the defined purpose af the GB District.
1. A landscape plan shall be submitted as required in Appenc�ix A,
Procedure Manual.
2. Special landscape enhancement of views from I-694 and I-35W will be
required.
Section 1320 — District Provisions
Adopted: November 13, 2006
Page 33 of 42
City of Arden Hills Chapter i3 Zoning Code
D. Building Exteriors. The appearance of buiIdings is the most important
component in land developmezat. Accompiishing the stated purpose of the GB
District requires particular concern for building design.
1. T`�e arrangement, geornetry and massing of individual b�ildings sY�all
be responsive to the arrange�nent, geometry and zxzass�ng of the whole of
the GB Dist�iet.
2. Exterior building treatment (wall surfaces) shall be of brick, stone,
glass or any combination thereof, except trim and accessories may be
metal.
3. Materia�s and eolors selected for any individual building shall be
compatible witl� other b�ildings in the GB District.
4. AI3 service entrance areas, meehanical equipment and trash handling
devices shalI be seree�ed from adjacent buitding and off-site visibility_
5. A"campus" p�an arrangement is hereby encouraged and a"sigr�ature"
building is cansidered desirable.
E. Parking. Parking requirements contained in Section I325.46 shall apply.
However, these requirernents may be adjusted by the City in the project
review process if the changes will more effecti�ely aceomplis� the stated
pu�pose of the GS District.
Surface parking shall main�ain a�ifty (50) foot landscape setback from alI
publie streets and a twenty {2Q) foot landscaped area from exterior project
property lines, except for access drives that may cross tne setback area. Since
the �ntent of this parkirag setback ks to provide visual separation �or Iarge scaIe
developments service stations with retail sales and services and with a car
wash shall be exempt for this particular requirement anc� instead shall be
required to r�eet tl�e general parking setback requirements (a twenty (2fl) foot
parl�i:ng setbaek from any public street or right-of way and a five (5) foot
parking setback from any side or rear property lanes) as stated an SecYion
1325.06.
F. Tra�c Irnpact Study. The City has deterrnined t�at the iraf�c capacity of
#he interchange at I-35W and State Haghway 96 will impose limitations an
traff�c generated within the GB District. In order to �naintain the funciional
capacity of the area roa� system, hoth i�ternal and external traffic and garking
plans and traffic generation studies prepared by registered traffic engineers
will be required for all pxoject withan the GB District.
G. Signs. Signs wiII be regulated by the Arc�en Hills Sigri Code subject to
any modiiications or additions contained herein. To promote the purpose of
tl�e GB D�st�ict:
Sectio� 1320 — Distriet Provisions
Adopted: November 13, 2afl6
Page 34 of 42
City of Arden Hills Chapter 13 Zoning Code
1. A sign plan shall be submitted in cannection with the site p�an or PUD
Master Plan that shows the Iocation, type, size and design of the individ�zal
sigrzs.
2. Deviation from the stanciard reguIations shall be allowed oniy after the
applicant demonstrates, and the City eoncurs, that the deviation is essen�ial
to further the purpose of the GB District
3. Any bilIboard located in the GB District may be expanded, altered,
reloca#ed or otl�erwise modified soIeIy upon written approval af the City,
provided the expansion, alteration, relocation or modification is authored
hy the City of Arden Hills in con�ection with a transaction which will
res�lt in a net reduction in the number of billboards or in the aggregate
sign face area of the billboards, Iocated within the GB Distric#.
H. Lighting_ Exterior lighting shalI �e provided %r the safety and
eonvenience of occupar�ts and visitors.
T. The sot�rce of illumination shaIl be hooded, cor�cealed or controlled in
a�nanner so as not to be visible from adjoining 3ots, streets or highways ar
residential areas east and south of Round Lake.
2. Accent Iighting of buildings and sites may be permitted by the City.
3. A�ighting plan shaIl be submitted that shaws location, type of
i�lumination and design.
I. Pedestrian Circulation. All development within the District shall install
pedestrian improvements in accordance wit� the NE I-694/I-35W Plan
approved by the City. Other pedestrian sidewalks and trai�s 3nay be required
by tne City.
J. Drainage, Wetlands and Flood Plain. A water management plan must be
subrnitted for each project in the GB District. T`he plan must be approved by
the Rice Creek Watershed District, other agencies as xequired and by the City
Engineer.
1. On-site ponding is encouraged as a visual and funetionai amenity.
2_ Two or moxe projects may eoordinate their water management plans
for their mutual benefit.
K. Utility Lines. Provision for undergronnd utiIity lines shall be required in
ali development within the GB District.
Section 1320 — District Provisions
Adopted: November l3, 2006
Page 35 of 42
City of Arden Hills Chapter 13 Zo�ing Code
1320.14 Piannec€ Unit Development (PUB) Overlay DisErict.
Subd. 1 General Purpose. The Planned Unit Development {PUD) District promotes
the development of iand in a unified manner by treating the entire development as a
sing�e entity and relaxing the strict application of stanc�ard zo�ing and subdivision
requirements. PUD's may be allawed in any district but are required for mu3tiple family
dwellings in the R-3 and R-4 Districts.
S�bd. 2 Applicability. The PUD District is an overlay zoning technique, whereby the
basic underly��g zoning district establas�es the basic allowable rases a�d the gene�-al
standards for cievelopment and the approved PUD plan establishes the specific
regulations far deveiopment and shall govern and take precedence over the underlying
Zoning District regulatio�s. If a zoning change is required to accomtnodate the uses or
general intensity of deve�apment in the �UD, an application for a Zoning District change
shall be made concurrently with the PUD application and, if approved, the Zoning Map
shail be changed both as to the underlying zoning dish-ict anci designation as a PUD
distr�ct.
Subd. 3 General Proced�re.
A. Applieant meets w�tl� City Staff to clarify and determine PUD
requirements and discuss applicant's proposal.
B. (Optional) Applicant desiring review of a PUD has t�e option of first
applying for Concept PIan R�view and thEn praceeding to obtain Master
Plan and Fina] Plan approval.
C. Applicant submits PUD Master Plan to City.
D. Planning Corr�rr�ission conducts pubIic hearing{s) on PUD Master Plan
and recommends action to the City Council.
E. City Co�nci] conducts ac�ditional hearings {optional), and takes actiorz
on the Master Plan.
F. If approved, City Staff adds the PUD Distr�ct and changes the
underlying zoning, if required, to the Zoning Map. The PUD Master Plan,
as approved, incl�ding all applicable documents, is adopted as the
ordinance gaverning development of the PUD property.
G. Applieant submits Final PUD Plan for elements that are to be
developed imminently. A F�na� PUD Plan will be submitted for each stage
of development/constraction.
H. Planning Commission reviews Final PUD Plan and recommends action
to the City Council.
Section 1320 — District Provisions
Adopted: November 13, 2Q06
Page 36 of42
City nf Arden Hilis Chapter 13 Zoning Code
I. City Council reviews and takes action or� the Final PUD Plan.
J. Applicant applies forbuilding perrnits.
S�bd. 4 PUD Cor�cept Plan Review {Optional}.
A. Procedure. An applicant considering a PUD may first apply far Coneept
Plan Review thereof and then proceed to obtain Master Plan and Final Plan
approvaI
B. Purpase_ Cpnce�t Plan Review is an informal discussion pxocess that
allows the app�ieant to present preliminary ideas about a cante�nplated
development project to the city, and in turn the city may offer suggestions and
concerns regarding the development concept.
C. Application, Documentation and Administrative Procedure. The appIicant
far Concept Plan Review of a PUD shal� complete and submit to the zoning
administrator an application on such forms as are provided by the
administrator, together with the reqUired fee and six {6) copies of information
�eeded to convey the Concept Plan Review ideas to the city.
D. City Procedure. The City will prepare a summary of the proposed
Concept Plan in terms of City pfans and regulations and transmit this
anfozmation anc3 the inforrnation s�zbrrsitted by the appIicant to the Planning
Commission and City Council to assist their review of the proposal. Nothing
herein contained shall be deemed to %rbid or discourage inforimal
eonsultations between the applicant and the City Planner prior to the filing of
an applicatian for Concept �'la� Review, provideci no staternent or
representation made by said planner shal] be binding upon the City of Arden
Hills.
E. Procedure for City Review. The Planrring Comrnission will offer
coanments and suggestions xegarding the Concept PIan to the applicant. These
comments and svggestions wiil be transmitted ta the City Council, which may
offer additional eorn�nents. No public hearing will be heId at this stage so the
city cannot take action. No suggestions made by the Planning Comrnission or
Council an the proposed Concept Plaza are bindizzg on the City �or subsequent
stages.
Subd. 5 PUD Master Plan.
A. Procedure. As the first step in the PUD approval process, an applicant
mUst first apply for Master Plan approvat and then proceed to al�tain Final
Plan approval, or may apply for both the Master PIan and Finai Plan
concurrently.
Section 132fl — District Provisions
Adopted: November 13, 2Q06
Page 37 of 42
CiYy af Arden Hills Cl�apter �3 Zoning Code
B. Application and Documentatian. The applieant for Master P�an approval
of a PUD shall comptete and submit to the zoning administratar an application
on such forms as are provided by the administrator, together witn the required
fee and six (6) copies of the documes�tation as required in Section 1355 anc�
Appendix A, Procedure Manuat.
C. Adrninistrative Procedure. After submission af the application and
documentation required, the City of Arden Hills shall follow the
adrninistrative procedure for obtaining a PUD pertnit set forth in Section
� 355.04 Subd 6. Nothing herein contained shall be deEmed to forbid ar
discourage informal consultations between the applicant and the City Planner
prior ta the fiIing af an applieation for Master P1an approval, provided no
statement or representatian made by said planner shall be binding upon the
City of Arden Hills.
D_ P�ocedure foz' Council Action. The procedure �or Couneil action in
Chapter � 355.04 Subd 6 shall apply.
E. Effect of PUD Master Plan Approval. A PUD Master i'la� w}zich has
been given approval as submitted, ar which has been given approval with
eonditions which have been accepted by the appIicant, provided the applicant
has not defaulted r�or violated any of the conditions of the approval, shall not
be modified or revoked nor otherwise impaired by aetian of the City pending
an app�ication for FinaI Plan approval, without the consent of the applicant,
provided an applacation for Final Plan approval is submitted to the City in the
manner hereinafter provided within six (6) months of the date on whieh
approvaI of the Master Plan was granted by the Council. This Pinal Plan
Subrn�ssion requirement within six (b) montY�s shal� be waived for campus-
type developments for either institutions or business and ind�strial
de�elopment. The Counci� may, only upon written request by the applieant,
extend this six-montY� period. In the event the applicant shall fail to file said
appIication for Final Plan approval or request a tinne extension within said six
(6} mvnth period, upon the expiration of said period of time the appraval of
his Master Plan shall be deemed to have been revoked atld nullified.
�. Other Requirements Applicable to a PUD Mastex Plan Approval. In
makrng its decision as ta whether to approve the appIicant's PUD Master Plan
the City Council shall be guided by the provisions of Section � 355.b4 Subd
3.B. Council action on the PUD shall follow the provision of Seetion
1355.fl5.
G. Doeumentation for Larger
required for a Master Plan for
{S} or more acres in size or
comp�ete plans are warranted):
Compiex Areas. Additional documentation
larger corr�plex areas (development tracts five
of such complexity that more detailed and
5ection 1320 — District Provisions
Adopted: November I3, 2006
Page 3 8 of 42
City of Arden Hi�ls Chapter 13 Zoning Code
1. Land Use Component. A larid use component shal] consist of a map or
maps setting forth the distribution, location and extent of the area of land
devoted to each category of land use existing and proposed as part of the
Master Plan, including, but not Iimited to, the existing and proposed
coverage of area by buildings and streets. Said map or maps shall
encompass not only that portion of the development tract toeated within
the City but also any portion thereof located in ar� adjacent municipality.
Said co�nponent shall also con�ain a descriptive statement of objective,
principles and star�dards used in its formulations.
2. Traf�c and Parking Corraponent. A�raffc and parking coznponent
shaI� consist af a rr�ap or maps setting forth the generaI location and extent
of all transportation and parking facilities, existing and proposed, as part
of the Master Plan of the entire cievelop�nent tract, including any portion
thereof ]ocated in an adjacent rriunicipaIity. In addition, it shaIl inciude,
among other things, dac�mentation, data ax expert testinao�y in suf�cient
detail to s�ow the impact of traffic expected to be generated by the
proposed development over the course of its growth and expansion upon
the current arsd prajected traffic in surrounding streets; to demonstrate the
adequacy of parking facilities in light of existing and projected population
of the development; and to show the adequacy of streets pxoviding access
to and from proposed and existing parking facilities. Said component
shalI also contain a descriptive staternent of objectives, principles and
standards for its formulation.
3. Population Component. A population component shail contain a
descriptive staternent of the standards of population density and building
intensiry for the various proposed Iand uses, including esti�nates for f�ture
population characteristics and change witl�in the planned cvmmunity
correlated with the other caanponents of the Master Plan. The supparting
data shall include, hut not be �imited to, dwelling (housing) units per acre
for the various residential uses proposed; and square footage by type for
the various nonresidential facilities, incl�ding sufficient data to calcuIate
traff c generation, parking requirements, water consu�nption, sewage
needs and the necessary capacity af related �tilities and services
traditionalIy rendered hy public and private organizations for a population
of such size as is pro�ected for the completed, planned deveIopment.
4. Subdivision Design Component. In the event the development tract is
to be subdivided, the developer shall submit a subdivision design
component; otherwise, such component shall not be required. A
subdivision shali contain a descripfiive statement of the principles
goverr�ing tl�e proposed suhdivision of land, including lot design for
various proposed land uses. This component wil� include all of the
docume�tation necessary for preliminary plat approval as found in the
Subdivision Ordinance of the City of Arden HilIs, unless waived by the
Planning Commissian or Council. This component shall he in s�fficient
5ection 1320 — District Prnvisions
Adopted: November 23, 2006
Page 39 of 42
City of Arden Hills Chapter 13 Zoning Code
detail so that it can serve as the basis for determining the conformity of
any site plan to t�e Master Plarf.
5. Services and Facilities Component. A services ancE facilities
component shali contain map{s) setting forth the general Iocatian and
extent of any a�d all existing and proposed systeins for sewage, domestic
water supply and distribution, refuse d.isposal, drainage, local utilities and
rights-of-way, easements, faci3ities and a�purtenances necessary therefore.
In addition, it s�all inciude a grading plan showing in sufficient detail ihe
amount and type of fill or excavation to be used to accomplish the grad�ng
of the development tract, or portion t�ereof, the contours of the areas to be
graded, and provisions made for storm water drainage so that the City can
assess .the irnpact of such grading upon the remainder of �e develapment
tract and the surraunding neighborhoods. Said component shall also
contain a descriptive statement setting forth objeetives, principles and
standards used for its formulation, as we�l as a detailed statement
describing the proposed ownership, method of operat�on and �aintenance
of each such service and facility_
b. Const�ction o�aez Component. A construction order componer�t
shall contain a map or maps setting forth the proposed chronological order
of construction relating each proposed use and structure to the
construction of the various services and facilities as may be re�uired
herein. Said componen# shall incIude estimated completion dates and
shail speciiy the proposed order of reyuest for utility release or a�thority
to occupy compiete� structures so as to provide a basis for determining tl�e
adequacy of the related services and faciiities for each separate
construction phase.
7. Additional Components. The Master Pian may include as additional -
components, a recreation component; a public building camponent,
provic�ing for consideration of administrative and public safety quarters;
and such ather components indicated by the nafttre of the particular
proposed development.
S. Contractual Component_ This component shal� confain any and aIl
proposals for homeawners' agreements, covenants and restrictions
propased for the developnaent and/or management proposals and plans for
the developzn�nt, and any ofher agreements or contracts affecting the
owner or owners of individual units or of the entire projeet proposed under
the Master P3an procedure.
H. Final Plat. Unless �he requirement for a finat plat has speci�cally beer�
waived by the City Counci3 or was approved as part of ihe PUD Master Plan
in its issuance of the PUD permit, the permittee of such PUD permit shal�, not
later than six (6) months after the date of the Council's approval of his Master
Plan and granting of such pern�it, proceed to seek the CiEy
Section l 320 — District Provisions
Adopted: November � 3, 2006
Page 40 of 42
City of Arden Hills Chapter 13 Zoning Code
I. Counetl's approval of the final plat of the devetopment tract or a portion
thereof by �ollowing the pxocedure and pxoviding the documentation rec��ired
for final plat approval in the City's Subdivision Ordinance. In the event the
permittee faiIs to commence such proceedis�g to obtain final plat approval
within said six (6) month period, the final plat and PUD permit, shall be
considered void, nullified and revoked unless an extension is requested in
writing by the permittee and for good cause granted by the City Council.
Upon appz�ovaI by the City Council, the �nal plat shall contain on its face a
cross-reference to the previously approved PUD permit.
Subd. b Final Plan.
A_ Application, Doc�zznentation and Ad�inastrative Procedure. Within six {6)
months after obtaining Master Plan approval, or within sueh extended period
of time as the Couneil has agreed ta, the applicant for Pina] Plan approval of a
PUD or specific portions of the PUD shalI complete and s�abmit to the zoning
administrator an application on such forms as are provided by the
adnninistrator, together with the required fee and six (6) copies of the
documentatian required in Appendix A, Procedure Manual. In addition to this
documentation, a w�tten stateme�t that t�e Final Plan is in conformity with
the Master Plan as approved by the Council, or if it is not in eonfarmity with
the Master Plan as approved by the Council, he shall specify in said written
statement all the deviations frorn the approved Master Plan. The
administrative procedure that the City shall use in processing sucl� application
shall be that procedure set forth in the Site Plan Review Seetion of Appendix
A, Procedure Manual, and Section 1355.04 Subd 5 of this Code.
B. Development Agreernent and Bonding to Assure Performance and
Conformance to Final Pian_ To assure that alI improvements to be constructed
as part of the approved Final Plan are campleted i�a aceordarace with the terms
a�d cond�tions of sueh pla�, or each phase thereof as outlined in the
cons4ruction orc�er component, the �ity Counci3, at the time oi its approva] of
said Final Plan or any �nal plat required thereby, whiehever is �ater, may
require the permittee to enter inio and file with the adrninistrator a
development agree�xaerat with th:e City and a corporate surety bo�d guarantee-
ing the faithful performance of the pern�ittee's obligations �nder said
development agreement, and in comp3etion of alI impraverr�ents prov�ded for
in said Final Plan in a penai sutn equal to one hundred twenty-five (125)
percent af tl�e cost of such i�npro�ve�ents as estimated by the City Engineer,
which agreemer�t and bond shall be filed witl� �he administrator no later than
thirty (30) days after such requiremer�t has been made by the City Council. In
the event the perr�ittee has faiied to enter into said agreement and to �tle the
same along with said bond with the admanis�rator by the expiration of said
thirty-day period, the PUD Permit, Final Plat (if any) and approved Finai Plan
shall be deemed void, nuliified and revoked unIess an extension is requested
in writing by the permittee and for good cause granted by the City Council.
Section 1320 — District Provisions
F�dopted: November l3, 2006
Page 41 of 42
City of Arden Hi11s Chapter 13 Zc►ning Code
The development agreerr�ent may provide fox several bonds eovering separate
aspects of the PUD, the aggregate of which shall tatal one hundred twenty-
five (] 25} percent of all the improvements to be constructed and co�npletec� by
the permittee pursuar�t to the approved Final Plan, in which case each said
bond required by such developnraent agreezaaent shail be filed a�ong therewith
wi�hin the period above-stated_ It may also require guarantee bonds itz the
penal sum of one hundred (100) percent of the cost of compieted
improvements, as estimated by the City Engineer to g�arantee such
improve�nents for whatever �engths af time are specified therein. The release
of any bond or any portion thereof shall either be gaverned by the terms and
provisions of such development agreement or shall be based �pon the
recommendat�on of the City Engineer or City Planner and approval t�Zereof by
the City Co�ncil.
C. Open Space Easements and Covenants. To assure the City of the
continued rraaintenance of any open space, recreational areas, cornmon areas
and the tike which are proposed to �e owned and maintained by a
homeowners' association to be formec3 by the permittee [and that sazd areas]
will not be devoted to purposes other than those for which t�ey were
originally intended, tlae City Cour�cil may require at the time of its approval of
the FinaI Plan or iis approval of any final plat required thereby, whichever is
later, t�at the permittee execute and grar�t to tl�e city ope� space e�sements
and covenants, approved by the C�ty Cauncil at the time such requirement is
made, which shall be filed by the permittee wi�in thirty {30} days after the
Gity Council �Zas �nade such requiremen�s. In the event the perrr►ittee has
failed to Execute said open space easements and covenants and to file the
same with the administrator by the expiration of said thirty-day period, the
PUD PermiE, Final Plat, if any and Final Plan shalI be deemed to be void,
n�llified and re�oked unless an extension has been required in writing by the
perrr►ittee and for good cause granted by the City Council.
Section ] 320 — District Provisions
Adopted: November 13, 2006
T'age 42 of 42
Attachment
Proposed Append�x A — Procedures
March 31, 2008, City Council Meeting
_ __ _ __ _
INTERIM USE PERM�T
A. CITY REVIEW PROCEDi]RE
1. Applicant reviews proposal with City PIanner before plans are
finalized.
2. Applicant submits application and submission ciocurnents #o City.
3. Planner prepares written review of appiieation for P�anning
Co�ramission and City Cauncil (City Attorney, Engineer, Building
Inspector and Fire Chie� miay also prepare reviews depending on
issues invo�ved in appIication.
4. Planning Comrr�ission holc�s public hearing, reviews proposa] and
make recommendation to City Council.
5. City Council conducts additional hearings (optional}, reviews
application and iakes action.
6. City Staff processes Interiixz Use Perm�t.
B. SUBMISSION REOUIREMENTS Some requirements may be waived
depending on complexity of proposal. AppIications for principal uses requiring a
Conditional Use Permit will ordinarily incl�tde all or most of the foIlowing
Submission Requirements; applicat�ons far accessory ►�ses requiring a Canditional
Use Permit will ordinarily req�ire only those items that have a direct bearing on
the application.
LOCATION MAP Blank map provided by City and Applicant fills in entire property
for which tl�e appl�cation is being made.
OWNERSHIP REPORT
1. Record Owners of the property;
2. Applicant if different than Owner;
3. Addresses and phone numbers of Owner and Applicant; Owners
and addresses of all property w�tl�i� 35Q feet of the boundary of the
property.
SURVEY
]. The date, north point, rnap scale, narne and address of the
applicant, owner, operator, surveyar, engineer and designer,
inc�uding their license numbers and sEals;
2. A correct boundary survey and �egal description of the subjec�
property made and certified to by a registered Land Surveyor
indica[ing tatal acreage of site;
3_ Depiction of all watercourses, lakes, marshes, wooded areas, rock
outeraps, power transportation pales and lines, gas lines, single
trees wzth a diameter of eight (S) inches or more as rr�easured three
(3) feet above the base of the trunk, and any ot�er signif�cant
existing features;
4. Delineatia� of �opography of subject property with contour
interva�s of not more than two (2) feet and s�pplementals of one
(1) foot �n extremely flat areas, the data for wh�ch shall be derived
froxn the �fth genera� adjustment of 1929;
5. The location, right-of way widih, dimensions and �ames of
existing or dedicated streets or other public lands, permanent
buildings and structures, easements, sectian and corporate Iines
within the sub�ect property and within a distance of one hundred
(10�) feet from the prope�ty bo�ndaz ies;
6. Descriptions, reference ties and el�va#ions of all benc�unarks;
7_ Lacation of ail monumenks existing at the time of the survey, and
those which the surveyor shall have loeated at the corners of the
sUbject property;
8. Reference to arid relations of municipal, township, county or
sectiora lines ta iines of the subject prope�ty �y distances, angies,
radii, ir�te3-nal angles, points and curvafures, tangent bearings and
lengkhs of all ares; and
9. Bounc�ary lines of adjoining property within one hundred (100}
feet, identifying owners_
SITE PLAN
I. Boundaries witl� dimensio�s and angles and ties to Section Lines
2. Exist�ng and proposed topography
3. Existing bui�dings on the site azad vvit}�in l00 feet
4. Proposed �uildings, additions or demolitio�s
5. Existing curbs, curb cuis and driveways
6. Existing and proposed parking and loading faci3ities
7. Trash and waste storage faci]ities
8. Tabutation of pertane�t site data to aad in evaluating compliance
with zoning requirements
9. Pedestrian circulation system
10. Screening (fences, walls, landscaping, berms)
LIGHTING PLAN
1. Location of a3l exterior lighting fixtures
2. I�l�mination pattern and data on lighting fix�res
3. Betails af Iighting fixtures
4. Aelationship to Iighting on ab�ztting properties
DRAINAGE PLAN
1. Existing and proposed drainage facilities
2. CaIculations to deterrr�ine sizing af pipes, structures and water
storage areas
3. Gradients of surface drainage a�d pipes
4_ Erosaon control measures
5. Storm drainage easerr3ents
UTILITIES PLAN
1. Existing and praposed sanitary sewer and water systems
2. Elevations, gradients and sizing of alI camponents
3. lltilities easements
LANDSCAPE PLAN (see "La�dscape Plan" procedures for Design Requirernents)
l. Location, size and species of all propased plant rnaterials
2. Loeations, size and species of aI� existing plant materials over 4" in
diameter proposed ta satisfy landscape requirements
3_ Table of plant materials
4. Planting c�etails
SIGNAGE PLAN (see "Sign Permits" Procedures for Submission and Design
Req►�irements}
]. Location of all signs - wall mot�nted sig�s shal] Ue shown on
building elevations - with setbacks
2. Diagrams ofsign copy with dimensions and color
3. Dimensions of all signs incl�ding sigt� structures and mounting
systems
4. Height of al� signs
5. Si�n ill�mination system
b. Structural Plans shQwing nrzate�ials, iabrication and mounting
system
BUILDING PLANS
1. E3evation drawings, sections or illustrations indicating the
architectural treatr�ent of all proposed buildings and strtzctures
2_ General f�oor ptans of all proposed buiIdings and struct�res;
3. Type of use, n�nber of employees, users or occupants expected,
�t. Type, location ar�d treatment of exte�or znechanical devises, s�xch
as vents, exhaust fans, air eonc3itioners and elevatars;
5. Type of exterior building materials;
6. Exter�or colors of all building coFnponents;
7. Outline specifications.
A�tachment
Ordinance 2008-003, 2008-004, and
Summar�es
March 31, 2008, City Council Mee�ing
City of Arden Hills Chapter 13 Zoning Code
CITY OF ARDEN HILLD
RAMSEY COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2008-003
AN ORDINANCE ADDING THE INTERIM USE PERMIT PROCESS TO THE C�TY'S
ZONING CODE
The Arden Hiils City Council hereby ordains thai Chapter 13, Section 1355, of the Arden
Hills Cify Code and its subdivisions are hereby amended and repealed to read as follows:
Section 1355 - Administration and Procedures
135SA1 �'z-ocedure for Public Hearings.
Subd.1 Actions Requiring Public Hearings. Reeiew of certain land use
procedures prescribed by this Zoning Code requires that a public hearing be held
prior to action by the City. These procedures include:
A. Amendments to ihe Zoning Code aregulations;
B. Rezoning of land from one district to another;
C. Conditional Use Pertnits for Condiiional Principal or Conditional
Accessory Uses;
D. Planned Unit Developments;
E. Comprehensive Plan Amendments;
F. Interim Use Permits.
Subd. 2 Actions Where Public Hearings May be Required. Review af certain land
use proced�res described herein, allow the City to hold public hearings whenever ii
determines that adjoining property owners or other residents should be advised oi a
specif c proposal. These procedures include:
A. Varia.nces
B. Site Plan Reviews
Section 1355 --- Administration and Procedures
Adopted: November 13, 2006
Page 1 of 14
City of Arden Hi11s Chapter 13 Zoning Code
Subd. 3 Notice of Public Hearing.
A. Published Notice. A z�otzce of the time, place and puzpose of �ublic
Hearing shali be published in the Official newspap�r at leas� ten (10) days
prior to the day of the Hearing.
B. Mailed Notice. Rezoning of land, Conditional Use Perrni#s, Interirn
Use Permits, and Planned Unit Developments, shall require mailed notice,
at least ten (10) days before the day of hearing, to each owner of property
situated wholly ar partially within tiiree hundred fifty (350) feet of t1�e
boundary of the Property on which the application requiring the Public
Hearing is situated. The applicant shall be responsible for providing an
accurate list of owners, p�ope�ty identification numbers, addresses and
phone numbers to the Zoning Administrator as certified by Ramsey
County or a title cozx�pany, printed on addz-ess labels. The City shall be
responsible for mailing the notices to the land owners.
C. Referral to Others. The administratar shall also refer copies of the
applicatzon aa�d required documentation in support thereof to other Ciiy
offcials who have an interest therein in accordance with the required
administrative distribution schedule.
D. Record of Notice. A copy of the notice and a list of the names and
addresses to which the notice was sent shall be attested to by the
administrator and sk�a11 be �xaade a part of the records of ihe proceedings.
E. Failure of Written Notiee. The failure to give mailed notice to
individual property owners shall not invalidate the proceedings, provided a
bona fide attempt �o comply with this subdivision has been made.
Subd. 4 Public Hearing by Planning Commission. Within sixty {60) days after the
date of receipt of the corz��leted application frozxi the landowner, by the zoning
administrator or the City Council's initiation af the proceedings, the Planning
Commission shall hold a public hearing and make a written report to the Council of
its findings, conclusions and recommendations, unless the Commission, upon wz-iitten
z-equest of the applicant, grants a time extension. The applicant or his representative
shall be given the opportunity to appear befare the Commission to answer questions
or give explanations regarding the proposal. The Commission xnay adjourn the public
hearing to its next meeting, either regular ar special, and may continue its study and
consideration of the application at meetings subsequent to the meeting at which the
public hearing was initzally held. Upon cozx�pletion of th.e public hearing and its study
and consic�eration of the application, the Commission shall submit its written report,
containing its findings, conclusions, and recammendations as to the application, to the
Council.
Section 1355 — Administration and Procedures
Adopted: November 13, 2006
Page2of14
City of Arden Hills Chapter 13 Zoning Code
Subd. S Additional Hearings by Council. The Council naay hold additional
hearings within thirty (30) days after the receipt of the report from the Commission.
If the Commission faiTs to rnake a report within sixty (60) days after receipt of the
application, then the Counczl shall hold a public hearing within �hirty (30) days after
the exp�ration of said sixty (60) day period, unless the Council, u�on receipt of a
written request from the applicant, grants an extension of time. Failure to receive a
report from the Cornmission, as herein provided, shall not invalidate the proceedings
or actians of the Council.
Subd. 6 Action by Council. The Council must take action on the application
wiihin sixty (6a} days following the report to it by the Commission or following a
hearing held by the Council. Council action may include approval, denial or referral
back to the Coirimission. Council action may include approval in whole ar in part,
tabling for a specified period of tirne, or referral back to the Commissian for its
furtkaer consideration and report to tne Council within a specified period of time not to
exceed sixty (60) days from the date of such referraL The appIicant shall be notified
in wri�ing of the Council's action.
1355.02 Procedure for Actions Not Requiring Public Hearings.
Requests for Variances and Site Plan Reviews do not require that a public h�aring be held but the
Plant�ing Comrrtission may detertnine that adjoining property owners should be anvited to their
meeting to offer responses ta the application, prior to action by the City.
Subd. 1 Placing Request on Planning Coznmission Agenda. Within sixty (b0} days
a$er the date of receipt of the application, the Zoning Administratoz shall place the
request on the Planning Cornrnission Agenda.
Subd. 2 Referral fo Others. The administrator shall also refer copies of tne
application and required documentation in support thereof to other City officials who
have an interest therein in accordance with the required administrative distribution
schedule.
Subd. 3 Planning Commission Consideration. The applicant ar his representative
shall be given the opportunity to appear before the Commissian to answer questions
or give explanations regarding the proposal. The Commission znay adjourn the
discussian to its next zneeting, either regulax or special, and may continue its shidy
and consideration af the application at meetings subsequent to the meeting at which
the initial discussion occurred. Upon compie�ion of its study and consideration of the
application, the Cornmission sha11 submit its written report, containing its finding,
conclusions, and recommendations to the CounciI and shall be placed on the next
Council agenda after the application k�as been considered by the Commission. At
such meeting the Council shail considez- the report of the Commission thereon.
�ection 1355 — Administration and Pracedures
Adopted: November 13, 2006
Page 3 of 14
City of Arden Hills Chapter 13 Zoning Code
i355.03
Subd.4 Council Consideration. Yn considering applications, the Council shall
cons�der th� advice and recommendations of the Cornrnission and may approve the
requ�st if it determines that the request is permissible in accordance with the city
standards. Such applications may be denied by action of the Co�ncii, ar�d such action
shall constitute a finding and determination that the conciitions required for approval
do nat exist.
Subd.S Action by CounciL The Council z�ust take ac�ion on the application
within sixty {60) days following the report to it by the Commission or following a
hearing (option.al) held by the Council. Council action rnay include approva�, denial
or referral back to the Co�mission.
Application Requirements For Ali Land Use Procedures.
Subd. 1 Application. The applicant for City review o� any land use procedure
requiring action by the Planning Commission and City Council shall fill out and
submit to the zoning admi�zstrator, the completed application form, and all required
documentation.
Subd. 2 Documentation. Forms describing the required doc�nentation for each
procedure required hexein are included as Appendix A, Procedure Manual and are
available from fihe zoning adminisirator.
1355.04 Procedural Requirements for Specific Applications.
Subd. 1
Subd. 2
Zoning Code Amendment.
A. Public Hearing. A public hearing is required hefore action by the
Council.
B. Action to Approve. A 4/5 vote of the full Council zs required for
action to amend the Zoning Code. Tn the event an application for
amendment is approved, an appropriate amending ordinance shall be
e�ecuted and published.
Rezonings.
A. Consistency with Comprel�ensive P�an. If a proposed rezoning is not
consistent wiih the Arden Hills Comprehensive Plan the applicant shall
apply for a Comprehensive Plan Amendment concurrently with the
application for rezoning. Writien and graphic documentation shall be
provided by the applicant, showing why the proposed amendment is
superior to the existing Plan and changes that have occunred that rnake the
Amendment appropriate.
Section 1355 — Administration and Procedures
Adopted: November 13, 2006
Page4of14
City of Arden Hills Chapter 13 Zoning Code
B. Public Hearing. A public hearing is xequzred for a Comprehensive
Plan Amendment and for the rezoning.
C. Action to Approve. A 4/5 vote of the full Council is required for action
to rezone property from one dist�ict to another and for a Comprehensive
Plan Amendment. In the event an application to rezone is approved, an
appropriate arnending ordinance shall be executed and pubiished.
Rezoning amendments shall describe �he property rezoned by its legal
description, and shall be indicated on the ofiicial zoning map, but it shall
not be necessa�ry to re-publish said zoning map to effectuate the rezoning
amendment.
D. Business and Industrial Disirict Rezoning. Before any new area is
rezoned to a business or indust�ial classification, the property must be
located adj acent to an arterial or collector road as shown on the
Comprehensive Development Plan, or the rezoning wzll be an extension af
an existing b�zsiness or industrial disfrict and in conforn�ance with the
intent of the Comprehensive Plan.
Subd. 3 Conditional Use Permits.
E. �ublic Hearing. A public hearing is required.
F. Action to Approve. Action to approve a conditional use permit
requires a majority vote of the full Council and must include a
determination that the facfis and circumstances of the particular case
warrant granting the permit. The Council sha11 consider the factual
findings, conclusions and recommendations of the Planning Commission,
as contained in its report, and both shall consider the effect of the
proposed use upon �he healtl�, safety, convenience and general wel�are of
the owners and occupants of surrounding land, in particular, and the
community as a whole, in generai, including but not limited to the
following factors: existing and anticipaied tz-affic and parking conditions;
noise, glare, odors, vibration, smoke, dust, air pollution, heat, liquid or
solid waste, and other nuisance characteristics; drainage; population
clensity; visual and land use compatibility with uses and structures on
surrounding land; adjoining land values; park dedications where
applicable, aa�d the orclerly development of the neighborhood and the city
within the general purpos� and inte�t of this Zoning Code and the
Comprehensive De�relopment Plan for the City.
G. Imposition of Condifions. Iri the granting of a conditional use permit,
the Council may impose such conditions, in addition to the general
canditions and requirements of this Code to which every conditional use
permzt shall be subject, as it deems necessary to serve and protect the
health, safety, convenience and general welfare of the community. Such
Section 1355 — Administration and Procedures
Adopted: November 13, 2006
Page 5 oi 14
_ _ _
City of Arden Hills Chapter 13 Zoning Code
conditions may include, a.mong othex tl�ings, a time limit within which the
conditional use ar a portion thereof, or improvements in connection
therewith are to be established, constructed, co�z�pleted or commenced,
and a rEquirement tl�at the person or iirm to whom the conditional use
permit has been granted deposit with the City either cash or a performance
bond in a sum equal to one hundred twenty five (125} perceni of the
estimated cost, as determined by the City Engineer, of improvements to be
constructed in accordance with the permit to insure completian thereof
within t1�e time limit specified in the permit. The conditions so imposed
by the Council shal� be specifically stated in the permit and maybe subject
io periodic review as determined by the Council. The violation of any
special ar general condition set forth in a conditional use permit shall
canstitute a violation of this Code.
H. Permit for Particular Site. A conditional use permit is granted for a
specific use at a specific site, not for a person or f rm.
I. Designaied Uses. Uses for which conditional use permits are required
anc� the zoning districts in which they are allowed are designated in the
land use chart as set forth in Section 1320 hereof. No buildi�g permit
shall be issued for any use in a zoz�ing district which requires the issuance
o� a conditional use permit before i# can be located in the particular
district, until after the conditional use permit has been granted by the
Council.
7. Discontinuance of a Conditional Use. Jf the use for which any
conditional use permit has been granted has ceased or has been
discontinued far a period of nineiy (90) consecuti�e days, the pe�tnit shall
auiomatically expire and become void at the end o� such ninety-day
period.
Subd.4 Variances.
A. �ublic Hearing. A public hearing is not required but neighboring
property owners shall be natified.
B. Action to Approve. A majority vote of the Council is required for
action to grant a variance.
C. rn�ent and Purpose. Variances from the literal provisions of the
Zoning Code may be granted in instances where the strict enforcement
wauld cause undue hardship because of circurnstances unique to tl�e
individual property undez- consideration. Variances shall only be granted
when ii is demonstrated that such actions will be in keeping with the spi�it
and intent of the Code. "Undue hardship," as used in connection vaith the
granting of a variance, means ihe property in question cannot be put to a
Section 1355 — Administration and Procedures
Adopted: Noveznber 13, 2a0b
�age6of14
City of Arden Hills Chapter 13 Zoning Code
reaso�able use under conditions permitted �iy the Zoning Code, the plight
of the landowner is due to circumstances unique to the property not
created by the Iandowner, and the variance, i� gxanted, will not alter ihe
essential character of the locality. Economic considerations alone shall
not constitute an undue hardship if reasonable use for the property exists
undez the terms of the Code.
D. Variance Rest�-ictions. In no case shall the granting of a variance
impair the health, safety, comfort and general welfare of the public, nor
will ii be contrary to the intent and purpose of the Comprehensive Plan,
the official map, or this or any other ordinance of the City. Variances to
allow a use that is not permitted in ihe district shall not be g�-anted.
E. Allowable Variances. Variances normally relate to the dimensional
provisions of the ordinances such as, but not limited to, building seiback
lines, lot area rec�uirements and the like but may also relate to other
requirements, regulatians or procedures.
F. Conditions to Insure Compliance. The Council may impose conditians
in. the g,ranting of variances to insure compliance and to protect adjacent
praperties as well as the health, safeiy, comfort, and general welfare of the
public.
G. Height Variances. Variance to height of structure may be granted in
accordance wiih Chapter 1325.03 Subd 3.
Subd. 5 Site Plan Review.
A. Public Hearing. A public hearing is not required but neighboring
pz-operty owners may be notified.
B. Action to Approve. A ma�ority voie of the Councii is required for
approval of a site plan.
C. Building Permit. The issuance of a permit for a new building or
significant site modification for a permitted or established use within a
M�ltiple Dwelling Zoning District or any business or indust�iai zoning
dist�.ct shall require site plan approval by the City accordi�g to the
procedure defined in Chapter 1355.04.
Subd. 6 Planned Unit Development (PUD).
A. Two or Three Stage Process. The PUD application and review
procedure involves a Concept Plan (optional), a Master Plan Stage and a
k'inal Plaz� Stage.
Sectzon 1355 — Administration and Procedures
Adopted: Noveznber 13, 2046
Page7of14
City of Arden Hills Chapte�r 13 Zoning Code
B. Public Hearing. A public hearing i� required at the Master Plan Stage.
The public hearing may be combined with the public hearing �'ar a zoning
district change if a zoning district change is required and for a prelxminary
plat if a preli�aninary plat of the PUD property is proposed.
C. Action to Approve. A 4/5 vate of the fizll Cottncil is required for
approval of the Master P1an.
D. Effect of Concept Alan Revier�v. The applicant for a PUD Concept
Plan which has been reviewed by the Council has no limitation on the
period of time in which to apply for Master Plan approval.
E, Effect of PUD Master Plan Approval. The applicant for a PUD Master
P1an which has been approved by the Council shall apply far a�UD �inal
Plan or the first stage o� the Master Plan within six (6) xnonths, unless
some other phasing plan has been approved by the Council ar unless a
written request for a time extension has been approved by the Council.
F. Final P1an. The applicant shall submit a Final Plan for all �lements of
the Master Plan that are to be developed izn�xninently. A PUD �inal �lan
shall be submitted for each stage of development/construction.
G. Final Plan Procedure. The Site Plan Review pzocess in Appendix A,
Procedure Ma,nual, and the Site Plan Review proceduxe in Chapter
1355.04 Subd 5 shall be followed.
Subd. 7 Intearim Use Permiis.
A. Purpose and Intent. The purpose and intent of allowing interim uses
is:
1. To allow a use #hat is presently accepiable, but that with
anticipated development or redevelopment, will not be accepYable in
the filture or will be replaced by a permitted or conditional use allowed
within the respective zoning distr�ct.
2. To allow a use which is reflective af anticipated Iong range change
to an area and which is in compliance with the Comprehensive Plan
provided that said use maintai.ns harmony and compatibility with
surrounding uses and is in keeping wit� the architectural character and
design standards of existing uses and dev�iopment.
B. Public Hearing. A public keariing zs required.
Section 1355 —Administration and Parocedures
Adopied: November 13, 2006
Page 8 of 14
CiEy of Arden Hills Cha�ter 13 Zoning Code
C. Action to Approve. Action to approve an interim use permit requires a
majority vote of the full Council and must include a determination tk�at the
facts ax�d cixcumstances of the particular case warrant gran#ing the permit.
D. Permit Evaluaiion. When reviewing the interim use permit
application, the Cou�cil shall consider the factual findings, ability to ineet
the special requirements of the intenizxi use, and the conclusions and
recomrnendations of the Planning Commission. An interim use permit
may be granted only i�the City Council finds the following:
1. The use is allowed as an in�erz� us� in the underl�ing zoning
district and conforms io ihe zoning regulations;
2. Permission oithe interim use will not impose additional costs on
the public if it is necessary for the public to take the property in the
future;
3. The use will not adversely impact nearby properties through
nuisance, noise, dust, glare, or unsightliness, and will not otherwise
adversely irnpact the health, safeiy, and welfare of the community;
4. The use will not adversely impact traffic and parking;
S. The use will not adversely impact implementation o f the
Cornprehensive Plan;
6. The date or event that will terminate the use is identified with
certainty;
7. The applicant has signed a consent agreement agreeing that the
applicaz�t, owner, operator, tenant, and/or user has no entitlement ta an
extension of the Interim Use Permit;
8. The user agrees to all conditions that the City Council deems
appropriate for permission of the use including the requirement of
appropriate financial surety to cover �e cost of removing the interim
use and any interim structures upon expiration of the interim use
permit;
9. There are no delinquent praperty taxes, special assessments,
interest, or City utility fees due upon the subj ect parcel;
10. The term oithe interim use does not exceed three (3} years;
11. The property has not been a recipient of a previous interim use
permit. A property that k�as received an interim use perrnit for an
Section 1355 — Administration and Procedures
Adopied: November 13, 2006
Page 9 of 14
City of Ardeu Hills Chapter 13 Zoning Code
inierim use listed in 1320.Q5, Land Use Chart, shall not be eligible for
another interim use permit of the same use; and,
12. Any special requir�ments in �ection 1320 for a particular interim
use are met.
E. linposition of Conditions. In the granting of an intez�ixn use permit, the
Council may impose such conditions, in addition io the general conditions
and requirements of this Code to which every interim use permit shall be
subject, as it deems necessary to serve and proiect the health, safety,
canvenience and general welfare of the community.
�'. 1'ermit for Particular Site. An interim use permit is granted for a
specific use at a specific site, not far a person or �rm.
G. Designated Uses. Uses far which an interim use permits are rec�uired
and the zoning districts in which they are allowed are designated in the
Iand use chart as set forth in Seciion 1320 hereof. No building permit
shall be issued far an interim use until after the interim use pern�it has
been granted by the Council.
H. Termination. An inierim use shall terminate on the occurrence af any
of the fol�owing events, whichever occurs first:
L The date stated on the permi�;
2. Upon violation of canditions under which the permit was issued;
3. Upon change in the City's zoning regulations which renders the
use nonconforming;
4. The redevelopment af the use and property upon whrch it is
located �o a permitted or conditional use as allowed within �he
underlying zaning district;
5. If the use �or which the interim use permit has been granted has
ceased ar has been discontinued for a period of ninety (9Q) consecutive
days, tkae permit sha11 automatically expire and become void at the end
of such ninety-day period.
Z. Suspension and Revocation. The City Council may suspend or revoke
ax� interim use permit upon �inding ihat the activities aliowed under the
permit adversely affect the public health, safety, or welfare in ways not
anticipated during approval of the permit. A suspension or revocation of
an interim use permit shall be preceded by wxitten notice to the permittee
and a hearing. The notice shall provide at least ten (10) days notice of the
Section 1355 — Administration and Procedures
Adopted: November 13, 2Q06
Page 10 of 14
City oiArden Hills Chapter 13 Zoning Code
time and place of the hea�ng ax�.d shall state the nature of ihe violation{s).
The notice shall be mailed to the permittee at the most address listed on
the application.
1355.05 City Action on Applications for Zoning Code Amendrnents, Rezoning, Conditional
Use Permits, Interim Use Permits, Planned Unit Developments, Site Pians, and Variances.
Subd. 4 Action by the Council. Within sixty (60) days following the date of the
receipt of the Commission's report, the Council shall act upon the application. The
Council, may only upon written request by the applicant, extend its time far
consideration and action. Nothing in this paragraph shall �rohibit the Council from
holding additional hearings as it deems necessary within the sixty day per�od
following the receipt of the report of the Commission. In considering applications for
Zoning Code amendments, rezoning, special use permits, planned unit developments,
site plans and variances, the Council shall consider the advice and recommendatio�s
of the Commission and may grant the request if it determines that the action is
permissible in accordance vvith the applicable standards. Req�xests may be denied by
motion of the Council, and such motion shall constitute a fndi�g and determination
that the conditions required far approval do not exist.
Subd. 5 Optional Actions. Council action may include a�pz-oval in whoie or in part,
denial in whole ar in part, tabling for a specified period of time, or referral back to the
Commission for its further consideration and report to the Council within a specified
time periad not to exceed sixty (60) days from the date of such re%rral. The
applicant shall be notified in writing of the Council's action.
Subd. 6 Denial o� Application. Tn the event the Council denies in whole or in part
the application, if shall furnish the applicant with a writien document advising him of
the denial and specifying the factual basis and reasaning upon which the denial was
predicated. The application may be denied for reasons relating to public health,
safety and general welfare or because of incompatibility between the proposed use
and the City's Comprehensive Plan.
Subd.7 Resubmission of Denied Application. No application vcrhich has been
denied wholly or in part shall be resubmitted for a period o� six (6} months from the
date of said order of denial.
1355.06 Conditions for Approval of Conditional Use Permits, Interim Use Permits, Planned
Unit Developments, Site Plans, and Variances.
Section 1355 — Administration and Procedures
Adopted: November J 3, 2006
Page l I of 14
City of Arden Hills Chapter 13 Zoning Code
Subd. 1 Com.nnencement and Conclusion of Work. It is contemplated that any work
involved or required by an approved application will be commenced within one (1)
year after such appzoval az�.d conclude wiihin one year of �he issuance of a building
permit or commencement of wark if a building permit was not required. This
requirernent is not intended to limit the authority af the Council with respect to
irnposition of other or difFerent time limitations if deemed proper in the particular
case.
Subd. 2 Inspection. It shall be the responsibility of the administrator ta check on
these time limitations or a�y other limitations contained in the approval and advise
the Council of any breach thereo£ Breach of the Iimitations, whether contair�ed
herein or specifically contained in the action itself, shall be grounds for canceling the
approval.
Subd. 3 Expiration. Approval shall automatically expire and become void one (1)
year from and after the date on which the Council granted such approval if the
building permit oz other approved improvements have not been issued a permit by the
building inspector. The Council may extend the e�piration date of such approval
upon written application by the person to whom fihe approval was granted. If the use
for which any conditional or interim use permit has been granted has ceased or has
been discontinued for a period of ninety (90) consecutive days, the permit shall
automatically expire and become void at the end o£ such ninety-day period unless
rein5tated by the Council.
Subd. 4 Amendrnents of Site Plans, Conditional Use Permits, Iriterirr� Use Permit, or
Planned Unit Developments. An application for amendment sha11 be administered in
the same manner as required for a new application. Such applications shall include
re-applications far permits that have be�n denied, revoked, or have expired; renewal
or temporary permits; requests for changes in conditions; and such other instances as
are provided in this Code. Any struchual alteration, enlargement or intensification
change in sit� p1an, or similar ck�aa�ge not specially permitted, shall require City action
and aIl procedures shall apply as if a new applicatian were being reqizested; provided,
however, that when such changes are deemed to be insignificant by the zoning
administrator, the requirements of a public hearing may be waived.
Subd. 5 Periodic Review. A periodic review of the permit and its conditions shall be
maintained. A violation of any condition set forth in the permit shall be a violation of
thzs Code, and shall be cause for revocation of the permit. In the event that the
Council proposes to Counczl or revoke a permit, the Council shall cause wri�tten
notice thereof to be given to ihe occupier, and owner shall have an opportunity ta be
heard, but nat further notice need be given.
Subd. 6 Administra�ive Recards. The zoning administrator shall maintain a record
of all approved, stamped and dated plans and permits issued, including information
on the use, location, conditions imposed, time lizx�its, review dates, and such other
Section 1355 — Administration and Procedures
Adopted: November 13, 200b
Page 12 of 14
City of Arden Hills Chapter 13 Zoning Code
information as may be appropriate. Plans shall be signed by #he Council Liaison to
the Planning Commission and the Planning Commission Chairman. It shall be the
responsibility of the administrator to place on the Pianning Commission agenda and
notify the Council o� any expiring tirne limit, prior to expiration andlor violation of
ariy approved applications.
1355A7 Appeals to Administrative Decisians.
Subd. 1 Appeals. The Planning Cornmission shall hear any appeals where it is
alleged that there is an error in any order, requirements, decision or determination
made by an administrative officer in the interpretation, application, and/or
enforcement of this Code and shall report its findings and recommendations to the
City Council for action.
Subd. 2 Effect of Determinations. The �ndings and determinations made by the
Planning Commission sha11 be advisory or�ly and shall have no binding effect. The
Council shall take such action on the findings and xecommendations of the Plan�ing
Cornzx�ission as it deems proper in the circumstar�ces.
Section 1355 — Administration and Pracedures
Adopted: November 13, 2006
Page 13 of 14
City of Arden Hills Chapter 13 Zoning Code
TN�e Arden Hills City Councii further directs fihat a copy of this Ordinance wk�ich
highlights the changes to Chapter 13. Section 1355, aud a version of Chapter 13, Section
1355 as amended a�nd repealed, be attack�ed to this Ordinance and maintained in the book
of Ordinances for t�e Ci�y of Arden Hills.
ADOPTION DATE: Passed by fihe Arden Hills City Council on t�e 31t�' day of March,
Zoas.
EFFECTIVE DATE: This Ordinance shall be effectzve the day folIowing its publication.
Da�ed: _ , 200$
Stanley D. Harpstead, Mayor
ATTEST:
James Willis, Interim City Administrator
PUBLICATY�N DATE: PublAshed on the 9th day of April, 2008
�ection 1355 — Administration and Procedures
Adopted: November 13, 2006
Page 14 of 14
CITY OF ARDEN HILLS
COUNTY OF RAMSEY
�TATE 4F MINNESOTA
SUMMARY OF ORDINANCE NO. 200$-003
On the 3151 day of March, 2008, the Arden Hi�ls City Council adopted Ordinance No.
2008-003, and by at ]east four/fifths affirmative votes pursuant to Mir�. Stat. §412.191, Subd. 4,
directed that a summary of Ordinance 2008-003 be published.
Cnapter 13, Section 13SS, and its subc�ivisions are collecEively known as, Ordinartce
2008-003, entitled "Administra�ion and Procedures." The primary pur�ose of t�e ar�endme�t is
to add the Interim Use Permit process to the Zoning Code, and identify criteria to evaluate
requests for interim uses.
A f�ll eopy of Ordinance 2008-003 is avaiiable for inspection by any person during
regular business ho�rs at the o�ice of the City Administrator, 1245 West Highway 96, Arden
Hi1ls, Minnesota 55112. The Ordinance is also availa�rle online at http://www.ci.arden-
hills.mn.�s.
City of Arden Hills Chapterl3 Zoning Code
CITY 4F ARDEN HILLD
RAMSEY COUNTY
STATE OF MINNESOTA
ORDINANCE NO. 2d08-004
AN ORDINANCE ADDING INSTITUTIONAL HOUSING AS AN INTERIM USE IN
T�IE B-2 DISTRICT
The Arden Hills City Council herebp ordains that Chapter 13, Section 1320.05, Land use
Chart is hereby amended, and Section 1320.085, Subd. 4 and Subd. 11 of ihe Arden Hills
City Code are hereby added and read as fallows:
Section 1320.085 — Special Requirements for the B-2 General Business District
Sabd. 4. Interim uses (as specified in the Land Use Chart, Section 1320.OS, for the
B-2 District) require an appraved interim use permit priar to issuance of an
occupancy or building permit. Modifying a building or site as listed in 5ection
132Q.085 Subd 1.A.1-7 shall also require a conditional use permit and site plan
T'EV1�W.
Subd. l.l Institutional Housing. Pending completion of the City's B-2 Zoning
District Planning Study, an existing hote�-motel use may be used for instiitutional
housing upon approval of an Int�rim Use Permit provided that all of tlae following
requirements are met:
A. Conformance with Section 1355.04 Subd 7 af the Zoning Cod�;
B. The building to be used for institutional housing meets applicable
building and fire codes as determined by the Fire Marshal and Building
Official;
C. Eack� room that has occupants on an overnight basis shall have
bathrooin facilities within the roorn;
D. The capacity of the building shall not be exceeded;
E. The insti#utional housing shall only be used for student ar�aculty
housing. Rest homes, hospitals, sanatorium, nursing home, convalescent
homes, and ozpl�an homes s�all not be permitted.
March 31., 2008
City of Arden Hills Chapterl.3 Zoning Code
F. A regularly scheduled shuttle shall be provided to and from the college
or carnpus for which ihe institutional housing is being used;
March 31, 2008
_ _ __ _
City of Arden Hills Ghapterl3 Zoning Code
The Arden Hills City Council further directs that a copy of this Ordinance w�ich
highlights the changes to Chapter 13, Section 1320, and a version oi Chapter 13, Section
1320 as amended, be attached to this Ordinance and maintained in the book of Ordinances
for the Gity of Arden Hitls.
ADOPTION DATE: Passed by tl�e Arden Hills City Couucil an the 31t'` day of March,
2008.
EFFECTIVE DATE: T�is Ordinance shall be effective the day following its publication.
Dated: , 2008
Stan�ey D. Harpstead, Mayor
ATTEST:
James Willis, Interim City Adminzstrator
PUELICATION DATE: Published on t�e 9th day of April, 2008
March 31, 20d8
CITY OF ARDEN HYLLS
COUNTY OF RAMSEY
STAT� OF MINNESOTA
SUMMARY OF ORDINANCE N�. 2U0$-004
On the 315` day of March, 2008, the Arden HiIls City Co�nci� adopted Ordinance No.
2008-004, and by at least four/fifths affirmative votes pursuant to Minn. Stat. �412_191, Subd. 4,
directed that a stiur�rriary of Ordinance 2008-004 be publishec�.
Chapter 13, Section 1320.05, and Section 1320.085, Subd. 4 and Subd. I I are
collectively known as, Ordinance 2008-004. The prirnary purpose of the amendment is to add
Institutional Housing as an Interirr� Use in tYte B-2 District to the Zoning Code, and to identify
special requirements for the evaluation of requests for these types of interim uses.
A full copy of Ordinance 200$-004 is available for inspeckion by any persor� during
regular �iusiness hours at the of�ce oftt�e City Administrator, 1245 West Hig�way 96, Arden
Hilis, Minnesota 551 I2. The Ordinance is also available on�ine at http://www.ci.arden-
hills_mn.us.
Attachment
Report to the Planning Commission
From March 5, 2008.
Avazlable onlzne at:
http:/ I www.ci.arden-hills.mn.us I plannin�cases
March 31, 2008, City Council Meeting