HomeMy WebLinkAbout#099 Zoning RegulationsZONI ITG %3�ft SUBDI V I S ION
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village of ARLDMN T3ILL.,S
Ramsey County - Minriesota
Village Of Arden Hills
Ordinance No. 99
STAVE OF MINNESOTA
This ordinance is being enacted in o
COUNTY OF RAMSEY
der to protect and promote the pub)
VILLAGE OF ARDEN HILLS
health, safety, and general welfare i
ORDINANCE NO. 99
the people of Arden Hills, Minnesota.
AN ORDINANCE REGULATING THE
This ordinance shall be known as it
USE OF LAND, THE LOCATION AND
Section II: General Provisions.
A. Lots and Buildings
ARRANGEMENT OF BUILDINGS ON
1. Compliance with this Ordinance
LOTS IN THE VILLAGE OF ARDEN
No building or premises may her
HILLS; ADOPTING A ZONING DIS-
after be used or occupied and no bum
TRICT MAP: REPEALING INCON-
ing permits shall be granted that do ni
SISTANT ORDINANCES: AND IMPOS-
conform to the requirements of this On
ING PENALTIES FOR VIOLATION
inance.
Zoning Ordinance Index
2. Street Frontage Required
Section I. Purpose and Title
No lot shall contain any building use
Section II. General Provisions
as a dwelling unless the lot abuts
A. Lots and Buildings
least twenty (20) feet on a public street
1. Compliance with this Ordinance
3. Accessory Buildings.
2. Street Frontage Required
No accessory building or structure
S. Accessory Buildings
unless an integral part of the principi
4. Relocated Structures
building, shall be erected, altered, C
6. Required Area not to be Re-
moved within six (6) feet of the prine
duced
pal building. No accessory building i
6. Annexed Territory
residential districts shall exceed 15 fee
7. Vacated Streets
in height except as hereinafter prov)dec
S. Platting
No detached garages or other access
9. Dwelling Units
cry building shall be located nearer th
10. Reduction of Lot Area
front lot line than the principal buile
B. Permitted Encroachments
ing on that lot.
C. Non -Conforming Uses
No accessory building in a commercia
D. Requirements as a Minimum
or industrial district shall exceed th.
Section III. District Provisions
height of the principal building excep
A. Districts
by special use permit as hereinafter de
B. Zoning District Map
Pried.
C. Minimum Requirements
I No accessory building or structur
D. Exceptions and Additions to Min-
(shall be constructed on any lot prior t
imum Requirements
the time of construction of the princi
1. Front Setbacks
I pal .building to which it is accessory.
2. Side and Rear Setbacks
An accessory building may be locate,
3. Setbacks adjacent to Residential
within the rear yard setback provides
Areas
that the lot is not a through lot ar.i
4. Setbacks along Thoroughfares
said accessory building does not occup]
5. Height
more than 25% of a required rear yard
6. Shopping Centers
Accessory buildings shall be considerec
7. Planned Developments
as part of a principal building if the ae
8. Townhouses
cessory building is located less than sir
9. Density Zoning
(6) feet from the principal building. Nc
10. Fences
accessory building shall be located les!
11. Access Drives
than ten (10) feet from a rear lot line.
12. Land Reclamation
4. Relocated Structures
13. Mining
Any person wishing to move a house
14. Soil Processing
or other structure onto a vacant lot in
15. Bulk Storage (Liquid)
Arden Hills shall first submit an ap.
16. Zoning and the Village (Com-
plication to the Clerk for a permit, on
prehensive) Plan
forms to be supplied by the Clerk. A
17. Apartments
permit fee, of $25.00 shall accompany
18. Service Stations
the application. This permit fee shall
19. Exterior Storage
not be refunded if the application is
20. Prohibited Uses
denied. In addition, before issuance of
21. Lake Frontage Lots
a permit, the applicant shall pay sucb
22. Areas Without Sanitary Sewer
additional sum, as estimated by the
E. Permitted Uses
Building Inspector, as will cover all
F. Special Uees
other charges required under the terms
1. General Statement
of this or any o-her ordinance of the
2. Criteria for Granting Special
'Village, and such expenses as may be
Use Permits
reasonably incurred by the Village be-
S. Listing of Special Uses
yond the original $25.00 fee, which ad-
G. Accessory Uses
ditional expenses may relate to con-
1. In Residential Districts
tinned inspection, damage to Village
2. In Business and Industrial
property, and similar expenses.
Districts
The applicant shall also submit scaled
Section IV. Performance Standards
and dimensioned drawings of the site
A. Visual Standards
and structure, photographs taken from
B. Exterior Storage
two or more angles of the structure to
C. Refuse
be moved, photos of the lot on which
D. Screening
the structure is to be located and photos
E. Landscaping
of lots and structures adjacent to the
F. Maintenance
proposed site. Three copies of these shall
G. Glare
be submitted.
H. Signs
Any house or other structure moved
I. Parking (Minimum Requirements)
onto a vacant lot shall fully comply
J. Off -Street Loading
with all applicable provisions of this
K. Traffic Control
ordinance and the Building Code. Said
L. Drainage
applications shall be referred to the
M. Radiation and Electrical Emissions
Building Inspector, who shall promptly
N. Other Nuisance Characteristics
investigate the application and submit a
O. Animals
report thereon to the Planning Commis-
P. Incorporation by Reference
sion, noting the condition of the struc-
Q. Floor Area Ratios
ture and any improvements which would
Section V. Administration
be required for compliance with the
A. Amendments
Building Code or other applicable codes
B. Rezonings
and ordinances.
C. Special Use Permits
The Planning Commission shall then
D. Variances and Appeals
report to the Council whether the struc-
Section VI. Rules and Definitions
ture proposed to be moved. when moved
Section VII. Board of Appeals
and relocated, will be compatible with
A. Appointment and Procedure
other development in the area, and shall
B. Functions of the Board of Appeals
also give the Council its recommendation
C. Procedure and Organization
on the application. For the purposes of
Section VIII. Enforcement
this provision "compatible" shall mean
Section IX. Ordinances Repealed
and refer to structural soundness, site
Section X. Validity and Effective Date
plans, dimensions and bulk, general con -
The Village Council of the Village of
dition and appearance, proposed founda-
Arden Hills does hereby ordain as fol-
tion, proposed landscaping, and similar
lows:
conditions which may affect surrounding
Section I: Purpose and Title
land users,
The Council shall then accept or re-
ject the application, and may refer the
appl'cation back to the applicant with
suggested changes which may make the
application acceptable.
The provisions hereof shall not apply
to construction sheds or other temporary
structures to be located on the lot for
13 months or less, and no perrnits here-
under shall be required for such struc-
tures.
5. Required Area Not to be Reduced
No lot, yard, or parking area shall
be so reduced in area or dimension as
to make any such area or dimension less
than the minimum required by this Ordi-
nance, and if already less than the min-
imum required, it shall not be further
reduced.
6. Annexed Territory
Annexed territory shall be automa.
tically placed in the "R-1" Zoning Dis-
trict until such time as detailed study
by the Planning Commission determin.
ing its proper zoning is concluded and
Council action thereon taken. Following
the study, the Council shall zone the
land in accordance with procedures
established in this Ordinance.
7. Vacated Streets
Whenever any street, alley, easement
or public way is vacated by official
action of the village, the zoning district
abutting the centerline of the said vacat.
ed area shall not be affected by such
proceeding.
- 8. Platting
All buildings or other structures erect-
ed shall be so placed that they will not
obstruct proper street extensions or other
features of proper subdivision and land
planning. All land development shall
fully comply with applicable subdivision
or platting regulations or ordinances.
9. Dwelling Units
No cellar, garage, tent, trailer or ac-
cessory building shall at anytime be us-
ed as a dwelling except trailers located
in an approved mobile home park, and
except for structures receiving a tempor-
ary Council permit. The Council may,
in its discretion, grant a temporary per-
mit for the use of the foregoing struc-
tures as dwellings for a period not to
exceed 90 days when an emergency or
hardship situation exists.
In addition to the foregoing the Coun-
cil may, if in its discretion it determines
an emergency or hardship situation
exists, grant a temporary permit for the
use as a residence of a basement under
a finished structure where the basement
has been properly damp -proofed, has
fire exits, provides fire and explosion
protection, and otherwise is made suit-
able for said residential purpose.
10. Reduction of Lot Area
No lot area shall be so reduced or dim-
inished that the yards or other open
spaces shall be smaller than prescribed
by this ordinance. No yard or open space
provided about any building for the pur-
pose of complying with the provisions of
this ordinance shall be considered as
providing a yard or open space for any
other building, and no yard or open
space on adjoining premises shall be
considered as providing a yard or open
space on a lot whereon a building is to
be erected.
B. Permitted Encroachments
Except as hereinafter provided, the
following shall be considered as permitt-
ed encroachments on setback and height
requirements:
1. In any yards: Posts, off-street open
parking spaces, flues, belt course, lead.
ers, sills, pilasters, lintels, cornices,
eaves, gutters, awnings, open terraces,
service station pump islands, awnings,
open canopies, steps, chimneys, flag
poles, ornamental features, open fire es-
capes, sidewalks, and fences, except as
hereinafter amended.
2. Inside and rear yards: Fences 30
percent open, walls and hedegs 6 feet in
height or less, bays not to exceed a
depth of three feet or contain an area of
more than 30 square feet, fire escapes
not to exceed a width of 3 feet. Bal-
conies eight feet above grade may extend
into the yards to within 5 feet of a lot
line provided said balconies do not ex-
tend over driveways. Breezeways, detach-
ed outdoor picnic shelters, open arbors,
trellises, and detached outdoor living
rooms may extend to within 10 feet of a
side or rear lot line except that no such
structures shall exceed 500 square feet.
Covered porches may extend 20 feet into i
the rear yard but not closer than 10 feet
'rom the rear lot line.
3. On a corner lot, nothing shall be I
placed or allowed to grow in such a
manner as materially to impede vision
between a height of two and one-half
and ten feet above the centerline grades 1
)f the intersecting streets within fifteen
(15) feet of the street intersecting right- 1
of -way lines.
4. In no event shall off-street parking
space, structures of any type, buildings
or other structures cover more than 75%
of the lot area resulting in less than 25;'0
landscaped area.
5. In rear yards: Recreational and
laundry drying equipment, picnic tables,
and outdoor eating facilities, provided
these are not less than two (2) feet from
any lot line.
6. Height limitations shall not apply to
barns, silos, and other structures on
farms; to church spires, belfries, cup-
olas and domes; monuments; chimneys
and smokestacks; flag poles; public and
private utility facilities; transmission
towers of commercial and private radio
broadcasting station; television antennae,
and parapet walls extending not more
that four feet above the limiting height
of the building except as hereinafter pro-
vided.
7. In any yards: terraces, steps, ex-
posed ramps (wheelchair) uncovered
porches, stoops, or similar features pro-
vided they do not extend to a distance
less than three (3) feet from any lot line
nor less than one (1) foot from any
existing proposed access drive.
C. Non -Conforming Uses
The lawful use of any land or building
existing at the time of the adoption of
the use regulations of this Ordinance
may be continued, even if such use does
not conform to the regulations of this
Ordinance, provided:
1. No such non -conforming use of land
shall be -changed to a different noncon-
forming use, nor shall the structure
which represents the non -conforming use
be enlarged, nor shall said structure be
remodeled, rebuilt, or reconstructed for
the same non -conforming use, if squn
structure is damaged by fire or other
cause, if the cost of such rebuilding, re-
modeling, or reconstruction would equal
or exceed 50% of the fair market value
of the structure on the date immediately
prior to the date on which the damage
occurred.
The cost of the repairs, reconstruction,
or remodeling shall be determined by the
Building Inspector on the basis of the
retail cost of the necessary materials in
the Twin Cities area at the time the
work is to be done, plus the cost of hired
labor in the labor market in the Twin
Cities area at such time, and the Build-
ing Inspector shall also determine the
fair market value of the property before
the damage. The Council shall review
and approve or disapprove the conclus-
ion of the Building Inspector thereon if
requested by the applicant.
2. Such non -conforming use shall not
be moved to any other part of the parcel
)f land upon which the same was con-
3ucted at the time of the adoption of
;his Ordinance.
3. If such non -conforming use ceases
for a continuous period of one year, or
is changed to a conforming use, any eub-
sequent use of said land or building shall
ie in conformity to the use regulations
specified by this Ordinance for the dis-
trict in which such land or building is
ocated.
1. Requirements As Minimum
In their interpretation and application,
;he provisions of this Ordinance shall be
seld to be minimum requirements except
is otherwise provided. Wherever this
)rdinance imposes greater restrictions
;ban are imposed or required by other
)revisions of law or by other rules or
,egulations, the provisions of this Ordin-
mce shall govern.
lection III: District Provisions
L. Districts
The zoning districts are so designed
s to assist in carrying out the intents
.nd purposes of the Village Plan and to
ontrol residential densities in such a
canner as to provide adequate public
ervices and utilities. The zoning districts
re based upon the Village Plan which
as the purpose of protecting .the public
ealth, safety, convenience, and general
ielfare by controlling the needs for pub-
c utilities, protecting against traffic
ongestion and accident hazards, pro-
ecting the public health from adverse
afluences generated by non-residential
ses, protecting against the ,danger of
ire conflagration, and other purposes of
similar nature.
For the purposes of this Ordinance the
Illage of Arden Hills is hereby divided
ito the following Zoning Districts. -
;esidence Districts;
R-I One Family Residential District
R-2 One Family Residential District
usiness Districts:
R-B Retail Business
L-B Limited Business
G-B General Business
idustrial Districts:
L-I Limited Industry
Zoning District Map
The boundaries of the Districts as es- from height limitations except that the
tablished by this Ordinance are as shown (required setback from any residential
on the map accompanying and made lot shall be at least'equal to the height,
part of this Ordinance which is desig- and the distance between any two prin-
nated as the Zoning District Map, whic*q cipal buildings must be no less than one -
map is hereby approved and filed with half (1/2) the sum of the heights of the
the Village Clerk. The district boundary two structures, except that any structure
lines on said map are intended to fo!I'mv exceeding 45 feet in height shall require
street right-of-way lines, street center- a special use permit.
lines, or lot lines unless such boundary 6. Shopping Centers
line is otherwise indicated on the map Any new structures in a Retail Busi-
In the case of unsubdivided property or ness District must be shown to fit into
in any case where street or lot lines are an overall plan for the shopping center.
not used as boundaries, the districtBefore any new area is zoned into Retail
boundary lines shall be determined by I Business, the following conditions must
use of dimensions or the scale appeasing 'be met.
on the map.— - -- C. Minimum Requirements
R-1
Lot Area per Dwelling
Unit
(square feet)
1-family structures ______ 14,000 11
2-family structures ______ 8.000 6
3-family structures ______ _____ _
Apartment buildings
with 4 families
and over:
Efficiency units 2,000 2
1 bedroom units ____ 2,800 2
2 or more bedroom units 3,500 3
Ground Floor area per
Dwelling Unit
(square feet)
1-family structures:
(1 story) 1,000 1
(1'h or 2 story) _ _ 865
Floor Area per Apt. Unit
2-family structures 665
3 or more family structures:
Efficiency units ________ 500
1 bedroom units ______ 600
°2 bedroom units _ ____ 750
Non-residential lot area
(square feet) ____________ 14.000 14,
Non-residential floor area
(square feet) —_--__,__ --_-- --
Lot width:
(footage at front
setback line) _ 95
Lot Depth: (feet) ___ 130
Front Yard Setback: (feet) 40
Side Yard Setback: (feet)
From street in case
of corner lot _________ 20
Residential garage
(attached or detached)
from adjacent lot _____ 10
Other ____ _ __ ______ l0*.
Rear Yard Setback (feet) 30
Height
(ft... max. permitted) ____ 35
Max. Lot Area to be
covered with Buildings 25%
* Each additional bedroom requires
" Aggregate of 25 feet.
D. Exceptions and Additions to Minimum
Requirements
1. Front Setbacks
Where adjoining structures existing at
the time of adoption of this Ordinance
have a different setback from that re-
quircd herein, the front setback of a new
structure shall conform to the prevailing
setback in the immediate vicinity. The
Planning Commission shall determine
the necessary front yard setback in such
cases subject to approval by the Village
Council. However, in no case shall a
building be required to set back more
than 60 feet, except where an industrial
district is adjacent to a residential dis-
trict.
2. Side and Rear Setbacks
Subject to regulations contained in the
Building Code and other applicable reg-
ulations, buildings may be exempted
from side and rear setback requirements
provided party walls are used and if the
adjacent buildings are constructed as an
integral unit. Such exemption from
side and rear setbacks shall be permitted
only after issuance of a special use per-
mit except where such setbacks are part
of an approved shopping center, town
house development, and other similar
development.
3. Setbacks Adjacent to Residential
Areas
Where a business district is adjacent
to a residential district, the minimum
building setback, within the business dis-
trict from the residential lot line shall
be thirty-five (35) feet. In the case of
industrial districts adjacent to a resi-
dential district, such minimum setback
within the industrial district shall be
seventy-five (75) feet.
4. Setbacks Along Thoroughfares
Along streets designated as "thorough-
fare" in the Village Plan, the minimum
front setback for single family residence
shall be forty (40) feet from the plan-
ned rignt-of-way line.
5. Height
In residential districts, multiple dwell-
ings and places of public assembly, such
as churches and schools, are exempt
Zoning Districts
R-2 R-B L-B G-B L-I
.000 ----- ----- -----
,000 _____ 6,000 _____
____ ----- 5,000
,000 1,500 _____
,800 2,000 ----- _____
,500 ----- 2,500 ----- -----
,000 _____ 1,000 _____
865 __--- 865 ----- __---
865 ----- ----- ----- -----
500 ----- 500 ----- -----
600 _____ 600 _____ -----
750 ----- 750 ----- -----
000 _____ 6,500 _____ 24,000
1,000 _____ 5,000
85 ___ 100 _____ 100
LSO ____ ISO ___ _ 150
40 50 50 60 50
20 20
10 -----
10* 10
30 20
25% 25% 35% 40% 4
250 sq. ft. additional minimum floor space.
0%
a. The area will be located adjacent
to a thoroughfare or collector street as
shown on the Village Plan or as indi-
cated as a potential shopping center site
on such Plan.
b. Submission of a plot plan showing
size and location of structures, parking,
driveways, landscaping, and 'screening.
c. Demonstration that the developers
are financially able to carry out the pro-
ject and that they will begin construc-
tion within 18 months after Council ac-
tion on the proposal and will substant-
ially complete the project within five
years; if said construction has not begun
within 18 months, or if the project is
not 50% completed within five years, any
further development of any type shall
require a special' use permit and the
Planning Commission may move to in-
itiate a rezoning back to that in effect
prior to R-B zoning.
d. The area zoned shall include at least
two (2) acres, although there is no min-
imum lot size for individual- businesses
located within a Retail Business Dis-
trict.
:. Planned Developments
Planned developments shall include all
developments having two (2) or more
principal uses or structures on a single
parcel of land and shall include town
houses, apartment projects involving
more than one building, residential sub-
division submitted under "density zon-
ing" provisions, multi -use structuressuch
as an apartment building with retail at
ground floor level, and similar projects.
Such developments may be exempted
from certain requirements of this ord-
inance providing:
a. A complete detailed plan is submit-
ted to the Planning Commission, show-
ing the location of all proposed struc-
tures, driveways, landscaping, parking,
screening, sidewalks, access drives, land
uses, and such other information as may
be requested.
b. The Council, upon review and rec-
ommendations of the Planning Commis-
sion, shall find that the proposed devel-
opment is fully consistent with the pur
poses of this Ordinance and in conform.
ity to the Village Plan.
c. The development shall conform tc
the plan as filed with the Village.
d. A Special Use Permit is granted.
8. Town Houses
Town houses are attached dwelling un-
its each with a separate entrance tc
front and rear yards. Town houses may
be permitted in any residential district
following issuance of a special use per-
mit, provided that each dwelling unit
has at least 4,000 square feet of lot area
(private or shared in common with ad-
jacent units).
9. Density Zoning
Single family homes may be exempted
from lot area and setback requirements
provided a special use permit is issued
under terms of the "planned develop-
ment" provisions of this ordinance.
Density zoning shall be interpreted to
mean the permission of lower density
(lot area) standards under conditions
whereby the number of dwelling units
permitted is not greater than permitted
by the application of the regular pro-
vision of the District but with all land
excluded from the lot area requirements
added onto public open space (park,
playground, school site, walkway, or
other approved open green space).
10. Fences
Fences shall be permitted in all yards
subject to the following:
a. Solid walls in excess of 42 inches
in height shall be prohibited.
b. Fences in excess of 30 inches in
height extending across front yards
shall require a special use permit.
c. Fences shall be at least 30q open
(space for the passage of air and/or
light).
d. Fences within Required Yards shall
not exceed six feet in height except by
special use permit.
e. No fence shall have barbs or spikes
at any point less than six feet above
ground, except where used for agricul-
tural purposes.
f. Fences may be placed along prop-
erty lines provided no damage of any
kind results to abutting property.
g. Prior to issuance of a building per-
mit for any fence abutting property
owners shall be notified by the Adminis-
trative Clerk.
h. That side of the fence considered
to be the face (facing as applied to fence
posts) shall face abutting property.
i. Fences exceeding above height lim-
its may be erected provided they do not
encroach upon front or side -yard re-
quirements or within 10 feet of a rear
lot line. No fence shall exceed the height
of the principal structure.
11. Access Drives
Access drives may be placed adjacent
to property lines except that drives con-
sisting of crushed rock or other non -
finished surfacing shall be no closer than
one (1) foot to any side or rear lot line.
No access drive shall be closer than three
(3) feet to any single or two family res-
idence nor closer than five (5) feet to
any multi -family building.
12. Mining
The extraction of sand, gravel, or
other material from the land in the
amount of four hundred (400) cubic
yards or more and removal thereof from
the site without processing is defined as
mining. In all districts the conduct of
mining shall be pemitted only upon is-
suance of a special use permit. Such per-
mit shall include, as a condition there-
of, a plan for a finished grade which
.will not adversely affect the surrounding
land or the development of the site on
which the mining is being conducted, and
the route of trucks moving to and from
the sites.
13. Soil Processing
Processing sand, gravel, or other ma-
terial mined from the land shall be per-
mitted only by special use permit for a
specified period. Such special use permit
shall include a site plan showing where
the processing is to be done, the location
of the plant, disposal of water, and route
of trucks moving to and from the site in
removing processed material from the
site.
14. Bulk Storage (Liquid)
All uses associated with the bull: stor-
age of oil, gasoline, liquid fertilizer,
che:_.icals, and similar liquids or gas
shall require a special use permit in or-
der that the Village Council may have
assurance that fire, explosion, or water
contamination hazards are not present
that would be detrimental to the public
health, safety, and general welfare.
All existing, above ground liquid or
gas storage tanks having a capacity in
excess of two hundred (200) gallons
shall require a special use permit within
twelve (12) months following enactment)
of this Ordinance. The Council may re-
quire the development of dyking around
said tanks, suitably sealed, to hold a
leakage capacity equal to one hundred
fifteen (115) percent of the tank capac-
ity. Any existing storage tank that, in
the. opinion of the Council, constitutes, a
hazard to the public safety, shall dis-
continue operation.
All bulk storage tanks shall be con-
sidered as temporary structures and shall
conform to all set -back requirements.
Such tanks shall be screened from the
public view.
15. Zoning and the Village Comprehen-
sive Plan
Any change in zoning granted by the
Village Council shall automatically
amend the Comprehensive Plan in ac-
cordance with said zoning change.
16. Apartments
In recommending the granting of spec-
ial use permits for structures containing
two or more dwelling units, the Village
Council shall find that the proposed de-
velopment plan is in substantial compli-
ance with the apartment policy state-
ments on file with the Planning Com-
mission and approved by the Council.
17. Service Stations
A drainage system subject to approv-
al by the Village Engineer shall be in-
stalled. A box curb not less than six (6)
inches above grade shall separate the
public right-of-way from the motor ve-
hicle service areas, except at approved
entrances and exists. No driveway at a
property line shall be less than twenty
(20) feet from the intersection of two
treet right-of-way lines. No vehicles shall
be parked on the premises other than
those utilized by employees or awaiting
service. All areas utilized for the stor-
age, disposal, or burning of trash, de-
bris, discarded parts, and similar items
shall be fully screened.
Exterior storage shall be limited to
vehicles of employees, vehicles awaiting
service, service equipment and items of-
fered for sale on pump island; all other
exterior storage shall be limited to items
offered for sale provided they are within
yard requirements and are located in
containers such as tire racks, metal
trays, and similar structures designed
to display merchandise. The entire site
other than that taken up by a structure
or planting shall be surfaced with as-
phalt, concrete, or other material ap-
proved by the Village Council.
All structures and grounds shall be
maintained in a neat, orderly, clean, and
safe manner.
18. Exterior Storage
In all districts the Village Council may
order the owner of any property to ap-
ply for a special use permit to conduct
an open storage use, including existing
uses, provided the existing or proposed
use constitutes a threat to the public
health, safety, convenience, morals, or
general welfare.
19. Prohibited Uses
The following uses shall not be per-
mitted within the Village of Arden
Hills: junk yards, used car open sales
lot, heavy industry auto wrecking yard,
mobile home park, truck terminal, open
sales lot, and exterior storage other
than permitted accessory use.
20. Lake Frontage Lots
All lots having frontage on a body of
watermust be maintained in accordance
with the following requirements:
a. No principal building shall be lo-
cated within forty (40) feet of the high
waterline; at least 75% of the forty foot
depth must be landscaped, but landscap-
ed area includes beach area.
b. Waterfront uses shall be maintained
in a safe, orderly and efficient manner,
and the waterfront area shall .present a
neat and not unsightly appearance from
the water. The Village Council may re-
quire lakesbore lot owners to secure a
special use permit if deemed necessary by
the Council to protect lake frontage
areas from adverse conditions affecting
the public. For the purpose of this pro-
vision "adverse conditions" shall be in-
terpreted to be utilization of more than
10% of the shoreline for docks or other
accessory structures, grading or other.
wise removing natural cover from the
lake front area, or accumulation on the
lake front area of debris, the creation or
maintenance thereon of safety hazards,
cut or fill which change the shoreline,
maintenance of health hazards thereon,
and similar conditions.
c. Accessory buildings shall be located
above the high waterline.
d. To the extent feasible and practic-
able lake shorelines shall be maintained
so as to present a natural or landscaped
appearance.
21. Areas Without Sanitary Sewer
In areas without public sanitary sew-
er single and two-family homes shall
have a minimum lot area of one (1)
acre, but the Council may permit small-
85 ___ 100 _____ 100
LSO ____ ISO ___ _ 150
40 50 50 60 50
20 20
10 -----
10* 10
30 20
25% 25% 35% 40% 4
250 sq. ft. additional minimum floor space.
0%
a. The area will be located adjacent
to a thoroughfare or collector street as
shown on the Village Plan or as indi-
cated as a potential shopping center site
on such Plan.
b. Submission of a plot plan showing
size and location of structures, parking,
driveways, landscaping, and 'screening.
c. Demonstration that the developers
are financially able to carry out the pro-
ject and that they will begin construc-
tion within 18 months after Council ac-
tion on the proposal and will substant-
ially complete the project within five
years; if said construction has not begun
within 18 months, or if the project is
not 50% completed within five years, any
further development of any type shall
require a special' use permit and the
Planning Commission may move to in-
itiate a rezoning back to that in effect
prior to R-B zoning.
d. The area zoned shall include at least
two (2) acres, although there is no min-
imum lot size for individual- businesses
located within a Retail Business Dis-
trict.
:. Planned Developments
Planned developments shall include all
developments having two (2) or more
principal uses or structures on a single
parcel of land and shall include town
houses, apartment projects involving
more than one building, residential sub-
division submitted under "density zon-
ing" provisions, multi -use structuressuch
as an apartment building with retail at
ground floor level, and similar projects.
Such developments may be exempted
from certain requirements of this ord-
inance providing:
a. A complete detailed plan is submit-
ted to the Planning Commission, show-
ing the location of all proposed struc-
tures, driveways, landscaping, parking,
screening, sidewalks, access drives, land
uses, and such other information as may
be requested.
b. The Council, upon review and rec-
ommendations of the Planning Commis-
sion, shall find that the proposed devel-
opment is fully consistent with the pur
poses of this Ordinance and in conform.
ity to the Village Plan.
c. The development shall conform tc
the plan as filed with the Village.
d. A Special Use Permit is granted.
8. Town Houses
Town houses are attached dwelling un-
its each with a separate entrance tc
front and rear yards. Town houses may
be permitted in any residential district
following issuance of a special use per-
mit, provided that each dwelling unit
has at least 4,000 square feet of lot area
(private or shared in common with ad-
jacent units).
9. Density Zoning
Single family homes may be exempted
from lot area and setback requirements
provided a special use permit is issued
under terms of the "planned develop-
ment" provisions of this ordinance.
Density zoning shall be interpreted to
mean the permission of lower density
(lot area) standards under conditions
whereby the number of dwelling units
permitted is not greater than permitted
by the application of the regular pro-
vision of the District but with all land
excluded from the lot area requirements
added onto public open space (park,
playground, school site, walkway, or
other approved open green space).
10. Fences
Fences shall be permitted in all yards
subject to the following:
a. Solid walls in excess of 42 inches
in height shall be prohibited.
b. Fences in excess of 30 inches in
height extending across front yards
shall require a special use permit.
c. Fences shall be at least 30q open
(space for the passage of air and/or
light).
d. Fences within Required Yards shall
not exceed six feet in height except by
special use permit.
e. No fence shall have barbs or spikes
at any point less than six feet above
ground, except where used for agricul-
tural purposes.
f. Fences may be placed along prop-
erty lines provided no damage of any
kind results to abutting property.
g. Prior to issuance of a building per-
mit for any fence abutting property
owners shall be notified by the Adminis-
trative Clerk.
h. That side of the fence considered
to be the face (facing as applied to fence
posts) shall face abutting property.
i. Fences exceeding above height lim-
its may be erected provided they do not
encroach upon front or side -yard re-
quirements or within 10 feet of a rear
lot line. No fence shall exceed the height
of the principal structure.
11. Access Drives
Access drives may be placed adjacent
to property lines except that drives con-
sisting of crushed rock or other non -
finished surfacing shall be no closer than
one (1) foot to any side or rear lot line.
No access drive shall be closer than three
(3) feet to any single or two family res-
idence nor closer than five (5) feet to
any multi -family building.
12. Mining
The extraction of sand, gravel, or
other material from the land in the
amount of four hundred (400) cubic
yards or more and removal thereof from
the site without processing is defined as
mining. In all districts the conduct of
mining shall be pemitted only upon is-
suance of a special use permit. Such per-
mit shall include, as a condition there-
of, a plan for a finished grade which
.will not adversely affect the surrounding
land or the development of the site on
which the mining is being conducted, and
the route of trucks moving to and from
the sites.
13. Soil Processing
Processing sand, gravel, or other ma-
terial mined from the land shall be per-
mitted only by special use permit for a
specified period. Such special use permit
shall include a site plan showing where
the processing is to be done, the location
of the plant, disposal of water, and route
of trucks moving to and from the site in
removing processed material from the
site.
14. Bulk Storage (Liquid)
All uses associated with the bull: stor-
age of oil, gasoline, liquid fertilizer,
che:_.icals, and similar liquids or gas
shall require a special use permit in or-
der that the Village Council may have
assurance that fire, explosion, or water
contamination hazards are not present
that would be detrimental to the public
health, safety, and general welfare.
All existing, above ground liquid or
gas storage tanks having a capacity in
excess of two hundred (200) gallons
shall require a special use permit within
twelve (12) months following enactment)
of this Ordinance. The Council may re-
quire the development of dyking around
said tanks, suitably sealed, to hold a
leakage capacity equal to one hundred
fifteen (115) percent of the tank capac-
ity. Any existing storage tank that, in
the. opinion of the Council, constitutes, a
hazard to the public safety, shall dis-
continue operation.
All bulk storage tanks shall be con-
sidered as temporary structures and shall
conform to all set -back requirements.
Such tanks shall be screened from the
public view.
15. Zoning and the Village Comprehen-
sive Plan
Any change in zoning granted by the
Village Council shall automatically
amend the Comprehensive Plan in ac-
cordance with said zoning change.
16. Apartments
In recommending the granting of spec-
ial use permits for structures containing
two or more dwelling units, the Village
Council shall find that the proposed de-
velopment plan is in substantial compli-
ance with the apartment policy state-
ments on file with the Planning Com-
mission and approved by the Council.
17. Service Stations
A drainage system subject to approv-
al by the Village Engineer shall be in-
stalled. A box curb not less than six (6)
inches above grade shall separate the
public right-of-way from the motor ve-
hicle service areas, except at approved
entrances and exists. No driveway at a
property line shall be less than twenty
(20) feet from the intersection of two
treet right-of-way lines. No vehicles shall
be parked on the premises other than
those utilized by employees or awaiting
service. All areas utilized for the stor-
age, disposal, or burning of trash, de-
bris, discarded parts, and similar items
shall be fully screened.
Exterior storage shall be limited to
vehicles of employees, vehicles awaiting
service, service equipment and items of-
fered for sale on pump island; all other
exterior storage shall be limited to items
offered for sale provided they are within
yard requirements and are located in
containers such as tire racks, metal
trays, and similar structures designed
to display merchandise. The entire site
other than that taken up by a structure
or planting shall be surfaced with as-
phalt, concrete, or other material ap-
proved by the Village Council.
All structures and grounds shall be
maintained in a neat, orderly, clean, and
safe manner.
18. Exterior Storage
In all districts the Village Council may
order the owner of any property to ap-
ply for a special use permit to conduct
an open storage use, including existing
uses, provided the existing or proposed
use constitutes a threat to the public
health, safety, convenience, morals, or
general welfare.
19. Prohibited Uses
The following uses shall not be per-
mitted within the Village of Arden
Hills: junk yards, used car open sales
lot, heavy industry auto wrecking yard,
mobile home park, truck terminal, open
sales lot, and exterior storage other
than permitted accessory use.
20. Lake Frontage Lots
All lots having frontage on a body of
watermust be maintained in accordance
with the following requirements:
a. No principal building shall be lo-
cated within forty (40) feet of the high
waterline; at least 75% of the forty foot
depth must be landscaped, but landscap-
ed area includes beach area.
b. Waterfront uses shall be maintained
in a safe, orderly and efficient manner,
and the waterfront area shall .present a
neat and not unsightly appearance from
the water. The Village Council may re-
quire lakesbore lot owners to secure a
special use permit if deemed necessary by
the Council to protect lake frontage
areas from adverse conditions affecting
the public. For the purpose of this pro-
vision "adverse conditions" shall be in-
terpreted to be utilization of more than
10% of the shoreline for docks or other
accessory structures, grading or other.
wise removing natural cover from the
lake front area, or accumulation on the
lake front area of debris, the creation or
maintenance thereon of safety hazards,
cut or fill which change the shoreline,
maintenance of health hazards thereon,
and similar conditions.
c. Accessory buildings shall be located
above the high waterline.
d. To the extent feasible and practic-
able lake shorelines shall be maintained
so as to present a natural or landscaped
appearance.
21. Areas Without Sanitary Sewer
In areas without public sanitary sew-
er single and two-family homes shall
have a minimum lot area of one (1)
acre, but the Council may permit small-
er lots if it can be demonstrated that ingly, in addition to the general criteria
said smaller lots will not result in
hereinbefore set forth, with respect tc
ground water, soil, or other contamina-
an application for a drive-in business
tion which might endanger the public
The
special use permit the Council and the
health
Planning C-mi_rissioa shall consider and
Non-residential land uses and apart-
guided by the additional criteria:
ment buildings may be permitted in
(a) Location.
areas without sanitary sewer only if a
(1) No drive-in business shall be
special use permit is issued. Said special
I
located within Four Hundred
use permit shall not be granted if the
feet (400) of a public, private
Village Council determines that n sat-
or parochial school, a church,
isfactory waste disposal method and I
a public recreation area, or
system is not available.
E. Permitted Uses
Except as provided herein, and subject to special use provisions in Paragraph
F re Special Uses. no building or premises
may be devoted to uses other than
those indicated.
Limited Retail General
R'sideritial
Business Business Business Industrial
Districts
Districts Districts Districts Districts
R-1 R-2
L-B R-B G-B L-I
Agriculture P P
P P P P
Automobile Service
P
I Family Residence P P
2 Family Residence O O
O
Drive-in Business
O
Heloport
O p
Home Occupation P P
Institutional Housing O O
O
Manufacturing
P
Medical
P P P P
Miscellaneous Indi.stry
P P
Multiple Residence 0 O
O
Offices
P P P P
Public O O
P P P P
Public Utility P P
P P P P
Research
P P P
Retail Shopping
P P
Warehousing
P P
Waterfront Uses P P
Wholesale Business
P P
Key. P Permitted Uses
O Requires Special Use Permit
Note: Definitions of general use categories
listed above are to be found under
Rules and Definitions. Where question
arises as to whether a proposed use
falls within one of the above categories,
the P.lanning Commission shall make
a recommendation to the Village Council which shall make the final deter-
mination.
F. Special Uses General Statement
1. It is recognized that certain uses of
land, while generally not suitable in a
particular zoning district, may, under
some circumstances, be suitable. When
in the opinion of the Council said cir-
cumstances exist the Council may grant
a special use permit after following the
procedure hereinafter set forth for such
special use permit. In general, the Coun-
cil may grant a special use permit when
the Council determines that the proposed
use will not be detrimental to the health,
safety, convenience, morals, or general
welfare of the community nor will the
granting of the permit cause serious
traffic congestion or hazards, nor will
said granting seriously depreciate sur-
rounding property values, and that said
Proposed use is in harmony with the
general purpose and intent of this Ord-
inance and the Comprehensive Plan.
The permit shall be granted for a par-
ticular use and not for a particular per-
son or firm. Conditions may be applied
to the issuance of a permit, which con-
ditions shall be stated in the permit, and
a periodic review of the permit may be
required. The Administrative Clerk shall
maintain a record of all special use per-
mits issued, including information on the
use, location conditions imposed by the
Council, time limits, review dates, and
such other information as may be ap-
propriate.
After the granting of a special use
permit, any change in the permitted use
involving structural alteration, enlarge-
ment, intensification of use, or similar
change not specifically permitted by the
special use permit shall require an
amended special use permit and all pro-
cedures shall apply as if a new permit
were being issued.
In the event the Council proposes to
cancel a special use permit, except
where such permit expires at a certain
time by its own terms, the Council shall
cause written notice thereof to be given
to the occupiers and owner of said Prop-
ery, in order that the occupier and own-
er shall have an opportunity to be heard,
but no further notice need be given.
2 Criteria For Granting Special Use
Permits
In considering the special use permit
the Council shall consider the advice and
recommendations of the Planning Com-
mission and the effect of the proposed
use upon the health, safety, morals and
general welfare of occupants of surround-
ing land, existing and anticipated traf-
fic conditions, including parking facil-
ities on adjacent streets and land, and
the effect on values of property in the
au rroundina area, and the effect of the
proposed use on the Comprehensive Plan.
It is recognized that a drive-in busi-
ness as defined in this ordinance pre-
sents certain unusual problems. Accord -
any residentially -zoned prop.
erty.
(2) No drive-in business shall be
located on a street other than
one designated as a thorough-
fare or business service road
on the Comprehensive Village
Plan.
(3) A drive-in business shall not
be located on the site if the
Probable result of such loca-
tion would be to unreasonably
increase traffic volume on
nearby residential streets.
(4) No drive-in business shall be
located on a lot of less than
24,000 sq. ft.
(b) Landscaping.
(1) Each drive-in business shall
provide a landscaped yard as
follows:
(a) Twenty feet depth from
the front lot line except
for approved access
drives;
(b) Ten feet at each side lot
line; and
(c) Fifteen feet at the rear
lot line.
(2) The landscaping plan must be
approved by the Village Coun-
cil prior to issuance of a per-
mit and said plan shall in-
clude complete specifications
for plant materials and other
features.
(3) At least 25% of the gross lot
area shall be landscaped.
(c) Site Plan.
Each application for a drive-in
business special use permit shall
be accompanied by a site Plan
showing the landscaping require-
ments hereinbefore set- forth and
in addition the following items
where they may be appropriately
reflected on the site plan:
(1) The site plan shall clearly in.
dicate suitable storage con-
tainers for all waste material.
(2) The parking area shall be
paved with asphalt or concrete
to specifications approved by
the Village Council.
(3) All curbing required by the
Village Council shall be con-
crete.
(4) Adequate area shall be desig.
nated for snow storage such
that clear visibility shall be
maintained from the property
to any public street.
(5) A suitable screening fence
shall be erected along all
property lines except those
which are also public right -of.
way lines. Said fence shall be
of a type and design approved`
by the Village Council.
Planting of a type approve
by the Council may also l
required in addition to or i
lieu of fencing.
(6) All lighting shall be direete
such that the source of .an
light shall not be visible froi
the public street or adjacer
property.
(7) The plan shall show the Ic
cation thereon of all strut
tures, including the princips
structure, not specifically re
ferred to herein, and the de
sign of all structures shall b
compatible with other struc
tures in the surrounding are[
(8) The plan shall show adequat
provision thereon for sorfac
water drainage.
(9) Electronic devices such a
loud speakers, automobile sec
vice order devices, drive-h
theater car speakers and Sim
ilar instruments shall not b
located within 50 feet of an,
residentially used propert:
nor within 25 feet of an;
adjacent lot regardless of use
or zoning district.
(10) No permanent or temporar7
signs visible from the publi(
street shall be erected with
out approval from the Village
Council.
(11) No plan shall be approve[
which will in any way con.
stitute a hazard to vehicular
or pedestrian circulation. Nc
access drive shall be within
50 feet of intersecting street
curb lines.
(12) The Plan shall show access
to public streets or other pub-
lic ways from at least twc
points on the subject prem-
ises.
Listing of Special Uses
Certain uses are herein listed whict
reconsidered to be categories where
pecial use permits may be granted it
he event the Council determines that the
iarticular use meets the general re-
ruirements referred to in Paragraphs 1
nd 2 hereof.
a. In Residential Districts:
Institutional Housing
Churches, private schools, public
schools, parochial schools, and other
institutions
Greenhouses and seasonal businesses
(retail and wholesale)
Swimming pools (including all as-
sociated or accessory structures)
Golf Courses
Fences across front yards exceeding
21A feet in height
Residences housing two or more fam-
ilies.
Accessory structures other than
those listed as permitted.
Home occupations
Public uses
b. In Limited Business Districts:
Institutional Housing
Clubs and lodges, non-profit
Mortuaries
Private Colleges and Institutions
Seasonal businesses
Residences housing two or more
families
c. In Retail Business Districts:
Music, Dance, or business schools
Service station
Club and lodge, non-profit
Commercial recreation
Fuel sales
Mortuaries
Restaurants with live entertainment
and dancing.
Veterinary clinic or offices
Motel
d. In General Business Districts:
Clubs and lodges
Car Wash
Veterinary clinic or offices
Commercial recreation
Service station
e. In Industrial Districts:
Storage, utilization, or manufacture
of explosives, dynamite, or flam-
mable gases and liquids.
Open- storage, where such storage
is accessory use.
Railroad storage and switching
yards and rail lines
Service stations
Restaurants
Advertising signs
Refuse, trash, or garbage disposal,
incineration, or reduction
Transportation terminal as accessory
use.
f. In all Districts:
Farms as defined and regulated in
Ordinance No. 73
Golf courses and country clubs
Broadcasting or reception antenna
or towers over 45 feet in height
i (measured from average grade level)
Public school
Railroad lines
Utility substations
I External storage not accessory to a
Principal use, except those curently
i being used for construction on the
premises; "currently" shall mean
within a period of 18 months.
Excavating business - sand, gravel,
black dirt, sod, or rock
Land reclamation, mining and soil
processing
Armories, convention halls, and sim-
ilar uses
Christmas tree sales
Overhead and underground utilities
not included as part of an approved
and officially recorded subdivision.
Private or semi-public and public
outdoor recreation areas and use,
designed for use by more than 30
persons at any one time.
G. Accessory Uses
1. In Residential Districts
Open, off street parking space (not
more than four (4) vehicles per one and
two family homes).
Gardening and other horticultural uses
where no sale of products is conducted
within a building except as permitted un-
der "agriculture".
Decorative landscape features such as
statues, rocks, benches, planting and
reflection pools.
Private garages
One lodging room per single family
home
Domestic animals other than farm an-
imals and dog kennel
Waterfront uses
Fences and Hedges
2. In Business and Industrial Districts
Any incidental repair, processing, and
storage necessary to conduct a permitted
principal use but not exceeding thirty
(30%) of the floor space of the princi-
pal building and enclosed within the
principal building.
Off-street parking
Fences and Hedges
Decorative landscaping features
Section IV: Performance Standards
The Performance standards established
in this section are designed to encourage
a high standard of development by pro-
viding assurance that neighboring land
uses will be compatible. The perform-
ance standards are ala) designed to pre-
vent and eliminate those conditions that
cause urban blight. All future develop-
ment shall be required to meet these
standards. The standards shall also ap-
ply to existing development where so
stated. The Village Council shall be re.
sponsible for enforcing the Standards.
Before any building permit is ap-
proved, the Building Inspector shall de-
termine whether the proposed use will
conform to the performance standards.
The developer shall supply data neces-
sary to demonstrate such conformance.
Such data may include description of
equipment to be used, hours of operation,
method of refuse disposal, type and lo-
cation of exterior storage, etc. It may
occasionally be necessary for a develop-
er or business to employ specialized con-
sultants to demonstrate that a given use
will not exceed the performance stand-
ards.
A. Visual Standards
It is hereby affirmed as essential mun-
icipal policy that the appearance of this
municipality is a proper matter for pub-
lic concern and that all open spaces,
buildings, signs, plantings, surfaces, and
structures which may be seen from the
Public ways are subject to the provi-
sions of this ordinance. To this end the
Building Inspector, Planning Commis-
sion and the Council shall consider,
Prior to the recommendation for issuance
or issuance of any building Permit or
other permit hereunder, whether the ap-
pearance of the structure or other sub-
ject -matter of the application will un-
reasonably detract from the appearance
of the Village. In this connection it
should be determined whether the de-
sign, proposed construction, proposed ma-
terials, nr other aspects of the sub-
ject matter of the permit, when. con-
sidered in perspective with the surround-
ing area and also in perspective with
the Village as a whole, are such that
a reasonable person would consider it
to be unsightly and offensive. In making
this determination it is fair to consider
whether appropriate change or adjust-
ment as requested by the Council or oth-
er agency of the Village would place an
unreasonable burden upon the applicant
as balanced against the Council's aim
to improve the general appearance of
the Village.
The foregoing considerations shall be
applicable to any permit applications,
but are considered particularly aDplic-
able to principal buildings other than
single family homes, and accordingly
the following provisions of this Para-
graph' A are applicable directly to prin-
cipal buildings other than single fam-
ily homes.
The application for a building per-
mit for a principal building shall be
accompanied by plans showing the ex-
terior elevations of the proposed build-
ing, adequately and accurately indicat-
ing thereon the height, size, bulk and
design of all elevations. In addition a
description shall be furnished of the con-
struction and materials proposed to be
used therein. A complete site plan show-
ing landscaping, off street parking,
structure locations, grades, and access
drives shall also be furnished.
Plans for such principal buildings
shall be submitted to the Planning Com-
mission for review; a report thereon
shall be submitted to the Village Coun-
cil within 30 days following receipt of
the plans by said Commission; the Coun-
cii may grant or deny the issuance of
a building permit within 60 days follow-
ing receipt of a report from the Plan-
ning Commission.
It is considered generally undesirable
that the following materials should be
used on the exterior wall surfaces of
such principal buildings when the build-
ings are visible from a public street:
sheet metal, whether corrugated or plain,
unfinished structural clay tile, com-
mon concrete masonry units, concrete
brick, or similar materials. Such mater-
ials, however, may be used in a proper
arrangement, or in combination with
other materials of a permanent nature
with good architectural design and ap-
peal, all in conformance with the gen-
eral considerations hereinbefore set
forth.
B. Exterior Storage
In residential districts, all materials
and equipment shall be stored within a
building or fully screened so as not to
be visible from adjoining properties, ex-
cept for the following: laundry drying
and recreational equipment, construction
and landscaping materials and equip-
ment currently (within period of 12
months) being used on the premises,
agricultural equipment and materials if
these are used or intended for use on
the premises, off-street parking of pass-
enger automobiles and pick-up trucks.
Boats and unoccupied trailers, less than
20. feet in length, are permissible if
stored in the rear yard more than ten
feet distant from the property line, and
inconspicuous. Existing uses shall com-
ply with this provision within 12 months
after the effective date of this Ordi-
nance.
C. Refuse
In all districts, all waste materials,
debris, refuse, or garbage shall be kept
in an enclosed building or properly
screened and -contained in a closed con-
tainer designed for such purposes. The
owner of a vacant land shall be respons-
ible for keeping such land free of re-
fuse and weeds. Existing uses shall com-
ply with this provision within sixty (60)
days followng the effective dateofthis
Ordinance.
Passenger vehicles and trucks in an
inoperable state shall not be parked out-
doors in the Village of Arden Hills for
a period exceeding seven (7) days; in-
operable shall mean incapable of move-
ment under their own power and in need
of repairs or junk yard. All exterior
storage not included as a permitted ac-
cessory use, a permitted use, or included
as part of a special use permit, or other-
wise permitted by provisions of th+s
Ordinance shall be considered as refuse.
D. Screening
Screening shall be required in reai-
dent:al zones where (a) by virtue of
special use permit any off-street park.
ing area contains more than four park-
ing spaces and is within 30 feet of an
adjoining residential zone, and (b)
where the driveway to a parking area
of more than six parking spaces is with-
in 15 feet of an adjoining residential use
or zone.
Where any business or industrial use
(structure, parking or storage) is ad-
ja-ent to property zoned or devleoped for
residential use, that business or indus-
try shall provide screening along the
boundary of the residential property.
Screening shall also be provided where a
business, parking lot, or industry is
across the street from a residential zone,
but not on that side of a business or
industry considered to be the front (as
determined by the Building Inspector).
All exterior storage shall be screened.
The exceptions are: (1) merchandise be-
ing displayed for sale; (2) materials and
equipment being used for construction on
the premises; (3) merchandise located
on service station pump islands.
The screening required in this section
shall consist of a fence or wall at least
3 0 % open for passage of air and not less
than five feet high, but such fence or
wall shall not extend within 15 feet of
any street or driveway. The screening
shall be placed along property lines or,
in case of screening along a street, 15
feet from the street right-of-way with
landscaping between the screening and
the pavement. A fence shall block direct
vision of the storage from the street,
Planting of a type approved by the Plan-
ning Commission may also be required
in addition to or in lieu of fencing.
E. Landscaping
In all districts all developed uses shall
provide a landscaped yard along all
streets. This yard shall be kept clear of
all structures, storage, and off-street
parking. Except for driveways, the yard
shall extend along the entire frontage
of the lot, and along both streets in the
case of a corner lot. Such yard shall
have a depth of at least 20 feet from
the street line.
F. Maintenance
In all districts, all structures, requir-
ed landscaping and fences shall be main-
tained so as not to be unsightly or pre-
sent harmful health or safety conditions.
G. Glare
In all districts any lighting used to
illuminate an off-street parking area,
sign, or other structure shall be so ar-
ranged as to deflect light away from
any adjoining residential zone or from
the public streets. Direct or sky -reflected
glare, where from floodlights or from
high temperature processes such as
combustion or welding, shall not be dir-
ected into any adjoining property. The
source of lights shall be hooded or con-
trolled in such manner so as not to light
adjacent property.
H. Signs
Signs shall be regulated in accord-
ance with Ordinance No. 76 and amend-
ments thereto.
I. Parking (Minimum Requirements)
Surfacing and Drainage
Off-street parking areas shall be im-
proved with a durable and dustless sur-
face. Such areas shall be so graded and
drained as to dispose of all surface water
accumulation within the area. These re-
quirements shall also apply to open sales
lots. Durable and dustless surface may
include crushed rock and similar treat-
ment for parking accessory to one, two,
three, and four -unit residential struc-
tures; all other uses shall utilize as-
phalt, concrete, or other surface (water
sealed) as approved by the Village En-
gineer or Building Inspector.
Location
All accessory off-street parking fa-
cilities required herein shall be located
as follows:
I. Spaces accessory to one and two-
family dwellings on the same lot as
the 'principal use served.
2. Spaces accessory to multiple -family
dwellings on the same lot as the prin-
cipal use served or within 200 feet
of the main entrance to the principal
building served.
8 Spaces accessory to uses located in a
Business or Industrial District: with-
in 800 feet of a main entrance to the
principal building served.
4. There shall be no off-street parking
space within five feet of any street
right-of-way.
5 No off-street open parking area con-
taining more than four (4) parking
spaces shall be locat-d closer than
fix-e (5) feet from an adjacent lot
zoned or used for residential purposes.
Acerss
All off-street parking spaces shall
have access off driveways and not dir-
ectly off the public street. Curb cuts
shall be limited to one per single family
home. Curb cuts for all other land uses
shall be as approved by the Village
Council. Curb cuts along thoroughfares
and expressways shall be prohibited
where feasible and practicable.
Determination Areas
A parking space shall be not less than
800 square feet per vehicle of standing
and maneuvering area.
Track Parking in Residential Areas
No motor vehicle over one ton capac-
ity bearing a commercial license and no
commercially licensed trailer or cab shall
be parked or stored in a platted resi-
dential district except when loading, un-
loading, or rendering a service.
Other Parking in Residential Areas
Parking in residential areas (off-
street and on -street) shall be limited to
the use of the residents of those homes.
Except for short-term parking (six hours
or less) and guest parking, the number
of vehicles parked on or in front of a
residential lot shall not exceed double
the number of persons residing on the
premises and having automobile driver's
licenses. On -street parking in residential
areas -shall not exceed six hours during
any 12 hour period.
Reduction of Parking Areas
Off-street parking spaces shall not be
reduced in number unless said number
exceeds the requirement set forth here-
in. _
Off -Street Spaces Required (One space equals 300 square feet)
One and Two Family Residences One space per vehicle utilized by occupants.
Multiple Dwellings One and one-half space per dwelling unit.
Churches, Theaters, Auditoriums, One space for each three seats or for
Mortuaries, and other places of each five feet of new pew length. Based
assembly upon maximum design capacity.
Business and Professional Offices One space for each 400 square feet of
gross floor space.
Four spaces per doctor or dentist plus
one for each employee but in no event
shall there be a total of less than
five spaces.
One space for each 150 square feet of
gross retail sales floor space.
One space for each unit and for each
employee.
One space for each three seats.
Three spaces for each enclosed bay
and one space for each full-time
employee during any one work shift.
Five spaces per lane plus spaces as
required for related uses.
One space for every one and one-half
employees (based upon maximum planned
employment during any work period) or
one space for each 1,000 square feet
of floor area, whichever requirement
is the greater.
Parking space requirements shall be
determined by the Council upon advice
from the Planning Commission.
Joint Facilities
Required parking facilities serving two
or more uses may be located on the same
lot or in the same structure provided
that the total number of parking spaces
furnished shall be not less than the sum
of the separate requirements for each
use during any peak hour parking period
when the barking facility is utilized at
the same time by two or more uses.
Conditions required for joint use:
1. The proposed joint parking space
is within 400 feet of the use it will serve.
2. The applicant shall show that there
is no substantial conflict in the principal
operating hours of the two buildings or
uses for which joint use of off-street
parking facilities is proposed.
3.- A properly drawn legal instrument
approved by Village Council, executed
by the parties concerned, for joint use
of off-street parking facilities shall be
filed with the Village Clerk and with the
proper county office and shall contain a
provision that such mutual parking
agreement shall not be terminated with-
out approval of the Village Council.
Any change in ownership or leasing shall
be subject to review by the Village
Council.
J. Off -Street Loading
Off-street loading space shall be pro-
vided in connection with any structure
which requires the receipt or distribution
of materials or merchandise by trucks
or similar vehicles.
Where noise from loading or unload-
ing activity is audible in a residential
district, the activity shall terminate be-
tween the hours of 7:00 p, in. and 7:00
a M.
K. Traffic Control
The traffic generated by any use shall
be channelized and controlled in a man-
ner that will avoid: (a) congestion on
the public streets, (b) traffic hazards,
and (c) excessive traffic through resi-
dential areas, particularly truck traffic.
Medical and Dental Clinics
Retail Shopping
Motels, Hotels, Mobile Home
Parks, Tourist Homes
Restaurants, Taverns, Bars
Service Stations
Bowling Alleys
Other Business and Industry
Uses not specifically noted above
including public uses
Internal traffic shall be so regulated as
to ensure its safe and orderly flow.
Traffic into and out of business and in-
dustrial areas shall in all cases be for-
ward moving with no backing into
streets.
On corner lots, nothing shall be placed
or allowed to grow in such a mariner as
materially to impede vision between a
height of two and one-half and ten feet
above the centerline grades of the in-
tersecting streets or within fifteen feet
of the intersecting street right-of-way
lines. This restriction shall also apply to
Yard grades that result in elevations
that impede vision within fifteen feet
of any intersecting street right-of-way
lines.
L. Drainage
No land shall be developed and no use
shall be permitted that results in water
run-off causing flooding, or erosion on
adjacent properties. Such run-off shall be
properly channeled into a storm drain,
water course, ponding area, or other
public facility.
M. Radiation and Electrical Emmissions
No activities shall be permitted that
emit dangerous radioactivity beyond en-
closed areas. There shall be no electrical
disturbance (except from domestic house-
hold appliances) adversely affecting the
operation at any point of any equipment
other than that of the creator of such
disturbances.
N. Other Nuisance Characteristics
No noise, odors, vibration, smoke, air
pollution, liquid or solid wastes, heat,
glare, dust, or other such adverse influ-
ences shall be permitted in any district
that will in any way have an unreason-
ably objectionable effect upon adjacent
or nearby property. All wastes in all
districts shall be disposed of in a man-
ner that is not dangerous to public
health and safety and will not damage
public waste transmission or disposal
facilities. The standards set forth below
and in the documents to which reference
is made are intended to guide develop-
ers and residents im the Village, and de-
velopers or applicants for building per-
mits on commercial or industrial prop-
erty will be expected to satisfy the Vill-
age Council and the Planning Commis-
sion that these standards will not be vi-
olated.
Noise: (This table is intended to set forth the maximum noise that will be per-
mitted in the districts described).
Period Within
Which Existing
Uses Must Comply
37.5 to 75
75 to 150
150 to 300
300 to 600
600 to 1200
1200 to 2400
2400 to 4800
Over 4800
Odors:
Table III (Odor Thresholds) in Chap-
ter 5, "Air Pollution Manual" copyright
1951 by Manufacturing Chemists Asso-
ciation, Incorporated, Washington, Dis-
trict of Columbia.
Vibration:
The following vibrations are prohib-
ited in the Village of Arden Hills and
are considered to be a public nuisance,
Sound Level in Decibels
Measured at property line
Residential Non -Residential
Districts Districts
58 73
54 69
50 65
46 61
40 55
38 48
•26 41
20 85
5 yearn
5 years
to -wit: (a) any vibration discernible (be-
yond property line) to the human sense
of feeling for three minutes or more
duration in any one hour and any vibra-
tion producing an acceleration of more
than 0.1 g's or resulting in any combin-
ation of amplitudes and frequencies be-
yond the "safe" range of Table 7, United
States Bureau'of )dines Bulletin No. 442,
"Seismic Effects of Quarry Blasting",
on any structure.
Glare:
No light or combination of lights
from any source shall exceed 1 foot can-
dle meter reading as measured from the
centerline of any street nor exceed 0.4
foot candle meter reading as measure(]
from any property zoned for residential
use, other than the lot where the source
of light is located.
Smoke
Any emission of visible smoke of a
shade darker than No. 1 on the Ringel-
mann Smoke Chart, as published by the
United States Bureau of Mines is pro-
hibited, except that visible gray smoke
of a shade not darker than No. 3 on
said chart may be emitted for not more
than four minutca in any 30 minutes.
Air Pollution:
(Fly Ash, Dust, Fumes, Vapors, Gases,
etc.)
The following emissions are prohibited:
(a) Any emission is prohibited which
can cause any damage to health, animals
or vegetation, or other forms of prop-
erty, or which can cause any excessive
soiling at any point; and any emission
of any solid or liquid particles in can.
centrations exceeding 0.3 grains per
cubic foot of the conveying gas or air
at any point. For measurement of the
amount of particles in gasses resulting
from combustion, standard corrections
shall be applied to a stick temperature
of 600 degree Fahrenheit and 50 percent
excess air.
O. Animals
Any building in which farm animals
are kept shall be a distance of two hun-
dred (200) feet or more from any other
occupied lot and any open or roofed en-
closure in which animals are kept shall
be a distance of one hundred feet or
more from any occupied residential lot.
The Council may order the owner of any
animals to apply for a special use permit
if it is deemed to be in the interest of
%he public health, safety, or general wel-
fare.
P. Incorporation by Reference
The documents referred to in Para-
graphs entitled Odors, Vibrations, and
Smoke are incorporated herein by ref-
erence.
Q. Floor Area Ratios
All buildings proposed that exceed the
height limits imposed by provisions of
this ordinance and require a special use
permit shall be governed as follows:
Buildings of greater height than ex-
piessly permitted by the ordinance may
Period Within
Which Existing
Uses Must Comply
5 years
5 years
5 years
be permitted by special use permit pro-
vided:
1. It is determined that:
a. Adequate fire protection and other
safety features are provided; and
b. The height and bulk of the build-
ing will not destroy a scenic or
other appropriate view• will not shut
off light and air from surrounding
properties, or otherwise be detri-
mental to the public.
2. Said high-rise buildings shall be in
accordance with floor area ratio stand-
ards (a formula that regulates the max-
imum amount of floor space on any
lot in terms of a multiple of the area
of the lot) as follows:
In Residential Districts:
FAR of 0.5 for buildings up to and
including six (6) stories in height;
FAR of one (1) for buildings over
six ( 6 ) stories in height.
In Non -Residential Districts:
FAR of one (1)
The FAR shall be interpreted to mean
Floor Area _ FAR
Lot Area
In no event, however, shall any building occupy more than the permitted percentage of lot area as provided in this
ordinance.
Example:
...................:.......
4'e s
To permit reasonable flexibility in the design of large buildings, any building having over four (4) stories may be con-
sidered as a "Planned Development."
Section V : Administration the application within 60 days following
A. Amendments report to it by the Planning Commis-
!n accordance with the provisions of sion. Council action may include ap-
Minnesota Statutes. the Village Council proval, denial, or referral back to the
may, from time to time, adopt amend- Planning Commission. The person mak-
ments. All proposed amendments shall ing the application shall be notified of
be referred to the Planning Commission the Council's action.
prior to adoption. The Planning Commis- 6. No application for rezoning which
sion shall hold a public hearing on the has been denied wholly or in part shall
proposed amendment. be resubmitted for a period of six (6)
Amendments which would result in the months from the date of said order of
changing of zoning district boundaries denial.
(rezoning) shall be governed by the pro- 7. In the event a rezoning application
cedure set forth in Paragraph B hereof. is approved the zoning map shall be
Proposed amendments to the Zoning Ord- amended by an appropriate ordinance,
inance which would not result in such which ordinance shall describe the prop -
a rezoning shall also be considered by erty rezoned by its legal description, and
the Planning Commission at a public shall further provide that the Clerk shall
hearing, and all of the provisions of indicate the rezoning on the official
Paragraph B hereof relative to such zoning map on file in the office of the
hearing shall apply thereto, except that Clerk, but it shall not be necessary to
no mailed notice of that hearing shall republish said zoning map to effectuate
be required nor shall any Ownership Re- the rezoning.
port be required. C. Special Use Permits
B. Rezonings The procedure for issuance of special
The procedure for changing zoning use permits is as follows:
district boundaries (rezoning) shall be 1. The person applying
as follows: pp ring fora special
use permit shall fill out and submit to
1. The Planning Commission, Village the Village Clerk a "Zoning Form" to -
Council, or property owner may initiate gether with a fee of $20.00 and an Own -
a rezoning. Persons wishing to initiate ership report showing the apparent rec-
a rezoning of property shall fill out a ord owners of property within 250 feet
"Zoning Form". The zoning form shall of the outer limits of the property
be accompanied by a fee of $45. to be which is the subject of the application.
used for the costs of processing the ap- 2. The Clerk shall refer the applica-
plication. The applicant shall also file, tion to the Planning Commission which
with the zoning form, an Ownership Re- shall hold a public hearing. Published
port showing the apparent record own- notice and mailed notice of the public
ers of all property within 250 feet of the hearing shall be given by the Clerk in
outer limits of the property sought to be the same manner as provided on a re -
rezoned. In addition the applicant shall zoning application in the preceding
furnish, if requested by the Council or paragraph.
the Planning Commission, a survey of 3, The Planning Commission shall
the property sought to be rezoned. The schedule and hold said public hearing
zoning form and the Ownership Report with all reasonable promptness after the
shall be filed with the Administrative application is referred to it. The appli-
Clerk. cant or his representative shall be given
2. The Administrative Clerk shall mail the opportunityto appear
to owners of property within 250 feet tobefore the
of the outer limits of the property sought Planning Commission to answer ques-
to be rezoned notice of the public hear- pop a give explanations regarding the
Com-
ing to be held thereon, which notice shall proposed special use. The Planning ro-
be mailed at least ten days before such mission shall thereupon submit its re-
hearing. The Clerk shall be entitled to Dort and he Council.
ion an the appli-
rely upon the said Ownership Report for cation to the Counenl.
the names of such property owners but 4. The Council must take action on the
may, if considered necessary by the application within 60 clays after receiv-
Clerk, make additional inquiry as to ing the report of the Planning Commis -
other possible owners or non -record Sion. If it grants the special use per -
owners and send notices to such indi- mit, the Council may impose conditions
viduals also. In any event failure of any (including time limits) it considers nee -
property owner to receive said notifies- essary to protect the public health, safe-
tion shall not invalidate the proceedings. .ty and welfare and such conditions may
3. The Planning Commission shall include a time limit for the use to exist
hold a public hearing on the rezoning or operate.
application. In addition to the mailed 5. An amended special use permit ap-
notice herein provided notice of said plication shall be administered in a man -
hearing shall be published in the of- ner similar to that required for a new
ficial village newspaper at least ten days special use permit except that the fee
before the date of the hearing. The shall be fifteen dollars ($15.00). Amend -
Planning Commission shall schedule said ed special use permits shall include
public hearing with all reasonable re -applications for permits that have
Promptness after the application has been denied, renewal of temporary per -
been referred to it. in its, requests for changes in conditions,
4. The Planning Commission shall and as otherwise described in this ord-
make its report to the Council on or be- inance.
fore the next regular meeting of the 6. No application for a special use per -
Village Council following the date of mit shall be resubmitted for a period of
the public hearing. six (6) months from the date of said
6. The Council must take action on order of denial.
7. If a time limit or periodic review
is included as a condition by which a
special use permit is granted, the spec-
ial use permit shall be reviewed at a
public haring with notice of said hear-
ing being published at least seven (7)
days prior to the review. It shall be the
reeponsibility of the Village Clerk to
schedule such public hearings and to
cause Published notice thereof to be
given.
D. Variances and Appeals
On occasion the Provisions of this
Zoning Ordinance may impose practical
difficulties or unnecessary hardships
with respect to the use or development
of a particular parcel of the property.
If the difficulty or hardship arises be-
cause of special conditions applying to
the structure or land in question, which
conditions do not apply generally to
ether land or structures in the district
in which the land is located, the Council
may grant a variance on an appeal by
the applicant if the Council finds, in
addition to the foregoing requirements,
that granting the variance will not im-
pair the health, safety, comfort, morals
'and g"neral welfare of�the public, nor
will it be contrary to the intent of the
zoning ordinance. The hardships or dif-
f(^ulties in the particular case must re-
late to th- characteristics of the land
and not the property owner and will
normally relate to building set -back
lines, lot area requirements, and similar
matters. The Procedure for granting
variances is as follows:
M3lA380HS II
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M21A saNnow •NOIHOIUQ
1. A person desiring a variance shall
fill out and submit to the Village Clerk
a "Zoning Form" together with a fee
of $5.00.
2. The appncatwit shall be referred
to the Bnard of Appeals which shall
submit a report to the Village Council.
3. The petitioner shall appear before
the Board of Appeals in order to answer
questions.
4. The report of the Board of Appeals
shall be sent simultaneously to the
Planning Commission and to the Village
Council. This report shall be considered
by the Planning Commission at its next
regular hearing after receipt of the
same, or at such special meeting held
before that time as the Planning Com-
mission shall deem proper. The report of
the Board of Appeals shall be placed on
the agenda of the Village Council at its
next regular meeting after the
matter has been considered by
the Planning Commission, or at any
special meeting held by the Council
thereafter if the Council sees fit to
place it on the agenda of such special
meeting. At such meeting the Council
shall consider the report of the Board
of Appeals and the report, if any, of
the Planning Commission thereon. In
the absence of a report from the Plan-
ning Commission or a request from the
Planning Commission that consideration
by the Council be deferred, it shall be
conclusively presumed by the Council
that the Planning Commission has no
objection to the report and recommend-
ation of the Board of Appeals. The
Council may then grant the variance if
it determines that the variance is per-
missible in accordance with the forego-
ing standards.
Section VI: Rules and Definitions
The language set forth in the text of
this Ordinance shall be interpreted in
accordance with the following rules of
construction :
1. The singular number includes the
plural, the plural the singular.
2. The present tense includes the past
and the future tenses, and the future
the present.
The word "shall" is mandatory
while the word. "may" is Permissive.
4. The masculine gender includes the
feminine and neuter.
5. All measured distances shall be to
the nearest integral foot. If a fraction
is one-half foot or less, the integral foot
next below shall be taken.
6. The following words and terms,
wherever they occur in this Ordinance,
shall be interpreted as herein defined:
Accessory Use or Structure
The use or structure subordinate to the
principal use or building on the same
lot and serving a purpose customarily
incidental thereto.
Agriculture Uses
Those uses associated with the grow-
ing of produce on farms. These include:
field crop farming; fruit growing; tree,
shrub, plant or flower nursery without
building: truck gardening; roadside
stand for sale in season of products
grown on premises; but not including
livestock raising and feeding, fur farms,
commercial animal feed lots, and ken-
nels except as otherwise provided by the
Village Codes and Ordinancs.
Apartment
An approved (special use permit) ef-
ficiency unit or suite of roomswith
cooking facilities which is occupied as
a residence by a single family. Includes
buildings with two or more dwelling
units, and efficiency units.
Automobile Service Uses
Those uses catering to the motorist
traveling along the highway. These in-
clude: auto laundry; eating establish-
ments; motels, public garages; repair
garages; seasonal produce stands; ser-
vice stations, motor vehicle sales, trailer
sn'es and rental, boat sales, rental ser-
vices.
Auto -Wrecking Yard
Any open space where three .,r more
vehicles are stored which are not reg-
istered and which do not possess current
state auto licenses.
Basement
A portion of a building located part-
ially underground but having less than
one-half its floor to ceiling height be-
low the average land grade.
Boarding House (Rooming or Lodging
House)
A building containing lodging rooms
accommodating, for compensation, three
or more persons, but not exceeding 12,
who are not of the keeper's family.
Lodging may be provided with or with-
out meals.
Bui!ding
Any structure which is built for the
support, shelter or enclosures of persons,
animals, chattels or movable property
of any kind which is permanetly affixed
to the land.
Building Height
A vertical distance to he measured
from the mean finished ground level to
the top of a flat roof, to the mean
height level between eaves and ridge for
gable, hip, and gambrel roofs, to the
deck line of a mansard roof, to the up-
permost point on all other roof types.
Business
Any occupation, employment or en-
terprise wherein merchandise is exhib-
ited or sold or which occupies time, at-
tention, labor and materials, or where
services are offered for compensation.
Cellar
That portion of a building having more
than one-half of the floor to ceiling
height below the average land grade. A
cellar shall not be counted as a story
for purposes of height measurement.
Church
A building, together with its access-
ory buildings and uses, where persons
regularly assemble for religious worship
and which building, together with its
accessory buildings and uses, is main-
tained and controlled by a religious body
organized to sustain public worship.
Club or Lodge
A club or lodge is a non-profit asso-
ciation of persons, who are bona fide
members Paying dues, use of premises
being restricted to members and their
guests. It shall be permissible to serve
food and meals on such premises provid-
ing adequate dining room space and
kitchen facilities are available. Serving
of alcoholic beverages to members and
their guests shall be allowed, providing
such serving is secondary anincidental
to the operation of the did ning room for
the purpose of serving food and meals
and providing further that such serving
of alcoholic beverages is in compliance
with the applicable Federal, State and
Municipal laws.
Commercial Recreation
Bowling alley, golf, pool hall, dance
hall, skating, tavern, theater, indoor
firearms range, and similar uses.
Domestic Animals
Dogs, cats, birds, and other commonly -
known household pets but not exceed-
ing four in total for any one dwelling
unit, not more than two of which may
be dogs.
Drive -In Business
Any business or establishment offer-
ing to the public a service or food,
whether dairy products or any other food
item, where it is not necessary that the
customer enter the building on the prem-
ises to make the purchase or obtain the
service. In general such business pro-
vide parking space on the premises for
the customers, although this is not a
required part of the definition. Any bus-
iness offering prepared food or dairy
products by delivery to the customer in
the vehicle or for possible consumption
by the customer in the vehicle is includ-
ed as a drive-in business, except as here-
inafter provided. By way of illustration,
but without limitation, drive-in business-
es include the following: drive-in theater,
drive-in bank, drive-in cafe, and drive-
in laundry or dry cleaning station.
Grocery stores, confectionery stores, or
dru!r stores which offer "takehome"
food services as an incidental part of
their business shall not be considered a
drive-in business.
It is recognized that automobile ser-
vice stations are a drive-in business with.
in the meaning of this general defini-
tqn, but they are excluded from the de-
finition as used herein since they are
treated separately in this ordinance and
are defined separately, and are consider-
ed to be such a vital type of drive-in
business that they should be defined and
treated separately.
Licenses for drive-in businesses are
the subject of a separate ordinance.
Dwelling Unit
A residential building or portion there-
of intended for occupancy by a family
but not including hotels, motels, board-
ing or rooming houses, tourist homes or
trailers.
Exterior Storage (includes open storage)
The storage of goods, materials, equip-
ment, manufactured products and sim-
ilar items not fully enclosed by a build-
ing.
Family
A family is:
a. An individual, or two or more per-
sons related by blood, marriage or
adoption living together, or
b. A group of not more than three pre -
sons who need not be related by
blood, marriage or adoption, living
together as a single housekeeping
unit in a dwelling unit, exclusive of
usual servants.
Farm Animals
Cattle, horses, goats, sheep, swine
fowl, bees, fur bearing animals, and sim.
ilar animals.
Flour Area
The sum of the gross horizontal area:
of the several floors of the building or
portion thereof devoted to a particular
use, including accessory storage area:
located within selling or working space
such as counters, racks or closets, and
any basement floor area devoted to re-
tailing activities, to the production or
processing of goods, or to business or
professional offices. However, the floor
area shall not include: basement floor
area other than area devoted to retailing
activities; the production or processing
of goods, or to business or professional
offices. The floor area of a residence
shall not include the area of attached
garages, enclosed breezeways or porches,
or basement area.
Garage, Private
An accessory building or accessory
portion of the principal building which
is intended for and used to store the
private passenger vehicles of the family
or families resident upon . the premises,
and in which no business, service or in-
dustry is carried on; provided that not
more than one-half of the space may
be rented for the private vehicles of
persons not resident on the premises, ex-
cept that all the space in a garage of
one or two car capacity may be so rent-
ed. Such a garage shall not be used for
more than one commercial vehicle. The
load capacity of such commercial ve-
hic!e shall not exceed one ton.
Garage, Public
A building or portion of a building,
except any herein defined as a private
garage or as a repair garage, used for
the storage of motor vehicles, or where
any such vehicles are kept for renum-
oration or hire and in which any sale
of gasoline, oil and accessories is only
incidental to the principal use.
Garage, Repair
A building or space for the repair or
maintenance of motor vehicles but not
including factory assembly of such ve.
hicles, auto wrecking establishments or
junk yards.
Home Occupation
Any gainful occupation or profession
engaged in by the occupant of a dwell-
ing at or from the dwelling when car.
ried on within a dwelling unit and not
in an accessory building provided that
no signs other than those normally util-
ized in a residential district are present,
no stock in trade is stored on the prem-
ises, over-the-counter retail sales are not
involved, and entrance to the home oc-
cupation is gained from within the
structure. Such usrs include professional
offices, minor repair services, photo or
art studio, dressmaking, or teaching
limited to four (4) students at any one
time and similar uses; however, a home
occupation shall not be interpreted to
include barber shops, beauty shops,
tourist homes, restaurants, or similar
uses. No home occupation shall be per-
mitted that creates the need for more
than three parking spaces at any given
time in addition to the parking spaces
required by the occupants; in no event
shall such number exceed a total of
five spaces. No home occupation shall
b= permitted in any accessory building.
Hotel
A building which provides a common
entrance, lobby, halls and stairway and
in which lodging is offered with or with-
out meals to 13 or more guests.
Institutional Housing
Students housing (4 or more students
on rental basis), rest home, hospitals,
sanitariums, nursing home, convalescent
home, orphan's home.
Junk Yard
An open area where waste, used, or
second hand materials are bought, sold,
exchanged, stored, baled, packed, dis-
assembled or handled, including, but not
limited to, scrap iron and other metals•
paper, rags, rubber, tires and bottles. A
junk yard includes an auto wrecking
yard but does not include uses estahlish.
ed entirely within enclosed buildings.
Landscaping
Planting such as trees, grass, and
shrubs.
Lodging Room
A room rented as sleeping and living
quarters but without cooking facilities
and with or without an individual bath-
room. In a suite of rooms without cook-
ing facilities, each room which provides
sleeping accommodations shall be count-
ed as one lodging room.
Lot (Of Record)
A parcel of land, whether subdivided,
or otherwise legally described as of the
effective date of this Ordinance, or ap-
proved by the Village as a lot subsequent
to such date and which is occupied by
or, under this ordinance and other ap-
plicable ordinances, is suitable for oc-
cupancy by one principal building or
principal use together with any accessory
buildings and such open spaces as are
required by this Ordinance, and having
its principal frontage upon a.street.
Lot, Corner
A lot situated at the junction of and
abutting on two or mogg intersection
streets; or a lot at the point of deflec-
tion in alignment of a single street, the
interior angle of which is 135 degrees
or less.
Lot, Front of
The front of a lot shall be, for the
purposes of complying with this Ordin-
ance, that boundary with the least width
abutting a public right-of-way. The
owner of a corner lot may select either
street lot line as the front lot line sub-
ject to approval by the Building In-
spector.
Lot Line
A property boundary line of any lot
held in single or separate ownership;
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.
Lot, Through
A lot which has a pair of opposite lot
lines abutting two substantially -parallel
streets, and which is not a corner lot.
On a through lot both street lines shall
be front lot lines for purposes of ap-
plying this ordinance.
Lot Width
The mean horizontal distance between
the side lot lines at the front set -back
line.
Manufacturing
All uses which include the compound-
ing, processing, packaging, treatment,
or assembly of products and materials
provided such use will not generate of-
fensive odors, glare, smoke, dust, noise.
vibrations, or other objectionable influ-
ences that extend beyond the lot on
which the use is located. Generally,
these are industries dependent upon
raw materials refined elsewhere. Such
uses include but are not limited to the
following: lumber yard; machine shops:
products assembly; sheet metal shops;
p!astics, electronics; general vehicle re-
pair, body work, and painting; contract-
ors shops and storage yard; food and
non-alcoholic beverages; signs and dis-
plays; printing; publishing; fabricated
metal parts; appliances, clothing; tex-
tiles; used auto parts.
Heavy Industry
All manufacture, compounding, pro-
cessing, packaging treatment, or assem-
bly of products and materials that
may emit objectionable and offen-
sive influences beyond the lot
on which the use is located. Such uses
include but are not limited to the fol-
lowing: sawmills; refineries; commerc-
ial feed lots: acid; cement; explosives;
flour, feed, and grain milling or stor-
age; meat packing; slaughter houses;
coal or tar asphalt distillation; render-
ing of fat, grease, lard or tallow: alco-
holic beverages; poisons, exterminating
agents; glue or size; lime; gypsum,
plaster of Paris: tanneries; automotive
parts, paper and paper products; glass,
chemicals, crude oil and petroleum pro-
ducts including storage; electric power
generation facilities, vingear works:
junk yard; auto reduction yard; found-
ry, forge, casting of metal products;
rockstone, cement products.
Medical Uses
Those uses concerned with the diag-
nosis, treatment, and care of human be.
ings. These include: hospitals, dental
services, medical services or clinic.
Miscellaneous Industry
Manufacture, warehousing, and whole-
saling of food, clothing, non-alcoholic
beverages, lumber yard, sign and dis-
play rack, printing and publishing; boat
and marine sales.
Mobile Home Park (Trailer Park)
Any premises on which are parked one
or more occupied trailers, or any prem-
ises used or held out for the purpose of
so supplying to the public a parking
space for one or more of such trailers,
does not include sales lots on which auto-
mobiles or unoccupied trailers —new or
used —are parked for purposes of in-
spection or sale.
Motel (Tourist Court)
A building or group of detached, semi-
detached, or attached buildings contain-
ing guest rooms or dwellings, each of
which has a separate outside entrance
leading directly from the outside of the
building, with garage or parking space
conveniently located to each unit, and
which is designed, used or intended to
be used primarily for the accommoda-
tion of automobile transients.
Multiple Residence (Apartment Building)
Three or more dwelling units in on
structure.
Nun -conforming Use
Any building, structure or land law
fully occupied by a use or lawfully ee
tablished at the time of the passage o
this . Ordinance or amendments theret
which sloes not conform, after the pass
age of this Ordinance or amendment
thereto, with the use regulations there
in.
Office Uses
Those commercial activities that tak
place in office buildings, where good
are not produced, said or repaired bu
require clerical, administrative, and aim
filar activity. These include: banks; gen
eral office, governmental office; in
surance office; personal loan agency
Professional office; real estate office
taxi -cab office, but not taxi stand; trave
agency or transportation ticket offic,
telephone exchange; utility office, ane
similar uses.
Off -Street Loading Space
A space accessible from a street, alley
or driveway for the use of trucks of
other vehicles while loading or unload.
ing merchandise or materials. Such space
shall be of such size as to accommodate
one vehicle of the type typically used it
the particular business.
Open Sales Lot (open storage)
Any land used or occupied for the
purpose of buying and selling any goods,
materials, or merchandise and for the
storing of same under the open sky
prior to sale.
Parking Space
A suitably surfaced and permanently
maintained area on privately owned
Property either within or outside of a
building of sufficient size to store one
standard automobile.
Planned Development
An urban development having two or
more principal uses or structures on a
single lot and developed according to an
approved plan.
Principal Structure or Use
One which determines the predominent
use as contrasted to accessory use or
structure.
Public
Uses owned or operated by municipal,
school district, county, state or other
governmental units.
Public Utility Uses
Transmission facilities of electric pow -
gas, water, telephone and railroad
companies. These include: electric power
transmission lines and gas pipe lines
(but not substations) ; telephone facil-
ities; water pumping, reservoir, and dis-
tribution facilities; railroad trackage,
but not including storage and switching
yards.
Recreational Equipment (in Residential
Districts)
Play apparatus such as swing sets
and slides, sandboxes, poles for nets, un-
occupied boats and trailers not exceeding
20 feet in length, picnic tables, lawn
chairs, barbecue stands, and similar
equipment or structures but not includ-
ing tree houses, swimming pools, play-
houses exceeding 25 square feet of floor
area, or sheds utilized for storage of
equipment.
Research
Medical, chemical, electrical, metal-
urgical or other scientific research con-
ducted in accordance with the provisions
of this Ordinance. Research shall not in-
clude the manufacture or processing of
materials or goods for sale. Applicants
for. a building permit shall submit evi-
dence indicating that any proposed use
will fully comply with all performance
standards contained in this ordinance.
Rest Home (Nursing Home)
A private home for the care of chi]
dren or the aged or infirm or place o
rest for those suffering bodily disorder:
Such a home does not contain equip
ment for surgical care or for the treat
ment of disease or injury, nor does i
include maternity care or care for men
tal illnesses or infirmities.
Rctail Shopping Uses
Stores and shops selling personal see
vices or goods over a counter. These in
elude, as examples and without limits
tion, the following: antiques; art am
school supplies; auto accessories; bak
cries; barber shop; beauty parlor; bi
cycles (not motorized) ; books and sta
tionery; candy; cameras and photo
graphical supplies; carpets and rugs
catering establishments; china an(
glassware; Christmas tree sales; clothe:
pressing; clothing and costume rental
custom dressmaking; department stores
and junior department stores; drugs.,
dry goods; electrical and household ap.
Dliances, sales and repair; florist; food
furniture; furrier shops; garden sup.
plies (year round operation only); gifts;
hardware; hats, hobby shops for retail
of items to be assembled or used away
from the premises; household appli-
ances; hotels and apartment hotels; in.
terior decorating; jewelry, including re-
pair; laboratories, medical and dental re-
search and testing; laundry and dry
cleaning pickup, processing to be done
elsewhere; Laundromat; leather goods
and luggage; locksmith shops; musical
instruments; office supply equipment;
optometrists; paint and wallpaper;
phonograph records; photography stud-
ios; service station; restaurants, shoes;
sporting goods; tailoring; theater, ex.
cept open air drive-in; tobacco- toys;
variety stores; wearing apparel and
similar tvpe uses.
Service Station
A place where gasoline, kerosene, or
other motor fuel or lubricating oil or
grease for operating motor vehicles is
offered for sale to the public and de-
liveries are made directly into motor
vehicles. Includes greasing and oiling
and the sale of automobile accessories
on the premises. Also includes minor re-
pairs, incidental body and fender work,
Painting and upholstering, replacement
of parts and motor services to passenger
automobiles and trucks not exceeding
one and one-half tons capacity. It shall
not include general repair, rebuilding or
reconditioning of engines, motor vehicles
or trailers; collision service, including
body, frame or fender straightening or
repair; overall painting or paint job; ve-
hicle steam cleaning.
Shopping Center
Any grouping of two or more princi-
pal retail uses whether on a single lot
or on abutting lots under multiple or
single ownership.
Setback
The minimum horizontal distance be-
tween a building and street or lot line.
Distances are to be measured from the
most outwardly extended portion of the
structure at ground level.
Sign (See Elsewhere in this Ordinance)
Street
A public right-of-way which affords
the principal means of access to abutting
property.
Structure
Anything erected, the use of which
requires more or less permanent loca-
tion on the ground; or attached to
something having a permanent location
on the ground. This shall include signs.
Transportation Terminal
Truck, bus terminal and storage area,
including motor freight (solid and liq-
uid) terminal, but only if accessory to
a principal use permitted in Industris
Districts.
Unsightly
In a state of poor maintenance, dirty
ugly.
Used Auto Parts
The processing, storage, and sale o
second hand or used automobiles o.
other vehicles parts provided such us,
is established entirely within enclose,
buildings.
Veterinary Clinic
Those uses concerned with the diag
nosis, treatment, and care of animals
including animal or pet hospitals.
Village Plan
A group of maps, documents, stand
ards, policy statements, and other ma•
terials which together constitute a com-
prehensive plan for the development of
the Village. Said plan' is maintained by
the Planning Commission in a form
subject to approval by the Village Coun.
cil.
Warehousing
The storage of materials or equipment
within an enclosed building as a princi.
pal use.
Waterfront Uses (Residential)
Boat docks and storage, water recrea.
tion equipment and other uses normally
incidental to a lakeshore residence pro-
vided such uses are for the exclusive use
of the occupants and non-paying guests.
Wholesaling (Warehousing)
The selling of goods, equipment and
materials by bulk to another business
that in turn sells to the final customer.
Yard
A required open space on a lot which
is unoccupied and unobstructed by a
structure from its lowest level to the
sky except as permitted in this Ordin-
ance. The yard extends along the lot
line at right angles to such lot line to
a depth or width specified in the set.
back regulations for the zoning district
in which such lot is located.
Yard, Rear
That portion of the yard on the same
lot with the principal building but lo-
cated between the rear line of the build-
ing as said line is extended to the side
lot line on either side and the rear lot
line.
Yard, Side
The yard extending along the side
lot line between the front and rear
yards to a depth or width required by
setback regulations for the zoning dis-
trict in which such lot is located.
Yard, Front
A yard extending along the full
width of the front lot line between side
lot lines and extending from the abut-
ting front street right-of-way to depth
^equired in the setback regulations for
the zoning district in which such lot
s located.
iection VII: Board of Appeals
4. Appointment and Procedure
At the first regular meeting of the
`ouncil after the effective date of this
trdinance, and thereafter at the first
;ouncil meeting in each calendar year,
he Mayor shall appoint a Board of Ap-
>eals, to consist of not more than five
,nd not less than three residents of the
Village, and the Mayor shall appoint one
if such members as its chairman. Each
nember, including the chairman, shall
,e entitled to vote on all questions. Such
.ppointment shall be submitted to the
]ouncil and shall become effective upon
pproval of the Council by a majority
,ote of the entire Council. Vacancies
luring the calendar year shall be filled
�v the Mayor with approval by the
)ouncil in the same manner as set
orth herein.
1. Functions of the Board of Appeals
fThe Board of Appeals shall consider,
on reference from the Council, variances
under the Zoning Ordinance and shall
submit a report and recommendation
thereon simultaneously to the Planning
Commission and to the Village Council.
In addition the Board of Appeals shall
consider and advise the Council upon all
appeals from decisions of the Building
Inspector under the Building Code; all
ouestions of violation of Ord. No. 76,
as amended, the sign ordinance, and
such other matters as may be directly
-eferred to it by the Council.
C. Procedure and Organization
The Board of Appeals may establish
its own rules of procedure, which shall
not be inconsistent with or contrary to
the statutes of the State of Minnesota
or the ordinances of this Village. The
Board may appoint such further officers
as it deems necessary, including a vice
chairman and secretary.
The Board shall hold public hearings
as required by law, and may hold Pub.
lic hearings on such notice as it deems
necessary whenever it determines that
adjoining property owners or other res-
idents in the Village should be advised
of the proceedings or given an oppor-
tunity to appear thereafter.
The Board shall keep written records
of its minutes, its proceedings, and the
findings and determinations made by it
on all matters referred to it by the
Council or the Building Inspector.
All findings and determinations of
the Board of Appeals shall be advisory
to the Council and shall have no binding
effect. The Council may take such ac-
tion on the findings and recommenda-
tions of the Board of Appeals as it
deems proper in the circumstances.
Section VIII: Enforcement
A. Enforcing Officer and Penalty
This Ordinance shall be administered
by the Building Inspector and enforced
by the Village Council which may in-
stitute in the name of the Village any
appropriate actions or proceedings
against a violator as provided by law.
Any person, firm, corporation, or vol-
intary association which violates or re-
fuses to comply with any of the pro-
✓isions of this Ordinance shall be guilty
if a misdemeanor, and upon conviction
:hereof shall be subject to a fine of not
pore than one hundred dollars ($100.00)
`or every offense or to imprisonment
tot to exceed ninety (90) days. Each
lay that a violation is permitted to
-xist shall constitute a separate offense.
3. Building Permit and Fees Therefor.
Building permits and fees therefor
;hall be required as provided in the Vill-
ige Building Code.
Section IX: Ordinances Repeated.
The following ordinances are hereby
epealed:
Ordinances Nos. 18, 20, 31, 34, 36, 89.
0, 45, 46, and 48, 54, 57. 58. 60, 61,
6, 69, 70. 73. 80, 86, 90 and 91.
Iection X: Validity and Effective Date.
If any section, subsection, sentence,
lause, or phrase of this Ordinance is
or any reason held to be invalid, such
ecision shall not affect the validity of
he remaining portions of this Ordin-
nee.
This Ordinance shall become effective
Pon its adoption and publication ac-
ording to law.
Adopted this 10th day of April, 1967,
y the Village Council of the Village
f Arden Hills.
Robert Nethercut
Mayor
Attest:
Lorraine Stromquist
STATE OF MINNESOTA ' said land by the public generally, or to mated cost the same shall be paid to ly and legibly drawn. The size of the
COUNTY OF RAMSEY a -person or persons. the Village Treasurer in addition to the map shall not be less than 12 inches by
VILLAGE OF ARDEN HILLS i. "Minimum Subdivision Design Stand- fee mentioned in subparagraph b above, 18 inches. All subdivision maps shall be
ORDINANCE NO. 98 ards" are the guides, principles and to cover the cost of preparing and fil- drawn at a scale of 1 inch equals 100
p
AN ORDINANCE REGULATING THE specifications for the reparation of ing such revised assessment. feet, unless otherwise required by the
SUBDIVISION AND PLATTING OF subdivision plans indicating, among other 2. At its next regular meeting follow- Village Council.
LAND IN THE VILLAGE OF ARDEN things, the minimum and maximum ing the filing of such preliminary plan, The preliminary Plan shall contain the
HILLS, PROVIDING FOR THE IN- dimensions of the various elements set the Village Council shall; following information:
STALLATION OR GUARANTEE OF forth in the preliminary plan. a. Set a public hearing on the pre- (A) Identification And Description
INSTALLATION OF UTILITIES, j• "Owner" is any individual, firm, liminary plan, which hearing date shall I. Proposed name of subdivision, which
STREET PAVEMENTS AND OTHER association, syndicate, co -partnership, be not more than forty-five (45) days name shall not duplicate or be alike in
ESSENTIAL DEVELOPMENTS BY corporation, trust or any other legal after the date of such setting. The Vil- Pronunciation or deceptively similar to
THE SUBDIVIDER; PROVIDING FOR entity having sufficient proprietary in- ]age Council may authorize the Plan- the name of any plat theretofore record -
THE DEDICATION AND ACCEPT- terest in the land sought to be subdivid- ning Committee to conduct the hearing. ed in the County.
ANCE OF LAND FOR PUBLIC USE; ed to commence and maintain proceed- The Village Council shall cause notice 2. Location by section, town, range
PROVIDING FOR THE IMPOSING OF ings to subdivide the same under this of said hearing to be published in the or by other legal description.
PLAT APPROVAL FEES; PRESCRIB- ordinance. official Village newspaper at least five 3. Names and addresses of the owner,
ING PENALTIES FOR THE VIOLA- k. "Pedestrian Way" is the right -of- days Prior to the hearing. subdivider, surveyor and designer of
TION OF ITS PROVISIONS; AND RE- way across or within a block for use b. Refer two conies of the Preliminary the plan.
PEALING ORDINANCE NUMBER 59. by pedestrian traffic, whether designot- plan to the Planning Committee for its 4. Graphic scale.
THE VILLAGE OF ARDEN HILLS OR- ed as a pedestrian way, crosswalk or examination and report and one copy to 5. North -Point.
DAINS: however otherwise designated. the Village Engineer for his examina- 6. Dale o£
Section 1. Repeal of Ordinance No. 59. 1. "Person" is any individual, firm, tion and report. Co preparation.
P association, syndicate or partnership, the Village Engineer give t of 1. lindarug linCiie
off p a'
Ordinance Number G9 of the Village of $ given to 1. Boundary line of proposed subdivi-
Arden Hills, relating to the subdivision corporation, trust, or any other legal the Village Council and Planning Com- sion, clearly indicated.
and platting of ]and in the Village of entity. mittee at least ten (10) days prior to 2. Existingzonin
Arden Hills, is ,hereby repealed. in. "Planning Committee" is the per- the date of i, classifications.
public hearing. 3. Total approximate acreage..
son or persons designated by the Village 3. In the event the Council has
Section Purpose and Interpretation. Connell to advise it on planning mat- vided that the Public hearing shall be existing or Previously
and names of all
Each neww subdivision becomes a per- Y platted streets or
manent unit in the basic physical strut- tens' conducted ng the Planning Committee, other public ways, showing type, width
ture of the future community, a unit to arn. "Preliminary Plan" is the prelim- the Planning Committee shall make its and condition of improvements, if any,
which the future community will of nee- rnary map, drawing or chart indicat- report to the Village Council at the first railroad and utilit ri ht-
in the y o g spaces,
park-
essity be forced to adhere. Piecemeal g Proposed layout of the a Cou i- regular meeting of the Village Council and mild} public open ures, s erman-
sion to it submitted io the Village Coun- following such public hearing. and
buildings and structures, easements,
planning of such subdivisions, without col for its consideration. In the event the Council does not re- and section and corporate lines within
correlation to the Village Plan, will bring o "Protective Covenants" are con- fer the public hearing to the Planning the tract and to a distance of one hurt-
s disastrous disconnected patchwork of tracts entered into between private part- Committee, then the report of the Plan. deed feet beyond the tract.
plats and poor circulation of traffic. ies and constitute a restriction on the ning Committee shall be given to the 5. Location an
d si f existing sew -
In order that new subdivisions will con- use of all private property within a Village Council before the time set for ers, water mains, culverts or other under -
tribute toward an attractive, orderly, subdivision for the benefit of the prop- such public hearing. ground facilities within the tract and to
stable and wholesome community en- erty owners, and to provide mutual 4. The Village Council shall act on the a distance of one hundred feet beyond
vironment, adequate municipal services, protection against undesirable aspects of Preliminary plan by resolution a g the tract. Such data as grades of streets,
and safe streets, all subdivisions here- Pprovin
after platted within the incorporated dim- development which would tend to im. or adopting it within thirty (30) days invert elevations, and locations of catch pair• stability of values. after receipt of the report of the
its of the Village of Arden Hills shall, P. Setback Line, Building" plan- basins and manholes shall also be shown.
in all respects, fully comply with the reg- g" is a re- ning Committee, if the Planning Com- 6- Boundary lines of adjoining un-
quired open space on a lot, which space mittee is designated to conduct the subdivided or subdivided land within one
ulatios hereinatfer set forth in this pi pub- hundred feet, identifying y
ordinance. In their interpretation and is unoccupied and unobstructed by a do hearing. If the Planning Committee identif n b name and
structure from its lowest ground level does not conduct the ownership.
Application the provisions of this Ordi- to the sky, except as express] Public hearing, they graphic data, including con.
nonce shall be the minimum require- in this and other ordinances.y permitted resolution a withinthirty
take action as b tours at vertical in of not more
meats adopted for the protection of the q, "Streets and Alleys" the public hearing.y (30] days after than two feet, except that contour lines
public health, safety and general wel- 1. "Street" is a way for vehicular traf- If the report the Planning Com- shall be no more than one hundred
fare. fie, whether designated as a street, mittee has not been received within sev- feet apart. Water courses, marshes,
Section S. Scope. highway, thoroughfare, ,parkway, enty-five (75) days after referral of wooded areas rock outcro s, Power trans -
throughway, road, avenue, lane, place said matter to the PlanningCommittee, mission P p
Except is the case of a apply re -subdivision. Holes and lines, and other sig-
this Ordinance shall not apply to any or however otherwise designated. the Council may act on the preliminary nificant features shall also be shown.
lot or lots formiAg a Part of subdivision 1. a. "Collector Street" is a street plan without such report. (C) Subdivision Design Features.
,plats recorded in the office of the Reg- which carries traffic from minor 5. If the prelimjnary plan is not ap- 1. Layout of proposed streets, show-
i sterr of Deeds or Registrar of Titles streets to thoroughfares. It includes proved by the Village Council, the rea- ing right-of-way widths and proposed
prior to the effective date of this Ordi- the principal entrance streets of a sons for such action shall be recorded names of streets. The name of any street
Dance, nor is it intended by this Ordi- residential development and streets for in the Proceedings of the Council and heretofore used in Ramsey County shall
Hance to impair or interfere with exist- circulation within such a development. transmitted to the applicant. If the pre- not be used, unless the proposed street
ing provisions of other laws or "di. 1. b. "Cul-de-Sac" is a minor street liminary plan is approved, such approv- is an extension of an already -named
Dances except those specifically repeal- with only one outlet. al shall not constitute final acceptance street, in which event the name shall
ed by, or in conflict with, this Ordinance, 1. c. "Marginal Access Street" is a of the subdivision. be used.
or with private restrictions placed upon minor street which is parallel and ad- (B) Final Plat 2. Location and widths of proposed
pronerty by deed, covenant or other pri- jacent to a thoroughfare and which 1. The owner or subdivider shall file alleys, pedestrian ways and utilityease.
vote agreement, or with restrictive cove- provides access to abutting properties with the Village Clerk seven (7) copies meats.
nants running with the land to which and protection from through traffic. of the Final Plat nbt later than three 3. Typical cross -sections of proposed
the Village is a party; provided how- 1. d, Minor Street" is a street of lim- months after the date of approval of improvements upon streets and alleys, ed
ever, that such private restrictions or ited continuity used primarily {or ac-
restrictive covenants may impose strict- cess to the abutting properties and the the Preliminary .plan • otherwise, the gether with an indication of th
er requirements than established by this Preliminary plan and final Plat will is
posed storm water runoff. a Pro -
at needs of a neighborhood. considered void unless an extension is 4• Approximate center line gradients
Ordinance, but may not decrease the 1. e. "Street Width" is the shortest requested in writing by the subdivider of Proposed streets and alleys, if � any.
requirements imposed herein. distance between the lines delineating and for good cause 5. Location, size and approximate
the right-of-way of a street. granted by the subdivider
gradient of
In any case where the division of a ]age Council. The owner m subdivider nmany. sewer lines and
parcel of ]and into two or more lots I. f. "Thoroughfare" is a fast or heavy shall also submit at this time an up -to- water mains if and
or parcels for the purpose of transfer traffic street of considerable contaiu- date certified abstract of title or reg- 6. Layout identification numbers and
of ownership or building development ity and used primarily as a traffic istered propertyand such
other typical dimensions of blocks and lots.
does not come within the definition of artery for intercommunication among evidence as the Village Attorney may 7• Minimum front and side -street build.
subdivision as defined by this Ordinance, large areas.
a description of such land division shall 2. Alley" is a minor way which is require showing title or control in the 'rig setback ]ones, indicating dimensions.
applicant. 8. Areas, other than streets, alleys,
be filed with the Village Clerk who used primarily for vehicular service The final plat shall have incorporatedPedestrian ways and utility
shall submit copies of such division of access to the back or the side of .prop. therein all changes - intended to be dedicated or reserved for
land to the Village Engineer and the erties abutting on a street. B l or modifications all
Planning Commission. No building Per- r. "Subdivider" is an q
uier s the Village Council; in all public use, fnclntlacr the size of such
mit for such lots or parcels shall be is- d Person tom- other respects it shall conform to the area or areas in acres.
mencing proceedings under this Ordi- (D) Other Information•
sued until said description has been fil- preliminary plan. It may constitute only
Hance to effect a subdivision of land approved �prelimin- 1- Statement of the Proposed use of
ed with the Village. that portion of the
hereunder for himself or for another. ar lots stating type of residential buildings
y Plan which the subdivider proposes
Section 4. Definitions. s. "Subdivision" is the division of a to record and develop at the time, pro- with number of proposed dwelling units;
For the purpose of this Ordinance, the parcel of land into two or more lots or viderl that such portion conforms with type of business or industry so as to
following terms, Phrases, words and parcels, any of which resultant parcels all the requirements of this Ordinance. reveal the effect of the development on
their derivations shall have the mean- is less than five acres in area or is less 2. The Village Council shall consider traffic, fire hazards or congestion of
ing given in this section. When not in- than 300 feet in width. In addition 'sub- the final Plat officially filed after the 'Population.
consistent with the context, words used division" shall include the division of a Planning Committee, the Village Engin- 2. Proposed protective covenants, if
in the present tense include the future, parcel of land in such manner that any eer and the Village Attorney have ex- any'
words in the plural number include the of the resultant parcels have less than amined it and advised the Council that 3. Source of water supply.
singular number, and words in the sing- 20 feet thereof abutting on a public it is in proper form. 4. Provisions for sewage disposal,
ular numberinclude the plural number. right-of-way. The term "subdivision" 3. Within five (6) days after the final drainage and flood control.
The word "shall" is always mandatory includes re -subdivision and, when ap- plat is filed the Village Clerk shall re- 5. If any zoning changes are con,
and not merely directory. proDriate to the context, shall apply to far two copies of the final plat to the templated, the proposed zoning plan for
a. "Boulevard" is the portion of the the process of subdividing or to the land Planning Committee, one copy to the the areas, including dimensions.
street right-of-way between the curb subdivided. Village Engineer, and one copy to the 6. In the event lots in the proposed
line and the property line. The acquisition of land by any means Village Attorney and a copy each to the Plat are substantially fn excess of the
b. "Butt Lot" is a lot at the end of a for purposes of erecting or installing telephone and power and other utility minimum size required by zoning reg.
block and located between two corner utility lines, including underground gas companies. The abstract of title or i-eg- ulatapns, a Preliminary re -subdivision
lots. lines, overhead power lines, transmitting istered property report shall be referred plan shall be submitted showing a Apo.
c. "Village" is the Village of Arden towers, or similar utility sites, or ease- to the Village Attorney for his examin- tential and feasible way in which the
Hills ments shall be considered a subdivision ation and report. The Village Attorney's excess -size lot or lots may be re-sub-
d. "Village Council" is the 'Village when such utilities are designed to serve report shall be given to the Village divided in future years to permit more
Council of the Village of Arden Hills. more than one lot. Council within fifteen days. The reports intensive use of the ]and. .
c. "Village Plan" is a comprehensive Section 5. Procedure. of the Village Planning Committee and Section 7. Qualifications Governing Ali -
plan adopted by the Village Council in- (A) Preliminary Plan. Village Engineer shall also be given to proval Of Preliminary Plan.
dicating the general locations recom- 1. Before dividing any tract of land the Village Council within fifteen days. A. The Village Council may require
mended for the various functional class- into two or more lots or parcels, an The Village Council shall either ap- such changes or revisions as it deems
es of public works, places and structures, owner or subdivider shall, unless a var- prove or disapprove said final plat at necessary for the health, safety, general
and for the general Physical develop- lance is authorized, file with the Village its next regular meeting following re. welfare and convenience of the Village.
ment of the Village of Arden Hills, and Clerk: ceipt of such reports. B. The approval of a preliminary plan
includes any unit or part of such plan % Four copies of the preliminary plan. 4. If the final plat is approved by by the Village Council is tentative only,
separately adopted and any amendment b. A cash fee of $25.00 plus one dol- the Village Council, the subdivider shall involving merely the general acceptabil-
to such plan or parts thereof. lar ($1.00) for each lot up to a maximum record it with the County Register of ity of the layout as submitted.
f. Final Plat" is the final map, amount of $150.00. This fee will be Deeds or Registrar of Titles within sixty C. Subsequent approval win be re-
drawing or chart on which the subdivid- used for expenses of the Village in (60) days after the date of approval- quired of the engineering proposals per-
er's plan of subdivision is Presented to connection with approval or disapproval otherwise, the approval of the final plat taining to water supply, storm drainage,
the Village Council for approval and of said plan and any final plat which shall be considered void. In the event sewerage and sewage disposal, gas and
which, if approved, will be submitted to may thereafter be submitted. that the plat is disapproved, the grounds electric service, grading, gradients and
the County Register of Deeds or Regis- c. If the subdivider requests that any for such disapproval must be reported in roadway widths and the surfacing of
trar of Titles. I existing special assessments which have proceedings of the Village Council and streets by the Village Engineer, and
g. "Lot" is a parcel of land in a sub- been levied against the premises des- be duly transmitted to the appleant. other public officials having jurisdic-
division, or plat of land, distinguished cribed in the subdivision be divided and E The subdivider shall, immediately tion, prior to the approval of the final
from other Parcels by description as on allocated to the respective lots in the upon recording, furnish the Village Plat by the Village.
a subdivision or record-of-sudvey map subdivision plat, the Village Clerk shall Clerk with a tracing and three prints D. No plan will be approved for a
or by metes and bounds, for the purpose estimate the clerical cost of preparing of the final plat showing evidence of subdivision which covers an area sub.
of sale or lease or separate use there- the revised assessment roll, filing the the recording. ject to Periodic flooding or which con -
of. same with the county auditor, and mak- Section 6. Necessary Data For Pre- tains extremely poor drainage facilities
b. "Easement" is a right granted by ing such division and allocation, and up- liminary Plan. which would make adequate drainage of
an owner of land for the specific use of on approval by the council of such esti. The Preliminary Plan shall be clear. the streets and lots impossible, unless
the subdivider agrees to make improv
ments which will, in the opinion of t
Village Engineer, make the area completely safe for occupancy, and prowl
adequate street and lot drainage.
Section 8. Necessary -Data For Fin
Plat.
A. General. The final plat shall
prepared by a registered surveyor an
shall conform to all state and count
requirements and the requirements
Section 13 hereunder. All information r
quired on the preliminary plan, exec
that contained in Subdivision D of Se
tion 6 and topographic data and zonin
information, shall be accurately show
B. Additional Delineation.
1. The final plats shall include a
curate angular and lineal dimensions fo
all lines, angles, and curvatures use
to describe boundaries, streets, alley
easements, areas to be reserved for pub
lic use, and other important feature
Dimensions of lot lines shall be show
in feet and hundredths.
2. When lots are located on a evry
or when side lot lines are at angles oth
er than 90 degrees, the width at th
building setback line shall be shown.
S. All blocks shall be identified b
y
('G) Lots. j dividual homes. It is the announced Pol- 1. Location. All lots shall abut by icy of the Village that a central well sys-
their full frontage on a publicly dedi- tem for each new subdivision is favored
cated street or a street that has received on the basis of greater assurance of
legal status as such or will receive such public health, reliability of supply, eco-
status upon approval of the subject Plat. nomy in installation of purification
2. Size. The lot dimensions in subdivi- equipment if necessary, more effective
lions shall not be less than the min- fire fighting through hydrants, etc., and
imum dimensions required to secure probable lowered insurance and main -
the minimum lot area specified in the tenance costs to individual owners.
zoning ordinance of the Village of Ar- Accordingly, the Village strongly rec-
den Hills. ommends central deep well systems for
3. Butt 'Lots. Butt lots shall be platted subdivisions, with cost of equipment gro-
at least five feet wider than the aver- rated to -the number of parcels served and
age width of interior lots in the block. the equipment itself, including the well,
4. (Side Lot '•Lines. Side lines of lots PUMPS, tanks, etc., and the lateral feed -
shall be substantially at right angles ers as may .be appropriate, to be deeded
or radial to the street line. to the Village. A Pattern of such well
�5. Water Courses. Lots abutting upon systems, if developed over the years, will
a water course, drainage way. channel simplify and make more economical the
or stream shall have an additional depth construction of any future Village -wide
or width as required, to assure house water system.
Sites that are not subject to flooding. 3. 'Shall have deposited with the Vil-
-6. Features In the subdividing of any lage Clerk a sum equal to ,125% of the
land, due regard shall be shown for all estimated cost as determined by the
natural features, such as tree growth, Village Engineer of the following im-
water courses, historic spots or similar movements to he constructed and furn-
conditions, which if preserved will add ished within the subdivision, or shall
to the attractiveness of the proposed have given a Performance bond in the
development. same amount to the Village to cover the
7. Lot Remnants. All remnants of lots cost of said improvements. Said improve -
below minimum size left over after .ments shall be installed and �,omplsted
subdividing of a larger tract must be in accordance with the Plans and epe-
added to adjacent lots, rather than al- eifieations Prepared by the Village "En -
lowed to remain as unuseable parcels. gineer, and at the time of such ap-
8. Corner lots shall be platted at Proval of the final plat the Village
least ten (10) feet wider than the min- 'Council may insert a time limit for the
imum requirement for interior lots as completion of said improvements, and the
designated in the Zoning •Ordinances. Performance bond or deposit made by
9. Corner lot grading and street in- the owner or subdivider shall be in ac-
tersection grades shall be such that there cordance with such time limitation. Said
Shall be no blocking of vision at street improvements to be constructed and fin -
intersections over three feet in height ished by the owner or subdivider shall
above street pavement level within 16 include the following:
feet of intersecting street right-of-way a. Street Grading of the full width of
Lines. the right-of-way, including boulevard,
Section 10. Public Sites And Open and sidewalk benches of each street
Spaces. dedicated in the plat.
,(A)Drainage Channels. Where a pro- b. Street Surfacing
posed drainage channel shown in the b. 1 ,All streets shall be improved with
Village Plan is located in whole or in Pavements constructed to specification
part within a Proposed subdivision, the of the Village 'Engineer to over-a11 width
subdivider shall dedicate adequate space in accordance with the following mini.
for such purpose within the subdivision mum dimensions:
when the Village Council finds that the Type of Street Pavement Width
channel is reasonably necessary to the .(In between face of curbs)
public health and welfare. Thoroughfares As agreed upon with
:(B) Parks and 'Playgrounds. Where the Village Engineer
a Deposed park or playground shown Collector 38 feet
in the Village Plan is located in whole Minor and ,Cul-de-Sac 34 feet
or in part within a proposed subdivi- Marginal Access 28 feet
sion, the area of such proposed Park or b. 2 Pavements in cul-de-sac turna-
playground shall be designated as such rounds shall have a minimum outside
upon the preliminary plat and shall be diameter of 100 feet.
subdivided into lots. If the land in- c. 'Provide turf between pavement edge
eluded in the subdivision is appropri- and lot line.
ate .for residential uses, the Village d. Tree -Planting. Street trees shall
Council may require that the said area be planted no more than 85 feet apart
designated for parks or playgrounds be with a minimum of one Per lot. They
set aside and dedicated to the public for should preferably be planed six to twenty
public use as a park and playground, feet inside the Property line rather than
if such designated area does not exceed in the boulevard. The minimum size and
7% of the total area of the proposed type to be planted shall be as approved
subdivision. If such dedication is not re- by the Village Council.
luired, or if the designated area would e. Street Markers.
sxceed such 7%, the Village 'Council 613) It is hereby declared to be the
shall determine within a reasonable time policy of the Village to proceed as soon
ifter submission of She preliminary plat as Practicable after final approval of a
whether to acquire the area of the pro- subdivision Nat with installations with -
posed park or playground, or the area in the subdivision of such improvements
:xxeeding 7% of the proposed plat, by as may be determined to be necessary by
urchase or condemnation proceedings. the Village Council, such as central wells,
the Council may designate a portion of water mains, street grading, street sur-
:his area for park and playground pur- facing, sanitary and storm sewers, wa-
)oses up to the 7c/ limitation. ter pumping, and storage facilities and
In the event no part of the proposed hydrants. The Village Engineer shall be
;ubdivision is designated for park or directed to prepare Plans and specifica-
ilayground purposes in the Village Plan, tions for the same upon acceptance of
.he 'Council may still require the dedi- the final Plat and shall submit his recom-
eation of not more than 7% of the total mendations for such improvements, to-
ubdivision area for public Park and gether with estimated costs, to the Vil-
dayground purposes. If the Council de- lage 'Council. The Village Council may
ermines that no land in the Proposed authorize preparation of such plans and
ubdivision is suitable for such use, the specifications by an engineer employed
lounci] may require, as an equivalent by the subdivider at his sole expense and
ontribution by the subdivider, that the under the direction and subject to the
ubdivider pay to the 'Village $50.00 for approval of the Village (Engineer. Upon
ach lot created by the subdivision. Such acceptance of the final plat the Village
ash payments made to the Village by Council may commence assessment pro-
ubdividers shall be placed in a special cesdings for the furnishing and construe-
und by the Village and shall be used tion of said improvements within the
,y the Village only for the acquisition of subdivision, and may order such of said
and for parks and playgrounds. improvements as it deems expedient and
Section 11. Required Improvements. necessary.
(;A) No final plat shall be approved by The Village Council may authorize the
he Village Council unless the owner or execution of a contract between the Vil-
ubdivider: Inge and the subdivider requiring the
1. Shall have placed and installed sur- subdivider to furnish and to construct
ey monuments at all block corners, said improvements at the sole cost of the
ngle points, Points of curves in streets subdivider, in accordance with Plans and
nd at intermediate points as shown on specifications and usual contract condi-
ie final plat required by the Village tions approved by the 'Council, which
Ingineer; such monuments shall be cast shall include Provision for supervision of
•on, as approved by the Ramsey Coun- details of construction by the Village
Surveyor, and shall be set at each Engineer, and grant to the Village En-
xrner or angle on the outside bound- gineer authority to correlate the work
ry. Pipes or steel rods shall be placed to be done under said contract with oth-
t the corners of each lot and at each er improvements in the subdivision
rtersection of street centerlines. All which may be constructed by the Village
ited States, state, county, or other under contract with others. The sub-
tficial bench marks, monuments or tri- divider as contractor shall furnish a
regulation stations in or adjacent to the surety bond with penalty equal to 1,25
roperty shall be preserved in precise times the cost of the improvements to be
>sition, and made under the contract as estimated
2. Shall have determined the most by the Village Engineer, which bond will
!asible method of obtaining water for be in form required by statute for public
is subdivision, be in a Position to de- contractors bonds and will identify the
onstrate such feasibility to the satin- improvements and the time schedule for
fiction of the Village Council or such their completion.
�chnical agents as it may desig- (•C) When practicable and feasible and
ate, a d be willing and able needed for the general public welfare.
hontract with the Village the Village Council may require that all
is a condition of subdivision plat utilities be installed underground. All
)Prevail to produce the type of a- underground work shall be completed
r supply demonstrated most feasible for prior to street surfacing.
is subdivision; water may be provided (D) Sidewalks may be required along
individual house wells or by a system both sides of all streets; pedestrian
insisting of central well(s) and pump- ways shall be paved and fenced as ap-
g station(s) and piping to supply in- proved by the Village 'Council.
(E) 'Concrete curb and gutter shall be
required.
(F) Where on -site sanitary sewer fa-
cilities are proposed to be utilized, soil
Percolation tests shall be made with the
results presented to the Village Engi-
neer. The Engineer shall then present
a report thereon to the Village Council,
which may prohibit the use of individual
sewer systems, require larger lot sizes,
or otherwise act to .protect the public
health and welfare.
Section 12. Building Permit.
No building permit shall be issued for
the construction of any building, struc.
ture or improvement on any land re-
quired to be subdivided by this ordinance
until all requirements of this ordinance
have been fully complied with.
Section 13. Variances.
'(iA) Generally. The Village Council
may grant a variance from these regula-
tions following a finding that all of the
following conditions exist:
1. There are special circumstances or
conditions affecting said property such
that the strict application of the pro-
visions of this Ordinance would deprive
the applicant of the reasonable use of
his land.
2. The variance is necessary for the
Preservation and enjoyment of a sub.
stantial property right of the appli-
cant.
3. The granting of .the variance will
not be detrimental to the public welfare
or injurious to other property in the
territory in which said property is situ-
ated.
In making this finding the Council
shall consider the nature of the proposed
use of land and the existing use of land
in the vicinity, the number of persons to
reside or work in the proposed subdi-
vision and the probable effect of the pro.
Posed subdivision upon traffic conditions
in the vicinity. In granting a variance
as herein provided the -Council shall
prescribe only such conditions that it
deems desirable or necessary to the
Public interest.
I(B) The 'Council may also grant vari-
ances from the provisions of this or-
dinance in the case of a "Planned unit
development," provided the Council, upon
review and recommendations from the
Planning 'Committee, shall find that the
Proposed development is fully consistent
with the purpose and intent of this
Ordinance. A "planned unit development"
shall be considered any development
which consists of two or more principal
structures or uses on a single lot or
parcel of land for which a complete,
detailed plan has been submitted showing
all proposed structures, uses, traffic -
ways, sidewalks, landscaping, off-street
Parking, and other features and facilities.
The purpose of the "planned unit develop-
ment" provisions is to relate subdivision
regulations to similar provisions in the
zoning ordinance and to provide flexi-
bility for new development and design
trends.
•(IC) Applications Required. Applica-
tion for any such variance shall be in
writing by the subdivider at the time
when the preliminary plat is filed for
the consideration of the Village Coun-
cil• stating fully and clearly all facts
relied upon by the petitioner, and shall
be supplemented with maps. plans or
other additional data which may aid the
Village (Council in the analysis of the
Proposed project. The plans for such
development shall include such covenants,
restrictions or other legal provisions ne.
cessary to guarantee the full achieve-
ment of the plan.
Section 14. Copies of Plats.
Copies of all of such plats of sub-
divisions, after the same have been sub.
mitted and approved -as provided in this
ordinance, shall be filed and kept by
the Village Clerk among the records of
the Village of Arden Hills.
Section 15. Validity.
If any section, subsection, sentence,
clause or phrase of this ordinance is for
any reason held to be invalid, such de-
cision shall not affect the validity of
the remaining portions of this ordinance.
Section 16. Penalty For Violation.
A violation of the provisions of this
ordinance shall constitute a misdemeanor
and shall be punishable by a fine of up
to $100.00 or imprisonment up to a term
not to exceed 90 days.
Section 17. Effective Date.
This ordinance shall be in full force
and effect from and after its passage
and publication in the official Village
newspaper.
,Adopted by the Village Council of the
Village of Arden Hills this 27th day of
March, H167.
Robert E. Nethercut, Mayor
Attest:
Lorraine E. Stromquist
Administrative Clerk
New Brighton Bulletin April 6, 1967