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Home My WebLink About#213 Zoning Ordinance r ~ 4 ~ SMORENEw ~ I Q` { ` . . I I ' Arden B ,71 i-z R_1_ Hollis _ I o n i n Z g ~ . . . OrdInancc <v~~~~~:~- 213 - No. ; ~ . . ~ " ~ - - - B-1 - - r Districts _ ` r r~1 R- I Single Family Resl- ' dential District R-2 Single and Two Fa~ni IYEIJ~- Residential D{strict Townhouse and Low R-3 I te ~ i Density Mult P prel 1 ing Distrlct , R-4 Mulfiiple Dwel I Tng District B-I Limited 8ustness F - - - ' - : - , District B-2 Genera I Bus I ness District . ~ i-I Limited Industrisl District I-2 Genera! fndustriaf . District 6 L__ I I . , - I 'I , 1 Zaning DistrictMap CITY OF ~~--rW _g~2 ARDEN HILLS, MfNNESOTA - ~ , ~ / a ~~~r~ ~ -U,~ ~ I NEW BNiGMTOH ~ I`~ / I R Adopted Feb. 25, 1980 B Short, Elliott, Hendrickson, Inc. St. Paul, Minnesota - Chippewa Falls, Wisconsin e3 ~ ' ...-r..~~, ~~•Z B 2 _ _ , . . . ~ Page One ~ i . Arden Hills Zoning Ordinance STATE OF MINNESOTA B.. Rezonings ordinance or regulation impose greater resirictions COUNTYOFRAMSEY C. Special Use Permits ihan ihis Ordinance, the provisions of such statute, CITY OF ARDEN HILLS D. Variances other ordinance or regulation shall be conirolling. ORDINANCE N0.213 E. Site Plan Review D. Definitions AN ORDINANCE AMENDING ARDEN HILLS OR- F. Siruciure Relocation 1. Acre -A quantity of land containing 43,560 square DINANCE NUMBER 99, THE ZONING ORDINANCE, G. Planned Unit Development Permits feet or 160 square rods in whatever shape and patfern IN ITS ENTIRETY BY CODIFYING PRIOR AMEND- SECTION IX - BOARD OF APPEALS AND AD- (e.g. circular, square, iriangular, irregular, broad, or MENTS THERETO AND MAKING FURTHER JUSTMENT narrow). AMENDMENTS TO THE PROVISIONS A. Appoiniment 2. Acre, Net - One (1) acreof land, as finally built REGULATING THE USE OF LAND, THE LOCA710N B. OrganizaTion and Procedures upon, minus the following: AND THE USE OF BUILDINGS AND THE C. Powers Two-ihirds (2-3) of ihat poriion of the acre em ARRANGEMENT OF BUILDINGS ON LOTS IN THE SECTION X- NON-CONFORMING USES AND compassed wholly or partially by wetlands, lakes, CITY OF ARDEN HILLS,MINNESOTA: ADOPTING A STRUCTURES streams, potholes, swamps and marshlands; iwo-thirds ZOING MAP: ENACTING ADMINISTRATIVE A. InTent (2-3)ofihatportionofTheacreencompassingwhollyor PROCEDURE FOR ENFORCEMENT: REPEALING B. Unsafe Building or Siructure partially soil, the top seven (7) feet of which will not INCONSISTENT ORDINANCES: AND IMPOSINC, C. Consiruction Approved and Begun Prior to Ef- bear 1500 pounds per square foot; one-half (1/2) of ihai PENALTIES FOR VIOLATIQNS THEREOF. fective Date portion of the acre encompassing wholly or partially ZONINGORDINANCE INDEX D. Prohibited Activities; Non-Conforming Use hills, mounds, or slopes That drop aT a rate of Twelve PART I: E. Repairs, Maintenance and InTerior Remodeling, percent (12 perceni) or more per every fifteen (15) feet ESTABLISHMENT OF ORDINANCE Non-Conforming Use ormoreofdistance;andtheentireareaofsireets. SECTION I- TITLE, PURPOSE AND INTENT F. Restoration, Non-Conforming Use 3. AdminisiraTive Officer - The Zoning Ad- A. Title G. Disconiinuance of NorConforming Use minisirator, Building Inspector, iheir deputies or B. Purpose and InTeni H. Amortization of Non-Conforminq Use assisTants, and any other officials of the City charged SECTION 10 -RULES, SCOPE, INTERPRETATION I. Prohibited Activities; Non-Conforming Building withorengagediniheadministrationofihisOrdinance AND DEFINITIONS J. ResioraTlon; Non-Conforming Building or any porfion ihereof. A. Rules of Cons?ruction K. Consiruction of Single-Family Dwelling and Ac- 4. Administrator - The Zoning Administrator. B. Scope cessory Buildings on Non-Conforming Loi S. Agricultural Uses - Uses customarily associated C. InterpretaTion SECTION XI - SPECIAL PROVISIONS with the growing of farm produce and the raising of D. Definitions A. Mobile Home Parks farm animals for general use; but noi including SECTION I11 - MI NIMUM COMPLIANCE B. Swimming Pools livestock raising and feeding (feed lots), fur farms and REQUIREAAENTS C. Mining kennels. A. Compi iance with ihis Ordinance D. Soil Processing 6. Alteration-As applied To a bui Iding or sTructure, a B. Requirements not to be Reduced E. Land Reclamation change or rearrangemeni in the structural paris or in C. 7emporary Dwellings F. Signs the existing facilities, or an enlargement, whether by SECTION IW -ZONING MAP AND BOUNDARIES OF G. Massage, Sauna, Rap Parlors extending on a side or by increasing in height, or the ZONING DYSTRICTS SECTION XII - ENFORCEMENT moving from one location or position to another. A. Zoning Map A. Enforcing Officer 7. Alley -A minor public or private way which is used B. Boundaries oF Zoning Disiricis B. Fees primarily for vehicular service access to the back or C. Annexed Territory C. Violations and Penaliies side of a lot abutting on a sireet. D. Vacatfed Streets SECTION XI11 - EFFECTUATION B. Animals, Domestic - Common hou5eh01d pets, E. Zoninq and Comprehensive Development Plan A. Separability such as dogs and cats, or other animals kept for PART I1: B. Ordinances Repealed amusement, companionship, decoration or inierest. ZONING DISTRICTS AND REQUIREMENTS C. Effective Date 9. Animals, Farm - Cattle, horses, goa4s, sheep, SECTION - DISTRICT PROVISIONS swine, fowl, bees, fur bearing animals and similar A. Esfablishment of Disiricis The City Council of Arden Hills, Minnesota, ordains: animals normally associated with farming. B. Desigriation of Zoning Disiricis SECTION I- TITLE, PURPOSE AND INTENT 10. AparTment -Aroomorsuiteof rooms locaTed in a C. Permilted Principal Uses A. Title oneoriwo-familybuildingoramultipledwelling,which R -1 Sirngle Family Residential DisTrict This Ordinance shall be known, ciTed as and referred shall include a bath and kiichen accommodations, in- R-2 Single Family and Two-Family Residential to as the Arden Hills Zoning Ordinance except as tended or designed for use as an independent residence Disirict referred to herein where it shall be known as "ihis by a single family or individual. R-3 Townhouse and Low Density MulTiple Dwelling Ordinance." 11. Appeal - An application for the review of an or- Disirict B. Purposes and Intent der, requirement, decision, determination or in- R-a Multiple Dwelling DisSrid This Ordinance is enacted for the following purposes: terpretation of This Ordinance made by an ad- B-1 Limited Business Disirici 1. To promote the general public healih, safety, minisirative officer in the application and-or en- B-2 General Business DisiricT comfort and general welfare of the inhabitanis of the forcemenT of ihis Ordinance. L-1 Limited Industrial Disirict City of Arden Hills, Minnesota; 12. Basement - ThaT portion of a building between L-2 General IndusTrial District 2. To promote the character of and preserve and floor and ceiling, which is partiy below and partly above D. Purpose of Disiricts enhance the properties and areas within the City; grade buT so located ihat the vertical distance from E. Land Use Chart 3. To divide the Ci4y into zones or districis on the basis grade to the floor below is less ihan the vertical distance F. DisirirT Requiremenis of the use, location, construction, reconsiruction and from grade to ceiling. PART I I I: alteraTion of land and siructures for residence, business 13. Board - The Board of Appeals and Adjusiment GENERAL REGULATIONS and indusirial purposes; established by ihis Ordinance. SEC710N WI - GENERAL REGULATIONS 4. To provide adequate light, air, privacy and safety; 14. Boarding House - A building other ihan a hotel, A. Accessory Uses and Siructures 5. To prevent the overcrowding of land by undue where for compensation and by pre-arrangement for l. Time of Consiruction conceniration of population; definite periods, lodging and meals are provided for 2. Height 6. To promote the proper use of land and siructures; ihree (3) or more persons, but not exceeding five (5) 3. Location 7. To fix reasonable standards to which buildings, persons. 4. Home Occupation structures and land shall conform for the benefit of all; 15. Boulevard -That portion of a sireet lying between 5. Accessory Retail Sales B. To prohibit the use of buildings, siructures and the lateral line of the roadway portion thereof (i.e., the 6. Number in Residential Disiricts lands That are compatible with the iniended use or back of the curb or curb line) and the right-of-way line 7. Size oi Certain Accessory STructures development of lands within the specified zones; fhereof which may contain wiThin its boundaries a B. Exemptions to the Minimum Requiremenis 9. To promote the safe and efficient movement of sidewalk or portion of driveway. 1. Seibacks people and goods; 16. Buildable Area - The space remaining on a lot 2. Perrnitted Encroachmenis 10. To facilitaTe the provisions of public services; after the minimum open space and setback 3. Height 11. To limit congestion in the public sireets and requiremenis of This Ordinance have been met. C. Additional Minimum Requiremenis for Drive-In protect the public healih and welfare by providing for 17. Building Inspector - The term "building in- Businesses, Fast Food Restaurants and Automobile the off-streei parking of vehicles and vehide loading spector" as used in This Ordinance shall mean the Service STations areas; building inspector provided for in the Building Code. 1. Location of Drive-In Businesses and Fast Food 12. To protect againsT fire, explosion, noxious fumes, 18. Bulk - The term used to indicate the size and Restaurant, offensive noise, vibration, dust, odor, heat, glare, oTher setbacks of buildings or siructures and location of same 2. Stanclards for Drive-In Businesses and Fast Food pollution and hazards inthe interestof the public healih, wiTh respect to one another and includes the following: Restauranis comfort and general welfare; and a. Size and height of buildings or siructures; D. Areas WiThout Sanitary Sewer 13. To define and limit the powers and duties of the b. Location of exterior walis at all levels in relation to E. Desigri Standards administrative officers and bodies provided for herein. lotlines,sireetsortootherbuildingsorstructures; 1. Off-Public Sireet Parking SECTION II - RULES, SCOPE, INTERPREATION c. Gross floor area of buildings or siructures in 2. Landscaping-Planting AND DEFINITIONS relation to lot area (floor area ratio); 3. Drainage A. Rules of ConsTrucTion d. AIl open spaces allocated to buildings or siruc- 4. Off-Street Loading The language seT torih in the text of ihis Ordinance tures; and 5. Lighting shall be interpreted in accordance wiih the following e. Amount of lot area per dwelling unit. 6. Access Drives rules of construction: 19. Bulk Materials - Uncontained solid maTter such 7. Fences, Walls and Hedges 1. The singular number includes the plural and the as powder, grain, stone, sand, sulphur, etc., ihat has a 8. Screening plural includes the singular. Tendency To become airborne. 9. ExTerior Storage 2. The present tense includes the past and future 20. Building - A siructure which is designed and 10. BuIM. Liquid STorage tenses and the future includes the preseni. suitableforihe habitation or shelter of human beings or 71. Traffic Conirol 3. The word "shall" is mandatory while the word animals, orihe sheiter or siorege of property, or is used 12. Resirictions on Location of Non-Residential "may" is permissive. for irade or manufacture, Jses in Residential Disiricis 4. Tha masculine gender indudes the feminine and 27. guilding,Accessory - ASUbordinatebuilding,ihe 13. Aesihetics neuTer. use of which is incidental to that of the principal F. Performance STandards 5. All measured distances expressed shall be to ihe building or use of the lot. 1. Main7enance nearesiTenthofafootandiTSmetricequivalent. 22. Building, Principal - A builtling in which the 2 Refuse 6. The word "lot" shall indude the words "plot", principal use of the loT on which it is iocated is con- 3. Vehicle Parking "piece" and "parcei" of land. ducted. 4. Exterior Storage 7. The words "used for" shall include the phrases 23. Building Height - The vertical distance above 5. Elecirical and Radiation Emissions "arranged for", "designed tor", "intended for", gradeasdefinedhereintofhehighesippintofihecoping 6. Emisfsion or Creation of Noise, Odors, Vibrations, "improved for", "maintained for" and "occupied for." of a flaT roof or the decline of a mansard roof or to the Glare, Smoke, HeaT, Toxic or Noxious Fumes B. Scope average heighT of the highest gable of a pitched or 7. Proximity of Residential Dwellings to Freeway From and afTer the effective date of This Ordinance, hipped roof. The measurement may be taken from the 8. Lake Front Lots the use of all land and every structure, building or highest adjoining sidewalk or 9round surface wiThin a 9. Animals portion of a building erected, altered with respect to five (5) fooi horizontal distance of the exterior wall of 10. Site Grading heighi and area, added to or relocated, and every use the building, when such sidewalk or ground surface is G. vehir.ular Circulafion Requiremenis within a building or use accessory ihereTo, in ihe City of not more ihan ten (10) feet above grade. The height of a 1. Traffic and Circulation Arden Hills, shall be in conformity with the provisions of sTepped or terraced building is the maximum height of 2. On-Sil,-e Parking Facility ihis Ordinance. Any existing siructure and any existing any segmenf of the building. 3. Driveway Widihs use of land not in conformity wiih the regulations herein 24. Business - Any occupation, employmen4 or en- 4. Mininium Driveway Angle to Public Sireet prescribed shall be regarded as non-conforming uses or terprise wherein merchandise is exhibited and sold, or 5. Minimum DisTance of Driveway from Sireet In- siruciures. which occupies time, aTtention, labor and materials, or tersections This Ordinance does not abro9ate any easement, whereby services are offered for compensation. PAR7 IV: covenant, or anyofher private agreement where such is 25. Clubs and Lodges- Buildings and facilities owned ADMINISTRATION AND PROCEDURES legally enforceable provided ihat where the regulations and operated by a corporation or association of persons SECTION VII - SPECIAL PRINCIPAL USES of This Ordinanca are more restrictive (or impose for social, recreatipnal, charitable, educational or A. Purpose and Intent higher standards or requiremenTS) ihan such cultural purposes, but not operated primarily for profit B. General Criteria easements, covenanis, or other private agreemenis, the or for purposes which are cusTomarily associated with a C. Imposition of Conditions: Violations Thereof requiremenis of ihis Ordinance shall govern. business. D. Chanqes in Specially Permitted Use C. InterpretaTion 26. Commercial Recreation - Recreational facilities E. Automatic ExpiraTion In interpreting and applying the provisions of ihis which are operated for profit or render a service which F. IssLaiice of Building Permii Before Special Use Ordinance, they shall be heltl To be the minimum is cusTOmarily considered as a business. Permit Prohibited requirements for the promotion of the public health, 27. Commission - The Planning Commission as G. Special Uses safeTy, convenience and general welfare. Where the esiablished by the Code of Ordinances, City of Arden H. Medium and High Density Residential Uses provisions of ihis Ordinance impose 9reater resfric- Hilis, Chapier 20. SEC7lON VIII - ADMINISTRATION AND tions ihan ihose oi any sTatuTe, other ordinance or 28. Comprehensive Plan - A compilation of policy PROCEDURES regulaTion, the provisions of this Ordinance shall be staTemenis, 9oals, stantlards and maps for guiding the A. Amendmenis conirolling. Where the provisions of any statute, other physical, social and economic development, boTh Page Two Ordinance 213 (continued) 55. Garage, Truck - A building which is useq or in- or more and removal inereot trom the siTe. tended to be used for the storage of motor irucks, truck 85. Mobile Home - Any type of Yransportable private and public, of the ciTy and its environs antl may ?railers, tractor5 and commercial vehicles exceeding sirucTUre or vehicle not drawn by its own power with include, but is not limited to, the following; statemenis one-ton rated capacity. permanenTly atfached undercarriage and wheels which of policies, goals, standards, a land use plan, a com- 56. Grade - The lowesi point of elevation of the is designetl, consiructed, and equipped for use as a munity facilities plan, a iransportation plan, and finished surface of the ground, paving or sidewalk single family dwelling place, living abode, or living recommendations for plah execuTion. within the area beTween the building and the property quarters, suitable for occupancy during the entire year, 29. Council The City Council. line, or when the properiy line is more ihan five (S) teet which contains the same water supply, waste disposal, 30. Day Care Facility and Residential Facility- Day from the building, beiween the building and a line five and elecirical conveniences as immobile housing. It is Care Facility means any facility, public or private, f5) feet from the building. ihe intention of the Council ihat ihis definition shall which for gain or otherwise regularly provides one or 57. High Water Mark -Means a mark delineating the include "mobile homes" as defined in Sec. 327.14, Subd. more persons with care, fraining, supervision, highest water level which has been maintained for a 2 of Minnesota StaTUtes Annotated. habilitation, rehabilitation, or developmental guidance sufficient period of time to leave evidence upon the 86. Mobile Home Park - Any premi5es on which areon a regular basis, for periods of less ihan 24 hours per landscape. The normal high water mark is commonly parked iwo or more occupied mobife homes, excluding day, in a place other than the person's own home, in- ihai poinT where the naTUral vegetation changes from premisesonwhich mobile homes are sold for removal to clutling bui not limited to fam'rly day care homes, group Predominantly aquatic to pretlominantly Terresirial. another site. family day care homes, day care cenTers, day nurv 58. Home Occupation - An accessory use of a 87. Non-Conforming Building - q building lawfully serres, nursery schools, tlaytime activity centers, day resideniial siructure for any gainful occupation or existing as of the effective date of the adoption of ihis treatment programs and tlay services. profession which (7) is engaged in by an occupani of the Ordinance, or amendment hereto, which untler the ResidenTial Facilily means any facility, public or Premises, (2) is, in respect To the residential site, provisions of ihis Ordinance could noi be built because private, which for gain or otherwise regularly provides conducted entirely wiThin the dwelling, (3) does not ot resirictions on height, selbacks, yards, loi coverage, one or more persons with a 24 hour per day substitute occupy more ihan 33 percent of the gross floor area of floor area ratio, or other characieristics of the building for care,food, lodging, irainin9, education, supervision, the dwelling, (4) does noi require any special entrance or its locationon the lotwhere it exisis. habilitation, rehabiliTation, and TreatmenT ihey need, into the sirucTUre, and (5) has no exTerior evidence of 88. Non-Conforming Use - A building, siructure or buT which for any reason cannot be furnished in the ihe accessory use. Any aciivity resulting in traffic, use of a building, structure or parcel of land, or a por- person's own home, including but not limited to, state noise, light, fumes, and odors to such an extent thai it is tion Thereof, lawfully exisiing as of the effective date of insiitutions under the conTrol of the Commissioner of noticeable ihai the properiy is being used for non- the adoption of ihis Ordinance or amendment hereto - Public Welfare, foster homes, resideniial ireaiment residenTial purposes shall not constitute a home oc- as a matier of right or by permit - which is not per- centers, maternity sheliers, group homes, residential cupatioh_ mitted in the zoning disirict inwhich it is located. programs, or schools for handicapped children. 59. Hotel-Motel - Any building, or group of buildings, 89. Nursery - Any land used to raise irees, shrubs, 37. Density- The number of dwelling uniis permitted having six (6) or more guesT rooms intended or designed flowers, antl other live planis for sale and commerce. by this Ordinance on one (1) acre (i.e.43,%Osquarefeet to be rented or hired out to be occupied, or which are 90. MulTi-Purpose 8uilqing - See Use, Principal. oF land). occupied for sleeping purposes by guesis. 91. Oflice(s) - A room, suite of rooms, or a building 32. Density, NeT - The number of dwelling units 60. Houses of Worship - A building, together with its containing rooms or suites of rooms in which persons permitted by ihis Ordinance on one (1) net acre of land. accessory buildings and uses, where persons regularly conduct commercial activities, provide professional 33. DensiTy Transfer-The relocationof housing units assemble for religious worship, services, or carry on occupations and where goods are orsquarefootageofbuildingareacomputedononepari 61. Industry - Uses such as the manufacturing, not stored, protluced, sold ai reTail or repaired, in- of a building site to another part of the site resulting in compounding, processing, packaging, treatment, cluding but not limifed to the tollowing: financial in- an increase in density to the transfer area for the assem6ling,orwarehousingorproducisandmaterials. stiTUtions, executive and adminisTrative offices, purpose of preserving open space,forested areas, en- 62.Institutional Housing - Siudeniorfaculiy housing business offices such as insurance, real esfafe, sales vironmenTal or Terrain features deemed worihy of for four (q) or more persons on rental basis, rest home, antl similar offices, professional offices such as offices preservation by the Planning Commission and Council, hospital, sanitorium, nursing home, convalescent home, of engineers, surveyors, archiTects, accounianis, at- 34. Density Zoning - Density Zoning shall be in- orPhan home. torneys and bookkeepers and similar offices bui ex- terpreted as the provision of loT areas smaller than the 63. Junk Yard - An open area where waste, used or cluding medical clinics. minimum requirement of this Ordinance under con- second-hand materials are bought, sold, exchan9ed, 92. Olf-sTreet Parking Areas - SirucTUres or areas of ditionswherebyihetotalnumberofdwellingunitsisnof stored, baled, packed, disassembled or handletl. In- ground used for the stora9e or parking of motOr greater ihan the amount permitted under normal cluding, but not limited to, scrap iron antl other metals, vehicles. conditions. paper, rags, rubber, tires, and boitles, A junk yard 93.OpenSalesLot-Anylanqusedoroccupiedforthe 35, Dog Kennel - A siructure specifically designeq includes a motor vehicle wrecking yard buT does not purposes of buying and selling any goods, materials, or and used for the harboring of ihree (3) or more dogs that include uses esiabl ished entirely within enclosed merchandise and for the storing of same under the open are more Than six (6) monihs old. buildings. sky prior to sale. 36. Drive-In Business - Any business establishment 64. Land ReclamaTion - The deposition of 400 cubic 94. Open Space - An unoccupied space open to the offering To cusTomers a service or commodities such as, Yards or more of earth materials on a site. sky. for example but noTby way of limitation, prepared food, 65. Landscaping - Plantings such as trees, grass, 95. Parking Space - A land area of not less Than iwo beverages, and dairy producis, eiTher collectively or shrubs. hundred (200) square feet, exclusive of driveways and individually, which is primarily or exclusively laid oui, 66. Loading Areas - Any area where trucks are aisles, of such shape and dimensions and so prepared as designed, equipped and operated so as to allow its maneuvered and parked, for the purposes of loading or to be usable for the parking of a motor vehicle, and so customers to purchase, receive and consume (if ap- unloading producis, materials or equipment, located as To be readily accessible to a public sireet or plicable) such service orcommoditieswithouihavingto 67. Lotlging House - A building where lodging is alley. Truck loading and unloadin9 space shall not be enter the builtling on the premises of the establishment Provided for compensation to more than five (S) persons includetl in such area. and usually while remaining in iheir automobiles. By in conTradistinciion To hotels open to iransienis. 96. Pafhway, Pedesirian Way - A public or private way of illusiration, but without IimitaTion, drive-in 68. Lot Area per Family - The lot area per famity is way, running across or locateq within a plaited lot or businesses include the foilowing: drive-in restaurants the lot area required by ihis Ordinance to be provided block or an unplaTTed parcel of land, used primarily for or cafes, drive-in theaters, drive-in banks, drive-in for each family in a dwelling. pedesirian traffic. liquor siores, and drive-in laundry or dry cleaning 69. LoL Corner- A Iot situated at and abutting on the 97. Person - Any inaividual, firm, parinership, esTablishmenis. intersedion of iwo (2) or more sTreets having an angle corporation, company, associafion, joini stock Grocery stores, confectionary stores, drug stores, or of intersection of not more ihan 135 degrees. A lot association or body politic; includes any Trustee, resiauranis which offer "take home" food services as abutting upon a curve streef shall be deemed a corner receiver, assignee, or other similar represenTative an incidenfal parT of their business shall noi be con- loTifthe tangentsto the curve afits poinis of beginning Thereof. sidered drive-in businesses, within the lof or at the poinis of inierseciion of the side 98. Personal Services - Services customarily ren- It is recognized That automobile service stations are loT lines with the sTreet line inTersect at the interior dered for compensation in a building where stock in drive-in businesses within the meanin9 of the fore9oing angle of less ihan 135 degrees. A corner lot shall irade is neither siored on the premises nor sold over the general definition, but They are excluded from the maintain front yard requiremenis for each sireet counter at retail, including such services as apparel definition as used herein since ihey are treated and frontage. repair, alteration and cleaning; hair styling, irimming defined separately in ihis Ordinance. 70. Lot Coverage - The total allowable amount of lot and cuTting; beauty services; phoTographic services; 37. Dwelling - A building, or portion ihereof, area, expressed as a percentage, which may be covered and other services of a similar nature. designed or used exclusively for human habitation, and by a principal use and its accessory structures. 99. Planned Unit DevelopmenT - The development of consisfing of one or more dwelling uniis. Lof Depth - The mean horizontal distance bet- a iract of land in a unified manner, pursuant To a 38. Dwelling, Multiple-family-A dwelling containing `^'een the mean front road and the mean rear lot line. development plan specifically approved by the Cify. three (3) or more attached dwelling units which have The greater frontage of a corner lot is its depth, and iTs 100. Public Uses - The use of any lot, parcel of land access to the outside ihrough a common hall or poinT of lesser frontage is its widih. and any siruciure or building ihereon exclusively for eniry. 72. Lot Line- A properTy boundary line of any lot held public purposes by any department or branch of 39. Owelling, Single Family - A dwelling consisTing in single or separate ownership or separatety 9overnmeni- federal, s1aTe, county or Gity, excluding of one (1) dwelling unit. described; except ihaT where any portion of the lot independent school disiricts, without reference To the 40.Dwelling,TwoFamily-Adwellingconsistingof exTendsintoTheabutTingsTreetoralley,fheloflineshall ownership of said lot, parcel of land, building or Two (2) dwelling uniTS. bedeemediobeThestreetoralleyline. sTructure. 41. Dwelling UniT - One or more rooms which are 73. LoT Line, Front - The boundary of a lot abutting a 707. Public Waters - Means a body of water capable arranged and designed as living quarTers for one (1) sfreeT. On a corner lot, the shortest street lot line shall of subsTantial beneficial public use. This shall be com family equipped with complete cookin9, bathing, toileY, be the froni loi line. sTrued to mean, for the purposes of ihese regulations, sleeping and heating facilities, but excluding mobile 74. LoT Line, Rear -The lot line most nearly parallel any body of waterwhich has The potential to support any - homes. to and mosi remote from the frani lot line. type of recreational pursuiT or water supply purpose. A 42. Dwelling Unit, Attachetl - A dwelling uniTwhich is 75. LoT Line, Sitle- LoT lines other than front or rear body of water creaTed 6y a private user where ihere was joined to one or more ofher dwelling units. IoT lines. no previous shoreland, as defined herein, for a 43. Dwelling Unit, DeTached - A dwelling unit which 76. Lot, Interior - A lot other Than a corner or designated private use authorized by the Commissioner is noi joined to any other dwelling uniT, and is located on reversed corner lot, of Natural Resources shal I be exempt. a separate lot with the strucTUre surrounded by open 77. Lot, Reversetl Corner A corner lot,the rear of 102. Railroad Right-of-way - A sTrip of land with space and having a separaTe point of eniry. which abuTS upon the side of another lot whether across iracks and auxiliary facilities for irack operation, but 44. Earih Sheltered Home - A dwelling consiructed an alley or not. noT induding depois, loading plaYforms, station, train so ihat 50 percent, or more, of ihe exterior surface of the 78. Lot (Of Record) - A parcel of land described by sheds, warehouses, car shops, car yards, locomotive completed building, excluding garages or oiher ac- metes and bounds measurements, reference fo a shops, or water tower5. cessory buildings, is covered with or bears against Registered Land Survey or plat, or other means and 103. Research- The use of any lot, parcel of land and earih. separated from other parcels or poriions by said any structure or building located Thereon for the pur- 45. Easement - A right or privilege in favor of a description, as of ihe effective date of this Ordinance or poses of studying or investigating facis not readily person or a governmental authority To usz a parcel of approved by ihe City as a loi subsequeni to such date, available, such as, for example, medical, chemical, land or portion Thereof for a specific purpose, and which is occupied by or, under ihis Ordinance and elecirical, metalWrgical, or oiher scieniific research 46. Electronic Towers - A sTructure which fs htgher other applicable Ordinances, is suitable for occupancy buT excluding the manufaciure or processing of in elevation than its diameter, and is used for iran- bY one (U principal building or used together WiTh any materials or goods for sale. Research with animals smission, relay or emission of electronic waves. accessory buildings or usesand such open spaces as are considered a separate category. 47. Exterior Storage - The storage of goods, required by ihis Ordinance. 104. ResideMial Recreatian Uses - Play apparatus materials, equipment, manufaciured products and 79. Lot, Through - A loT which has a pair of opposite such as swing sets and slides, sandboxes, poles for nets, similar items noT fully enclosed by a bui Iding. lot lines abutting iwo substantially parallel sTreets, and ptcNc tabies, lawn chairs, barbecue siands, and simiiar 48. Family - An individual, or iwo or more persons which is r.oT a corner lot. On a Through lot boih streeT equipment or siructures but not including electronic related by blood, marriage or adoption living together lines shall befront lot linesfor purposesof applying ihis Towers, iree houses, swimming pools, playhouses ex- as a single householtl unit; or a group of persons living Ordinance. ceeding twenty-five (25) square feeT of floor area, or Together as a single housekeeping uniT. 80. Lot Widih - 7he mean horizontal disYance bet- sheds utilized for storage of equipment. 49_ Floor Area - The sum of the gross horizontal area Ween the side IoT lines at the front set-back line. 105. Rest Home - A private home for the care of the of the several floors o( a building measured from the 81. Manufacturing and Processin9- All uses which aged or infirm or placeof rest for those suffering bodily, exierior walls, induding basemenis and attached ao include the compounding, processing, packa9ing, mental or emotional disorders. Such a home does noT cessory buildings. treatment, or assembly of producis and materials. coniainequipmeniforsurgicafcareorforiheireaiment 50. Floor Area, Habitable - Floor area as de(ined Generally, ihese are indusiries dependeni upon raw of disease or injury, nor does it include maternity, care above, excluding all areas occupied by cellars, garages, materials refined elsewhere. Such uses include but are for mental illnesses or infirmiTies; indudes nursing porches, atfics, stairways and storage, utility and not limited to the following: lumber yard; machine home. heating rooms. shops; products assembly; sheet metal shops; plasiics; 106. Restaurant A business esTablishment whose 51.FIOOrAreaRatio-7heratioobTainedbydividing electronics; general vehide repair; body work and principalbusinessisThepreparation,serviceandsaleof the sum of a building's floor area by the amouni of loi painiing; coniractors' shops and storage yard; food and food and beverages to be consumed by customers while area. non-alcoholic beverages; signs and displays; prinTing; seated attables or counTers bcated wiihin the building 52.Frontage-Theuninterrupiedfroniboundaryline publishing; fabricafed metal paris; appliances; onThepremises. of a lot, or the leng}h of such line, which abuts on a cloThing; textiles; used auto parts. 707. 2estauranL Fast Food - Any restaurant which sireet. 82. Medical Clinic-Abuilding, structure or premises meets a number of the following requiremenis: 53. Garage, Private - An accessory building or in or on which physicians, dentisis, chiropractors, Customarily provides quick service of food and-or portion of the principal building which is inTended and osteopaihs antl the like diagnose and ireat the ills of beverages to iTs customers; offers to iTS cusTOmers a used for the storage of the private passenger vehicles of iheir paTienis, excluding hospitals. limited, standardized menu of inexpensive food and-or the family or families who resitle upon the loT upon 83. Metes and Bounds - A method of property beverages; serves its customers from a counTer located which the same is located. descriptian utilizing directions and distances com- within the building on the premises and does not 54. Garage, Repair - A building or space for the mencing hom and Terminating at an easily identifiable customarily offer service at the table by waiter or repair or maintenance of motor vehicles but not in- point. WaiTressiheir orders offood and-or beverages at tables duding factory assembly of such vehicles, auto 84. Mining - The exiraction of sand, gravel or other or counters wiThin the buildin9, in iheir automobiles wrecking establishmenfs, or junk yards. material from the land in the amount of 400 cubic yards parked on the premises, or away from the premises as the customers choose; packages and serves a sub- Page Three Ordinance 213 (continued) 125. Structure, Accessory - A deTached, subordinate C. Annexed Territory sTructure, the use of which is incidental and related to A building moratorium shall apply, not to exceed the staniial proporTion of its food and-or beverages in thaT of the principal use of or principal siructure on the time permitted by State Statute, to any territory an- disposable wrappers, containers, cartons, boxes a n d lot on which it is located. nexed to ihe City, until such time as a detailed study by bags; provides a number of Trash, IitTer, or garbage 126. SirucTUre, Principal - The predominant struc- the Planning Commission has taken place as to the cansin the parking areas and within the building on the ture upon a lot in which the principal use of the lot is proper zoning for the property newly acquired. premises for the deposit of the disposable packaging in conducted. Following such sTudy the City shall proceed to zone the which the food and-or beverages are provided; prepares 127. Townhouse - A single family dwelling which property in accord with the procedures prescribed by and cooks a substantial proportion of iTS food in volume, maintains private ingress and egress, contains no in- ihis Ordinance for "Rezoning." in advance of orders by customers, and usually in an- dependent dwellings above or below itand isattached To D. Vacated STreets ticipation of predicTed volumes of customers at certain other similar dwellings by a common wall. Whenever any public street is vacated by official times of the day; specifies the items of food and-or 128. Use- The purpose for which land or premises or action, the zoning disiricis abutting the centerline of beverage offered To customers on signs, placards, a building thereon is designated, arranged or intended, said vacated sireet shall not be affected by such action. posTers, valances, or boards posted in conspicuous or for which it is or may be occupied or mainiained. E. Zoning and the Comprehensive Development Plan places throughout the building rather than on printed 129. Use, Accessory - A use which isincidentaltothe Any change in zoning by the Council shall menus given to the customers; and generates a high Principal use of the lot on which it is maintained or automatically amend the Comprehensive Development volume and rapid flow of inandouTirafficbecauseof its conducTed. Plan in accordance with the said Zoning. quick service mode of operation. 130. Use, Principal - The primary or predominant SECTION V- DISTRtCT PROVISIONS 108. Restaurant, Drive-in - See drive-in business. use for which the lot and sTructure, if any, lowted A. Establishment of Disiricis 109.ReTailSales-Sioresandshopsselling,rentingor thereon is conducted or mainiained. The zoning disiricTs designated herein are hereby leasing 9oods for uses away from the point of sale. In- 131. Used Auto Parts - The processing, storage, and esTablished so as to assist the City in carrying ouT the cludes the following: anTiques, arT and school supplies, sale of second-hand or used automobile or oTher vehicle intenT and purpose of its Comprehensive Development auto accessories, bakeries, bicycles (not motorized), Paris. Plan for the CiTy and to conirol residential densities in books and sTationery, candy, camera and 132. Utility Sub-sTaTion - A siructure used for the such a manner as to provide adequate public services photographical supplies, carpeTS and rugs, china and relay or disiribution of eleciric, water, sewer, and utilities. glassware, clothing and costume rental, custom telephone, etc., services. B. Designation ot Zoning Districts dressmaking, depariment stores, drugs, drygoods, 133. Utility Disiribution Lines - The disiribution For the purposes of ihis Ordinance the City of Arden electrical and household appliances, sales and repair, facilities of eleciric power, gas, water and com- Hills is hereby divided into the following Zoning florist, food, furniture, furrier shops, garden supplies munication companies which directly serve abutting DisTricis: (year round operation only), gifis, hardware, hats, Properties. R-1 Single.Family Residential DistricT hobby shops, Interior decorating, lewelry, IeaTher goods 134. Utility Transmission Lines The Transmission R-2 Single and Two Family Residential Disirict and luggage, locksmith shops, musical insirumenis, facilities of electric power and communication com- R-3 Townhouse and Low Density Multiple Dwelling office supply equipmenT, optometrisis, paint and Panies which do not directly serve abutting properties. Disirict wallpaper, phonograph records, shoes, sporting goods, 135. UtiliTy Vehicles - A vehicle, wiTh or without a R-4 Multiple Dwelling Disirict tobacco, toys, variety stores, wearing apparel, and motor, and-or adapted for temporary living, sleeping, B-1 Limited Business Districi similar type uses. business or storage purposes, having a frame, but no B-2 General Business Disirict 110. Roadway - The entirety of a privaTe sireet and foundaTion oTher ihan wheels, blocks, studs, iacks, I-1 Limited Industrial DisTrict ihat portion of a public sireeT extending from the back of horses or skiriing, which does not reach or meet I-2 General Indusiriai DisiricT the curb (i.e. the curb line) on one side To the back of the building code requiremenis and has been or may be C. Permitted Principal Uses curb (i.e. the curb line) on Theother side, used primarily equipped with wheels or other devices for iransporting Certain principal usesfor each zoning disirict shall be for vehicular traffic. purposes. This term shall include iravel irailers, - permitted as a matter of right to be located on a site in camping Trailers, Tent irailers, recreation vehicles and ihat zoning disTrict subject to a Building Permit issued 111. Schools, General Etlucation - Nursery, primary, trailers. A permanent foundation shall not change the pursuant to the provisions of the Building Code and ihis elementary, secondary schools, vocational. character of the vehicle. Ordinance is applicable. Where question arises as to 112. Schools, Special Education - Trade, business, 136. Vehicle Wash - A building, or portion thereof, whether a proposed use falls within a permiTted use barber, beauty, art, music, dancing, driving and other which principal use is the washing of vehicles. cate9ory and-or a Special Use category, the Planning professional schools, colleges, universiTies and junior 137. Vehicle Wrecking Yard - Any open spacewhere Commission shall make a recommendaTion to the colleges. three or more used motorized vehicles are siored which Village Council which shal I make the final deter- 113. Service Station - A place where gasoline, do not possess current state auto licenses. mination. kerosene, diesel or other motor fuel or lubricating oil or 138. Variance - A modification or variation of the D. Purpose of Districts- grease for operating motor vehictes are offered for sale provisions of ihis Ordinance, as applied to a specific 1. R-7 Single Family Residential Disirict to the public and deliveries are made directly into motor piece of property, excepT ihat modification in the The R-1 Residential District is intended to esTablish vehicles. Includes greasing and oiling, one-bay motor allowable useswithin a district shall not be considered a areas for the developmenT of single family detached vehicle wash and the sale of automobile accessories on variance. housing on parcels of lantl approximately one-ihird (1-3) the premises. Also includes minor repairs, incidenial 139. Veterinary Office and Clinic - Uses concerned acre in size. The R-1 zones are intended to reserve body and fenderwork, minor painting and upholstering, with the diagnosis, ireatment and care of animals, development areas for single family housing and to replacement of paris and motor services to passenger including animal or pet hospitals. resirict encroachment of incompatible uses and at the automobiles and irucks not exceeding one and one-half 140. Warehousing - The stora9e of materials or same time take advanta9e of municipal utilities, (11/~) tons capacity. IT shall not include major general yquipment as a principal use within an enclosed maintain densiTy limitations and preserve open space. repair, rebuilding or reconditioning of engines, motor building. Council in its discreTion may order Public Hearings and vehicles or irailers; collision service, including body, 141. Waterfront Uses - Boatdocks and storage, waTer such other procedural steps which may be appropriate frame or fender straightening or repair; overall recreation equipment and oiher uses normally in- to the individual application. painting or paint job. cidental to lakeshore property. 2. R-2 Single Family and 7wo Family Residential 114. Setback - The minimum horizontal disiance 142. Yard, Front - A yard exTendin9 along the full DisiricTs between a siructure and a lot line. lengihofihefrontlotlinebetweenthesidelotlines. The R-2 Residential Disirict is intended to establish 175. Shoreline Lot - A lot having one or more lot lines 143. Yard, Rear - A yard extending across the full areas for the developmenT of single and iwo family fronting upon public waters. widih of the loi and measured between the rear line of detached housing on parcels of land approximately one- 116.5idewalk-Apublicorprivateway,comprising a thelotandiherearlineofihemainbuilding. fourth (1/4) acre in size. The R-2 zones are intended to portion of the boulevard of a sireet, used primarily for 144. Yard, Requiretl - An open space between a reserve development areas for single and iwo family pedesirian iraffic. building and any lot which is open to the sky unob- housing and to resirict encroachment of incompatible 117. Sign - A name, identification, description, siructed by any permanent or temporary uses or uses and at the same time take advantage of municipal display, logo, illustration or device which is affixed to, sTrucTures. utilities, maintaindensity limitations and preserve open painTed, or represented directly or indirecity upon a 145.Yard,Side-AyardbetweenThebuildingandthe space. Council in its discreTion may order Public building or other surface or piece of land, and which adjacentsidelineofthelotandextendingfromihefronT Hearings and such other procedural steps which maybe direcis attenTion to an obiect, product, place, activity, yard to the rear yard. appropriaTe To the intlividual application. person, instituTion, organizaTion, or business. 146. Zoning Map - The map or maps incorporated 3. R-3 Townhouse and Low Density Multiple Dwelling 118. Soil Processing - The processing of sand, gravel into This Ordinance as a part hereof, designaTing the District or other material mined from the land. zoning districts. The R-3 Residential District is intended to provide 119. Special Use - A use which, because of unique areas offering a broad development range in housing characteristics, cannoT be classified as a permitted use SECTION 11I - MI NIMUM COMPLIANCE units, yeT retain the environment and character of less in any particular disirict, and which, after dua con- REqUIREMENTS intensive residence areas ihrough carefully estabtished sideration by the Commission and Council, pursuant to A. Campliance with This Ordinance bulk and lot area requiremenis. Well-designed the applicable procedures confained herein, may No building, structure or parcel of land may hereafter townhouse projecTS and medium density garden type nevertheless be allowed on a site in a particular zoning be used or occupied and no building permit shall be apartmenis would be examples of appropriaTe uses in disiricT by Special Use Permit granted by the Council. issued for any siructure or use which does not conform the R-3 DisTrict. 120. STOry - That portion of a building included To the provisions of fhis Ordinance except as hereafter 4, R-4 MulTiple Dwelling District between the surface of any floor and the surface of the provided under Sub-section I I I C and Sub-section X The R-4 Resideniial Disiricf defines areas for the floor nexi above iT, or, if no such floor above, the space B. Requirements not to be Reduced development of higher density muliiple dwelling between such floor and the ceiling next above it. No existing lot, yard or parking area shall be so sTructures ihan permitted in the R-3 Disirict. It is in- 121. Story, Half -A space under a sloping roof which reduced in area or dimension as to make any such area tended That areas zoned with the R-4 classification hasihe line of intersecTion of roof decking andwall face or dimension less ihan the minimum required by this permit the most intensive residential development, not more ihan ihree (3) feei above the top floor level, Ordinance, and if already less ihan the minimum subject to the district provisions stated herein. The and in which space not more than iwo-Thirds (2-3) of the required, it shall not be furiher reduced. character of the R-4 Disirici should remain essentially floor area is finished off for use. A half-sTory containing No yard or open space provided about any bui Iding for residential. independent apartment or living quarters shall be the purpose of complying with the provisions of ihis S. B-t Limited Business DistricT counted as a full story. Ordinance shall be considered as providing a yard or The Limited Business Disirict is inTended to provide a 122. Sireet-A public or privateway, consisiing in the open space for any other building, and no yard or open disirict which is related to and may reasonably adjoin case of a private way of a roadway and in the case of a space on adjoining premises shall be considered as high densiTy or other residential disiricis for the public way of a roadway and a boulevard (ihe laiter of providing a yard or open space on a loT whereon a location and development of adminisTrative office which may contain a sidewalk), used primarily for building is to be erected. buildings and related office uses which are subject to vehicular traffic, whether designated as a sTreet, C.7emporary Dwellings morereslrictiveconirols.Theofficeusesallowedinthis avenue, parkway, road, lane, ihrou9hway, expressway, No garage, Tent, trailer or accessory building shall at disiricT are ihose in which ihere is limited contact with highway, place or however otherwise designated. anytime be used as a dwelling except mobile homes the public and no exTerior display or selling of iner- a. CollecTOr Sireet - A street which carries traffic located in an approved mobile home park, and excepT chandise To the general public. from local streets to streeis and highways of higher for siructures receiving a Temporary Council permit. 6. B-2 General Business Disirict classifications. It provides for both land access service The Council may, in ifs discretion, grant a temporary The General Business District is established to group and local iraffic movemenis within residential neigh- permit for the use of the foregoing sTructures as compatible retail business uses which tend to draw borhoods, commercial areas and industrial areas. dwellings for a period not to exceed ninety (90) days trade ihat is naturally interchangeable and so promote b.Cuf-de-sac -AsireetwithonlyoneoutleT. when an emergency or hardship siTuation exisis. business prosperity, provide an adequate supply of c. Local Street - A sTreet of limited continuity used In addition To the foregoing the Council may, if in its businesses and professional service areas to meet the primarily {or access to the abuTting properties and the discreTion it determines an emergency or hardship needs ot the residenTs and to promote a high quality of local needs of a neighborhood. situation exisis, grant a temporary permit for the use as total commercial development and design that d. Maior Arterial - Is usually a divided highway with a residence of a basement under a finished sTrocTure produces a positive visual image and minimizes the four or more lanes and serves the major cenTers of Where the basementis made suitable and safe for said effecis of iraffic congestion, noise, odor, glare and activity of a metropolitan area, the highesT iraffic residential purpose and occupancy is approved by the similar safety problems. volume corridors, and the longest irip desires. The guilding Inspector. 7. I-1 LimiTed Industrial Disirict malor arterial carries a high proportion of the total Because most light indusirial activities are in close urban area iravel on a minimum mileage. Almost all SECTION IV -ZONING MAP AND BOUNDARIES OF relaTion to commercial and residential areas, the type fully and parTially conirolled access facilities are a part of ihis class. ZONING DISTRICTS and iniensity of indusirial uses should be held to ihose e. Minor Arterial - Sireet system interconnect with A. Zoning Map types That do not detract from the surrounding area. It and augment the urban maior arterial system and The boundaries of the zoning disiricts defined in fs for This purpose ihat performance standards in the provideservice!otripsof moderate length at somewhat Section V are hereby established as shown on the map Limitetl Indusirial DisiricT should be high and Thai the lower level of iravel mobility ihan major arTerials. This entitled "Official Zoning Map of Arden Hills, Min- intensity of land utilization be less Than in heavy in- system disTributes iravel to geo9raphical areas smaller nesota", which map is property approved and filed in dusirial use areas. ihan ihose identified wiTh the higher system. the office of the City Clerk Administrator. S. I-2 General Industrial DisTrict f. Expressway Ramp - A conirolled access roadway Said map and all of the noTations, references and This district is established to provide an area where land ate providing ingress or egress from a major arterial high- oTher informaTion shown ihereon shall have the same Thmore e degree ofeland industriaalnd iheuusesmw ihincih s way. The use of expressway ramps al lows the uniform force and effect as if set forih herein at lengTh. flow of iraffic on a major arterial highway wiihouT B. Baundaries of Zoning DisTricis disirictareconsideredTObetoointensivetobenormally undue delays. DistricT boundary lines as indicated on said map are included within the Limited Indusirial Disirict and 123. Structural Alterations - Any change in the intended to follow sTreeT right-of-way lines, sireet should iherefore be separated and located in such areas supportiiig members of a building such as bearing centerlines or lot lines unless a boundary line is to present the least deleterious effect to adiacent, less otherwise indicated on said map. intensive land uses. walls, columns, beams, or girders, or any subsiantial changes in the roof and exterior walls In the case where a boundary line does not appear To . 124. Siructure - Anything consiructed, the use of follow a property line, sireet or righT-of-way line, or which requires more or less permanent location on the Where such line is not dimensioned on said map, the ground or attachment to something having a permanent boundary line shall be determined by the scale ap- location on the ground, including signs. pearing on the map. Page Four y Ordinance 213 (continued) (75) feet of the intersecTing sireet righTs-of-way. 3. Height LAND USE CHAR7 Zoning Dlstrlcts a. Exceptions HeighT limitations shall not apply to church spires, R-7 R-4 R-3 R-1 6-1 B•2 1•1 1-2 belfries, cupolas and domes; monumenis; chimneys Accessory Uses orherrhan normal 5 5 5 S 5 5 S S and smokesTacks; flag poles; public and private utility Agriculfure P P P P P P P P faciliTies; iransmission towers of commercial radio Boarding House S S 5 S - broadcasTing stations; television antennae and parapet Clubs ond Lodges P P walls eztending not more ihan four (4) feet above the CommerualRecreation - - - P P P limiting height of the building, except as hereinafter Day Care or Residential Facility prOVided. (10orfewer) P P P P - - - - Roof-mounTed mechanical equipment, either (overl0) - - 5 5 5 5 screened or completely enclosed, shall be excepied Dog Kennels - - - - 5 - - irom the height limitations if the enclosure (or en- Drive-in Business - 5 - - closures) does noT occupy more than 30 percent of the Earth Sheltered Homes 5 S - - - - - - roof area and does not extend more ihan 12 feei above Electronic Towers 5 S S 5 5 S S P the r00f upon which it is located. Garage,Truck - - - - - - 5 5 b. Variances for Certain Stroctures Home Occupafion 5 5 S 5 - - - - Any siructures, other ihan as noted above, ihat is Hotel/Motel - - - - - P - - proposed to exceed the height limits i mposed by Houses of Worship 5 S 5 S - - - - provisionsof this Ordinance may be permitted by a InsrifurionalHousing 5 5 S 5 - - variance, provided it is determined ihat: Land Reclamation 5 5 5 5 S 5 5 S 1. Adequate fire protection and other safeTy features Manufacturing and Processing - - - - P P are to be prOVided; and Medical Clinics - - - - 5 P - - 2. The heighT and bulk of the siructure will not desiroy Mining 5 5 5 5 5 5 5 5 a scenic or other appropriaTe view, nor wiltii shuT off Mobile Home Parks - - 5 S - - - - IighT and air from surrounding properties, or otherwise Mortuories.......................................... - - - - - S - - be detrimental to the public welfare; and Motorized Vehide Sales - - 5 - - 3. The proposed siructure will not exceed a floor area Multiple Fomily Dwellings - - D D - - ratio of 0.5; and Nurseries 5 5 5 5 - - - - A. The proposed siructure will have setbacks equalto Offices . . . . . . . . . . . P P P P or greater than the height, and the distance between any Personol5ervices - - - - - P - - two principal buildings musT be no less ihan one-half Pu61ic Uses . . . . . . . . 5 S 5 S 5 5 5 5 the sum of the heighis of the Two siructures. Research P S P P C. Additional Minimum Requiremenis for Drive-In Research Animals 5 5 5 Businesses, Fast Food Restauranis and Automobile Restaurants - - - - - P 5 S Service STations Restauranfs, Drive-in................................. - - - - - S - - Because drive-in businesses, fasi food restauranis Resfauran+s, Fasf Food 5 - - and auTOmobile service stations present certain unusual RetaiISales - - - - - P - - problems, they are hereby required to meet the Service$tations - - - - - S S 5 following requiremenis in adtlition to the general Schools,GeneralEducafion 5 5 5 5 - - requiremenisapplica6letotheminihezoningdisirictin Schools,5pecialEducation 5 S - - which they are to be located: Single Family Atmched Dwellings S 5 D D - - - - 1. Location of Drive-in Businesses and FasT Food Single Family Detached Dwellings...................... P P P P - - ReStauranl5 SingleFamilyDwellingUnderDensityZoning............ D D D D - - - - d. Proximity to SChools, ChufChes, Publit Two Family Dwelling 5 S P P - - - - Recreational Areas and Residential Lots Mixed Residenfial7ypes D D No drive-in business or fastfood restaurant shall be SoilProcessing 5 5 5 5 5 5 5 5 located within four hundred (400) feet of a public, Ufiliry Disfribution Lines P P P P P P P P private or parochial school, a church, a public UtiGry Substation - - - - - - 5 S recreation area, or any residentially zoned properiy. UtilityTransmission 5 5 S S S S S S b. Proximity to Other Establishmenis Vererinory Ginic and Offices - - - - - S - - No drive-in business or fast food restaurant shall be warehousing - - - - - - P P located within one Thousand three hundred iwenty (1,320) feet of the boundaries of another one. P - Permined c. Unreasonable Traffic Volume D - Planned Unif Development Permif No drive-in business or fasT food restaurant shall be 5-Spaciol Use Permit located on the site if the probable result of such location would be unreasonably to increase iraffic volume on DISTRICT REqU1REfNENTS R-1 R-4 R-9 R-4 13-1 B-2 1-1 1•4 nearby Sireets. 1. Minimum Lot Area (square d. $iZC O( LOt footage Per Dwelling Unir No drive-in business or fast food resTaurant shall be Single Fomily 14,000 11,000 11,000 11,000 N/A N/A N/A N/A IOCdted Ofl d 101 Of 1255 than iWOniy fOUf ihOUSdnd TwoFomily 14,000 8,000 8,000 8,000 N/A N/A N/A N/A (24,000) square feet. 2. Standards for Drive-in Businesses, Fast Food 2. MinimumLorArea - Non-residential RestauranTS and Automobile Service Stations Uses (permitted by Special Use or a. Landscaping P.U.D.Permit) 14,000 11,000 11,000 11,000 13,000 13,000 30,000 24,000 A lot to be used for drive-in business, fast food restaurant or automobile service station purposes shall 3. Minimum Lor Dimensions (feet) be landscaped at least to the following depihs from each Width at Front Building Line/Depth 100/130 100/130 100/130 100/130 lot line: SingleFamily 95/130 85i120 85/120 85/120 - - - - 1. Tweniy (20) feet from the front lot line excepi for Two Family 95/130 85!120 65/120 85/120 - - - - approved access drive; 2. Ten (10) feet from each side lot line; and 4. Maximum Building Bulk Requiremenis/NetAcre 3. Fifteen (15) feet from rear lot line. Height (feet above grade) 35 35 35 35 35 35 35 45 b. ElecTronic Deviees Floor Area Ratios (F.A. R.) .3 .3 .3 .3 .7 .8 .6 .8 Elecironic devices such as loudspeakers, or devices, Lot Coverage by Structure (percent) 25 25 25 25 35 40 30 40 drive-in iheater car speakers, and similar insirumenTs shall not be located within fifty (50) feet of any adjaceni 5. Minimum Landscape Lm Area(percenf)............ 65 65 65 65 75 25 35 25 lot regardless of use or zoning disTrict. c. Curbing 6. Minimum 5=rbacks (feet) All curbing required by the Council shall be concrete, FrontYard 40 40 40 40 50 50 55 50 and a box curb noYless ihan six (6) inches above grade RearYard shall separate the public right-of-way from the motor Principal 30 30 30 30 20 20 20*" 20 vehicle service areas, except at approved enirances and Accessory. 10 10 10 10 10 10 10 70 eXiTs. SideYardlnterior d. Snow S1orBg0 Principal 10' St 5* 5* 20 20 20** 20 AdequaTe area shall be designed for snow storage Accessory 10 5 5 5 10 10 10 10 such That clear visibility shall be afforded from the Side Yard Corner 40 40 40 40 50 50 50 50 properfy To any public sireeT. LakeshoreHighWaterMark....... 75 75 75 75 100 100 100 100 e. Screening Boundory of Residentiol Zoning Distrid N/A N/A NiA N/A 75 75 75 75 A suitable screening fence shal I be ereded along all property linesexcept ihose which are also public right- 7. P. U. D. 8 S. U. P. Moximum Dwelliog Unn of-way lines. Said fence shall be of a type and design Density/Net Acre............... 3.17 3.96 4.5 12.0 N/A N/A N!A N/A approved by the Council. Planting of a type approved by ihe Council may also be required in addition to or in lieu *Aggregate Minimum 25' in R-1, Aggregate Minimum 15' In R-2, R-3 and R-4 Of fenCillg. "*But in no case less thon building height. f. DBSigO The design of all siructures shall be compatible wiTh SECTION VI - GENERAL REGULATIONS arbors, trellises, and detached ouTdoor livin9 rooms other siruciures in the surrounding area. A. Accessory Uses and Siructures shall not exceed five hundred (500) square feet. 9. Signs 1. Time of Construction B. Exceptions to the Minimum Requirements for all No permanent or temporary signs visible from the publi No accessory structure shal I be constructed on any lot DisiricTS c sireet shall be erected wiThout approval fromthe rior to the time of consiruction of the rinci al 1. Setbacks Council. P P P h. Traffic Circulation structure to which it is accessory. a. Front Seibacks No site plan shall be approved which will in any way 2. Heigbt Where adjacent siruciures have a different setback No accessory structure shall exceed the heighf of the from ihat required herein, the fronT setback of a new consiitute a hazard to vehicular or pedestrian cir- principal siructure to which it is accessory. princiPal siructure shall conform to the prevailing culation. 3. LocaTion setback in the immediaTe vicinity. The Adminisirator i. Access No accessory siructure shall be locaTed nearer the shall deTermine the necessary front setback in such Access shall be to public sYreets from at least Two fronT lot line ihan the principal structure to which it is cases. However, in no case shall a residential siructure Po~nRUlesTand Re9ulatio slofsSTaTe Fire Marshall accessory. Accessory siructures may be located on be required to set back more than sixty (60) feet. W ith respect to automobi le service sTations, any ihrough lots to the rear of the principal sTructure, b. Side and Rear Setbacks buildingproposedTObeusedasaserviceslaTionshallbe provided thatihey are notcloserihaniwenty (20)feeito Buildings m ay be exempTed from side and rear set- constructed and mainTained as required by the rules either front !ot line. An accessory siructure may be back requiremenis provided party walls are used and if located within the rear yard setback required for the the adjaceni buildings are construcied as an integral ~yddlenglasto ageh ndair nlsportatonlof~f emmable principal siructure provided ihat the lot is noT a ihrough unit, or if residential siructures are to be consTrucTed liquids. Every facility, whether underground or above lot and said accessory siructure does not occupy more uTilizing the "zero lot line" concepT. Townhouse, ground and whether indoors or out of doors, for the ihan iwenty-five (25 per cent) per cent of a required shopping center, duster developri~ents and componenTS handlin9, stora9e and movemeni of flammable liquids rear yard. of insTitutional facilities are examples of where ihis shall likewise be consiructed and maintained in ac- 4. Home Occupation provision would apply. cordancewith the rulesand regulationsof the State Fire No home occupafion shall be permiTted in any ac- cessory siruciure. 2. Permitted Encroachments Marshal. 5. Accessory Retail Sales a. FeaTUres which are part of a principai sTructure, D. Areas Without SaniTary Sewer Accessory retail sales are permiTTed in business and including buT not limited To eaves, cornices, canopies, 1. Minimum Lot Area awnings, open porches, balconies, steps, ramps, fire In areas not served by public sanitary sewers, single indusirial disiriciswhen directly associated with the andiwo-familyhomesshallhaveaminimumloTareaof principal use, and when incidental repair, processing e~capes, and chimneys, may extend three (3) feet into and siorage are necessary to conduct a permitted the required front, side, antl rear seibacks. one acre, except smaller lots may be permiTted by principal or special use; but accessory use shall not b. Exterior earih retaining structures m ay encroach variance if itcan be demonsTratedihat such loTS willnot result i exceed thirty percent (30 percent) of the floor space of 1o within 3' of the loi line. n any coniamination of the soil, ground waTer or the principalsiructure,and shall be enclosed within the c. Recreational equipment, picnic tables, uncovered anyihing else that might endanger the public heal}h. principal structure. outdoor eating faciliTies, and clothas drying equipmenT 2. Areas No17o Be Served WiThin One Year 6. Number in Residential Disiricis may be locaTed in rear yards provided these are not less Except as provided in the previous provisions hereof, In Residen5ial Disiricis there shall be no more ihan than iwo (2) feet from any lot line. developmeni is prohibited in areas not served or to be one accessory siructure of a single type on any in- d. On a corr.erlot, nothing shall be placed or allowed served wiThin one year. dividual lot. To grow in such a manner as To impede vision beTween aE. Design STandards 7. Size of Certain Accessory SirucTUres heighT of two and one-half and ten feet above the cen- The standards established in ihis section are designed Breezeways, detachetl outdoor picnic shelters, open terline grades of the interseciing sTreets within fifteen to encourage a high standard of developmenT by Page Five ~ Ordinance 213 (tontinued) P m. and 7:00 a.m. or the City as a whole. 5. Lighting b. Applicability providing assurances that neighboring land uses will be a. Direction The foregoing considerations shall be applicable to compatible. These standards are also designed to In all disTricis lighting shall be so arranged as to any permit applications other ihan detached dwelling preveniandeliminaTethoseconditionsihatcauseurban direcllighTawayfromadjoininglol5andpublicSTree15. uniTs. blight. All future developmenT shall be required to meet DirecT or sky-reflecied glare, from floodlighis or high F. Performance Standards or exceed these standards. The standards shall also temperature processes such as combusiion or welding, 1. MainTenance apply to existing development where so stated. shalf not be directed at any adjoining lots. In all disiricis, all buildings, siruciures including Before any applications for developmenT or con- b. Concealment or Hooding of Source fences, and required landscaping shall be maintained so siruction under ihis Ordinance or the Building Code are Thesourceof illuminate shall be hooded, concealed or as noi to be unsightly or present harmful healTh or approved, it shall be determined ihat the proposal will controlled in a manner so as noT to be visible from ad- safety condiTions. be in conformance with the standards unless a variance ioining loTS or sireeis. 2. Refuse has been granTed. IT shall be the responsibility of the 6. Access Drives a. Containment applicant to demonsirate such conformance. a. Proximity to Lot Lines In all disirict, all waste materials, debris, refuse or 1. Olf-PUblic Street Parking Access drives may be placed adjacent to property garbage shall be kept in an enclosed building or be a. Area lines, except that drives consisting of crushed rock or property screened and contained in a closed container For the purpose of ihis Ordinance, a parking space oTher non-finished surfacing shall be no closer ihan one designed for such purpose. shall be not less than ihree hundred (300) square feet (1) footto any side or rear lot line. b. Noxiaus Weeds and Objectionable Plant Growih per vehicle of standing and maneuvering area. In- b.ProximityToResidencearOtherPrincipalBuilding Landshallbekeptfreeofnoxiousweedsandunsightly dividual spaces shall be ai least nine (9) feet in width. No access drive shall be closer than ihree (3) feet to or objectionable plant growih. b. Access any single or two-family residence nor closer than five c. InTerpretation AIl off-sireet parking spaces shall have access (5) feeT To any other principal building. AIl exierior sTOrage not included as accessory to the driveways and access directly to public streets. Curb 7. Fences, Walls and Hedges permitted or special use or otherwise premiTted by the cui5 for uses other ihan single-family homes shall be Fences, walls and hedges shall be permitted in any Provisions of This Ordinance shall be considered to be approved by the Council. Curb cuts along arterial and Yard subject to the followin9: refuse. collector roads shall be held at a minimum wherever a. Height of Solid Walls in General d. Compliance Deatlline possible. Solid walls in excess of forty two (42) inches in height Existing uses shall comply with these provisions Any residential IoT which has frontage on a local or are prohibited. within sixty (60) days followin4 the eifective date of ihis collecior sireet and a major or minor arterial (as b. Height of Fences in General Ordinance. defined by the Comprehensive Plan of Arden Hills) shall Fences in yards oTher ihan front yards may not ex- 3. Vehicle Parking gain access only from the local or collector sireet. ceed six (b) feet in heighT. a. Inoperable Vehicles c. Surface and Drainage c. Height ot Fencesand Salid Walls in Front Yards Passenger vehicles and trucks that are in an Off-sireet parking areas shall be improved with a Fences antl sofid walls in excess of thirty Six (36) inoperable condiTion shall not be parked outdoors in the durable and dustless surface. Such areas shall be so inches in heightin front yards are prohibited. City for a period exceeding seven (7) days. graded and drained so as to dispose of al I surface water d. Openness of Fences "Inoperable" shall mean incapable of movement under accumulation within the area. Such surface for single Fences shall be at leasT ihirTy percent (30 percent) itsown power and in need of repairsora iunkyard. family homes may include crushed rock, while afl oTher oPen for the passage of light and air. b. Parking in Resitlential Disiricts uses shall uTiliz2 a water sealing maTerial as approved e. Barbs or Spikes on Fences Parking in resideniial districis shall be limiTed to the by the City Engineer. No fence shall have barbs or spikes at any point less use of the occupants of ihose residences and Their tl. Location than six (6) feet above the ground, except where the 9uesis. All off-sireet parking spaces herein required shall be fence is used for agricultural purposes. c. On Public StreeT Parking located according to the following: f. Placement of Fences along Lot Lines On public sireet parking shall not exceed six (6) 1. Spaces required for one and two-family dwellings Fences may be placed along lot lines provided no conTinuous hours. shal I be on The same lot as the principal siructure. damage of any kind resulis to the abutting properiy. d. Commercially Licensed Vehicles, Trailers and 2. Spaces required for mulTiple-family dwellings shall 9. Direction o4 Fence Facing Cabs beonihesamelotasiheprincipalsiructureservedor Thatsideofihefenceconsideredtobetheface(facing Nocommerciallylicensedmotorvehicleorirailer wifhin iwo hundred (200) feet of the main enTrance if not as applied to fence posis) shall face an abutting lot. with a rated gross weight exceeding 7000 pounds shal I be locaTed on the same lot. 8. Screening - parked or stored in a residential area except when 3. Spaces required for business and indusiriaf uses a. Residential Disiricis loading, unloading or rendering a service. shall be wifhin eighT hundred (800) feeT of the main Screening shall be required in residential disiricis e. Number of Parking Spaces for Home Occupation enirance to the principal building served. where: No home occupation shall be permitted which creates 4. No off-sTreet parking space with the exception of 1. Off-sTreet parking areas contain more ihan four (4) a need for more than ihree (3) parking spaces at any driveway shall be wiThin iwenty (20) feet of right-of-way Parking spaces That are within ?hirty (30) feei of an 9iven time in addition to the required spaces for the line of any public sireet. adjoining loT. dwelling unit. 5. No off-sireet parking area containing four or more 2. The driveway to a parking area of more than six (6) f. Parking on Bouievards ProhibiTetl spaces shall be closer ihan five (5) feet from the side or parking spaces is within fifteen (15) feet of an adjoining No motor vehicle shall be parked upon the boulevard rear lot lines. lot. of any public sireet. e. Joint Facilities b. Proxirtsity to ResidenTial LaT g. Parking SeTback from Intersections The required off-street parking spaces for iwo or Screening shall be required where: Parking shall be set backfrom streetintersections as more uses may be located iointly on the same lot or in 1. Any business or indusirial use is adiacent to any follows: the same structure when: zoned residential, along the boundary of any such 1. 20 ft. from crosswalk of any unconirolled in- 1. The number of spaces provided is equal to or residential lot; tersections. greater ihan the sum of the separate requiremenTs for 2. Any business, parking lot or indusTrial use is across 2. 30 ft. from crosswalk of any conirolled in- each use; and the sireet from a residential disirict, but not on that side tersections. 2. The joint facili?y is within four hundred (400) feet of of a businessor industrial use considered to be the front. 3. 20 ft. from any intersection wiihout a marked each use to be served; and c. Mechanical OperaTing Equipment crosswalk. 3. 11 can be demonsirated that There will be no sub- Screening shall also be provided where mechanical 4. Exterior STOrage stantial conflicY in the principal operating hours of the oPeraTing equipment is located on the ground or on the a. Residential Disirict uses to be served; and roof of the premises, such screening shall be con- In residential disiricis, all materials and equipment 4. A properly drawn legal insirumenT, executed by the sTructed and located so as to prevent direct view of said shall be stored within a bui Iding or be fully screened so parties involved, is filed with the City and the proper equipment. as not to be visible from adjoining lois, excepT for the County office, if deemed necessary by the City At- d. Types of Screening following: Laundry drying and recreational equipment; torney, which provides for such mutual parking The screening required in ihis section shall consisi of consiruction and landscaping materials currently agreemenT which shall not be terminated without the a fence, wall or landscaping area subject to the ap- (within a period of iwelve (12) monihs) being used on approval of the Council, proval of the Council. Landscape planting may be the premises; agricultural materials and equipmenT if f. Off Sireet Parking Spaces Required required in addition To ihe screening fence or wall, ihese are used or intended for use on the premises; off- Dwellings - 2 spaces per dwelling unit. e. Corner Lot streei parking of passerger cars and pick-up irucks. Churches, TheaTers, auditoriums, mortuaries, and On corner lots, noThing shail be placed or allowed To b. Baats, Trailers and UtilitY Vehicles other places of assembly - 1 space for each 3 seats or 9row in such a manner as to materially impede vision Boats, trailers and utility vehicles are noi permiited for each 5 feet of pew length, based upon maximum befween a height of Ywo and one-half (21h) antl ten (10) excepT those less than twenty (20) feet in lengih, which design capacity. feet above the centerline grade of any adjacent sireet if are permitted if stored in the rear yard more than ten Business and professional offices - 1 space for each Within fifteen (15) feeT of any inTersecting street right- (10) feetfrom ihelotline and areinconspicuous. 250 square feeT of gross floor space. of-way fine. 5. Elecirical and Radiation Emissions Medical Clinics - 4 spaces for each doctor or dentist 9. Exterior Storage No activites shall be permitted ihaT emit dangerous plus one space for each 250 square feet of gross iloor All permitTed exterior storage shal I be screened from radio-aciivity beyond an enclosed area. There shal I be space. view, excepT maferials and equipmenT being used for no electrical disiurbance adversely affecting the Refail Sales - 1 space for ea.h 150 square feet of omsite construction. operafion aT any poinT of any equipment other Than ihat gross reTail sales floor space, 10. Bulk Liquid Storage of the creator of such disturbances. MoTels, hotels, and tourist homes- 1 space for each a. Special Use Permit 6. Emission or Creation of Noise, Odors, Vibrations, tlwelling unii plus 1 space ior each employee. All bulk siorage of liquids or gas of a volaTile nature Glare, Smoke, Heat, Toxic or Noxious Fumes Restaurants, Taverns, and bars - 7 space for each 3 shall require a Special Use Permit in order thaT the Emission or creation of noise, odors, vibrations, seats. Council may have assurances that fire, explosion or 91are, dust, smoke, heat and Toxic or noxious fumes Service stations -3 spaces for each enclosed bay plus 9round contamination hazards are not present. shall conform to such siandards as are from time To 1 space for each fulFTime employee during any work b. Dyking for Certain Above Ground Storage Tanks Time estabiished by the MinnesoTa Pollution Conirol shifi. All above ground liquid storage Tanks having a A9ency. None of ihese shall be at a level ihat is ob- Bowling alleys - 5 spaces per lane pius additional capaciTy in excess of Two hundred (200) gallons shall iecTionable to surrounding properties. spaces as required for related uses. have dyking around said tanks, suitable sealed, wiTh the 7. ProximiTy of Residential Dwellings to Frgeway Oiher business and indusiry - 1 space for every one capacity of holding onefiundred and fifteen percent (715 No developer shall locate a residential dwelling of and one-half (11/2) employees (based upon maximum Fercent) of the tank capacity. whatsoever kind in an area adlacenT To a freeway with a planned employment during any work period) or 1 c. Discontinuance of Hazardous Existing Starage greater noise magnitude ihan 70 dba as designated on space for each 1000 square feet of floor area, whichever Tank the applicable noise level map of the Minnesota requirement is the greater. Any exisiing sTOrage tank ihat constitutes a hazard to DeparimenT of Transportation unless he has first ob- ihe public safety shall be discontinued. Tained writien approval by said DeparTment of land- Uses not specifically noted above includin9 public d. Screening scaping or oiher screening measures which have the uses Parking space requiremenis shall be deter- All storage tanks shali be screened from view and effect of abating the noise level in the area to 70 dba or mined by the Council upon advice from the Planning conform to the required setbacks. less. Commission. 11. Traffic ConTrol B. Lake Front Lois 2. Landscaping-Plartting a. Avoitlance oi Hazards by Channelization All loTS having frontage on a body of water musT be a. In all disiricis all developed uses shal I provide and The iraffic generated by any use shall be channelized mainTained in accordance wiTh the following: maintain a landscaped area according To minimums in and controlled in a manner that wili avoid traffic a. Location of Principal Buildings antl Landscaping the Disirict Requiremenis Chart. Planting within such hazards. No principal building shall be located within seventy area shall be subjecT to approval of the CiTy Council. b. Regulation of Internal Traffic Flow five (75) ieei of the high waterline and aT least sevenih b. In all disiricts all developed uses shall provide and Traffic, inTernal to PUDs, subdivisions; commereial five percent (75 percent) of said seventy five (75) feet maintain a landscaped yard along all sireets. This yard and industrial sites, shall be so regulated as to insure its shall be landscaped or left in its natural state. shall be kepT clear of all siructures, storage and off- safe and orderly flow b. Maintenance of Waterfront Area sireet parking. Except for driveways, the yard shall 12. Resiric4ionson Location of Non-residential Usesin The waterfront area shall present a neat and not extend along the enTire froniage of the lot and along boTh Residential Districts unsightly appearance from the water and shal I be sireets in ihecaseof a corner lot. Such yard shall have a In the granting of Specia! Use or Planned Unit protected from adverse conditions affecting the pubiic. minimum depih of ai least twenty (20) feet from the DevelopmenT PermiTS for non-residential uses to be For the purpose of ihis provision "adverse conditions" righT-of-way line. located in a residential disirict on a site of one (1) acre shali be interpreTed to utilization of more Than ten c. Areas less ihan ten (10) feet in widih, or isolated or more, the Council shall not permit access from that percent (10 percent) of the shoreline for docks or other and lessihanfive hundred (500) squarefeei in size, shall site to a cul-de-sac or local street and also shall not accessory buildings or siructures, grading or otherwise not be included in landscape area requiremenis. permit any siructure or hard surface area to be con- removing natural cover from the lake front area or d. Quaniity and character of landscaping, as structed on said site Woser Than one hundred (100) feet accumulation on the lake front area of debris, the originally approved, shall be maintained in perpetuity. from any adjaceni residenTial lot. creation or maintenance ihereon of safety hazards, cut 3. Draina9e 13. AesThetics or fill which change ihe natural shoreline, maintenance No land shall be developed nor shall any use be per- a. Evaluation of Impact of healTh hazards Thereon and similar condiTions. mitted ihat results in water run-off causing flooding, or The proposed design, scale, massing, materials, c. Location of Accessory Buildings or Structures erosion on adjacent properties. AIl drainage shall be height antl oTher aspecis of the subject matier of any Accessory buildings or siructures shall 6e located properly channeled into a storm sewer, water course, permiT requested hereunder shall be evaluated by the behind the high waterline. ponding area or other facility as approved by the City planning Commission ar,d the Council with respeci to 9. Animals Engineer and the Rice Creek Watershed District where siructures and properTies in the surrounding area. To a. Location of Buiidings or Structures Having it has lurisdiction over the matter. this end, the Planning Commiss+on and the Council shall Animals 4. Off-sireeT Loading consider, priorto the issuance of any permit hereunder, Any building in which farm animals are kept shall be Off-street loading spaceshall be providetl in con- Whether the appearance of the subject maTier is so aT located a distance of Two hundred (200) feet or more neciion with any use which requires the receipi or variance with the siruetures and properTies in the from any lot line. Any open structure in which farm distribuTion of materials by iruck. Where noise from surrounding area asto cause a substantial depreciation animals are kept shall be a distance of four hundred such loading space is audible in a resideniial disirict, in ihe, property values in the surrounding area or to (400) feet or more from any lot line. the activity shall Terminate between the hours of 7:00 unreasonably detract from the appearance of the area b. Maximum Number of Animals per Single Family Page Six ~ Ordinante 213 (continued) in a sum equal to one hundred and twenty five percent 6. Action by Council (125 percent) of the estimated cost, as determined by TheCouncilmusitakeactiononiheapplicationwithin Dwelling the City Engineer, of improvemenisto be constructed in sixTy (60) days following the report to it by the Com- Uptofour(4)domesticanimals,excludingbirds,may accordance with the Permit to insure compietion mission or following a hearing held by the Council. be kept in any dwelling uniT, but not more ihan iwo (2) thereof within the time limit specified in the Permit. Council action may include approval, denial or referral may be dogs. The conditions so imposed by the Council shall be back to the Commission. The applicant if any shall be c. Animals for Rcsearch specifically stated in the Permit. The violation of any noTified in wriTing of the Council's acTion. Animals for research ma be ke t in a special or general condition seT forih in a Special Use 7. Resubmission ot Denietl Application y p ppropriate permit shall consTitute a violaTion of ihis Ordinance. places by Special Use PermiT. No application which has been denied wholly or in D. Changes in Specially Permitted Use part shall be resubmitted for e period of six (6) monYhs 10. Sife Grading Afier the Special Use Permit has been granted, the from the date of said order of denial. a. The maximum slope for graded earih surfaces usespeciallypermilTedihereundershallbeesiablished, g. Effectuation of Amendment shall be 3:1. conducied and maintained in conformity with the terms In the event an application or amendment initiated by b. Earth surfaces shall be planted or stablilized to Thereof, including all condiTions set forth therein. Any the Council or the Commission is approved, an ap- prevent erosion. sirucTUral alTeration, enlargement, or intensificaTion propriate amending oridnance shall be executed and c. Finished slopes and grades shall not cause adverse Thereof, or similar change not specifically permitted by published. Rezoning amendmenis shal I describe the drainage effecis on adjoining properTies. the Permit, shall require an amended Permit, and all properiy rezoned by iTS legal description, and shall be G. Requiremenis for Vehicular Circulation Procedures shall apply as if a new Permit were being indicafed on the Official Zoning Map, but ii shall noT be 1. Traffic and Circulation requesfed provided, however,ihaT when such changes necessary To re-publish said zoning map to effectuate AIl commercial and indusirial buildingsor siructures are deemed To be insignificanT by the Zoning Ad- the rezoning amendment. and iheir accessory uses shal I be accessible to and from minisirator the requirements of a publ ic hearing may q. ElfecT of Rezoning Amendment Upon Com- nearby public sTreeis and sidewalks by driveways and be waived. prehensive Development Plan walkways surfaced with a hard, all weather, durable, E. Automatic Expiration Any change in zoning shall automatically amend the dust free material and properly drained. Vehicular In the event a Special Use Permit does not contain as Comprehensive Development Plan in accordance wiih traffic generated by a commercial or indusirial use a special condition a Time limit, ii shall automatically said zoning change. Such change shall be recorded as an shall be channeled and conirolled in a manner ihat will expire and become void one (1) year from and after the amendment to the Comprehensive Development Plan. avoid congestion on the public sTreets, iraffic hazards, date on which it was granted unless the use for which it B. Rezonings and excessive traffic ihrough residential areas, ~'as granted has been substantially established or par- 1. Application ticularly truck traffic. The adequacy oi any proposed constructed or unless upon written application made by The applicant for a rezoning shall fill out and submit traffic circulaTion sysTem to accomplish ihese ob- thepersontowhomihePermitwasgrantedwithlnsuch to the Zoning Adminisirator an application together jectives shall be determined by the City which may Vear, the Council shall have extended the expiration wiih the required fee and six (6) copies of the require such additional measures for iraffic conirol as date of such PermiT for an additional period, noT To documentaTion required by ihis subdivision. deemed necessary, including but noT IimiTed To the exceed six (6) months. 2. DocumentaTion Required following: DirecTional signalization, channelization, If the usefor which any Special Use Permit has been The applicanT shall file the following documentaTion siandby turn !anes, illumination and siorage area and 9ranted has ceased or has been discontinued for a To support his application for a rezoning: distribuTion faciliTies within the commercial site to Period of ninety (90) consecutive days, the Permit shall a. Ownership Report prevent back-up ot vehicles on public sTreets. Internal automatically expire and becomevoid atiheend of such day period. An ownership reporf showing the apparent record site Traffic shall be designed to separate perimeter nineTy (90) owners of the property and ihose wiihin Three hundred irafric and parking stalls areas. Said stalls shall be F. Issuance of Building Permit Before Special Use and fifty (350) feet of the outer limits of the property oriented so as to accommodate pedesirial iraffic in a Permit ProhibiTed whichisihesubiectofiheapplication.lfTheapplicantis safe manner such as bui noi limited to orienting parking No Bui Iding Permit shal l be issued for any use in a not the record owner ot the property, written consent of aisles toward the principal site uses. zoning disirict which requires the issuance of a Special the owner shall also be filed. 2. On-Site Parking Facility Use Permit before iT can be located in the pariicular b. Location Map A buiiding permit shall be required in such case tlisirict, until after the Special Use Permit has been A map indicating the general location of the subiect where a commercial, indusTrial, public or semi-public 9ranied by the Council. property. land use is intending to construct an on-site parking G. Special Uses c. Survey facility containin9 a site aggregate of more ihan four Special uses and the particular zoning disTricis in A ploi plan or survey, drawn to scale by a registered (4) spaces or a loading facility of any kind and the which ihey may be allowed to be located after the Surveyor, delineating the siTe dimensions, and the faciliTy is not a part of, or has prior approval as a part of Council's issuance of a Special Use Permit, are Iocation of all buildings and siructures on and within one a site plan for which a building permit has been issued. designated in the Land Use Chart set forih on page 2-4 huntlred (100) feet of the property. 3. Driveway WidThs: (Measuremenis Between hereof. d. Comprehensive Plan Statement Roadway Edges) H. Medium and High Density Residential Uses A written statement indicating how the proposed Type: One-way, maximum feet: 25, minimum feet: In the granting of Special Use PermiTs for medium rezoning will be in harmony with and inconformity with 10 and high density residential uses the Council shall first the Comprehensive Development Plan for the City. If Type: Two-way, maximum feei: 25, minimum feet: find Thai the proposed deveiopment is in cqmpliance the proposed rezoning is not in conformity with said 20 with ihe adopted Comprehensive Development Plan for plan, the sTaTemenf shall clearly demonsirete ihat the 4. Minimum Driveway Angle to Public Street Arden Hills, boih in terms of the various policy proposal is equal to or better ihan the Plan. Ii shall be Thiriy (30) degrees when public streetis one-way or statemenis and the site location set forih iherein. shown ihaT There has been an essential change in the divided, otherwise sixty (60) degrees. SECTION V111 - ADMINISTRATION AND conditions and-or characier of the area since the 5. Minimum Distance of Driveway from Sireet In- PROCEDURES properiy was last zoned. 4ersections A. Amendments e. Development Plan Distance shall be measured along sireet righT-of-way 1- IniTiaTion In order to visualize the results of any rezoning, the line between the nearest driveway edge and the nearest An amendment to ihis Ordinance may be initiated by applicant shall prepare and submit a preliminary right-of-way line of the intersecTing sireet. the Council, the Planning Commission or by application development plan for the property requested to be rezoned. This plan shal I be used by the Commission and if the driveway andiheintersecting andihedrivewayenters Council for discussion purposes only, buT will serve to enters a street sireetisclassified lane appraaching or illusirate the potential development of the siTe should classified as a as a leavingintersection the rezoning be 9ranted. Approaching Leavingt 3. Business DisTricTs Local STreet Local sireet, Collector Before any new area is rezoned to a business sireet or Minor Arterial 15 ft. 15 ft. classification, the properTy must be located adjacent to Maior Arterial 20 ft. 15 ft. an arterial or collector road as shown on the Com- Collector STreet Local Sireet 20 ft. 15 fi. prehensive Development Plan, or the rezoning will be and Minor Collector, Minor an exiension of an existing business disirict. Arterial Arterial 25 ft. 15 ft. C. Special Use Permits Major Arterial 35 ft. 20 ft. 1. Applicatian Maior Arterial Local STreet 20 fT. 15 ft. The applicant for a Special Use Permit shall fill out Collector, Minor and submiT to the Zoning Adminisirator an application Arterial 25 ft. 15 ft. together with the required fee and six (6) copies of the MajorArterial 40ft. 20ft. documentation required by This subdivision. Expressway Ramp 200 fT. 100 ft. 2. Documentation Required The applicani shall file along with the required ap- +NoTe: Minimum distance to be the same as ihat of affected property owner(s). Hn amendmenT not Plication fee the following documentation to support his specified for approaching lane if left turns are application for a Special Use Permit unless, in the per- initiafed by the Commission shall be referred to the opinion of the Zoning AdminisiraTor, certain of the mitted into or ouf of driveway. Commission for siudy and report and may not be acted SECTION VII - SPEC7AL PRINCIPAL USES upon by the Council until it has received the recom- following documents or paris ihereof can be waived A. Purpose and Intent mendation of the Commission on the proposed amend- until further requesi: IT is recognized ihat ceriain principal uses of land, ment or until sixiy (60) days have elapsed from the date a. Ownership Report although generally compatible with the basic use The ownership report shall show the apparenT record of reference of the amendmenT To the Commission, owners of the property which is the subject of the ap- classification of a particular zoning disTrict, should noT Whichever occurs first. plication, and Those within ihree hundred and fifty (350) be permiited generally and as a matter of right To be 2. Official Notice of Public Hearing feetoftheouterlimiTSihereof. IfTheapplicant isnotihe iocatedin every area included wiThin the zoning disirict a. Published Notice record owner of the property, writTen consent of the because of hazards inherenT in the use itself or special No amendmenT shall be adopted until a public hearing owner shal I also be filed. problems which its proposed locaTion may presenT. Such has been held Thereon by the Commission or the Council. b. Survey a useof a particular site may, neveriheless, be specially q notice of the time, place and purpose of the public The survey shall coniain the following data: permitted by mears of a Special Use Permit, aranted by hearing shall be publ ished in the official newspaper aT 7. The daTe, north point, map scale, name and address the Council, after the procedures set forih in ihis Or- leastten (10) daysprioriothedayofthehearing. of the applicani, owner, operaYor, surveyor, engineer dinancehavebeencompliedwithandiheCOUncil,onihe b. Maiied Notice; Rezoning Amendments basis of the guidelines and criteria set forih in ihis When an amendment involves changes in disirict anddesigner includingiheir license numbers and seals; section, has determined That the facis and cir- boundaries,i.e. rezoning, an additional notice shall be 2. A correctlegal description of the subiect properTy cumsTances of the parTicular case warranT granting the made and certified to be a registered land surveyor; mailed at least ten (10) days before the day of the 3. Depiction of all water courses, lakes, marshes, Permit. The Permit shal I be granted solely for the hearing to each owner of affected property and properTy Wooded areas, rock outcrops, power Transportation proposed use of a particular site, not for a particular situatetl wholly or partly within ihree hundred and fifty poles and lines, gas lines, single ireeswith a diameter of person or firm. (350) feet of the property to which the amendment b. General Criteria relates. For the purpose of giving mailed notice, the eight (8) inches or more as measured Three (3) feet In determining whether to grant a Special Use Permit above the base of the irunk, and any other significani Zoning AdminisTrator may use any approprite record5 exisTing feaTUres. tor the Aroposed use of a particular si?e, the Council to determine the names and addresses of owners. A A. Delineation of topography of subiect properTy with shal I consider the factual findings, conclusions, and copy of the notice and a lisi of ihe owners and addresses conTour intervals of not more fhan two (2) feet and recommendations of the Flanning Commission, as to which the notice was sent shall be atTested to by the supplementats of one (1) toot in exiremely flat areas, contained in its report, and boTh shall consider the effect Zoning AdminisTrator and shall be made a pari of the the data for which shall be derived from the fifih of the proposed use upon the healih, safety, con- records of the proceedings. The failure to give mailed general adjusimenT of 1929; venience, and general welfare of the owners and oc- notice To individual property owners, or defecis in the 5. The location, right-of-way widih, dimension, and cupants of surrounding land, in particuiar, and the noTice shall notinvalidate the proceedings, provided a names of existing or dedicaTed sireets or other public community as a whole, in general, including but not bona fide attempt To comply with ihis subdivision has lands, permanent buildings and siructures, easemenTS, limited To the following factors: Existing and an- been made. ticipaTed iraffic and parking conditions; noise, glare, 3. Rezoning AmendmenTS; Additional Procedures in section and corporate lines within the subject property odors; vibration, smoke, dust, air pollution, heat, liquid and wiThin a distance of one hundred feet (100) of the Subdivision B outer limits ihereof; or solid waste, and other nuisance characteristics; Rezoning amendmenis shall also be governed by the 6. Descriptions, reference ties and elevations of all drainage; poRUlaTion density; visual and land use provisionssettorihinSubdivisionBOfihissection. bench marks; compatibility with uses af and sirucTUres on surroun- 4. Public Hearing by Plannin4 Commission 7, Location of all monumenTS, existin9 at the time of diny land; adjoining land values; and the orderly Within sixty (60) days after the date of receipi of the the survey and those which the surveyor shall have developmenlofTheneighborhoodandtheCitywithinihe application by the Zoning AdminisiraTor or the Coun- locatedaTthecornersofihesubieciproperty; and general purpose and intent of fhis Ordinance and the cil's initiation of the amendment, the Planning Com- 8. Reference To and relations of municipal, township, Comprehensive Development Plan for the City. mission shall hold a public hearing and make a written county or section linesto linesof the subiect property by C. Imposition of Contli4ions: Violations Thereof report to the Council of its findings, conclusions and distances, angies, radii, inTernal angles, poinis and In the granTing of a Special Use Permit, the Council recommendations, unless the Commission, upon written curvatures, tangent bearinys and lengihs of all ares. may impose such special condiTions, in addition to the request of the applicant, grants a time extension. SiTe Plan general conditions and requirements of This Ordinance 5. AddiTional Hearings Council The site plan shall contain such information as may towhich every Special Use P2rmit shali be sublect, as it The Council may hold additional hearings wiihin be deemed necessary or desirable including, but not deems necessary to serve and protect the healih, safety, ihiriy (30) days after the receipt of the repori from the limited to the following: corvenience and generaf we!fare of the community. Commission. If the Commission fails to make a report 7. Locafion of all exisiing and proposed buildings and Such corditions may include, among other Things, a within sixty (60) days after receipt of the application, structures on and wiihin one hundred (100) feet of the time lim:t within which the special permitTed use, or a ihen the Council shall hold a Public Hearing within outer limits of the subject property, along with iheir portion Thereof, or improvemenis in connection ihiriy (30) days after the expiration of said sixty (60) heights, square footage and dimensions; iherewiih are To be establ ished, consiructed, completed, day period, unless the Council upon receipt of a written p. Location of curb cuts, driveways, parking spaces or commenced and a requiramer.t ihat the person or request, granis an extension of time. Failure to receive and off-street loading areas; firm to whom the Special Use Permit has been granted a report from the Commission as herein provided, shall 3. Location , size, and type of storage faciliTiesfor the deposii with the City either case or a performance bond not invalidaTe the proceedings or actions of the Council. sTOrage of irash, waste materials and snow; Page Seven . Ordenance 213 (continued) shall be maintained. A violation of any condition set 6. Indication of iocation, size, and iype of storage forih inThe Permit shall be a violaTion of this Ordinance facilities for the storage of irash and waste materials. 4. Plans for drainage, erosion conirol, sedimentation and shall be cause for revocation of the Permit. In the 7. Drainage plan of the proposed site. control; and event Thai the Council proposes to cancel or revoke a 8. Location of uTilities. 5. Location of utilities. Speciai Use Permit, except where such permit expires b. Lighting Plan d. Lighting Plan at a cerTain time by its own terms, the Council shall The lighting plan shall show the location and type of The lighting plan shall show the location and type of cause writTen notice ihereof to be given to the occupier any exterior lighting to be used to illuminate the any exTerior IighTing to be used to illuminate the and owner, and ihey shall have an opportunity to be proposed site. proposed site. heard, but no furiher notice need be given. c. Planting Plan e. Planting Plan 13. Administrative Records The planting plan shall indicaTe the location, size and The planting plan shall indicate the location, size, and The Administrator shall maintain a recprd of al I tYpe of proposed plant materials to be used on the site. type of allproposed planting materialsio be used on the Special Use Permits issued, including information on d. Siructural Plans site. the use, location, conditions imposed, Time limits, 1. Elevation drawings or illusirations indicating the f. STructural Plans review dates, and other such information as may be architecTural ireatment of all proposed buildings and l. Elevation drawings or illusiraTions indicating the appropriate. sTructures. archiTectural treatment of all proposed buildings and I1 shall be the responsibility of the Adminisirator to 2. General floor plans of all proposed buildings and strucTures. advise the Council of any expiring Time limit, prior To structures. 2. General floor plans of all proposed buildings and expiraTion and-or violation of any Special Use PermiT. 3. Type of use, number of employees, users or oc- siructures. D. Variances cupanis expecTed. 3. Type of use, number of employees, users or oc- 1. Aqherence to the provisions ot ihis Ordinance is 4. Type, location and treatment of interior and ex- cupanis expected. required except for special cases which arise because of terior mechanical devices, such as vents, exbausi fans, 4. Type, location and ireatment of inTerior and ex- the configuration of a parTicular parcel. A variance or air conditioners, elevators. terior mechanical devices, such as venis, exhaust fans, variances may be granted from specific provisions of 5. Design layout and size of al I proposed signs. air conditioners and elevators. ihis Ordinance because such land factors as length of a 6. Outline specificaTions for the proposed structures. 5. Design layout and sizeof all proposed signs. side of a lot, the shape of the lot or the unusual Terrain 2. Referral to Planning Commission 6. Outline specifications for the proposed siruciures. prohibit reasonable developmenY equivalent To ihat Upon the receipt of the application and the 3. Referral to Planning Commission which would be permitted without variance on a similar documenYationrequired,TheAdminisiratorshall place Upon the receipt of the application and the six (6) size lot located in the same disTrict, bui which lot has no the matter on the agenda for the Planning Com- copies of the documenTation required by the previous unusual configuration. mission's next regularly scheduled meeting unless such paragraph, the Administrator shall place the matter of p. In no case shall the graniing of a variance impair meeting is within seven (7) days of such receipt. In the the application on the agenda for the Planning Com- the healih, safety, comfori and general welfare of the event the application is received by the AdminisTrator mission's next regularly scheduled meeTing unless such Public wiThin seven (7) days of the next regularly scheduled meeting is within seven (7) days of such receipt. In the , nor will iT be conirary to the intent and purpose of the Commission meeting, it shall be piaced on the Com- event the application is received by the Ad m inistrator Comprehensive Plan, the Official Map, or this or any other Ordinance of the City. mission's agenda for the next subsequent regularly within seven (7) days of the regularly scheduled 3. Variances normally relaTe to the dimensional scheduled meeting ihereof. Commission meeting, it shall be placed on the Com- 3. Referral to Others mission's agenda for the next subsequent scheduled Provisions ofthe Ordinance such as,but notlimited to, building setback lines, lot area requirements and the The Adminisirator shall also refer copies of the ap- meeting ihereof, (either Special or Regular). like. Variances in use ihaT are not PlicaTion and required documentation in support ihereof 4. Referral to Others permitted in the disirici shall not be permitted. to other City officials who have an interest therein in The Adminisirator shall also refer copies of the ap- q, The Council may impose conditions in the granting accordance wiTh the required adminisirative plication and required documentation in support ihereof of variances to insure compliance and to protect ad- disiribution schedule. to other Cify officials who have an interest iherein in jacent 4. Planning Cammission Review accordance with the adminisirative distribution Properties. 5. Variance to heighT of sirucTure may be granted in The Planning Commission shall review the ap- schedule as from time to Time is established and accordance to VI B.3.b. plication and supporiive documeniation. The applicant maintained by the Adminisirator. 6. Procedure or his represeniative shall be given the opportunity to 5. Planning Commission Review The appear before the Commission to answer The Planning Commission shall review the a Procedure for the granting of variances is as questions or P- follows: give explanations regarding the proposed use. The plication and documentation in support Thereof and a. An application for a variance shall be filed with ihe Commission shall submit its report, containing its upon finding them To be complete, with the ownership Administrator stating the exceptional conditions and findings, conclusions, and recommendations as to the approved by the Atiorney, shall insiruct the Ad- peculiar difficulties claimed. Also submitted at ihis application, within ninety (90) days of receipT of full minisiraTOr to schedule a public hearing with all time shall be the required fee and supportive documentatian, to the Council. reasonable prompiness after such deTermination. documenTation as may be deemed necessary. No Building Permit for permitted principal uses in 6. Official Notice of Public Hearing b. The application shall be referred to the Board of Business or Industrial DisTricis shall be granted by the a. Pubiished Notice Appeals and Adjusiment for study concerning the effect Council until the report of the Commission has been The Adminisirator shall cause to be published in the on the character and developmeni of adjacent received and cohsidered by the Council. official newspaper of the City aT leasf ten (10) days but praperties. The applicanT may request to appear before 5. Action by the Council not more ihan ihirTy (30) days prior to the date of the the Board in order to answer questions and ta explain Within ihirty (30) days following the date of the public hearing on the application for a Special Use the request. The Board may hold public hearings as it receiptoftheCommission'sreporl,TheCouncil shallacT Permit, a nofice describing the proposed use and site deemsnecessarywheneverifdeterminesthatadjoining upon the application. The Council may, only upon iherefore and setiing for}h the location, time, date and property owners or other residents in the City should be Written request by the applicant, extend its time for purpose of such hearing. advised of the proceedings or given an opportuniTy to consideration and action. Nathing in this paragraph b. Mailetl Notice appear thereafter. shall prohibiT the Cauncil from holding such hearings as In addition to the notice required above, a similar c,yyithinihirty (30) days of receipt of application,the it deems necessary within the ihirty (30) day period notice shall be mailed by the Administrator ai least ten goard shall prepare a report of iTS findings and following the receipt of the report of the Commission. (10) days prior to the date of the official public hearing recommendations following its consideration of the Council aciion may include approval, approval with on the application, to each owner of properTy siTuaTed applicaTion. conditions, denial in whole or in parT, tabling for a wholly, or partly wiihin Three hundred and fifty (350) d. The reparT of the Board shall be sent specified period of time, or referral back to the Plan- feet of the properTy to which the application for Special simultaneously to the Planning Commission and the ning Commission for iTs furiher consideration of the Use Permit relates. Council. This report shall be considered by the Com- application and repori to the Council wi4hin a specified c. Record of Notice mission ai its nexT regular meeting after receipt of the Period of time. The applicanT shall be notified in writing A copy of the notice and a lisT of the names and ad- report, or aT such special meeting as the Commission of the Council's action. dresses to which the noTice was sent shall be attested !o shal I deem proper. In the event the Council denies in whole or in part the by the Administrator and shall be made a part of the e. The Planning Commission shall consider the a application, ii shall furnish the applicant with a writien records of the proceedings. plication and report its tindings and recommendations documeni advising him of the denial and specifying the d. Failure of Written Notice tothe Council within ihirty (30) days of iis receibt of the factual bases and reasoning upon which the denial was The failure to give mailed notice to individual goard's report. predicated, property owners shall noT invalidate the proceedings, f. The reporTS of the Planning Commission and Board 6. Resubmission of Denied Applications provided a bona fide aitempt to comply with ihis sub- of Appeals and Adjusfinent shall be placed on the No applicaTion which has been denied by the Council aivision has been made. agentla of the Courcil at its next regular meeting after shall be resubmitted for a period of ai leasT six (6) 7. Public Hearing the applicatipn has been considered 4y the Commission. monihs from the date on which said application was The Planning Commission shall conducT the public AT such meeting the Council shal I consider the report of denied. hearing. The applicant or his represenTative shall be the Board and the repori, if any, of the Commission 7. Expiration of Buifding Permit Approval given the opporTunity to appear before the Commission thereon. In the absence of a report from ihe Com- Building Permit approval shall automatically expire To answer questions or give explanations regarding the mission, ii shall be conclusivel and becomevoid one (1) year from and after the dateon Proposed special use. The Commission may ad ourn the Y presumed PhaY the ~ Commission has no objection to the Board's report and `ti'hich the Council granted such approval if the Building public hearing to its next meeting, either regular or recommendation. PermiT has noT been issued by the Building Inspector. special, and may continue its sTudy and consideraTion of g. In considering applications for variances, the The Council may extend the expiration daTe of such the application aT meetings subsequenT to the meeting Council shall consider the advice and recommendations PermiT approval for an additional period not to exceed at which the public hearing was initially held. Upon of the Board and the Commission and may grant the six (6) monihs upon written application by the person to compleTion of the public hearing and iTs sTudy and variance if ii de4ermines ihat the variance is per- Whom the Permit approval was granted. consideration of the application, the Commission shall missible in accordance with the foregoin4 standards. 8. Per7odic Review submit iTS written reporT, containing iTs findings, Variances may be denied by mofion of the Council and A Periodic review of the permit and its conditions conclusions, and recommendaYions as to the ap- such motion shall constitute a finding and deter- shali be maintained. A violation of any condition set plicaTion, To the Council. mination That the conditions required for approval do forih in the permitshall be a violation ot ihis Ordinance, NoSpecial Use Permit shall be granted by the Council not exist. No applicaTion for a variance which has been and shali be cause for revocation of the permit. In the unTii a public hearing has been held Thereon by the denied wholly or in parT shall be re-submiited for a event ihaT the Council proposes to cancel or revoke a Commission, and the repori of the Commission has been Period of six (6) months from the daYe of said order of Permit, the Council shal I cause written notice ihereof to received by the Council. deniaL be given To the uccupier, and owner shall have an op- 8. Action by the Council h. It is contemplated ihat any work involved or Portunity To be heard, but no furiher notice need be Withinsixty (60) daysfollowing the date of the receipt required by reason of a variance will tre commenced 9iven. 9. Adminisira4ive Records of the Planning Commission's report the Council shall Prompiiy and concluded wiTnin a reasonable time. The Zoning Administrator shall maintain a record of act upon the application for a Special Use Permii. The Accordingly, all variances shall be granfec! on the aIl oermits issued, including informaTion on the use, Council may, only upon wriTTen request by the ap- automaTic condiTion that such work shall commence wlocation, conditions imPosed, time limits, review daTes, plicanT, extend its time for consideration and acTion. q iihin six (6) monihs after the gran?ing of the variance majority of ihe full Council shall be re uired To grant a and toncluded within one (1) year afier such graniing. and such oiher information as may be appropriate. q This condition need not be specifically sTated within It shall be the responsibility of the Adminisirator to Special Use Permit. Nothing in ihis paragraph shall prohibii the Council from ho!ding such additional the variance, and this is noi intended to limit the advise the Council of any expiring time limit and-or hearingsasitdeemsnecessarywiThinihesixiy (60) day authoriTy of the Council wiTh respect to imposition of violation. other or difterent time limitations {f deemed proper in F. Structure RelocaTion period following the receipt of the reporT of ihe Com- the particular case. Any house or other siructure to be moved onto a mission. Council action may include approval in wholeor part, It shall be the responsibility ef the Adminisirator to aacant lot in Arden Hills shall fully comply wiih all denial in whole or part,?abling for a specified period of check on ihese time limitations or any other limitations PPlicable provisions otthis Ordinance and the Building time, or referral back to the Commission for its furiher contained in the variance and advise the Council of any Code. Applicanf shall submit documentation and allow consideration and report to the Council within a breach 9hareof. Breach of the limitations, whether inspeciion to ensure compliance with all applicable specified period of time not to exceed sixty (60) days COntainzd herein or specifically in the variance itself codes. from the date of such referral. The applicant shall be shall be grounds for cancelling the variance. G. Planned Unit Development Permits Site Plan Review 1. Purpose and InTenT noTified in writing of the Council's action. E. The issuance of a Building Permit for any permiTted The purpose of ihis subsecTion G is to encourage, 9. Denial of Special Use Permit In the event the Council denies in whole or in pari the Principal use, or the modification o4 any sife im- preserve ~,~elfare of and ihe imcitrove izens of the the C healihit, of A safety ardennd Hill general s b application for a Special Use Permit, it shall furnish ihe Provement listed herein for any established use, wiThin Y Y applicant wiYh a writTen documenT advisin4 him of the any Business or Indusirial zoning district shall require encouraging the use of contemporary land planning denial and specifying the factual bases and reasoning the following site plan review procedure: principles and coordinated community design through a upon which the denial was redicated. 1. Documeniation R2quired planning and design technique hereinafter referred to p The applicant shalf file along with the required ap- as the "Planned Unii Developmeni" or "PUD," which 10. Re-submission of Application Denied romotes the develo ment of land in a unified manner No application for a Special Use Permit which has Pl ication and fee, six (6) copies of the following docu byfreatingtheentir developmenTasasingleeniityand been denied by the Council shall be re-submiTted for a mentation to the Adminisirator: relaxing the sirici application of s4antlard zoning and period of at least six (6) monihs from the date on which a. Site Plan subdivision requiremenis. The iollowing provisions are said applicaTion was denied. The site plan shall contain such information as may 11. Amendments of 5 ecial Use Permit be deemed necessary or desirable inciuding, buT not intendetl to ensure }haS the Planned Unit DevelopmenT P limiied to the following: technique is properly and effectively utilized. it is in- An amended Special Use Permii application shall be 1. A ploi plan or survey, tlrawn to scale by a registered tended ihai ihese provisions will foster: administered in a manner similar to that required for a surveyor, delineating site dimensions inc!uding lot lines a. Flexibility in land development to benefii from new new Special Use Permit. Such applications shall include and setbacks therefrom. technology in building design and consiruction and in a re-applications for PermiTS ihat have been denied, p. Lowtion of all buildings and siructures on and land development. revoked, or have expired; renewal of temporary per- Withinonehundred (100) feetofiheproposedsite. b. Variety in the organization of site elemenis, land mits;requesisforchangesinconditions;andsuchother 3. Location of all buildings, heights, and square uses (non:resideniial and residential), building den- instances as are provided for in This Ordinance. footage. sities, and building and dwelling types; 12. Periodic Review A periodic review ef the Permit and its conditions 4Curb cuts, driveways, parking spaces. c. Higher standards of site and building design 5. Off-sTreet loading areas. ihrough the use of trained and experienced professional Page Eight t • ~ Ord i na nce 2 1 3 (con ti n ued) 3. General Plan of consiruction relating each proposed use and siruc- a. Application, Documentation and Administrative ture to the consiruction of the various services and _ land planners, landscape architects, registered ar- Procedure facilities as may be required herein. Said componenT chitecis, engineers and surveyors to prepare plans for Within six (b) months after obtaining concept ap- shall include estimated completion dates and shall all Planned Unit Developments; proval or within such exiended period ot Time as the specify the proposed order of request for utility release d. Preservation and enhancement of desirable site Council has agreed to or as an alTernative to submitting or authoriTy to occupy completed siructures so as To characierisiics and open space; a concept plan for approval,ihe applicani for general provide a basis for determining the adequacy of the e. More efficient and effective use of land, open space plan approval of a Planned Unit DevelopmenT shall related services and facilities for each separate con- and public facilities; and complete and submit to the Zoning Adminisirator an sirucTion phase. f. Effectuafion of policies and standardsof the Arden application on such forms as are provided by the Ad- 7. Additional ComponenTs Hills Comprehensive Developmeni Plan. ministrator together with the required fee and six (6) The General Plan of Development may include as 2. Concept Plan (OpTional) copies of the documentation required in Section VI I I. C. additional componenis; A Recreation Component; a a. OpTional Procedure 2. of ihis Ordinance plus the additional documentation Public Building Component, providing for consideration An application desiring approval of a Planned Unit required herein-below in the next subparagraph hereof for administrative and public safety quarters; and such Development has the opTion of firsi applying for concept With respect To development iracis five or more acres in other ComponenTS indicated by the nature of the par- approvai ihereof and then proceeding to obtain general size or of such complexity ihat more deTailed and ticular proposed development. plan approval, or may instead apply in the first insiance complete plans are warranTed. He shall alw inclutle in B. Contractual Component for general plan approval without first having to obtain said documentation, in addition to the documentation This component shall contain any and all proposals concept plan approval. required by said Section V I I I. C. 2., a written sTaTement for homeowners' agreemenis, convenanis and b. Application, Documenta4ion and Administrative ihat the general plan is in conformity with the plan as resTrictions proposed for the development and-or Procedure conceptually approved by the Council, or if iT is not in management proposals and plans for the development, 7he applicani for concept approval of a Planned Unit conformity with the plan as conceptually approved by and any oiher agreemenis or contracis affecting the Development shall complete and submit to the Zoning the Council, he shall specify in said wriiTen statement owner or owners of individual units or of the entire Adminisirator an application on such forms as are all the deviations from the concept plan. prolect proposed under the general plan procedure. provided by the Adminisirator together with the The administrative procedure ihat the City shall d. Denial of Application for General Plan Approval required fee and six (6) copies of the following follow in processing such application shall be ihat In the event the Council denies the applicaTion for documentation: procedure Set forih in Section VI 11. C. of ihis Ordinance General Plan approval, it shall furnish the applicant 1. Ownership Report in itSenTirety plus the additional requiremenTS provided with a written document advising him of the denial and Ownership Report which complies with Section V I I I hereinbelow in ihis subsection G. of Section VI I I of This specifying the factual bases and reasoning upon which B. 2, a. of this Ordinance. Ordinance. For purposes ofihis subseciion G.of Section the denial was predicated. 2. Survey V 11 i of this Ordinance, the phrase "Special Use PermiT" e. Resubmission of a Denied Application Survey which complies with Section VIII 6.2.c. as used in Section VIII. C. shall be deemed and mean No application for general plan approval and a 3. Site Plan "Planned Unit Development PermiT," and upon the planned Unit Development Permit which has been Site plan showing the location of all existing and Council's approval of the applicant's general plan, it denied by the Council shall be resubmiTted for a period proposed siructures on the entire development iract, shall grant and issue a Planned Unit Development of at leasT one (1) year from the date on which said includinq all portions Thereof locaTed in an adlacent PermiT. application was denied. municipali4y. b. OTher Requirements Applicable ta Planned Unit f. STaged Developments 4. Written Statement Development Permit It is recognized ihat certain Planned Unit Develop- A written statement by the land owner setting forth In making iTS decision as To whether to approve the menis may involve the staging of consiruction over a the following: applicant's general plan and grant a Planned Unit substantial period of time. If the Planned UniT a. The size of the development iract; Development Permit to him, the CiTy Council shall be Development is proposed to be developed over a period b. The nature of the applicant's interesT iherein; 9uided by the provisions of Section VII. A. B. and C. which will exceed Two (2) years, the applicant may c. The density of land use to be al located to the paris After the Planned Unit Developmeni Permit has been request general plan approval of the enTire proiect and of the area to be developed; 9ranted, the provisions of Section V I I. D. E. and F. shall the first stage ihereof and permission to submit detailed d. The function, ownership and manner of main- be applicable To such Planned Unit DevelopmenT iniormation respecting each successive siage of the tenance of common open space; Permii and the Planned Unit Development to be con- development as the same is reached. Detailed plans e. The feasibility of proposals for the disposition of siructed in accordance therewith, and any references in shall be submitted for approval to complete the sani4ary waste and storm water; said Section VII. to "Special Use PermiY" shall be requirement of the general plan for each stage, in ac- f. The period of time wiihin which the developmeni deemed for purposes of ihis Seciion VIII. G. to mean cordance with the approved Consiruction Order iracf will be developed and a staging schedule; "Planned Unit Development Permii." Component forming a part of the Planned Unit g. The required modifications in the zoning and c. Additional Documentation Required tor General Development Permit. Said Consiruction Order Com- subdivision regulations otherwise applicable to the Plan for Larger Complex Areas ponent shall be made a required part of the documen- development tract; and 1. Land Use Component tation necessary for general plan approvals of ihis sort. h. The reasons why, in the developer's opinion, the A land use component shall consist of a map or maps g. Final PIaT modifications from the strict applicaTion of the zoning setting forih the disiribution,location and extent of the Unless the requiremenT for a final plat has and subdivision requirements otherwise applicable to area of land devoted to each caTegory of land use specifically been waived by the City Council in its the development iract and the Planned Unit Develop- existing and proposed as parT of the general plan of issuance of the Planned Unit Development Permit, the ment in general would be in the public inTerest and development including, but not limited to, the existing permittee of such Planned Unit Development Permit wouid be consisienT with the City's Comprehensive and proposed coverage of area by bui Idings and sTreets. shall, not later ihan ihree (3) monihs after the date of Development Plan and the general purpose and intent of Said map or maps shall encompass not only ihat portion the Council's approval of his 9eneral plan and granting this Ordinance, of the development iract located within the City but also of such Permit, proceed to seek the City Council's ap- After submission of the application and documen- any portionihereof located in an adjacent municipality. proval of his final plat of the development tract or a tation required above, the City of Arden Hills shall Said component shall also contain a description portion thereof by following the procedure and follow the adminisirative procedure for obtaining a sTatementofobjectivesprinciplesandstandardsusedin providing the documentation required for final plat Special Use Permit set forih in Section VI 11. C.3., 4., 5., iTS formulation. approval in the City'S Subdivision Ordinance. In the 6 and 7. NoThing herein contained shall be deemed to z. Traffic and Parking Component event the permittee fails to commence such proceedin9 forbid or discourage informal consultations between the A iraffic and parking component shall consist of a to obtain final plat approval within said ihree (3) applicant and the CiTy Planner prior to the filing of an map or maps setting forih the 9eneral location and monihs period, the final plat, Planned Unit Develop- applicaTion for concept approval provided no statemenT extent of all transportation and parking facilities ment Permit, and general plan shall be considered void, or representation made by said Planner shal I be binding existing and proposed as part of the general plan of nullified and revoked unless an extension is requested in upon the City of Arden HillsdevelopmenT of the entire development tract including writing by the permittee and for good cause granTed by c. Action by Council any portion Thereof located in an ad jacent municipality. the City Council. Upon approval by the City Council, the WiThinsixty (60) daysfollowing }hedate of the receipt In addition, it shall include, among other things, final plat shall contain on its face a cross reference to of the Planning Commission's report, the Council shall documentation, daTe or expert Testimony in sufficienT the previously approved Planned Unit Development act upon the application for concept approval. The deTail to show the impact of iraffic expected to be permitandthegeneralplanmadeapartihereof. Council may, only upon writTen request by the ap- 9enerated by the proposed development over the course h. DevelopmenT Agreement and Bonding to Assure plicant, extend its time for consideraTion and action. A of its growih and expansion upon the curreni and performance and Conformance to General Plan majority of the full Council shall be required to grant projected iraffic in surrounding streeis; to demonsTrate To assure ihat all improvemenis to be consiructed as concept appreval. NoThing in ihis subsection shall theadequacyofparkingfacilitiesinlighiofexistingand part of the approved general plan are completed in prohibit the Council from holding such additional Projected population of the development; and to show accordance with the terms and condiTions of such plan, hearings as it deems necessary within the sixty (60) day adequacy of sireets providing access to and from or each phase Thereof as outlined in the Consiruction period following the receipt of the report of the Com- proposed and existing parking faciliTies. Said com- Order Component, the City Council ai the time of its mission. ponenT shall also contain a descripTive statement of approval of said general plan or any final plaT required Council acTion may include approval of the concept obieciives, principles and standards for its formulation. ihereby, whichever is later, may require the permiTtee " plan as submitted, approval of the concept plan subject 3. Population Component to enter into and file with the Administrator a !o specified conditions noT included in the plan as sub- A PoPUlation component shall contain a descriptive DevelopmenT Agreement with the City and a corporaTe mitTed, denial of the concept plan as submittetl, tabling staTement of the standards of populaTion density and surety bond guaranteeing the faithful performance of for a specified period of }ime, or referral back to the building inTensity for the various proposed land uses, the permittee's obligations under said Development Planning Commission for iTS furiher consideration and including estimates of future population charaeteristics Agreemeni and the completion of all improvements report to the Council within a specified period of time and change with the planned community correlated provided for in said general plan in a penal sum equal To rot to exceed sixty (60) days from the date of such re- with the other componenTS of the general plan of one hundred andiwentyfive percent (125 percent) of the referral. The applicant shall be notified in writing of the developmeni. The supporiing data shall include, but not cost of such improvemenis as estimated by the City Council's action. be limited to, dwelling (housing) units per acre for the Engineer, which AgreemenT and bond shall be filed with d. Concept Approval Subject fo Specified Conditians various residential uses proposed; and square fooTage the AtlminisTrator no later than ihirty (30) days afier In the event concept approval is granied subject fo by Type for the various non-residential facilities in- such requirement has been made by the City Council. In specified condiTions, the applicant shall, within lorty- cluding sufficient data to calculate Traffic generation, the evenT the permittee has failed To enTer into said five (45) days afTer receiving the writTen notice of the parking requirements, water consumption, sewage Agreement and to file the same along With said bond Ccuncil's decision, notify in writing the Council of his needs and the necessary capacity of relaTed utilities and with the AdminisiraTOr by the expiration of said ihirty ; efusal to accep4 all of said conditions in which case the servicas traditionally rendered by public antl private (30) days period, the Planned Unit Development Per- Council shall be deemed to have denied concepT ap- organizations for a population of such size as is mit, final plat (if any), and approved general plan shall proval of the plan. I n the evenT the appl icanT does noT so proiected for the completed, planned development. be deemed void, nullified and revoked unless an ex- notify the Council within said period of his refusal to 4. Subdivision Design Component tension is requested in writing by the permittee and for accept al I of said conditions, concept approval of the I n the event the development Traci is to be subdivided, good cause granted by the City Council. The Develop- plan with the specified conditions shall stand as gram the developer shall submit a subdivision design com- ment Agreement may provide for several bonds ted. ponent, otherwise, such componenT shall noi be covering separate aspecis of the Planned Unit e. Denial oE Application for Concep4 Approval required. A subdivision design component shall contain Development, the aggregate of which shall total one In the event the Council denies the application for a descriptive statement of the principles governing the hundred and twentyfive percent (125 percent) of allihe concept approval, it shall furnish the applicant wiTh a proposed subdivision of land including lot design for improvemenis to be constructed and completed by the written documenf advising him of the denial and variousproposedlanduses.Thiscomponeniwillinclude permittee pursuant to the approved general plan, in specifying the factual bases and reasoning upon which all of the documentation necessary for preliminary plat which case each said bond required by such Develop- the denial was predicated. approval as found in the Subdivision Ordinance of the ment Agreement shall be filed along fherewith within f. Resubmission of a Denied Application City of Arden Hills, unless waived by the Planning the period above-sTated. It may also require guarantee No application for concepT approval which has been Commission or Council. This component shall be in bonds in the penal sum of one hundred percent (100 denied by the Council shall be resubmi}ted for a period sufficient detail so ihat it can serve as the basis for percent) of the cost of completed improvemenis, as of at IeasT six (6) monihs from the date on which said determining the conformity of any site plan to the estimated by the City Engineer, to guarantee such application was denied. general plan of developmenT. improvemenis for whatever lengihs of time are g. Effeci of Concept Approval 5. Services and FaciliTies Component specified iherein. The release of any bond or any portion Concept approval shall in no way bind the City Council A services and facilities componenT shal I contain ihereof shall either be governed by the terms and to subsequenT approval of the general plan and issuance map(s) setiing forih the general location and extent of provisions of such Development Agreement or shall be of a Planned Unit Development Permit pursuant any and all existing and proposed sysiems for sewage, based upon the recommendation of the City Engineer or ihereto. A plan which has been given concept approval domestic water supply and disiribution, refuse disposal, City Planner and approval ihereof by the City Council. as submiTted or which has been given concept approval drainage, local utilities and righis-of-way, easemenis, i. Open Space Easements and Covenanfs with conditions which have been accepted by the ap- facilities and appurtenances necessary iherefore. In To assure the City of the continued maintenance of plicani, provided the applicant has not defaulted nor addiTion, it shall include a grading plan showing in any open space, recreational areas, common areas and violated any of the conditions of the concepT approval, sufficient detail the amount and type of fill or ex- the likewhich are proposed to be owned and maintained shal I noT be modifietl or revoked nor otherwise impaired cavation fo be used to accomplish the grading of the by a homeowners' association to be formed by the bv acTion of the City pending an epplication for general development Tract; or portion thereof, the contours of permittee will not be devoted To purposes other ihan plan approval, without the consenT of the applicani, the areas to be graded, and provisions made for siorm those for which they were originally intended, the City provided an application for general plan approval is Water drainage sothat the City can assess the impaci of Council may require ai the time of its approval of the submitted to the City in the manner hereinafter such grading upon the remainder of the development general plan or its approval of any final plaf required provided wiThin six (6) moniYis of the date on which irad and the surrounding neighborhoods. Said com- }hereby, whichever is later, ihat the permiTtee execute concept approval of the plan was granted by the ponent shall also contain a descriptive statement setting and grant to the City Open Space Easemenis and Council. The Council may, only upon written request by forih obiectives, principles and atandards used for iis Covenanis, approved by the City Council at the time the applicant, extend ihis six (6) monihs' period. In the formulation, as well as a detailed statement describing such requirement is made, which shall be filed by the eveniihe applicant shallfailTO file said application for the proposed ownership, method of operation and permittee wiThin ihirty (30) days after the City Council general plan approval within said six (6) monihs period, mainTenance of each such service and facility. has made such requirement. In the evenT the permitiee upon the expiration of said period of tim= the concept 6. Construction Order Component has failed To execute said Open Space Easemenis and approval of his plan shall be deemed to have been A construction order component shall conTain a map Covenanis and to file the same wiih the Adminisirator revoked and nullified. or maps seTting forih the proposed chronological order by the expiration of said ihirty (30) days period, the Page Nine ~ .~R' • Ordinance 213 sTructure, or portion thereot, constituting or containing E. Land Reclamation (continued) a non-conforming use, which has been declared unsafe In addition to ihe requiremenis set forih in this Or- Planned Unit Development Permit, final plat (if any) by ihe Building Inspector or other adminisTrative of- dinance, land reclamaTion activities are subject To ihe and general plan shall be deemed to be void, nullified ficer. requiremenis contained in ihe Arden Hills Code of and revoked unless an extension has been requested in C. Construction Approved and Begun Prior to Ef- Ordinances and amendments thereto. writing by ihe permittee and for good cause granted by lective Date F. Signs the CiTy Council. To avoid hardship, nothing in this Ordinance shall be In addition to ihe requiremenis set forih in ihis Or- SECTION IX - BOARD OF APPEALS AND AD- deemedlorequireachangeinTheplans,consirucTionor dinance, all signs are subject to ihe requiremenis JUS7MENT designated use of any building for which a building coniained in ihe Arden Hills Code of Ordinances and A. Appoiniment permit has been issued and ihe consiruction of which amendmenis ihereto. At ihe first regular meeTing of ihe Council after the hasbegunpriortotheetfectivedateofihisOrdinanceor G. Massage, Sauna, and Rap Parlors effective daTe of ihis Ordinance and ihereafter at ihe any amendmenf hereto. In addition to ihe requiremenis set forih in this Or- first Council meeting in each calendar year, ihe Mayor D. Prohibited AcTivities; Non-Conforming Use dinance, all massage, sauna and rap parlors are sublecT shall appoinT a Board of Appeals and AdiusTments. The No non-conforming use shal I be changed to a different to the requiremenis contained in ihe Arden Hills Code of Board shall consist of not more ihan five nor less than non-conforming use, enlarged, intensified, increased, Ordinances and amendmenis ihereto. ihree residenis of ihe City, and ihe Mayor shall appoinT extended to occupy a greater area of The lot on which or SECTION XI I- ENFORCEMENT one of ihe members as its chairman. The appoinTmenis building in which it is located, moved to any oTher part A. Enforcing Officer shall be submitted To The Council and shall become of the lot on which or building in which it is located, 1. 7his Ordinance shall be adminisTered by ihe Ad- effeciive upon approval of the Council by a majority - constructed, reconsiructed, siructurally altered or ministrator and enforced bythe City Council which may vote of ihe entire Council. Vacancies during ihe remodeled (except as provided in ihe next paragraph insTitute inihe name of The City any appropriate actions calendar year shall be filled by appoinimenT of ihe hereof). or proceedings against a violator as provided by law. Mayor with approval of the Council by a malority voTe E. Repairs, Maintenance and Interior Remodeling; 2• The adminisirator, appoinied by ihe Council shall: of ihe entire Council. Non-Conforming Use a. Determine if applications comply wifh the B. Organization and Procedures Ordinary repairs, maintenance and interior requiremenis of ihis Ordinance. 1. EstablishmenT of Procedures remodeling not involving structural alieration of ihe b. Shall cause Building Inspector fo conduct in- The Board may establish iis own rules of procedure, building constiTUting or containing a non-conforming speciions of buildings and ihe use of land to determine which shall not be inconsistent with or conirary to The use, are hereby permitTed. compliance with ihe requiremenTS of ihis Ordinance. staTUTes of the State of Minnesota or the ordinances of F. Restoration; Non-Coaforming Use c. Maintain current and permanent records of this fhe City. A building or siructure constituting or containing a Ortlinance,including but notlimited to,ihe zoning map, 2. Appoiniment of Additional Officers non-conforming use hereafter damaged or destroyed by amendmenis, special use permits, variances, appeals The Board may appoint such furiher officers as it any cause may be resTored if ihe fair market cost of and applications. deems necessary, including a Vice-Chairman and such restoration would be less ihan fifty percenT (50 d. Receive, file and fonvard all applications for ap- Secretary. percent) of ihe fair markei value of such building or Peals, variances, special use permiis and amendmenis 3. Voting siruciure on ihe daTe immediately prior to ihe date on To ihe appropriate official bodies. Each member, including the Chairman, shall be which such damage or desiruction occurred as deTer- B. Fees entitled to vote on all questions. mined by the Building Inspector. 1. The fees for the various applications of ihis Or- 4. Records G. Discontinuance of Non-Conforming Use dinance shall be established by ihe City Council. Such The Board shall keep written records of its minutes, If a non-conforming use is discontinued or ceases to fees may be reviewed and revised by the Council its proceedings, and ihe findings and determinations exisl for any reason for a one (1) year period, ihe Periodically. made by it on all maTters referred to it. building or siructure constituting or containing ihe non- 2. The required fee is payable at the time of ihe filing 5. Hearings conforming use, or the land upon which the non- of ihe application with ihe Zoning Administra*or. Ap- The Board may hold hearings as it deems necessary conforming use is being conducted, shall ihereafter be Plications shall not be placed on ihe Planning Com- wheneverit determinesihat adjoining property owners used in conformance wiTh ihe regulations of this Or- mission's agenda unless ihe appropriate fee has been or other residenis in ihe CiTy should be advised of ihe dinance applicable to Yhe zoning district in which it is paid; however, no fee shall be charged for discussion proceedings or given an opportunity to appear located items. fhereafier. H. AmorTization of Non-Conforming Use C. Violatians and Penalties C. Powers A building consiituting or containing a non- 1. Any person, firm, corporation, or voluntary The Board shall have The following powers: conforming use shall be torn down and removed from association which violaTesor refuses to comply wiTh any 1. Appeals the lot on which it is located, or converted to a con- of ihe provisions of ihis Ordinance shall be guilty of a To hear appeals where it is alleged That there is an forming use, by the end of a reasonable period of misdemeanor for each day of violation, and upon error in any order, requirement, decision, or deter- amortization ihereof; in no case less than 5 years after conviction ihereof shall be subject To a fine of not more mination made by an administraTive officer in ihe notification by ihe City Council. than five hundred dollars ($500.00) and-or im- application and-or en(orcement of ihis Ordinance, and prisonmenT noT to exceed ninety (90) days. report its findings and determination to the Council for f. Prohibited Activities; Non-Conforming Building 2. In ihe event of a violation or a Threatened violation its aciion. No nomconforming building shall be increased, of this Ordinance, ihe Council, in addition fo other 2. Variances enlarged or altered in a way which augmenis its non- remedies, may insTifuTe appropriate actions or To hear requesis for variances from ihe literal conformity. proceedingsTO prevent,resirain,correct,or abate such J. ResTOration; Non-Conforming Building violations or ihreatened violations and it shall be ihe provisions of ihis Ordinance in instances where iheir In The event a non-conforming building is hereafTer duty of ihe Attorney to institute such action. siricten;orcemenTwouldcauseunduehardshipbecause desfroyed by any cause, it shall not be restored or SECTION XI11 - EFFECTUATION of rircumstances unique to ihe individual property reconsiructed excepT in conformity with ihe applicable A. Separability under consideration, and to recommend ihe granting of such variances only when it is demonstrated That such requiremenis of ihis Ordinance. It is hereby declared to ihe intention ihaT The several action will be in keeping with ihe spiriT and intent of ihis K. ConsTrucTion of SingleFamily Dwelling and Ac- provisions of this Ordinance are separable in ac- Ordinance. cessory Buildings on Non-Conforming LoT cordance with ihe following: 3. Referrals A singfe family dwelling and customary accessory 1. If any court of competent jurisdiction shall adjud9e The Board shall consider such other matters as may buildings, may be erected in any disirici in which single any provision of ihis Ordinance to be invalid, such be referred To it by The Council, Planning Commission, family dwellings are permitted on any single lot of judgement shall not affeci any other provision of This Zoning Administrator or as required by other or- recordatTheeffectivedateofadoptionoforamendment Ordinancenoispecifically included insaid juiigement. dinances. to this Ordinance, provided Thai al I other requiremenis 2. If any couri of competent jurisdiction shall adjudge 4. Effect of DeTerminations are met for ihe disTrict inwhich iT is located. invalid ihe application of any porTion of ihis Ordinance Thefindings and determinationsof ihe Board shall be SECTlON XI - SPECIAL PROVISiONS To a particular property, building, or other siructure, advisory only and shall have no binding effect. The A. Mobile Home Parks such judgemenT shall not affect the application of said Council may take such action on ihe findings and In addition to ihe requiremenTS set Forih in ihis Or- provision to any other property, building or sTruciure recommendationsof ihe Board as itdeems proper in ihe dinance, mobile home parks are subject to ihe noT specifically included in said iudgement. circumstances. requiremenis contained in ihe Arden Hills Code of B. erdinance,; Repealed SECTION X - NON-CONFORMING U3E5 Ordinances and amendments ihereto. 7he following ordinances are hereby repealed: BUILDINGS AND LOTS B. Swimming Poals Ordinance No. 99, and all ordinances repealed A. Intent In addition to ihe requirements set forth in ihis Or- ihereby; ordinances 113, 123, 130, 136, 738, 139, 146, 148, A non-conforming use may be continued subject to ihe dinance, swimming pools are subject to the 752, 173, 174, 188, 196, 197, 199, 201 & 202. provisions of ihis Section, but it is ihe inTent of ihe Or- requiremenis cortained in ihe Arden Hills Code af C. Effective Date dinance not to encourage its survival because of its ordinances and amendmenis ihereto. This Ordinance shall be effective from and after its incompatibility with permitted uses in ihe zoning C.Mining adoptionbyTheArdenHillsCityCounciiandpublication district inwhich it is locaTed. A non-conforming building In addition To ihe requiremenis sei forih in this Or- in ihe New Brighton Bulletin. may continue to exist so long as it is used for purposes dinance, mining activifies are subject to the Adopted by ihe Arden Hills City Council ihis 28ih day permitted in The zoning disirict in which it is locatetl requiremenis contained in ihe Arden Hills Code of of February, 1980. because iTS incompaTibility is merely technical in Ordinances and amendmenis ihereto. Attest: D. Soil Processing Charlotte McNiesh nature. In addi4ion to ihe requiremenTS se4 forth in ihis Or- Clerk Adminisirator B. Unsafe Building or Structure dinance, soil processing acfivities are subject to the Henry J. Crepeau, Jr. Nothing in this Ordinance shall be deemed To prevent requiremenis contained in the Arden Hills Code of Mayor the resToratipn to a safe condition of any building or Ordinances and amendmenTS ihereto. (Bulletin: March 6, 1980) Page Ten ti ` a SMOREVIEW , A f . ~ _ _ i ~ a Arden N1 _2 _ R-1_ ' . Z o ni ng ; - ~ F` Ordinance 7_(4'tt~' G'l7-lLS C~I1t)NllVCL t'L4N7- ~i ; NO. 213 ~ F~ o~-_ ~'3 I ` T • - - ~ Districts r ~ W ~ R-I Single FaMily Resi- dential Dtstrict R-2 S i n9I• and Two Fami I YE,1 Residential District R-3 Tornhouse and Low DensitY Multiple Drel I ing Dtstrict R-4 Multipls Drslling D i s t r i c t ,~j j B-1 LIm(ted Business F ` - - District B-2 General Business D i s t r i c t _ ~ ~ ~ - - - f-I Llmlted Industrial District ~ I-2 6sneral Industrlal District . ~ G ~ , ~ L a -2 p H a . . ~ ~ - Zaning District Map A - - CITY OF ARDEN HiLLS, MINNESOTA B~2 ~ NEM BRIGHTON ~ Adopted Feb. 25, 1980 4 ~4 Short, EI{iott, Hendrickson, Inc. ~ • ~ I - ~ ~ r~ ~ 'm_ ~~1 _ ~ St. Paul, MinnesoTa - Chippewa Folls, Wisconsin X~ ~r- B _2 B Z Page One ' i . Arden Hills Zoning Ordinance STATE OF MINNESOTA B.-Rezonings ordinance or regulation impose greater resTrictions COUNTY OF RAMSEY C. Special Use Permits than this Ordinance, the provisions of such staTute, CITYOFARDEN HILLS D, Variances other ordinance or regulation shall be conirolling. ORDINANCEN0.213 E. Site Plan Review D. DefiniTions AN ORDINANCE AMENDING ARDEN HILLS OR- F. Struciure Relocation 1. Acre-A quantity of land containing 43,560 square DINANCE NUMBER 99, THE ZONING ORDINANCE, G. Planned Unit Development Permits feeT or 160 square rods in whatever shape and pattern IN ITS ENTIRETY BY CODIFYING PRIOR AMEND- SECTION IX - BOARD OF APPEALS AND AD- (e.g. circular, square, iriangular, irregular, broad, or MENTS THERETO AND MAKING FURTHER JUSTMENT narrow). AMENDMENTS TO THE PROVISIONS A. Appointment 2. Acre, NeT - One (1) acre of land, as finally built REGULATING THE USE OF LAND, THE LOCATION B. OrganizaTion and Procedures upon, minus the following: AND 7HE USE OF BUILDINGS AND 7HE C, Powers Two-ihirds (2-3) of ihat portion of the acre en- . ARRANGEMEN7 OF BUILDINGS ON LOTS IN THE SECTION X- NON-CONFORMING USES AND compassed wholly or partially by wetlands, lakes, CITY OF ARDEN HILLS,MINNESOTA: ADOPTING A STRUCTURES sireams, poiholes, swamps and marshlands; iwo-thirds ZOING MAP: ENACTING ADMINISTRATIVE A. Intent (2-3)ofihatportionofiheacreencompassingwhollyor PROCEDURE FOR ENFORCEMENT: REPEALING B. Unsafe Buildin9 or Siructure partially soil, the top seven (7) feet of which will not INCONSISTENT ORDINANCES: AND IMPOSING C, ConsTruction Approved and Begun Prior to Ef- bear 1500 pounds per square fooT; one-half (1/2) of ihat PENALTIES FOR VIOLATIONS THEREOF. Fective Date porTion of the acre encompassing wholly or parTially ZONINGORDINANCE iNDEX D. Prohibited Activities; Non-Conforming Use hills, mounds, or slopes ihat drop at a rate of iwelve PART I: E. Repairs, MainTenance and Interior Remodeling, percent (12 percent) or more per every fifteen (15) feet ESTABLISMMENTOFORDINANCE Non-Conforming Use ormoreofdisiance;andiheentireareaofsireeTS. SECTION I- 71TLE, PURPOSE AND INTENT F. Restoration, Non-Conforming Use 3. Administrative Officer - The Zoning Ad- A. TiTle G. Discontinuance of Non-Conforming Use ministrator, Building Inspector, iheir deputies or B. Purpose and Intent H. Amortization of Non-Conforminq Use assistanis, and any other officials of the City charged SEC710N li - RULES, SCOPE, INTERPRE7ATION I. Prohibited Activities; Non-Conforming Building withorenga9edintheadminisirationof ihisOrdinance AND DEFINITIONS J. Restoratfon; Non-COnforming Building or any portion ihereof. A. Rules of Consiruction K. Consiruction of Single-Family Dwelling and Ac- 4, qdminisirator - The Zoning AdminisiraTor. B. Scope cessory Buildings on Non-Conforming Lot 5. Agricultural Uses - Uses customarily associated C. Interpretation SECTION XI - SPECIAL PROVISIONS with the growing of farm produce and the raising of D. Definitions A. Mobile Home Parks farm animals for general use; but not including SECTION 111 - MINIMUM COMPLIANCE B. Swimming Pools livestockraisingandfeetling (feedlois),furfarmsand REQUIREMENTS C. Mining kennels. A. Compliance with ihis Ordinance D. Soil Processing 6.Alteration-AsappliedtoabuildingorsirucTure,a 8. Requiremenis not to be Reduced E. Land Reclamation change or rearrangement in the sTructural paris or in C. Temporary Dwellings F. Signs the existing facilities, or an enlargement, whether by SECTION IV -ZONING MAP AND BOUNDARIES OF G. Massage, Sauna, Rap Parlors extendin9 on a side or by increasing in height, or the ZONING DISTRICTS SECTION XII - ENFORCEMENT moving from one location or position to another. A. Zoning Map A. Enforcing Officer 7. Alley -A minor public or private way which isused B. Boundaries oE Zoning Districts B. Fees primarily for vehicular service access to the back or C. Annexed Territory C. Violations and Penalties side of a lot abutting on a sireet. D. Vacated Sireets SEC710N XIII - EFFECTUATION B. Animals, Domestic - Common household pets, E. Zoning and Comprehensive Development Plan A. SeparabiliTy such as dogs and cats, or other animals kept for PART II: B. Ordinances Repealed amusement, companionship, decoration or interest. ZONING DISTRICTS AND REQUIREMENTS C. Effective Date 9. Animals, Farm - Cattle, horses, goats, sheep, SECTION V- DISTRICT PROVISIONS swine, fowl, bees, fur bearing animals and similar A. Establishmeni of Disiricis The City Council of Arden Hills, Minnesota, ordains: animals normally associated with farming. B. Designation of Zoning DisiricTS SECTION I- TITLE, PURPOSE AND INTENT 10. Apariment-A roomorsuite of rooms located in a C. Permitted Principal Uses A. Title oneortwo-famirybuildingoramultipledwelling,which R-1 Single Family Resitlential Districi This Ordinance shall be known, ciTed as and referred shall include a bath and kitchen accommodations, in- R-2 Sir.gle Family and Two-Family Residential to as the Arden Hills Zoning Ordinance except as tended or designed for use as an independent residence Disirict referred to herein where it shall be known as "ihis by a single family or individual. R-3 Townhouse and Low Density Multiple Dwelling Ordinance." 11. Appeal - An application for the review of an or- DisTrict B. Purposes and Intent der, requirement, decision, determination or in- R-a Multiple Dwelling District This Ordinance is enacted for the following purposes: terpretation of ihis Ordinance made by an ad- B-1 Limited Business DisTrict 1. To promote the general public health, safety, minisiraTive officer in the application and-or en- B-2 General Business Disirict comfort and general welfare of the inhabitanis of the forcement of ihis Ordinance. L-1 Limited Indusirial Disirici CiTy of Arden Hills, Minnesota; 12. BasemenT - Thai portion of a building between L7 General Industrial Disirict 2. To promote the character of and preserve and floor and ceiling, which is partly below and partly above D. Purpose of Districis enhance the properties and areas within the City; grade but so located that the vertical tlistance from E. Land Use Chart 3. To divide the City into zones or disTricis on the basis grade to the floor below is less ihan the vertical distance F. Disirict RequiremenTS of the use, location, consiruction, reconsiruction and from grade to ceiling. PART II I: alteraTion of land and siructures for residence, business 13. Board - The Board of Appeals and Adiusiment GENERAL REGULATIONS and indusirial purposes; established by ihis Ordinance. SECTION VI - GENERAL REGULATIONS 4. To provide adequate light, air, privacy and safety; 14. Boarding House - A building other than a hotel, A. Accessory Uses and Siructures 5. 7o prevent the overcrowding of land by undue where for compensation and by pre-arrangement for 7. Time of Consiruction conceniration of population; definite periods, lodging and meals are provided for 2. Height 6. To promote the proper use of land and siructures; ihree (3) or more persons, but not exceeding five (5) 3. Location 7. To fix reasonable standards To which buildings, persons. 4. Home Occupation structures and land shall conform for the benefit of all; 15. Boulevard -That portion of a street lying between 5. Accessory Retail Sales 8. To prohibit the use of buildings, sirucTures and the lateral line of the roadway portion ihereof (i.e., the 6. Number in ResidenTial DisTricts lands ihaf are compatible with ihe intendetl use or back of the curb or curb line) and the right-of-way tine 7. Size of Certain Accessory STructures development of lands within the specified zones; ihereof which may contain within its boundaries a B. Exemptions to the Minimum Requiremenis 9. To promote the safe and efficient movemeni of sidewalk or portion of driveway. 7. Setbacks people and goods; 16. Buildable Area - The space remaining on a lot 2. PermitTed EncroachmenTs 10. To facilitate the provisions of public services; after the minimum open space and setback 3. Height 11. To IimiT congestion in the public sTreets and requiremenis of ihis Ordinance have been met. C. Additional Minimum Requiremenis for Drive-In protect the public health and welfare by providing for 17. Building Inspector - The Term "building in- Businesses, Fast Food Resiauranis and Automobile the off-street parking of vehicles and vehicle loading spector" as used in ihis Ordinance shall mean the Service Stations areas; building inspector provided for in the Building Code. 1. Location of Drive-In Businesses and Fast Food 12. To protect againsT fire, explosion, noxious fumes, 18. Bulk - The Term used to indicate the size and Restaurants offensive noise, vibraTion, dust, odor, heat, glare, other setbacks of buildings or siructures and location of same 2. Standards for Drive-I n Businesses and Fasf Food pollution and hazards in the interest of the publ ic healTh, wiTh respecY to one another and includes the following: Restauranis comfori and general welfare; and a. Size and height of buildings or siructures; D. Areas Without Sanitary Sewer 13. To define and limit the powers and duties of the b. Location of exterior wal Is at all levels in relation to E. Design STandards adminisirative officers and bodies provided for herein. lotlines,sireets orio oiher buildings orsiructures; 1. Off-Public Street Parking SECTION II - RULES, SCOPE, INTERPREATION c, Gross ftoor area of buildings or siructures in 2. Landscaping-Planiing AND DEFINITIONS relafion to lot area (flour area raTio); 3. Drainage A. Rules of Construction d. AIl open spaces allocated to buildings or siruc- 4. Off-Sfreet Loading The language seT forth in the Text of this Ordinance tures; and 5. Lighting shall be interpreted in accordance with the following e. Amount of lot area per dwelling unit. 6. Access Drives rules of construction: 19. Bulk Materials - Uncontained solid matter such 7. Fences, Wails and Hedges 1. The singular number includes the plural and the as powder, grain, stone, sand, sulphur, etc., That has a 8. Screening pluralincludes the singular. tendency to become airborne. 9. Exterior STOrage 2. The presenP tense includes the pasT and fuTUre 20. Building - A sfructure which is designed and 10. Bulk Liquid STOrage tenses and the future includes the present. suitableforthe habitation or shelTer of human beings or 11. Traffic Conirol 3. The word "shall" is mandatory while the word animals, orihe shelTer or storage of property, or is used 72. Resiridions on Location of Non-Residential "may" is permissive. for irade or manufacture. Uses in Residential Disiricts 4. The masculine gender indudes the feminine and 27, guilding,ACCessory -ASUbordinatebuilding,ihe 13. Aesthetics neuter. use of which is incidental to ihat of the principal F. Performance Standards 5. All measured distances expressed shall be To the building or use of the lot. 1. Maintenance nearesttenihofafootanditsmetricequivalent. 22, Building, Principal - A building in which the 2. Refuse 6. The werd "IOY" shall include the words "ploY", principal use of the lot on which it is located is con- 3. Vehide Parking "piece" and "parcel" of land. ducted. 4. Exterior Storage 7. The words "used for" shall lnclude the phrases 23. Building Height - The vertical distance above 5. Electrical and Radiation Emissions "arranged for", "designed for", "intended for", gradeasdefinedhereinlothehighestpointofThecoping b. Emission or Creation of Noise, Odors, Vibrations, "improved for", "maintained for" and "occupieq for." of a flai roof or the decline of a mansard roof or to the Glare, Smoke, Heat, Toxic or Noxious Fumes B. Scope average height of the highest gable of a piiched or 7. Proximity of ResidenTial Dwellings to Freeway From and after the effective date of ihis Ordinance, hipped roof. The measurement may be taken from the 8. Lake FronT Lots the use of all land and every struciure, building or highest adjoining sidewalk or ground surface within a 9. Animals porTion of a building erected, altered with respect to five (5) foot horizontal disiance of the exterior wall of 10. Site Grading height and area, added to or relocated, and every use the building, when such sidewalk or ground surface is G. Vehicular Circulation Requiremenis wiThin a bui Iding or use accessory ihereto, in the CiTy of noT more ihan ten (10) feet above grade, The height of a 1. Traffic and Circulation Arden Hills, shall be inconformitywithiheprovisionsof stepped or terraced building is the maximum height of 2. On-Site Parking Facility ihis Ordinance. Any existing siructure and any existing any segmeni of the building. 3. Driveway Witlths useof land not in conformity with the regulations herein 24. Business - Any occupation, employment or en- 4. Minimum Driveway Angle to Public Sireet prescribed shall be regarded as non-conforming usesor terprise wherein merchandise is exhibited and sold, or 5. Minimum Distance of Driveway from Streei In- structures. which occupies time, attention, labor and materials, or terseciions This Ordinance does noT abrogate any easement, whereby services are offered for compensation. PART I V: covenant, or any oTher privaTe agreement where such is 25. Clubs and Lodges- Bui Idings and facilities owned ADMINISTRATION AND PROCEDURES legally enforceable provided ihat where the regulations and operated by a corporation or association of oersons SECTION VII - SPECIAL PRINCIPAL USES of this Ordinance are more restricfive (or impose for social, recreational, charitable, educational or A. Purpose and Intent higher standards or requiremenTS) than such cultural purposes, bui not operated primarily for profiT B. General Criteria easements, covenanis, or other private agreemenis, the or for purposes which are customarily associated with a C. I mposition of Conditions: Violations Thereof requiremenis of ihis Ordinance shail govern. business. D. Changes in Specialty PermiTied Use C. Interpretation 26. Commercial Recreation- Recreational facilities E. Automatic Expiration In inTerpreting and applying the provisions of ihis which are operated for profit or render a service which F. IssLance of Building Permit Before Special Use Ordinance, ihey shall be held to be the minimum is customarily considered as a business. Permit Prohibited requiremenis for the promotion of the public healih, 27. Commission - The Planning Commission as G. Special Uses safety, convenience and general welfare. Where the esTablished by the Code oi Ordinances, City of Arden H. Medium and High Density Residential Uses pravisions of ihis Ordinance impose greater resiric- Hills, Chapter 20. SECTION Vltl - ADMINISTRATION AND fions Than ihose oF any siatute, other ordinance or 28. Comprehensive Plan - A compilation of policy PROCEDURES regulation, the provisions of ihis Ordinance shall be statemenis, goals, sTandards and maps for guiding the A. Amendmenis conirolling. Where the provisions of any statute, oiher physical, social and economic development, both Page Two ~ Ordinance 213 (tontinued) 55. Garage, Truck - A builtling which fs usea or Im or more and removal thereot trom the slie. tended To be used for the storage of motor irucks, iruck 85. Mobile Mome - Any type of iransportable private and public, of the city and its environs and may Trailers, iracTors and commercial vehicles exceeding siructure or vehicle not drawn by its own power with include, but is noT limited to, the following; statemenis one-ton rated capacity. permanently atfached undercarriage and wheels which of policies, goals, standards, a land use plan, a com- 56. Grade - The lowest point of elevation of the is designed, constructed, and equipped for use as a munity faciliTies plan, a transportation plan, and finished surface of the ground, paving or sidewalk single family dwelling place, living abode, or living recommendaTions for plan execution. Within the area between the building and the property quarters, suitable for occupancy during the eniire year, 29. Council - The City Council. line, or when the property line is more than five (5) feet which contains the same waTer supply, waste disposal, 30. Day Care Facility and Residential Facility- Day from the building, between the building and a line five and elecirical conveniences as immobile housing. It is Care Facility means any facility, public or private, (S) feet from the building. the intention of the Council ihat ihis definition shall which for gain or oTherwise regularly provides one or 57. High Water Mark - Means a mark delineating the include "mobile homes" as defined in Sec. 327.14, Subd. more persons with care, iraining, supervision, highest water level which has been maintained for a 2 of Minnesota Statutes Annotated. habilitation, rehabilitation, or developmenial guidance sufficient period of fime To leave evidence upon the 86. Mobile Home Park - Any premises on which areon a regular basis, for periods of less ihan 24 hours per landscape. The normal high water mark is commonly parked two or more occupied mobile homes, excluding day, in a place other ihan the person's own home, in- that point where the natural vegetation changes from premisesonwhich mobile homes are soldfor removal To cluding buT not limited to family day care homes, group Rredominantly aquatic to predominantly Terresirial. anoiher site. family day care homes, day care ceniers, day nur- 58. Home OccupaTion - An accessory use of a 87. Non-Conforming Building - A building lawfulty series, nursery schools, daytime activity centers, day residential structure for any gainful occupation or existing as of the effective date of the adoption of ihis ireaTment programs and day services. professionwhich (1) is engaged in by an occupant of the Ordinance, or amendment hereto, which under the - ResidenTial Facility means any facility, public or Premises, (2) is, in respeci to the residential siTe, provisions of ihis Ordinance could not be built because private, which for gain or otherwise regularly provides conducted entirely within the dwelling, (3) does not of resiricTions on heighT, selbacks, yards, lot coverage, one or more persons with a 24 hour per day subsiiTute occupy more ihan 33 percent of the gross floor area of floor area ratio, or other characteristics of the building for care, food, lodging, iraining, educaTion, supervision, the dwelling, (4) does not require any special enirance or iTS locaTion on the lotwhere iTexisis. habilitation, rehabilitation, and ireatmeni ihey need, into the siructure, and (5) has no exterior evidence of 88. Non-Canforming Use - A building, siructure or but which for any reason cannot be furnished in the the accessory use. Any activity resulting in traffic, use of a building, siructure or parcel of land, or a por- person's own home, including but not limited to, state noise, light, fumes, and odors to such an extenT ihat it is tion ihereof, lawfully existing as of the effective date of insTiTutions under the conirol of the Commissioner of noticeable ihat the property is being used for non- the adopiion of This Ordinance or amendment hereto - Public Welfare, fosTer homes, residential ireatment residential purposes shall not consTitute a home oc- as a maTter of right or by permii - which is noi per- centers, maternitY shelters, group homes, residential cupation. miited in the zoning district in which it is located. 59. Hotel-Motel - Any building, or group of buildings, 89. Nursery - Any land usetl to raise irees, shrubs, programs, or schools for handicapped children. flowers, and other live lants for sale and commerce. 31. Density - The number of dwelling units permitTed having six (6) or more guest rooms intendedor designed -PUrltlin bythisOrdinance onone (1) acre (i.e. 43,560 square feet to be renTed or hired ouT to be occupied, or which are 90. MulTi pose Bu g- See Use, Principal. of land). occupied for sleeping purposes by guests. 91. Office(s) - A room, suite of rooms, or a building 32. Density, Net - The number of dwelling units 60. Houses of Worship - A building, together with its conTainin9 rooms or suiTes of rooms in which persons ermitted by this Ordinance on one (1) net acre of land. accessory buildings and uses, where persons regularly conduct commercial activities, provide professional p 33. Density Transfer -The relocation of housing units assemble for religious worship. services, or carry on occupations and where goods are or square fooTageof building area computed on one parT 61. Indusiry - Uses such as the manufacturing, not siored, produced, sold at retail or repaired, im of a building site To another part of the site resulting in compounding, processing, packaging, ireaTment, cluding buT not limiTed to the following: financial in- an increase in density to the iransfer area for the assembling,orwarehousingorproducisandmaterials. stituTions, executive and adminisirative offices, purpose of preserving open space,forested areas, en- 62.InstituTional Housing - StudenT orfaculty housing business offices such as insurance, real estate, sales vironmenTal or terrain features deemed worih of for four (4) or more persons on renial basis, rest home, and similar offices, professional offices such as offices Y preservation by the Planning Commission and Council. hospital, sanitorium, nursing home,convalescent home, of engineers, surveyors, architecis, accountanis, at- - 34. Density Zoning - Density Zoning shall be in- orphan home. torneys and bookkeepers and similar offices but ex terpreted as the provision of lot areas smaller ihan the 63. Junk Yard-- An open area where waste, used or cluding medical clinics. minimum requirement of ihis Ortlinance under con- second-hand materials are bou9ht, sold, exchanged, 92. Off-sireet Parking Areas- Siructures or areas of ditionswhereby the Total number of dwelling units is not stored, baled, packed, disassembled or handled. In- 9round used for the siorage or parking of motor greater than the amount permitted under normal cluding, but not limited to, scrap iron and other metals, vehicles. condiTions. paper, rags, rubber, tires, and bottles. A junk yard 93. Open Sales Lot-Any land used oroccupied for the 35. Dog Kennel - A siructure sPeci4ically designed includes a motor vehide wracking yard but does not purposes of buying and selling any goods, materials, or and used for the harboring of ihree (3) or more dogs ihai include uses establ ished entirely within enclosed merchandise and for the storing of same under the open sky prior To sale. are more ihan six (6) monihs old. buildings. 36. Drive-In Business - Any business establishment 64. Land ReclamaTion - The deposiTion of 400 cubic 94. Open Space - An unoccupied space open to the offerin to customers a service or commodities such as, Yards or more of earih maTerials on a site. SkY~ 9 65. Landscaping - Planiings such as irees, grass, 95. Parking Space - A land area of not less ihan Two for example but not by way of limitation, prepared food, shrubs. hundred (200) square feet, exclusive of driveways and beverages, and dairy producis, either collectively or individually, which is primarily or exclusively laid out 66. Loading Areas - Any area where trucks are aisles, of such shape and dimensions and so prepared as , designed, equipped and operated so as to allow its maneuvered and parked, for the purposes of loading or to be usable for the parking of a motor vehicle, and so customers To purchase, receive and consume (if ap- unloading protlucts, materials or equipment. located as To be readily accessible to a public street or plicable) suchserviceorcommoditieswiThouthavingto 67. Lodging House - A building where lodging is alley. Truck loatling and unloading space shall not be enTerihebuildingonihepremisesoflheesTablishment Providedforcompensationtomorethanfive(5)persons indcPedeTrian Wa A ublicor private and usually while remaining in iheir automobiles. By in coniradistinction to hoTels open to iransienis. 96. Palhway Y- P way of illusiration, buT without limitation, drive-in 68. Loi Area per Family - The lot area per family is Way, running across or located within a platted IoT or businesses include the following: drive-in restauranis the loT area required by ihis Ordinance to be provided block or an unplatted parcel of land, used primarily for or cafes, drive-in iheaTers, drive-in banks, drive-in for each family in a dwelling. pedesirian iraffic. - liquor stores, and drive-in laundry or dry cleaning 69. Lof, Corner- A lot situated at and abutting on the 97. Person - Any individual, firm, parinership, establishmenTs. intersection of iwo (2) or more sireeis having an angle corporaTion, company, associaTion, ioint stock Grocery stores, confeciionary stores, drug stores, or of intersection of not more than 135 degrees. A lot association or body poliTic; includes any irustee, restauranis which offer "take home" food services as abutting upon a curve sireet shall be deemed a corner receiver, assignee, or ofher similar representative an incidental part of iheir business shall not be con- lotiffhetangenisto the curve aTits poinis of beginning ihereof. sidered drive-in businesses. within the lot or at the points of intersection of the side 98. Personal Services - Services customarily ren- It is recognized That automobile service stations are lot lines with the sireet line intersect at the interior dered for compensation in a building where stock in drive-in businesses within the meaning of the foregoing angle of less than 135 degrees. A corner lot shall irade is neither stored on the premises nor sold over the general definition, but ihey are excluded from the maintain iront yard requiremenis for each sireet counter at retail, induding such services as apparel definition as used herein since ihey are Treated and fronfa9e. repair, alteration and cleaning; hair styling, irimming defined separately in ihis Ordinance. 70. Lot Coverage - The total al lowable amount of lot and cutTing; beauTy services; photographic services; 37. Dwelling - A building, or portion thereof, area, expressed as a percentage, which may be covered and other services of a similar naTure. designed or used exdusivery for human habitation, and by a principal use and its accessory sirucTUres. 99. Planned Unit Development - The development of consisTing of one or more dwelling units. 71. Lot Depth - The mean horizonTal distance bet- a Tract of land in a unified manner, pursuant to a 38. Dwelling, Multiple-family-A dwelling containing ween the mean front road and the mean rear lot line. development plan specifically approved by the City. ihree (3) or more aitached dwelling units which have The greater frontage of a corner IoT is its depih, and iTs 100. Public Uses - The use of any lot, parcel of land access to the outside ihrough a common hall or poinT of lesser froniage is its widih. and any siruciure or building thereon exciusively for eniry. 72. Lot Line- A property boundary line of any lot held Public purposes by any deparTment or branch of 39. Dwelling, Single Family - A dwelling consisting in single or separate ownership pr separately 9 der oefdistricis, wihout reference excluding of one (1) dwelling unit, described; except ihat where any portion of the lot In pedent sch 40. Owelling, Two Family - A dwelling consisting of exTends inTothe abutting sireeT or alley, the lot line shall ownership of said IoT, parcel of land, building or two (2) dwelling units. be deemed to be the sireeT or alley line. structure. 41. Dwelling Unit - One or more rooms which are 73. Lot Line, Front - The boundary of a lot abuTting a 101. Public Waters - Means a body of water capable arranged and designed as living quarters for one (1) sTreet. On a corner lot, the shortesT sireet lot line shall of subsTaniial beneficial public use. This shall be con- family equipped with complete cooking, bathing, Toilet, be the fronf lot line, sirued to mean, for the purposes of ihese regulations, sleeping and heaTing facilities, but excluding mobile 74.LotLine,Rear-Thelotlinemosinearlyparallel TnybodyofwaterwhichhasihepotenTialtosupportany homes. To and mosi remote from the fronT lot line. ype of recreational pursuiT or water supply purpose. A 42. Dwelling Unit, Attached - A dwelling unit which is 75. Lot Line, Side - Loi lines other than front or rear body of water created by a private user where there was lot lines. no previous shoreland, as defined herein, for a joined to one or more other dwelling uniTS. desi nated rivate use authorized b the CommissioneY 43. Dwelling Unit, Detached- A dwelling unit which 76, Lot, Interior - A lot oTher than a corner or of Natural Resources shall be exempt. is not loined To any other dwelling unii, and is located on reversed corner lot. 102. Railroad Right-of-way - A sirip of land with a separate lot with the siructure surrounded by open 77. Lot, Reversed Corner - A corner IoT, the rear of space and having a separaTe point of entry. which abuis upon the side of anoiher lot whether across iracks and auxiliary facilities for irack operation, bui 44. Earih Sheltered Home - A dwelling consiructed an alley or not. noi including depofs, loadinq plaitorms, staTion, irain so ThaT 50 ercenT, or more, of the exterior surface of the 78. LoT (Of Record) - A parcel of land described by sheds, warehouses, car shops, car yards, locomoTive completed buildin9, excluding garages or other ac- metes and bounds measurements, reference to a shops, or water towers. cessory buildings, is covered wiih or bears against Registered Land Survey or plat, or other means and 103. Research- The use of any lot, parcel of land and earth. separated from other parcels or portions by said any structure or building locaTed ihereon for the pur- 45. Easement - A right or privilege in favor of a description, as of the effective date of This Ordinance or poses of siudying or investigating facis not readily person or a governmental authority to use a parcel of approved by the City as a IoT subsequenT to such date, available, such as, for example, medical, chemical, land or portion thereof for a specific purpose. and which is occupied by or, under this Ordinance and elecfrical, meTallurgical, or other scientific research 46. Elecironic Towers - A structure which is higher other applicable Ordinances, is suitable for occupancy but excluding the manufacture or processing of in elevalion ihan its diameter, and is used for iram bY one (1) prindpal building or used TogeTher with any materials or goods for sale. Research with animals smission, relay or emission of elecTronic waves. accessory buildings or uses and such open spaces as are considered a separate category. 47. Exterior Storage - The sTOrage of goods, required by ihis Ordinance. 104. Residential Recreation Uses - Play apparatus materials, equipment, manufactured producis and 79. Lot, Through - A loT which has a pair of opposite such as swing sets and sltdes, sandboxes, poles for nets, similar items not fully enclosed by a building. loT lines abuiting two substantially parallel sTreets, and pirnic Tables, lawn chairs, barbecue stands, and similar 48. Famiry - An individual, or iwo or more persons which is not a corner lot. On a ihrough IoT both sireet equipment or siructures but not including electronic relaTed by blood, marriage or adopTion living together linesshall befront lot linesfor purposes of applying this Towers, iree houses, swimming pools, playhouses ex- Ordinance. ceeding iwentY-five (25) square feet of floor area, or as a single household uniT; or a 9roup of persons living sheds ufilized for storage of equipment. together as a single housekeeping unit. 80. Lot WidTh - The mean horizontal distance bet- 105. Rest Home - A private home for the care of the 49. Floor Area - The sum of the gross horizontal area ween the side lot lines at the fronf set-back I ine. aged or infirm or placeof resi for ihose suffering bodily, of the several floors of a building measured from the 81. Manufacturing and Processing - All use5 which exterior walls, induding basements and attached ac- include the compounding, processing, packaging, mental or emotional disorders. Such a home does not cessory buildings. Treaiment, or assembly of producis and materials. containequipmeniforsurgicalcareorforThetreatment 50. Floor Area, Habitable - Floor area as defined Generally, These are indusiries dependenT upon raw of tlisease or injury, nor does it indude materniTy, care above, exduding all areas occupied by cellars, garages, materials refined elsewhere. Such uses indude but are for mental illnesses or infirmities; includes nursing porches, aTtics, siairways and storage, uTility and not limited to the following: lumber yard; machine home. heating rooms. shops; products assembly; sheet metal shops; plastics; 106. Restaurant - A business establishmenT whose 51. Floor Area Ratio- The ratio obtainetl by dividing elecTronics; general vehide repair; body work and Principal business is the preparation, service and sale of the sum of a building's floor area by the amount of lot painTing; conTractors'shops and storage yard; food and food and beverages to be consumed by customers while area. non-alcoholic beverages; signs and displays; printing; seafed attables or counters locafed within the building 52Frontage-TheuninTerruptedfronibountlary line publishing; fabricated metal paris; appliances; onThepremises. of a lot, or the length of such line, which abufs on a cloThing; textiles; used auto parts. 107. ResTaurant, Fast Food - Any restaurant which sTreet. 82. Medical Clinic-A building, sTructure or premises meets a number of the following requiremenTS: 53. Garage, Private - An accessory building or in or on which physicians, denTis4s, chiropractors, Customarily provides quick service of footl and-or portion of the principal building which is intended and osieopaths and the like diagnose and treat the ills of beverages To iTS customers; offers to its customers a usedforihe storage of the private passenger vehiclesof their patienis, excluding hospitals. limited, standardized menu ot inexpensive food and-or the family or families who reside upon the lot upon 83. Metes and Bounds - A meThod of properiy beverages; serves its cuslomers from a counter located which the same is located. descripTion utilizing directions and distanc es com- Wiihin the building on the premises and does noT 54. Garage, Repair - A building or space for the mencing from and terminating at an easily identifiable cusTOmarily offer service at the Table by waiter or repair or mainTenance of motor vehicles but not in- point. waitressiheir orders offood and-or bevera9es attables cluding factory assembly of such vehicles, auto 84. Mining - The extraction of sand, 9ravel or other or counters within the buildin9, in their auTOmobiles wrecking establishmenis, or iunk yards. material from the land in the amount of 400 cubic yards Parked on the premises, or away from the premises as the cusTOmers choose; packages and serves a sub- Page Three 1 Ordinante 213 (tontinued) 125. Siructure,ACCessory -Adetached, subortlinate C. Annexed Territory sTrucTUre, the use of which is incidental and related to A building moratorium shall apply, not to exceed the stantial proportion of its food antl-or beverages in that of the principal use of or principal sirucTure on the time permitted by Siate Statute, To any territory an- disposable wrappers, containers, cartons, boxes and lot on which it is located. nexed to ihe City, until such time as a detailed study by bags; provides a number of irash, liTter, or garbage 126. STruciure, Principal - The predominant siruc- the Planning Commission has taken place as to the cansin the parking areas and withinthe building on the Ture upon a lotin which the principal use of the lot is proper zoning for the property newly acquired. premises for the deposit of the disposable packaging in conducTed. . Following such siudy the City shall proceed To zone the whichThefoodand-orbevera9esareprovided; prepares 127. Townhouse - A single family dwelling which property in accord with the procedures prescribed by and cooks a substantial proportion of its food in volume, maintains private ingress and egress, contains no in- }his Ordinance for "Rezoning." in advance of orders by customers, and usually in an- dependent dwellings above or below itand isattached to D. Vacated STreets ticipation of predicted volumes of customers at ceriain other similar dwellings by a common wall. Whenever any public sireet is vacated by official times of the day; specifies the items of food and-or 128. Use - The purpose for which land or premises or action, the zoning disiricis abutting the centerline of beverage offered to cusiomers on signs, placards, a building ihereon is designaTed, arranged or intended, said vacated sireet shall noi be affected by such action. posters, valances, or boards posted in conspicuous or for which it is or may be occupied or maintained. E. Zoning and the Comprehensive Development Plan places Throughout the building rather ihan on printed 129.Use, Accessory - A use whichisincidenTaltothe Any change in zoning by the Council shall menus given to the customers; antl generates a high Principal use of the lot on which it is maintained or auTOmatically amend the Comprehensive Development volume and rapid flow of in and out traffic because of its conducted. Plan in accordance with the said Zoning. quick service mode of operation. 130. Use, Principal - The primary or predominant SECTION V- DISTRICT PROVISIONS - 108. Restaurant, Drive-in - See drive-in business, use for which the lot and siructure, if any, lowted A. EstablishmenT of DistricTs 109. ReTailSales - Stores and shops selling, renting or thereon is conducted or maintained. The zoning disTricis designated herein are hereby leasing goods for uses away from the point of sale. In- 131. Used Auto ParTS - The processing, siorage, and established so as to assist the City in carrying out the cludes the following: anTiques, art and school supplies, sale of second-hand or used automobile or other vehicle intenT and purpose of iis Comprehensive Development auTO accessories, bakeries, bicycles (not motorized), Paris. Plan for the City and To conirol residential densities in books and stationery, candy, camera and 132. Utility Sub-staTion - A siructure usetl for the such a manner as to provide adequate public services photographical supplies, carpets and rugs, china and relay or disiribuTion of electric, water, sewer, and utilities. glassware, clothing and costume rental, custom Telephone, etc., services. B. DesignaTion of Zoning DisTricis dressmaking, depariment siores, drugs, drygoods, 133. Utility Distribution Lines - The disiribution For the purposes of ihis Ortlinance the City of Arden elecirical and household appliances, sales and repair, fac'rlities of eleciric power, gas, water and com- Hills is hereby divided into the following Zoning florist, food, furniture, furrier shops, garden supplies municaTion companies which directly serve abutting Disiricis: (year round operaTion only), 9ifis, hardware, haTS, Properties. R-1 Single Family Residential Disirict hobby shops, interior decorating, iewelry, leather goods 134. Utility Transmission Lines - The Transmission R-2 Single and Two Family Residential Disirict and luggage, locksmiTh shops, musical insiruments, facilities of eleciric power and communication com- R-3 Townhouse and Low Density Multiple Dwelling office supply equipment, optometrisis, paint and Panies which do not directly serve abutTing properTies. DisiricT wallpaper, phonograph records, shoes, sporiing goods, 135. Utility Vehicles - A vehicle, with or without a R-4 Multiple Dwelling Disirict tobacco, toys, varieTy stores, wearing apparel, and motor, and-or adapted for temporary living, sleeping, B-1 Limited Business Disirict similar type uses. business or sTorage purposes, having a frame, bui no B-2 General Business Disirict 110. Roadway -The entirety of a private sireet and foundation other ihan wheels, blocks, studs, lacks, I-1 LimiTed Indusirial Disirict Thaiportionofapublicstreetextendingfromihebackof horses or skirting, which does not reach or meet I-2 General Indusiriai DisTricT The curb (i.e. ihe curb line) on one side to the back of ihe building code requirements and has been or may be C. Permitted Principal Uses curb (i.e. the curb line) on iheother side, used primarily equipped with wheels or other devices for transporting Certain principal usesfor each zoning disirict shall be for vehicular Traffic. purposes. This term shall include iravel trailers, permitted as a matier of right to be located on a siTe in camping irailers, tent irailers, recreaTion vehicles and ihaT zoning disirici subject to a Building Permit issued 111. Schools, GeAeral Education - Nursery, primary, irailers. A permanent foundaTion shall not change the pursuant to the provisions of the Building Code and This elementary, secondary schools, vocaYional. character of the vehicle. Ordinance is applicable. Where question arises as to 112. Schools, Special Education - Trade, business, 136. Vehicle Wash - A building, or portion thereof, whether a proposed use falls within a permitted use barber, beauty, art, music, dancing, driving and other which principal use is the washing of vehicles. category and-or a Special Use category, the Planning professional schools, colleges, universities and lunior 737. Vehicle Wrecking Yard - Any open space where Commission shall make a recommendation to the colleges. ihree or more used motorized vehicles are stored which Viliage Council which shall make the final deter- 113. Service StaTion - A place where gasoline, do not possess current state aufo licenses. mination. kerosene, diesel or other motor fuel or lubricating oil or 138. Variance - A modification or variation of the D. Purpose of Districis grease for operating motor vehicles are offered for sale provisions of This Ordinance, as applied to a specific 1. R-1 Single Family Residentiat DisTricT tothepublicanddeliveriesarematledirecTlyintomotor piece of property, except ihat modification in the The R-1 Resideniial District is intentled to establish vehicles. Includes greasing and oiling, one-bay motor allowable useswithin a disTrict shall not be considered a areas for the development of single family detached vehicle wash and the sale of automobile accessories on variance. housing on parcels of land approximately one-ihird (1-3) the premises. Also includes minor repairs, incidental 739. Veterinary Office and Clinic - Uses concerned acre in size. The R-1 zones are intended to reserve body and fender work, minor painting and upholstering, with the diagnosis, ireatment and care of animals, development areas for single family housing and to replacement of parts and motor services to passenger including animal or pet hospitals. resiricT encroachmenT of incompatible uses and at the automobiles and irucks not exceeding one and one-half 140. Warehousing - The storage of materials or same time take advantage of municipal utiliTies, (lb'~) Tons capacity. It shall not include maior general equipment as a principal use wiihin an enclosed maintain density limitations and preserve open space. repair, rebuilding or reconditioning of engines, moTor building. Councilinits discreTion may order Public Hearings and vehicles or irailers; collision service, including body, 141. Waterfront Uses- Boat docks and stora9e, water such other procedural steps which may be appropriate frame or fender sTraighTening or repair; overall recreation equipment and other uses normally in- to the individual application. painting or paint job. cidental To lakeshore property. 2. R-2 Single Family and 7wo Family Residential 114. Setback - The minimum horizonTal disTance 142. Yard, FronT - A yard extending along the full DisTricts between a sTructure and a lot line. lengihofthefrontlotlinebetweenihesidelotlines. The R-2 ResidenTial Disirict is intended to esiablish 115. Shoreline Lot - A lot having oneor more lot lines 143. Yard, Rear - A yard extending across the full areas for the development of single and hvo family fronting upon public waters. width of the lot and measured between the rear line of deTached housing on parcels of land approximaTely one- 116. Sidewalk-A publicor privateway, comprising a ihelotandiherearlineofthemainbuilding. fourih('/a)acreinsize.TheR-2zonesareintendedto portion of the boulevard of a sTreei, used primarily for tqq. Yard, Required - An open space between a reserve development areas for single and iwo family pedesirian traffic. building and any lot which is open to the sky unob- housing and to resirict encroachment of incompatible 117. Sign - A name, idenTification, descripiion, siructed by any permanent or temporary uses or uses and at the same time take advantage of municipal display, logo, illusiraTion or device which is affixed to, strucfures. utilities, maintain density limitations and preserve open painted, or represented directly or indirectly upon a 145.Yard,Side-Ayardbetweenihebuildingandihe space. Council in its discretion may order Public building or other surface or piece of land, and which adjacent side line of the lot and extending from the front Hearings and such oiher procedural steps which may be direcis aitention to an object, product, place, activity, yard To the rear yard. appropriate to the individual application. person, insTitution, organization, or business. 146. Zoning Map - The map or maps incorporated 3. R-3 Townhouse and Low Density Multiple Dwelling 118. Soil Processing - The processing of sand, gravel inio ihis Ordinance as a part hereof, designating the Desirict or other material mined from the land. zoning disiricis. The R-3 Residential DisiricT is intended to provide 119. Special Use - A use which, because of unique areas offering a broad development range in housing characteristics, cannoi be classified as a permitied use SECTION 111 - MINIMUM COMPLIANCE units, yet retain the environment and characTer of less in any particular disTrict, and which, afTer due con- REQUIREMEN75 intensive residence areas through carefully established sideration by the Commission antl Council, pursuant To A. Compliance with This Ordinance bulk and lot area requiremenis. Well-designed the applicable procedures contained herein, may Nobuilding,sirucTUreorparcelof land may hereafter townhouse projects and medium densiTy garden Type neveriheless be allowed on a site in a pariicular zoning be used or occupied and no building permiT shall be apartmenis would be examples of appropriaTe uses in disirict by Special Use PermiT granted by the Council. issued for any siructure or use which does noT conform the R-3 DisiricT. 120. Story - 7hat portion of a building induded }o the provisions of this Ordinance except as hereafter 4. R-4 Multiple Dwelling District between the surface of any floor and the surface of the provided under Sub-secTion I I I C and Sub-seciion X The R-4 Residential Disirict defines areas for the floor nexi above it, or, if no such floor above, the space B. Requiremenis not to be Reduceel development of higher density multiple dwelling beTweensuchfloorandiheceilin9nextaboveit. No exisTing lot, yard or parking area shall be so siructures than permitTed in the R-3 Disirict. It is in- 121. STOry, Half - A space under a sloping roof which reduced in area or dimension as to make any such area tended ihaT areas zoned with the R-4 classificaTion has the line of intersection of roof decking and wal I face or dimension less ihan the minimum required by ihis permii the mosT intensive residential development, not more ihan three (3) feet above the Top floor level, Ordinance, and if already less ihan the minimum subject to the district provisions stated herein. The and in which space noT more than iwo-ihirds (2-3) of the required, it shall not be further reduced. character of the R-4 District should remain essentially floor area is finished off for use. A half-story containing No yard or open space provided about any bui Iding for residential. independeni apartment or living quarters shall be the purpose of complying with the provisions of ihis 5. B-1 Limited Business District counTed as a full sTOry. Ordinance shall be considered as providing a yard or 7he Limited Business District is intended to provide a 122. Street-A public or privaTeway, consisting in the open space for any other building, and no yard or open disirid which is related to and may reasonably adloin case of a privateway of a roadway and in the case of a space on adjoining premises shall be considered as high density or oiher residential districTS for the public way of a roadway and a boulevard (the latter of providing a yard or open space on a lot whereon a location and development of adminisirative office which may contain a sidewalk), used primarily for building is to be erected. buildings and related office uses which are subjecT to vehicular iratfic, whether designated as a sTreeT, C. Temporary Dwellings more restrictive conirols. Theoffice uses allowed in this avenue, parkway, road, lane, throughway, expressway, No garage, tent, irailer or accessory building shall at disirict are those in which ihere is limited contact with highway, place or however oTherwise designated. anytime be used as a dwelling except mobile homes the public and no exterior display or selling of iner- a. Collector Sireet - A street which carries iraffic locaTed in an approved mobile home park, and except chandise To the general public. from local sireets to sTreets and highways of higher for strucTUres receiving a temporary Council oermit. 6. B-2 General Business Disirict classificaTions. Ii provides for both land access service The Council may, in iTS discretion, grant a temporary The General Business Disirict is esTablished To group and local iraffic movemenis within residential neigh- permif for the use of the foregoing sirucTures as compatible retail business uses which tend to draw borhoods, commercial areas and indusTrial areas. dwellings for a period noT to exceed ninety (90) days Trade that is naturally inTerchangeable and so promoTe b. Cul-de-sac-AsireelwithonlyoneouTleT. when an emergency or hardship situation exisTs. business prosperiTy, provide an adequate supply of c. Local Sireet - A sireet of limited continuity used In addition to the foregoing the Council may, if in its businesses and professional service areas to meet the primarily for access To the abuTting properties and the discretion it determines an emergency or hardship needs of the residenis and to promote a high quality of local needs of a neighborhood. situation exists, grant a Temporary permif for the use as total commercial developmenT and design that d. Major ArTerial - Is usually a divided highway with a residence of a basemenT under a finished sTructure produces a positive visual image and minimizes the four or more lanes and serves the major centers of Where the basemeni is made suitable and safe for said effecis of iraffic congestion, noise, odor, glare and activity of a metropolitan area, the highest iraffic residential purpose and occupancy is approved by the similar safety problems. volume corridors, and the longest irip desires. The guilding Inspector. 7. I-1 LimiTed Indusirial District major arierial carries a high proporiion of the total Because mosi light indusirial activities are in close urban area iravel on a minimum mileage. AlmosT all type fully and partially controlled access facilities are a part SECTION IV - ZONING MAP AND BOUNDARIES OF anld intensity ofnindustrial uses Ishouldlberheld toethose of ihis class. ZONING DISTRICTS Types ihaT do not tleTract from the surrounding area. IT e. Minor Arterial - Sireet system interconnect wiTh A. Zoning Map is for ihis purpose ihat performance sTandards in the and augment the urban major arTerial system and The houndaries of the zoning districis defined in provide service to trips of moderate IengTh at somewhat Section V are hereby established as shown on the map LimiTed Industrial District should be high and that the lower level of travel mobility Than malor arterials. This entitled "Official Zoning Map of Arden Hills, Min- inlensiTy of land utilization be less Than in heavy in- systemdisiributesTravelTOgeographical areassmaller nesota", which map is property approved and filed in d 8t1!2lGuse eneralalndusirial District than ihose identified with the higher sysTem. the otfice of the City Clerk Administrator. f. Expressway Ramp - A conirolled access roadway Said map and all of the notations, references and This disirict is established to provide an area where and providing ingress or egress from a malor arierial high- other information shown ihereon shall have the same Thmore e degree Iofeland industriaal TheUUSesmw thincth s way. The use of expressway ramps al lows the uniform force and effect as if set forih herein ai lengih. flow of fraffic on a maior arterial highway without B. Baundaries of Zoning Districis disiricTareconsideredtobetoointensivetobenormally undue delays. Disirict boundary lines as indicated on said map are included within the LimiTed Indusirial Disirict and 123. StrucTUral Alterations - Any change in the intended to follow sireet right-of-way lines, street should iherefore be separated and located in such areas supportiiig members of a building such as bearing centerlines or lot lines unless a bountlary line is to present the least deleterious effect to adiacent, less otherwise indicated on said map. intensive land uses. walls, columns, beams, or girders, or any subsTantial changes in the roof and exterior wal ls In the case where a boundary line does not appear to . 724. SirucTUre - Anything constructed, the use of follow a property line, sireet or righT-of-way line, or which requires more or less permanent location on the Where such line is not dimensioned on said map, the groundorattachmenTTOSOmeihinghavingapermaneni boundary line shall be determined by the scale ap- locaTion on the ground, induding signs. pearing on the map. Page Four Ordinance 213 (continued) (15) feet of the inTersecting street rights-of-way. 3. Height IANDUSECHART a. Excep4ions ZoningDistriets Height limitations shall noi apply to church spires, R-1 R-7 R-3 R-< B-7 &4 1-1 1-4 belfries, cupolas and domes; monumenis; chimneys Accessory Uses other than normal S 5 5 5 S 5 5 5 and smokestacks; flag poles; public and private utility Agriculture P P P P 'P P P P faciliTies; iransmission towers of commercial radio Boarding House 5 5 5 S - - broadcasting stations; television antennae and parapet Clubs andlodges P P - - walls extending noT more ihan four (4) feet above the CommercialRecreation - - - - - P P P. limiting height of the building, except as hereinafter Day Care or Resldential Facility provided. (10orfewer) P P P P - - Roof-mounted mechanical equipment, either (overl0) - 5 5 S S screened or completely enclosed, shall be excepied Dog Kennels - - - - - S - - from the height limitations if the endosure (or en- Drive-in Business - - - - - S - - dosures) does not occupy more Than 30 percent of the Earrh Sheltered Homes . . . . . . . . . S 5 - - - - - - roof area and does not extend more ihan 12 feei above Elecfronic Towers 5 S 5 S 5 5 5 P the roof upon which it is located. Garage,7ruck - - - - - - 5 S b. Variances for Certain Structures Home Occupation 5 5 S S - - - - Any sfructures, other than as noted above, ihat is Hofel/Morel - - - - - P - - proposed to exceed the height limits imposed by Houses of worship S 5 S 5 - - provisionsof This Ordinance may be permitted by a InsliTutionalHousing 5 5 5 5 - - - - variance, provided it is determined that: Land Reclamafion 5 S S 5 5 5 5 5_ 1. Adequate fire protection and other safety features Manufacturing and Processing . . . . P P are to b2 provided; and , Medical Clinics - - - - 5 P - - 2. The heighYand bulk of the sirucTure will not desiroy Mining 5 5 5 5 S 5 5 5 a scenic or oTher appropriate view, nor willit shui off Mobile Home Parks 5 5 - - IighT and air from surrounding properties, or otherwise Morfuaries - - - - 5 - - be detrimental to the public welfare; and Moforized Vehicle Sales - - - - - 5 - 3. The proposed structure will not exceed a floor area Multiple Family Dwellings D D - ratio Of 0.5; and Nurseries S 5 5 5 - - - - 4. The proposed siructure will have setbacks equal to Offices . . . . . . . - - - - P P P P or greater than the height, and the distance between any Personal5ervices - - - - P - - two Principal buildings musi be no less than one-half Public Uses . . . . . . . . . . . 5 5 5 5 5 5 S 5 ('/z) the sum of the heighis of the iwo siructures. Research P S P P C. AdOitional Minimum Requiremenis far Drive-In ReseorchAnimals 5 5 5 Businesses, Fast Foad Restaurants and Automobile Restaurants - - - - - P 5 S Service Stalions Res+auronrs, Drive-in - - - - - S - - Because drive-in businesses, fast food restaurants Restaurams, Fast Food - - - - - S - - and automobile service stations present certain unusual RefailSales - P problems, ihey are hereby required To meet the ServiwStations...................................... - - - - - 5 5 5 following requirements in addition to the general Schools, General Education S 5 S 5 - - - - requiremenis applicatile to ihem in the zoning district in Schools,SpeuolEducation - - - - 5 S - - which They are To be located: Single Family Aftached Dwellings 5 5 D D - - - - 1. Location of Drive-in Businesses and Fast Food Single Family Detached Dwellings P P P P - - - - ResiBUranTs SingleFamilyDwellingUnderDensifyZoning............ D D D D - - - - a. proximity to Schools, Churthes, Public Two Family Dwelling . . . . . . . . . . . . . S S P P - - - - Recreational Areas and Residential Lots Mixed Residenrial7ypes . . - - D D - - No drive-in business or fasifood restaurant shall be SoilProcessing S ' S S 5 5 S 5 S IoCdted within four hundfed (400) feei of a publiC, utility Distribufion Lines P P P P P P P P private or parochial school, a church, a public Utility Subsration - - - - - - 5 5 recreaTion area, or any residentialty zoned properiy. UtilityTransmission S 5 S S S S S S b. Proximity to Other Establi5hmeni5 ' vererinary Clinic and Offices - - - - 5 - - No drive-in business or fast food restaurant shall be Warehousin - - - - - P P. located within one thousand ihree hundred iwenty 9~~""""'~""~"~""~~~~~~~"~'""~ (1,320) feef of the boundaries of another one. P - Permitted c.-Unreasonable Traffic Volume D - PlannedUnirDevelopmenfPermif No drive-in business or fast food restaurant shall be 5- Special Use Permif locaTed on the site if the probable result of such location . would be unreasonably to increase iraffic volume on DISiRICTRFQUIR@MENTS R-1 R-2 R•7 R-4 0-1 8-2 1•1 1•2 nearby Sifeel5. 1. Minimum Lot Area (square " d. SiiC Of LOi foofage Per Dwelling Unir No drive-in business or fast food resiauranT shall be Single Family 14,000 11,000 11,000 11,000 N/A N/A N/A N/A located on a lot of less ihan iwenty four ihousand iwoFomily 14,000 8,000 8,000 8,000 N/A N/A N/A N/A (24,000) square feqt. . 2. STandards for Drive-in Businesses, FasT Footl 2. Minimum Lot Area - Non-residenlial Restauranis antl Aufomobile Service Stations Uses (permitted by Special Use or a. Landscaping P.U.D.Permft) 14,000 11,000 11,000 11,000 73,000 13,000 30,000 24,000 A lot to be used for drive-in business, fasT food resTaurant or automobi le service station purposes shall 3. Minimum Lot Dimensions (feet) be landscapetl at least fo the following depihs from each WidthatFroniBuildingLine/Depth - 100/130 100/130 100/130 100/130 lot line: SingleFamily 95/130 85/120 85/170 85/120 - - - - 1. Twenty (20) feet from the front lot line excepT for Twofamily 95/130 85!120 85/120 85/120 - - - - approved access drive; - 2. Ten (10) feet from each side lot line; and 4. Moximum Building Bulk Requirements/Net Acre 3. FifteE/1 (15) feei from rear loi line. Hei9ht (leetabove 9rade) . . . . . . . . . . . . . . . 35 . 35 35 35 35 35 35 45 b. ElettroniC DeviCes FloorArea Ratios (F.A.R.) . . .3 .3 .3 .3 .7 .8 .6 .8 Elecironic devices such as loudspeakers, or tlevices, Lot Coverogeby Sirucfure (perceni) 25 25 25 25 35 40 30 40 drive-in iheater car speakers, and similar insirumenis . shall not be located within fifty (50) feet of any ad iacent 5. Minimum LondscapeLotArea(percenr)............. 65 65 65 65 25 25 35 25 lot re9ardless of use or zoning disiric4. c. Curbing 6. Minimum Setbacks (feet) All curbing required by the Council shal I be concrete, FrontYard 40 40 40 40 50 50 55 50 and a box curb notless ihan six (6) inches above grade RearYord shall separate the public righi-of-way from the mofor Prinupal.................................. 30 30 30 30 20 20 20*" 20 vehicle service areas,except atapproved enlrances and Accessory 10 10 10 10 10 10 10 10 exiTs. SideYardlnterior d. Snow Sforage Principal 10' S* 5* 5* 20 20 20•t 20 Adequate area shall be designed for snow siora9e Accessory 10 5 5 5 10 10 10 10 such That clear visibility shall be afforded from the Side Vard Corner 40 40 40 40 50 50 50 SO property To any public sfreet. LakeshoreHighWaterMark.................. 75 75 75 75 100 100 100 100 e. SCreeniflg Boundary of Residemial Zoning District . N/A N/A N/A N/A 75 75 75 75 A suitable screening fence shal I be erected along all property lines excepT ihose which are also public right- 7. P. U. D. 8 S. U. P. Maximum Dwelling Unit of-way Iines. Said fence shall be of a type and desi9n Den0y!Net Acre 3.11 3.96 4.5 12.0 N/A N/A NiA N/A approved by the Council. PlanTing of a type approved by the Council may also be required in addition to or in lieu "Aggregate Minimum 25' in R-1, Aggregate Minimum 15' in R-2, R-3 and R-4 of feflCifl9. "But in no case less ihan Y building heigM. f. DBSign The design of all sTructures shal I be compatible with SECTION VI - GENERAL REGULATIONS arbors, irellises, and detached outdoor living rooms other structures in the surrounding area. A. Accessory Uses and Siructures shall noi exceed five hundred (500) square feei. . 9. Signs 1. Time al Construction B. Exceptions to the Minimum Requirements for all No permanent or temporary signs visible from the No accessory siructure shal I be consiructed on any lot Disiricts Cou+nc IireeT shall be erected without approval from the rior to the time of consiruction of the rinci al l. Setbacks P P P h. Traffic Circulation structure to which iT is accessory. a. Front Setbacks No site plan shall be approved which will in any way 2. HeighT Where atljacent siructures have a differenT setback No accessor siructure shall exceed the hei ht of the from ihat required herein, the front setback of a new consTitute a hazard to vehicular or petlesirian cir- Y 9 culation. prindpal sTructure to which it is accessory. princ~pal sirucTure shall conform to the prevailing 3. Location setback in the immediate vicinity. The Adminisirator i. Access No accessory strucfure shall be located nearer the shall determine the necessary fronT seiback in such Access shall be To public sireeis from aT least iwo froni lot line ihan the principal sTructure to which it is cases. However, in no case shall a residential structure Points on the subject premises. j. Rules and Regulations of State Fire Marshall accessory. Accessory siructures may be located on be required to set back more ihan sixty (60) feet. yyith respect to automobile service stations, any through lots to the rear of the principal siructure, b. Side and Rear Setbacks building proposed to be used as a service station shall be providedthatThey are notcloserihan TwenTy (20)feetto Buildings m ay be exem pted from side and rear set- consTructed and maintained as required by the rules eifher front loT line. An accessory sirucTure may be back requirements provided party wal Is are used and if and regulations of the State Fire Marshall governing the located within the rear yard seiback required for the the adjacent buildings are constructed as an integral handling, siorage and Transportation of flam mable principal siructure provided ihat the lot is noT a ihrough unit, or if residential sirucTUres are to be consiructed liquitls. Every facility, whether underground or above lot and said accessory sTructure does not occupy more utilizin9 the "zero lot line" concept. Townhouse, 9round and whether indoors or out of doors, for the ihan iwenty-five (25 per cent) per cent of a required , shopping center, cluster developments antl componenis handling, sTOrage and movement of flammable liquids rear yard. ,of insiitutional facilities are examples of where ihis shall likewise be consiructed and maintained in ao a, Home Occupation orovision would apply. cordancewithTherulesandregulationsofiheSlateFire No home occupation shall be permitTed in any ac- cessory siructure. 2. Permitted EncroachmenTs Marshal. 5. AccessorY Retail Sales a. Features which are part of a principal structure, D. Areas Without Sanitary Sewer Accessory retail sales are permitted in business and including buT not limited to eaves, cornices, canopies, 1, Minimum Lot Area In areas not served by public sanitary sewers, single indusTrial disTricTS when directly associaTed with the awnings, open porches, balconies, steps, ramps, fire andtwo-family homesshall have a minimum lot area of principal use, and when incidental repair, processing escapes, and chimneys, may extend Three (3) feet into one acre, excepT smaller lots may be permiTted by and storage are necessary to conduct a permitted the required front, side, and rear setbacks. principal or special use; bui accessory use shall not b. ExTerior earih retaining siructures may encroach variance if it can be demonsirated ihat such lots will not exceed thirTy perceni (30 percent) of ihe floor space of to within 3' of the loT line. result in any contamination of the soil, ground water or anything else Thaf might endanger the public health. The principal siructure, and shall be enclosed within the c. Recreational equipment, picnic tables, uncovered 2 qreas NotTO Be Served Within OneYear principaf structure. outdoor eaTing facilities, and clothes drying equipment 6. Number in ResidenTial Districts may be located in rear yards provided these are not less Except as provided in the previous provisions hereof, In Residential Disiricis ihere shall be no more ihan than iwo (2) feet from any lot line. development is prohibited in areas noT served or to be one accessory siructure of a single type on any in- d. On a corner lot, nothing shall be placed or allowed served within one year. dividual lot. to grow in such a manner as to impede vision between a E. Design Stantlards 7. Size of CerTain Accessory STructures heighT of iwo and one-half and ten feet above the cen- The sTantlards established in ihis section are designed- Breezeways, detached outdoor picnic shelTers, open terline grades of the intersecTing sireets within fifteen To encourage a high standard of development by Page Five Ordinance 213 (continued) P•m. and 7:00 a.m. or the City as a whole. 5. Lighting b. Applicability providing assurances ihat neighboring land useswill be a. DirecTion The foregoing consideraTions shall be applicable to compatible. These standards are also designed to In all disiricis lighting shall be so arranged as to any permit applications other ihan detached dwelling preventandeliminatethoseconditionsihatcauseurban direct light away from adjoining lots and public streets. units. blight. All future developmenT shall be required to meet Direct or sky-reflected glare, from floodlighTS or high F. Performance Standards or exceed these standards. The standards shall also temperature processes such as combusTion or welding, 1. Maintenance apply to existing development where so stated. shall not be directed at any adjoining lots. In all districis, all buildings, siructures including Before any applications for development or con- b. Concealment or Hooding of Source fences, and required landscaping shal I be maintained so siruction under ihis Ordinance or the Building Code are The sourceof illuminateshall be hooded, concealed or as not to be unsightly or present harmful healih or approved, it shall be determined that the proposal will conirolled in a manner so as not to be visible from ad- safety conditions. bein conformance with the standards unless a variance loining lots or sireets. ~2. Refuse has been granted. It shall be the responsibility of the b. Access Drives a. Cantainment applicant to demonsirate such conformance. a. ProximiTy To Lot Lines In all disirict, all waste materials, debris, refuse or l. Off-Public STreet Parking Access drives may be placed adlacent to property garbage shall be kept in an enclosed building or be a. Area lines, except ihaT drives consisting of crushed rock or property screened and contained in a closed container For the purpose of Shis Ordinance, a parking space other non-finished surfacing shall be no closer ihan one designed for such purpose. shall be not less ihan three hundred (300) square feet (1) footto any side or rear lotline. b. Noxious Weeds and Objectionable Plant Growih per vehicle of standing and maneuvering area. In- b.ProximitytoResidenceorOTherPrincipalBuilding Landshallbekeptfreeofnoxiousweedsandunsightly dividual spaces shall be at least nine (9) feet in widih. No access drive shall be closer ihan Three (3) feei to or objectionable plant growth. b. Access any single or iwo-family residence nor closer than five c. Interpretation AIl off-sireei parking spaces shall have access (5) feeT to any other principal building. AIl exterior storage notincluded as accessory to the driveways and access directly to public sireets. Curb 7. Fences, Walls and Hedges permitted or special use or otherwise premitted by the cu15 for uses other than single-family homes shall be Fences, walls and hedges shall be permitTed in any Provisions of This Ordinance shall be considered to be approved by the Council. Curb cuts along arterial and Yard subject to the following: refuse. collector roads shall be held ai a minimum wherever a. Height of Solid Walls in General d. Compliance Deadline possible. Solid walls in excess of forty iwo (42) inches in height Existing uses shall comply with ihese provisions Any residential lot which has frontage on a local or are prohibited. wiThin sixty (60) days following the effective date of ihis collecior sireeT and a major or minor arterial (as b. HeighT of Fences in General Ordinance. definedbylheComprehensivePlanofArdenHills) shall Fences in yards other than front yards may noi ex- 3. Vehicle Parking . gainaccessonlyfromthelocalorcollecTOrsireei. ceed six (6) feet in height. a. Inoperable Vehicles c. Surface antl Drainage c. Height of Fences ansl Solid Walls in Front Yards Passenger vehicles and irucks ihat are in an Off-street parking areas shall be improved with a Fences and solid walls in excess of ihirty six (36) inoperable condition shall noi be parked ouTdoorsin the durable and dustless surface. Such areas shall be so inches in height in front yards are prohibited. CiTy for a period exceeding seven (7) days. graded and drained so as to dispose of al I surface water d. Openness of Fences "Inoperable" shall mean incapable of movement under accumulation within the area. Such surface for single Fences shall be aT least thirty percent (30 percent) itsown power and inneedof repairsora iunkyard. family homes may include crushed rock, while all oTher open for the passage of light and air. b. Parking in Residential DisTricts uses shall utilize a water sealing material as approved e. Barbs or Spikes on Fences Parking in residential districTs shall be limited to the by the City Engineer. No fence shall have barbs or spikes at any point less use of the occupants of ihose residences and iheir d. Location Than six (6) feet above the ground, except where the 9uesis. All cff-sireet parking spaces herein required shall be fence is used for agricultural purposes. c. On Public Sireet Parking located according to the tollowing: f. Placement of Fences along LoT Lines On public sireei parking shall-nol exceed six (6) 1. Spaces required for one and Two-family dwellings Fences may be placed along lot lines provided no 'continuous hours. shal I be on the same lot as the principal siructure. damage of any kind results to the abutting property. tl. Commercial ly Licensed Vehicles, Trailers and 2. Spaces required for multiple-family dwellings shall 9. Direction af Fence Facing Cabs be on the same lot as the principal siructure served or ThaTsideof ihefenceconsideredTObe iheface (facing No commercially licensed motor vehicle or irailer wiihin Two hundred (200) feet of the main enirance if not as applied To fence posis) shall face an abutting lot. wiTh a rated gross weight exceeding 7000 pounds shal I be located on the same lot. B. Screening parked or stored in a residential area except when 3. Spaces required for business and indusirial uses a. Residential Disiricis loading, unloading or rendering a service. shall be wiihin eight hundred (800) feet of the main Screening shall be required in residential disiricts e. Number of Parking Spaces for Hame OccupaTion enirance To the principal bui Iding served. where: No home occupation shall be permitted which creaTes d. No off-sireei parking space with the excepiion of 7. Ofif-sfreet parking areas contain more Than four (4) a need Por more ihan ihree (3) parking spaces at any driveway shallbe wiihiniwenty (20)feet of right-of-way parking spaces That are within ihirty (30) feet of an 9iven time in addition To the required spaces for the line of any public sTreet. adjoining loi. dwelling uniT. S. No off-sireet parking area coniaining four or more 2. The driveway to a parking area of more ihan six (6) f. Parking on Boulevards Prohibited spaces shal I be closer ihan five (5) feet from the side or parking spaces is within fifteen (15) feet of an ad joining No motor vehicle shal I be parked upon the boulevard of any public sireet. rear lot lines. lot. e. JoinT Facilities b. ProximiTy to Residential Lot g. Parking SeTback from Intersections The required off-sireet parking spaces for two or Screening shall be required where: Parking shall be set back from sireet intersections as more uses may be located joinTly on the same loi or in T. Any business or indusirial use is adjacent to any follows: the same siruciure when: zoned residential, along the boundary of any such l. 20 ft. from crosswalk of any uncontrolled in- 1. The number of spaces provided is equal to or residential lot; tersecTions. greater than the sum of the separaTe requiremenis for 2. Any business, parking lot or indusirial use is across 2. 30 ft. from crosswalk of any controlled in- , each use; and the sireet from a residential disirict, but noT on That side TersecTions. 2. The joini facility is within four hundred (400) feet of of a business or indusTrial use considered to be the fronT. 3. 20 ft. from any intersection without a marked each use to be served; and c. Mechanical Operating Equipment crosswalk. 3. It can be demonsiraTed thaT there will be no sub- Screening shall also be provided where mechanical 4. Exterior Storage stantial conflict in the principal operating hours of the operating equipment is located on the ground or on the a. Residential Disirict uses to be served; and roof of the premises, such screening shall be con- In residential disiricTS, all materials and equipment 4. A properly drawn legal insTrument, executed by the siructed and located so as to prevent direct view of said shall be stored wiihin e building or be fully screened so parties involved, is filed with the City and the proper equipment. as noi to be visible firom adjoining lots, except for the d. Types ol Screening following: Laundry drying and recreational equipmenT; CounTy office, if deemed necessary by the City At- torney, which provides for such mutual parking The screening required in Yhis section shall consist of consiruction and landscaping materials currently agreemenT which shall not be terminated withouT the a fence, wall or landscaping area subject to the ap- (within a period of iwelve (12) monihs) being used on approval of the Council. proval af the Council. Landscape plan!ing may be the premises; agricultural materials and equipment if f. Off Sireet Parking Spaces Required required in addiiion tothe screening fenceorwall, these are used or intended for use on the premises; off- Dwellings - 2 spaces per dwelling unit. e. Corner Lot sTreet parking of passenger cars and pick-up irucks. Churches, iheaters, audiToriums, mortuaries, and On corner lots, nothing shall be placed or allowed to b. BoaTS, Trailers and Utility Vehicles oTher places of assembly - 1 space for each 3 seats or 9row in such a manner as to material!y impede vision Boats, Trailers and utility vehicles are not permitted for each 5 feet of pew lengih, based upon maximum between a height of Two and one-half (21/2) and ten (10) excepiThose less than iwenty (20) feeT in lengih, which design capacity. feet above the centerline grade of any ad jacent sTreet if are permittesl if siored in the rear yard more Than ten Business and professional offices- 1 space ior each Wiihin fifteen (15) feet of any intersecting sireet right- (10) feeTfrom the lot line and are inconspicuous. 250 square feet of gross floor space. of-way line. 5. Electrical and Radiation Emissions Medical Clinics - 4 spaces for each doctor or dentist 9. Exterior STOrage No activites shall be permiTted fhat emii dangerous plus one space for each 250 square feet of gross floor All permitted exterior storage shall be screened from radio-activity beyond an enclosed area. There shall be space. view, excepi maTerials and equipment being used for no electrical disturbance adversely affecting the Retail Sales - 1 space for each 150 square feet of on-site consiruciion. operation at any point of any equipment other ihan ihat gross reTail sales floor space. 10. Bulk Liquid Storage of the creator-of such disiurbances. Motels, hotels, and TouriST homes- 1 space for each a. Special Use Permit 6. Emission ar CreaTion of Noise, Otlors, VibraTions, dwelling unit plus 7 space for each employee. All bulk storage of liquids or gas of a volatile nature Glare, Smoke, Heat, Toxic or Noxious Fumes Restauranis, Taverns, and bars - 1 space for each 3 shall require a Special Use Permit in order ihat the Emission or creation of noise, odors, vibrations, seats. Council may have assurances that fire, explosion or glare, dust, smoke, heat and Toxic or noxious fumes Servicestations-3spacesforeach enclosed bay plus 9round conlaminaTion hazards are not present. shall conform to such standards as are from time to 1 space for each full-time employee during any work b. Dyking for Certain A4ove Graund Stora9e Tanks time esTablished by the Minnesota Pollution Conirol shift. All above ground liquid storage tanks having a A9ency. None of These shall be at a level ihat is ob- Bowling alleys - 5 spaces per lane plus additional capaciTy in excess o4 iwo hundred (200) gallons shall iectionable to surrounding properties. spaces as required for relaTed uses. have dyking around said Tanks, suitable sealed, with the 7. Proximity of Residential Dwellings to Freeway Oiher business and industry - 1 space for every one capacity of holding one hundred and fifteen percent (115 No developer shall locate a residential dwelling of and one-half (lYz) employees (based upon maximum Percent) oi the tank capacity. whatsoever kind in an area adjacent to a freeway wiTh a planned employmeni during any work period) or 1 c. DisconTinuance o1 Hazardous Existing Storage 9reater noise magnitude ihan 70 dba as designated on space for each 1000 square feet of floor area, whichever Tank the applicable noise level map of the Minnesota requirement is the greater. Any existing storage tank ThaT constitutes a hazard to DeparimenT of Transportation unless he has firsi ob- ihe public safety shall be discontinued. tained written approval by said DeparTment of land- Uses noT specifically noted above including public d. Screening scaping or other screening measures which have the uses - Parking space requiremenTS shall be deter- All storage tanks shall be screened from view and effect of abating the noise level in the area to 70 dba or mined by the Council upon advice from the Planning conform to the required setbacks. less. Commission. 11. Traffic Conirol B. Lake Front Lots 2. Landscaping-Planting a. Avoidance of Hazards by ChannelizaTion All loTS having frontage on a body of water must be a. In all disiricts all developed uses shall provide and Thetraffic generated by any use shall be channelized mainTained in accordance with the following: maintain a landscaped area according to minimums in and conirolled in a manner that will avoid iraffic a. LocaTion of Principal Buildings and Landscaping the Disirict RequiremenTS Chari. Planting wiThin such hazards. No principal building shall be located within seventy area shall be subiecT to approval of ihe City Council. b. Regulation of Internal Traffic Flow five (75) feet of the high waterline and at IeasT sevenih b. In all disTricis all developed uses shall provide and Traffic, internal to PUDs, subdivisions, commercial five percent (75 percenT) of said seventy five (75) feet maintain a landscaped yard along all sireets. This yard and indusTrial siTes, shal I be so regulated as to insure its shall be landscapedor lefi in its natural state. shall be kepT clear of all siructures, siorage and off- safe and orderly flow b. Maintenance of Waterfront Area sireeT parking. ExcepT for driveways, the yard shall 12. Resirictions on Location of Non-residenTial Uses in The waterfront area shall present a neat and not exiend along the entire frontage of the lot and along boTh Residential DisiricTS unsightly appearance from the water and shal I be streets in the case of a corner lot. Such yard shal I have a In the granting of Special Use or Planned UniT protected from adverse conditions affecting the public. minimum depTh of at least twenty (20) feet from the Development Permits for non-residenTial uses to be For the purpose of ihis provision "adverse conditions" righT-of-way line. bcated in a residential districi on a site of one (1) acre shall be interpretetl to utilization of more ihan Ten c. Areas less fhan ten (10) feet in widih, or isolated or more, the Council shall not permit access from ihat percent (10 percent) of the shoreline for docks or other and lessihan five hundred (500) square feet in size, shall site to a cul-de-sac or local sireet and also shall not accessory buildings or siructures, grading or otherwise not be included in landscape area requiremenTs. permit any structure or hard surface area to be con- removing natural cover from the lake front area or , d. Quantity and character of landscaping, as siructed on said site closer than one hundred (100) feet accumulation on the lake fronT area of debris, the originally approved, shall be mainTained in perpetuity. from any adjacent residential lot. creation or maintenance thereon of safety hazards, cut 3. Drainage la. AesThetics or fill which change the natural shoreline, maintenance No land shall be developed nor shall any use be per- a. Evaluation of Impact of heal4h hazards Thereon and similar conditions. mitted ihat results in water run-off causing flooding, or The proposed design, scale, massing, materials, c. Location of Accessory Buildings or Siructures erosion on adjacent properties. AIl drainage shall be height and other aspecis of the subject malTer of any Accessory buildings or sTructures shall be located properly channefed into a storm sewer, water course, permit requested hereunder shall be evaiuated by the behind the high waTerline. ponding area or other facility as approved by the City planning Commission and the Council with respecT to 9. Animals Engineer and the Rice Creek WaTershed DistricT where siructures and properiies in the surrounding area. To a. Location of Buildings or 54rucTures Having iT has jurisdiction over the matter. This end, the Planning Commission and the Council shall Animals 4. Off-sireet Loading consider, prior to the issuance of any permit hereunder, Any building in which farm animals are kept shall be Off-sireet loading space shall be provided in con- Whether the appearance of the subjecP maTier is so ai located a distance of iwo hundred (200) feeT or more nection with any use which requires the receipt or variance with the siructures and properties in the from any lot line. Any open siructure in which farm disiribution of materials by Truck. Where noise from surrounding area asto cause a substantial depreciation animals are kept shall be a distance of four hundred such loading space is audible in a residential disirict, in ihe, property values in the surrounding arza or to (400) feei or more irom any lot iine. the acTivity shall terminate between the hours of 7:00 unreasonably deiract from the appearance of the area b. Maximum Number of Animals per Single Family Page Six Ardinance 213 (continued) in a sum equal to one hundred and tweniy five percenT 6. AcTio~ by Council (125 percent) of the estimated cost, as determined by TheCouncilmusTtakeactiononiheapplicationwithin Jwelling the CiTy Engineer, of improvemenis to be consiructed in sixty (60) days following the report to iT by the Com- Upiofour (4) domestic animals, excluding birds, may accordance with the Permit to insure completion mission or following a hearing held by the Council. be kept in any dwelling unit, bui not more ihan iwo (2) thereof within the time limit specified in the Permi}. Council action may include approval, denial or referral may be dogs. The conditions so imposed by the Council shall be back to the Commission. The applicani if any shall be c. Animals for Research specifically stated in the Permit. The violation of any notified in writing of the Council's action. Animals for research may be kept in appropriate special or general condition set forih in a Special Use 7, Resubmission of Denied Application places by Special Use Permit. permit shall consiitute a violation of This Ordinance. No application which has been denied wholly or in D. Changes in Specially Permitted Use part shall be resubmitted for a period of six (6) monihs 10. Site Grading Afier the Special Use Permit has been granted, the from the date of said order of denial. a, The maximum slope for graded earih surfaces usespeciallypermittedihereundershallbeestablished, B. Effectuation of Amendment shali be 3:1. conducted and mainiained in conformity with the terms In the event an application or amendment initiated by b. Earih surfaces shall be planted or stablilized to thereof, including all condiTions set forTh iherein. Any the Council or the Commission is approved, an ap- prevenT erosion. siructural alieration, enlargement, or intensification propriate amending oridnance shall be executed and c. Finished slopes and grades shall not cause adverse ihereof, or similar change not specifically permiited by published. Rezoning amentlmenis shall describe the drainage efifecis on adioining properTies. the Permit, shall require an amended Permit, and all property rezoned by its legal description, and shall be G. Requiremenis for Vehicular Circulation procedures shall apply as if a new Permit were being indicated on the Official Zoning Map, but it shal I not be 1, 7raffic and Circulation requesied provided, however, ihat when such changes necessary to re-publish said zoning map to effectuate All commercial and industrial buildingsor sTructures are deemed to be insignificant by the Zoning Ad- the rezoning amendment. and their accessory uses shall be accessible to and from minisirator the requiremenTS of a public hearing may 9. Effect of Rezoning Amentlment Upon Com- nearby public sireets and sidewalks by driveways and be waived. prehensive Devetopment Plan walkways surfaced with a hard, all weather, durable, E. Automatic Expiration Any change in zoning shall automatically amend the dust free material and properly drained. Vehicular In the event a Special Use Permit does not contain as Comprehensive Development Plan in accordance with iraffic generaTed by a commercial or indusirial use a special condition a time limit, it shal I automatically said zoning change. Such change shall be recorded as an shall be channeled and conirolled in a manner ihaT will expire and become void one (1) year from and afier the amendment to the Comprehensive Development Plan. avoid congestion on the publ ic sireets, iraffic hazards, date on which it was granTed unless the use for which it B. Re:onings and excessive iraffic Through residential areas, par- Was granted has been substantially esiablished or 1, qpplication ticularly iruck traffic. The adequacy of any proposed consiructed or unless upon written application made by The applicani for a rezoning shall fill out and submiT Traffic circulation sysiem to accomplish ihese ob- ihepersonlowhomihePermitwasgranTedwithinsuch to the Zoning Adminisirator an applicafion togeiher jectives shall be determined by the City which may Year, the Council shall have extended the expiraTion WiTh the required fee and six (6) copies of the require sueh additional measures for Traffic conirol as date of such Permit for an additional period, not to documentation required by this subdivision. deemed necessary, including but not limited to the exceed six (6) monThs. 2. DocumenTation Required If the use for which any Special Use Permit has been The applicanT shatl file the following documentaTion following: Direciional signaiization, channelization, granied has ceased or has been discontinued for a to support his application for a rezoning: standby turn lanes, illumination and storage area and Period of ninety (90) consecutive days, the Permit shall disiribution faciiities wiihin the commercial site to a. Ownership Report prevent back-up of vehicles on public sireets. Internal automatically expire and becomevoid atiheend of such qn ownershiP report showing the apparent record siTe traffic shall be designed to separate perimeter ninety (90) day period. owners of the property and ihose within ihree hundred traffic and parking stalls areas. Said stalls shall be F. Issuance of Building Permit Before Special Use and fifty (350) feet of the outer limits of the property oriented so as to accommodate pedesirial iraffic in a Permit Prohibited whichisihesubjectofiheapplication.lfiheapplicantis safe manner such as but not limited to orienting parking No Bui Iding PermiT shall be issued for any use in a noT the record owner of the property, wriTten consent of . aisles toward the principal site uses. zoning district which requires the issuance of a Special the owner shall also be filed. 2. On-Site Parking Facility Use Permit before it can be locaTed in the particular b. LocaTion Map A building permit shall be required in such case disirict, until afier the Specia! Use Permit has been q map indicaTing the general location of the subiect where a commercial, indusirial, public or semi-public 9ranted by the Council. properTy. land use is intending to consiruct an on-site parking G. Special Uses c. Survey facility containing a site aggregate of more ihan four Special uses and the particular zoning disiricts in A plot plan or survey, drawn to scale by a registered ;4) spaces or a loading facility of any kind and the Which ihey may be allowed to be located after the surveyor, delineating the site dimensions, and the facility is noT a part of, or has prior approval as a part of Council's issuance of a Special Use Permit, are location of all buildings and sirucTUreson and within one a site plan for which a building permit has been issued. designated in the Land Use Chart set forth on page 2-4 hundred (100) feeT of the properiy. 3. Driveway Widths: (Measurements Between hereof. d. Comprehensive Plan Statement Roadway Edges) H. Medium and High Density Residential Uses q written statement indicating how the proposed Type: One-way, maximum feeT: 25, minimum feet: In the granting of Special Use PermiTs for medium rezoningwillbeinharmonywithandinconformitywiih 10and high density residential uses the Council shall first the Comprehensive Development Plan for the City. If Type: Two-way, maximum feet: 25, minimum feet: find ihaT the proposed development is in compliance the proposed rezoning is not in conformity with said 20 with the adopted Comprehensive Development Plan for plan, the statemenf shall clearly demonsirate ihat the 4. Minimum Driveway Angle to Public Sireet Arden Hills, boTh in Terms of the various policy proposal is equal to or better Than the Plan. I1 shall be 7hiriy (30) degrees when pu6lic sireetis one-way or siaTemenis and the site IocaTion set forth therein. shown that there has been an essential change in the divided, otherwise sixty (60) degrees. SECTION VIII - ADMINISTRATION AND condiTions and-or character of the area since the 5. Minimum Distanse of Driveway from STreet In- PROCEDURES property was last zoned. tersections A. AmendmenTS e. Development Plan - Distance shall be measured along street righT-of-way 1- Initiation In order to visualize the resulis of any rezoning, the line beYween the nearest driveway edge and the nearesT An amendment to ihis Ordinance may be initiated by applicant shall prepare and submit a preliminary right-of-way line of the intersecting sireet. the Council, the Planning Commission or by application development plan for the properTy requested to be rezoned. This plan shall be used by the Commission and If the driveway and the intersecting and the driveway enters Council for discussion purposes only, but will serve to enters a sireet sireetisclassified lane approaching or illusirate the potential development of the site should classified as a as a leaving intersection the rezoning be granTed. Approaching Leaving+ 3. Business Districis Local Sireet Local street, Collector Before any new area is rezoned To a business sTreet or Minor ArTerial 15 fT. 15 fT. classification, the property must be located adiacent to Major Arteriai 20 ft. 15 fT. an arterial or collector road as shown on the Com- CollecTOr Street Local Street 20 ft. 15 fi. prehensive Development Plan, or the rezoning will be and Mir.or Coliector, Minor an extension of an existing business disirict. Arterial ArTerial 25 ft. 15 fT. C. Special Use Permits MajorArterial 35fi. 20ft. 1• Application Malor Ar?erial Local SireeT 20 ft. 15 tt. The applicant for a Special Use Permit shall fill out - CollecTOr, Minor and submit to the Zoning Adminisirator an application Arterial 25 fT. 15 ft. Together with the required fee and six (6) copies of the MalorArterial 40ft. 20fT. documentation required by ihis subdivision. 200 ft. 100 ft. 2. Dacumentation Required Expressway Ramp The applicant shall file along with the required ap- +NoTe: Mirimum disiance to be the same as thaT ptication fee the following documentation to support his of affected properfy owner(s). Nn amendment not application for a Special Use Permit unless, in the specified for approaching lane if lefi Turns are per- iniTiaTed by the Commission shall be referred to the opinion of the Zoning AdminisTrator, certain of the mitted inio or euT of driveway. Commission tor study and report and may not be acted toliowing documenis or paris ihereof can be waived SECTION VII - SPECIAL PRINCIPAL USES upon by the Council until it has received the recom- unTil furiher requesT: A. Purpose and Intent mendation of the Commission on the proposed amend- a. Ownership ReporT Ii is recognized That certain principai uses of land, menTor until sixty (60) days have elapsed from the date The ownership report shall show the apparent record al*hough generalty compafible with the basic use of reference of the amendment To the Commission, owners of the property which is the subiect of the ap- classification of a particular zoning disirict, should not Whichever occurs first. plicaTion, and ihose within ihree hundred and fifty (350) be Rermitted generally and as a matTer of right to be 2. Official Notice of Publ+c Hearing feetofiheouterlimitsihereof. Ifiheapplicant isnotihe locatetl in every area included within the zoning district a. Published Notice record owner of the property, written consent of the because of hazards inherenT in the use itself or special No amendment shall be adopTed until a public hearing owner shall also be filed. proble;ns which its proposed location may present. Such has been held ihereon by the Commission or the Council. b. Survey a use of a particular site may, neveriheless, be specially A notice of the Time, place and purpose of the public The survey shall contain the following data: permitted by means of a Special Use Permit, granted by hearing shal I be published in the official newspaper at 1. The date, norih point, map scale, name and address the Council, afTer the procedures set forih in this Or- leastten (10) dayspriortothedayofihehearing. dinancehavebeencom IiedwilhandtheCouncil,onihe of the applicant, owner, operaTor, surveyor, engineer P b. Maiied Notice; Rezaning Amendments and designer includingiheir license numbers and seals; basis of the guidelines and criteria seT forih in ihis When an amendment involves changes in disirict z. A correct legal description of the subiect property section, has cle?=rmined ihai the facts and cir- boundaries, i.e. rezoning, an additional notice shall be cumstances of the particular case warrant granting the mai!ed at least ten (10) days before the day of the made and certified to be a registered land surveyor; Permit. The Permit shall be granted solel 3. Depiction of all water courses, lakes, marshes, Y for the hearing to each owner of affected property and properiy wooded areas, rock ouPCrops, power iransportation propr,sed use of a parTicular site, not for a particular situated wholly or partly within Three hundred and fifty person or firm. (350) feet of the property to which the amendment Polesandlines,gaslines,singletreeswithadiameterof b. General Criteria eighi (8) inches or more as measured Three (3) feet relaTes. For the purpose of giving mailetl notice, the above the base of the Trunk, and any other significant ;n deTermining whetherto grant a Special Use Permit Zoning Adminisirator may use any approprite records existing feaTUres. for the proposed use of a particular site, the Council to determine the names and addresses of owners. A q, Delineation of Topography of subiect property with shal I consider the factual findings, conclusions, and copy of the notice and a I ist of the owners and addresses conTOUr intervals of noT more than two (2) feet and recommendations of the Planning Commission, as to which the notice was sent shall be atTested to by the supplementals of one (1) foot in exiremely flat areas, contained in its report, and both shall consider the effect ZoninS Administrator and shall be made a part of the the data for which shall be derived from the fifth of the proposed use upon the healih, safety, con- records of the proceedings. The failure to give mailed general adjusiment of 1929; venience, and general welfare of the owners and oc- notice to individual prQperty owners, or defecis in the 5. The location, right-of-way widih, dimension, and cupanis of surrounding land, in particular, and the notice shall not invalidate the proceedings, provided a names of existing or dedicated sireets or other public community as a whole, in 9eneral, including but not bona fide attempt to comply with ihis subdivision has lands, permanent buildings and siructures, easemenis, limited to the following factors: Exis4ing and an- been made. section and corporate lines within the subject property ticipated traffic and parking conditions; noise, glare, J. Rezoning Amendmenis; Additional Procedures in and within a distance of one hundred feeT (100) of the - odors, vibraTion, smoke, dusT, air pollution, heat, iiquid Subdivision B outer limits thereof; or solid wasie, and oTher nuisance characteristics; Rezoning amendmenis shall also be governed by the 6. Descripiions, reference ties and elevations of all drainage; population tlensity; visual and land use provisionsseTforThin Subdivision B ofihissection. bench marks; compaTibiliTy with uses of and siructures on surroun- 4. Public Hearing by PlanninE Commission 7, Location of all monumenis, existing at the time of ding land; adjoining iand values; and the orderly Within sixiy (60) days after the date of receipt of the the survey and ihose which the surveyor shall have development of the neighborhood and the City within the application by the Zoning Adminisirator or the Coun- located at the corners of the subiecT property; and general purpose and intenT of ihis Qrdinance and the cil's initiation of the amendmenT, the Planning Com- 8. Reference to and relations of municipal, township, Comprehensive Development Plan for the City. mission shall hold a public hearing and make a wriYten counTy orsection lines to linesof the subiect property by C. Imposi4ion of Conditions: Vialations Thereof repori To the Council of iTs findings, conclusions and distances, angles, radii, internal angies, poinis and In the granting of a Special Use Permit, the Council recommendations,unlesstheCommission,uponwritten curvatures, tangent bearinys and lengihs of all ares. may impose such special conditions, in addition io the request of the applicant, granis a time extension. c, Site Plan gen2ral conditions and requiremenis of ihis Ordinance 5. Atlditional Hearings Council The siTe plan shall conTain such information as may Sovhich every Special Use PermiT shal{ be subiect, as it The Council may hold additional hearings within be deemed necessary or desirable including, but not deems necessary toserve and protectihe healih, safefy, ihirty (30) days after the receipt of the report from the limiTed to the following: convenience and general welfare of the community. Commission. If the Commission fails to make a report 7. Location of all existing and proposed buildings and Sucn condiTions may include, among oiher ihings, a within sixty (60) days after receipf of the application, siructures on and within one hundred (100) feet of the time limit wiThin which the special permitted use, or a ihen the Council shall hold a Public Hearing wiThin outer limits of the subiect property, along with their por*ion thereof, or improvemenis in connection ihirty (30) days afTer the expiration of said sixty (60) heighis, square footage and tlimensions; iherewith are to be established, consirucizd, completed, day period, unless the Council upon receipt of a writien p. Location of curb cuts, driveways, parking spaces or commenced and a requirement ihat the person or requesi, granis an extension of Time. Failure to receive firm To whom the Special Use Permit has been granted a reporifrom ihe Commission as herein pravided, shall and off-sireet loading areas; 3 Loc deposit wiih the City either case or a Performance bond noT invalidate the Proceedings or actions of the Council. sto. ation , size, and type of STOra9e facilities for the rage of irash, waste materials and snow; Page Seven • , J Ord i na nce 2 1 3 (co n tin u ed) shall be maintained. A violation of any condition set 6. Indication of Ipcation, size, and type of storage forTh in the Permit shall be a violation of ihis Ordinance facilities for the sTorage of trash and waste materials. 4. Plans for drainage, erosion conirol, sedimentation and shall be cause for revocation of the Permit. In the 7. Drainage plan of the proposed site. conTrol; and event ihat the Council proposes to cancel or revoke a 8. Location of utilities. 5. Location of utilities. Special Use Permit, except where such permit expires b. Lighting Plan d. Lighting Plan aT a certain time by iis own terms, the Council shall The lighting plan shali show the location and type of The lighting plan shall show the location and type of cause written notice ihereof to be given to the occupier any exterior lighting to be used to illuminate the any exterior lighting to be used to illuminate the and owner, and they shall have an opporfunity to be proposed site. . proposed site. heard, but no further notice need be given, c. Planting Plan e. Planting Plan 13. Adminisirative Records The planting plan shall indicate the location, size and The planting plan shall indicate the location, size, and The Adminisirator shall maintain a record of al I Type of proposed plant materiais to be used on the site. typeof all proposed plan'ting materials to be used on the Special Use PermiTS issued, including information on d. SirucTural Plans site. the use, location, conditions imposed, time limita, 1. Elevation drawings or illusirations indicating the f. Siructural Plans review dates, and other such information as may be architectural ireatment of all proposed buildings and l. Elevation drawings or illusTrations indica4ing the appropriate. sTructures. archiTecTUral ireaiment of all proposed buildings and It shall be the responsibility of the Administrator to 2. General floor plans of all proposed buildings and siructures. advise the Council of any expiring time limit, prior to structures. 2. General floor plans of all proposed buildings and expiraTion and-or violation of any Special Use Permit. 3. Type of use, number of employees, users or oc- siructures. D. Variances cupanis expected. 3. Type of use, nu mber of e m ployees, users or oc- 7. Adherence to the provisions of ihis Ordinance is 4. Type, location and Treatm ent of inierior and ex- cupants expected. required except for special caseswhich arise because of terior mechanical devices, such as venis, exhaust fans, 4. Type, location and ireatment of interior and ex- the configuration of a parTicular parcel. A variance or air conditioners, elevators. terior mechanical devices, such as vents, exhausT fans, variances may be granted frcro specific provisions of 5. Design layoui and size of all proposed signs. air conditioners and elevators. ihis prdinance because such land factors as lengih of a 6. Outline specifications for the proposed siructures. 5. Design layout and size of al I proposed signs. side of a lot, the shape of the lot or the unusual terrain 2. Referral to Planning Commission 6. Outline specifications for the proposed siructures. prohibit reasonable development equivalent To ihat Upon the receipt of the applicaTion and the 3. Referral to Planning Commission which would be permitted without variance on a similar documentationrequired,iheAdminisiratorshall place Upon the receipi of the application and the six (6) size lot located in the same district, but which lot has na the matter on the agenda for the Planning Com- copies of the documentation required by the previous unusual configuration. mission's next regularly scheduled meeting unless such paragraph, the Adminisirator shall place the matter of 2. In no case shall the granting of a variance impair meeting is within seven (7) days of such receipt. In the the application on the agenda for the Planning Com- the healih, safety, comfort and general welfare of the event the application is received by the Adminisirator mission's next regularly scheduled meeting unless such within seven (7) days of the next re ularly scheduled public, nor will it be conirary to the inient and purpose 9 meeting is within seven (7) days of such receipi. In the of the Comprehensive Plan, the Official Map, or ihis or Commission meeting, it shall be placed on the Com- evenithe applicationis received by the Administrator any oTher Ordinance of the City, mission's agenda for the next subsequent regularly within seven (7) days of the regularly scheduled scheduled meeting ihereof. Commission meeting, it shall be laced on the Com- 3. Variances normally relaTe Yo the dimensional P provisions of the Ordinance such as, but not limited to, 3. Referral To OThers mission's agenda for the next subsequent scheduted building setback lines, IoT area requirements and the The Administrator shall also refer copies of the ap- meeting thereof, (either Special or Regular). like. Variances in use ihat are not permitted in the Plication and required documentationin supporithereof 4. Relerral To Others disirict shall not be permitted. to other City officiafs who have an interest iherein in The Administrator shall also refer copies of the ap- 4. The Council maY impose conditions in the granti accordance with the required administrative plication and required documentation in supporf ihereof ng distribution schedule. To oTher City officials who have an interest Therein in of variances to insure compliance and To protect ad- jaceni properties. 4. Planning Cammission Review accordance with the adminisirative distribution 5. Variance to height of siructure may be granted in The Planning Commission shall review the ap- schedule as from time to time is established and accordance to VI B.3.b. plication and supportive documentation. The applicant mainTained by the Adminisirator. 6. Procedure or his represeniative shall be given the opportunity to 5. Planning Commission Review The procedure for the granting of variances is as appear before the Commission to answer questions or The Planning Commission shall review the ap- follows: give explanations regarding the proposed use. The plication and documentation in support ihereof and a. An application for a variance shall be filed with ihe Commission shell submiT its report, containing its upon finding them to be complete, with the ownership Adminisirator stating the exceptional condiTions and findings, conclusions, and recommendations as to the approved by the Attorney, shall insiruct the Ad- application, within ninety (90) days of receipt of full minisTrator to schedule a public hearing with all Peculiar difficulties claimed. Also submitted at ihis time shall be the required fee and supporTive documentaTion, To the Council. reasonable prompiness after such determination. documentation as may be deemed necessary. No Buiiding Permit for permitted principal uses in 6. Official Notice of Public Hearing b. The application shall be referred to the Board ot Business or Industrial Disiricis shall be granied by the a. Publishetl Notice Appeals and Adjustment for siudy concernirg the effecT Council until the report of the Commission has been The Adminisirator shall cause to be published in the on the character and development of adiacent received and considered by the Council. official newspaper of the City aT least ten (10) days but properties. The applicant may request to appear before 5. AcTion by the Council not more ihan ihirty (30) days prior to the date of the the Board in order to answer quesiions and to explain Within thirty (30) days following the date of the public hearing on the application for a Special Use the request. The Board may hold public hearings as it receiptof iheCommission's report,the Council shall act Permit, a notice describing the proposed use and site deemsnecessarywheneveritdeTerminesihaTadjoining upon the application. The Council may, only upon iherefore and setiing forih the location, time, date and property owners or oiher residenis in the City should be Written request by the applicant, exTend iTS time for purpose of such hearing. advised of the proceedings or given an opportunity to consideration and action. Nothing in ihis paragraph b. Mailed NoTice appear ihereafter. shall prohibit the Council from holding such hearings as In addition to the notice required above, a similar c, yyithin ihirty (30) days of receipt of applicaTion, the it deems necessary within the ihiriy (30) day period notice shall be mailed by the Adminisirator at least Ten goard shall prepare a report of its findings and following the receipt of the report of the Commission. (10) days prior to the daTe of the official public hearing recommendations following iis consideration of the Council action may include approval, approval wiih on the application, to each owner of property situated application. conditions, denial in whole or in part, tabling for a wholly, or partly within Three hundred and fifty (350) d. The repori of the Board shall be sent specified period of time, or referral back to the Plan- feei oi the property to which the application for Special simultaneously to the Planning Commission and the ning Commission tor its furiher consideration of the Use Permit relates. Council. This repor} shall be considered by the Com- application and reporT to the Council within a specified c. Record of Notice mission at its next regular meeTing after receipi of the period of time. The applicant shall be notified in writing A copy of the notice and a list of the names and ad- of the Council's action. dresses To which the notice was sent shall be attested to report, or at such special meeting as the Commission In the event the Council denies in whole or in art the by the Adminisirator and shall be made a art of the shall deem proper. P records of the proceedings. P e. The Planning Commission shall consider the ap- application, it shall furnish the applicant wiih a writien plication and report ifs tindings and recommendations document advising him of the denial and specifying the d. Failure of Written Notice tothe Council within ihirty (30) days of iTs receipt of the factual bases and reasoning upon which the denial was The failure to give mailed noTice to individual goard's report. Rredicated. properTy owners shall not invalidate the proceedings, f. The reporis of the Planning Commission and Board 6. Resubmission of Denied Applicationa provided a bona fide attempi to comply wiTh ihis sub- of Appeals and Adjusiment shall be placed on the No application which has been denied by the Council division has been made. agenda of the Council at its nexT regular meeTing afTer shall be resubmitted for a period of ai least six (6) 7. Public Hearing the application has been considered by the Commission. months from the date on which said application was The Planning Commission shall conduct the public At such meeting the Council shall consider the report of denied. hearing. The applicant or his representative shall be the Board and the report, if any, of the Commission 7. Expiration af Building Permit Approval given the opportunity to appear befiore the Commission ihereon. In the absence of a report from the Com- Building Permit approval shall automatical ly expire to answer questions or give explanaTions regarding the mission, it shall be conclusively presumed ihai the and become void one (1) year from and after the date on proposed special use. The Commission may adjourn the Commission has no obiection to the Board's report and Which the Council granted such approval if the Building public hearing to its next meeTing, either regular or recommendation. Permii has r.ot been issued by the Building Inspector. special, and may coniinue its study and consideration of g. In ccnsidering applications for variances, the The Council may extend the expiration date of such the application aT meetings subsequent To the meeting Council shall consider the advice and recommendations Permii approval for an additional period not to exceed at which the public hearing was initially held. Upon of the Board and the Commission and may grant the six (6) monihs upon written application by the person to compleTion of the public hearing and its sTudy and variance if it determines ihat the variance is per- Whom the Permit approval was granted. consideration of the application, the Commission shall 8. Periodic Review submit its written report, containing its findings, missible in accordance wiTh the foregoing standards. A riodic review of the Variances may be denied by motion of the Council and Pe permiT and its condiTions conclusions, and recommendations as to the ap- Such motion shall constitute a finding and deTer- shall be maintained. A violaTion of any condition set plication, fo the Council. mination ihat the conditions required for approval do forth in the permitshall be a violation of ihis Ordinance, No Special Use Permit shal I be granted b the Counci! not exist. !Jo application for a variance which has been and shall be cause for revacation of the permit. In the Y denied wholly or in part shall be re-submitted for a event ihat-ihe Council proposes to cancel or revoke a unti! a public hearing hes been held ihereon by the permit, the Council shall cause written notice ihereof to Commission, and the report of the Commission has been Period ot six (6) monihs from the date of said order of received by the Council. denial. be given to the occupier, and owner shall have an op- 8. AcTion by the Council h. IT is confemplaTed ihat any work involved or Portunity to be heard, but no furiher notice need be Within sixty (60) days following the date of the receipt required by reason of a variance will be commenced 9iven. 9. AdminisTraTive Records of the Planning Commission's report the Council shall Promptly and concluded within a reasonable Time. The Zoning Adminisirator shall maintain a record of act upon the application for a Special Use Permit. The Accordingly, all variances shall be granTed on the Council may, only upon wriTten re uest b the a automaTic condiTion ihat such work shall commence all permits issued, including information on the use, Q Y p within six (6) monihs after the granting of the variance location, conditions imposed, time limits, review dates, plicanf, extend its time for consideration and action. A and concluded within one (1) year afTer such granting. and such other information as may be appropriate. majority of iheful! Council shall be required to grant a It shall be the res nsibility of the Adminisirator to Special Use Permit. Nothing in This paragraph shall This condition need not be specifically stated within advise the Councif of an e prohibit the Council from holding such additional the variance, antl ihis is not iniended To limit ihe Y xpiring time limiT and-or hearingsasitdeemsnecessarywithinThesixtY (60) daY authoriiy of the Council with respect To imposition oF violation. period following the receipt of the report of the Com- oTher or different Time limitaTions if deemed proper in F. STructure Relocation mfssion. the parTicular case. Any house or other siructure to be moved onto a Council action may include a It shall be the responsibility of the Adminisirator to vacani lot in Arden Hills shall iully comply wiTh all pproval in whole or part, check on ihese time limitations or any oTher limitations applicable provisionsof this Ordinance and the Building denial in whole or part, tabling for a specified period of contained in the variance and advise the Council of any Code. ApplicanT shall submit documenfation and allow time, or referral back To the Commission for its furiher breach thereof. Breach of the limitations, whether inspection to ensure compliance wiTh all applicable consideration and report To the Council within a codes. specified period of time not to exceed sixTy (60) days conTained herein or specifically in the variance iTSelf shall be grounds for cancelling the variance. G. Planned Unit Development Permits from the date of such referral. The applicant shall be 1. Purpose and intenT notified in writing of the Council's action. E. SiTe Plan Review l Use Permit The issuance of a Building Permit for any permitted The purpose of ihis subsection G is to encourage, 9. Deniai of Specia In ihe event ihe Council denies in whole or in art the Principal use, or the modification of any site im- Preserve and improve the healih, safety and general P provement listed herein far any established use, within `'elfare of the ci}izens of the City of Arden Hills by application for a Special Use Permit, it shall furnish the any Business or Industrial zoning disirict shall require encouraging the use of contemporary land planning applicant with a written documenT advising him of the the following site plan review procedure: principles and coordinated communiYy design through a denial and specifying the factual bases and reasoning planning and design technique hereinafter referred to upon which the denial was redicated. ~ocumentation Required p as the "Planned Unit DevelopmenT" or "PUD," which 10. Re-submissian of Application Denied The applicant shall file along with the required ap- motes the develo ent of land in a unifietl manner plication and fee, six (6) copies of the following Pro pm No application for a Special Use Permit which has documentation to the AdministraTOr: by ireating the entire tlevelopment as a singleentity and been denied by the Council shall be re-submitted for a a. Site Plan relaxing the sirict application of standard zoning and period of at least six (6) months from the date on which The site plan shall contain such informaTion as may subdivision requiremenis. The following provisions are said application was denied. interded to ensure ihaT the Planned Unit Develo 11. Amendmen4s of S eeial Use Permit be deemed necessary or desirable including, bui not pment P limited to the following: fechnique is properly and effeciively utilized. I1 is in- - An amended Special Use Permit application shal I be 7, q plot plan or survey, dravyn to scale by a registered tended ihaT ihese provisions will foster: administered in a manner similar to that required for a new Speci~l Use Permit. Such applications shall include surveyor, delineaTing site dimensions including fot fines a. Flexibility in land developmeni to benefit from new a re-applicaTions for Permits ihat have been denied, and setbacks thereirom. technology in building design and consiruction and in revoked, or have expired; renewal of temporary per- 2. Location of all buildings and siructures on and land development. mits; requesisforchangesinconditions; andsuchother "thinonehundred (100)feetofiheproposedsite. b. Variety in the organization of site elemenis, land insiances as are provided for in ihis Ordinance. 3. Location of all buildings, heighis, and square uses (non:residentia! and residential), building den- 12. Periodic Review footage. siTies, and building and dwelling types; A periodic review of the Permit and its conditions 4Curb cuts, driveways, parking spaces. c. Higher standards of siTe and building design 5. Off-sireet loading areas. through the use of irained and experienced professional Page Eight O rd i na nce 2 1 3 (con ti n u ed) 3. General Plan of consiruction relating each proposed use and siruc- a. Application, DocumeniaTion and Administrative ture To the consiruction of the various services and land planners, landscape architecis, registered ar- Procedure facilities as may be required herein. Said component chifecTS, engineers and surveyors to prepare plansfor Within six (6) months afTer obtaining concepT ap- shall include estimated completion dates and shall ai! Planned Unit Developmenis; proval or within such extended period of time as the specify the proposed order of requesT for utility release d. Preservation and enhancemenT of desirable site Council has agreed to or as an alternative to submitting or authority to occupy completed structures so as to characteristics and open space; a concept plan for approval,the applicani for general provide a basis for determining the adequacy of the e. More efficien4 and effeciive use of land, open space plan approval of a Planned Unit DevelopmenT shall relaTed services and facilities for each separate con- and public facilities; and complete and submit to the Zoning Adminisirator an siruction phase. f. Effectuation of policies and standardsaf the Arden application on such forms as are provided by the Ad- 7. Additional Componenis Hills Comprehensive Development Plan. ministrator together with the required fee and six (6) The General Plan of Development may include as 2. Concept Plan (OpTional) copies of the documentaTion required in Section VI I I. C. additional componenis; A Recreation Component; a a. OpTional Procedure 2. ollhis Ordinance plus the additional documentation Public Building Component, providing for consideration An applicaTion desiring approval of a Planned Unit required herein-below in the nexi subparagraph hereof for adminisirative and public safety quarters; and such Development has 4he optian of first applying for concept With respect to developmenT tracisfive or more acres in other ComponenTS indicated by the nature of the par- approval fhereof and than proceeding to obtain general size or of such complexity that more detailed and Ticular proposed development. plan approval, or may insteatl apply in the firsT instance complete plans are warranted. He shall also include in S. Coniractual ComponenT for general plan approval without first having to obtain said documentation, in addition to the documentation This component shall contain any and all proposals concepT plan approval. required by said Seciion V I I I. C. 2., a written statement for homeowners' agreemenis, convenants and b. Applicafion, Documenta4ion and AdministraTive that the general plan is in conformity wiih the plan as resiricYions proposed for the development and-or Procedure conceptually approved by the Council, or if ii is noT in management proposals and plans for the development, The applicant for concepT approval of a Planned Unit contormity with the plan as conceptually approved by and any other agreemenis or contracis affecting the Development shall complete and submi4 to the Zoning the Council, he shall specify in said written statement owner or owners of individual units or of the entire AdminisiraTOr an application on such forms as are all the deviaTions from the concept plan. proiect proposed under the general plan procedure. provided by the Adminisirator Together with the The adminisirative procedure thai the City shall d. Denial of Application for General Plan Approval required fee and six (6) copies of the following follow in processing such application shall be ihat In the event the Council denies the application for documentation: procedure set forih in Section VI 11. C. of this Ordinance General Plan approval, it shall furnish the applicant l. Ownership Report in itsentireTy plus the addiTional requiremenis provided with a wrilTen document advising him of the denial and Ownership Report which complies with Section VI I I hereinbeiow in ihis subsection G. of Seciion VII I of ihis specifying the factual bases and reasoning upon which B. 2. a. of ihis Ordinance. Ordinance. For purposes ofihis subsection G.of Seciion the denial was predicated. 2. Survey VlllofThisOrdinance,ihephrase"Special UsePermiT" e. Resubmission oi a Denied Application Survey which complies with Section VIII B.2.c. as used in Section VIII. C. shall be deemed and mean No application for general plan approval and a - 3. Site Plan "Planned Unit Development Permit," and upon the Planned Unit Development Permit which has been Site plan showing the locaTion of all existing and Council's approval of the applicant's general plan, it denied by the Council shall be resubmitted for a period proposed siructures on the entire development tract, shall grant and issue a Planned Unit Development of at leasT one (1) year from the date on which said including all portions ihereof lacaTed in an adlacent Permit. application was denied. municipality. b. OTher Requirements Applicable ta Planned Unit f. STa9etl DeveloPments 4. Written SfatemenT Development Permit It is recognized ihat certain Planned Unit Develop- A written statement by the land owner setting forih In making its decision as To whether to approve the menis may involve the staging of consiructian over a the following: applicanYS general plan and grant a Planned Unit subsiantial period of time. If the Planned Unit a. The size of the developmeni iract; Devefopment Permit to him, the City Council shall be Development is proposed to be devefoped over a period b. The nature of the applicanT's interest iherein; ~ 9uided by the provisions of Section VII. A. B. and C. which will exceed iwo (2) years, the applicanT may c. The density of land use to be al located to the paris After the Planned Unit Development Permit has been request general plan approval of the entire project and of the area to be developed; granted, ihe provisionsof Section VII. D. E. and F. shall ihefirststage thereof and permission to submit detailed d. The function, ownership and manner of main- be applicable to such Planned Unii Development information respecting each successive stage of the tenance of common open space; PermiT and the Planned Unit Development to be con- development as the same is reached. Detailed plans e. The feasibility of proposals for the disposition of sTructed in accordanceTherewith, and any references in shall be submitted for approval to compleTe the sanitary wasTe and storm water; said Seciion VII. to "Special Use Permit" shall be requirement of the general plan for each stage, in ac- f. The period of time within whith the deveiopment deemed tor purposes of ihis Section VIII. G. to mean cordance with the approved Consiruction Order tract will be developed and a staging schedule; "Pianned Unit Development Permii." Component forming a parT of the Planned Unit g. The required modifications in the zoning and c. AddiTional Documentafion Required for General Development Permit. Said Construction Order Com- subdivision regulations otherwise applicable to the Plan for Larger Complex Areas ponent shall be made a required part of the documen- development Tract; and 1. Land Use Componeni tation necessary for general plan approvals of ihis sort. h. The reasons why, in the developer's opinion, the A land use component shall consist of a map or maps g. Final Plat modifications from the sirict application of the zoning setting forih the disiribution, locafion and extenT of the Unless the requirement for a final plat has and subtlivision requiremenis otherwise applicable to area of land devoted to each category of land use specifically been waived by the City Council in its the development iract and the Planned Unii Develop- existing and proposed as part of the general plan of issuance of the Planned Unit Development Permit, the ment in general would be in the public interest and developmenT including, but not limited to, the existing permittee of such Planned Unit Development Permit would be consisTent wiTh the City's Comprehensive and proposed coverage of area by bui Idings and streets. shall, not later ihan Three (3) monihs after the date of Development Plan and the general purpose and intent of Said map or maps shall encompass not only ihat portion the Council's approval of his general plan and graniing ihis Ordinance. of the development tract located wiThin the City but also of such Permit, proceed to seek the City Council's ap- Affer submission of the application and documen- any portionthereof located in an adiacent municipality. proval of his final plat of the developmeni iraci or a tation requiretl above, the City of Arden Hills shall Said componenT shall also contain a description portion ihereof by following the procedure and follow the adminisYrative procedure for obtaining a statemenTOfobiectivesprinciplesandsTandardsusedin providing the documentation required for final plat Speciai Use Permii set forth in Section V I 11. C.3., 4., 5., its formulaTion. approval in the City's Subdivision Ordinance. In the 6 and 7. Nothing herein contained shall be deemed To 2. 7raffic and Parking Component evenT the permittee fails to commence such proceeding forbid or discourageinformal consultations between the A iraffic and parking component shall consist of a to obtain final plat approval within said ihree (3) applicant and the City Planner prior to the filing oi an map or maps seTting forih the general location and monihs period, the final plat, Planned Unit Develop- application for concepT approval provided no statement exient of all iransportaTion and parking facilities ment Permit, and general plan shall be considered void, or represenTation made by said Planner shall be binding exisTing and proposed as part of the general plan of nullified and revoked unless an extension is requested in upon the City of Arden Hills. development of the entire development iract including writing by the permittee and for good cause granted by c. Action by Council any portion ihereof located in an adjacenT municipality. the City Council. Upon approval by the CiTy Council, the Wifhirsixty (60) daysfollowingihe dateof the receipt In addiTion, it shall include, amang oiher ihings, final plat shall contain on its face a cross reference to of the Planning Commission's report, the Council shall documenTaTion, daTe or expert testimony in sufficient the previously approved Planned Unit Development act upon the application for concept approval. The detail to show the impact of iraffic expected to be permitandihegeneralplanmadeapartihereof. Council may, only upon written request by the ap- 9enerated by the proposed development over the course h. Development Agreement and Bonding to Assure plicanT, extend its time for consideration and acTion. A of its growth and expansion upon the curreni and periormance and Conformance to General Plan maiority of the full Council shall be required To grant ProjectedTraffic in surrounding sireets; to demonstrate To assure that all improvemenis to be consirucfed as concepi approval. Nofhing in This subseciion shall Sheadequacyofparkingtacilitiesinlightofexistingand part of the approved general plan are completed in prohibit the Council from holding such additional Projected population of the development; and to show accordance with the terms and conditions of such plan, hearingsas itdeemsnecessarywithinihesixty (60) day adequacy of sireeis providing access to and from or each phase ihereof as outlined in the Consiruction period following the receipi of the reporT of the Com- proposed and existing parking facilities. Said com- Order Component, the City Council at the time of its mission. ponent shall also conTain a descriptive statemenT of approval of said general plan or any final plaT required Council action may include approval of the concept objecfives, principles and standards for its formulaTion. thereby, whichever is later, may require the permittee plan as submitted, approval of the concept pian subject 3. Population Component to enter into and file with the Adminisirator a io specifiesi condiTions noT included in the plan as sub- A population component shall coniain a descriptive Devetopment Agreement with the City and a corporate mitted, denial of the concept plan as submitted, tabling statement of the standards of population density and surety bond guaranteeing the faiihful performance of for a specified period of time, or referral back to the building intensity for the various proposed land uses, the permittee's obligations under said Development Planning Commission for its furiher consideration and including esTimates of fuTUre population characteristics Agreement and the completion of all improvements report fo the Council wiThin a specified period of time and change with the planned community correlated provided for in said general plan in a penal sum equal to noi To exceed sixty (60) days from the daTe of such re- with the oTher componenis of the general plan of one hundred and iwenty five percent (125 percent) of the referral. The applicant shal I be notified in writing of the development. The supporting data shall include, bui not cosT of such improvemenis as estimafed by the CiTy Council's acTion. be limited to, dwelling (housing) units per acre for the Engineer, which Agreement and bond shal I be filed with d. Concept Approval Subject to Specified Canditions various residential uses proposed; and square footage the Adminisirator no later ihan ihirty (30) days after In the event concepi approval is granted subject to by type for the various non-residential facilities in- such requirement has been made by the CiTy Council. In specified conditions, the applicant shall, wiThin forty- cluding sufficient data to calculate iraffic generation, the event the permiitee has failed to enter into said five (45) days after receiving the written notice of the parking requiremenTS, water consumption, sewage Agreement and to file the same along with said bond Council's decision, noTify in writing the Council of his needsandihe n2cessary capacityof related utilities and with the Adminisirator by the expiration of said ihirty refusal to accept all of said condiTions in which case the services traditionally rendered by public and private (30) days period, the Planned Unit Development Per- Council shall be deemed to have denied concepT ap- organizations for a population of such size as is mit, final plai (if any), and approved general plan shall proval of the plan. In the event the applicant does not so Proiected for the completed, planned development. be deemed void, nullified and revoked unless an ex- notify the Council within said period of his refusal to 4. Subdivision Design Component tension is requested in wriTing by the permittee and for accept all of said condiTions, concept approval of the Iniheevenithedevelopmentiractistobesubdivided, gootl cause granYed by the City Council. The Develop- plan with the specified conditions shall star,d as gran- the developer shall submit a subdivision design com- ment Agreement may provide for several bonds Ted. ponent, otherwise, such component shall not be covering separate aspecis of the Planned Unit e. Deniaf of Aoplication for Concep4 Approval required. A subdivision desi9n componeni shall contain Development, the aggregate of which shall total one In the evenf the Council denies the application for a descriptive siatement of the principles governing the hundred and fwentyfive percent (125 percent) of allihe concepi approval, it shall furnish the applicant with a proposed subdivision of land including lot design for {mprovemenis to be consiructed and completed by the writTen documeni advising him of the denial and variousproposedlanduses.ThiscomponenTwill include permittee pursuant to the approved general plan, in specifying the factual bases and reasoning upon which all of the documentation necessary for preliminary plat which case each said bond required by such Develop- The denial was predicaTed. approval as found in the Subdivision Ordinance of the ment Agreement shall be filed along therewiTh within f. Resubmission of a Denied Applica4ion City of Arden Hills, unless waived by the Planning the period above-stated. It may also require guarantee No application for concept approval which has been Commission or Council. This component shall be in bonds in the penal sum of one hundred percent (100 denied by the Council shall be resubmitted for a period sufficient deTail so ihat it can serve as the basis for percent) of the cost of completed improvemenTS, as of ai least six (6) monihs from the date on which said determining the conformity of any site plan to the estimated by the City Engineer, to guarantee such application was denied. general plan of deveiopment. improvemenis for whatever lengths of time are g. Effect of Concept Approval S. Services and Facilities Component specified iherein. The release of any bond or any portion Concept approval shall in no way bindihe City Council A services and facilities component shall contain ihereof shall either be governed by the terms and to subsequent approval of the general plan and issuance map(s) setting forTh the general location and extent of provisions of such Development Agreement or shal I be of a Planned Unit Development Permit pursuanT any and all existing and proposeo sysTems for sewage, based upon the recommendation of the City Engineer or thereto. A plan which has been given concept approval domesTic water supply and disiribution, refuse disposal, C;fy planner and approval thereof by the City Council. as submitted or which has been given concept approval drainage, local utilities and rights-of-wap, easemenis, i. Open Space Easements and CovenanTs wiih conditions which have been accepied by the ap- tacilities and appurtenances necessary iherefore. In To assure the City of the continued maintenance of ~,ticanT, provided the applicant has noT defaulied nor addition, it shall indude a grading plan showing in any open space, recreational areas, common areas and violated any of the conditions of the concept approval, sufficienT detail the amount and type of fill or ex- the like which are proposed to be ownetl and maintained shal I not be modified or revoked nor otherwise impaired cavation to be used To accomplish the grading of the by a homeowners' association to be formed by the by aclion of the CiTy pending an application for general development iract; or portion ihereof, the contours of permittee will not be devoted to purposes other ihan plan approval, without the consent of the applicant, the areas to be graded, and provisions made for storm ihose Por which ihey were originally inTended, the City provided an aFPlication for general plan approval is water drainage sothat the City can assess ihe impact of Council may require ai the time of its approval of the submitted to the City in the manner hereinafter such grading upon the remainder of the development general plan or its approval of any final plat required provided within six (5) mcnths of the daTe on which ?ract and the surrounding neightmrhoods. Said com- ihereby, whicheverislater,ihatihe permittee execute concepT approval of the plan was granted by the ponenishallalsocontainadescriptivestatemenisetiing and grant to the City Open Space Easements and Council. The Council may, only upon written request by forth objecTives, principles and siandards used for its Covenants, approved by the City Council at the time the applicant, extend ihis six (6) monihs' period. In the formulation, as well as a detailed statement describing such requiremenT is made, which shall be filed by the evert the applicant shal I fail to file said application for the proposed ownership, method of operaTion and permittee wiThin ihirty (30) days afTer the City Council general plan approval within said six (6) monihs period, maintenance of each such service and facility. has made such requirement. In the event the permittee upon the expiration of said period of Time the concept 6. Consiruction Order Component has failed to execute said Open Space Easemenis and apprcval of his plan shall be deemed to have been A consiruction order component shall contain a map Covenanis and to file the same with the AdminisTrator revoked and nullified. or maps setting forih the proposed chronolo9ical order by the expiration of said ihirtY (30) days period, the Page Nine y Y ~ . Ordinance 213 siructure, or portion thereof, constiTuting or containing E. Land Reclamation (continued) a non-conforming use, which has been declared unsafe In addition to the requiremenis set forih in this Or Planned Unit Development Permit, final plat (if any) by the 9uilding Inspector or other adminisirative of- dinance, land reclamation activiTies are sublect to the and general plan shall be deemed To be void, nullified ficer. requiremenis conTained in the Arden Hills Code of and revoked unless an exTension has been requested in C. Construction Approved antl Begun Prior to Ef- Ordinances and amendmenis ihereto. writing by the permittee and for good cause granted by lective Date F. Signs the City Council. To avoid hardship, nothing in ihis Ordinance shall be In addition to the requirements set forih in ihis Or- SECTION IX - BOARD OF APPEALS AND AD- deemedtorequireachange -iniheplans,construcTionor dinance, all signs are subiect to the requiremenTs JUSTMENT designated use of any building for which a building conTained in the Arden Hills Code of Ordinances and A. AppoinTment permit has been issued and the consiruction of which amendmenis thereto. A1 the first regular meeting o( the Council afTer the hasbegunpriortoTheeffectivedateofihisOrdinanceor G. Massage, Sauna, and Rap Parlors effective daTe of ihis Ordinance and ihereafTer at the any amendmenT hereto. In addition to the requiremenis set forih in ihis Or- first Council meeting in each calendar year, the Mayor D. prohibited ActiviTies; Non-Conforming Use dinance, all massage,sauna and rap parlors are subiect shall appoint a Board of Appeals and Adjustmenis. The No non-conforming use shal I be changed to a different to the requiremenis contained in the Arden Hills Code of Board shall consist of not more ihan five nor less ihan non-conforming use, enlarged, inTensified, increased, Ordinances and amendmenis thereto. Three residents of the City, and the Mayor shall appoinT extended to occupy a greater area of the lot on which or SECTION XII - ENFORCEMENT one of the members as its chairman. The appoinimenis building in which it is located, moved to any other pari A. Enforcing Officer shall be submitted to the Council and shall become of the lot on which or building in which it is located, 1. This Ordinance shall be adminisiered by the Ad- effective upon approval of the Council by a majority consiructed, reconsiructed, siruciurally aliered or minisiratorandenforcedbytheCityCouncilwhichmay vote of the entire Council. Vacancies during the remodeled (except as provided in the next paragraph institute in the name of the City any appropriate actions calendar year shall be filled by appoinTmenT of the hereof). or proceedings againsi a violaTOr as provided by iaw. Mayor with approval of the Council by a maiority vote E. Repairs, Maintenance and Interior Remodeling; 2. The adminisirator, appointed by the Council shall: of the entire Council. Non-Conforming Use a. Determine if applications comply wiTh the B. Organi=ation and Procedures Ordinary repairs, maintenance and interior requiremenis of this Ordinance. l. Establishment of Procedures remodeling noi involving siructural alteration of the b. Shall cause Building Inspector to conduct in- The Board may establish its own rules of procedure, building constituting or containing a non-conforming spections of buildings and the use of land to deTermine which shall not be inconsistent with or conirary to the use, are hereby permiTted. compliance with the requirements of ihis Ordinance. statutes of the State of Minnesota or the ordinances of F. Restoration; Non-Contorming Use c. MainTain current and permanenT records of ihis the City. A building or siructure constituting or containing a Ordinance,including but notlimited to,The zoning map, 2. Appoiniment of Additional Officers non-conforming use hereafter damaged or desiroyed by amendmenis, special use permits, variances, appeals The Board may appoint such furiher officers as it any cause may be restored if the fair markeT cost of and applications. deems necessary, including a Vice-Chairman and such restoration would be less ihan 4ifty percenT (50 d. Receive, file and forward all applications for ap- Secretary. perceni) of the fair market value of such building or Peals, variances, special use permits and amendmenTs 3. Voting siructure on the date immediately prior to the date on to the appropriate official bodies. Each member, including the Chairman, shall be which such damage or destruction occurred as deTer- B. Fees entitled to voTe on all questions. mined by the Building Inspector. 1. The fees for the various applications of ihis Or- 4. Records G. Discontinuance of Non-Conforming Use dinance shall be established by the City Council. Such The Board shall keep written records of its minuTes, If a non-conforming use is discontinued or ceases to fees may be reviewed and revised by the Council its proceedings, and the findings and determinations exist for any reason for a one (1) year period, the periodically. made by it on all matters referred to it. building or siruciure constituting or containing ihe non- 2. The required fee is payable at the time of the filing 5. Hearings conforming use, or the land upon which the non. of the application with the Zoning Adminisirator. Ap- The Board may hold hearings as it deems necessary conforming use is being conducted, shall ihereafter be plications shall not be placed on the Planning Com- whenever it determines That adjoining property owners used in conformance with the regulations of ihis Or- mission's agenda unless the appropriate fee has been or oiher residents in the City should be advised of the dinance applicable to the zoning disTrict in which iT is paid; however, no fee shall be charged for discussion proceedings or given an opporTunity to appear located items. thereafter. H. AmortizaTion of Non-Conforming Use C. Violations and PenalTies C. Powers A building consiituting or containing a non- l- Any person, firm, corporation, or voluntary The Board shall have the following powers: conforming use shall be torn down and removed from associationwhichviolatesorrefusestocomplywiih any 1. Appeals the lot on which it is located, or canverTed to a con- of the provisions of ihis Ordinance shall be guilty of a To hear appeals where it is alleged that there is an forming use, by the end of a reasonable period of misaemeanor for each day of violation, and upon error in any order, requiremeni, decision, or deter amortization ihereof; in no case less ihan 5 years after conviction ihereot shall be subjed To a fine of not more mination made by an adminisirative officer in the notificaTion by the City Council. ihan five hundred dollars ($500.00) and-or im- application and-or enforcement of fhis Ordinance, anq prisonmeni noi to exceed nineTy (90) days. report its findings and deTermination to the Council for I. Prohibited Activities; Non-Conforming Building 2. In the event of a violation or a ihreatened violation iTS action. No non-conforming building shall be increased, of ihis Ordinance, the Council, in addition to other 2. Variances enlarged or altered in a way which au4ments its non- remedies, may institute appropriate actions or To hear requesis for variances from the IiTeral conformity. proceedingsto prevent, restrain, correct, or abate such J. Restoration; Non-Conforming Building violations or threatened violations and it shall be the provisions of ihis Ordinance in instances where iheir In the event a non-conforming building is hereafTer duty of the Attorney to insTitute such action. stricTeniorcemenTwouldcauseunduehardshipbecause , desiroyed by any cause, if shall noi be restored or SECTION XI11 - EFFECTUATION of r_ircumstances unique to the individual property , reconsiructed except in conformity wiih the applicable A. Separability under consideration, and to recommend the granting of requirements of This Ordinance. It is hereby declared to the inteniion ihat the several such variances only when it is demonsirated that such K. ConsTruction of Single Family Dwelling and Ac- provisions of ihis Ordinance are separable in ac- action will be in keeping with the spi~it and intent of ihis cessary Buildings on Non-Conforming Lot cordance with the following: Ordinance. A single family dwelling and cusTOmary accessory 1, If any court of competent jurisdiction shall adiudge 3. RePerrals buildin s, ma be erected in anY disirict in which single The Board shall consider such other matters as may g Y any provision of ihis Ordinance to be invalid, such be referred fo it by the Council, Planning Commission, family dwellings are permitied on any single lot of judgement shall not affecT any other provision of ihis Zoning AdminisTrator or as required by other or- recordaiYheeffectivedateofadoptionoforamendment Ordinancenotspecificallyincludedinsaidjudgement. d"fnances. to ihis Ordinance, provided That all other requiremenl5 2. If any court of competent iurisdiction shall adludge 4. Elfect of Determinatians are metforthe disirict in which it is located. invalid the application of any portion of ihis Ordinance Thefindings and determinationsof the Board shall be SECTION XI - SPECIAL PROVISIONS to a parTicular property, building, or other siructure, advisory only and shall have no binding effect. The A. Mobile Home Parks such judgement shall not affect the application of said Council may take such action on the findings and In addition to the requiremenis set forih in this Or- provision to any oTher property, building or siructure recommendationsof the Board as itdeems proper in ihe dinance, mobile home parks are subject to the not specifically included in said iudgement. circumsiances. requirements contained in the Arden Hills Code of B. Ordinances Repealed SECTION X - NON-CONFORMING USES Ordinances and amendmenis ihereto. The following ordinances are hereby repealed: BUILDINGS AND LOTS B. Swimming Pools Ordinance No. 99, and all ordinances repealed A. Intent In addition Yo the requiremenis set forth in this Or- ihereby; ordinances 113, 123, 130, 136, 138, 739, 146, 148, A nomconforming use may be continued subject to the dinance, swimming pools are subiect to the 152, 173, 174, 188, 196, 197, 199, 201 & 202. provisions of this Seciion, but it is the intent of the Or- requiremenis contained in the Arden Hills Code of C. Ef(ecTive Date dinance not to encourage its survival because of its Ordinances and amendmenis ihereto. This Ordinance shall be effeciive from and after its incompatibility with permitTed uses in the zoning C. Mining adoplionbytheArdenHillsCityCouncilandpublicaTion disirict inwhich it is locaTed. A non-conforming building In addition to the requiremenis set forTh in ihis Or- in the New Brighton Bulletin. may continue to exist so tong as it is used for purposes dinance, mining acTivities are subject to the Adopted by the Arden Hills City Council ihis 281h day permitied in the zoning district in which it is located requiremenis contained in the Arden Hills Code of of February, 1980. because its incompatibility is merely Technical in Ordinances and amendmenis ihereto. ATtesT: D. Soil Processing CharlotTe McNiesh nature. In addition to the requiremenis set forih in ihis Or- Clerk AdminisTrator B. Unsafe Building or STructure dinance, soil processing activities are subject to the Henry J. Crepeau, Jr. Nothing in this Ordinance shall be deemed to prevent requirements contained in the Arden Hills Code of Mayor the resforation to a safe condition of any building or prdinances and amendmenis ihereto. (Bulletin: March 6, 1980) Page Ten