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HomeMy WebLinkAbout7A, Amend Sections 1305.04 and 1320 in the Zoning CodeT , , 1 �, � � ��M� EN �iII,LS Request for Councii .A.ction Prepared By: Meagan Beekman, City Planner Council Meeting Date: January ] 0, 2Q l l Amend Sectians 1305.04 and 1320 in the Zaning Code Budgeted Arnount: Actual Amount; �'unding 5aurce: NtA NIA N!A Recornmendation: 1. Approve C?rdinance 201I-002 in Plarining Case 10-OI1 Amending Sectians i305A4 and 1320 af the CiEy's Zoning Code as presented in the January 10, 2410, Report to the Gity Council, and to publish a summary of Qrdinance 2011-Q02. Suaportine Documentst 1, Merno dated January 1Q, 2017, from Meagan Beekman, 2. Decernber 8; 2010, Ptanning Commission Minutes. 3. Section i 305.04, Defmitians - Black-lined version. 4. Excerpts frorn Section I320, Dist.rrict Provisions — BIack-lined version. 5. Proposed Section 1320.U5, Land Use Chart and Section I324.t}6, District Requirements. 6. Ordinance 2011-fl42 and Publication S�mmary. � . � � ���� -��HILLS MEMORANDUM DATE: January 1 U, 2011 TO: Honorable Mayor and City Councilmembers Patrick Klaers, City Administratar FROM: Meagan Beekrnan, City Planner SUBJECT: Planning Case #10-411 Applicant: City of Arden Hills Request: Amend Sections 1305.04 and 1320 of the Zoning Code Back�raund In Jw�e 20]0, the City approved additions to the Zaning Code that pertained to that portian of the Twin Cities Army Ammunition Plant (TCAAP) that is anticipated to be sold far redevelopment. The purpose af the Zoning Code additions was to lay out a process by which a future developer � would work with the City to obtain approval for a master plan, and each subsequent future phase of development on the property. The new regulations included a detailed Planned Unit Development (PUD) process that was based on an updated version of the City's existing PUD Overlay District process. The City also rezoned the property to two new zoning districts, Mixed Residential and Mixed Business, which correspand with the future land use designations in the City's Comprehensive Plan. As part of the rezaning, Staff developed an updated land use chart that pertained only to the TCAAP property zoning districts and was not incorporated into the City's other districts. Because nat all of the land uses identified in the new land use chart had definitions in the existing Zaning Code, several new definitions were added. Other land use classifications that were included in the TCAAP iand use chart aIready existed in the Gode, but were brought up to date ar clarif ed. Through the process of drafting the new zaning regulations for the TCAAP property a number of opportunities for improvements within other sectians of the Code, and far other districts within the City, became evident. Because the focus of tne TCAAP zaning regulatian pracess was only the TCA.AP property, changes that would affect other areas of the City were not made. It was determined that once the TCAAP regulations were finalized and in place, Staff' would begin working on incorporating the updates into the rest of the Code. � City of Arden Hills City Council Meering for.lanuary I0, 21�11 Page ] of 4 Staff has been working on incorporating the changes made to the Code in regards to the TCAAP property into other aspects of the Zoning Code. The process affects four different sections of the � Code. • Section 1305.04, Definitions — New and updated definitions created for the TCAAP land use designations would be used to replace outdated definitions in the existing Code that pertain to the City's other Zoning Districts. • Section 132Q.05, Land Use Chart — When the TCAAP land use chart was added, it was added as a stand-alone section within the Code. Staff is proposing to consolidate the two charts, which would require the modifications of some of the existing land use designations currently listed for the City's other Zoning Districts. • Section 1320.06, District Requirernents — Similar to the TCAAP land use chart, the district requirements section was added as a stand-alone section. This would be added to the existing district requirements chart in the Code. This modification would have no impact on the existing district requirements for the City's other Zoning Districts. • Section 1320.14, Planned Unit Development Overiay District — This Section describes the City's existing PUD process that is used for all districts in the City with the exception of the Mixed Business and Mixed Residential Districts on TCAAP. This Section would be updated to match the recently adopted TCAAP PUD process, so that the PUD process is consistent throughout the City. Discussion Updating the district requirements chart (Attachment D) and the PUD process (Attachment C) is straightforward, and has minimal impact on the City's other Zoning Districts. Similarly, the definitions section of the Code (Attachment B) has been revised to remove erroneous definitions, the language of old defnitions updated, and incorporated new definitions that were written for the TCAAP property. Consolidating the land use charts however has proven to be a more compIicated task. Because the TCAAP land use chart includes new la.nd use classifications and eliminates out-dated land uses, the City's existing land use chart requires significant modification in order to make it possible to combine the two. Staff has prepared a proposed Land Use Chart (Attachment D) based on previous discussions with the City Councii, Planning Commission, and the City's legal counsel regarding land uses during the TCAAP zoning process. The designated land uses identified in the chart have been modified to match those that were adopted for the TCAAP property. The modified land uses, and their definitions within Section 1305.04, were previously approved by the Planning Commission and City Council for TCAAP and are not under review as part of this update. Rather, the classifications for each of those land uses within the City's other Zoning Districts outside of TCAAP are the focus of this revision. For example, because the definition for City of Arden Hills City Council Meeting for January 10, 2011 i � Page 2 of 4 � Institutionai Housing was removed from the Cade, and replaced with distinct definitions for the various types of institutionai housing, the classification for hospital uses, ntusing hames, and � student housing facilities as a canditianal, permitted, or prohibited use in each Zon�ng District was added to the land use chart. Notable Revisrons to the Land Use Chart In the attached chart, items that have been underlined are new language; items that have been struck would be deleted. The following list indicates notable changes to the Land Use Chart: • The B-I Distriet — This district c4nsists entirely of Bethel University. This district was updated i� order to apprapriately reflect the current and future use Qf the District as a university. Houses of worship — The land use classifications were updated ta reflect the City's recent discussions regarding this type of land use with aur Iegal caunsel during the TCAAP zonxng process. Daycare and Residential Facilities — As discussed during the TCAAP zoning update process the definitions for farnily daycare, daycare facility, and residential care facilities were updated to reflect current State Statutes and to clarify their differences in the City's Zoning Code. As the definitions were altered, the land use classificatians far these uses in each Zaning District also had to be revised � • Institutional Housing — As discussed previo�zsly, the definition for institutional housing was rernaved from the Code and replaced with three new def nitions for residenee halls, nursing homes and assisted living, and hospitais. Because these latld use designations were added to the Land Use Chart, the land use classif cations far the uses withan �ach. district had to be created. Recommendation The Planning Cornmission reviewed this planning case at their I?ecember 6, 2010, meeting and unanimously recammends approval ofPlanning Case 1Q-011 Amending Sections I34S.04 and I 320 of the City's Zaning Code as Presented in the December $, 2l?1 Q, Planning Case Repc>rt. Requested Action Motion to Approve Ordinance 2011-002 in Planning Case 14-411 Amending Sections 1305.04 and 1320 of the City's Zaning Cade as presented in the 3anuacy 10, 241 Q, Report to the City Council, and ta publish a summary of Ordinance 2011-Q02. �City of�irden Hills Crty Cauncil Meeting for .Ianuary 10, 201 I Page 3 of 4 Deadline for A�encv Actions There is no review deadline for this planning case. Attachments A. December 8, 2Q10, Planning Commission Minutes. B. Section 1305.04, Definitions — Black-lined version. C. Excerpts from Section 1320, District Provisions — Black-lined version. D. Proposed Section 1320.05, Land Use Chart and Section 1320.06, District Requirements. E. Ordinance 2011-042 and Publication Summary. City of Arden Hills City Council Meeting for January 10, 2011 i u � Page 4 of 4 f � � Attachment De�emb�r 8, 2010, Planning Gornmissian Ii/Iinutes The Planning Commission voted unanimously to apprave the application. �� ,'�- �EN HiLLS �ity of Ardert Hills City �ounci7 Meeting for .lanuary 10, 2al 1 f . � t � TIRAFT December 8, 2Q10, Planning Commissioner Minutes Pianning Case 10-411; Zoning Code Amendment — Fublic Hearing City Planner Beekman stated this planning case was to amend Sections 1305 and 132Q c�f the Zoning Code to reconcile the recently adopted TCAAP zoning regulations with the regulations that pertain to the rest of the City. Staff is proposing to update the City's Land Use Chart, Planned Unit Developrnent Pracess, and Definitions sectians of the Zoning Code to align with the TCAAP regulations. She outlir�ed the changes propased in Sectian 13QS.Q4, Section �305.05, Section 1320.14, Sectian 1320.46, and Section 1320.45. Chair Larson opened the floor to Commission questions. Commissioner Holewa asked what the difference is in the Zoning for Northwestern College and Bethel University. City Planner $eekman explained Northwestern College is zoned R1 and operates under a PUD and Bethel University operates under a�UF. Bethel University is mare closely bound by the City Codes. 1"he twa lacations were zoned several years aga and the exact reasons for this could not be determined. Chair Larson stated in Attachment B, page 1 of 55, �ection 1324.02, the MR and MB � Districts are not mentioned. He asked if this was an oversight. City Planner Beekman explained this had been an oversight and these two Districts should be mentioned in this section. Chair Larson opened the public hearing at 6:47 p.m. There being no public input Chair Larson closed the publzc hearing at 6:48 p.m. Cammissioner Holewa moved, seconded bv Commissianer Reiff to Approve Plannin� Case 10-011 Amendin� Sections 13QS.Q4 and 1324 Qf the Citv's Zonin� Code as Presented in the Decernber 8, 2014, Planning Case Re�art. The motion carried unanimauslY (6-0). � � Attachment Section 1�o�.oq., Definitions — Bla�k-lined �Tersian � � ����� of�4rden I�itls Counci7 Meezing for .Tanuary I0, 207I . _......._. �����II , ,.:;t� � �� . . . . . ... . . . � . .'` � Y ,. ' . .. . City of Arden Hitis Chapter 13 Ztining Code Se+�tian 1305 - Ru�es, Sc�peY ��terpret�tion, &_Definitions ��� �� �� � � � 1305,41 Rules of Construciidn. The la�g�age set forth in the text af #bis Code sh�I be inte�preted in accordan�e with the f41}owi�g niles of consiructian. Subd: l The singular number includes the plural and the plurai includes : the " sing�tiar. Subd.2 The present tense includes the past and future tenses and the future inclucies the present. Subd. 3 The word "shall" is mandatory while the word "may`� is permissive. Subd. 4 Tlie masculine gender includes the f��ninine and neuter, :;;s<' S�bc1. 5 A11 measured distanees expresse� s��:be to the nearest tenth of a foot and .: : . :: tis metric equivalent. ::; Subd. fi The word "lot" shall i � Subd. 7 The words „used for" � for", ,"intended fc�r", "imprvved fo 1305,02 Seope. From and after structure, builcling or p4rtian of a relocated, and every use accesso�::� the provisions of this Code. �iy e the regulaEions herei� prescrib��hi �ds "plot"_ "piece" and "parcel" of iand. the phrases "arran�ed for", "designed d for" and "occupied for". �-:�:_;,: ��.�date of this Cade; €he use flf ali land and every erected; altered with respect to area, added to or the City of Arden Hi11s; shall be in conformity wiih �ucture and any use af land not in canfc�rmity with rdeci as noneQnforming uses or st�ctures. This Code does not abrogate any ease�nent, covenant or any ather private agreement where such is legally enfarceable; provided that where the regulations of this Code are more restr�ctive (c�r impose hig}�er standards ar requiremer�ts) than such easements, cc�venants or other private agreernents, the requirements of this Cade shall govern. � 13Q5.03 Interpretation. In interpreting and applying ihe provisior� of'this Cocte, they shall be held to be the minimum requiremerzts far the promotion of the pubiic health. safety? convenienee and general welfare. Where the pravisians af this Code impase greater restrictions than those of any statute, ather ordinance or regulation, the provisions of this Code sha31 be cantroliing. Where the pravisions of any statute, other ardinance or regulation impose greater restrictions than thisCade, the provisians of such statute, o#her ordinance or regulatit�n shall be contrviling. Seetion 13Q5 - Rules, Scope, lz�terpretatian & Defznitians � Adopted: Navember l3, 24Q6 Page 1 of 29 �, .. . . � : � . . � . - .. . .. .4 . City of Arden Hi#Is C6apter 13 Zaning C.tic�e 1305.04 Def nitic�ns. {Re�cerr 6�2�1z�1i�) � Subd.1 ' Acre. 1� quar�tity- af I�n� cantairrirzg farty-three thousand, fzve hundred: and sixty (43,56U) square feet or one hundrecl sixt� {160) square roc�s in whatever shape and pattern (e.g. cir+cular; square; #riangu�ar, irreg�Ta�, broad or narrc�w}. Subd. 2 Acre, net (as applied to P�JD der�sity calcula�ior�s}. C}ne ( l) acre of Iand, :, minus �he tw4-thirds (2f�} of that portion of ihe ac�e eneompassed by wetlancls, one-ha�f f I/Z� O�l�l�f j�t71C1011 �f �l� �CT� ��1CCiii1J��SSIilg 'Wj'IOII� Oi �T�l'�I�IIy �lII�5, mounds. or slopes that drop at a rate of t�veive percent (I2°!o} or rnore per every fifteen (] 5) feet c�r mare af disiance•, anc� ihe entire a"rea af public streets. Subd.3: Adrriinistrative o�eer: `The zoning administraior, builciin� inspector, their deputies ar assistants; and an� ot�er officials of the city char�ed with ar engaged in the administration of th�s Code or any`portian thereof __ Subd. 4 Administr�tor. The zoning admin�st��� .. ,�::::. Sabd. 5 Agriculturai uses. Uses cnstc�€�arily, associated with the grawing of farm produce and the raising of faxm animals �r �iaeral use; but nat including raising and feeding (feeci lats} of �ivestock, fur fanns anc� �C�nnels. _ :;.:�., ; � �r� � Subd. 6 Alteration. As applied ta a���t�7ng �r structure, a change ar rearrangernent in the structurai parts or in the ex��'� faca��ities, ar an enlargement; whether by extending an a side ar by increasing in I�ght�. �.� ��r i�ioving from ane lacation ta another. . . . . . . . . ?} . �.v F . � . ... � � � . . � . . .. . � eii.l. . � � . . . .:i� � �S 'Y . . Subd. 7 Alley. A m�nt�.�:�}1��:�r private way tvhich is used primarily for vehicular service access to the b����or sxc�� �f a"�Iot abutting on a street. ;�-:�:�: _. k {-� Subd. 8 Anirr�als, do����€�. _'�Cammon househatd pets. such as dags and cats, other aniimals kept far amusernent, companianship, decoration, or interest. Subd. 9 Animats, farm. Animals tr,aditianally kept or raised on a farm for ihe purpc�se of providing faod or praducts for saie or �se. s�ch as catt3e, horses, �oats, sheep, swi�e, fow1, taees, and animals raased far fur. � Subd. Itf Animals, wi]d. Animais sueh as wolves, tigers and pozsanous snakes thai are not nvrmai�y a do�nestic a�imai or farm anirnal and would ardinarily be conf ned in a zao or found in the wilci. �Antenna. �1.Equipme�t, �sed for transmitting andfor receiving teleco�n�nunication. televisivn vr radio sigr�als, which is located an the exteriar, or outside, of any building or structuxe. Subd. 2 i , � Section I305 - Ruies, Scope, Inierpretation & Definations Adopted: Nouember �3, 2Q06 Page 2 of 29 � {. �, . . ` . . . .. : � . � � � . . . � . . _. . . .. . � . . � Cify of Arden Nil)s Chapter I3 Zoning Code �� �Su�►d.12 Antenna, d�is�i--���: A parabc>Iic-shaped anten�a (ine�u��ng all suAporEtng apP�atus} which is used far transmitting or receiving telecom�nunication; televisio� Qr rac�io s�gnals, which is lacated on the exterior, or o�tside, af any bui�ding ar sir�cture: . - 1. Class I; I}ish Aritenna under thirty {30) inehes ar more in diameter-, six (6} feei in surface area, or six {6) feet in height> 2. Glass II: Dish Antenna thirty {30} inches or more in diameter: six (6} square feet or more in s�zr€ace area; or six {6) feet ar mare in height. s � � W � �$i��_�s�s�/��(!;�f� ♦.�lli�• f�lls�oiie�'a�1l�l�s# �9P1� � ��#�Subd.l3Apartmertt. A room or s�u�� of rooi��: located in a one- or two-fami�y building ar multiple dwelling, which sha���incl:�de a bath and kitchen accommadation, intended €�r designed` far use as an indepei"r��� �sidence by a single household. ::«::: ��-�-3Subd. 14Appeal. �n aPp�€��� �`t�r�'ihe review of an arder, requirement, decisian, determination or interpretat�c�� .�� thrs� Code nnade by an administ.raiive officer in the applicatian ar�dfor enfore���� of f�s Cade. :�:: &��-�-45ubd. 1 SBaserr�ent_ floor or base s�zbgracte (b� excavation belaw �rQu� .Iew area of a str�zciure, including crawi spaces. having it� � level} on all faur sides, re�ardless of the depth of vised (iSfQSlI tl} s;,� ( �:=!§Subd. 15Bit�ff 1��` ��tgraphic feature such as a hill, cli#'f, or embankment having the foliawing characteristics {an area with an average slope t�f less than 18 percent over a distance for 50 feet or mvre sha3l not be considered part gf the blu#'#}: , (Added 02/27/i0} ( 2� Part or ali of the feature is ]acated in a shoreland area; (2) The sIope. rises at least 25 feet above the ordinary high water level of the water bady; (3) The grade of the slope from the tae of the bluff to a point 25 feet or more above the ordinary high waier level averages 30 perceni or �reater; and (4) The slope must drain toward the waterbody. � Section 13QS - Rules, Scope, Interpretation & Definitions Aclopted: November 23, 2U06 Fage 3 of 29 .. . . � . � � �. y Cit� of Arden Hills ehapter.l3 ZonEng Gc�de '. : � �ci--��t�bd.l�Biuff i�npaet zone. A bluf�ar�c� �a�d located-.within 20:feet f�om the tap of � �ilu�: (AiTded li�2I1 Fi} � � ��Subd. �8$c�ard. The baard of ap�eais and ad}ustmer�t established by this Code. � ���-BSubd:l9Ba�rding hQuse. A struet�ure where sleeping roorns are providedr with a coi�on entrance, internal aiccess to all roorns, one (1 } c�r more bathroor�s, and one (1 } or rnore kitchens to pmvide Iodgiing for at �east three (3} but 'not exceeding five (5) ' persons. A boarding' house is distinguished fram a transient accommodat"ron such as a hotel or motel as defined in this chapter. (Addert Ti'Y4�1a) �: ���-9�ubd: ZOBouievard. That portion af a street lying between the �ateral line of ihe roadway por�ian thereof (i.e., the back of the curb or curb line) and the: right-of-way line thereof whieh may cantain vvithin its boundaries a sidewalk or portian of driveway. � ����BSubd. 21Building. A struct�are which is c�signed and suitable for the habitation :: or �helter of human beings or animals, or a shel�r or storage af property, or is used far trade or rrianufactuiring. �`' ti .. �.; ( �-�-Subd. 22Buiiding line. A tine pa�a�Ilel:;-to a lot �l'me or tlae ordinary high water .�,. Ieve1 at the required setback beyond whic�r��t�eture may not extend. (Re►�ised o2/22/to) �� ��Subcl. 23Buiiding, accesso or use whieh is iocated on the same and which is reasonable nece� primary use of suGh principal ��ild� -::�,v..:�;,�. � ::.. ���. oir use. A subordinate building struicture �:-�vhich the principal building or use is situated ��priate and ineidental to the conduct of the �i�capal use. ��: �Subd. 24Buildx�����1' ��(See Lot, Buildable portian of.) ;::�= :.,.� � � S�: �#Su�d. 25Buil � hei � t. The vertieal distanee from the average �levation of c��... the grade alarng a face af a����ng to the highest point of the rovf surface of flat roofs, the deck Iine of mansard roof"s, ar the average height betwe�n the eaves atzd the highest ridge c�f gabie, hip, ar gambrel roofs. The height of a stepped or terraced building shall b� the height of the taliest segment of the building, S�-2�Subd.-26Building ir�spector. The inspector as provided for in the building code. �►�-�6Subd. 27Building, principal. A building in which the principal use, of the Iot on which it is 3ocated, is conducted. St�: �-�Subcl. 2$Bulk. The term vsed to indicate the size and setbacks of buildin�s or structures and Iocation r�f same with respect to ane another and includes the fo]Iowing items: a. Size and height af buildings or structures. Section )3U5 - Rules, Seape; Interpretation & Definitions Adopted: November i3, 2f}06 Page 4 fff 29 � � t ' i Ci�y gf ArcTen Hilts �hapter I3 Zoning Cade - ' b. Locat�on of exterior walls ai a}1 leveIs: in relation to ]c�t lines: street €�r to � oiher buiTdi�gs or struct�res e. Gross floor area of buildings or st�ctures in relation to iot lines. street €�r to c�ther buildings or structures. d. Al1 open spaces allQcated to buildings c�r siructures. e. Amount of lot area per dweiling;unit. � � � � 4 ��: �BS�bd� 29BuIk materials.' Uncantained solid matier stane, sand, sulfur, etc., that has a tendency to become airborne. such as powder, grain, �t�� �Subd, 30Business. Any occupation, employment ar enterprise wherein merchandise is exhibited and sold, or which occ�pies time, aitention. }abor and materials; ar whereby services are offered for cQmpensation <. :,���' �: �BSubd, 31Business services. Serv�ces�e���med primarily for oth�r businesses, including such serv2ces as secretarial, clenr�I; emplo�ent ager�eies, business machine service. printing, etc. _ - � S�rc�-; :�Subd, 32Caliper inches. TI�e diame��-;of a tree measured at 4.5 feei ahave �he gro�tnd. (Added 4/28108} _ =� � ..:.>, Su�iu��.S'ubd. 33 Cemetery/M��ii�al g��en. Land used Qr dedicated to the burial of the dead, including crematc�ri�€�ns,;..��.I�ums, funeral chapels and necessary sales and maintenance facilities. {,9tddev ���`'.��v) ,, :=.hs =;;:>> �u��: :�3Subd, 34C1e�:�'vision -�rea �� The ciear vision area shall be an area within a ::��:: triangle that is measiii���;::ralon�:: the edge vf the driving surface of the road at the intersectian of two roads ��.�i�ic or private) and extending ihirty (3Q} feei in each directian from the intersection�with a line conneciing the iwo end points. (Revised 31181(�9} Section I305 - Rnles, Scope, Interpretatian & Definitions Adopted: November 13, 2a06 Fage 5 af 29 ,. , t Gity pf Arden Hills G[��pter 13 Zoning Gtide �, f �-�Subd. 3�C�ear-eu�ir�g. Th� complete rernoval aftrees.c�r shrubs in a evntiguotzs , ��� patch, strip, row, ar biock. ;(I�evised (t2i221r8) ` , . � �: �Subci: 3bC3inic. A bui�ding for out-patient medic�l treatment af humans ar small animals. . � Su�-�?�Subd. 3'T�Iubs arid ]odge�. Buiidings and facilities owned and aperated by a `corporatian or associatiori of pers+�ns for social, recrea#ional, eharitable, educati€�nal or ' cultural purposes, but not; operated pri�narily �or .profit ar far purposes which are ` customarily associated with a business: � �,.'��TSubd. 38Clttbs, sports an►d fitness. A place of assemb}y where rnembership may be required and is dir�cted taward the general public with the commercial promotion af sports and physical` fitness. � fi�i�-�-.�BSubd. 39Corntnissian. The Planning �.�mmission, as established by the Cvde af Ordinances, City of Arden Hilis, Chapter 2 k; � � ��x�►d:-�33Subd. 4flCammerciai recreatio�t�. ��ncl�r. A eommercial recreationa] use condueted within an enciosed building, hall, athletic :and health clubs, auditarn center, pooi ar billiard haii, or a var���� not limited to basketball, ice hockey; � definition daes not inciude publ� �'�s or ;;..,,. � . � ,�..i.;y,,, ng arcade, arena, art gallery, assembly ��ing al�ey, club or lounge, cornmunity �ized or franchised sports, inciuding but g, soecer, tennis and volleyball. This property. (aaaea ��7�r�t1) . . 9{ .? '.'k � r'�,,,''':' . � ��-48Subd. 41Comprehe�t�.��v plan. A compilatian of policy statements, gaals, standard and maps for ��� �.,physical, sacial and econornic developznent, both private and public o#' �`� city a�, its environs and may incluc]e but is not timited to, the foliowin� items: State�'rr�l�. ��.s c�f �ilicies, gc�als, standards, a land use plan, a community facilities plan, a transportat���an and reeamrnendations for plan execution. fi. � �x-�-:-4�-Snbd.42Conditianal use, A use which, beeause af unig�re characteristics, cannot be cIassifiec� as a permitted use in a dis#rict; and which, a�ter due consideration by ihe Planning Commissian and CounciI, pursuant ta the applicable procedUres contained in this Code and the Arden Hi�is City Code of C3rdinances, may nevertheless be permitted with restrictions on a site by eondi�ional use permit granted by the Council. � fiu�d�-4�Subd. 43+Canditio�al use permit (�.U.P.}. A permit requireti for certain Iand uses classified as CanditianaI Accessory Uses or Conditional Principal Uses. ,�►�: �Subd. 44eonsumer srnall loan establis}�nent. Any establishment that offers cansumer smati loans, comrnonty referred to as "payday loans," as c�efined ir� Minnes,c>ta State Statute 4'7.b0 as amended fram time to tirne. (Ar�ded I213f�t8) �r�:1#4Subd. 45Cauncil. T1�e City Conncil, as established by the Cade af Qrdinances. Section 1305 = Ruies, Scope, tnterpretation & Definitians Adapted: November l3, 2fl06 Page 6 Qf 29 � 1'�"'1 �.__.1 i. .. . ` . , . .. � � .. ; .. . � . City oi Ar�}en Hills Chaptex 23 Zoning. Corde �� ��Subd. 46+Cremator�urtn� t� faciiify con�ainiang pmperly . instal�ed, certi�ed ` a�paiai�s inte�ded f4r iise i�'tlie act vf crema�iort. (Adrled 7/1#tIa} E S�. �6Subd: 47Critic� rovt zc�ne. T"he r�inirnwn area arc�und a tree t�ai s�ould F remain unclisturbed. Tc� calcuta.te the erit�cal rc�4t zone, �neasure the tree s cal�per �nches. For each caliper inch of tree, 1.5 feet of rvot radius must be .protected. For exa�ple, if a _ tree.'s is l 0 ca�iper inches, then, i�s critica} r�oi radius is 15 feet { I Q x 1.5 ='] 5}. The eritical rot>i zone is 3() feei. {Adder141281�t8) � S��Subd. 48Day care facility. Any licensect facility, public Qr p�vate, which for gair� c�r otherwise, regui�rly provides �ne` or more persons with care, protectictn, supervision, habilitation, rehabilitatic�n or developrnental guidance or� a regular basis, for periads of Iess than twenty-€c��r (24} hours per day, in a place 4ther than the person's awn home, including but nflt limited < to day care centers, day nt�rseries, daytime activity centers, day ireatment programs, and day serviees �1te►�ised 7114tZ11) � S�a�-48Subd. 49Day care, fami}y. Day care.�ir � m€�re than €en children at ane time of which na mare than six are under schoo� ;�ge. The ���ensed eapacity must include all �: children of any caregiver when the childre�>:�re p�sent i�i ihe residenee. (Added ztl�'1J0) f ���Subd. SODay eare, grottp f< c�ne time. The total number c�f child �. children are present in the res�dence. ,�,«>>- - for no mare than 14 chilciren at any ehildren af any caregiver when the .. =:- �c�-�BSubd: 51 Densiiy. T�e nu��' �� dwelling units permitted by t�tis Code gn c�ne :; �_...,,: (]} acre. : � k =� - -�.��t=��::.:. ��=��:, ��-��Subd. 52Den�� jnet� e number of dwellin units ermitted b the Code on Y � � P Y one (1) net acre af land ' �� ;;>� _. k: &�+��Subd. 53Dens�ty transfer. The relocation of housing units or square fooiage of buildin� area eomputed on part of a building site to another part of the site resuhing in an increase in density t€� the transfer area for the pt�rpose of preserving open space, forested areas. envir�nmental or terrain features deemed worthy €�f preservation by the Pianr�ing Cc�mmission. �tt�: �Subd. 54I}ensity zoning. Density zaning shall be interpreted as the provision c�f lot areas smaller ihari the mini�tum requirement of this Code under cc�nditions whereby the tatal number af dwe}ling units is not greater than the amount permitted under norrr�al eanditions. &�-�S4Subd. SSDog kennel, Ccsmmercial_ A structure specifically designed and commereial�y used for the harboring of three (3} c�r rn4re dogs that are more than three {3) months old. I� J Seetian 1305 - Rules, Scope, ir�terpretation & Definitians Adopted: November 13, 2�D06 Page ? of 29 . . . . .. .. . . . . . :.: � . .. ,� . +.'. . T City of Arden Hills Ch��ter 13 Zoning Code � S��Subd. SGDog kennel, I�esiden�iar: A sirtz�ture specif caily , desi�ned and residentiall� used for harboring of up to three, �3) dogs„�at ar�- rnt�re `th�n three `(3) • manths o�d. � S��Subd. 57Dag r�n. " A strucit�re speeifically d�signed for damesti� use for' ihe harboring <and exercise of not more �hari two (2) dogs. � , : , - ��ess�� �` �{i> . . � . . w�ndow or other opening at a business �rchase andtor reeeive a service or product 12/43/08) S�b��Subd. 59Dwell�� :=,�: b��ing or portion thereof, ctesigned or used exclusiyely for residential occupan�y, inclu��g �single-family, two-family and m�itiple family uses. but not inelud�ng hotei�_atnote��; nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor ht��e��or traveI trailers. � . . . - i4'-' . � . � . . . . � ��BSubd. 60Dweiling, live-work nr�it. A dwelling unit in cambination with a shop, office, studio, or other work space within the same unit, where the resident occupant both lives and works. A li�e-work unit is not synonyrrious with a home occupation beeause it is designed as a mixed-use facility, whereas the home occupation is secandary and accessory ta the residential use. (Added 7/14/ltt} S��—S�Subd. 61 Dwelling, multiple famiiv. A dwelling eontaining three (3} or more attached ciwelling units: ►�e�x^�� S��6Subd. 5$Drive-up Windaw. � establishment that al}ows cust�� without having to enter the bu�din� .:� �-(�BSubd. 62Dwelling, single-family. A dwe}}ing that consists of ane ( l) dwel}ing unit. S�bc��-Subd. 63Dwelling, two-famijy. A dwelling that consists of two (2) dwelling units. Section }305 - Ru1es, Scope, Interpretation & Definitions Adopted: November 13, 2006 Page 8 of 29 • � f ; ,City oiArden Hi1ts Chapter l3 Zoning Cade .� � ��:-�Subd. 64Dwelling unit. A re�idential buil�ing ar porEiarr thereof inte�ded for oecupancy by o�e { 1} fainily with facilities far- liyi�g; sleeping, caoking and eating but not including hoteis, motels, nnrsing homes, tents, seasanal eabins, baarding c�r roaming ho�ses, mator homes or iravel trailers. ' £t�: �3Subd. GSDwe}ling tznit, single-fami]�aitached. A; dwe�ling unit which is loeated on its:own indzvidua] lot b�zt joined alon�sin e lot line� to one {1}' ar mare other d�uelling units with a part�wall and having,,.a se ap rate Point-of entry. � S�ci:l�Subd. bbDwelling unit, singie familv detaehed. A dweiling which is not joined ta any other dweliing �nit, and is loc�fed on a separate loi with the structure svrrounded by apen space arrd having a separaie point of entry. . . � . . .. _: - -. . r � r .• � � f .... > > ��t 1�. _ ____1__�'____ _._�____ .__ �aL�� � � �t�l: �BSubd. b7Easement. A right ar pri atatharity to use a parcel of land ar partion ,#�i 9 � �ubd: +�9Subd. bBEqua] Degree of Ez�crc of flaadway boundaries sa the flaod ��i' ,.:: c4nveying a praportionate share af floc��:; m'���or af a person or a government far specific purpose. A' method of determining the iocation bath sides of a stream are capable af � S�b+�-�-'78Subd.69Exteriar s�iag� Y�'�e storage af goods, maierials, equipment, man�zfactureci products and sir����'items nc�t fi�lly enclosea by a bui)ding. � ��-'�S�bd. 70Fat����..,iAn t�iivictual €�r two (2} or mare persans, each related to the other b blflad, marria °,. Y g�,.adopt�n or foster care, or a grvup of nat more than four {4} persc�ns, same or aIl crf w'�i��`are not related by blood, marria�e or adoptian, living together and maintaini�g a comman househoid. (These regu�ations shall not be applied so as to prevent ihe City from making reasc>nable accommadation as required by the Federal Fair Housing Amendments Act of 198$}. � ���'�Subd. 71 Financial institution. An establishment that pravides financial and banlcing services to consumers or clients: Typical uses include banks, savings and loan associations, credit u�zons, i�vestrrment eompanies, and a�tomated teller rnachines {ATMs). Financial institution shall not in�itzde a consumer small loan operation. (Artrterr 7l14/Il1} ��Subd. 72Fltiad. A temparary increase in the flaw or stage of a stream or in the stage of a wetland or lake that results in the inundatign af nc�rmally dry areas. � ��b+�-'�45ubd.73Flood frequency. The frequeney far which it is expected that a specific flood stage or discharge may be eqvaled or exeeeded. Section 1305 - Rules, Scope, Intetpt'etatian & De�nitions Adopied: November �3, 2UQ6 Page 9 af 29 � , y City of Arden Hills Chapter 13 Zc�ning Gode � S���Snbd. '74F�oad frin e. That po�tian of the flood plain oi�side of �he floodway�. '� '� �� � g . � , Fload fringe is syrtonymous with ttie ter�: "flocsdwa}� fFi�ge" us�d in the Floe�d }nsurance Study for'the City. f S�-��Subd. 75Flooct p}ain. The beds proper and the axeas adjoining a wetland, lake or watercourse which have been or may be covered by the regional flood. � Su�d: ?-�Subd. 76FIood-proofing. A combination of sfruclural provisions, changes, or adjustments to properties and: struc�ures subject to flooding, prirnarily for the reduction or elimination of flood damages: : a . ( Su�78Subd. 77Floodway. A wetland or lake and the ehannel vf a watercourse and those portions of the adjoining flood piain which are reasonably required to carry or store the regional flood discharge. �Subd. 78Floor area. The surrr of the build�ng as measured in square feet from the e� the centerline of party w�lls separating att�h� porches that rneet the requirements in Sect��n 1� the average floor-to-ceiling height is less`1�.�i other detached accessory structures. j { ��88Subd. 79Floor area rativ (F A��. Tfi building's floor area by the amQ�# �� lot �ea. 1 -�,y{Y, �3-Sabd. $QFrontage '1`��iii� US of such line, which abuts a� ��tre�;<:, _ �� �oss horizontal area of all floors of a r��:r.:sides of the exterior walls, or irom t bui�:��gs, but not including covered 5.03 Subd Z.D; decks; any space where feet; attached or detached garages; and ratio abtained hy dividing the sum of a •' front boundary line of a lot, or the length �d: S�Subd: 81 Gara�� �nv Ka�. An accessory bui}ding ar pc�rtion of the principle building which is intended=�used for the starage of the private passenger vehicles of the family or families who resi'de upon the lot upon which the garage is located. &��3Subd. 82Garage, repair. A building ar space for the repair or maintenance of motor vehicles, including body work, painting and vehicle wash; and incidental display and sales of automotive products but not inciuding factory assembly of such vehicles, auto wrecking, or junkyards. �84Subd. 83Garage, truck. A building that is used or intended to be used for the storage of motor trueks; truck trailers, tractors and commercial vehicles exceeding one- ton rated capacity. S�-��Subd.84Grading and Excavating. The act of excavation or filling or combination thereof to alter the contour of land for cievelopment purposes. (fsdded 7/14/�0) � Section 1305 - Rules, Scope, Interpretation & Definitions Adopted`. November 13, 2�06 Page I 0 of 24 r, � City of Arden Hills Chapter.l3 Zoning Code- � �ir+d: 86Subd.B�Hc�me flcc�pa�it��t. �'he accessvey c�� candit�ana� accessory use of a r�sidential s�ructure �'ar any gai�ful occupation ar p�vfession. � �+�S�Subd: 8bHospita�. An insEitution 3icensed by the state department of health, providing primary heaith servic�s and medical or surgical care, ta siek or injured persons, primarily inpatients. May include related facilities sueh as laboratories, autpatient faeilities, or trai�ing facilities. {�dded fi/i�l��t) � �8$Subd,'87Hote]/rnotel. .4ny building, ar group €�f buildings, havinrg five (5} ox iTIOT� �LI�St iO4iT1S 2I31�I2t��fl OF t��Si�Ti£E� t0 � iei1�£t� Q3' �11i�tI fl€1� �4 � OGGiI�Ti�t�, or which are occupied fc�rsleeping purp�ses by transient guests. (Revised 711�11Q) � S��$�Subd. 881-1"ause of worship. A' place of worship or religic�us assembly and its accessory facilities used by the congregatian such as the following: rectary, meetir�g hail, offices fc�r admz�istration of the institution, Iicensed child vr ad�lt ciayeare; playground, or �emetery. A house of worship does nbt include buildings or uses used exclusiuely for :-: residential, schoais, recreational, commercial, or �er uses not normally associa#ed with worship. {Revised 7/14tJft) .: '' .,.. . •�:,.. £��-�9S�bd. 89Household. The persanz;;�ii p�tsons �occupying a single dweliing unit: A hausehc�ld may consisi af a single fami���o�:€� (1) Persc�n Iiving atc�ne, twa (2} or more famities living together c�r any grvup3of rel���l or un-related persons who share Iiving �rrrangemen�s. � �. a, � ;.:�,<:- �d: 9�Subd. 90Is�dustry. packaging, treatment, asserr � the man�facturing, compouncling, Pracessing, �using of producis and materials. _=:>:<.�::.; ... S�� �Subd. 91 Junkyard. �1n c�pen area where waste, used or second-hand rrsaterials are bQught, sold, exchanged, stored, baled, packed, +�isassembled or handled, includin� but not limited ta, serap iron and c�ther metals, pager, rags, rubber, tires and botties. A junkyard includes a vehicle wrecking y�rd but does not ir�c�ude uses esiablished entirely within enclosed buiidings_ �. .�e �+�1�St�bd. 92�.ar�dscape Iot area. Thai pc�r�ion of a lot rec�uired to re�nain as open space, free Qf bui�dings, parking and drives. Landscape lat areas may cansist of � Section I305 - Ruies, Seope, lnterpretation & Definitions AaQ�t�a. N�Y��t�� � �, zoo� Page 1 i of 29 �i���i �. . t City of Ardert Hilts Cltapter I3 Zaning Carle A. Na�urally vegetated areas, � B. Wetlands`or`panding areas, C. Pianting beds, ground cover and muich areas (vegetat�ue, mck, ,baiTk chip, , etc.), _ D. Decorative waIkways and azeas nat to exceed fifteen percent (15%) qf the . required �andscape Iat area; and E. Outdoor recreation areas, � S�: -�bSvbd: 93Landscaping. Plantings such as trees, grass, shrubs. � ���Subd. 94Loading area. Any area where trucks are maneuuered and parked, for the purposes of Ioading or unlaading products, mat�ais or equipment. ,_,. �:v-v .;;�;->. � ���►BSubd. 95Lot. A p�rcel of land desc�€`�ie�� metes and bounds measuremen# ... reference to a'registered land survey, plat, �cord a���ey map, or other means, and separated from other parcels or portions b� �aid d.escriptian, and which is occupied by, or is suitable under this Code and other app���1e o�dinanees for oEcupancy by one (1) principal building, or used together w�th any ��essc�ry buiidings or uses and such open spaces as are requ�red by this Cade ��.�_ -'�� � � :� S�d:�9-9Subd. 96Lot area. Th��l sit�::�rea wiihin the Iat �ines. : :::. ; . .>:::.;.::-::;.,; . :.._... : :.:.>:»:;�>::, �:., ..: . : :. ...,:. �-�-89Subd. 97 Lot area, :�f buildable. The space remaining on a}ot aft+er the minimum Iandscape are�, ��� sp�ce and setback requirements of this Ccide have been met. . ,�} _ = �ubc�:-�:�Subd. 98 Lot �.�ier famiiy. The lat area per famity is the lot area required by this Code to be pravided for each family in a dwelling. fi�bc�: -I-B�Subd. 99 Lot, buildable portion of. (Building Envelope} T`he area of a 1ot on which a principai structure rnay be piaced. The portion of a loi remaining after the minimurn building'setbacks have been met. (Lot area, net buildable, is more lirniting as other deductions are included). �-�-B�.Subtl. l0(! Lot, cc►rner. A lot situated' at and abuiting on the intersection of two (2) ar rnore streets having an angle of intersection of not more than one hu�dred thirty-five (I35} degrees. A lot abutting upon a curve street shall be dee�ned a corner lot if the tangents ta the curve at ats paint of beginning within the lot or at the paints of intersection of the side Iot Iine� with the street }ine ir�tersect at the interior angle of less than one hundred thirty-five (] 35) degrees. A corner Iot shall maintain front yard requirements for each street frontage. � Section I305 - Rules, Scope, imerpretatian & Definitions Adopted: November l3, 2f341i Fage 12 of 29 Y, � f . . . . .....�. , . - . . . . . . City of Arden Hiils Chapter l3 Zoning Code � �1�94Subd� IQl I.Ot COv�I�t�e`. �'�1� tOt� �II��Yii�3�E: �21�{?�.it7tf ��It1t �i'�2ty expre�sed as � a perces�tage, w}iich may be c�verecl by a p�incigatI �seia�d' iis:access4r}� stri�ctures. � ��I-�Sabd:1Q2 Lot depth. The mean horizorital distance between the mea� front road and the mean rear lot line. The greater frontage of a co�er lc�t is its degth, and its lesser frontage is its �idth, � �S�-:18�Subd. 1l�3 L;ot line. A property boundary:, line of any �cit held in single or se�arate awnership ar separately described; except thai where any pc>rcian of the ]ot extends into the abuttirig street or alley, `the li�t ]ine shal� be deeined to be the street or ' alley line. - � �t�; �-8'�Subd. 244 Lot line, frQnt. The boundary of a iot abutting a street. On a corner lot, the shortest street lot Iine shail be the frant lot line. �-�-:�88Subd.105 Lot line, rear. The lat line �st near�y parallel to and most remote from the front lot line. ��� ;.�. _�.. .> . � ,.:. &��-1-A9Subd.106 Lot line, side. L€�t I��s c�ther <��n front ar rear 1€�t }ines. On a corner 1ot, the longest street lot line sha1l b�-� s�cl� 1vt line: �i-�BSubd. l07 Lot, interior. A:lot other°�art a carner or reversed eorner It�t. � � � �,.::>- ��-�-l-Subd.108 Lot, reversed cor��'. A corner lot, the rear of whieh abuts upon ihe side of another lot whether a�'z�� an �ey or �ot. _.. _ -..--- &�rl��-�Subd.109 Lat of ��cl A 1at existing as of April 1 Q`h, 1993, date of this Code or approved by t� ���: �:� � lot stabsequent tc� such date, and irzcludes non- conforming lots. . :__ ��-1-�Subd. 114 Lat, �f�]ine. A lot having one (1) c�r more lot lines fronting on public waters. . St��l-�4Subd.111 Lat, throu�h. A lat thai has a pair'of opposite lot lines ab�tting two (2) substantially parallel streets, and which is not a eorn�r Iot. On a through lot, the determination of whether t�e sireet frontage is to be considered a front yard or rear yard shail be as subject to the prouisions of this Code. ��-1-�-SSubd.112 Lat width. The mean horizontal drstance betwee� the side lot Iines at ihe r�inimum front setback line. . St�#1-���ubd.113 Lowest flaor. The lawest floar of the lowest encIased area (ineluding basement). An unfinished ar flood resistant enclastrre, used solely for parking of vehic}es, building access, or storage in an area other than a basemeni area, is not considered a building's lawest flaor. (Added OSt(lSli4} Section 13U5 - Rules, Scope, Interpreiation & Definitions Adopted: Novernber i3, 2Q06 Page 13 of 29 . . . . . , � .. � � :. ' ' T City of Arden }lills Chapter l3 Zoning Cude - � S�b�-�Subd.114 1Vlanufact�red hame. A struciure,. transparEabie in one.; or mt�re /� sections; which is buiit an a perfnanent ehassis and design�d to be �sed ,as a, dvvelling with or without a permanent: foundation �vhen co�nected to the ret}�ired utilities, and includes the plumbing, hea�ing, air condi`tioning, arid elecirricai systems contained therein; except that the term inciudes any structure whieh me�ts all' the requi�e�ents and with respect to which the manufaeturer voIuntarily fiies a eertifi�ation anc� complies with the standards estab}ished under this Code and Minnesota State Statutes as :amended from time to time. The term "rrianufactured home" does' riot include the term "rec�eational vehicle." (Revised os/OS/l(i) � S�d�-�1-BSvbd. 115 Manufacturing and processing. Ail uses which include the compounding, processing, packagin�, treatment, or assembly of products and materials: Generally, these are industries dependent;upon raw materials refined eisewhere_ These uses include, but are not limited ta: fab�ication of wood, metal, and plastic pmducts; assembly of electronic components; e4uipment, and appliances; processing of ehe�icals, plasrics, food products, and nonaieoholic bever��es; manufacturing of cloth�ng and textile products; distribution centers, lumber yar��, printing and binding shops; machine shops, sheet metal shops, sign shops, contractor`��s��s and storage yards: ;::�:� A. Class I: Above uses withouX�xte�or starage.. B. C}ass II: Above uses wxth perm��d exterior storage. ;::: ---- . &�c�-1-9Subd. ll6 Metes and bour�c� directions and distances comme��r�.� frc remova} of sand, gr� regulated under Mir extraction dfles not i 7l14/I D) A method of property description utilizing nd terrninating at an easily identifiahle point. fract�on. The use of land far s�-faee or subsurfaee ��:strial minerals, and other nonmetallie minerals nat �pts. 93.44 - 93.5 I; or Successor Statutes. Mineral ng and excavating as defined in this Chapter: (Added , � , • ���Subd.118 Mobiie home. A manufaetured home designed, constructed, and equipped for use as a single-farnily dwelling, which has a width of less than twenty (20j feet over more than twenty-five (25} percent of its length; or which is not placed on a permanenE foundation comp}ying with the requirements of the state buiiding code or which is not continuous and solid for the entire perimeter of ihe structure. ,. Su��3Subd. 119 Mobile home park. Any premises on which are parked two (2) or more occupied mobiie homes, excluding prernises on which mobile homes are soid for removal to another site. • � Section 1305 - Rules, Scope, Interpretation & Uefmitions Adopted: November t 3, 2006 Page 14 0� 29 S , � � k. . . . . . .. . . . . . . . . _ . .. . . . . . .. . r > , City of Arden Hi1ls Ghapter l3 Zoniug Cade � 5�:--#�4Subd..l2Q N�art�zary, �era� horne. An es�ab�ishment �ngag�d in t�derta�Cing services such as preparing �he dead for b��ria} and arranging and zrianaging fi�nera�s, t►�t not including a crer�afvrium: (,�dded �✓1�1�1t} � �c�-1-�-5S�bd:121 Matorized vehicle leasing and rentals. A business that`leases or re�ts rr�atarized vehicies to the general public. Ineludes minor services ar�d washing as an accessory �zse. Not more than eight (8} r�ntai ar lease vehicles on site at on� time. � �rd: �Subd.122 Mvtorized ve�icle service. A business that provides repair ar maintenance services far motarized vehicles including engine repair, replacement ar parts and engine serviee, but does not include bady wark, painting, factory assembly of vehic�es or vehicle wrecking yards. � � SY,'���'.�-,�'zTSubd. 223 Muitiple oecupancy building. A building containing two or more independent businesses with ar with�ut separate exterior entrances and far whieh signage, parking and site requirements are unifieel-.;in a cansisteni visuai and f�nctional manner. - _ .�' ., :: S��l�SSubd. 12d Native vegetation. "Itii,�t�ve Veg��tion" - Plant species indigenous to Minnesota, ar thai expand their r�nge �o Ik��innesota wiihout being intentionally or unintentionally introduced by human ��.u:�, and are classified as native in the Minnesc�ta Plant Database {Minnesota_ DNR, '�:UO2 or as amended}. Native Vegetation daes nat include Weeds. rRevised 02/2i���:: � _.. `� �e�b�:--�1Snbd. l25 Nonconf��g hti��:ding. A bnilding law�ully existing as of the effective date of the adaptit�� of ��.: �€�de, ar amendment hereta, which under the provisions €�f this Code co�l�=��:��� ��}�i2li �C�21S� O� �S�ilGiIOTIS QIi �t�lght; setbacks, yards, lat coverage, floor �� �ati���r ather eharacteristics of the building or �ts lacation . _ c�n the lat v�here ii exis�:- . -:;,,,:. ��:-1�lSubd. 126 Nonc��:�i'r�ming use. A building, structure or use of a building, str�eture or parcel of iand, or� a parti�n thereof, lawfully existing as of the effective date 4� �i� c'�{I0�3t,20Ti f}� �115 CO�� 4i aT32�i1(ITil�12I I2CI'��0� as a matter c�f righ# or by permit, which is nat permitted in the zaning distriet in which ii is located_ &��C�-Subd.127 Nursery. Any land used to raise trees, shrubs, flawers, and ather live plants for sale and commerce. 5����Subd.l28 Nursing l�ome and Assisied Living Facility. A faci3ity that provicies daiiy assistanee and long-terrn residence for disabled or elderiy individuais. This inclt�des a com6inatian of ho�sing, supporiive services, gersanaiized assistance and heaith eare designed to respand to the individual needs af ihose who need help with activities of daily living, s�zch as dressing, groozning, bathing, etC. (Added 7114fIt1j St�c�l-�Subd. 129 Qbstt�c�ctic�n. Any datn, walt, wharf, embanlcmen€; levee, dike, piie, abutment, Frojection, excavation, channel, modification, culvert, building, wire, fence, Section 1305 - Ruies, Scape, interpretat'son & Definitions Ado}�ted: I�lovember l3, 20fl6 Page 15 of 29 . . . � . . . - .. . . .. . '`� ,..,- r City of Arden Hifls Chapter I3 Zoning Code ' stockpile, refi�se, fill, struciur,e, or matter in, along, acrass, or pro}ect�ng int� �� tc��T, � watercourse, or regu�atory flood plain wh�ch m�y impede, xetard, or ,change tlae dtr�ctiar� of the flow af water, either in itself or by catching or collecting debris carried� by s�ch water. ���34Subd.134 Office(s). A room; suite of rooms, Qr a building containirtg rooms or suites of rooms in which persons conduct commerciai activities, provide professional services, or carry on occupations and where goods are not stored, produGed, solt� at retail or repaired, including but not Iimited to the foilowing: exectitive and: administraiive offices, business offiees such as insurance, real estate, sales and similar offces, .- professional offices such as offices of engineers, surveyors, arehitects, accaianta�ts, attorneys and bookkeepers and similar offices,: but exeIuding medical elinies. (Rev�sed 7/l4l1 Q} . _ 5�3--3�Subd. 131 Office showroom/warehouse_ An office facility in which more than 50 percent of the total flaor area is utilized for the display and sa}e of goods or merchandise on the premises, and/or for the ��orage and distribution of goods or rnerchandise from the premises. (Added �/14/1D) �-�Subd.132 Off-street parking storage or parking of motor vehicles. or areas of ground used �or the i ��'�Subd.133 Open; sales buying and se�ling any gaods, n under the open sky prior to saler;:_<: &��-3SSubd. l34 Open used or occupied for ihe purpose of ;handise, and for the storing of sarne Iot area.} �-���-'..�-��Subd.135 C�r�in ' h� ..�� water Ievel. The bound of ublic waters a�d ary g..}i` �7' P wetlands, and shall be' �: eleva��n delineating the highest water level which has been maintained for a s�ffic�en� ��t.�icl of time ta leave evidence upon the Iandscape and as determined by the Minnesota I�epartment ofNatural Resources. The ordinary high wat�r mark is commonly that point where the natural vegetation changes from predominantly aquatic to predominantlyterrestrial. (Revised �2/22/10) &t�4ASubd.136 Parking space. A Iand' area of such shage and dimensions and so prepared as to be usable for the parking of a motor vehicle, and so �ocated as to be readily accessible to a pubiic street or alley. Truck ioading and 'unloading space shall 'not be included in such area. Su-T���Subd. I37 Pathway, pedestrian way. A public or private way, ruiu�ing across or located within a platted iot or block or an unpiatted parcel of Iand, used primarily far pedestrian tra�e. �c�:-�-4�Subd.238 Pawn shop. The location at which or premises in which a pawnbroker regulariy conducts business. (Added 7/14/Io) � Section 1305 - Rules, Scope, Interpretation & Definitions Adopted_ Novetnber l3, 2006 Page 16 of 29 f! t . . . � . . . . . . . . . .. . . . � City of Arden Hills Chapter'I3 Zoning Cocte �� fi�:�-4�Snbd.139 Pawnbroker. {a} Except as provided in P�P�Ph ��)� „pawnbraker" means a person engaged in wh�Ie or `in par� �n the" business of lending money on the security of pledged goods left in pavvn, ar in the busiriess of pnrchasing tangib2e personal property to be left in pawn an the ea�idition that it may be redeemed or repurchased by tl�re seller for a fixecl price within a fixed perit�d af time. ; (b} The folit�wing are exempt from the definition af "pawnbroker": any bank regulated by the state of Minnesota, the comptroller af the eurrency of the United States; the Federai Depasit Insurance Corparation, the baard of governors of the Federai Reserve Systern, or ariy ather federai or state autharity and their affiliates; any bank ar savings assaciation whose deposits ar accounts are eligible for insuranee by the Federal I}eposit Insurance Corporatian c�r any successor to it and alI affiliates af those banks and savings associafions; any -state or federally chartered credit union; and any industriai loan and thrift company or regulated lender subject to licensing and regulation by the Department af Commerce. (Revised 7/1417ti} �+�-�44Subd. 24(i Persan. Any individual�,�: �i�.,partnership, corporation, campany, assaciatian, join# .stack assc►ciatian ar bo��� pol�ti��- _.inc�udes any trustee, receiver, as�ignee or ather similar representative ther�f. ;:;;� � � ��1-4�Subd.l41 Personal se compensation. Such services sha � products and supplies related to'the ihe service offered. Typieal p� tailoring and cleariing; hair s��in�� services; and other services o#��:::�'i � :: Services customariiy rendered for �r:�Ive minor storage and related sales of E'ered and far customers ardinarily utilizing ; s inc]ude but are nat Iimited to: apparei and cutting, beauty services; phatographic nature. ;=; �:;:.:j#,r - _ �-i�:-�:, ���:14bSu�bd. l42 �.�anned u�i�development (P.U.L?.}. The development of a tract af land in a unified mann�,:::�ursu�t ta a deveIopment plan specifica�ly approved by the city. - S��l��-'�Subd. i43 Planni�g commissian. The planning agency af Arden Hilis as prescribed in Minnesota Statutes Chapter 462.354. It is advisary tv the City Council on all matters related tcr the Comprehensive Pian and al1 official cc�nirois that implement the C+�mprehensive Plan, and all other matters referred to it by ihe City Council. ��-4$Snbd. 144 Prc�tecied waters. Any waters of the State as defined by State law. However, na }ake, pc>nd or f�owage of less than ten (10} acres in size and na river ar stream having a tatal drai�age area less than two (2) scluare miles shail be reguiated for ihe purposes of t�ese regulations. S�� 49Subd.145 Pt�hlic u�e. The �zse of any }ot, pareel af land and any stre�cture or building thereon exclusively for pubiic purposes by any department or branch of government, federal, state, cc�unty or city, excluding i�dependent school d'rstricis, without reference io the ownership of said lot, parcel af lanci, bu�iciing or structure. Seetion l 3U5 - Rules, Seape, lnterpretation & I3efinitions Adopted: Novernber l3, 2E?dG Page I ? of 29 City of Arden Hills Chapter 23 Zoning Code _ � S��-�BSt�bd. 146 Public waters. Mea�s a body' Qf water capab�e; af. �ubst�ntial ;� beneficial public Use. Thts shali be eonstri�ed to mean, for the purposes vf these regulations, any body of water, which has the potential to suppc>�t any type af recreation�l pursuit or water supply purpose. A body of v�ater createii by a private user where there was no previous shoreland, as defined herein, for a designated private use authc�riz�d by the commissioner of natural resources, shai� be exempt, &�c�: l�-Subd. 147' Railroad rigl3t-of-way. A strip of land with tracks and .a�iiiary faciiities for track operation, but not inciuding depots, loading platforms, statian, train sheds, warehouses, car shops, car yards, locomotive shops or water towers: � St�d:l�Subd. 148 Reach. A hydraulic engineering term to describe a Iongitudinal segment of a stream or river influenced by a natural or man-made obstruction. in an urban area, the segment of a stream or riuer between two consecutive bridge erossings would most typically constitute a reach. ,&��1�3Subd. 149 Recreation, commercial ���eationa} faciliiies whi�� are operated for profit or render a service which is custom.�'ily con��exed as a business. C--��,�a.��Subd. l5Q Recreation, resideri���:k �P�ay apparatus such as swing sets and slides, sandboxes, poles for nets, picnlc tables� �awn chairs, barbecue star�ds, and similaz � equipment or struetures, when used c� ��;r�i.;�[I property, but not including eieetronic towers, tree houses, swimming pools, ���ouses ex�eeding twenty-five (25} square feet • of floor area, or sheds utilized fc�` s�€.�'age �f equipment ��-�-�Subd.151 R uses that can be driven, travel trailers, snowmQ other similar vehicles. t '�veh�cles (RVs). Vehicles for reereationai ar utilitarian �Ied. Including, but not limited to, rnotor homes and cainpers, all terrain vehic}es (ATVs), teni trailers, or -sino� �� . . � . . . � . . . . . . . &��Sabd. 152 Recreatronal vehicles (for the purposes of Section 1335 oniy}. A vehicle that is built on a single ehassis, is 400 square feet or less when measured a# the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a perrnanent dwelling hui as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of Section 1335, the term recreational vehicle sha11 be synonymous with fhe term travel trailer/travel vehicle. (Added os/os/IU) 5��--1�-�Subd. 153 Recreational VehicIes, Utility Trailers, Riding Lawn Mowers, and Watercraft Height. The distance as measured from the groUnd to the highest point of the recreational vehicle, utility trailer, or watercraft, including any covering, as stored. This does not including antennas and utiiityfrnechanical systems provided they are accessory and take up no more than ten (10) percent of the roof surface area. RVs and watercraft on a traiier shall be measured as ane. (Revised 02/o�/D8) �.J Section i 305 - Ru}es, Scope, lnterpretation & Definitions Adogted: November t3, 2006 Page 18 of 29 t . t . � �. . � ... .. � . � . � ' �.. .:.: i � 'f, . -.- ; � ;;:, ,, u :., ' �, ' City of Arden Hitls Ch�pter 13 Zonmg Cod"e � ��: ��8Subd.154 Recrealio�al 't�ehicles, LJt�3ity Trai1"ers, Ridi�g Law� Moijv��, a�td: � � W a�ercraft Length. The distance as' meastired frorn end tc� e�r� o� t�ie recreat�ci��I v��i�c�e, �ztiiity �raiier, or watereraft, including any hitch, mc�tor; and cover�ng, as stbred� 'R�s a�c� watercrafE c�n a trailer shall he �rieasured as one. (Revised �2/t�7/lts} , � � � �� ,��� , � � ; � �� �����<�'� � �`':'" r ��'i �.-q�r���. :«' . . �: ! w� a� � s� �, �� ��r. �� �� �� � � :,: . ....... ,� � � _ . . .. . � ,� � f�� � � � ' �, �� :�� �,.�,,s ��*, � "�:Y�� ,.:��% � � � � � � c„'����°Subd.155 Regional flaod. A flQod t�hich is representative o�' large flaods kr�Qwn to have occurred generaily in Minnesat�.�nt��easanably characteristie af what can be expected to occur on an average ` fret��ency iri�� ��e rnagnitude of the ' 2 00-year rec�arrence interval. Regional flaod is sync�ymcx�ts with �ihe term "base fload", 1 percent annual chance flaad, or i 40-year elevatio� {-� � � S�c�-��9Subd. 156 Regulatory flc� ���e�t��in elevation. The regulatary flood protection eleva#�an shall �e an elevat`r�:. �o liiwer than one foot above the elevaticin af �:.>:: ihe regiona3 flood plus any incr�� in �od e}evation caused by encraachments on the flood plain that result from de�tgna�,��`a�flciodway. {�ctrterras�ost7�} . - ,,:. � �,.,,,,.:,..,i ...a,,,t3,.,..,;n.,t „t�,a,. �n;on�� � � � ��1��-1�Subd.157 Research aru�na}s. Animals kept in a labc>ratory setting for the pur : pose af testing and research related health eare producis. �<�-�-�-3Subd. 15$ Researeh and t3eveloprnen€ facility. Establishmenis which conduct research, development, c�r contra�ted pradt�etion of high technoic�gy electrc>nic, industriai, Qr scientific products gr commodities fgr sale; ar establishments conducting educational or medical research ar testing. R�ay include limited acec�mmc�dations for researchers or research subjeets. Research with animals is considered a separate �ategory. {Added 7/1'4!X �) S�b���4Subd.1S9 Residence hall, dormitQry. A building desigr�ed far or used as group living quarters fbr students of a high school, coliege, Ltl]IY�TSi�}' or seminary, Section 1305 - Ruies, Scape, lnterpretatian & I?efinitions Adogted: November l3, 2406 Page l9 of 29 . , .`. City of Arden Hills Chapter l3 Zoning Code .' . org�nized and awned, or Ieased in its entirety, by a high school, college,. ui�vers�� or ' seminary. (Added 7114/If1} �: � �u�►d:-=�Subd.lb0 Residential facility, Any Iicensed faeiiity> p�zb�ic or private, �vhieh. far gain or otherwise, regu�ariy provides one or more persons with �a twenty-€owr (��#}, hours per day substitcx#e for care, food, lodging, trairiing, edu�ation, su�ervisic�n, habilitatian, rehabilitatior� and treatmeni they need, but which for any reasor� caniiot be furnished in the person's own horne, ineluding but not lirnited to,` state in�fitutions u�der the contral of the cammissioner of public welfare, foster horri�s, r�sidenti�l treatment eenters, matemity sheiters, group hornes, resider�ti�� programs, or schoois for handicapped chiidren. ( ��-�rd:-1�6Subd. l61 Restaurant. A business establishment whose priricipal busine�s is the preparation, serviee and sate af food and beverages to be conswned by eus#om�rs while seated at tables or counters Iocated within the building on the premises. � S�r�'�Sabd.162 Restaurant, fast food. Anyn�staurant which ineets a nurnber of the follawing requirements: A. Customariiy provides quick..�ei-vi�� to its eustomers; B. C3ffers ta its customer�r..a limif� ,nstandardized menu of inexpensive food andJor beverages- . :,_ , ::::- � C. Serves its custoz.�er� frorr�.: a caunter Ic>cated within the building on the premises and do� not. ���p�ariiy affer service at the table by waiter or .,:„�. waitress; :, � :� D. Allows �stomei� to �consurne their orders of foad and/or beverages at tables or coi�,ers vu.�hin the builciing, in their automobiles parked on the >� ._. premises, or aw��;,�in the premises as the custamers choose; F., Packages and services a substantial propartion of i#s food andlor beverages in disposable wrappers, containers, cartons, baxes and bags; F. Pravides a number af trash, litter, or garbage eans in the parking areas and within the buiIding on ihe premises far the deposit o#' the dispasable pac�Caging in which the faod andior beverages are provided; G. Prepares and coaks a substantial proportion of its foad in volume, in advance of orders by customers, and ust�ally in anticipation of predicted voiumes af customers at certain times of the day; H. Specifies the items of food and/or beverage offered to customers on signs, piacards, posters, valances, or boards pasted in canspicuous places thx-aughout the building rather than an printed menus given to the eustomers; � Section 1305 - Rules, Scope, Interpretation & Defrnitions Adopted: November J3, 2f�6 Page 20 of29 Gity of Arden Hitls Chapter l3 Zoning..Code' � : ,- I. Ger�erates a hig� vo�ume ar�d rapid flow of in-and-out traf�ic because Qf'its quick serviee mc�de of operation. _ ����BSubd.163 Retail sales and services. Stc�res and s�c>ps sei�ing, rer�ting or �easing goods for uses away frorr� the point of sale flr c�ffers servic�s �vaiiable €�� the premises. Includes the fc�ll€�wirzg: antiques, art and' school supplies, auta accessories, bakeries, bicycles (not motarized), boalcs, staticrnery, ear�dy, came�a and p�atographic supplies, carpets ar�d rugs, china and glassware, e�c�ihing and �ostum� rental, custom dressmaking, department stores; drugs, d�Y goods, electrical and household appiianees, sales and repair, flarist, food, fizrniture, furrier shc�ps, garden supplies {year-raund operatian only}, gifts, hardware, hats, hobby shops, interior decoratir�g, jewelry, leather goods and ]uggage, l�cksmith shops, m�sical instruments, office suppiy equipment, optometrists, paint and wallpaper, phonograph records, sh€�es, spo�-ting ' gaads, tobacco, toys, variety stares, wearing apParel, and sirnilar type uses. Motor vehicle sales, motor vehicle leasing and rentals, exteriar equipment rent�� ar�d saies lats, repair garages, t�awn shops, and open sales lots are not included in this �efinitian of retail sales. �5��-G�Subd. 164 Roadway. The eniir����of a p�uate sireei a�d that partion of a public street extending fram the back of �� ct�b {i.e., 'the curbiine} an crne side ta the back of the curb {i.e., the curbline} an the'��e.��ide, t�sed prirr�arily for vehicular traffic. � - ,:.. S�c�-'�BSuhd.165 Schools, bus t���. .�+c�ioc � y.. space engaged primarily in the tr��rEatron transportatit�n of studer�ts. 4===''::'{;:_ �'��;«: � S��-�-�Subd.16G �chools, �.e�i�ral educatian. secandary schools. :;:- ��'';in _;:�:::> :,;:=�' .. . ��>:��k ,,�: � e„'��,n��Subd.167 ���c�c�ls, '�igher. edueatiot�. >l bus terminal shall be a building or and activities associated with the N�rsery, pritnary, elementary and Junic�r colieges, colieges and universities appraved by �� �"innesota Higher Education Coordinating Bc�ard f€�r the Min�nesota Department vf Education. �t�cl; 1-�S�bd.168 Schools, speeial education. Trade, vocationai, business, barber, beauty, art, m�zsic, dancing, driving and other prafessional sehoa3s, with or wiingut 4n- S3t� }20US3i2�. ����4Subd. 169 Service statian. A place where gaso3ine, kerosene, diesel ar vther motor fuel or lubricating oil 4r grease for operating motar vehicles are offered far sale tg the public and deliveries are made directly into motor vehicles_ Includes greasing artd oiling, one-bay rnotor vehicle wash ar�d the sale of autoinabile accessaries on the premises. Also includes minor repairs, ineidental bc�dy ar�d fender work, minor paintir�g and upholstering, repiacement �f paris and motor services to passenger automobiles and trucks not exceeding ane a�d Qne-half (].5} tons capacity. It s�iall nat inc]ude major general repair, rebuilding _ or reconditianing of engines, matQr vehicles or trailers; � Seetion l 305 - Ruies, Scope, l�€erpreiation & De�nitions Adopted: November 13, 2406 Page 21 of 29 City of ArBen Hilis £hapter 13 Zoning Code • col}ision service, inclUding body, frame or fender straightening br repair; overall painEing �' ' or paint job. � � �-•�-�n�?�Subd. 170 Setb�ck. The minimum horizontat distance between a sEruettire and the ordinary high water }evei or between a structure and a road, well, highvvay, or property lines. � 5���-1-�bSubd. 171 Setback, minimum buiIding. The rrtinimum horizontal distance allowed by this Code, between a structure>and a lot line. - � C-�'��TSubd. 172 Shore impact zone: The land `located between the ordi�ary high water level and a line parallel to it at a setback of SO percent of the structure setback. (Revised 02/22/10) � �-�SSubd.173 Shoreland. The land }ocated within the foliowing distances from protected waters: � A. One thousand (1,000) feet fromE. `€� ardinary high water mark of a lake, pond, or flowage; and ;�.;> - B. Three hundred (300) feet �`r€�m a� �'iver or stream, or the Iandward extent of a flood p}ain on such rivers or stre�s? whichever is greater. C. The practical limits where the limits are,� as shown on the o�cial ar�2�s may be less than the statutory �imits natural drainage divides at lesser distances, �p of the City. � SuHd: ��3Subd. 174 S�cl�w��.� �`'���:.�ard surfaced public or private way, used primarily for pedestrian traffic. :<= - � � 5��88Subd. l75 Sigri'=�::.�..�ame, identification, description, display, logo, ilittstration or device whieh is affixed to, painted or represented directly or indirectly upon a building or other surface ar piece of land, and which directs attention to an object, protluct, place, activity, person, institution, organization or business. Strbd:-�S�-Subd. 176 Significant tree. A tree that is irnpartant to the site and the neig�borhood character. that is swcturally sound and healthy, and that meets at least one of the following standards: (Revised o4/28/48) A. A deciduaus hardwood tree that is at least ten ( l 4) caliper inches, includ�ng but not limited to, ironwood, catalpa, oak, hard maple, walnut, hickory, birch_ black cherry, hackberry, locust and basswood. B. A deciduous softwood tree that is at least twelve (12) caliper inches, inciuding bnt not limited to, cottonwood, poplars/aspen, box elder, willow, silver maple and elm. i � Section I 305 - Rules, Scope, lnterpretation & Definitions Adopted: November } 3, 2006 Page 22 of 29 >, City of Arden Hills Chapter l3 Zoning Code >. � C: A caniferous evergreen tree �aving foliage o� ihe outermost pckrEir�� +��the hranehes year-round a�d whi€h is at least fifteen ( l S) feet c�r more.in heigl�t� D. A grc�up of deciduc,us trees tliat are at least eight (8} caliper inches' or coniferaus trees that are at Ieast fif€een {IS) feet in height, that provide a buffer or sereening along an adjacent public street or between differing la�id uses. � �d: l��Subd.177 Soi1 grocessing. The processing of sand, gravel or t�ther' mat�rials mined �'rom ihe land. � £+�-�-: -l-�Subd. 1?8 Staging Area. Any exterior area thaE is used tc� load, unlaad, stack, pile, store or assemble materiais, equipment or vehicles to be used either an site or'off site. ' � ���--�4Subc�.179 Story. That portion of a any floor and the surface of the floor next abo; between such flaor az�d the ceiling next abov�.=i1 ing inc3uded hetween the surface of �r, if no such floor abave, the space ..:;: � ._ � �t�--�-�SSubd.180 Story, half. A spa��,�i�1er a sloping roof which has ihe line of . intersection of roof decking and wall #'ace not �e than three {3} feet abave the top floor level, and in which spa�e nc�t more t�a.n'=€�„�r�hz�'i�s (2l3} af ihe floor area is finished far � use. A half-stary cantaining independe�.�parti�i�ent or living quarters shal} be counfied as a full story. ... __ .-... � �re�: �#�St�bd. 181 Streets way of a roadway and in. t��=� of which may conia��`� a s desi�ated as a sireet, ���:�u� place or however t�therwi� classificatit�ns: I""1 l�_.1 �ubi�c or private way, cc�nsisti�g in the ease vf a pr�vate �.a.gubl�c way of a roadway and a ix3utev�rd {the latter Talk}, used primarily for vehicular iraffi�e, whether rkway, rt�ad, lane, ihroughway, expressway, highway, igr�ated. The term "stz-eets" inciudes the fo�lawing A. Collector street. A street whieh carries traffic from lc�eal streets to streets and highways of higher classificatiar�s. It provides far bc�th land ac€ess service and lacal traffic movements within residential neighborho4ds, comrr�ercial areas and industrial areas. B. Cul-de-sac_ A street with a circular turn-a-round and only one c�utiet. C. Local street. A streei of limited cantinuity used primariiy for access ta ihe abutting prc�perties and the ]ocal needs af a r�eighbonc��od_ I7. Miz�or arterial. A street system that interconr�ects with and augme�tt the urban major arterial system and provide service ta trips of mc>derate 1�-ngth at somewhat Iower level af travel rnobility than major arterials. This systern Section } 3t}5 - Rutes, Scoge, lnterpretation & Definitic�ns AdoptecC: Navember l3, 20Q6 Page 23 of 29 � City of Arden Hi}Is Chapter l3 Zoning Code ' ` disfiributes travel to geographical areas smaller than �ose ider�tified vuith the . �, higher system. t E. Major arterial. Usually a divided highway with four (4} or mare Ianes and serves the major centers of activity of a metropolitan area, th� higliest traffic volume corridors, and the longest trip desire. The mayor arterial carries a high -' proportion of the total urban area travel on a rninimurn mileage. AImast all fully and partially controlled access facilities are a part-of this class. F. Expressway. A type of major arterial with a eontrolled access roadway and expressway ramps to provide ingress or egress ta other levels of stree#s. The use of expressway ramps allows the uniform flow of traffic on a rnajor arterial highway withovt undue delays. � � ��B�Subd. 182 Structural alterations: Any change in the supporting members of a buiiding such as bearing walls, calumns, beams or...girders, or any substantial changes in the roof and exterior walls. . ( �-�-88Subd. 183 Stn�cture. Anything 'construet�� the use of which requires a permanent location on the ground or a�aehr�nt to something having a permanent location on the ground, inciuding, but nof������d to, buildings, factories, sheds, detached . --<:::;>.. - garages, cabins, manufactured homes, s�gns�;,,recreational vehic}es nat meeting the exemption eriteria otherwise specifiec� %�t ��� �nirig code, and other similar items. � ` &��-&9Snbd. 184 Structure�::��essor�_.. A detached, subordinate structzue, the use of which is incidental and relate.� to tl����ie principal use of or principal structure on the lot on which it is located. � >h;�.; � S��-�BSubd.185 ���ucture, multiple-occupancy. (See Multiple occupancy building). = { S���Subd. 186 Structure, principal. The predominant structure upon a lof in which the principal use of the lot is conducted. �-�'��.�zSubd.187 Strueture, temporary or portable. A structure which is not intended for permanent occupancy but which may be suitable in eertain situations �'or specific periods of occupancy pending either construction of permanent facilities or a change in conditions that will eliminate the need for the temporary siructure. Portable classrooms, portable offices and air-supported structures are examples af temparary or portable structures. � 5��:-�-1-3Subd.188 Stvdios. A building or space within a building where professional artists, musicians, photographers, dancers, designers, etc. practice their profession or teach; display and sajes of pmducts used or produced in the profession is considered an accessory use. . � Section I3Q5 - Rules, Scope, lnterpretation & Definitions Adopted: November l3, 2006 Page 24 of 29 City of Arden Hills Chapter 13 Zoning Code � �rd�-�-�4Subd.189 Substaniial damage. Damage of any origin sustained by a stnzciure � where the casi of restoring the strt�cture to its before damaged ct�r�di�i�n'v�aiilci equal: c�r exceed 50 perceni afthe �arket value afthe structure before:the d'anmage occurred. {Added OSlf/SlI4J � �:--1-�Subd.190 Substantial impravement. (Added DSl(i5/]0) Wit�1i� ally CU11SeCutiv� 3fiS-day period, ar�y recanstruction, rehabilitation (including r�ar�al i�iainier�an�e aund repair), repair a�ter damage,: addition, or other impravem�ni of a st�uct�tt�e, the cost +�f which equals or exceeds 50 percent of the rr�arket vatue of the structure bef�re the "start af canstruction" of the improvement. This term includes strc�ctures that liave incur�ed "substantiai damage," regardless of the actual repair work perFormed. The term does not, however, inclucle either: A. Any prQject for impravement of a stn�cture ta correct existing violations of state or local health, sanitary, or�safety cocle specifications which have been identified by the local cade enfQrcernent..afficial and which are ih� minimum necessary to assure safe living conditlo�s. <�><:�->:: $, Any alteration of an "histonc st�ructure;�' �rovided that the alteration will not preclt�de the stntcture's con��ued_<s�esigr�a�ion as an "histaric stre�cture_" Fc�r the purpose of this 4rdinar�-�, "��storic siru+��ure" shall be as de�ned in 44 Cade of Federal Regulatic�ns, �:;59.1. ' � � &�--�6Subd. l91 Tower. AnY P which an anienna is attached, 4�..::�� suppclrting lines, cables, wire� a�d.:�� radio (including ham radio aric�<:���i a vvindmill, and a wind-po��:-�ei��� � ���#-1-'�,Subd. l92 'T��n] ingress and egress, cc�ntairis=> to o#her similar dwellings by •e�`or stracture, or any combinatian thereof, tQ :signed for an antenna i4 be attaehed, and all including but nat �imited to a free-standi�g transmitting} or television receivi�g ante�a, A single-family dwelling, whieh maintains private �endent dwellings above or belQ�v it, and is attached �on walL S�= �-9$Subd. 193 Use. The purpose for which land or pre�nises or a building thereon is designated, arranged or intended? or for which it is or may be occupied or maintained. 5����9Subd. 194 Use, accessory. A use which is incidental to the principal use of the lot on which it is maintained ar canducted. ��-�88Subd.195 Use, principal. The primary or predominant use far which the lot and structiure, if any located thereon, is eonducted or maintained. ! TSS���Subd.196 Use, principal multiple-operation. A business or indusirial operation which consists af twQ or mare distinguishable uses, a21 of which are dependent upon each other, but none of which is predaminateiy or clearly the principal use and alI � of which are generally compatible with the perrnitted allc�wable uses in the district. Section i 305 - R�les, Scape, lnterpretation & I}efinitions Adopted: November i 3, 20�Fs Page 25 of29 City of Arden Hiils Chapter 13 Zoning Code � ��Sabd. 197 Use, conditional accessory. A use whiclr is both ati acces5€�ry use � anc}` a conditianal use and which, after due consideration by the Cornmission and Eounci�, pursuant to the applicable procedures contained herein, may be allowed as an accessory use by Conditional Use Permit granted by the Council. �' 5�:2�Subd. 198 Use, conditional principaL A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the eom�nission and council, pursuant to the `applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit: be granted by the counciL Includes temporary uses which require conditional approval before being aIlowed. {: &��84Subd. 199 Utility distribution lines. The distribution facilities of electric power, gas, water and eommunication companies which directiy serve abutting properties. <;fi'� ,<»�. ( S��-�Subd. 200 Utility substation. A str�tt�used far the relay or distribution of electric, water, sewer, telephone, etc., service,�: ( S�b�86Subd. 201 Utility transmissio�``�=:���s: The transmission facilities of eiectric power and communication eompanies,which ��>�ot directly serve abutting properties. � St���Subd.202 Utility trailer. purposes that can be towed; s�c�=::; irailers} ar other hauling trail��. (R� pment used for recreational or utilitarian ial purpose trailers (i.e. boat traiiers, ATV 5��98Sulid. 203 Uti��<=��hic�.�:. A vehicle, with or without a motor, andror adapted for temporary living, ::�eeping, �usiness or storage purposes; having a frame, but no foundation other than ��v�els, ���cks, studs, jacks, horses or skirting, which daes not reach or meet building cod�e�>�uirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers. recreation vehicies, farm tractors, riding yard and garden tractors a�d trailers. A permanent foundation shall not change the character of the vehicle. � �B�Subd.204 Variance. A modification or variat�on of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard not stated as acceptable in the official controi, but only as applied to a particu}ar property for the purpose af alleviating a hardship, practical difficuity or unique circumstance, except that modification in the allowable uses within a disVict shall not be allowed as a variance. (Rev�sed os/Osf1o} ��9Subd. 205 Vehic�e wash. A building, or portion thereof which principal use is the washing of vehieles. � � Sectian 1305 - Rules, Scope, lnterpretation & Definitions Adopted: November I3, 2U06 Page 26 of 29 City ofArden Hills Ch�pter i3 Zoning Cade � � � £�c�-�-�-Subd. 2Qb Vehicle wrecking yard. Any open space where three (3) c�r more used motori�ed vehicles are stored whach dc� not passess curret�t state auio licenses. �+�b��Subd.207 Wazehousing. The stc�rage ai�d distribution of materials .or equipment within an enclosed building, bnt not including personal storage facility. �x���� �rr4rrQ1 &�+�:-�-�Subd. 2Q8 Watercraft. Motorized water-oriented vehicles inciuding, b�i nt�t limited to, power boats, cruisers, jet skies, �shinglhunting boats, pontaon boats, and any , non-motorized craft with greater ihan a iwo person capacity. This definition excJudes ` - � non-motorized one and iwo persfln crafts such as canaes, kayaks, and paddle baats. {Revised d2/ll7/4&) 5��: 2�4Subd. 209 Waterfront uses. Boat docks and storage; water re�reation ` equipment and other uses normally assc�ciated with io lakeshore property. �+��Subd.214 Weilands. Transitional la.,.�=iying areas betureen tenestria] anci ac�uatic systems, either created or natural, cover�;��th shailaw and sometimes temporary or interrnittent waters as defined in the United:�tates�.�sh and Wildlife Service Circiulator No. 39. This includes, but is not lirnit�� to_�. swamps, rnarshes, bogs, slou�hs, wet meadows; and shallow Iakes and ponds w��:.er�€+ergent vegetation. {Reviseri t�2122/I(I) E &��: 2-�6Subd. 211 Wetland alterat� � wetland andlor wetland buffer strip �n darriming; alteratian of the wate,�-�ur water; appropriation of water,:�an�.�: wetland ar wetland buffer �z�:::;th�ir � Vegetation plantings or s���aye��:�lea weeds, unless within a .;praina��,arii��� written appraval by the��it� is re��ire �3�;;___�tera�on af a wetland includes changes ta tl�e �ga��s �� size, depth or contour; dredging; tilling; se, �itching; titing, grading; draining; discharge of ; in �:�getation; or otherwise aItering or destroying a '�'iiii�'ctians. Alterations would not include Native ring ar pruning af prohibited ar restricted noxit��s Utility Easement in which case submissian af a7nd d. �,�d�e� a�a�ro� S��-2�Sabd. 212 Wetlari��'buffer strip. An area of vegetated ground caver arou�tc� the perimeter of a wetland that, either in its natural condition or through intervention, has the characteristics af buffering the wetiand from surrounding landscaping_ {Added ozi22ilo) ,�A�Subd. 213 Wetland delineation. An assessment toal utilized to determine the baundary of a wetland using the US Army Corps of Engineers Wetland Delir�eation Manual (January 1987} as well as any additional boundary deterrnination requiremen�s established � in Minnesota Ru1es Chapter 8420. A"Wetland Delineation Repart" is a document that summarizes the observations, results and conclusions performed during the assessment when wetIands are present. (Artdert o2/22�10) S�b��-�Subd. 214 Yard, front. A yard extending aiong the fnll length of the front lot line between the side }ot lines. � Section 13U5 - Rules, Seope, 3r�terpretation & Definiiians Adopted: November 13, 2006 Page 2'7 of 29 City of Arden Hills Chapter 13 Zoning Code �` ��9Sut�d. 215 Yard, minimum required. T'he minimum open sp�ee ex%ndirig � between a minimum building setback line and the adjoining lat line in u�ic�i a ptineiple < building may not be placed and in which accessory buildings may only be p�aced as regulated in this Code. � :) S�b�:-��Subd.`216 Yard; rear: A yard extending across the full width of the Iofi and measured between the rear Iine of the lot and the rear }ine of the main building. ( S���Subd.217 Yard, side. A yard between the building and the adjacent sideline of the lot and extending from the front yard to the rear yard. � S���Subd: 218 Yard Area, reyuired rear. The minimum required rear yard depth multiplied by the average width of the total rear yard. i __ - 1 Section 1305 - Rules, Scope, }nterpretation & Definitions Adopted: November 13, 2006 Page 28 of 29 _ City of Arden Hilts Ch�pter 13 Zoning Code ��' ��4Subd. 219 Zoning map. The map or maps incorporatecl into this Ci��. as a : pa�t hereof, deiineating the zon�ng districts. ; � � '�::::3:;- Section l 305 - Rules, Scope, tnterpretation & Definitions Adopted: November 13, 20(l6 Page 29 of 29 � Attachment E�cerpt� from Section 1� 2 0, I3istrict Provisions -- Black-lined Version � � �EN HILLS of,4rderr Hills Courrci111�eeting, far .lanuary- I0, 2011 � Ciiy of Arden HiIEs Chapter i3 Zoneng Code Section 1320 — District Pro�risions 132QA1 Establishrnent of Districts. T`he zoning disiricts designated herein are hereby established sQ as to assist the City in camring out the intent and purpose of its Comprehensive Develapment Flan for the Citv and to control deve3opment in a manner consistent with the prQuisions af adequate public services and utilities_ 1324.02 Designation of Zoning Districts. For the pUrposes of� this Cc�de the City of Arder� Hills is hereby divided inta the follov��ing zoni�g distracts: R-I R-2 R-3 R-4 B-1 B-2 B-3 B-4 NB CC GB I-i I-2 I-Flex PUD MB 132Q.Q3 Allowab}e Uses_ Single Famihr Residentia� District Single anci Tvvo-Famil�� Residentia] District Townho�se and Low� Densitv Muitiple Dwellin� District Multiple Dwellin� District Limited Business District CeneraJ Business District Scrvace Business District >;:' . Retail Cenfer District NB District Civic Center Distric�' Gatewav Business T7���r:i�t Limited )ndustri:ai;.1,)istric�::: ___ _ __ _ __ . Genera� Industri��l i�i�f�ic� 1-Flex District Planned;_�nit`Devel�i�ment Overlay District allauFe� in anti district. Subd. 1 Permitted Priric�pal Uses {F} - Those uses that are altowed as a rnatter of right and multiple operation uses. as definet� herein. if at least ane of the aperations is a permitted �se and nane of the operatians is classified as a canditionai use. Permitted multiple family residential, business or industrial uses are required to submit a site pian in accordance with the requirements in Seetic�n l 35�. Subd. 2 Conditional L�ses {S) - Thase uses that are al)owed c�nly a�ter issuanee af a Conditional Use Permit as required in Section 1�55. Conditional Uses may included those uses that are: A. Listed as eonditional uses on the Land I.)se Chart {) 320.05} �� Section i 320 — Disuict Provisions Adopted. November l3_ 2006 Pa�e 1 4f 63 . City of Arden Hills Chapter I3 Zoning Cade E. Slaped Roofs shal# be utilized on ail principal and accessory structures. Raafing materials and design sha�I be consistent with thc�se fo�nd in the � adjacent residential nei�hbarhoods auiside the neighborhood business district. F. Exteriar Materials shall include only face brick, stone, glass, ar natural wood pmducts. Al] �va1ls shall be treated with the same exterior materials. G. Lighting shal� adhere to the reqcairements in Sectian 3 325.05 Subd 3. Lighting shali not be permitted ta wash the building, exeept for accent lighting ta delzneate the tnain entryway into the building. Secur�ty and parking lat lighting sha11 be on pedestals not ta exeeed fourteen ( l 4} feet in height. H. Trash shall be fu11y screened in a masonry enciosure or shall be stored within the prineipal structure. I. �ending Machines sha11 be iocated an the interaor of the principal strt�cture. 1. Bicycle Racks shall be prov�€�ec1� �:�.:an area that is canvenient to the main entryway into the bualdin�. ;_ = K. Sidewalks shall be L. Gateways, where site. The 1985 Par] ;:::<:>-.: Plan provide add��o� to a}t public rights-of-way. should be incorporated anto the ]ayaut of the n Feasibila`ty Stndy and the Comprehensive � on the incarporation of gateways. 1320.085 Special Requirements for C�'i�:::�3-2 General Business District. The $-2 General Business District eneampasses a primary::::�€�ay<-�:�t��a the City. The aesthetac and transpartation impacts from new developments and;:�>�'edevelc�tments must be evaluated to help ensure the lang-term viability and success of the B-�:::::�istri�: Aceamplishing the purpQse of the B-2 District requires particular concern for the desigai'`��._::�iuildings, site features (s�zch as landscaping, lighting, and signage}, site ]ayout, building rnaterials, site design, and other related design elements. 1'o that end, new� development and redevelopment shall conform ta the standards in ihis and reJated zoning requirements. The "G�iding Plan for the B2 Distrtet" shall act as a guade fflr deve]aprnent but is noi part of the Zoning Code. In reviewang and approving land use applicatians. the City Councii shall make the final determinatian on the eampatibility and consistenev with alI pravisior�s in this and related seetions of the Zoning t)rdinance. {Revisect 12t3t2t�os) Subd. 1 Pracedure. To further ace4mplish the stated purpose af the B2 District, the follawing prc�ced�zres shal] be �sed: A. Proposals far new canstruction, redeve]opment of a siie, and si�ni�cant rnodiiications 2c� existing sites shali use the Planned Unit Developmer�t (PllD) process. The PUD praposat sha11 identify any requestec! m4dificatians fror�n the applicable zoning requirements and fra�n the "G�idin� Plan for the B2 Disirict'' as well as the reasons why the modif cations would be in the public Section 1324 — District Provisians Adopted: Navember 13, 2006 Pa�e 16 of 63 � City of Arden Hilis Chapter 13 Zoning Code interest and would be cansistent with the pu�pose of the B-2 Distriet. Modif cations to these reguirements may be granted by the City without a � variance through the PUU process. Conditional use permits may also be required f4r uses list in Sectian ] 320.05. $. Conditional Use Permits, Sate Plans, and other deve]opment agree�nents that �ere approved for development sites before I�lovember 24, 20Q8, sha]] remain in effect but shall use the Planned Unit L;evelopment Process for future site amendments. C. "The following itesns shall not be considered significant modifieations ta an existing site and shall be exempt from the PUD process but shall be subject to administrative review and approval: (i} Internal alterations ta buildings that do not result in a change to the building height, roof Iine, ar foatprint unless the c�anges wil] have a notable increase in traffic anci��r parking needs as determined by the Carr�muniiy Developmeni Dire�eior or iheir designee; (ii) Replacera�ent, maint��ance. or'�pair of existing materials, including exterior finishes, signa�,e� lat�scaping, and parking lats; � (iii) Minor modifi�_ations'` ��;;;;the exterior af a bnilding or a site that substantially confoi`�s `ta:;:�;,_design standards in Section 1325 and has na discernable im�act`<:c>n traffic as determined by ihe Community DevelopmenL:>�7fi���ctor ��_ their designee; D. The pravisio�::'in this Section may be modified by the City Council to :.,::;->... allow pla��i7rig:;_.#�lex�:bility without the need for a variance to eneourage cooperai�`ve dial�ue between the applicant and the City. Minor improvei�r'i�:�Is tq;:�xisting uses shoUld be encauraged without costly upgrades or complete `c��ges to a site. Subd.2 Uses. A_ Permitted uses (as specified in the Land Use Chart_ Sectifln 132Q.05, for the B-2 District} that occupti° existing buildin�s do not require a conditional use permit prior to occupancy. C)ther city permits may be required. I3. Conditional uses (as specifec� in the Land Use Chart, Sectian 1320_O5, for the B-2 District} require an approved conditional use perrnit prior to occupancy. Other city permits ma}' be required. C. The following Iand uses are not campatible with the stated purpose of the B-2 District and shall be prohibited: � Section t 320 — Uistrict Provisions Adopted: November 13. 2006 Pa�e 17 of b3 City of Arden Hilts Chapter 13 Zoning Code (i) Individual retail businesses larger than 50,044 square feet except for Sports and Fitness Clubs. (ii) Open sales, rentat or starage lots, inc}uding but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, trailers, boats, mobile homes, machinery, }umber, btailding materials, and similar items. Approved open air garden centers shall be exempt. (iii) Mini-storage facilities; (iv) Tattoo parlors; (v) Consumer Smal} Loan establishments; (vi) Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products; and, _ (vii) Manufacturing or a valid Hazardous W Public Health Departrr generates hazardous waste without license from the Ramsey County � Subd. 3 Special Regulations fQ.r.... Drive=up,_ Windows, nri�,� ;^ '�.,�;����'��' ^~a �^"+ �' a���+^„r�^*�-. Section 13�5::(��'<:::��:.__:_Llie Zoning Ordinance specifies additional requirements for �i '� '���ee�' r�c*",Y�^*c.drive-up windows and � automobile service stations:;:=`��« *� �• ^�''�� R`' n;�*ri^' '''�Q �"�-'t;^"" "'"'" iuuv�i �::;;::� provision whereby the proximity requirement of one thousand three hundre�:::::�iid twenty (1320} feet between �'ri��� �^ '��•����cc�c, � �' �' � * * a:i�ri�:_;up��v�ndows may he waived if the following conditions are � met as determined �� the Cit�::Council: A. The archif�`ural treatment, circulation p1an, and signage system of such businesses shall be designed to visually and functionally integ,rate the building and the site on which it is located_ B. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduce the safety of non-motorized movements, specifically pedestrian and bicyclists. C. Requested modifications to the provisions in section 1325.04 shail be stated in writing along with an explanation of why the modifications would he in the public interest and would be consistent with the purpose of the B-2 District. Subd.4 Hotel/Motel Additional Conditional Use Permit Criteria_ In addition to meeting the requirements of Section 1345 and I355.04 Subd 3, hotel/motels shall conform to the fallowing: Section 1320 — District Provisio�rs Adopted. November li_ 2006 Pa�e i 8 of 63 � City of Arden Nitis C#apter l3 Zoniog Code A. Meet building code rec�uirements, B. Entrance to each raom shall be fram an indoor corridors C. Landscapi»g shall be braughl into conformance with section 1325.05 Subd l. Subd. 5 Design Standards. The standards in section 1325 shall apply. 1320.09 Special ReqUirements for the B-3 Service Business District. The aesthetic and transportation impacts fram new developments and redevelapments sr�ust be evaluated to help ensure the lang-term viability and success of the B-3 District. Accomplishing the purpase of the B-3 District requires particuiar cancern for the design of builda`ngs, site features (such as landscaping, lighting, and signage�, siie Iayout, building materials, site desi�,n, and ather related design elements. To that end, new development and redevelopment shall conform to the standards in this and related roning requirements. In reviewing and approving ]and use applications, the City Council shall make the final determinatian on the campatibility and consistency with alI provisaons in this and related sections af the Zaning Ordinance. (Revised 1 217 7/2008) Subd. 1 Proeedure. To further accomplis�:;;the stated purpc�se of the B3 District, the followin� procedures shall be used: � A. Proposals for ne� con�#�uct��n, redevelopment of a site, and significant modifications ta existing sife�:::�ial} use the Planned Unit Development (PUD) process. The PUD prc��osal s��l:;:,identify any requested madifications from the applicable zoning;;_: ret�i���e�ients as u�ell as the reasans why ihe modifications would be ii�:;��ie public interest and �uould be c�nsistent with the pu�aose of the,_����'�istri�t. Modifications tc� these requirements may be granted bv the:::�ity. �u���� a variance through the PUD process. Conditiona] use permits may`��o be required far uses listed ir� Section 1324,Q5. B. Carzt�itional U�e Pezmits, Site Plans. and c�ther develapment agreements that were'==�apra��d for development sites before December 8, 2008, shail remain in e£'fe�` b�t shal] use the Planned Unit Deveiopment Process for future site amendmenis. C. The falic�uring items shall not be cansic�ered sagnificant modifcations to an existing �ite and sha]I be exempt from �he PLID process but shall be subjeet to administrative review and approval: (i) Internal alteratio�s to buildin�s that dc� not result ir� a change to the building height, roof line� or footprint u7�less the changes witl have a notable increase i� traffic andlar parking needs as determined by the Community Deveiopment Director or their designee; (ii) Replacement, maintenance, ar repair of existing materials, including exterior finishes. signage, landscaping_ and parkin� lots; � Section 132Q - Distrirt Provisions Adopted: Novernber } 3, 2006 Page i 9 of 63 City of Arden Hiits Chapter I3 Zoning Code (iii) Minor modifications to the exterior of a building or a site that substantiaily conforms to the design standards in Section l 325 and has no � discernab}e impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd.2 Uses. A. Permitted uses (as specified in the Land Use Chart, Section 1320.05, for the B-3 District) that occupy existing l�uildings do not require a conditional use permit prior to occupancy. Other city permits may be reyuired. B. Conditional uses (as specified..�� the Land Use Chart, Section l 320_O5, for the B-3 District) require an <;::apprpved conditional use permit prior to occupancy. Other city permits inay be�r�q�ired. Subd.3 Special Regutations for in the B-3 DistriR requirements far a ' '�•���^���'t automobile service stations. :The j thousand three hundred and=��'t��nt ��p Windows�e-' R � ~�a ���'+ �:>. cti�Q� 1325.04 of this Code, specifies additional ��ve-up windows, � * f ^a ��',�„r^^'�' and ion whereby the proximity requirement of one 20) feet between ar;�>� ;^ '",�;���'���'. drive-up waived if the following conditions are met: A. The c���i�i�€�n '��nsists of one or more ����o������s, drive-up windo���- ���*`� �'' '""'^*" and is an integral part of a building containing`:;ane o�`:' more other allowed uses_ or the operation is part of an architecturalT� ��::::>�znified �� C�c�r �� � v�d�i�-n�--���E�—�e�f "—complex �. containing two or more businesses Usin� * ', f'� a ' ' � drive-up windows, �' ' '��"'"'�cn�c B. Shared access drives and shared parking are utilized by all such * + , �' * �' a * *.,,businesses usin� drive-up windows, ^-�-��- i�-�s��ess�s in said building or complex. C. Only one "-No��e-en �"—e� "�'�--�}—o��s� �"a�''�-o�building or architecturally unified complex containing two or more businesses usin� €as� �' ^a �*^„r�-�*�, drive-up windows, ^r��r�=a�-�^r o��3�� will be allowed in addition to one freestanding #� business using a drive-up window. • Section I 320 — District Provisions Adopted: November i 3_ 2006 Paee 20 of 63 City of Arden Hi11s Chapter i3 2oni�g Code y D. The architecture and the site, grading, circulation, landscaping, screening and signage plans shall unify the app�arance and functian of the complex or � building. � E. An architecturally unified " -as�—#'ee��--�e�" -e�- '�— �'��-==r—��==a�� ��complex may consist of one or mare buildings on ane or more parcels if the intent ofproviding a�anified appearance and funct�on is not corr�prom�sed. F. The applicant shall submit a circulation plan that demor�strates that the use will not interfere or reduce the safety of non-motarized mavemertts, specifically pedestrian and bicyclists. Subd. 4 Design Standards. The standards in section 1325 shal] apply. 132Q,10 Special Requirements for the B-4 Retail Center District. (Revise� 12/ 17/2008� Subd. 1 Procedure. To fi�rEher accomplish �e siated p�rpc�se of the B-4 District, the follawing procedares shall be used: .= � � A. Prc�posats for new >�c�nstructia�_ redeve]opment of a site, and significant modifications ;;.;��i ez��stis�g sites shall use the Pla�ned L1nit Develc�pment {PUD) or t�ie<::_�csndztianal lJse Permit {CUP) process. T�he pr4posal shall identify_�.y_.,reque��.�d modi�cations from the applicable zoning requirements as well a�.,,t�e::;t��ns why the modifcations would be in the publie interest and._woul�:;�e consistent with the purpose of the B-4 Distriet. Modifications t�=�tlie�e rec���rernenis may be granted by the City withaut a variance thrau�;h th�::`=�'�� process_ Conditional use per�nits may alsa be required for uses�=���'ied in Sectian l�20_OS. B. �ipnditiorii��: Use Permits. Site Plans, and other development agreemerif�::.:#hat,_�ere approved for development sites befare December 8, 2Q08_ shall rer�in in effect. C. The fallowing items shall not be considered significant madifieations to an existing site and shali be exempt fr�m the PUD or CUP process but shall be subject to administrative review and approval: (i) Internal aiterations �o buildin�s thai do not result in a change to the building height, roaf line_ or foatprint unless the changes will have a notable increase in traffic and/ar parkin� needs as determined by the Community Development Director or their designee_ (ii) Replacement, rnaintenance. or repaar of existing materials, including exterior fnishes. signa�e_ Iandscaping� and parking Iots; (iii)Minor tnodi�cations to the exterior of a buildin� c�r a site that confarms to applicable zoning re�ulations and has na discernabie impact Section 1320 - Disirict Prc�visions Adopted: November i 3. 2406 Paae 21 of 63 City of Arden Hills Chapter l3 Zoning Code on traffic as determined by the Community Development Director or their designee; � D. The provisions in this Section may be modified by the City Conncil to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and ihe City. Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site. Subd. 2 Permitted Uses. Due to the replacement, reuse or redevelopment nature of potential development in this district, the list of 1-2 permitted uses as of April 199}, that are not permitted in the B-4 District, will be allowed in buildings existing in April 1991 as permitted uses until redevelopment or replacement of the building or buildings housing such uses occurs. Such uses will not be al}owed in buildings constructed after April 1991. The permitted uses on the Land Use Chart, Section 1320.05, in the B-4 District will be permitted either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redeveloped buildings. Subd. 3 Uses AlIowed by Conditional i<��e�p�-mit. Due to ihe replacement, reuse or redevelopment nature of potential dev��opment `i�i:_>-this district, the existing I-2 uses allowed by conditional use permit a�`=��of �pril 1991 wilI be allowed to continue as conditional uses until redeveiopment or='�€�p�acement of the building or buildings housing such uses occurs. No new I-2 use�..by.con���onal use permit will be alIowed unless those uses are permitted or allowed by':�on�����t� use permit in the B-4 District. The uses allowed by Conditional Use Permit��<Q�q�'the Land Use Chart, Section 1320.05, in the B-4 District will be allowed by_��rid�'#ion�:.:use permit either as replacement uses in buiidings existing as of April l 991 _�:x as t�:::��:::�eplaced, redeveloped or new buildings. Subd.4 Special R:�gt���ti�ns==�=�ar Drive-Up Windows, n^„�'^ T�„�-;^��c�c ^a �'^c' �^^�' T���'*�„r^^*� i�:::�he B-�=:�?istrict. Section 1325.04 of this Code, specifies additional :.._� � �, � ,.,� ,.o�,.,,,...,,,�� requirements for ��£�._ �s�es��e�, drive-up windows. and aulomobile service stafi�� � The provision whereby the proximity requirement of one thousand three hundred and twenty (1,320} feet between ur���� �„ '�•�c���c��c, drive-up windows, ^�^�• �^^�' r��'t��,~^^'c may be waived if the following conditions are met: A. The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and fnnctionaIly integrate the building and the site on which it is located. B. The applicant shall submit a circulation plan that demonstrates that the use will not interfere or reduee the safety� of non-motorized movements. specifically pedestrian and bicyclists. C. Requested modifications to the provisions in section 1325.04 shall be stated in writing along with an explanation of why the modifications would be in the public interest and wou}d be consistent with the purpose of the B-4 District. � Section 1320 — District Provisions Adopted: November }3, 2006 Page 22 of 63 City of Arden Hil}s Chapter l3 Zoning Code 2. The development agreement may provide for several bonds cflvering � separate aspects of the PUD, the aggregate of which sha11 total one hundred twenty-five (I25) percent of aI] the improvements to be constructed and completed by the applicant pursuant to the approved PUD Final Plan, In this case, each bond required by the develapment agreement shali be filed no later than sixty (60} days afier PUD Fina] Plan approval. It may alsa require guarantee bonds in the penal sum af one hundred ( l OQ} percent of ihe cost of compleied improvements, as estimated by the City Engineer to guarantee such improvements for whatever lengths of time are specified therein. 7'l�e re�ease of any band or any portion thereof shali either be governed by the terms and provisions of the development agreement or shall be based upon the recommendation of the City Engineer or City Planner and apprava] by the City Council. 3. If the applicant fails to enter into a development agreemeni and to file the co�porate surety bond with :�ae administrator by the expiration of the sixty day period, the PUD Pe�r�iit, Final Plat (if anv) and approved PUD Final Plan shall be deemed ��ic�;<��ullified and revaked unless an extension is requested in writing by.:.€he applic�3 and far �oad cause granted by the City Council. . - E. Park and Open Spa�e: Dedic�t�an and Covenants. � l. To ensure that any,park, open space, recreational areas, common areas and the lik�:-� -il�� arc�;::.praposed to be owned and maintained by a homeown�t's' as�%�t�:�n, business improvement dastricL or ather similar association `"at'�::: properly maintained for iheir appr�ved uses, the City Caun�i:����Tri���_,require that the applicant execute and �rant to the City ease�€�'ients anc�;; covenants over such areas within saxty (60) dars after ihe City C`Q�ncil:�,as rnade such requirements. 2. If the� applicant fails to execute the open space easements and covenants and to file ihe same with the adzninistrator hy the expiration of the sixty (6Q) day pericrd, the PtJD Permit, Final Plat. if any and Final P1an shali be deemed to be void, nulli�ed and revoked unless an extensian has been required in writing by the applicant and for good cause granted by the City Council. 1320.14 Planned Unit Development (PULI) (Jverlay District_ Subd. 1 General Purpose. The Planned Unit Development (PUD} District promates the development of land in a unified manner by treating the entir�� development as a single entity and relaxing the strict applicatian of standard zoning and subdivision � requirements in exchange for a proiect that better forwards the gaals and pur�ase of the City's Comprehensive P}an. 7�he purpose of the PUD process is to achieve a higher � Section 1320 - District Provisions Adopted: November 13, 204b Paae 53 of b3 City of Arden Hilis Chapter 13 Zoning Code quality better �roiect than would otherwise be possible if the strict application of the zoni�, and subdivision requirements were met. Whiie PUD's may be allowed in any � district t, hey are req�ired for some types of development in eertain districts. Snbd. 2 App}icabiIity. The PUD District is an overlay zoning technique, whereby the basic underlying zoning district establishes the basic ailowable uses and the general standards for development and the approved PUD plan establishes the specific reguiations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a Zoning District change shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the underlying zoning district and designation as a PUD district. Subd. 3 General Procedure. A. Applicant shall meets with ,;�ity Staff to clarify and determine PllD requirements and discuss applic�t's`t�velopment concept�xe�es�#. B_ Applicant shall submit: �"�PUD Concept Plan to the Cit�(Optional)_ . --�� C. Applicant D. Plannin and make<a E. City Cr� on the PUD Master Plan to City. ssion canducts public hearing(s) on the PUD Master Plan �dation�^� to the City Council. �conducts additional hearings-{e�ie�a�-} and takes action Plan. F. 1�- a r;+., c,�f� „aa� ,�,o DT iTl il,�f,-;,.t �ra ,.t��.,no�#e-tt���g � , . The PUD Master Plan. as approved, inc}uding all applicable documents, is adopted as the �Y��j��governing development lap n fore�the PUD property. G. Applicant submits Final PUD Plan for elements that are to be devetoped imminently. A Final PUD Plan will be submitted for each stage of develapment and konstruction. H. Planning Commission reviews Finat PUD Plan and recommends action to the City Council. I. City Council reviews and takes action on the Final PUD Plan. � � Section 1320 — District Provisions Adopted: November 13, 2006 Page 54 of 63 0 � � � I � City of Arden Hilis Chapter l3 Zoning Code Subd. 4 Subd. 5 J. Applicant applies for all necessary permits to be�in construction.��g �_ Planned Unit Develo ment (PUD� Concept Plan Review (Optional). . � . , � � ._ „ . � �A. Purpose. A PUD Concept Plan Review is an informal discussion process that allows the applicant to present preliminary ideas about a contemplated development �e�- rp oject�� '�, and` in turn: the Ceity may offer suggestions and eoncerns regarding the ������n�n concept_ �B. Application, Documentation and Administrative Procedure. The applicant .�r'^^^�-�* D� D' �' pT fT� shall complete and submit to the zoning administrator an applicatio�: on st��forms n��-provided by the administrator, to ether with the r�.:'uired fee and �' �^�^-� *" g ::q:-. s�� f�3��� ___a_,.- -- - ., ,-. . r.... �... . .. _ . �C. City Procedure. Concept Plan in terms information and the infc Commission and Cif�;; A�plicants are encouragE to the filing of a�:>�i�plica or representati€�ii m�t�:=>� Hi11s. �1,,,�,;,,'�n:>�,.�r� . �� will prepare a summar�� of the proposed plans and regulations and transmit this ubmitted by the applicant to the P}anning to assist their review of the proposal. informal consuItations with Citv Staff nrior Plan Review. �rovided no sta be bindin� upon ihe Citv of �D. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These camments and suggestions will be transmitted to the City Council. The City Council will offer comments and suggestions re arding the Concept Plan to the a�plicant. ; r���c-1�-�-fi��r�d.i-H.e�a�-Ee���t-�. A public hearing is not required for this sta�e and the City will take no formal action at this staQe•��_ Y.,�,�• �,e �=il�-k��--}�e�d�i--�#i-s��� .w '. , , t �^� No suggestions made by the Planning Commission or Council on the proposed Concept Plan are binding on the City for subsequent stages. Planned Unit Development (PUD� Master Plan. A. Procedure. 74s-�The first step in the PUD �p�e�a�-review process is the submittal and a roval of a PUD Master Plan. �r�-a�pliF-a�t-�tts� ;:;;�4 Section 1320— District Provisions Adopted: November i3, 2006 Page 55 of 63 City otArden Hilts Chapter l3 Zoning Code � r����*�- D'�^Uvon approval, the �ra *��^ „--^^��aapplicant proceeds to �-the PUD Finai Plan for each stage of development��, or may � apply for both the Master P}an and Final Pian concurrently. B. AppIication ar�d Documentation. The applieant � r"���-*�� D,�„ �^^"^�»' e�a-��--shall complete and submit to the ity a PUD Master ��a�ie�Plan application on s�e-#�-forms a�-�e---provided by the zonin administrator, together with the required fee and escrow. The ��licant shall submit documentation � as required in C�^*�^^ ' 2GC ^^a Appendix A, Procedure Manual, and Para�raph G of this Section below. �-rtr�i��L�AGGQAI"G—�17TG7�7'. GVTI71'JJ7e'r�AT—i"77+��RPPTIi-��03i--� �:l'l7GFIIl {G77iRTICl7�r .�'RIl � a,1�e1�Tr�GlT�lj c—Tl. �7UI�VTIV���T7 C ���-�—��d-6 �.r .�,• �.o,.o;,, ,,,,,.,;,,oa �t,.,�� t,o �Qori,Q� ,,, � ,-�.;a ,,,. LV 1V1 Vll1 Vl � � ��. � �s . �. � r . ri 1 1 1 ♦ ,z. - ► :� �r „ • €D. Other Requirements Applicab�e to a PUD Master Plan Approval. In making its decision as to whether to approve the applicant's PUD Master Plan the City Council shall be guided by the provisions of Section 1355.04 Subd 3.B. Council action on the PUD shall follow the provision of Section l 355.05. � � Seetion 1320 - District Provisions Adopted: November 13_ 2Q06 Page S6 of 63 �C. Procedure for Coux���l A�tion. The procedure for Council action in Chapter 1355.04 Subd 6 sha1�:.�pply. � �. City of Arden Hilis Chapter 13 Zoning Code � �r.E. Documentation far Larger Complex Areas. Additional documentation required for a Master Plan for larger compiex areas (development tracts five � (5) or mare acres in size or of such complexity that more detailed and complete plans are warranted): � 1. Land Use and Desi�n Component. A land use component shall consist of a map or maps setting forth the distribution, location and extent of the area of ]and devoted to each category of land use existing and proposed as part of the Master Plan, including, but not limited to; the existing and proposed coverage of area by buildings�—a�--streets, trees and landsca i�ng, and parking. Said map or maps shall encompass not only that portion of the development tract located within the City but also any portion thereof located in an adjacent municipality. Said component shall also contain a descriptive statement of objective, principles and standards used in its formulations. The land use and design component shall also contain a descriptive statement of the standards of population densit ��and buildin� intensity for the variou�� proposed land uses including estimates for future population charact-�ristics and change within the Iap nned community correlated with �ie a�r components of the Master Plan The supportinQ data shall inc�l�de but �'i��a:� be limited to dwellin�(hoUsinQ) units per acre for the va�ous �sidential uses proposed• and square footage by type for the various i�o�sidential facilities including sufficient data to calculate traffic g„eneratiori`�<::�arking requirements water consumption sewa�e needs and '�:ie� rr���ary capacity of related utilities and services traditionallv rendere�=::-b�' public and private organizations for a population of such size �"is'�iroje���d for the com Iep ted planned development 2 T""-rr��^ ��-'�'�isporEation and Parking Component. ��i R�'�The traTlSp :�_� at���, arii�::: parking component shall consist of a map or maps setti�g forth #�e general location and extent of a11 t�a�s�e�a�-ie�traffic circul�t��zn, p�destrian and bicvcle circulation and parking facilities, existing �`-`��d' proposed, as part of the Master Plan of the entire development tract, inc}uding any portion thereof located in an adjacent munieipality. In addition, it shall include. among other things_ documentation, data or expert testimony in sufficient detail to show the impact of traffic expected to be generated by the proposed deve]opment over the course of its growth and expansion upon the cnrrent and projected 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 providing access to and from proposed and existing parking facilities. The City may rec�uire a traffic studv_ Said component shall aiso contain a descriptive statement of objectives_ principles and standards for its formulation. •m,���;... � �. •i,�' � � „�o..�;ty � ,i, �i�� Section 1320 — Distriet Provisions Adopted: November 13. 2006 Paae S7 of 63 �, , City of Arden Nilis Chapter l3 Zoning Code _ Ee".e!r_� „ � r. _ 3. Utilities and Grading Component. A utilities and r� ading component shall contain a mapSs) setting forth the �eneral location and extent of any and all existin_g and proposed systems for sewage, domestic water supply and distribution refuse disposal drainag,e, loeal utilities and ri ts-of- way easements facilities and appurtenances necessary therefore. In addition it shail inelude a rg ading�plan showin�iin sufficient detail the � . :. _- Section 1320 — District Provisions Adopted: November 13, 2006 Page 58 af 63 , � „ � �. � City gf Arden Hilts Chapter l3 Zoning Code . �—alse � , e�=�ae- r�n�" ,� � ,.;r;.., 4 Cantractual Component The City shall prepare the necessar�° development a�reement or contracts for the PUD Master Plan. The �plicant shail submit a�reements or contracts affectin� the awner or owners of individual units or of the entire project proposed under the PUD Master Plan such as homeowners' a�eements business improvement areas. and covenants. �S. Consiruction 4�-����-Stag,in� Component. A construction er� sta in ' t�lan shall include a map ar rnaps setting forih th� proposed chronalogical arder of construction relating each proposed �se and strueture to th� canstruction af the various services and facilities as specified in the r��ster plan. • e-e����The sta�in� plan::.��ia�1:::::�tacIude estimated completian dates and shall specify the �roposed:;�t�rder of ���uest far utility release or authoritv to occupy eompleted st1-t��tur�s so as to pravide a basis for deiermining the adequacy af the relat��::<:��services and facilities far each separaie constructian sta �. ` `::':<:::. �.-���_ � Subdivisi include all s 31 as found sutt�c�ent'=�.�ta�i so tnat it can serve as me �asis iur u conformity of any PUD Final Plan ta the PUD Master Plan. � to be ivision ing the a�pased ntation 7. Adda`tiana] Companents. The Master P}an may include as additional carnponents, a recreatian component; a public huilding component. providing for cansideration of administrative and public safety quarters� and such other camponents indieated by the nature of the particular propased development. , a: :: . _ :: .x- 0 „ � Section i320 — District Provisions Adopted: November 13, 200b Paae 59 af b3 _ In the event the de� Iall submit a subdivisi s` � City of Arden Hills Chapter l3 Zoning Code � � i ,� � . � . . , . • � � � i Subd. 6 Planned Unit Development (PUD) Finai Plan. B. Procedures. The applicant for a PUD Fina} Plan approval of a s�ecific stage of the PUD Master P}an shall complete and submit to the zoning administrator an application on forms provided by the administrator, ineluding all application fees and eserows. Other a�pplications such as preliminary_plat_ final plat, and conditional use permit may also be required. The applicant shall provide the following: ]. A written statement describing the proposed development in the PUD Final Plan a�plication. � Section 1320 - District Provisions Adopted: November 13. 2006 Page 60 of 63 . „ � : . • . . • „ �. � ,.• � City of Arden Hitts Chapter l3 Zanisg Code 2 The_propased startin� and comQletion dates for the construction. 3 The a�plicant shall submit doeumentation demonsiratin� that the PUD Finai Plan is in conformance with the PUD Master Plan. G Develo�rnent A reement and Bondin�:. l A develo�ment agreement and cor�orate surety mav be rec�uired at the time af PUD Final Plan a�►proval by the Citv Cauncil to assure that all improvements to be constructed as part of the �proved PUD Finai Plan are completed in accordance with ihe terms and canditions of such plan, or each st�e thereof as outlined in the construction sta�ing, component_ The bond shaIl �uarantee in a�aenal sum ec�ual to one hundred twenty-five 1�25�, percent af ihe cost of such improvements as estimated bY the� Cit�,. Tbe develo�ament a�reement and bond shall be filed with the administrator � � � - �- ` 3: ' : - ' M _ - Section 1320 - District Provisians Adopted: Navember 13, 2iJ06 Page 61 of b3 3. If the a�plicant fazls to enter inta a development agreement and to 2�1e the corporate suretv bond with the administrator bv the expiration af the sixty day period the PUD Permit Final Plat (if anY) and approved PUD Final Plan shall be deemed void_ nu]]ified and revoked unless an extensian is rec�uested in writin� by ihe applicant and for og od eause �ranted bv the City of Arden Hiils Chapter 13 Zoning Code . :. " � i . � �- - ' _ _ . ' i - : • � � Section 1320 — District Provisions Adopted: November 13, 2006 Page 62 of 63 � , . � D_�" c„^^� �^��"�""''" �"`' `'�.,�--�--`�park and Open Space Dedications and Covenants. City of Arden Hills Chapter l3 Zoning Code . ;....-•- .. . ._ _.. .__ . . ... .. .- - 1_To enassure €'�� �'.:., �� ,';,, ,,,,,,,;,,H„u ...u;.,��„R„���,hat any park, � open space, recreational areas, common areas and the like that�h are proposed to be owned and maintained by a homeowners' association, business improvement district or other similar association are properly maintained for their approved uses the City Council mav require that the applicant execute and �rant to the Citv easements and covenants over such areas within sixty (60) days after the City Council has made such r�uirements_ � 2. fails to exect��e ` same with:;��ie ac ,-...;*.o �;;;>-;-�>`: Y � rl t �1s»��.. �''i; � � . t;:�_� �_ �;: deemed::;:to b�`'v required �i`�:::;tivrit City Couneil. _ .�!� �.. _ ���� _ :,.�.,;..':.,.: If '^ *'� * the ap�plicant of the � :ase� e ex � PUD Permit, Final P}at, if any and Final Plan shall be oid, nullified and revoked unless an extension has been ing by the perrnittee and for good cause granted by the Section J320— District Provisions Adopted: November t3, 2Q06 Paae 63 of 63 . � , � Attachment Proposed Section 1320.05, Land Use Chart and 13 2 O. 0 6, District Requirements — Black-lined Version � � EN HILLS iry of Arden Hills City Council Meeting for January 10, 2011 . � � DRAFT - Proqosed Section 1320.05 ina, Uasn or i ower jlRg fiQ{1S2 IeSS S@fY1C2 ;, medica! office or lodge (non -proBt) sports & fitness nerciai recreation - indoo� �#e�it� are Faciiity;�ver-�8- are. �as's4iEy family - i4 or kennei ruo Drive-uo windo� cleaning & laundry, pick-up station cleaning & laundry, self-service laundry �tling: density zoning :iling: multipie family :tling: sangle-famity attached .tling: single-family detached �I institution 8 service , truck occupation: Class 1 occupakian: Class It al r►oke! of worship iefla4-kdet�sing ��� actured home park �cturing & processing: Class I �cturing & processing: Class (I funeral hame se�atie� Muliiale occut�ancv bui#dinr� Pawn shop Personal services Public use ���������������� '�i`r '�' '�' ��� '�` � '� ' ��' '���� `i ���� .��, � � � � ; E } � � ......_ � ._. ....� ��������� _..._ Y � ���������..�� ..._._... � ._ . . . _.u_ ��� � ' �_. ` . .Q ✓...� .�. _..__. � _.�..,������� _.�� ._ w � � ' ? ��� � ` �......._.�..� € ; � ����� ���� ____�� r7 � CAICA � ���Q�.�_.. � � �������� �_��� `..�.�. ; � i - i � � _ � _....._ ��;����� j� � � ; � � � � ��� ���� 3 � �� � � , . ���������E� i• ' _ � � �����e���� Research and develoomen# facilitv � Research animals Re ' ce Nal! donnito C Re ial �aysare facility, state licensed, serving .�_� P P F P P � P � A C P � P ��ll k � � � � = i.and Use designations that are newly prohibited y � Attachment Ordinance 2 011-0 0 2 and Publication Summary • � EN HILLS iry of Arden Hills City Council Meeting for January 10, 2011 � CITY (?F ARDEN HILLS COUNTY OF RAMSEY STATE C�F MINNESOTA SUMMARY C?F ORDINANCE NQ. 2011-002 Qn the lOt�` day of January 2fll l, the Arden Hills City Council adopted Ordinance No. 2011-402, and by at least four/fifths afiirmative votes pursuant to Minn. Stat. §412.191, Subd. 4, directed that a summary of (Jrdinance 2Q11-402 be published. The amendments to Chapter 13, Sectians 1305,44 and 1320 the City Code are collectively known as Qrdinance 24l 1-042. The purpase of the amendments is to incarporate recent additions to the Zoning Code pertaining to the TCAAF property with the rest of the City's Zoning Districts. The amended regulations will ga into effect an January 24, 201 l. A full copy of C?rdinance 2411-042 is available far inspection by any persan during regular business hours at the office of the City Admin�strator, 1245 West Hi�hway 96, Arden Hills, Minnesata 55112. � City of Arden Hills Chapter 13 Zoning Code STATE OF MINNESIJTA � CQUNTY OF RAMSEY CITY OF ARDEN HILLS ORDINANCE 2011-p02 AN ORDINANCE AMENDING SECTIONS 1305.04 AND 1320 OF THE ZONING C4DE 7�he Arden Nills Cit�� Council hereby ordains that Chapter 13, Sections 13Q5.04 and 1320 of the City Code are hereb�- amended as foiiows: 1305.04 Definitions. Subd. l Acre. A quantity of (and containing forty-three thousand, five hundred and sixty (43.560) square feet or one hundred sixty (I60) square rods in whatever shape and pattern (e.g. circular, square. triangular, irregular, broad or narrow)_ Subd. 2 Acre, net (as applied ta PIID density calculations). One (I) aere of Iand, minus the t�o-thirds (2/3) of that portion of the acrz enc��mpassed by wetiands, one-half (1/2) af that portion of the acre encompassing wholly or partialty hilis, mounds, or slopes that drap at a rate of twelve percent (12%) or more per every fi fteen (1 �) feet ar more of distance; and the � entire �rea of public strcets. Subd.3 Administrative officer. The zoning administrator, building inspector, their deputies or assistar,ts. dnd ary otl;er of �cials �► the cit� char��;d with ar engaged in the administration of this Code or any portion thereof_ Subd. 4 Administrator_ The zoning administrator. �ubd. 5 Agricultural uses_ Uses custamarily assc>ciated with the growing of farm produce and the raising of farm animaIs for generat use; but no� inctuding raising and feeding (feed lots) of livestock, fur farms and kennels. Subd. 6 Alteration. As applied to a buiiding or structure, a change or rearrangement in the structural parts or in the existing faci(ities, or an enlargement, whether by extending on a side or br�� increasin� in height. or by maving from one iacation to another, Subd. 7 Alley. A minor public or private way which is used primarily for vehicular service access to the back c�r side of a Iot abutting on a street. Subd.8 Animals, domestic. Common household pets, such as dogs and cats, other anirnais kept far amusement, companionship, decoration, or interest_ � Subd. 9 Anirnals_ far�n, Animals traditionally kept or raised on a farm for the purpose of pro��iding food or products for saie ar use, such as cattle, horses, goats, sheep, swine, fowl, bees, and animals raised for fur. Page 1 of 84 City of Arden Hilis Chapter 13 Zoning Code Subd. l0 Animals, wild_ Animals such as wolves, tigers and poisonous snakes that are not � normallv a domestic animal or farm animal and would ordinarily be confined in a zoo or found in the w�ild. Subd. l 1 Antenna. Equipment, used for transmitting and/or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. Subd. l2 Antenna, dish. A parabolic-shaped antenna (including all supporting apparatus) which is used for transmitting or receiving telecommunication, television or radio signals, which is located on the exterior, or outside, of any building or structure. 1. Class I: Dish Antenna under thirty (30) inches or more in diameter; six (6) feet in surface area; or six (6) feet in height. 2. Class II: Dish Antenna thirty (30) inches or more in diameter; six (6) square feet or more in surface area; or six (6) feet or more in height. Subd. l3 Apartment. A room or suite of rooms located in a one- or two-family building or multiple d�e(ling, which shall include a bath and kitchen accommodation, intended or designed for use as an independent residence by a single household. Subd.l4 Appeal_ An application for the review of an order, requirement, decision, determination or interpretation of this Code made by an administrative officer in the � application and/or enforcement of this Code. Subd. 15 Basement. Any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on atl faur sides, regardless of the depth of excavation belov+, ground levet_ (Revised OS/OS/10) Subd. 16 Bluff. A topographic feature such as a hill, cliff; or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for �0 feet or more shatl not be considered part of the bluf�: (Added 02/22/10) (1) Part or all of the feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the water body; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the waterbody. Subd. 17 Bluff impact zone. A bluff and land located within 20 feet from the top of a bluff: (Added 02/22/l0) � Subd. 18 Board. The board of appeals and adjustment established by this Code. Page 2 of 84 0 Citv of Arden Hills Chapter 13 Zoning Cade � Subd. l9 Boarding house. A structure where sleeping raoms are provided, with a cornmon entrance. internal access to all rooms_ one � 1) or more bathrooms, and one (1) or more kitchens to provide lodging for at least three (3) but not exceeding five (5) persons. A boarding house is distinguished from a transient accommodation such as a hotel or motel as defined in this chapter. (Added 7/Id/10) Subd. 20 Boulevard_ That portion of a street tying between the lateral line of the roadway portion thereof (i_e._ the back of the curb or curb line) and the right-of-way line thereof which mav contain within its boundaries a sidewalk or portion of driveway. Subd. 2l Building. A structure which is designed and suitable far the habitation or shelter af human beings or animals, or a shelter or storage of property, or is used for trade or manufacturing. Subd. 22 Suilding line. A line parallel to a lot (ine ar the ordinary high water level at the required setback beyond which a structure may not extend. (Revised 02/22/10) 5ubd. 23 Building, accessory structure or use. A subordinate building structure or use which is located on the satne Iot on which tl�e principal building or use is situated and which is reasonable necessary, appropriate ai�d incidental to the conduct of the primary use af such principal building or princzpal use. � Subd. 24 Building envelope. (See Lat. Buildab(e portion of,) Subd. 25 Building height_ �The vertical clistance from the average elevatian of the grade aiong a face of a building to the highest point af the roof surface of flat roofs, the deck tine of mansard roofs. �r the average height betweer. t1►e eaves and the highest r�dge af gab�e, hip, ar gambrel roots_ The height of a stepped ar terraced building shall be the height af the tallest segment af the building. Subd. 26 Building ins�ector. The inspector as provided for in the building code. Subd. 27 Building, principal. A building in which the principai use, of the tot on which it is located_ is conducted_ 5ubd. 28 Bultc. The term used ta indicate the size and setbacks of buildings ar structures and Iocation of same with res�ect ta one anather and includes the f�Iiowing items: A. Size and height of buildings or structures. B. Location of exterior watls at all levels in relation to lot lines, stre�t ar to other buildings or structures. C. Grass flaor area of buildings or structures in relation to Iot lines, street or ta other buildings or structures. � D_ Alt open spaces aliocated to buildings or structures. E. Amount of lot area per dwelling unit. Page 3 of 84 City of Arden Hills Chapter 13 Zoning Code 0 Subd. 29 Bulk materials_ Uncontained solid matter such as powder, grain, stone, sand, � sulfar, etc.. that has a tendency to become airborne. Subd.30 Business. An}� occupation, employment or enterprise wherein merchandise is exhibited and sold. or which occupies time, attention, Iabor and materials, or whereby services are offered for cornpensation. Subd. 31 Business services. Services performed primarily for other businesses, including such services as secretarial_ clerical, employment agencies, business machine service, printing, etc. Subd. 32 Caliper inches_ The diameter of a tree measured at 4.5 feet above the ground. (Added 4/28/08) Su6d. 33 Cemeterv/Memorial garden. Land used or dedicated to the burial of the dead, including crematoriums. mausoleums, funeral chapeis and necessary sales and maintenance facilities. (Added 7/19/10) Subd. 34 Clear vision area. The clear vision area shall be an area within a triangle that is measared along the edge of the driving surface of the road at the intersection of two roads (public or private) and extending thirty (30) feet in each direction from the intersection with a (ine connecting the two end points. (Revised 3/IS/09) Subd. 35 Clear-cutting. The complete removal of irees or shrubs in a contiguous patch, strip, row, or block. (Revised 02/22/10) Subd. 36 Clinic. A building for out-patient medical treatment of humans or small animals. � Subd. 37 Clubs and lodges_ Buildings and facilities owned and operated by a corporation or association of persons for social, recreational, charitable, educational or cul#ural purposes, but not operated primarily for profit or for purposes which are customarily associated with a business. � Page 4 of 84 City of Arden Hills Chapter 13 Zoning Code Subd.38 Clubs_ sports and fitness. A place of assemb�y where membership may be � required and is directed toward the general public with the commercial promotion of sports and physical fitness_ Subd.39 Commission. The Planning Commission, as established by the Code of Ordinances. City of Arden Hills, Chapter 2. Subd. 40 Commercial recreation, indoor. A commercial recreational use conducted within an enc(osed building_ including arcade, arena, art gallery, assembly hall, athletic and health clubs, auditorium, bowling alley, club or lounge, community center, pool or billiard hall, or a variety of organized or franchised sports, including but not limited to basketball, ice hockey, wrestling. soccer_ tennis and volleyball. This definition does not include public uses on public property. (Added 7/14/10) Subd. 41 Comprehensive plan. A compilation of policy statements, goals, standard and maps for guiding the physical, social and economic development, both private and public, of the city and its environs and may include, but is not limited to, the following items: Siatements of policies_ goats, standards, a land use plan, a community facilities plan, a transportation plan and recommendations for plan execution. Subd.42 Conditional use_ A use which, because of unique characteristics, cannot be classified as a permitted use in a district, and which, after due consideration by the Planning Commission and Council, pursuant to the applicable procedures contained in this Code and � the Arden Hills City Code of Ordinances, may nevertheless be permitted with restrictions on a site by conditional use permit granted by the Council. Subd. 43 Conditional use permit (C.U.P.). A permit required for certain land uses classified as Conditional Accessori- L'scs or Conditior�al Principal Uses. Subd. 44 Consumer small loan establishment. Any establishment that offers consumer small loans, commonly referred to as "payday toans," as defined in Minnesota State Statute 47.60 as amended from time to time. (A�ided 12/3/08) Subd. 45 Council. The City Council, as estab[ished by the Code of Ordinances. Subd. 46 Crematorium. A facility containing properly installed, certified apparatus intended for use in the act of cremation. (Added 7/14/10) Subd.47 Critical root zone. The minimum area around a tree that should remain undisturbed. To calculate the critical root zone, measure the tree's caliper inches. For each caliper inch of tree. 1.5 feet of root radius must be protected. For example, if a tree's is 10 caliper inches, then its critical root radius is I S feet (10 x 1.5 = 15). The critical root zone is 30 feet. (Added 4/28/08) Subd.48 Day care facility_ Any licensed facility, pubIic or private, which for gain or � otherwise, regularly provides one or more persons with care, protection, supervision, habilitation, rehabilitation or developmental guidance on a regular basis, for periods of less than twenty-four (24) hours per day, in a ptace other than the person's own home, including Page 5 of 84 City of Arden Hil1s Chapter 13 Zoning Code but not limited to day care centers, day nurseries, daytime activity centers, day treatment programs_ and da�� services. (Revised 7/14/10) � Subd. 49 Day care. family. Day care for no more than ten children at one time of which no more than six are under school age. The licensed capacity must include all chiidren of any caregi��er when the chitdren are present in the residence. (Added 7/l4/10) Subd. 50 Day care, group family. Day care for no more than 14 children at any one time. The totai number of children includes all children of any caregiver when the children are present in the residence_ (Added 7/14/10) Subd. SI Densit��. The number of dwetling units permitted by this Code on one (1) acre. Subd. 52 Densit}� net. The number of dwelling units permitted by the Code on one (1) net acre of land. Subd. 53 Densiry transfer. The relocation of housing units or square footage of building area computed on part of a building site to another part of the site resulting in an increase in density to the transfer area for the purpose of preserving open space, forested areas, environmental or terrain features deemed worthy of preservation by the Planning Commission. Subd. 54 Densit�� zoning_ Density zoning shall be interpreted as the provision of lot areas smaller than the minimum requirement of this Code under conditions whereby the total • number of dw-elling units is not greater than the amount permitted under normal conditions. Subd. �5 Dog kennel, Commercial. A structure specifcally designed and commercially used for the harboring of three (3) or more dogs that are more than three (3) months old. Subd. 56 Dog kenneL Residential. A structure specifieally designed and residentially used for harboring of up to three {3) dogs that are more than three (3) months old. Subd. 57 Dog run. A structure specifically designed for domestic use for the harboring and exercise of�not more than two (2) dogs. Subd. 58 Drive-up Window. A window or other opening at a business establishment that allows customers to purchase and/or receive a service ar product without having to enter the building. (Added 12/03/OS) Subd.59 Dwelling. A building or portion thereof, designed or used exclusively for residential occupancy, including single-family, two-family and multiple family uses, but not including hotels, motels, nursing homes, boarding or rooming houses, tents, seasonal cabins, or motor homes or travel trailers. Subd. 60 Dwelling. live-work unit. A dweliing unit in combination with a shop, office, � studio, or other work space within the same unit, where the resident occupant both lives and works_ A live-work unit is not synonymous with a home occupation because it �s designed as Page 6 of 84 r Crty of Arden Hills Chapter 13 Zo�ing Cade a mixed-use facility. whereas the home occupation is secondary and accessory to the � residential use. {Added 7/14/IO) Sabd.6l Dwelling. multiple family. A dw�elling containing three (3) or more attached dwelling units. Subd. 62 Dwelling, single-family. A dwelling that consists ofone (1) dwellin� unit. Sabd. 63 Dwellir►g. two-farnily. A dwelling lhat consists of two (2} dwelling units. Subd. 64 Dwelling unit. A residential building or portion thereof intended for accupancy by ane (1) farnily with facilities for living, sleeping, cooking and eating but not including hotels, motels, nursing hames, tents, seasonal cabins, boarding or rooming hauses, motar homes or travel trailers. Subd.65 I7welling unit_ single-family attached. A dwelling uanit which is lacated on its awn individual lot but joined along a single lat line ta one (1 } or more other dwelling units with a party wall and having a separate point oientry_ Subd.6b Dweliing unit. single family detached. A dwelling which is not jained to any other dwelling unit. and is located on a se�arate lot with the structure surrounded by open space and having a separate pc�int of entry_ � Subd. 67 Easement. A right or privilege in favor of a person or a government authority tc� use a parcel of land ar portion thereof for specific purpose. Subd. b8 Equal Ge��ree c�f Encroachtnent. �i method af determining the location af floodway boundariesyso the flc�od plain lands on bath sides of a stream are capable of conveying a proportionate share of flood flows. Subd. b9 Exterior storaae. The storage of goods, materials, equipment, manufactured products and similar items not fully encIased by a building. Subd. 70 Family. An individual or two (2) or more persons, each related to the other by bload, marriage, adoption or foster care, or a graup of nat more than four (4) persons, same or all of whom are not related by bload, marria�e or adoption, living together and rnaintaining a common househald. (�"hese re�ulations shaIl not be app[ied so as to prevent the City from making reasonable accommodation as required by the Federa�l Fair Housing Amendm�nts Act of 1988). Subd.71 Financial institution. An establishment that provides financial and banking services to consumers ar clients. Typical uses include banks, savings and (oan associations, credit unions, investment campanies, and automated te}ler machines (ATMs). Financial institution shatl nat include a consumer small loan operation. (Added 7/14110) � Subd. 72 Fload. A temparary increase in the flow or stage of a stream or in the sta�e af a wetiand or lake that results in the inundation of narmally dry areas. Page 7 of 84 City of Arden Hiils Cha�ter l3 Zoning Cade Subd. "l3 Flood frequency�. The frequency for which it is expected that a specific flood stage or dischar�e may be equaled or exceeded. � Subd. "74 Ftood fringe. That portian af the fiood plain outside of the floodway_ Plood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for the City. Subd. '75 Flood piain. The beds proper and the areas adjoining a wetland, Iake or watercourse which have been or may be covered by the regionai flood. Subd. 76 Flood-proafing. A combination af structuraI provisians, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flaod damages. Subd. '73 Floodw�ay. A wetland or take and the channel af a watercourse and those portions of the adjaining flood plain ��hich are reasonai�ly required to carry or store the regionai fiaod discharge. Subd. 78 Floor area. The sum of the gross horizontal area af all floors of a building as measured in square feet from ihe exteriar sides of the extecior walls, or from the centeriine of party wails separatin� attached buiidings, but not including covered porches that meet the reyuirements in Section 1325.03 Subd 2.D; decks; any space where the average floor-to- ceiling height is iess than six feet; attached ar detached garages; and other detached accessory siructures_ � Subd. 79 Floor area ratio (F.A.R.). The ratio obtained by dividing the sum of a building's flaor area by the amount of lot area. Subd. 80 Frontage. The uninterrupted frant boundary tine of a lot, or the length of such Iine, which abuts on a street. Subd. 8I Garage, private. An accessory building or portion of the principle buitding which is intended and used for the storage of the private passenger vehicles af the family or families who reside upon the iat upon which the garage is located. Subd. 82 Garage. repair. A building or space for the repair ar maintenance of motor vehicles, inc[uding body work. painting and vehicle wash, and incidental dzspiay and sales of automotive products but not including factory assembly of such vehicles, auta wrecking, or j unkyards. Subd. 83 Garage. truck. A building that is used or intended to be used for the storage of motor trucks, truck traiiers, tractars and commercial vehicles exeeeding one-ton rated capacity. Subd. 84 Grading and Excavating. The act of excavation or filling or combination thereo� ta alter the contour of iand for development purposes. (Added 711d114j Subd. 85 Home occupation. The accessory or conditional accessary use af a residential � structure for any gainful occupation or professian. Page 8 of 84 . City of Arden Hills Chapter 13 Zoning Code � Subd. 86 Hospital. An instittation iicensed by the state department of health, providing primary health services and medical or surgical care, to sick or injured persons, primarily inpatients_ May include related �acalities such as laboratories, autpatient faciIities, ar training facilities. (A�Ided 7/14f/0) Subd. 87 Hotel/motel. Am� buildin�, ar group of buildings, having five (5) or more guest rooms intended or designed to be rented or hired out to be occupied, or which are occupied for sieeping purposes by transient guests. (Revised 7/14/10) Subd.88 House of worship. A place of worship or religious assembly and its accessory facilities used by the con�re�ation such as the following: rectory, meeting hall, offices for administration of the institution. )icensed child or adult daycare, playground, or cemetery. � house of warship does not include buildings or uses used exclusively for residential, schools, recreationaL commercial, or other uses not narmally associated with worship. (Revrsed 7114/10) Subd. $9 Nousehoid. The person or persons occupying a single dwelling unit. A househoid may consist of a single family, ane (I) person living alone, two (2) or more families living together or any group of related or un-related persons who share living arrangements_ 5ubd. 90 Industry. Uses such as the manufacturing, compounding, processing, packaging, � treatment_ assembling or warehousing of praducts and rnaterials. Subd. 91 Junkyard. An apen area where waste, used or second-hand materials are bought, soid, e�cha�ged, stored. baled. packed, disassembled or handled, including but not limited to, scrap iron and other metais. paper_ rags, rubber, tires and bottles. A junkyard includes a vehicte wrecking yard but does not include uses established entirely within enclased buildings. Subd. 92 Landscape lat area. That portion of a lot required to remain as open space, free of buildings, parking and drives. Landscape lot areas may consist of: A_ Natura(ly vegetated areas_ B. Wetlands or panding areas, C. Pianting heds. ground caver and muich areas {vegetative, rock, bark chip, eCc.}, � D. Decorative walkways and areas not to exceed fifteen percent {l5%) of the required landscape tot area, and E. Uutdoor recreation areas. Page 9 of 84 City of Arden Hills Chapter 13 Zoning Code Subd. 93 Landscaping. Plantings such as trees, grass, shrubs. Subd.94 Loading area. Anv area where trucks are maneuvered and parked, for the purposes of loading or unloading products, materials or equipment. Subd. 95 Lot. A parcel of land described by metes and bounds measurement, reference to a registered land survey, piat, record of survey map, or other means, and separated from other parcels or portions by said description, and which is occupied by, or is suitable under this Code and other applicable ordinances for occupancy by one (1) principal building, ar used together with any accessory buildings or uses and such open spaces as are reyuired by this Code. Subd. 96 Lot area_ The total site area within the lot lines. Subd.97 Lot area, net buildable. The space remaining on a lot after the minimum landscape area, open space and setback requirements of this Code have been met. Subd. 98 Lot area per family. The lot area per family is the lot area required by this Code to be provided for each family in a dweliing. 0 � Subd. 99 Lot, buildable portion of. (Building Enveiope) The area of a lot on which a principal structure may be placed. The portion of a lot remaining after the minimum building setbacks have been met. (Lot area, net buildable, is more limiting as other deductions are � included). Subd. 100 Lot, corner_ A lot situated at and abutting on the intersection of two (2) or more streets having an angie of intersection of not more than one hundred thirty-five (135) degrees_ A lot abutting upon a curve street shall he deemed a corner lot if the tangents to the curve at its point of 6egiruiing within the lot or at the points of intersection of the side lot lines with the street Iine intersect at the interior angle of less than one hundred thirty-five ( l 35} degrees. A corner lot shall maintain front yard requirements for each street frontage. Subd. 101 Lot coverage. The total allowable amount of lot area, expressed as a percentage, which may be covered by a principal use and its accessory structures. Subd. 102 Lot depth. The mean horizontal distance between the mean front road and the mean rear lot line. The greater frontage of a corner Iot is its depth, and its tesser frontage is its width_ Subd. 103 Lot line. A property boundary line of any lot held in single or separate ownership or separately described; except that where any portion of the lot extends into the abutting street or alley, the lot line shall be deemed to be the street or alley line_ Subd. 104 Lot line, front. The boundary of a lot abutting a street_ On a corner lot, the shortest street lot line shall be the front lot line. r_ The lot line most nearI arallel to and most remote from the front � Subd. 105 Lot line, rea y p lot line. Page 10 of 84 City of Arden Hitls Chapter 13 Zoning Cade � Subd. 106 Lot line, side. Lat }ines other than front or r�ar lot lines. On a corner tot, the longest street Ic�t line shall be a sic�e lot Iine. Subd. 107 Lot, interior. A lot other than a corner or reversed corner lot. Subd. 108 Lot, reversed corner. A corner lot, the rear of which abuts upon the side of another lot whether across an alley or not. Subd. 109 Lot of record. A lot existing as af April 10`h, 1993, date of this Code or approved by the city as a lot subsequent to such date, and includes non-conforming lats. Subd. 110 Lot, shoreline. A lot having ane (1) or more lot lines fronting on public waters. Subd. 111 Lot, through. A tot that has a pair of opposite lot lines ahutting two (2) substantially parallel streets, a��d which is not a corner lot. On a through lot, the determination of whether the street frontage is to be considered a front yard or rear yard shall be as subject to the provisions of this Code. Subd. 112 Lot width. The mean harizontal distance between the side lot lines at the minimum front setback line. Subd. 1 I3 Lowest floor. The lowest floor af the lowest enclosed area (including basement). � An unfinished or flaod resistant enclosure, used soleIy for parking of vehicles, building access, or stora�e in an area other than a basement area, is not considered a building's lowest floar_ (Added OS/OS/10) Subd. 114 ��lanufactured home. A structure. transportable in one or n�ore sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and inciudes the plumbing, heating, air conditioning, and e3ectrical systems contained therein; except that the #erm includes any structure which meets a11 the requirements and with respect to which the manufacturer voiuntarily files a certification and complies with the standards estabIished under this Code and Minnesota State Statutes as amended fram time ta time. The terrn "manufactured home' does not include the term "recreational vehicIe." fRevised OS/OS/10) Subd. t 15 Manufactunng and processing. All uses which inciude the compounding, processin�, packaging, treatment, or assembiy o#` products and materials. Generally, these are industries dependent upon raw materials refined elsewhere. These uses include, but are not limited to: fabrication of wood, metal, and plastic products; assembly of electronic components, equipment, and appIiances; processing of chemicals, plastics, foad products, and nanalcohoiic beverages; manufacturing of ciothing and textile products; distribution centers, tumber yards, printing and binding shops, machine shops, sheet tnetaI shops, sign shops, contractor's shops and storage yards. � A. Ctass I: Above uses without exterior storage. B. Ciass Ii: Above uses with permitted exterior storage. Page 1 I of 84 City of Arden Hilis Chapter 13 Zoning Code Subd. 116 Metes and bounds. A method of property description utilizing directions and distances commencing from and terminating at an easily identiftable point. � Subd. 117 Mineral extraction. The use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals. and other nonmetallic minerals not regulated under Minn. Stat. Chapts. 93.44 - 93.51; or Successor Statutes. Mineral extraction does not include grading and excavating as deftned in this Chapter. (Added 7/14/14) Subd. 118 Mobile home. A manufactured home designed, constructed, and eqUipped for use as a single-family dwelling, which has a width of less than twenty (20) feet over more than twenty-five (25} percent of its length; or which is not placed on a permanent foundation compiying with the requirements of� the state building code or which is not continuous and soiid for the entire perimeter of the structure. Subd. 119 Mobile home park. Any premises on which are parked two (2) or more occupied mobite homes, excluding premises on w�hich mobile homes are sold for removal to another site. Subd. 120 Martuary, funera} home. An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals, but not including a crematorium. (Added 7/19/10) Subd. 12i Motorized vehicle leasing and rentals. A business that leases or rents motorized � vehicles to the generat public. Includes minor services and washing as an accessory use_ Noi more than eight (8) rental or lease vehicles on site at one time. Subd. 122 Motorized vehicle seri�ice. A business that provides repair or maintenance services for motorized vehicles including engine repair, replacement or parts and engine service, but does not include body work, painting_ factory assembly of vehicles or vehicle wrecking yards. Subd. 123 Multiple occupancy building. A building containing two or more independent businesses with or without separate exterior entrances and for which signage, parking and site requirements are unified in a consistent visual and functional manner_ Subd. I24 Native vegetation_ "Native Vegetation" - Plant species indigenous to Minnesota, or that expand their range into Minnesota without being intentionally or unintentionally introduced by human activity, and are classified as native in the Minnesota Plant Database (Minnesota DNR, 2002 or as amended). Native Vegetation does not include Weeds. (Revised 02/22/10) Subd. 125 Nonconforming building. A building lawfully existing as of the effective date of the adoption of this Code, or amendment hereto, which under the provisions of this Code could not be built because of restrictions on height, setbacks, yards, lot coverage, floor area ratio, or other characteristics of the building or its iocation on the lot where it exists. � Subd. 126 Nonconforming use. A building, structure or use of a building, structure or parcel of iand, or a portion thereof; lawfully existing as of the effective date of the adoption of this Page 12 of 84 � City of Arden Hilts Chapter 13 Zoning Code Code or amendment heretq as a matter of right or by permit, which is nat permitted in the � zoning district in which it is iocated. Subd. I27 Nursery. Any tartd used to raise trees. shrubs, flowers, and other Iive plants for sate and commerce. Subd, 12$ Nursing Home and Assisted Living Facility. A facility that provides daily assistance and long-term residence for disabled or elderly individaals. This includes a combination af housing, supportive services, persanalized assistance and health care designed to respond to the individual needs af those who need help with activities of daily tiving, such as dressing, grooming, bathing, etc. (Added 7/14/10) Subd. 129 Obstructian, Any dam, wall. wharf. embankment, levee, dike, pile, abutment, projection, excavation, channel, madification_ culvert, building, wire, fence, stockpile, refuse, �li, structure, or matter in, along, across, or projecting into any channel, watercourse, or reguiatory flood plain which may irnpede, retard, or chan�e the direction of the flow of water, either in itself or by catching or callecting debris carried by such water. Subd. I30 Office(s). A raom, suite of rooms_ ar a building containing rooms or suites af rooms in which persons conduct commercial activities, provide professional services, or cany on occupations and where goods are nat stored, produced, sold at retail or repaired, inctuding but not lirnited to the following: exec`utive and administrative offices, business affices such as insurance, real estate_ sales and similar offces, professional offices such as � offices of engineers, surveyors, architects, accountants, attorneys and bookkeepers and similar oftices, but excluding medical clinics_ (Revised 7/l4/10) Snbd. 131 t)ffice showroom/warehouse. An office facility in which more than 50 �ercent of the total floor area is utiiized for the dispiay and sale of goods or merchandis� on the premises, and/or for the storage and distribution of goods or merchandise from the premises. (Added 7/14/10} Subd. 132 Off-street parking areas. Structures or areas of ground used for the storage or parking of motar vehicles. Subd. 133 Open sales Iot. Any land used ar occupied for the purpose of buying and selling any goods, matcrials, or merchandise, and for the storing af same under the open sky priar to sale. Subd. I34 Open space. (See iandscape 1at area.} Subd. 135 Ordinary high water level. The boundary of public waters and wetlands, and shaIl be an elevatic�n cielineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape anci as determined by the Minnesota Department of Natural Resources_ The ordinary high water mark is commonly that paint where the natural vegetation changes from predominantly aquatic to predorninantly � terrestrial. (Revised Q212211 D} Pa�e 13 of 84 i��■� _.- City af Arcien Hills Chapter 13 Zaning Cade Subd. 136 Parking space. A land area of such shape and dimensions and so prepared as to be usable for the parking af a motor vehicle. and so located as to be readiiy accessible to a � public street or alley. Truck laading and unlaading space shail not be included in such area. Subd. 137 Pathway, pedestrian way. A public ar private way, running across or lacated within a platted lot ar biock or an unpiatted parcel of iand, used primarily for pedestrian traffic. Subd. 138 Pawn shop. The lacation at which or premises in which a pawnbroker regularly canducts business. (Added 7114110) Subd. 139 Pawnbroker. (a) Except as provided in paragraph (b), "pawnbroker" means a person engaged in whole or in part in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the conditian that it may be redeemed or repurchased by the seller far a fixed price within a fixed period of time. (b) The following are exempt from the definition af "pawnbraker'": any bank regulated by the state of Mir�nesota, the comptroller of the currency af the United States, the Federal I3eposit Insurance Carporation, the board of governors of the Federal Reserve Systenn, or any other federal or state authoritv and their affiliates; any bank or savin�s associatian whose depasits or accaunts are eligible for insurance by the Federai Deposit Insurance �orparation or any successor to it and all affiliates of those banks and savings associations; any state or federally chartered credit union; and any industrial Ioan and thrift company or reguiated lender subject � to licensing and regulation by the Departrnent of Commerce. jRevised 7/14/IOj Subd. 140 Person. Any individuals, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee or other similar re�resentative thereof. Subd. 141 PersonaI services. Services customariiy rendered for compensation. S�ach services shall only involve minor storage and related sales of products and suppties related to the service offered and for custamers ordinarily utilizing the service offered. Typicai personal services include iaut are not iimited ta: apparel taitoring and cleaning; hair styling, trimming and cutting, beauty services; photographic services; and other services of a similar nature. Subd. l42 Planned unit development (P.U.D.). ihe develapment of a tract of land in a unified manner, pursuant to a development plan specifica}iy approved by the city. Subd. 143 Planning commission_ The plannin� agency of Arden HiI1s as prescribed in Minnesota Statutes Chapter 462.354. It is advisory to the City Council on al1 matters related ta tl�e Comprehensive Plan anc� a1i official controls that irnplement the Comprehensive Plart, and all other matters referred to it by the City Councii. Subd. 144 Prateeted waters. Any waters of the S�ate as defined by State 3aw. However, na lake, pond or flowage of less than ten ( I 0} acres in size and no river or stream having a total � drainage area Iess than two (2) square miles shail be reguIated far the purposes of these regutations. Page 14 of 84 . City of Arden Hi11s Chapter 13 Zoning Code � Subd. 145 Public use. The use of any lat, parcel of land and any structure or building thereon exclusively for public purposes by any department ar branch of gavernrnent, federal, state, county or city, excIuding independent school districts, without reference to the ownership of said lot, parceI of land, building or structure. Subd. 146 Public waters. Means a body of waier capable of substantial beneficiat public use, This shall be construed ta mean, for the purposes of these regulations, any body of water, which has the potential to suppart any type of' recreational pursuit ar water supply purpose. A body of water created by a private user where there was no previous shoreland, as defined herein, for a designated private use authorized by the comrnissioner of natural resources, shaIi be exempt. Subd. 14'7 Railroad right-af-way_ � strip of land wiih tracks and auxiliary facilities far track aperation, but not incIuding depots, laading platforms. stati�n, train sheds, warehouses, car shops, car yards, locomative sho�s or water towers. Subd. 148 Reach. A hydraulic engineerin� term to describe a longitudinal segment af a stream or river influenced by a natural or man-made abstruction. In an urban area, the segment af a stream ar river between two consecutive bridge crossings would most typically constitute a reach. Subd. 149 Recreation, commercial. Recreational facilities which are operated for profit or � render a service which is customarily considered as a business. Subd. 150 Recreation, residential. Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, Iawn chairs, barbecue stands, and similar equipment or structures, w�.en used on residential property, but not including electronic towers, tree houses, swirnming paots, playhouses exceeding tw�ent�--five (25) sr�uare feet oifloor area, or sheds utiiized far storage of equipment. Subd. 151 Recreational vehicles (RVs). Vehicles for recreational or utilitarian uses that can be driven, towed, or hauled_ Including, but nat limited to, motor hotnes and travel trailers, snowmobites, puil c�mpers, aII terrain vehicles (ATVs), tent trailers, or other simiiar vehicles. (Revised 02/(J7108} Subd. 1S2 Recreational vehicles (for the purpases af Seciion I335 only). A vehicle that is built on a single chassis, is 4C10 square feet or less when measured at the largest harizontal projection, is designed ta be self-propeiled ar pernaanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temparary living quarters for recreationai, camping, travet, or seasonal use. For the purposes of Sectian 1335, the term recreationat vehicle shail be synonymous with the term travei trailerJtravel vehicle. (Added OSlOSl10} Subd. 153 Recreationai Vehicles, lltility Trailers, Riding Lawn Mowers, and Watercraft Height_ The distance as measured from the ground to the highest point of the recreational � vehicle, utility trailer, or watercrafi, inciuding any covering, as stored. This does not including antennas and utility/mechanical systems provided they are accessory and take up Page 15 of 84 � City of Arden Hii1s Chapter l3 Zaning Code na more than ten ( i 0} percent of the roof surface area. RVs and watercraft an a traiier shatl be measured as one. (Revised �2/07llIbC} � Subd. 154 Recreational Vehicles. Utiiity Trailers, Riding Lawn Mawers, and t�t�atercraft Length. The distance as measured from end to end of the recreat�anal vehicle, utility trailer, or watercraft, including any hitch, nnotor, and covering, as stored. R�s and watercraft on a traiter shail be measured as one. (Revised 0210�108} 0 ��� � —� �•�..��.� Subd. 15S Regional fload. A flaod which is representative of large floods known to have occurred generalty in Minnesota and reasonably characteristic of what can be expected ta occur on an average frequency in the magnitude of the i 00-year recurrence interval. Regional flood is synonymous with the term "base flood", I percent annual chance fload, or 100-year elevation. Subd. 15b ReguIatory flood protection elevatian. The regnlatory flood protectian elevation shali be an eIevatian no tawer than one foot above the elevation of the regional fload plus any increases in flaod elevation caused by encroachrnents an the f�acrd piain that result from designatian af a flaodway. (Added DS/OSfI tl) Subd. 157 Research animals. Aninnais kept in a laboratary setting for the purpose of testing and research related health care products. Subd. 158 Research and devetapnnent faci3ity. Establishments which conduet research, development, or controlled production of high technolagy electronic, industrial, or scientific products or cornmodities for sale; or establishments conducting educationa� or medical research or testing. May include limited accommodations for researchers ar research subjects. Research with animais is considered a separate categorv. (Added 711d110� Subd. 159 Residence ha]I, dormitary. A buiiding designed for or used as graup living quarters for students of a high school, college, university or seminary, organized and owned, or ieased in its entirety, by a high school, coilege, university ar seminary. (Added 7/14110} � � Subd. 1b0 Residentiat facility. Any licensed facility, public or private, which for gain or otherwise, regularly provides one or more persons with a twenty-faur (24} hours per day substitute for care, food, ladging, 12"iill]211�, education, supervision, habiiitation, rehabilitation � and treatment they need, but whic� far any reason cannot be furnished i» the person's own hame, including but noi limited to, state institutions under the cantrol of the corrttnissioner of Page I6 of 84 �� , City of Arden Hills Chapter 13 Zoning Code public welfare, faster homes, residential treatment centers, maternity shelters, group homes, � residential programs, or schools for handicapped children. Subd. 161 Restaurant. A business establishment whose principal business is the preparation, service and sale of food and beverages ta be cansumed by custarners w�hile seated at tables or counters located within the builclin� on the premises. Subd. l62 Restaurant, fast faod. Any cesiaurant which meets a number of the following requirements: A. Customarily provides quick service to its custamers; B. Offers to its customers a limited, standardized menu of inexpensive food and/or beverages; C. Serves its customers fram a counter located within the building on the premises and does nat custornarily offer service at the table by waiter or waitress; D. Allows customers ta consume their orders of foad andlar beverages at tables or counters within the building, in their automobiles parked on the premises. ar away from the premises as ihe customers chaose; E. Packages and services a substantial proportion of its food and/or beverages in � disposable wrappers, containers, cartons, baxes and bags; F. Pravides a number of trash, litter, or garbage cans in the parking areas and within the huilding on the prernises for the deposit af the disposable packaging in which the food and/or beverages are provided; G. Prepares and cooks a substantial proportion of its food in valume, in advance of orders by customers, and usually in anticipation of predicted volumes of customers at certain times af the day; H. Specifies the ztems of faod and/or beverage offered to customers on signs, p#acards, posters, valances, or boards posted in conspicuous places throughout the building rather than on printed menus given to the customers; I. Generates a high volume and rapid flow of in-and-out traffic because of its quick service mode of operatian. Subd. 163 Retail saIes and services_ Stares and shaps selling, renting or leasing goads for uses away from the point of sale or offers services available on the premises. Includes the following; antiques, art and schaoI supplies, auto accessories, bakeries, bicycles (not motorized), boaks, stationery, candy, camera and photographic supplies, carpets and rugs, china and glassware, ciathing and costume rentaI, custom dressmaking, department stores, drugs, dry goods, e�ectrical and househald appliances, saies and repair, florist, food, � furniture, furrier shops, garden supplies (year-round operation only), gifts, hardware, hats, habby shops, interior decorating, jewelry, leather goods and Iuggage, locksmith shaps, rnusical instruments, office supply equipment, optametrists, paint and wallpaper, phonograph Page 17 af 84 City of Arden Hit1s Chapier 13 Zaning Code records, shoes, sporting gaods, tobacco, toys, variery stores. wearing apparei, and simitar type uses. Motar vehicle sales, mator vehicle leasing and rentals, exteriar eyuipment rentai � and sales lots, repair garages, pawn shaps, and Qpen sales iots are not included in this definition af retail sales. Subd. lb4 Roadway. The entirety of a private street and that portion af a public street extending from the back of the curb (i.e., the curbline) on one side to the back of #he curb {i,e., the curbiine} on the other side, used primarily for vehicular traffic. Subd. Ib5 Schaols, bus terminai, School bus terminal shail be a bui�ding or space engaged primarily in the transportatian and activities assaciated u-ith the transportatian of students. Subd. i66 Schools, general education. Nursery, primary, elementary and secondary schools. Sabd. lb'7 Schools, higher educatian. Juniar caileges, colleges and universities approved by the Minnesota Higher Education Coordinating Baard for the Minnesota Department of Education. Subd. ib$ Schools, special education. Trade, uocational, business, barber, beauty, art, music, dancing, driving and other professional schools, u�ith or witho�t on-site hausing. Subd. lb9 Service station. A place where gasoline, kerosene, diesel or Qiher matar fuei or lubricating ai} or grease for aperating motvr vehicles are offered far sale to the public and deiiveries are made directly into motor vehicles. Includes greasing and ailing, one-bay motor vehicle wash and the sale af automabite accessories an the premises. A1so includes minor � repairs, incidental bat�y anci fender wark, minar painting and upha#stering, replacement of parts and motor services to passenger automobiies and tntcks nat exceeding one and one-haif { 1_5) tans capacity. It shall nat include major general repair. rebuilding or recanditionin� of engines, motc�r vehicles or trailers; collision service. inciudin� bady, frame ar fender straightening or repair; overatl painting ar paint job. Subd. 170 Setback. The minimum harizantal distance between a structure and the Qrdinary high water �evel or 6etween a structure and a road, well. highway, or property lines. Subd. 171 Setback, minirrtum bui#ding. The minimum horizontal distance allowed by this Code, between a structure and a iot Iine. Sabd. 172 Share impact zone. The land located betueen the ordinary high water leuel and a line parallel ta it at a setback of SO percent af the structure setback. (Revised 02122/IOj Sabd. 1'73 Shareland. The land lc�cated within the following distances from pratected waters: A. One thausand {1,000} feet from the ordinary high water mark of a lake, pond, or flawage; artd B. Three hundred {304) feet fram a river or stream, or the landward extent af a � flood plain on such rivers ar streams, whichever is greater. Page 18 af 84 City of Arden Hiils Chapter 13 Zoning Code C. The practica! limits of shorelands may be iess than the statutary limits where � the limits are designated by naturat drainage divides at lesser distances, as shown on the official zoning map of the City, Subd. 174 Sidewalk. A hard surfaced public or private wati _ used primarily far pedestrian traffic. Subd. 17S Sign. A name, identification, description, display. logo. illustratian or device which is affixed to, painted or represented directly or indirectly upon a building or ather surface or piece of land, and which directs attention to an object, praduct, place, activity, person, institution, organization or business. Subd. 17b Signifieant tree. A tree that is important to the site and the neighborhood character, that is structurally sound and heaithy, and that meets at }east one af the following standards: (Revised Od/28/0$) A. A deciduous hardwood tree that is at Ieast ten (10) caliper inches, including but not limited to, tronwood, cataipa, oak, hard maple. walnut, hickory, birch, black cherry, hackberry, locust and basswoad. B. A deciduous saftwoad tree that is at least twel��e (12) caliper inches, including but not limited to, cottonwood, poplarslaspen. box elder_ w-illow, silver maple and e1m, � C. A coniferous evergreen tree having foliage on the outermast partion of the branches year-round and which is at teast fifteen ( I S) feet or more in height. D. ��roup af deciduous trees that are at least ei�h� ($) caliper inches or coniferous trees that are at least fifteen (15) feet in height, that provide a buffer or screening alang an adjacent public street ar between differing land uses. Subd. 1�77 Sail pracessing. The processing of sand, gravel or other materials mined from the Iand. Subd. 178 Staging Area. Any exteriar area that is used to ioad. unlaad, stack, pile, store or assemble rnaterials, equipment or vehicles to be used either on site or off site. Subd. 179 Story. That portion of a building included between the surface of any floor and the surFace of the floar next above it, or, if no such floor above. the space between such floor and the ceiling next above it. Subd. 180 Story, half. A space under a sloping roof which has the iine of intersectian of roof decking and wall face not more than three (3) feet above the top floor leveI, and in which space not mare than two-thirds (2/3} of the floor area is finished for use. A half-stary containing independent apartment ar tiving quarters shall be counted as a fuli story. � Snbd. 181 Streets. A public or private way, consisting in the case of a private way of a roadway and in the case of a public way of a roadway and a baulevard (the latter of which may contain a sidewalk), used primarily for vehicular traffic, whether designated as a street, Page 19 of $4 City of Arden Hills Chapter 13 Zoning Code avenue, parkway, road, lane, throughway, expressway, highway, place or however otherwise designated. The term "streets" includes the following classifications: � A. Collector street. A street which carries traffic from local streets io streets and highways of higher classifications. It provides for both land access service and local traffic movements within residential neighborhoods, commercial areas and industrial areas. B. Cui-de-sac. A street with a circular turn-a-round and only one outlet. C. Local street. A street of limited continuity used primarily for access to the abutting properties and the local needs of a neighborhood_ D. Minor arterial_ A street system that interconnects with and augment the urban major arterial system and provide service to trips of moderate length at somewhat lower levei of travel mobility than major arterials. This system distributes travel to geographical areas smaller than those identified with the higher system. E. Major arterial. Usually a divided highway with four (4) or more lanes and serves the major centers of activity of a metropolitan area. the highest traffic volume corridors, and the longest trip desire. The major arterial carries a high proportion of the total urban area travel on a minimum mileage. Almost all fully and partially controlled access facilities are a part of this class. F. Expressway. A type of major arterial with a controlled access roadway and � expressway ramps to provide ingress or egress to other levels of streets. The use of expressway ramps allows the uniform flow of traffic on a major arterial t►ighway without undue delays. Subd. 182 Structural alterations_ Any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls. Subd. 1$3 Structure. Anything constructed, the use of which requires a permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, signs, recreational vehicles not meeting the exemption criteria otherwise specified in the zoning code, and other similar items. Subd. 184 Structure, accessory. A detached, subordinate structure, the use of which is incidental and related to that of the principal use of or principal structure on ihe lot on which it is located. Subd. 185 Structure, multiple-occupancy. (See Multiple occupancy buiIding). Subd. 186 Structure, principal. The predominant structure upon a lot in which the principal � use of the lot is eonductec�. Page 20 of 84 City of Arden Hills Chapter i3 Zoning Code Subd. I87 Structure, temporary ar portabte. A structure which is not intended for � perrnanent accupancy but which may be suitable in certain situatic�ns for specific periods af occupancy pending either construction of permanent facilities or a change in conditions ihat will eiiminate the need far the temporary structure. Portable classroams. �ortabie offices and air-supported structures are examples of temporary or portabie structures. Subd. 18$ Studios. A building or space within a building where professional artists, musicians, phatographers, dancers, designers, etc. practice their profession or teach; display and sales of praducts used or produced in the profession is considered an accessory use. Subd. 189 Substantial damage. Damage of any origin sustained by a structure where the cost af restaring the structure to its before damaged condition would equal or cxceed 50 percent af the market value af the structure before the damage accurred. (Added (IS/OS/10) Subd. 190 Substantial improvement. (Added OS/(IS/IO} Within any consecutive 365-day periad, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other irnprovement af a structure, the cost of which equals or exceeds 50 percent af the market value of the structure before the "start of construction" of the improvernent. This term incIudes structures that have incurred "substantial damage," regardiess of the actuai repair work performed. The term does not, however_ include either: A. Any praject for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been � identified by the lacal cade enforcement official and which are the minimum necessary ta assure safe Iiving candiUans. B. Any atteratian of an "historic structure," pravided ti�at the aiteration will not preclude the structure's continued designation as an "histaric structure.�' For the purpose of this Ordinance, "historic structure" shait be as defined in 44 Code of Federal Regulatians, Part 59.1. Subd. 191 Tower. Any pole, spire or structure, or any combination thereof to which an antenna is attached, ar which is designed far an antenna to be attached, and aIt supporting iines, cables, wires and braces; including but not Iimited to a free-standing radio (including ham radio and private radia transmitting} or television receiving antenna, a windmiil, and a wind-pawer generator. Snbd. 192 Townhause. A single-famity dweliing, which maintains private ingress and e�;ress, contains na independen# dwellings above or beiaw it, and is attached to other similar dwellings by a cornmon wali. Subd. 193 Use. The purpose for which land or prerrzises or a building thereon is designated, arranged or intended, or for which it is or may be occupied or rnamtained. Subd. 194 Use, accessory. A use which is ine�dental to the principal use of the lot on which it is maintained or conducted. � Sobd. 195 Use, principal. The primary or predominant use far which the lot and structure, if any tocated thereon, is c4nducted or maintained. Page 21 of 84 City af Arden Hitls Chapter 13 Zoning Code Subd. 196 Use, principal muitiple-operatian. A business or industriafi operation which � consists of two or more distinguishable uses, ali of which are dependent upon each other, but none of which is predominateiy or clearly the principal use and ali of which are generally campatibie with the perrnitted ailowable uses in the district. Subd. 197 Use, conditional aceessory. A use which is both an accessory use and a conditiona( use and which, after due consideration by the Connmission and CounciI, pursuant ta the applicable procedures contained herein, may be allowed as an accessory use by Conditianai Use Permit granted by the Council. Subd. 198 Use, conditional principal. A principle use which, because of unique characteristics, cannot be classified as a permitted principle use in any particular district, and which, after due consideration by the commission and council, pursuant to the applicable procedures contained herein, may nevertheless be allowed on a site in a particular zoning district by Conditional Use Permit be granted by the counczl. Includes ternporary uses which require conditional approval before being ailowed. Subd. 199 Utility distribution Iines. The distribution facilities of electric power, gas, water and communication companies which directiy serve abutting properties. Subd. 200 Uti�ity substation. A structure used for the relay or distribution of eiectric, water, sewer, telephone, etc., services_ Subd. 201 Utility transmission lines. The transmission faciiities of electric pawer and � comrnunication companies which do not directly serve abutting properties. Subd. 202 Utility trailer. Equipment used for recreationat or utiiitarian purposes that can be tawed; such as special puzpose trailers (i.e. boat trailers, ATV trailers) or other haulin� trailers. (Revised !I2/D7/08) Subd. 203 Utiiity vehicle. A vehicle, with ar without a motar, and/or adapted for temporary living, sleeping, business or storage purposes; having a frame, but no foundation other than wheels, blocks, studs, jacks, horses or skirting, which does not reach or meet building code requirements and has been or may be equipped with wheels or other devices for transporting purposes. This term shall include travel trailers, camping trailers, tent trailers, recreation vehicies, farm tractors, riding yard and garden tractors and trailers. A permanent foundation shail not change the character of the vehicle. Subd. 204 Variance. A modification or variation of a specific permitted development standard required as a provision of this Code, to allow an alternative development standard nat stated as acceptable in the officiat contral, but only as applied to a particular property for the purpose af alieviating a hardship, practicat difficutty or unique circumstance, except that modification in the ailawable uses within a district shall not be allowed as a variance. �Revised 45105/10} Subd. 205 Vehicie wash. A building, or portian thereof, which principal use is the washing � of vehicles. Page 22 of $4 City of Arden Hills Chapter 13 Zoning Code Subd. 206 Vehicie wrecking yard. Any open space where three (3j or more used motorized � vehicles are stored which do not passess current state auto Iicenses. Subd. 207 Warehousing. The storage and distribution of materiats or equipment within an enclosed building, but not incIuding personaI storage facility. (Revised 7/14/10) Subd. 208 Watercraft. Motorized water-oriented vehicles including, but not limited to, power boats, cruisers, jet skies, fishinglhunting boats, pontopn boats, and any non-rnatorized craft with greater than a two person capacity. This definition excludes non-motorized one and twa person crafts such as canoes, kayaks, and paddle boats. (Revised 02/07/OS) Sabd. 209 Waterfront uses. Boat docks and storage, water recreation equipment and other uses normalIy associated with to Iakeshore property. Subd. 210 Wetlands. Transitionai Iow-lying areas 6etween terrestria} and aquatic systems, either created or natural, covered with shaIlow and sometirnes iemporary or intermittent waters as defined in the [lnited States Fish and WiIdiife Service Circulator Na. 39. This includes, but is not limited to swamps, marshes, bogs, sloughs, wet meadows_ and shallow Iakes and ponds with ennergent vegetation. (Revised 02/22/Ip) Subd. Z11 Wetiand aiteration. Alteration of a wetland includes changes to the wetland andlor wetiand buffer strip in regards to size, depth or contour; dredging; tilling; damming, alteration of the watercourse; ditching; tiling; grading; draining; discharge af water; appropriation af water; changes in vegetation; or otherwise altering ar destroying a wetland � ar wetland buffer ar their functions. Alteratians would not include Native Vegetation plantings or selective clearing ar pruning of prohibited or restricted naxious weeds, unless within a Drainage and Utility Easement in which case subrnissian of and written approvat by the City is required. (Added 02122110} Subd. 212 Wetland buffer strip. An area of vegetated ground cover around the perimeter of a wetIand that, either in its natural condition or thraugh intervention. has the characteristics of buffering the wetiand from surrounciing tandscaping. (Added 02/22/10) Subd. 213 Vijetiand detineatian. An assessment t�oI utilized to determine the boundary af a wetland using the US Army Corps af Engineers V1�etland Deiineation Manual {January l9$7) as we11 as any additional baundary determination reyuirements established in Minnesota Ru1es Chapter $420. A"Wetland Delineation Repart" is a document that summarizes the observations, resuits and conciusians performed during the assessment when wetlands are present. (Ad�led 0212211(I} Subd. 214 Yard, front. A yard extending aIong the fuIl length of the front lot line between the side lot lines. S�abd. 2 t S Yard, minimum required. The rrtinimum open space extending between a minimum building, setback line and the adjaining lot iine in which a principle building may not be placed and in which accessory buildings may only be placed as regulated in this Code. � Subd. 216 Yard, rear. A yard extending across the fult width of the Iot and measured between the rear line of the Iot and the rear Iine of the main building. Page 23 of $4 i i�� City af Arden Hills Chapker 13 Zaning Cade Subd. 217 Yard, side. A. yard between the building and the adjacent sideline of the lot ancf extending from the front yard ta the rear yard. Subd. 2I8 Yard Area, required rear. The minimum required rear yard depth multipiied by the average width af the totai rear yard. Subd. 2t9 Zoning map. The map or maps incarporated into this Code as a part hereof, delineating the zaning districts. Section 1320 — District Provisians 1324.O1 EstabIishment of Districts. The zoning districts designated herein are hereby established so as t4 assist th:e City in carrying out the intent and purpose of its Comprehensive Develapnnent Plar� far ihe City and to contro� development in a manner consistent with the pravisions af adequate pu6lic services and utilities. 132Q.42 Designation of Zoning Districts. For the purposes af this Cade ihe CiTy of Arden Hills is hereby divided into the fatlawing zoning districts: R- 2 R-2 lZ-3 R-4 �_ } B-2 B-3 B-4 NB ce GB I-1 I-2 I-Fiex PUD MR MB Single Fami�y Residential District Singie and Twa-Family Residential District Townhouse and Low Density Multipie Dwelling District Muitiple Dwe]ling District Limite�i Business Disirzct General Bus�ness District Service Business District Retait �enter District NB District c2vic center DI$trict Gateway Business District Limited Industrial District General Industrial District I-Flex Dzstrict Planned Unit Development t�verlay Distr�ct Mixed R.esidential District Mixed Business District 132Q.03 Allowahle Uses_ Uses allawed in any district. Subd. 1 Permitted Principal Uses �P} - Thase uses that are allowed as a matter af right and multipie operation uses, as defined herein, if at least one of the operatians is a permitted use and none of the operations is classified as a canditional use_ Permitted multiple family residential, business or industriai uses are required to submit a site plan in accordance with the requirements in Section 1355. � � Subd. 2 Canditionai Uses (S} - Those uses that are allowed oniy afcer issuance of a � Canditianal Use Perinit as required in Section l 355. Pa�;e 24 of 84 City of Arden Hitls Chapter 13 'Loning Code � Canditionai Uses may included those uses that are: A. Listed as conditional uses on the Land Use Chart (1320.05) B. Not listed on the Land Use Chart as either permitted or canditional uses, but which have been reviewed by the Planning Commission and designated by the City CaunciI as conditional uses which are similar to those listed; C. Uses that are both accessory uses and conditional uses (CA); D. Multiple Qperation Uses as defined herein, if at least one of the ope�-ations is classified as a conditional use. Subd. 3 Accessory Uses (A) Those uses that are incidental to the principal use of the premises on which it is conducted, Subd. 4 Canditional Accessary Uses (CA) Those uses that are both accessary uses and conditional uses, inciuding those Iisted an the Land Use Chart. Sabd. 5 PIanned Unit Development - PUD (D) 7'hase uses aIlawed anly after issuance of a PUD Permit. Uses allowed in a PUD may include permitted uses, uses by conditianal use permit, accessory uses and conditianal accessory uses. The underlying zonin�, � district(s) estabIishes the basic allowable uses and the general development standards_ Subd.6 For any new constructiot� or aiteration, building perrnits must be secured pursuant to the provision of the building cade and this Cade. Subd. 7 Where questions arise as to whether a praposed use falls within a permitted use category andlor a cc►nditionat use category and/or an accessary use category, or whether a specific use that is nat included on the Land Use Chart shouId be aIlowed in a particular district, the Planning Commission shall make a recommendation to the City Council which shall make the finaI determination that the use is simiiar to ather allowable uses in the district or that a zoning code amendment procedure shauld be initiated. 1320.04 Purpase of Districts. Subd. 1 R-1 Single Famity Residential District A. To establish areas for the developmeni of single famiIy detached hausing at a maximum density af approximately three (3) units per net acre. B. Ta reserve deveiopment areas for single-farnily housing. C. Ta restrict encroachment of incornpatible uses. � D_ To maintain density Iimitatians. E. To take advantage of municipal utilities. Page 25 of 84 0 City of Arden Hills Chapter 13 Zoning Code Subd. 2 F. To preserve open space. R-2 Single Family and Two Family Residential District � Subd. 3 Subd. 4 Subd. 5 A_ To establish areas for the development of single and two (2) family housing at a maximum density of approximately five units per net acre. B. To reserve development areas for single and two family housing. C. To restrict encroachment of incompatible uses. D. To maintain density limitations. E. To take advantage of municipal utilities. F. To preserve open space. R-3 Townhouse and Low Density Multiple Dwelling District A. To provide areas offering a broad development range in housing units with a maximum density of eight (8) units per net acre. B. To retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements. R-4 Multiple Dwelling District A. To establish areas for the development of multiple dwelling structures with a maximum density of twelve (12) units per net acre_ B. To permit the most intensive residential development allowed in the City. C. To maintain an essentially residential character in areas developed at a more intensive density. NB Neighborhood Business District A. To be located at the edge of residential neighborhoods. B. To provide a limited range of over-the-counter, eonvenience, retail, and service uses to accommodate the needs of the adjacent residents. C. To place limitations on the type, size and intensity of uses within this district, given its proximity to residential uses. D. To place emphasis on convenience for pedestrian, bicycle, and public transportation access to the use. � � Page 26 of 84 � City of Arden Hiiis Chapter 13 Zoning Code E. To accommodate, where possible, a public commons giving residents a � �Iace to gather and interact with one another_ F. Ta ensare adequate buffering is provided on these sites for the adjacent residential uses. G. Ta require, where applicable, compliance with the City's gateway requirements. Subd. 6 B-1 Limited Business Disirict A. Ta establish areas for the tocation and development of administrative office buildings and related office uses which are subject to more restrictive controIs. B. To provide a district which is related to and may reasonably adjoin high density or other residential districts. C. Ta estabiish a business district in which there is limited contact with the public and no exteriar display or seliing of inerchandise ta the general public. Subd, 7 B-2 General Business District (Revised December 3, 2008) � A. To be a place in which peopie can live, work and play, F3. To create a compact, architecturally diverse, pedestrian- and bicycIe- friendly community with a distinet identity. C'. To provide a connected sidewalk system and places for people to gather and socialize. D. To impiement design standards to prornote an attractive environment with tasting and sustainable vaiue. E. To group compatible retail and service business uses that tend to draw trade that is naturaliy interchangeable and promotes business prosperity. F. To pravide an adequate suppiy of businesses and prafessianal service areas to meet the neecis of the residents. ' G. To minirnize the effects of traffic cangestion, noise, odor, glare and similar safety problems. H_ To implement the Plan known as the "Guiding Plan for the B2 District," which was adapted by the City Councii an 4cto6er 27, 200$. � Subd. 8 B-3 Service Busmess Distriet Page 2? of 84 . City of Arden Hil1s Chapter 13 Zoning Code A. To accommodate an adequate supply of businesses and services that serve the community and motorists traveling through the community with a broad � range of services and goods. B. To provide locations for uses that may be incompatible with retail centers, thereby keeping the retail centers compact and convenient. C. To keep services in close proximity to arterial streets or highways in areas that are appropriately designated on the Comprehensive Plan. D. To encourage grouping of compatible and mutually supportive business uses and services. E. To promote business prosperity. F. To establish a high standard of development and design that produces a positive visual image and minimizes the effects of traffic congestion, noise, odor and glare. G. To allow a transitional reuse of existing buildings until market conditions warrant redevelopment. H. To enhance redevelopment potential by prohibiting uses that would impede redevelopment. I_ To ensure acce tahle traffic o erations on local streets . � P P J. To pramote flexibility in land uses and site development standards to achieve the purposes of the district. Subd. 9 B-4 Retail Center District A. To meet retail shopping needs of the surrounding community by providing a district that wiil accommodate a wide range of retail goods and services. B. To promote business prosperity by creating an attractive and functional retail center. C. To provide an integrated retail trade center that groups compatible retail uses in one or more multiple-occupancy buildings_ Free standing, single- occupancy buildings will be allowed if planned and constructed as part of a unified development that contains a retail center or is developed after such a retail center is developed. D. To produce a positive visual image by establishing a high standard of design and development. E. To allow transitional uses that will allow an orderly phasing out of � existing uses and deveiopment that are not appropriate in a contemporary Page 28 of 84 , * City of Arden Hi1ls Chapter 13 Zoning Code retail center and a phasing in of uses and deveiopment as warranted by market � C�T1C�ItI0I1S. F. To encourage grouping of uses that are mutually supportive and have sir3nilar requirements for vehicular and pedestrian accessibility and exposure. G. Ta alieviate potential traffic congestion on local streets by the design o� the circulation pattern and arrangement of uses. Sabd. 10 CC Civic Center District A. To implement that part of City of Arden HilIs Comprehensive Plan known as the Civic Center (CC} area. B. To create a destination-oriented area that serves as focai point for the Community where a mix of uses including public, smaIl retail, educationai, semi-pubIic facilities and some mid-to-high-density housing are located. G Ta bring forth a government center that wouId integrate Sunfish Lake with a civic cam�us and eommercial area, and create a gatheringlactivity place that is unified in purpase, design and use. D. To require strict deveIopment standards and buitding materials ta create a � high quality civic environment. E. To preserve, protect, anci enhance existing devetopment adjacent to the district. F. To promote compact, unified development that takes advantage of the proximity ta the adjacent open space areas and regianal transportation facilities. G. To minimize the effects of traffic congesti�an. H. To ailow development Ehat witl insure reasonable trafftc operation an the internal and surrounding transportation systems including Lexington, Hamline, and Highway 9b. i. To encourage arrangement af uses that are mutually supportive and have similar requirements for vehicular and pedestrian accessibility and ex�osure. Subd. 11 GB Gateway Business District A. To implement that part of Arden Hills Cc�mprehensive Develapment Plan known as the I-b941I-35�+I Ptan. � B. To promote high quaiity, unified, large-scale develapment in a manner similar to a planned unit development. Page 29 of $4 City of Arden Hitls Chapter 13 Zoning Code C_ To take full advantage of the site's location as documented and described in the NE I-694/I-35W Plan. � D. To allow only development that will create an attractive environment and a positive image for this site, which is one of the most visible in the community and represents the City's last major development site. E. To protect the site's environmental resources. 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 that will insure reasonable traffic operation on the internal and surrounding transportation systems. Subd. 12 I-1 Limited Industrial District A. To allow only those types and intensities of industrial uses that do not detract from the surrounding area. B. To maintain performance standards to keep the intensity of land utilization lower than in the general Industrial District. Subd. 13 I-2 General Industrial District A. To provide an area where more intensive light industrial land uses may locate. B. To present the leasi deleterious effect to adjacent, less intensive land uses. Subd. 14 I-FLEX District A. To preserve, protect, enhance and perpetuate existing development in the 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 buildings and sites_ C. To permit only those uses that will have traffic generation characteristics that are compatible with existing development in the district and that will ensure reasonable traffic operation on streets in the vicinity. D. Ta eneourage new site development that will be compatible with existing site development standards of existing devetopment in the district. � E. To promote flexibitity in land uses and site development standards to � achieve the ohjectives of the I-Flex District. Page 3Q of 84 0 City of Arden Hi[is C6apter 13 Zoning Code Sabd. 1S Planned Unit Developrnent (PUD) Overlay District � A. To atlow ftexibility in Iand development to benefit from new technology in building design and construction and in land development. B. To encourage variety in the organization of site elernents, land uses (residential and non-residential), buiiding densities, and building and dwelling types, C_ To promote higher standards of site and buiiding design through the use of trained and experienced professional land planners, landscape architects, registered architects, engineers and surveyors to prepare pIans for all PUD's. D. Ta preserve and enhance desirabte site characteristics and open space. E. To promote mare efficient and effective use of tand, open space and public facilities F. To effectuate the palicies and standards of the Arden Hills Comprehensive Development PIan. Subd. 16 MR Mixed Residential District (Added 7/14/2010) � A. To reuse approximately 220 acres of the former Twin Cities Artny Amtnunition P1ant {'I'CAAP) property in a way that accammodates a mix of Iand uses that is sensitive to the naturaI environment, economically sustainable, and a benefit to the community. B. Ta complete the enviranmental remediation of cantaminated land to support reuse of the area. C. To create a development of regionai significance that is a benefit to the eommunity and region. D. To integrate a development an the former TCAAP property with the developed part of Arden Hills. E. To provide a variety of housing options for a wide range of ages and incomes. F. Ta ereate a unified development where people can live, work, and piay. G. To create a pedestrian and hicycle friendly community. H. To implement design standards ta promate an attractive environment with lasting and sustainable value. � I. To minimize the effec#s af traffic congestion, noise, odor, giare, and similar safety prablems. Page 3 I af 84 City af Arden HiEis Chapter 13 Zaning Code Sabd. 17 MB Mixed Business District (Added 711412dIQ� A. To reuse approximately 244 acres of The former Twin Cities Army Ammunitian Plant {TCAAP) property in a way that accommodates a mix af land uses that is sensitive to the natural environment, economically sustainabie, and a beneft ta the cammunity. B, To camplete the environmentai retnediatzon of contaminated land to support reuse of the area. C_ Ta create a develapment of regional significance that is a benefit to the cammunity and region. D. To integrate a development on the farmer TCAAP property with the developed part 4f Arden Hilis. E. To pravide apportunities for a variety of businesses ta diversify the City's commerciai base. . F. To create a unified development where people can �ive, work, and play. G. To create a pedestrian and bicycle friendiy community. � H. To implement design standards to promote an attractive environment with � lasting and sustainable value. I. To group campatible retail and service business uses that tend to draw trade that is naturally interchangea6le and promotes business prasperity. J. To minimize the effects of tra�c congestion, noise, odor, glare, and similar safety problems. Page 32 of $4 � � City of Arclen Hills Chapter 13 Zoning Code t �t^�n nc� � . �. _.._ Page 33 of 84 City of Arden Hilts Chapter 13 Zoning Code . _ � _ �p� o� � ����� � _ _ ����Q � ' ' ��������Q . _ . __ _ ��Q������� ���� � _ �� _ � � _ ��S��Q�� _ , P C P �P C P P C P C P C P C � � Page 34 of 84 • � � � j0� V � � .� 0 N M H i. 6> Q. � � U .i.i x � � O U C C C � m m m m � a a a �a d m m o = � y y E v � � � mn m a n n n O O o � p v-o � 11 t1 !i ft � � �p � y y a a a � U O O O 'O N V V 0 v w a�i a c. a � a � � f6 m : N � � y o t H m in � � c 10 � m 2 p' a o a� � o a> `� o � m F3- o n' c� � f0 - � a c � w � � O II 17 N � IF � N � @ O � u u n u �j � O c � a a �°� �' a �, m � O ' .. p �� �" � N O j � m m - �. m � � U C N V >. 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U O •� � ) O � � . � y O L i_=� "c a> � a> � .n i m � � � 41 � .� � * * -o at iE * � -x� -t -� ce � O� �I-� O � M N � � a 4rdinance 2010-Q12 1320.07 Graphic Zoning Illustratian SX7E Lt?T LINE� —..�;' ' ' ��mi»M�wn side astDack line—�_ i ! i I 3j 5 � m� �� s� � d,� puNdaCla bt �ea i -� � i m 1 x.i I � SI j 7 1 i � 4.___._____..�_.____�_ --� � mmimmn side aBt6Sck �na—�-- i L — �,� � � �y � SRE lOT Lt+lE—� l07 DEpTH x O � m . SN?E l0T UliE ��� — T—� � .�_. .. _ � m ^ resr ysrd-.�•---_a. side ; irotrE YarO �zj iyard r. ° ��o� r- � � � �� i c � � <;:s « � � � !a b � f =`�� � o � o R � '� ., ,� i -�-t p t '^^ � � r -i � O ` ��:::-, m = r �� '�rk'' a 1'f � ;�� �':^:` �m `m V ��G��� Q )i'<._.. ����Ci F i � ' —� � side 1 ; YarO � � a Sif}E tOT CII�---� � !OT DEPTH � StYt GRAPHIC ILLUSTRATIQN OF 20NING TEItMS � � � � 0 i m I�y �� �m sy Z �m e � P � • ,n a'r � �o tz o'vt oa o n iz �m m v F t _ _.� Page 3fi of 84 Qrdinance 2010-012 1320.Q$ Special Requirements far the Neighborhood �3usiness (NB} Disirici. {Revised �128/ � zoos� Subd. 1 Pracedure. The application and the administrative and review procedure established in Section 1355.04 Subd 3, Conditional Use Permits anc! in Appendix A, Procedural Manual, shall be follawed for all developrnent that involves new building canstruction, modificatiat� 4f a building's exteriar c�r rt�adif cation of the site. C4ti(IitiO[1�I LTS� Permits are not required for permitted uses thai occupy approved buildings thaC do not require exterior building modification or site modification. This provision is subject ta any modifications or additions set forth in this Section. The prescribed pracedure may be modifed by the City to ali4w p4annzng flexibility and to encourage cooperaiive dialogue between ihe applicartt and ihe CitY- Subd. 2 Special Regulatians fc�r Permitted Uses in the NB District. Permitted uses are allawed as specified in the Land Use Chart, Seetion 1324.05, fc�r the NB District. However, this Code specifies additional requirements fc�r Clinics; Financial Institutions & Service; arzd Retail Sales & Serviee. These uses can, if unrestricted, place unacceptable levels of traffic on these sites and streets that would negatively impact adjacent residential uses autside the neighborhaod business district. A. Clinics sha11 not exceed three thousand (3,000} gross sq�are feet. B. Financial Institutions & Service shall not exceed five thousand {5,404} � gross square feet, nor include a drive thru facility, nor include an outdoor or detached autarnated kiosk. C. Retait Sales & Service shali not exceed three thousand {3,000} grqss square feet. These uses shall only include: antiques, art and sehool supplies, bakeries, 6icycles {nat maiorized), boc�ks, stationery, candy, carnera and photographic supplies, carpets and rugs, china and glassware, clothing and cQstume rental, canvenience store, custom dressmaking, c�rugs, dry gaods, flarist, garden supplies {year-round operatign an1Y), gifts, grocery, hardware, hats, hobby shops, household ap�liance repair, interior decorating (na retail furniture sales}, jewelry, locksmith shops, musical instrumer�ts, paint ar�d waiipaper, sht�es, sporting goads, tobacco, toys, and wearing apparel, and similar type uses. Automobile retated business, liquor stores, and restaurants, exceeding forty (44) percent in gross liquor receipts of the total faod and liquor receipis, would not be allowed in the Neighborhood Business District_ Sabd. 3 Special Regulatians for Conditional Uses in the NB Districi. Condiiional Uses are allowed as specifie€l in the Land Use Chart, Sectior� 1320.45, for the NB District_ However, this Code specifies additianal requirements fQr restaurants ar�d multiple family and two-family dwellings units. These uses can, if unrestricted, place unacceptable levels of traffic on these sites arzd streets that wauld negatively impact � adjace�t residential uses outside the neighbarhood business district. Page 3� of 84 Ordinance 2010-012 A. Restaurants shall not exceed three thousand (3,000) gross square feet. . Exterior seating wili be considered based on its impact on adjacent residential uses outside the neighborhood business district. B. Dwelling Units may be located within a mixed use development including non-residential structures. Subd. 4 District Requirements: (The district requirements in Section 1320.06 for the NB District will apply). 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 Development provision in Section 1320.14. At the time of submittal for the Conditional Use Permit and Site Plan Review, the applicant shall identify modifications to the standard zoning requirements 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 district. The applicant shall demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and complementary both internally and with adjacent uses, and meet the intent of the City as expressed in the NB District purpose and the above criteria for allowable uses. Subd. 5 Building Exteriors, Site Features and Site Development. Accomplishing • the stated purpose of the NB District requires particular concern for the design of buitdings, site features (such as landscaping, lighting, and signage) and site design. The arrangement, geometry, massing, materials and colors shall be responsive to existing buildings, site features and site design on adjoining sites in the district. A. The City Council will make the final determination on the compatibility and consistency with this provision_ B. Landscaping for the site shall comply with Section 1325.05, Subd_ l of the Zoning Code. C. Buffer yards thirty (30) feet in width shall be provide adjacent to all residential uses outside the neighborhood business district. The buffer yard shalt be }andscaped with a combination of evergreen trees and deciduous trees sucla that the use is substantially screened from the adjacent residences. The buffer yard iandscaping may require landscaping in excess of the minimum requirements. D. Hours of Operation shall be prohibited between the hours of I 1:00 p.m. to 6:00 a.m. All deliveries and loading shall be done during norma] hours of operation. • Page 38 of 84 Ordinance 2Q10-012 � E. Sloped Roofs shalt be utilized on all principal and accessory structures. Roofing materials and design shall be consistenE with those found in the adjacent residentiai neighborhoods outside the neighbarhood business district. F. Exterior Materials shaIl include only face brick, stone, glass, or natural wood produets_ All wa}Is shall be treated with the same exterior materials. G. Lighting shall adhere to the requirements in Section 1325.05 Subd 3. Lighting shall not be permitted to wash the building, except for accent lighting to delineate the main entryway into the building. Security and parking lot lighting shall be on pedestals not to exceed fourteen ( l4) feet in height. H. Trash shall be fully screened in a masonry enclosure or shall be stored within the principal structure. I. Vending Machines shall be located on the interior of the principal structure. J. Bicycle Racks shall be provided in an area that is convenient to the main entryway into the building. • K. Sidewalks shall be provided adjacent to all public rights-of-way. L. Gateways, where applicable, should be incorporated into the layout of the site. The 1985 Parkway System Feasibility Study and the Comprehensive Plan provide additional guidance on the incorporation of gateways. 1320.085 Special Requirements for the B-2 General Business District. The B-2 General Business District encompasses a primary gateway into the City. The aesthetic and transportation impacts from new developments and redevelopments must be evaluated to he[p ensure the long- term viability and success of the B-2 District. Accomplishing the purpose of the B-2 District requires particular concern for the design of buildings, site features (such as landscaping, lighting, and signage), site layout, building materials, site design, and other related design elements. To that end, new development and redevelopment shall conform to the standards in this and related zoning requirements. The "Guiding Plan for the B2 District" shall act as a guide for development but is not part of the Zoning Code. In reviewing and approving tand use applications, the City Council shall make the final determination on the compatibility and consistency with alI provisions in this and related sections of the Zoning Ordinance. (Re►�ised 12/3/2008) Subd. 1 Procedure. To further accomplish the stated purpose of the B2 District, the following procedures shall be used: �J Page 39 of 84 Ordinance 2010-012 0 A_ Proposals for new construction, redevelopment of a site, and significant modifications to existing sites shall use the Planned Unit � Devetopment (PUD) process. The PUD proposal shall identify any requested modifications from the applicable zoning requirements and from the "Guiding Plan for the B2 District" as well as the reasons why the modifications would be in the public interest and would be consistent with the purpose of the B-2 District. Modifications to these requirements may be granted by the City without a variance through the PUD process_ Conditional use permits may also be reyuired for uses list in Section I 320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before November 24, 2008, shall remain in effect but shall use the Planned Unit Development Process for future site amendments. C. The following items shali not be considered significant modifications to an existing site and shall be exempt from the PUD process but shatl be subject to administrative review and approval: 1_ Internal alterations to buildings that do not result in a change to the building height, roof line, or footprint unless the changes will have a notable increase in traff c and>or parking needs as determined by the Community Development Director or their designee; • 2. Replacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lots; 3. Minor modifications to the exterior of a building or a site that substantially conforms to the design standards in Section 1325 and has no discernable impact on traffic as determined by the Community Development Director or their designee; D. The provisions in this Section may be modified by the City Council to allow planning flexibility without the need for a variance to encourage cooperative dialogue between the applicant and the City_ Minor improvements to existing uses should be encouraged without costly upgrades or complete changes to a site_ Subd.2 Uses. A. Permitted uses (as specified in the Land Use Chart, Section 1320_OS, for the B-2 District) that occupy existing buiidings do not require a conditional use permit prior to occupancy. Other city permits may be required. � Page 40 of 84 Ordinance 2010-012 � B. Canditionat uses (as specified in the �and Use Chart, Section I320.05, far the B-2 Disirict} require an appraved conditional use permit prior co occupancy. Other ciiy permiis may be requ�red_ C. The fc�ilawing land uses are nat campatibie with the stated pur}�ose of the B-2 Distriei and shall be prohibited: 1. Individuat retail businesses larger than 50,040 square feet except for Sporis and Fitness Clubs. 2. Open sales, rental or starage lots, including but not lirnited to cars, buses, trucks, motorcyctes, bicycles, recreatianal vehicles, trailers, boats, rnobile horr�es, machinery, lumber, building materials, and similar items. Appraved open air garden centers shall be exempt. 3. Mini-storage faciiities; 4. "Tattao parlors; 5. Cansumer Small Loan estabiishments; 6. Outdaar bulk storage buildings, including but not timiied to, forest, metal, eor�crete, agricultural and petroteum products, chemicats � and similar products; and, 7. Manufacturing or processing that generates hazardous waste withaut a valid Hazardous Waste Generator's iicense from the Ramsey County P�blic Health Department. Subd. 3 Special Regulations for Drive-up Windows. Sectian i 325.04 of the Zaning Ordinance specifies additional requirements far drive-up windaws and auto�nobile service stations. The prc�visian whereby ihe pr4ximity requirement of one thousar�d three hundred and iwenty (1,324} feet between drive-up windows rr�ay be waived if the follawing conditions are met as determined by the Czty Council: A_ The architectural treatment, cireuiation plan, and signage system of such businesses shall be designed to visualiy and functionaity integrate the building and the site on which it is located. B. The applicant shal! submit a circulation plan that demc�nstrates that the use will nat interfere ar reduce ihe safety af nc�n-malorized movements, specifieally pedestrian and bicyciists. C_ Requested madificatians to the pravisians in section 1325.(?4 shall be stated in writing along with an expianation of why the madifcations � Page 41 of 84 Qrdinance 2010-012 wauld be in the public interest and would be consistent with the purpase af the B-2 District. � Subd. 4 Hotel/Motel Additianal Conditional Use Permit Criteria. In additian to meeting the reqc�irements of Section 1345 and 1355.Q4 Subd 3, hotel/matels shall cc�nf4rm to the fQll4wing: A. Meet building c4de rec�uirerrtents; B. Entrance ta each roam shall be fram an indaor corridor; C. Landscaping shall be brought into cflnformance with section 1325.Q5 Subd l. Subd. 5 Design Standards. The standards in section 1325 shall apply. 1320.09 Special Requirements for the B-3 Service Business District. The aesthetic and trartsportation impacts fram new developments and redevelopments rrrust be evaluated to help ensure the long-term viability and success of the B-3 District. Accomptishing the pu�pose of the B-3 District requires particular concern for the design af buildings, site features (such as landscaping, lighting, and signage}, site layout, building materials, site design, and ather related design elements. To that end, new development and redeveloprnent shall confarm to the standards in this and related zoning requirernents. In reviewing and approving land use applications, the City Council shall make the final determination an the compatibility and cansistency with all provisions in this and related sections of the Zoning Ordinance. (xe�ised rzir �i2oas� Snbd. 1 Procedure. To further accomplish the stated purpose of the E33 District, � the following procedures shall be used_ A. Proposa[s for new C4i1Sii`UCE14T1, redevelapment of a site, and significant modifications to existing sites shall use the Planned Unit Develapment (PUD) process_ The PUD prQposal shall identify any requested modifications from the applicable zoning requirements as well as the reasons why the modifications would be in the public interesE and wouid be cansistent with the purpose of the B-3 District_ Modifications to these requirements may be granted by the City without a variance thrQugh the PUD prc►cess. Conditionai use permits may also be required for uses tisted in Sectian 1320.05. $. Cc�nditianal Use Permits, Site Plans, and other development agreements that were approved for development sites before December 8. 2Q08, shall remain in effect but shall use the Planned Unit Development Process for future site amendrnents. C. The fQllowing items shall not be considered signi6cant modificatians to an existing site and shall be exempt from the PUD pracess but shall be subject to administrative review and approval: � Page 42 of 84 � Ordinance 2010-OI2 � (i) Internal alterations to buildings that do not result in a change t4 the building height, roof iine, or footprint unless the changes will have a notable increase in traffic and/or parktng needs as determXned by the Community Development Directar or their designee; {ii) Reptacement, maintenance, or repair of existing materials, including exterior finishes, signage, landscaping, and parking lats; {iii} Minor modificatians to the exteriar of a building ar a site that substantially conforms to the design standards in Section 1325 and has no discernable irripact on traffic as determir�ed by the Community Develapment Direc#or ar iheir designee; D. The provisians in this Seetion rriay be rnodified by the City Council to a11ow plar�ting flexibility without ihe need for a variance ta encaurage coaperative dialogue between the appiicant and the City. Minor improvetnents to existing uses shouic! be encouraged withaut costly upgrades ar complete changes to a site. Subd, 2 Uses. A. Permitted uses {as specified in the Land Use Chart, Sectian 1320.45, for the B-3 District} that occupy exisEing buildings do not require a � conditional use permit prior to occupancy. Qther city permits may be required. B_ Conditional uses (as specified in the Land Use Chart, Section 1320_Q5, for the B-3 District} require an approvcd conditional use permit prior to occupancy. Other city permits may be req�ired. Subd. 3 Special Regutatians for Drive-Up Windows in the B-3 Districi. Sectian l 325.04 of this C4de, specif es additional requirements for drive-up windows and automobile service statio�s. The provision whereby the proxirr�ity requirement of one thousand three hundred and twenty (1,320} feet between drive-up windows may be waivec� if the follawing conditions are met: A. The operation consists of one or mc�re drive-up windowsand is an integral part of a buildin� cantaining 4ne or more ather a(lowed uses, ar the operation is part of an architecturaily unified complex containing two or rnore businesses using drive-up windaws B. Shared access clrives and shared parking are utilized by all such businesses using t�rive-up windows in said building or comptex. � Page 43 of 84 Ordinance 2010-Oi2 C. Qnly one building or arehitecturally unified camplex containing two or more businesses using drive-up windows will be allowed in addition to � one freestanding 6usiness using a drive-up window_ D_ The archiiecture and the site, grading, circulatian, landscaping, screening and signage plans shall unify the appearance and function of the complex ar building. E. An architecturally unified complex may consist af one or more buildings on one c�r more parcels if the intent of praviding a unified appearance and function is not compramised. F. The applicant shall submit a circulation plan that demonstrates that the use will nQt interfere ar reduce the safety of non-mc�torized rt3c�vements, specifically pedestrian and bicyclisis. Subd. 4 Design Standards. The standards in seciion 1325 shali apply. 1320.1Q Special Requirements for the B-4 Retail Center District. (xevised r2�17�2008) Subd. 1 Procedure. To further accomplisl� the stated purpose af the B-4 District, the foilowing prt�cedures shall be used: A. Proposals for new constructic�n, reclevelQpinent af a site, ar�d � significant nrtc�dificatians to existing sites shall use ihe Pianned Unit Develapment {PUD} 4r the Cc�nditianal Use Perrnit {CI1P} process_ The prapasal sha11 identify any requested mc�difications from the applicable zoning requirements as well as the reasons why the madifications would be in the public interest and wauld be cansistent with the purpose of the B- 4 District. Modificatians to these req�tirements may be granted by the City without a variance through the PUD process. Conditional use permits may alsa be required for uses tisted in Section 1320.05. B. Cor�ditit�nal Use Permits, Site Plans, and other development agreements that were apprt�ved far development sites before December 8, 2Q08, shall remain in effect. C. The fO��OWitig items shall nat be considered signifcant madifications to an existing site and shal! be exempt from the PUD or CUP process but shall he subject ta admi�istrative review and approval: (i} Internal alteratians to buildings that do nat result in a change to the building height, roof iine, or faotprint unless the changes witl have a natable increase in traffc and/or parking needs as determined by the Corrmmunity Devetopment Directar or their designee; � Page 44 of 84 Ordinance 20I0-012 � (ii) Replacement, maintenance, c�r repair c��� existing materials, including exierior finishes, signage, landscaping, and parking lots, ti11�M111t}C iTlt?{II�Cr��iOTiS ta ihe exterior of a building ar a site that conforms t4 applicable zoning regulatians and has no discernabte impact on traffic as determined by the Community Development Director or ti�eir designee; D. The provisic�ns in this Sectian may be modi�ed by the City Council ta allow ptanning flexibility without the need for a variance tc� encourage coc�perative diaiogue between the applicant and the City. Minor improvements to existing uses shauld be encouraged withaut castly upgrades or cornplete changes to a site. Subd. 2 Permitied Uses. Du� to the replacetr�eni, reuse or redevelopment nature of patential development in this district, the list of I-2 pern�itted uses as of April 1991, that are nat permitted in the B-4 District, will be allowed in buildings existing in Apri! 199i as permitted uses until redevelQpment or replacement of the bui(ding ar buildings housing such uses accurs, Such uses will not be allowed in buildings constructed after April I991. The perrr3itted uses on the Land tlse Chart, Section 132Q.Q5, in the B-4 Disirict will be permitted either as replacement uses in buildings existing as of April 1991 or as uses in replaced or redevelaped buildings. � Subd, 3 Uses Allowed by Conditianal Use Permit. Due tc� the replacement, reuse ar redeveloprnent nature of potential development in this district, the existing I-2 uses allowed by canditional use permit as af April 1991 will be allowed to continue as conditional uses until rec�evelopment or replacement of the building or buildings housing such uses occurs. No new I-2 uses by canditional use permit will be allowed unless those uses are permitted or allowed by conditianal use germit in ihe B-4 District. The uses allflwed by Conditional Use Permit an the Land Use Chart, Section 132Q_Q5, in the B-4 District will be allowed by conditional use permit either as replacement uses in buildings existing as af April 1991 or as uses in reptaced, redeveloped or new buildings. Subd. 4 Special Regulatians for Drive-Up Windows in the B-4 District. Sectiar� 1325.Q4 af this Code, specifies additiona] require�nents far drive-up windo�vs and autornobile service stations_ The provision whereby the proximity requirement af one thousand three hundred and twenty (1,320) feet between drive-up windows rriay be waived if the following conditions are rnet: A. The architectural treatment, circulation plan, and signage system of such businesses shall be designed to visually and funciionally integrate the building and the site Qn which iC is located. �� Page 45 of 84 Ordinance 20I0-012 0 B. The applicant shali subrriit a circulation plan that demonstrates that the use will not interfere or reduce the safety of nort-motorized movements, � specifically pedestrian and bicyclists. C. Requested madifications to the pravisians in sectian 1325.04 shatl be stated in writing alang with an explanation of why the modifications wauld be in the public interest and would be consistent with the purpose af ihe B-4 District. Subd.S District Requirements. The requirements below are established for development of individual "lots" and for the overall development of "planned projects". "Lots" are individual parcels on which may be placed a single building (either single or rnultiple-accupancy). "Planried projects" are sites on which may be placed (a) A single or muiti-occupancy retail center; (b) "I'wQ or more free-standing, single or mu�tiple-occu�ancy buildings; or {c) A c;ornbination of (a) and (b). A"retail center" is a single building hausing either several retail Qutlets or a single retail autlet with several departments. In a"planned project" individual lots may be created for separate buildings or parts of buildings l�ut separate buildings are not required to be located on separate lots. To allow maximum development creativity and flexibiiity, regulations such as lot area, side and rear yard building and parking setbacks, Floor Area Ratio {F.A.R.), namber af parking spaces, percent of landscape area, ete., may be modi�ed far individual parcels and interior lot lines within a project. Hawever, the regulations for these same items n�ust be met for the total � prQject area and exterior project lot lines. A. Minimum I.ot Area Requiret�ents: 1_ Multiple-occupancy retai) center: � acres 2_ Free-standing, single or multiple-occupancy building: 2 Acres B. Maximum Bulk Requirements: l. Height: 3S feet 2. Floor area ratio (F.A.K.): _30 3. Lot coverage by structure: 25% C. Minimum Landscaped Area: 2S% D. Minimurn Building Setbacks: 1. Front yard and exteriar project lines: 50 ft � Page 46 of 84 � � 2. Side yard: 20 feet 3. Rear yard: 20 feet Subd. 6 T3uilding Exteriors, Site Features and Site Development. Accomplishit�g the stated purpase of the B-4 District requires particular concern for the design af buildings, site fea�ures {such as landscaping, lighting and signage} and site design. The arrangement, geometry, massing, materials and calors shali be responsive to existing buildings. The City Council will make the final determination on the cornpatibility and consistency with this provision, A. Landscaping (Section ] 325.45, Subd 1, shall applY) B. Parking {GB District regulations, Section 132Q.13, shail aPP�Y) G Signs {GB District regulatians, Section 1320.13, shali apply} D. Lighting {GB District regulations, Section 1320.13,} shall applY) E_ Pedestrian Circulation: All development within the B-4 District shali incorporate pedestrian improvements, which may include tnore specific City requiremenis that become apparent in the plan review process. � 1�'. Drainage lWater Management Plan: A plar� must be submitted with each praject or lot develapment in the B-4 District. The glan must be approved by the Rice Creek Watershed Disirict, other agencies as required, and by the City Engineer. Qn-site ponding is encouraged as a visual and functional amenity. Two or more lots or pro�ects may coordinate their plans for iheir mutuat bene�t_ 1320.11 Specia! Requirements for the Civic Center (CC} District. (Revised 4/28/24Q&) Sabd. 1 Procedure. The applicatian and the administrative and review procedure established in Sectian 13S5.44 Subd 3, Conditior�al Use Permits, and Appendix A, Procedural Manual, shall be followed for all development that involves new buitding construction, modificatior� c�f a bailding`s exterior, ar modifcation af the site. This provision is subjeci to any modifications or addztions set forth in this Section. The prescribed pracedure may be modifed by the City to aliaw planning flexibilit}� and io encourage cooperative dialogue between the applicant and the City. Subd. 2 Allowable Uses. Development witi�in the CC Disirict wilt include �ses thai are permitted and conditional uses on the Land Use Chart, Sectic�n t 320.05, under the CC Districi. These uses znust be c4nsistent with the stated purposes af this district ar�d ihe followir►g deveiopment criteria: � Ordinance 2010-012 Page 47 of 84 . Ordinance 2010-OI2 0 A. Uses_ Uses as shown on Land Use Chart Section 1324,05, under the CC District as permitted and conditional uses are allowed. Uses not � expressly siated on the chart are not allowed, unless determined by the City Council that the us� is similar tc� the allowed uses and that tlae use is in the best interest af the City and the CC Disirict. In this case, the applicant must demonstrate to the satisfaction of the City that the proposed uses, lot sizes, height, use mix, location and relationship with other existing and proposed uses are compatible and comple�nentary both internally ar�d with adjacent uses, and me�t the irttent of tl�e CC District purpases and the criteria for allowable uses. B. Staging Area. With the exceptian of during a new construction period, siaging areas sha11 be free of such materials, equipm�ent ar vehicles at the cic�se of each business day. C}vernight, weekend or holiday starage is not permitted. Materials tra��sfer is permitted anly far such activities necessary during the normal day-to-day business operation between the hours of 6:Q0 a.m. and 6:40 p.m. Monday thrgugh Friday. C. Hazardous Materials. All hazardous materials used or stored c�n site are subject ta the regulation of the State Fire and Buildirrg Cade and the Minnesota Pollutian Control Agency {MPCA}. D. Internal Traffic CQntral. All buildings shall be accessible to and fram nearby public streeis_ City desi,gn review will include pedestrian, bicycle, � transit and autamotive circulation patterns and needs. Subd. 3 Prohibited Uses. Some land uses are specifically not cotnpatible with the stated purpose af the CC District. The fallawing uses are therefore prc�hibited: A. Qutdaor storage of equipment, vehicles, and materials. Any type of storage associated with use must be fully contained within primary ar accessory building. Materials used in "stagin� areas" musi not remain on grc�und far mc�re than twenty-four (24) hours_ B_ Towers for telecammunications. 4nly aniennas that are flush, parallel, unobtrusive and pair�ted the same color as building wi11 be allowed. C. Qpen sales, rental or storage lats, including but TIQ� iliT11��CI t0 C�iS, buses, trucks, mQtorcycles, bicycles, reereational vehicles, irailers, boats, mobile homes, machinery, lumber, building materials, landscape materials, and similar items_ D. Fast food establishments. E_ Businesses using Drive-up Wir�dows. � Page 48 of 84 Ordinance 20I0-012 � F. Singte and two-famiiy hausing- G. Gasoline service scations. H. Casinc�. I. Uses that the City may determine are incompatibie with its abjectives ar with develapment as it may occur, thereby imposing or establishing new ar unforeseen standards. Subd. 4 Development Standards. A_ All district standards specified in Sectican 1320.Ob must be met. B. Maximum Floar Area Ratzo (FAR}. The total FAR shail not exceed (}.$_ C. Builc�ing Height and Setback. To accomplish the intensity and scale of development consistent wit1� the defined purpose of the CC District, multi-s€ory buitdings will be allawed. I. State Highways or County Roads: Minimum building setback is 60 feet. Building setbacks from State Highways or Caunty Roads are � measured from raadway easement line. 2. Parking setbacks. Parking areas shall be set back twenty (20) feet fram a31 roadways. The side yard setback requirement for parking is five (Sj feei. 3. Parking between the front af the building and the raadway is not permitted. Parking lots rnust be setback to be ptaced either even with ar behind the primary structure. 4. Thirty-five {35) feet is the t�aximum height atlowed. S. ��he use of stepped building heights is encouraged to provide visual transition. This applzes to bath multi-bui(ding complexes and single buildings. b. The locatian of buildings relative to their heights wiil consider views and relationship from wi2hin the CC District and from pubtic and private areas off the site. D_ Landseaping and sereening. Appropriate anci unifiec! landscaping is essential to effectively meei the def ned pu�pose of the CC District. � Page 49 of $4 0 Ordinance 2010-012 1. A landscape pian shall be submitted as required in Section � 1325.05, Subd 1 of the Zoning Code. 2. Fences. If fences are used for landscape screening, they must conform to the following: a. No higher than six (6) feet in rear yards oniy; b. No barbed wire, razor wire, or spikes allowed. c. Fences must blend into the landscape and minimize corrosion. Wood, brick, stone or wrought iron is encouraged. If chain link is allowed by the City Council, it must have black or dark green vinyl coating. d. A11 other requirements of Section 1325.05 Subd 4 must be followed. 3. Special attention to screening from roadways must be given. Screening along Highway 96 must be consistent in appearance and materials. 4_ Overhead garage doors, large parking lots, mechanical utilities and other such items must be properly screened. � 5. Special attention must be given to the Gateway entrances at Highway 96 and Hamiine Avenue and at Highway 96 and Lexington Avenue as specified in the community gateway study. E. Building Exteriors. The appearance of buitdings is the most important component in land development_ Accomplishing the stated purpose of the CC District requires particular concern for bui}ding design. l. The arrangement, geometry and massing of individual buildings shall be responsive to the arrangement of the whole CC District_ 2. Exterior building materials shall be of brick, stone, glass or any combination thereof, except trim and accessories may be metal. Materials and colors seiected for any individual building shall be compatible with other buildings in the CC District. 3. Exterior characteristics and building materials shall utilize consistent motifs in design, size and scope to create unity in the CC District. All building elevations shall be considered "fronts." � Page 50 of 84 Ordinance 2010-012 � � � 4. All service entrance areas, mechanical equipment and trash handling devices shall be fully screened. F. Parking. Parking requirements contained in Section 1325.06 shall apply. However, these requirements may be adjusted by the City in the project review process if the changes will more effectively accomplish the stated purpose of the CC District. G. Traffic Impact Study. The City may determine if a use will impose limitations on traffic. H. Generated within the CC District. In order to maintain the functional capacity of the area road system, a traffic study prepared by a traffic engineer may be required. I. Signs. Signs are regulated by the Arden Hills Sign Code subject to any modifications or additions contained herein. J. Lighting. Exterior lighting shall be provided for the safety and convenience of occupants and visitors. l. A lighting plan shall be submitted that shows location, rype of illumination and design. 2. Exterior lig�ting shall be consistent in type, design, and scale to create unity in the CC Disirict_ 3. The source of illumination shall be hooded, concealed or controlled in a maruier so as not to be visible from adjoining lots, streets or highways or residential areas south of Highway 96. 4. Light washing of buildings is prohibited. Wall packs are allowed at entrances only. Accent lighting of buildings and sites may be permitted by the City. A photometric analysis of site and building shal} be submitted for City approval_ K. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accordance with the City of Arden Hills Comprehensive Plan_ Other pedestrian sidewaIks and trails may be required by the City. l. Site design shall facilitate pedestrian connections and mobility within and between building, sites, and uses by providing clear visual indicators through door placement, signage. and integrating landscaping components. Page 51 of 84 Ordinance 2010-012 2. The city may require bike racks; racks must be placed to not � impede pedestrian circulation. 3. Internal sidewalk systems shail connect with adjacent planned or developed pubtic sidewalks or trails. L. Draina�e, Wetlands and Flood Plain. A water management plan must be submitted for each project in the CC District. The pian must be approved by the Rice Creek Watershed District, other agencies as required, and the City Engineer. l. Regional ponding is encouraged as a visual and functional amenity; two or more sites may coordinate their water management plans for their mutual benefit. 2. Utility Lines_ Underground utility lines shall be required in all development within the CC District. Except for temporary measures by special permit, there shall be no utilities located overhead. 1320.12 Special Requirements for the 1-Flex District. (Revised IZ/T7/2008) Subd. 1 Procedure. To further accomplish the stated purpose of the I-Flex District, the following procedures shail be used: A. Pro osals for new construction, redevelopment of a site, and � P significant modifications to existing sites shall use the Planned Unit Development (PUD) or the Conditional Use Permit (CUP) process. The proposal shall identify any requested modifications from the applicable zonin� requirements as well as the reasons why the modifications would be in the public interest and would i�e consistent with the purpose of the 1- Flex District. Modifications to these requirements may be granted by the City without a variance through the PUD process. ConditionaI use permits may also be required for uses list in Section 1320.05. B. Conditional Use Permits, Site Plans, and other development agreements that were approved for development sites before December 8, 2008, shall remain in effect. C. The following items shall not be considered significant modificatians to an existing site and shall be exempt from the PUD or CUP process but shall be subject to administrative review and approval: (i) Internal alterations to buildings that do not result in a change to the building height, roof Iine, or footprint unless the changes will have a notable increase in traffic andlor parking needs as determined by the Community Development Director or their designee; � Page �2 of 84 Qrdinance 2010-012 � (ii} Replacement, maintenance, or repair af exiscing materials, inciuding exteriar firtishes, signage, landscaping, and parking 1ots; {iii}Minc�r modifications to the exterior af a building or a site ihat conforms to the appiicab(e zaning regulations and has na discemable irripact on traffic as determined by the Community Deveiopment Director or their designee; D. Tl�e prt�ti�isions in this Section may be modified by the City Cauncil io allow planning flexibility wiihaut the need fc�r a variance to encourage caoperative dialague between the applicant and the City. Minar improvements to existing uses should be encouraged without castly upgrades or compleie changes to a site_ Subd. 2 Permitted Uses. Permitted uses are allowed as specified an ihe Land Use Chart, Section 1324.OS. for the I-Flex District. Subd. 3 Uses allowed by CondiTional Use Permit. A. Used allowed hy Canditionat Use Permit as specified c�n the I.and Use Chart, Section 1320.0�, for ihe I-Flex District. � B_ Wholesaling artd warehousing if such use is wholly cantained within a building and occupies not more than fifty {50} percez�t af the gross floor area of the building in wl�ich it is located. C. Wholesaling, warehousing and related accessory uses which were in existence in April 1991 issued a Conditional L1se Permit, W�IICIl WiII ���4W such uses to continue on the site, ar within any existing ar expanded facilities or improvements thereon, provided that the ratios of conditional uses to the grass floor area of ihe building do not exceed the ratios existing as 4f the date here4f: The Conditional Use Permit shall define the scope and ratios of existing uses and may be amended in compliance with the procedural requirements af Section 1355.04 Subd 3 reIative to Canditionat LJse Permits. �. Manufacturing or processing that generates hazardaus waste with a valid hazardous waste �enerators license from the 12amsey County Public Health Department or other iicensing agencies having jurisdiction. Subd.4 PrQhibited L1ses_ Somc land uses are not compatible with the stated purpase af this district and will not be allowed. The fallawing uses are prohibited: A. Residential uses, except those required for safety ar�d security reasons � in relation to the principal use. Page 53 of 84 Ordinance 2010-012 B. Open sales, renta! ar storage uses ar lots. C. Vehicular sales, lease, rental or repair. D. Truck terminals, freight terminals and freight forwarding services. E. Bulk storage buildings, yards and terminals, including but not lirnited to forest, metal, concrete, agricultural and petroleum products; chemicals and similar products. F. Manufacturing ar processing that generates hazardous waste without a valid hazardous waste generator license fram the Ramsey County Public Health Department or other licensing agencies having jurisdiction. Subd. 5 Building Exteriors, Site Features and Site Development_ Accomplishing the stated purpase of the I-Flex District requires particular concern for the design of buildings, site features (such as landscaping, lighting, ar�d signage} and site design, The arrangement, geametry, massing, materials and colors shall be responsive to existing buildings, site features and site ciesigr► on adjoining sites in the district. The Ci�� Ct?Lii1C1� WII� make the final determination on the compaiibility and consistency Wii�"1 t�I1S �?I"{}V1514i3. � 1320.13 Special Requirements for the C`latewav Business (GB) District. (Re►�ised 4/28/2008} � Subd. 1 Pracedure, The application and the administrative and review procedure established in Sectian 1355.04 Subd 3, Conditional Use Permits, and Appendix A, Prvicedural Manual, shall be followed for all development that involves new building constrc�ctian, rrtadification c�f a buitdir�g's exterioc, or modification of ihe site. This provision is subject to any modifications or additions set forth in this Sectian. The prescribed pracedure may be modified by the City to allow planning flexibiiity and to encourage eaoperative dialague between the applicant and the City. Subd. 2 Definitions af Terms Used Herein. A_ Gateway Business {GB} District_ A disirict esiablished specifically to pravide a flexible framework far the develapment of the area af the city generally located in the northeast quadrant of the interchange at I-694 and I-35 W. $. Mixed Use Project. A se�;ment of the GB District that is controlled by a single developer entity, containing more than one type af use, and planned as a sin�te deve3op�nent but may be developed in mc�re than a single stage. Page 54 of 84 � y Ordinance 2010-012 � C. SingEe Use Pr4ject. A se�ment of the GB DisErict that is cantrolled by a single deveioper entity and containing � single type of use, planned as a single development and encompassing ane or more parcels k�ut tnay be developed in mare than a single stage. Subd.3 �ilawable tJses. Develaprrtent within ihe GB District witl inclt�de ases that are speci�ed an the Land Use Chart, Sectian 1320.05, and shali eampiy with the followir�g development criteria: A. Of�ce uses occup}�ing not iess ihan twenty-five (2S} percent nor mare than fifty (50} percent of a praject's total flaor area. B. Ti�e mix, relationship and intensity of uses and buildings will be compatible and complerr�entary both internally and with adjacent uses. C. Retail or service businesses offering gaads, merchandise or personat services far sale primarily to those employed in the GB District will be allawed ta oceupy no more than fifteen ( I S} percent of the tatai floor area af the buiiding in which they are located. Service stations with retail services and with a car wash sha11 be exempt from this restriction. D. Mu3ti-family residential use is Iicnited ta that area adjoinin� the public area suna�nding Round Lake and sha11 not exceed fifteen (15} percent of � the tatai land area in the GB District exclusive of Parcels 2, 3, 4 and 5 as identified in the NE I-6941I-35W Plan. Densities shall not exceed those allowed in an R-4 Residentiai District. E. Licensed day care faeiiities will be allawed either in a building containing other uses or in a freestanding building. Freestanding day care faci�ities are not required tQ meet minimurr� flac�r area or minimum lat area requirements otherwise required in the GB District. F. The use is in the best interest af the City and the GB District. The applicant shail demonstrate to the satisfaction of the City that the prc�posed uses, lat sizes, height. use mix, lacation ar�d relationship with ather existing and proposed uses are compatible and campiementary both internally artd with adjacent uses_ and meet tt�e intent of the City as expressed in the GB District purpose and the abave criteria for allowabie uses. Subd.4 Uses Allawed by Cc�nditional Use Permit. Service stations with retaii sales and services ar�d wiih a car wash are allo��ed by Canditit�nal Use Permit. Such uses shall c►ffer retail, gasoline, and car wash services and shail not contain vehiele repair 6ays or offer vehicle repair services; mznor repairs; incidentai body and fender work; minor painting and uphc�lstering; replacement parts and motor services to � passenger automobiles and trucks not exceeding one and one-half tans capacity, Page 55 of 84 Ordinance 20�0-012 major general repair; rebuildin� and reconditioning of engines, mator vehicles or trailers collision service, including body, frame, or fender straightening or repair; or � overall painting or paint job_ Subd.S Prohibited Uses_ Some ]and uses are not compatible with the stated pu�pose af the GB L?istrict. The fallawing uses are therefore prohibited: A. Single-family or two family residences B. Qpen sales_ renta3 or storage lats, including but not limited to cars, buses, trucks. motgrcycles, bicycles, recreational vehicles, traiiers, boats, mc�bile hgmes. machinery, lumber, building materials, landscape materials. and similar items. C. Vehicutar sales, lease rental or repair, including but nat limited to Ehe items listed €n (b) above. D. Truck terminals� freight terminats and freight forwarding services. F. Bui4ding suppi�r stores and yarcfs_ F. Qutside stora�e_ G_ VVarehousin� and whalesaling exceeding seventy-five (75j percent of � the building in u-hich it is lvcaied. H. Mini-storage facilities. 1. Bulk storage buildings, }rards and terminals, including but not limited to, farest, metal, concrete, agricultural and petroleum praducts, chemicais and similar �roducts. J. Manufacturin� that requires autdoc�r storage of bulk, raw or finished materials used in or resulting fram the ma�ufacturing process_ K. Manufacturin� or processing that generates hazardous waste with4ut a valid Hazardous Waste Generator's license from the Ramsey County P�blic Health Departmeni. L_ Uses that the City may determine are incampatible wit13 its objectives ar with cleveloproent as it may occur, Ehereby imposing flr establishing new or unforeseen standards. Subd. 6 Development Standarcls. A_ Minimum project and lot size_ Page 56 of 84 � l__i 0 i Ordinanee 2010-012 1. Except as otherwise specifically set forth in this Section, a mixed- use project within a GB District shall contain a minimum of twenty (20) acres. The proposed land uses in such a project and their mix, intensity and relationship may require varying lot sizes within said project, none of which lots shall be less than five (5) acres in size except as otherwise permitted herein. 2. Lots of less than five (5) acres within a mixed use project may be permitted only when the applicant has demonstrated satisfactorily that: a. The lot will be the site of a use that wili be compatible with and will complement and enhance existing and planned businesses. b. The primary business of the proposed complementary use will serve business activities within the GB District. 3. Single use projects, exctuding service stations with retail sales and services and with a car wash, shall contain a minimum area of ten (10) acres_ � 4. Interior lot lines within a mixed or single use project may be located to allow individual ownership of specific buildings. To allow max�mum development creativity and flexibility, regulations such as side and rear yard building and parking setbacks, F.A.R., number of parking spaces. percent of landscape area, ete., may be modified for individual parcels and interior lot lines_ However, the regulations for these same items must be met for the total mixed use or single use project area and exterior project lot lines. a. Minimum Building Size. To accomplish a scale of development consistent with the defined purpose of the GB District, the minimum ground floor area of a building other than residential uses, and for service stations with retail sales and services and with a car wash, shall be twenty thousand (20,000) square feet, except as otherwise regulated herein. b. Maximum 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 objectives of the GB District, mixed use projects shall conform with the following reIationships, F.A.R., building height, and landscape iot area_ Minimum Maximum Minimum Building Height Project Landscape Page �7 of 84 Ordinance 2010-0I2 0 In Stories 2 1 F.A.R. 0.5 0.4 a.� Lot Area 35% 35°l0 35°l0 � Praj. F.A.R. = F.A. Bldg. 1+ F.A. Bldg. Etic}g. 2+,..F.A. Bldg. n A Where: F.1�. = Tota1 Floar Area in Square Feet n = Total Nurnber of Buildings A = Project Area in Square Feet B. Building Height and Setback. Ta accamplish the intensity and sca]e of development consistent with the defined purpose of the GB District, multi-stc�ty buildings will be encauraged. 1. Building height wrill be regulated oniy as it affects the safety af occupants, corrtpatibility with other uses and buildings, and other City and Districi requirements_ 2. The use of stepped building heights is encauraged to provide visual transitiQn. This applies to bath multi-building complexes and single buildings. 3_ The location of bni3dings relative ta their heights will cansider views and relationship from within the GB District and frc�m public arid private areas off the site. � 4_ Minimurn building setback require�nents are fifty (50) feet from atl streets and exterior project praperty lines and twenty (20} from all interior property iines, except that interior lat line setback requirements may be madified by the city in ihe project review pracess if specific conditions of the pr4ject plan justify madificatian. C. Landscaping. Appropriate and unified landscaping is esserttial tQ effectively meet the de�ned purpose of the GB Disirict. 1_ A landscape plan shal! be submitted as required in Section 1325.05, Subc� I, of the Zoning Code. 2. Special tandscape enhancement of views fram I-694 and I-35W will be required. D. B�ilding Exteriors. The appearance af buildings is the �nost impartant cc�mponent in land develapment. Aecornplishing the stated pu�pc�se of the CrB District requires particatar cancern for building design, � Page �8 of 84 Qrdinance 2010-012 � 1. The arrangement, geometry and massing af individual buildings shall be responsive to the anangement, geometry and massing of the whc�le of ihe GB District. 2. Exterior building ireatment {wati surfaces) shall be af brick, stone, glass or any cc�mbinatian thereof; except trim and accessories may be metai. 3. Mater€als anci colors selected for any individual building shall be compatibie with other buildin�s in ihe GB District. 4. All service entrance areas, mechanica� equipment and trash handling devices shal3 b�. screened from adjacent building and off-srte visibility_ 5. A"campus" plan arran�.ement is hereby encouraged and a ,�signature'" building is considered desirable. E. Parking. Parking requirements coniained in Section 1325.Ob shall apply. ��owever, these requirernents may be adjustec! by ihe City in the project review process if the changes will mc�re effectively accomp#ish the stated purpase af the GI3 T?istrict. � Surface parking shaIl maintain a fifty {54} faot {andscape setback from ali public streets and a tv�-ent}� {2Q) foot landscaped area frQm exteriar prc�ject prc►perty lines, except far access drives that may cross the setback area. Since the ir�tent af this parking seiback is to prQvide visual separation for large scale developments service stations with retail sales and services and with a car wash shall be exempt for this particular requirement and instead shall be required to meet the general parking setback requirenc�ents {a twenty {24} foot parkir�g setback fro�n any public street or right-of-way and a#ive {S} faot parkin� setback from any side or rear property lines) as stated in Section 1325.06_ F. Traffic Impact Study_ The City ha� determined that the traffic capacity af the interchange at I-35W and State Highway 96 will impose �imitations on traffic generated within the GB District. In order to maintain the funetianal capacity of the area road system, b4th internai and external traffic and parking plans and tra�c generation studies prepared by registered traffic engineers will be required far all project within the GB District_ G. Signs. Signs wil! be regu[ated b}� the Arden Hilis Sign Code subject ta any modifications or aciditions contained herezn. Ta promate the purpase � of the G$ District: Page 59 of 84 Ordinance 2010-412 1. A sign plan shall be submitted in connection with the site plan or � PUD Master Plan that shows the location, type, size and design of the individuai signs. 2. Deviation from the standard regulations shall be allowed only after the applicant demonstrates, and the City concurs, that the deviation is essential to further the purpose of t�e GB District 3. Any billboard located in the GB District may be expanded, altered, relocated or otherwise modified solely upon written approval of the City, provided the expansion, alteration, relocation or modification is authored by the City of Arden Hills in connection with a transaction which will result in a net reduction in the number of billboards or in the aggregate sign face area of the billboards, located within the GB District. � H. Lighting. Exterior lighting shali be provided for the safety and convenience of occupants and visitors. l. The source of illumination shall be hooded, concealed or controlled in a manner so as not to be visible from adjoining lots, streets or highways or residential areas east and south of Round Lake. 2. Accent lighting of buildings and sites may be permitted by the C ity. 3. A lighting plan shall be submitted that shows location, type of illumination and design. I. Pedestrian Circulation. All development within the District shall install pedestrian improvements in accarclance with the NE I-694/I-35W Plan approved by the City. Other pedestrian sidewalks and trails may be required by the City_ J. Drainage, Wetlands and Flood Plain. A water management plan must be submitted for each project in the GB District. The plan must be approved by the Rice Creek Watershed District, other agencies as required and by the City Engineer. 1. On-site ponding is encouraged as a visual and functional amenity. Z. Two or more projects may coordinate their water management ptans for their mutual benefit. Page 60 of 84 Urdinance 2010-OI2 K. Utility Lines. Provision for underground utility lines shall be required � in all develaprnent withi� the GB District. 1320.135 Special Requirements ofthe Mixed Residential and Mixed Business Disiricts. The Mixed Resideniial and Mixed Busiz�ess Districts encompass 460 acres af ihe former Twin Cities Army Ammunition Plant (TCAAP) property, hereinafter the 4b0 acres is referred to as ihe TCAAP property. The TCAAP property represents a significant opportunity to expand the City's mix af housing types, businesses, parks, and open spaces as well as an opportunity to cansider an innovative develapment of re�;ional significance such as a major league sports facility. The information and procedures in ihis section are inte�ded to be a framework within which a detailed develapment plan for these two distriets will be created. The developrrxent plan must be a cohesive master plan that is cost-ef#ective, daes not burden the existing community, and advances tl�e gaals of Arden Hills and the 2034 Cc�mprehensive Plan_ The master pian sha11 be prepared pursuant to the Planned Unit Devetopment procedures autlined in this section. In reviewing and approving a master plan, the City Council shall make the finat determination on the compatibiiity and consistency with purpose of the MB and MR Districts and all provisions in this and related sections of the City Ordinances. Subd. 1. General Procedure. In c�rder to achieve the purpose of the Mixed Residential and Mixed Business Districts, a reuse plan for ihe TCAAP property shall be prepared through the Master Planned Unit I?evelapment {PL)D) process. This pracess promotes the reuse af land in a unified manner by treating ihe entire developmeni as a single entit}r while recognizing the unique nature of the prcrperty. � The procedure is summarized as follc�ws: A_ Applicant shall meet with City Staff to clarify and determine PI1D requirements and discuss applicant"s develapment cancept. B_ Applieant shall subrnit Pt1D Concept Plan to the City. C. Applicant shall submit a PUD Master Plan to the City. D_ Planning C-ommission shall canduct public hearing(s) on the PUD Master Plan and make a recommendation to the City Caurzcil. E. City Council rnay conduct additional hearings and take action on the PUD Master Plan. F_ The PUD Master Plan, as approved, including all applicable documents, is adapted as governing development plan for the MR and MB Districts and rnay be incorporated into the City's Zoning Code or into a Developn�ent Contract. G_ Applicant submits Final PUD P1an for elements that are to t�e develaped imminently. A E'inal PUD Plan shall be submitted for each � stage of development and constructian. Page 6I of 84 Ordinance 2010-012 H. Planning Corr►mission conducts public hearing(s) for each Finai PUD � Plan submission and recommends action to the City Council. I. City Council may conduct additionai hearings and take action on the Final PUD Plan for each stage. J. Applicant appiies for all necessary permits to begin construction. Subd. 2. Planned Unit Development (PUD) Concept Plan Review. The PUD Concept Plan review process is a required step for the MR and MB District planning process. The Concept Plan is a se�arate application from the PUD Master Plan application. An application for a PUD Master Plan shall be considered incomplete until the concept plan review is completed. A. Purpose. A PUD Concept Plan Review is an informal discussion process that allows the applicant to present preliminary ideas about a contemplated development project for the MR and MB Districts, and, in turn, the City may offer suggestions and concerns regarding the concept. B. Application, Documentation, and Administrative Procedure_ The applicant shall complete and submit to the zoning administrator an application on forms provided by the administrator, together with the required fee and escrow. � C. City Procedure. The City will prepare a summary of the proposed Concept Plan in terms of City plans and regulations and transmit this inforrr►ation and the information submitted by the applicant to the Planning Commission and City Council to assist their review of the proposal. Applicants are encouraged to have informal consultations with City Staff prior to the filing of an application for Concept Plan Review, provided no statement or representation made by said staff shall be binding upon the City of Arden Hills. D. Procedure for City Review. The Planning Commission will offer comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions will he transmitted to the City Council. The City Council will offer comments and suggestions regarding the Concept Plan to the applicant. A public hearing is not required for this stage, and the City will take no formal action at this stage. No suggestions made by the Planning Commission or Council on the proposed Concept Plan are binding on the City for subsequent stages. Subd. 3. Pubtic Engagement Plan. The former TCAAP property is a significant part of Arden Hills and its reuse wiil have an impact on the community and region. Input from the puhlie is a vital part of the planning process. In conjunction with the � Page 62 of 84 0 Ordinance 2010-012 City, the applicant musc prepare a public engagement and information plan for the � length af the planning and approval pracess. A_ Publie Meetings. The plan shall include three ar more pubtic meetings where the cornponer�ts in Subdivisions 5 through l5 can be addressed priar ta the submissic�n of a PUD Master Plan. The City may require the developer to hold ane or rr�ore cammunity meetings io allow for cammunity input during the PUI} Concept Plan Review. S_ Communications. The plan shall include a cornmunications sectian that describes ht�w information will be shared with the public and a schedule. C. Public Engagement Plan Approval_ The public engagement pIan shall be submitted at ieast 60 days prir�r to the first community meeting and shall subject to City Cauncil approval D. lmplementaiian and Master Plan Review. The public engagement plan must be in progress and at least two cam�nunitv meetings corr}pleted before the PUD Master Plan application is considered camplete. Subd. 4. Plazuied Unit Development {PUD) Master F'lan. The PUD Master P}an for the MR and MB Districts shall eanform to the follawing pracess_ � A. Pracedure_ The first step in the PllI� reviev+r process is the submittal and approvat af a PUD Master Plan. Upon approvai, the applicant proeeeds to the PUD Final Plan for each stage of develapment_ B. Apptication and Documentatian_ Th� applicant shall complete and submit to the City a Pi)D Master Plan applieatian an forms provided by the zaning adminisirator, together with the required fee and escraw. The appticant shall sub�it docutnentation addressing ihe PUD Master Plan comgonents in S�bdivisions 5 thrQugh 1 S. G Land Use Applicatian Cc�mpiete. The PUD Concept Plan shall be completed before the PL}D Master Plan application is deer�ted complete. The PUD Master Plan application shall be considered complete c�nce a11 required apptication and dacumentation required in Subdivisions 5 through 15 are submitted and deemed complete by the City. D. Procedure f4r Council Action. The procedure for Councit aciion in Chapier 1355.04 Subd 6 shal] apply. E. Qther Requirements Applicable to a PULI Master Plan Approval. In rnakir�g its decisian as to whether to ap�rove the applicant's PUL? Master � Plan the City Council shall also be guided by the provisions af Section Page 63 of 84 Ordinance 2010-012 0 1355.04 Subd 3.B. Council action on the PUD shall follow the provision of Section 1355.05. � F. Annual Report. Since the timeline for development is likely to last several years, the City shall require an annual report that provides information on the development timeline, environrnental remediation, financial status, infrastructure improvements, and other related topics. Subd_ 5. Land Use and Design Standards Component. All regulations in Section 1325 shall apply unless otherwise modified in this Section. A. Permitted and Conditional Uses. The permitted and conditional uses shall be in conformance with the Land Use Chart, Section 1320.05, for the MB and MR Districts. B. Prohibited Uses. The following land uses are not compatible with the MR and MB Districts and are prohibited: 1. Open sales, rental or siorage lots, including but not limited to cars, buses, trucks, motorcycles, bicycles, recreational vehicles, traiiers, boats, mobile homes, machinery. lumber, building materials, and similar items. Open air garden centers shall be exempt; 2. Mini-storage facilities; 3. Outdoor bulk storage buildings, including but not limited to, forest, metal, concrete, agricultural and petroleum products, chemicals and similar products; 4. Manufacturing or processing that generates hazardous waste without a valid Hazardous Waste Generator's (icense from the Ramsey County Public Health Department; 5. Crematoriums; 6. Adult Uses; 7. Racetrack; 8. Pawn Shop; and, 9_ Consumer SmaIl Loan Establishments. C. Mixed Residential. The following design standards shall apply in the Mixed Residential District: � Page 64 of 84 0 (3rdinance 2010-OI2 � 1. The �ity seeks to pr4vide a varieiy of housing opiions and types to accammoc�ate the current and future needs of Arden Hills. Tl�is may include markei rate housing, affordable ha�sing_ and seniar housing. The housing shall be primari[y awner-occupied housing. � � 2. The maximum number of dwelling units will he determined based on the capacity of the adjacent roadways and Ii11�FS�CItf}I1S as determined by the reqezired traff c study and City review but shall noi exceed �fteen hundred {],504) dwelling units. 3. Single-family dwellings {aitached or detached), two-family dwellir�gs, ar tawnhouses shail co�nprise at least 70 perce�t of the total number c�f dwelling units c�n the TCAAP property. Muiti-family dwellings, including apartrr�ents, cooperatives, and condc�miniuzns, shail not cantain more than chir�y (3Q°fo} percent af the dwelling uniis on the TCAAP property. At Ieast fifty {SO°/a} percent of the multiple family dwelling units shall be owner occupied or cooperative units 4. Apartments ar�d condc�zniniums shall not be cc�ncentrated near the entrance to Highway 96 or be entirely cancentrated withir� one area of the TCAAP praperEy. Apartments and condaminiurrys shall be iocated so that the entrance at County Road II is considered the primary entrance and exit to the property. Connections between cammercial uses and apartments and candominiums shall be required to help ereate synergy between these uses and to provide access ta emp�oyment opportunities for the residents. 5. Nursing home and assisted living uses shall nat exceed tifteen acres ofthe Mixed Residential zoning d�strict. 6. Single-farnity dwellings {attached and detached), two-family dwellings, and townhomes shail be limited to ihirty-five (35} feet in height_ 7. Apartments, condominiums, and cc�operatives shail be limited ta fifty-five {55) feet in height. 8. Apartrnents, cooperatives, condvminiums, and other multi-family housing sha11 be in substantial canformance with the design standarc�s in Sectior� 1325.05 Subd. 8. 9. Nousing design shall utilize a variety of building sizes, designs, layQuts, facades, and lat sizes. Whi1e hausing design shall be complementary, detached adjacent housing st�ctures shall noi use substantially similar exterior facades, including paint colors, materials, layouts, or designs_ Page 65 of 84 Ordinance 2010-012 D. Mixed Business. The following design standards shall apply in the � Mixed Business District: 1. The City is seeking to diversify its commercial tax base and generate high quality jobs to create an economicaliy sustainable development and community. The City is seeking a corporate campus to help diversify the City's commercial tax base and provide a mix of employment opportunities. The City is seeking to establish a viable grouping of retail uses to enhance long-term sustainability and create a destination for residents and visitors. 2. Structures must be constructed from high quality, long-lasting materials and be in substantial conformance with the design standards in Section 1325.05 Subd. 8. 3. The total building square footage in the Mixed Business District wili be determined based on the capacity of the adjacent roadways and intersections as determined by the required traffic study and City review but shall not exceed 2.2 million square �eet. Office Showroom and Office Warehouse shall not exceed fifteen (15%) percent of the total building square footage in the Mixed Business District_ 4. Individual retail users shall be limited to no more than fifty � thousand (50,000) square feet but two individual retail users may have a building footprint up to one hundred thousand ( l 00,000) square feet. 5. Structures with warehousing shall contain an office or retail component comprising at least ten percent ( I 0%) of the estabtishment's gross floor area. 6_ Service stations shall not exceed a maximum 1ot size of one (1) acre. If the service station occupies more than one lot, the combined lot size shall not exceed one ( l) ac�-e. 7. Buildings in the MB District shall be limited to sixty (60) feet in height. Additional building height may be permitted by conditional use permit if: a. The additional height provides an economic benefit as determined by the City Council; b. The additional height does not cast a shadow on a public park and/or open space; � Page 66 of 84 . Ordinance 2010-012 � c. At least fifty {50°l0) percertt af the parking is pravided ir� structured parking; and, d. "I'he building meets a rninimum of three of ihe buiiding design standards listed in Sectian 1320.I35 Subd. l 1.A E. I,andscaping and Tree Preservatian. A comprehensive iandscaping and tree preservatian plan shall be compteted. The pian shall include planting designs and schedules far parks, public spaces, residential develapment, cammercialJ industrial develapment, and rights-of-way. F. Amenities in the Righi-of-way. The �iry may require such amenities as street lighting, sidewal%s, landscaping, and other features located in the right-of-way, including medians anci baulevards. Eo be privately managed and nnaintained by a homeawner's assaeiatian, business improvement district, or other similar entity. G. TCAAP Property Entrance and Exit Design Enhancements. Each primary vehicular access point ta the TCAAP praperty shall be designed with a gateway feature, consisting of a combination of signage, landscaping, lighting and public art, designed to create an attractive and identifiable entrance and to enhance the praperty's overall image and appearance. Such designs shall include the following eiements: � 1. CraTeway signage comprised of sueh rnaterials as brick, stane and metal with landscaping araund the sigr�. The signs shall include exterior arehiteetezral-style iighting. 2. Enhanced landscaping near the entrance pt�ir�ts that include trees, shrubs and flowering plants. Landscape materials shali be grouped around gateway signs to create a visuai facai point oriented tg the main entrance. 3. Pedestrian-scale ornamenta] street lighis. 4. Public art or architectural elements that evake the natural environment and history of the TCAAP site. Such elements rnay be integrated ir�to gateway signage and lighting. 5. Gateway designs must cfemonstrate compatibility with any public i�nprovernents, amenities, or design elements established by the CitY- Such elements inciude, but are not limited tc�, Iighting, signage, fencing, Pavement materials, landscape materials and street f�rniture. � Page 67 of �4 0 Ordinance 2010-012 6. Properties adjacent to the access points shall be designed so that � parking Iots, trucking bays, and mechanical equipment are properiy screened from the access point. H. Parking. The amount of parking spaces provided shall not exceed the spaces as calculated by the requirements in Seciion l 325.06 Subd 1_J. An applicant may request a modification of the maacimum allowed number of parking spaces by submitting a study of anticipated parking demand. Parking studies shali be prepared by a professionai engineer with expertise in traffic and parking analysis. Shared parking shall be required where feasible. Parking structures are encouraged to reduce surface parking lots, increase landscaping, and use the land more efficiently. I. Bridges. Any bridges on the site or reconstructed to accommodate development on the site shall provide bicycle and pedestrian pathways. The bridges shall include design elements that are compatible with the development. The design and construction of any bridge over Rice Creek shall be coordinated with Ramsey County and respectful to the adjacent open space. J. Signs. Chapter 12, Sign Code, shall apply. When a parc�l is developed, the following Sign Districts shall appiy: l. District 1 shail apply to all single-family and two-family dwelling � parcels. 2. District 2 shall apply to aIl multiple dwelling parcels_ 3. District 4 shall apply to all commercial, retail, and industriai parcels. Subd. 6. Transportation and Transit Component. A. Traffic Study. 1_ The City shaIl require a traffic analysis that is prepared by a traffic engineer. Such anaIysis shall assess the impact of the devetopment proposal on adjoining and internal roadways and intersections as weIl as on-site circuIation. 2. If the traffic study indicates that a proposed project or use will have significant impact on the existing service levels of roadways and intersections, the City shall require a traffic management plan to mitigate traffic impacts. Such plan may include travel demand management strategies, use of transit facilities, or other appropriate measures to reduce traffic congestion. Such plan may aiso necessitate � Page 68 of 84 Ordinance 2010-012 J � improvements to on- and off-site road systems and intersections_ The applicant shall be responsible for installation and expense of necessary road system improvements and pedestrian facilities. 3. The development capacity af the property shali be limited to the reasonable capacity of the road systems as determined by the City. The City may limit the amount and type of development so as not to cause undue burden on the road system. B. Transit. The applicant shall pravide opportunities for transit connections on the property. The City may waive this component in areas if such connections are deemed infeasible. C. Pathways. 1. A comprehensive pathway plan for pedestrian and bicycle circutation shall be submitted with the proposal. The development proposal shall seek to create a watkable environment that is pedestrian and bicycle friendly. � 2. This plan shall provide an integrated network of sidewalks and trails throughout the property that connects the residential and commercial areas; parks; adjacent developed areas, adjacent regional trails. A trail and/or sidewalk connection shall be integrated ihrough the development from the southern to the northern border in addition to the regianal trail_ 3. Sidewalks and trails shall be at least eight (8) feet in width and provide adequate snow storage, subject to the approval of the Public Works Director, in the form of a landscaped boulevard between the sidewalk or trail and the road edge. Pathways intended for both bicyclists and pedestrians shail be at least ten (10) feet in width. D_ Streets. Streets on the TCAAP property shall be in conformance with local, county, and State requirements. A comprehensive street plan shall be submitted with the proposal, including a hierarchy of streei types. The plan shall be integrated with the comprehensive pathway plan and provide for multimodal access throughout the TCAAP area_ Roads designated as primary streets shall incorporate a"complete streets" approach that provides for the movement of pedestrians, bicyclists and transit vehicles as well as motorists. Subd. 7. Park, Recreation, Pathways, and Open Space Component. A. Park, Recreation, Pathway, and Open Space Needs. In order to meet � the needs of the devetopment and population on TCAAP, the applicant Page 69 of 84 Ordinance 2010-012 � shal} dedicate developable land to create an integrated, park, recreation, � pathway and open space system that is open to the general public. Private landscaping; pnvate pathways; and r�ghts-of-way, mcluding landscaped medians and boulevards shall not count toward the park, recreation_ pathway, and open space requirement. The park dedication requirement shall be based on the total acreage of former TCAAP property made available for sale by the General Service Administration, an behalf of the United States Army. The area made available for sale may exceed the combined area of the Mixed Business and Mixed Residential Zoning Districts. The park dedication requirement shaIl be as follows based on the total sale area: Park Dedication Requirement Total Sale Paric Dedication Acres Requirement up to 450 10% 450-469 14% 470-489 17% 490-509 21% 510-529 24% 530-549 27% 550-584 30°/a 585+ 34% In lieu of the dedication of the land for recreational purposes, the City � Council may require the developer to pay to the City, as an equivalent contribution, an amount in cash equal to the percentage of the tand required to be dedicated, multiplied by the fair market value of land remediated to MPCA Tier II Residential SRV. The park dedication may be divided between a land dedication and cash contribution at the discretion of the City. B. Park, Recreation, Pathway and Open Space Plan. A park, recreation, and open space plan shall be prepared to serve the needs of the development, including a capital improvement plan and maintenance costs. The amenities within the plan shall be incorporated into the MR and MB areas to meet the needs of the development. l. The plan shall incIude at least one central community park of 20 acres with the foitowing features: a. A water feature designed to hold standing water, which may also be used for stormwater management at the discretion of the City. b. At the ordinary water level of the water feat�re, it shall occupy at least twenty-five (25%) percent of the total area of the park but � shall not exceed fifty (50%) percent of the total area of the park. Page 70 of 84 t3rdinaace 2010-012 � c. A cantinuous system of publiely accessible trails shall occupy the perimeter Qf the park and water feature_ d. The park shall inelude a community gathering space such as a plaza, courtyard, band shell, ar other similar amenity. e. At least tweniy-five (25%} pereent of the perimeter of the water feature shall have a maintained shoreline that compliments or is connected to the cornmunity gathering space. A maintained shoreline may include manicured vegetation and/or an improved surface. The remaining shoreline may include a natural vegetative buffer and(or other natural materials. � 2. The plan shail include at least four (4) additionaJ parks of at least two acres in size_ 3_ The parks shall be integrated into the development and connected with trails and sidewalks. 4. Stormwater requirements, such as ponding and infiItration areas, shall not count toward the park, recreatian, pathway, and open spaee needs, uniess, at the sale discretion of the City, the area is incorporated as a design feature of the park or open space and is available for public use_ The develaper shall remain responsible for maintaining stormwater facilities. 5. The parks shall provide amenities sucl� as, but not limited ta, picnic shelters, play structures, benches, walking/bike paths, ball fields, tennis courts, and basketball courts as approved by the City. 6. The plan shall dedicate land to complete a one hundred and fifty {I50) foot wide Ramsey County South Regional Trai1 corridar alon�, the eastern property line in any location where the traii corridor width is less than one hundred and fifty { I 50) feet. C. Dedication to the Public. The City reserves the right to require all or a portion of the park, recreation, pathway, and open space system to be dedicated to the public. The City may require all or a portian af the system to be privately managed and maintained by a business impravement district, homeowners association, or other similar organizativn as approved by the City, pravided that the system remains open to the general public. D. Environmental Remediation. Prior tc� the City accepting any dedicated � land for park and open space uses, the applicant shail camplete the Page 71 of 84 Ordinance 2010-012 environmental remediation to levels acceptable for recreational uses as regulated by the Minnesota Pollution Control Agency (MPCA). The � applicant shall provide the City with a Certificate of Completion, Development Completion letter, or simiIar document provided by the MPCA if remediation is necessary. Subd. 8. Utilities Component. A. All utilities, including electric and cable utilities, shall be installed underground. B. E(ectrical substations shall be substantialiy screened from adjacent properties. Subd. 9. Alternative Urban Areawide Review Component. The applicant shall complete an Alternative Urban Areawide Review (AUAR) prior to approval of the PUD Master Plan. The AUAR shall be completed in accordance with requirements set by the Minnesota Environmental Quality Board and other applicable agencies_ Recommendations provided by the final AUAR shall be incorporated into the PUD Master Plan unless otherwise waived by the City. Subd. 10. Environmental Review and Remediation Component. A. A Response Action Plan shall be prepared that can accommodate the � proposed land uses. The plan shall meet all Minnesota Pollution Control Agency (MPCA), United States Environmental Protection Agency (EPA), and any other applicable agency's requirements. The plan shall include a financial surety that is subject to City approval that ensures that the entire property is remediated to the required standards within a specific timeline as determined by the MPCA and the City. The PUD Master Plan shall not be approved until approval of the environmental remediation ptan by the applicable regulatory agencies. B. Environmental remediation of the TCAAP property in a timely manner is a top priority to the community to ensure that the health, safety, and welfare of current and future residents are protected. The PUD Master Plan shall include a detailed timeline and action steps to complete the Response Action Plan. A PUD Master Plan that selectively uses uncontaminated areas and ignores contaminated property shatl not be approved. Failure to comply with the Response Action Plan and associated remediation timeline may result in revocation of the PUD Master Plan and subsequent PUD Final Plans as determined by the City Council. C. No activity or operation shall be established or maintained that by reason of its nature or manner of operation will cause the emission of � Page 72 of 84 4rdinance 2010-012 � noise, odor, toxic or noxious fiz�nes, smoke, dust or particulate matter in such concentrations as tc� be detri�nental to or endanger the pubiie health, ��etfare, earnfort or safety, or cause InJury to property or b�stness. D. The PUD Masier Plan shall comply with alt Rice Creek Watershed District (RCWD) requirernents. Final PUI? reviews shall not be exempt fram changes to RCWD regulations. E_ The United States Army aperates a network of wells, underground pipes, and a treatment plant to remediate the groundwater contami�ation. This groundwater treatmeni rt�ust be able to COililt2lt� alang side any redevelopment. Any proposed changes to the monitoring wells andlor groundwater treatinent infrastructure shall be subject ta approval by the EPA, MPCA, and the United States Army. F. The applicant shall enroll in the MPCA's Voluntary Investigation and Cleanup (VIC) program and the MPCA's Petroleum Brownfields Program (PBR). A Response Action Plan {RAl') that is approved by the MPCA shall be subrnitted prior ta the City issuing any building permits or approving any subdivisions. The applicant shall provide a Certifcate of Completion fro�n the VIC program and DevelQpme�t Complet'son letter frc►m the PBR priar to the issuance of the Certificate of (7ccupancy by ihe City for each stage af development ar building as deemed appropriate by � the City and MPCA. G. The developer shall comply witl� a�y federal anci state land use restriction far the site. Subd. l l. Envirar�menial Sustainability Component. The PUD Master Plan shal! incarporate green building and desigr� principles where feasible, and shall meet the following requirements. � A_ Building design. Buiidings that are greater than ten thousand (1 Q,444} square feet in grass flaor are and are oceupied hy any busir�ess that is part af a groug of ten or mare businesses dong business in Minnesota or nationat2y shaIl incarporaie at least two of the features in the following section. All new buildings over fifteen thousand (15,QOQ) sc}uare feet in grQss floor area shaiI incotporate at leasi twv of the features in the following section. All buildings with 15,404 or fewer square feet in gross floor area, including residential units, are recammended to meet these building requirements. 1. Daylighting of building inieriors, using window placemeni, skylights, solar tubes, and similar techniques; use of energy efficient, Dark Sky-compliant autdoor Iighting for all outdaor building and site li�hting. Page 73 of 84 u Ordinance 2410-012 2. Meeting a green building performance standard such as LEED, B3, � EnergyStar, passive design, or other standard at the City's discretion. 3. Incorporation of renewable energy features, including solar, wind energy or geothermal systems, into the building or site. This may include using the Army's water treatment process to develop geothermal energy generation capability and/or the use of land and buildings for solar or wind energy generation. 4. Energy Eff ciency: A minimum of a thirty-five (35%) percent increase in overall building energy efficiency as compared to the Minnesota Energy Code. Energy efficiency is to be defined by the use of purchased (generated or refined at a separate site) or on-site- generated fuels consumed per square foot of occupied space. CaIculations can take into account the use of the following: a. On-site generated renewable energy, including photovoltaic, wind, or hydro generation of electricity; passive solar systems using solar heat or light; geothermal source; or other use of renewable fuels displacing the use of non-renewabie fuels in the building's systems. b. Efficiency of all building mechanical systems that burn, convert, � or transform the energy in natural gas, electricity, oil, coal, steam, or purchased heat or cold in any form. c. Calculations shall not include manufacturing or mechanical processes for which the State of Minnesota has not set a minimum standard. B. Stormwater management. Low-impact devetopment techniques shall be employed within each phase of the PUD Master Plan, to include, but not limited to: 1. Use of rain gardens and other methods for bioretention of stormwater runoff. 2. Use of bioswales and similar features designed to trap pollutants and silt in runoff. 3. Integration of green roofs and roof gardens on buildings where feasible to control rainwater and other benefits. 4. Use of pervious pavement for parking areas, walkways, plazas and other paved surfaces. � Page 74 of 84 Ordioance 2010-Oi2 � 5. Development of internal courtyards with plants and water features. 6. Design of stormwater collection areas as park features and public amenities. C. Outdoor lighting. All street Iighting and lighting of walkways and public areas shali be Dark Sky-compliant and energy efficient (LED or equivalent). Subd. 12. Contractual Component. The City shail prepare the necessary development agreement or contracts for the PUD Master Plan. The applicant shall submii agreements or contracts affecting the owner or owners of individual units or of the entire project proposed under the PUD Master Plan, such as homeowners' agreements, business improvement areas, and covenants. Subd. 13. Financial and Resources Component A. The applicant must demonstrate that the tax base of the redevelopment will support the long-term maintenance of the on-site infrastructure and support City services inciuding, but not Iimited to, police, fire, inspections, and maintenance of roads and parks. The City shail require a detaiied pro forma that shall be updated with each PUD Final Plan to ensure that the � development is supporting the services and infrastructure required for the development. B. The applicant shall be responsible for all costs related to studies, consultants, and City staff time needed to facilitate the review of the application_ The City reserves the right to select or reject any consultant_ C. All development and permitting fees in the City's fee schedule apply, including the Metropolitan Council's and Arden Hills' sewer access charge and water access charge. � Subd. 14. Construction Staging Component. A construction staging plan shall include 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 specified in the master plan, including but not limited to transportation improvements and park and open space improvements_ The staging plan shall include estimated completion dates and shall specify the proposed order of reyuest for utility release or authority to occupy completed structures so as to provide a basis far determining the adequacy of the related services and faciiities for each separate construction stage. The construction staging plan shall reference and coordinate with the required Response Action Plan and timeline in Section 1320.135 Subd. l0A&B. Failure to compIy with the constn►ction staging plan may result in revocation of the Page 75 of 84 r Ordinance 2010-012 PUD Master Plan and subsequent PUD Final Plans as determined by the City � Council. Subd. I 5. Subdivision Component. A. Each subdivision shall contain a descriptive statement of the principles governing the proposed subdivision of land, including lot design for various proposed land uses. Each subdivision request shall include all of the documentation necessary for preliminary plat approval as found in the Subdivision Ordinance of the City of Arden Hills. This component shall be in sufficient detaiI so that it can serve as the basis for determining the conformity of any PUD Final Plan to the PUD Master Plan. B. No subdivisions shall be approved until the PUD Master Plan is approved. C. No subdivision that isolates an area due to environmental remediation needs or requirements shail be approved. D. Each subdivision shall comply with the Response Action Plan (RAP) and remediation requirements in Section 1320.135 Subd. 10, Environmental Review and Remediation Component. Each subdivision shall require a financial surety to ensure that the environmental remediation is completed in conformance with the approved (RAP) or � other environmental remediation requirements as determined by the City and the Minnesota Pollution Control Agency (MPCA). Subd. 16. Planned Unit Development (PUD) Final Plan. A. Purpose. The purpose of the PUD Final Plan is to implement and ensure conformity with the PUD Master Pian. Each stage of the PUD Master Plan shall require a PUD Final Plan before development. B. Procedures. The applicant far a PUD Final Plan approval of a specific stage of the PUD Master Plan shall complete and submit to the zoning administrator an application on forms provided by the administrator, including all application fees and escrows. Other applications such as preliminary plat, finat plat, and conditional use permit may also be required. The applicant shall provide the following: l. A written statement describing the proposed deveiopment in the PUD FinaI Plan app}ication. 2. The proposed starting and compietion dates for the construction and any required environmental remediatian. � Page 76 of 84 r , Ordinance 2010-012 � 3. The applicant shall submit documentation demonstrating that the PUD Final Plan is in conformance with the PUD Master Plan and each of the components in Section 1325.135 Subdivisions 5 through 15. C. Land Use Application Complete. The PUD Final Plan application shall be considered complete once all required application and documentation required in Subdivisions 5 through 15 are submitted and deemed complete by the City. D. Development Agreement and Bonding. 1. A development agreement and corporate surety are required at the time of PUD Final Plan approval by the City Council to assure that all improvements to be constructed as part of the approved PUD Final Plan and any required environmental remediation are completed in accordance with the terms and conditions of such plan, or each stage thereof as outlined in the construction staging component. The bond shall guarantee in a penal sum equal to one hundred twenty-five (125) percent of the cost of such improvements as estimated by the City. The development agreement and bond shall be filed with the administrator no later than sixty (60) days after PUD Final Plan approvai. � 2. The development agreement may provide for several bonds covering separate aspects of the PUD, the aggregate of which shall total one hundred twenty-five {125) percent of all the icnprovements to be constructed and completed by the applicant pursuant to the approved PUD Final Plan. In this case, each bond required by the developrnent agreement shall be filed no iater than sixty (60) days after PUD Finai Plan approval. It may a�so require guarantee bonds in the penal sum of one hundred (100) percent of the cost of completed improvements, as estimated by the City Engineer to guarantee such improvements for whatever lengths of time are specified therein. The release of any bond or any portion thereof shall either be governed by the terms and provisions of the development agreement or shall be based upon the recommendation of the City Engineer or City Planner and approvaI by the City Council. 3. If the applicant fails to enter into a development agreement and to file the corporate surety bond with the administrator by the expiration of the sixty day period, the PUD Permit, Final Plat (if any) and approved PUD Final Plan shail be deemed void, nullified and revoked unless an extension is requested in writing by the applicant and for good cause granted by the City CounciI. � E. Park and Open Space Dedication and Covenants. Page 77 of 84 Ordinance 2010-012 1. To ensure that any park, open space, recreational areas, common � areas and the like that are proposed to be owned and maintained by a homeowners' association, business improvement district, or other similar association are properly maintained for their approved uses, the City Council may require that the applicant execute and grant to the City easements and covenants over such areas within sixty (60) days after the City Council has made such requirements. 2. If the applicant fails to execute the open space easements and covenants and to file the same with the administrator by the expiration of the sixty (60) day period, the PUD Permit, Final Plat, if any and Final Plan shall be deemed to be void, nullified and revoked unless an extension has been required in writing by the applicant and for good cause granted by the City Council. 1320.14 Planned Unit Development (PUD) Overlay District. Subd.l General Purpose. The Planned Unit Development (PUD) District promotes the development of land in a unified manner by treating the entire development as a single entity and relaxing the strict application of standard zoning and subdivision requirements, in exchange for a proaect that better forwards the goais and purpose of the City's Comprehensive Plan. The purpose of the PUD process is to � achieve a higher quality, better project than would otherwise be possible if the strict application of the zoning and subdivision requirements were met. While PUD's may be allowed in any district, they are required for some types of development in certain districts. Subd. 2 Applicability. The PUD Disirict is an overlay zoning technique, whereby the basic underlying zoning district establishes the basic allowable uses and the general standards for deveIopment and the approved PUD plan establishes the specific regulations for development and shall govern and take precedence over the underlying Zoning District regulations. If a zoning change is required to accommodate the uses or general intensity of development in the PUD, an application for a Zoning District change shall be made concurrently with the PUD application and, if approved, the Zoning Map shall be changed both as to the underlying zoning district and designation as a PUD district. Subd. 3 General Procedure. A. Applicant shall meet with City Staff to clarify and determine PUD requirements and discuss applicant's deveiopment concept_ B. Applicant shall submit PUD Concept Pian to the City (Optional)_ �� l� Page 78 of 84 Ordinance 2010-012 � � � Subd. 4 C. Applicant shall submit PUD Master Plan to City. D. Planning Commission conducts public hearing(s) on the PUD Master Plan and make a recommendation to the City Council. E. City Council may conduct additional hearings and take action on the PUD Master Plan. F. The PUD Master Plan, as approved, including all applicable documents, is adopted as the governing development plan for the PUD property. G. Applicant submits Final PUD Plan for elements that are to be developed imminently. A Final PUD Plan will be submitted for each stage of development and construction. N. Planning Commission reviews Final PUD Plan and recommends action to the City Council. I. City Council reviews and takes action on the Final PUD Plan. J. Applicant applies for all necessary permits to begin construction. Planned Unit Development (PUD) Concept P(an Review (Optional). A. Purpose. A PUD Concept Plan Review is an informal discussion process that atlows the applicant to present preliminary ideas about a contemplated development project, and, in turn, the City may offer suggestions and concerns regarding the concept. B. Application, Documentation and Administrative Procedure. The applicant shall complete and submit to the zoning administrator an application on forms provided by the administrator, together with the required fee and escrow. C. City Procedure. The City will prepare a summary of the proposed Concept Plan in terms of City plans and regulations and transmit this information and the information submitted by the appIicant to the Planning Commission and City Council to assist their review of the proposal. Applicants are encouraged to have informal consultations with City Staff prior to the filing of an application for Concept Plan Review, provided no statement or representation made by said staff shall be binding upon the City of Arden Hills. Page 79 of 84 Ordinance 2010-012 D. Procedure far City Review. The Planning Commission will offer � comments and suggestions regarding the Concept Plan to the applicant. These comments and suggestions wilt be transmitted to the City Council. The City Council will offer cotnments artd suggestions regarding the Concept Plan to the applicant. A public hearing is not required for this stage, and the City will take na forrnal action at this stage. Na suggestions rnade by the Planr�ing Commission or Council on the propased Concept Plan are binding on the City for subsequent stages. Subd. 5 Planned Unit D�velopment (PUD) Master Pla�. A. Procedure. The first step in the PUD review process is the submittal and appraval of a PUD Master Plan. Upon approval, the applicant proceeds to the PUD Final Plan for each stage of development, or may a}aply for bc>th the Master Plan and Final Plan concurrently. S. Application and Documentation. The applicant shall complete and submit to the City a PUD Master Plan applicatian on farms provided by the zaning administrator, together with the required fee and escrow. The applicant shall submit dacumentatian as required in Appendix A, Procedure Manual, and Paragraph G of this Section below. C. Procedure for Cauncil Action. T'he procedure far Council action in Chapter 1355.Q4 Subd 6 shall apply. �� D. C?ther Requirements Applicable to a PUD Master Plan Approval. In making its decision as to whether to approve the applicant's PUD Master Plan the City Council shall be guided by the provisions af Section 1355.04 Subd 3.B. Council action an the PUD shal( follow the provision of Section 1355.Q5. E. Documentation for Larger Campiex Areas. Additional dacumentation required far a Master Pian for larger complex areas (development tracts five (5} or mare acres in size or of such complexity that more detailed and camplete plans are warranted): 1. Land Use and Design Cornponent. A land use component shall consist of a map dr maps setting forth the distribution, location arid extent of the area of land devated to each category of land use existing and propased as part of the Master Plan, including, but not limited ta, the existing and proposed coverage of area by buildings, streets, trees and Iandscaping, and parking. Said map or maps shall encompass not only that portian af the development tract located within the Gity but alsa any portion thereof lacated in an adjacent municipality. Said component shall also contain a descriptive statement of abjective, principles and standards used in its formulations. Th� land use and � Page 80 of 84 . Ordinance ZQ10-fl12 � design camponent shail aIso contain a descriptive statement of the standards of papulation density and building intensity for the variaus propose d lan d uses, �nc tu ding estirnates far f uture popu lation c harac- teristics and change within the planned community correlated with the other components of the Master Pian. The supparting data shall include, but not be limited to, dwelling (housing) units per acre for the various resi�tentiai uses proposed; and square footage by type far the various nonresidentiai facilities, inciuding sufficient data to calce�late traffic generation, parking requirements, water consumption, sewage needs and the necessary capacity of related utitities and services traditionally rendered by public and private arganizations for a poputation of such size as is projected for the completed, planned development. � � � 2. Transportation and Parking Component. The transportation and parking component shall consist of a map ar maps setting forth the general locatian and extent af atI traffic circulation, pedestrian and bicycle circuiation, and parking facilities, existing and pr+�posed, as part of the Master Plan of the entire deveiopment tract, including ar�y partion thereof lacated in an adjacent municipality. In addition, it shail include, among other things, dacumen#atiQn, data or expert testimony in sufficient detaiI to show the impact af traffc expected to be generated by the proposed development over the course of its growth and expansion upon the current and projected tra�c in surrounding streets; to demonstrate the adequacy af parking facilities in t'rght af existing and projected papuiation of #he development; and ta shaw the adequacy of streets providing access to and frotn proposed and existing parking facilities. The City may require a traffc study. Said component shail aiso contain a descriptive statement of objectives, principles and standards for its farmulation. 3. Utilities and Grad'mg Camponent. A utitities and grading component shall contain a map(s} setting forth the generat locatian and extent of any and all existing and proposed systems for sewage, domestic water supply and distributian, refuse dispasal, drainage, Iocal utilities and rights-of-way, easements, faciIities and appurtenances necessary therefare. In addition, it shall include a grading pIan showing in sufficient detail the amount and type of fill or excavation to be used to accomplish the grading of the development tract, or por�ion thereof, the cantours of the areas to be graded, and provisions made for storm water drainage sa that the CiEy car� assess the impact of such grading upon the remainder af the development tract and the surround- ing neighbarhoods. Said camponent shall also contain a descriptive staEement setting forth objectives, principles and standards used far its formulation, as well as a detailed statement describing the propased Page $1 of $4 Ordinance 2010-012 awnership, method af operation and maintenance af each such service and facility. 4. Contractual Component, The City shall prepare the necessary d�velopment agreernent or contracts for the PUD Master Plan. The applicant shall submit agreements or contracts affecting the awner or owners of individual units or af the entire project praposed under the PUD Master Plan, such as homeawners' agreernents, business improvement areas, and covenants. 5. Construetion Staging Cornponent. A eonstruction staging plan shalt include a map or maps setting farth the proposed chronological arder 4f canstructit�n relating each proposed use and structure to the canstruction of the variaus services and facilities as specified in the master plan_ The staging plan shall include estimated cornpletion dates and shall specify the proposed order of request for utility release ar authority io accupy completed structures so as to provide a basis for determining the adequacy of the related services and facitities for each separate constructian stage. 6. Subdivision Companent. In the event the development tract is ta be subdivided, the develaper shall submit a subdivision plan. A subdivision plan sha11 contain a descriptive statement of the principles governing the proposed subdivision of land, including lot design for various proposed land uses. A subdivisian request shall include all of the documentation necessary for preliminary plat approval as found in the Subdivision Ordinance of the City of Arden Hills. This cornponent shall be in sufficient detail so that it can serve as the basis for determining the canfarrnity of any PUD Final Plan to the PUD Master Plan. 7. Additional Components. The Master Plan may include as additional components, a recreation component; a public building component, providing for consideratian of administrative and public safety quarters; and such other cornponents indicated by the nature of the particular propased developrnent. Subd. 6 Planned UniC Deve�opmeni (PUD) Final Plan. A. Purpose. T'he purpose of the PUD Final Plan is to implement and ensure conformity with the PUD Master Plan. Each stage of the PUD Master Plan shall require a PUD Final Plan before develapment. B. Prt�cedures. The applicant for a PUD Final Plan approval of a specific stage of the PL)D Master Plan shall complete and submit to the zoning administrator an application on farms provided by the administrator, including all applieation fees and escrows. Other applications such as Page 82 vf 84 r � � .. � Ordinance 2010-012 preliminary plat, final �lat, and conditionai use permit may atso be � required. The applicant sha11 provide the fc�llowing: 1. A written statement describing the proposed development in the PUD Final P1an application. 2. The �roposed starting and completion dates for the construction. 3. The applicant sha11 submit documentation demonstrating that the PUD Final Plan is in conformance with the PUD Master Plan. C. Development Agreement and Bonding. l. A development agreement and corporate surety may be required at the time of PUD Final Plan approval by the City Cauneil to assure that al] improvements to be constructed as part of the approved PUD Final Plan are completed in accardance with the terms at�d conditions of such plan, ar each siage thereof as outiined in the constructzon siaging component. The bond shall guarantee in a penal suin equal ta one hc�ndred twenty-five { 125) percent of ihe cast af such improvements as estimated by the City. The development agreemer�t and bond sha11 be f led with the administratar no Iater than sixty {60} days after PUD Final Plan approval. 2. The development agreement may provide for several bonds covering separate aspects of tY�e PUD, ihe aggregate of which shall total one hundred twenty-five (125} percent of all the improvements tt� be consiructed and completed by the applicar�t pursuant to the approved PUD Fina1 P1an. In ihis case, each bond rec}�ired by the development agreement shali be filed no later than sixty {64} days after PUD Fi�a1 Plan apprQval. It may alsa require guarantee bonds in the penal sum of one hundred ( l OQ) percent of the cast of completed improvemenis, as estimated by Ehe City Er�gineer to guarantee such improve�ents far whatever lengths of time are specified therein. The release of any bond or a�y portion thereaf shall either be governed by the ierms and provisions af the development agree�ment or shali be based upon the recammendation of the City E�gineer or City Planner and approval by the City Cvuncil. 3. If the applicant fails to enter into a development agreement and to file the corporate surety bond with the administratar by the expiration of the sixty day period, the PLTD Permii, Final Plat (if any) and approved PUD Finat Plan shal] be deemed void, nul]ified and revoked unless an extension is requested in writing by the applicant and for gaad cause granted by the City Cauncil. � Page 83 of 84 r Ordinance 2010-012 D. Park and Open Space Dedications and Covenants. � 1. To ensure that. any park, open space, recreational areas, common areas and the like that are proposed to be owned and maintained by a homeowners' association, business improvement district, or other simiiar association are properly maintained for their approved uses, the City Council may require that the applicant execute and grant to the City easements and covenants over such areas within sixty (60) days after the City Council has made such requirements. 2. If the applicant fails to execute the open space easements and covenants and to file the same with the adrr►inistrator by the expiration of the sixty (60) day period, the PUD Permit, Finai Plat, if any and Final Plan shalI be deemed to be void, nullified and revoked unless an extension has been required in writing by the permittee and for good cause granted by the City Council. Effective Date. This Ordinance shall become effective the day following its publication. Adoption Date. Passed by the City Council of the City of Arden Hills the 10`h Day of January 2011. DAVID GRANT, MAYOR ATTEST: PATRICK KLAERS CITY ADMINISTRATOR Publication Date: January 19, 2011 • Page 84 of 84