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HomeMy WebLinkAbout1994-08-02 - P & Z Agenda Packet PLANNING AND ZONING COMMISSION AGENDA TUESDAY, AUGUST 2, 1994 - 7:00 P.M. CALL TO ORDER: APPROVAL OF MINUTES: 1. June 7, 1994 meeting minutes. 2. July 5, 1994 meeting minutes. OLD BUSINESS: 1. City Survey Results. 2. 1995 Budget. 3. Updating Ordinance #4. 4. Any other old business? NEW BUSINESS: 1. Any new business? ADJOURN. I PLANNING AND ZONING COMMISSION MEETING MINUTES TUESDAY, JULY 5, 1994 - 7:00 P.M. PUBLIC HEARING - Request for Variance - 7236 Clear Ridge. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, July 5, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variance from Ordinance #4, TABLE B - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Side yard setback. The variance requested is to construct a deck into the side yard setback as follows: 4.5 feet on the northwest corner and 3 feet on the northeast corner. The property is legally described as Lot 25, Block 1, L'Allier Estates II and commonly known as 7236 Clear Ridge. Chairperson Tourville called the hearing to order at 7:12 p.m. Present: LaMotte, Vermeulen. Absent: Drilling, Welk. Chairperson Tourville described the nature of the application and explained the action to be taken by the Planning and Zoning Commission. i Steve Leslie, 7236 Clear Ridge, applicant for the variance was present to address questions and concerns of the Planning and Zoning Commission. The Planning and Zoning Commission reviewed a letter dated June 15, 1994 from Steve and Theresa Leslie regarding their request for variance. A copy of this letter is attached to and made a part of these minutes. Mr. Leslie expressed that without a variance the deck would be odd in size. Mr. Leslie noted without a variance the largest the deck could be is 7 1/2 feet at the northwest corner and 7 feet at the northeast corner. - Theresa Brenner, 7206 Clear Ridge, was present. Ms. Brenner noted she does not oppose the variance. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Hearing adjourned 7:20 p.m. PUBLIC HEARING - Request for Variance - 1594 Peltier Lake Drive. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, July 5, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variance from Ordinance #4, TABLE B - SCHEDULE OF DISTRICT r P &Z MEETING MINUTES f JULY 5, 1994 PAGE TWO d REGULATIONS - LOT AND YARD REQUIREMENTS - Rear and /or side yard setback. The variance requested is to construct a deck into the rear and /or side yard setback of an odd or irregular shaped lot as follows: 7.5 feet from the west property line (a side yard variance of 2.5 feet) and a 20 foot variance from the rear property line at the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The property is legally described as follows: Lot 1, Block 1 Burque Addition #1 and commonly known as 1594 Peltier Lake Drive. Chairperson Tourville called the hearing to order at 7:21 p.m. Present: LaMotte, Vermeulen. Absent: Drilling, Welk. Chairperson Tourville described the nature of the application and explained the action to be taken by the Planning and Zoning Commission. Amy Ebsen, 1594 Peltier Lake Drive, applicant for the variance was present to answer questions and concerns of the Planning and Zoning Commission. Mark Glocke, 7246 Main Street, was present. Mr. Glocke noted he does not object to variance request. John Watson, 1585 Peltier Lake Drive, was present and offered comment. Ms. Ebsen noted they are proposing a 12 x 16 foot deck. Ms. Ebsen noted the door to the deck swings out, there is not a sliding door, and intrudes on the usable space of the deck. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Hearing adjourned 7:30 p.m. PUBLIC HEARING - Request for Variance - Lot 1, Block 6, Village of Centerville. Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held a public hearing on Tuesday, July 5, 1994 at the City Hall. The purpose of the hearing was to hear all persons present regarding a request for variance from Ordinance #4, TABLE B - SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Front yard setback. A twenty -five (25) foot variance is requested from the front yard setbacks. This would result in a ten (10) foot front yard setback abutting Progress Road and Heritage Street. The purpose of the request for variance is to construct a single family home on a 50 x 150 corner parcel. The property is legally described as Lot 1, Block 6 Village of Centerville. Chairperson Tourville called the hearing to order at 7:35 p.m. Present: LaMotte, P &Z MEETING MINUTES JULY 5, 1994 PAGE THREE Vermeulen. Absent: Drilling, Welk. It was noted that neither the property owner Edward Kuntz or the applicant Dennis Erickson were present at the public hearing. Chairperson Tourville noted the public hearing was scheduled for 7:00 p.m., however was delayed to accommodate the possible late arrival of the applicant or property owner. Chairperson Tourville described the nature of the application and explained the action to be taken by the Planning and Zoning Commission. Richard Kinning, 7059 Progress Road, was present. Mr. Kinning expressed objection to the request for variance. Mr. Kinning explained he would not like to see a home placed ten feet from the street right -of -way. Mr. Kinning expressed concern regarding the number of children in the neighborhood and the possible obstruction of visibility at the intersection. Mr. Kinning thought the home should line up with the abutting properties. John Saline, 1716 Heritage Street, was present. Mr. Saline expressed objection to the request for variance. Mr. Saline noted a home being placed that close to the road could create a "blind" intersection. Mr. Saline also expressed concern regarding the effect on the value of surrounding properties with a home placed so close to the property line. John Watson, 1585 Peltier Lake Drive, was present and offered comment. Motion by Vermeulen, second by LaMotte to adjourn the public hearing, motion carried unanimously. Hearing adjourned 7:50 p.m. REGULAR MEETING Pursuant to due call and notice thereof, the Planning and Zoning Commission of the City of Centerville held their regular meeting at the City Hall. Chairperson Tourville called the meeting to order at 7:51 p.m. Present: LaMotte, Vermeulen, City Council Liaison Brenner. Absent: Drilling, LaMotte. MINUTES: June 7. 1994 meeting minutes Motion by Tourville, second by LaMotte to table consideration of the June 7, 1994 meeting minutes due to lack of quorum of members present at the meeting for approval, motion carried unanimously. NEW BUSINESS: i— k f � ) t } { P &Z MEETING MINUTES JULY 5, 1994 PAGE FOUR Request for Variance - 7236 Clear Ridge. It was noted that variances have been granted previously for similar situations. Chairperson Tourville noted the problem of meeting the side yard setback appears to exist due to the placement of the home on the lot. Motion by Vermeulen, second by LaMotte to recommend to the City Council approval of the request for variance of Steve and Theresa Leslie, 7236 Clear Ridge, to construct a deck into the side yard setback as follows: 4.5 feet on the northwest corner and 3 feet on the northeast corner based upon the following justifications: - Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; the lot is irregular in shape; the placement of the home on lot, the home is centered on the lot with a 16 foot setback from each side yard; the placement of the patio doors; Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; variances to construct a deck into the side yard setback have been previously granted; Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values with the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; and that there does not appear to be any objection from neighboring properties, motion carried unanimously. Request for Variance - 1594 Peltier Lake Drive. Motion by LaMotte, second by Vermeulen to recommend approval of the request for variance of Ron Barnes and Amy Ebsen, 1594 Peltier Lake Drive, to construct a deck into the rear and /or side yard setbacks of an odd or irregular shaped lots as follows: 7.5 ! feet from the west property line (a side yard variance of 2.5 feet) and a 20 foot variance from the rear property line at the �• full width of the lot and lying between the rear line of the lot and the nearest line of the principal building based upon the I i P &Z MEETING MINUTES JULY 5, 1994 PAGE FIVE following justification: Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and do not result from the actions of the petitioner; the lot is irregular in shape (three sided); the placement of the home on lot; the distance from the corner of the lot; Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; variances to construct a deck into the side yard setback have been previously granted; Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values with the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city; and that there does not appear to be any objection from neighboring properties, motion carried unanimously. Reauest for Variance - Lot 1 Block 6 Village of Centerville Motion by LaMotte, second by Vermeulen to recommend to the City Council to deny the request for variance of Edward Kuntz and Dennis Erickson, Lot 1, Block 6 Village of Centerville for a twenty -five (25) foot variance from the front yard setbacks which would result in a ten (10) foot front yard setback abutting Progress Road and Heritage Street to construct a single family home a 50 x 150 corner parcel based upon the following justification: Special conditions and circumstances do not exist which are not the result from the actions of the petitioner; Literal interpretation of the provision of this ordinance would not deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; a variance was granted by the City Council on June 11, 1986 to the south property line (off of Heritage Street) of Lot 1, Block 6 Centerville to allow construction of a single family home no closer than 16 feet to that property line; Granting the variance requested will confer on the applicant special privilege that is denied by this ordinance to other lands, structures, or buildings in P &Z MEETING MINUTES JULY 5, 1994 PAGE SIX the same district; a similar request for variance due to the fact the house is to large for the lot was previously denied; The proposed variance will impair the public health, safety, or welfare of the residents of the city; the placement of the single family home may impair the visibility at the intersection, motion carried unanimously. OLD BUSINESS: Update Comprehensive Plan /MUSA Extension. Motion by Vermeulen, second by LaMotte to recommend to the City Council to ask the Metropolitan Council for an extension of MUSA; also to recommend that a Planner be consulted regarding the amount of additional acreage and to help coordinated a development pattern for the extension of MUSA; City staff is directed to forward the information researched to the City Council, motion carried unanimously. ! 1995 Budget. Motion by Tourville, second by LaMotte to table discussion of the 1995 budget, motion carried unanimously. NEW BUSINESS: City Survey Results. Motion by Tourville, second by LaMotte to table discussion of the results of the City Survey, motion carried unanimously. ADJOURN: Motion by Tourville, second by LaMotte to adjourn the meeting, motion carried unanimously. Meeting adjourned 8:50 p.m. Respectfully submitted, Sanna E. Buckbee Assistant City Clerk J P & Z Financial Statement Balance from previous years 1986 thru 1992 $4,616.69 1993 Budget Amount $1,500.00 1993 Expenditures $ 693,91 1993 Carry over $ 806.09 1994 Budget Amount $1,500.00 1994 Expenditures thru 5/31/94 $ 210.00 1994 Carry over_ $1,290.00 1994 balance as of May 31, 1994 $6,712.78 PLANNING AND ZONING FINANCIAL STATEMENT 1986 Budget amount $900.00 1986 Expenditures $539.40 1986 Carry over $360.60 1987 Budget amount $900.00 1987 Expenditures $630.00 1987 Carry over $270.00 1988 Budget amount $2,156.00 1988 Expenditures $2,032.26 1988 Carry over $123.74 1989 Budget amount $2,030.00 1989 Expenditures $ 502.65 1989 Carry over $1,527.35 1990 Budget amount $2,030.00 1990 Expenditures $2,195.00 1990 Overage ( $165.00) 1991 Budget amount $2,030.00 1991 Expenditures $ 190.00 1991 Carry over $1,840.00 1992 Budget amount $1,500.00 1992 Expenditures $ 840.00 1992 Carry over $ 660.00 BALANCE FROM BUDGET ACCOUNTS $ 4,616.69 August 1, 1994 TO: Paul Palzer Public Works Director /Building Inspector FROM: Sanna Buckbee Assistant City Clerk RE: Planning and Zoning Commission's suggestions for Updating Ordinance #4 ----------------------------------------------------------------- ----------------------------------------------------------------- Attached are suggestions the Planning and Zoning Commission is considering for updating Ordinance #4. Your comments and suggestions are welcome. Thank you. cc: Planning and Zoning Commission SUGGESTIONS FOR UPDATING ORDINANCE #4 8 -11 -92 ARTICLE 1. - GENERAL PROVISIONS 12. JURISDICTION. Addition of "Future Expansion" (residential, commercial, industrial) Zoning District. 13. DEFINED WORDS. Need for more definitions. ARTICLE 2. - ZONING DISTRICTS AND DISTRICT REGULATIONS 21.01 DISTRICTS. Addition of a High Density Zoning District for apartments, etc. Future Expansion Zoning Districts. 22. MAP. "It shall be the responsibility of the City Clerk" amend "It shall be the responsibility of the Zoning Administrator." 24. SCHEDULE OF REGULATIONS. (2) Have Building Inspector review. (6) Why is this in the ordinance? What is the purpose. 25.03 RESIDENTIAL DENSITY. Address Multifamily dwellings. 25.04 SPECIAL USES. Re -name to Conditional Uses. All references to Special Use Permits should be amended to Conditional Use Permits. Still would have control over site plan. 25.05 ZERO LOT LINES. Apply towards twin homes. Better define "this" (abutting /common wall) 25.06 MANUFACTURED HOMES. Some grammatical corrections needed. 25.08 OTHER GENERAL LIMITATIONS. Is this section necessary? What is the purpose. Under (a) bulk needs to be defined; (b) what is the meaning; (c) need for non - conforming. 25.10 FINAL GRADING AND LANDSCAPING. 25.10 -2; 25.10 -3; 25.10 -4. Need to be more specific; tends to be repetitive. 25.10 -5 Check to see how amendment was published. Reservation should be preservation. 25.11 FENCES. #2. and #6. Should they be combined? ARTICLE 3 - SUPPLEMENTARY REGULATIONS. This section needs to be beefed -up. Greg Hellings, City Attorney is to get examples from other cities. 32.02 ACCESSORY USES. 32.02 -1 "table board" what is this? 32.03 SIGNS. 32.03 -4 Is not consistent with State Law. 32.03 -6 (9) Grammatical error. 32.03 -7 Pull public hearing notice. Was or should have (2) and (3) on top of page 9 be 32.03 -8 and 32.03 -9? 32.05 PRIVATE SWIMMING POOLS AND COMMERCIAL PONDS. Move or reference Section 25.12? 33.01 DWELLINGS. Ask the Building Inspector if the R -4 district homes exceed the 20 feet maximum structure height. 33.03 EXCESS HEIGHT ON PERMIT. Have John Stewart, City Engineer, review. Cellular I Tower, water towers. Is this section necessary? 34. YARDS. 34.01 GENERAL REQUIREMENTS. Grammatical error. Now Reads: "The minimum depth of front yards,..." Amend to Read: "The minimum depth of front yard,..... 34.01 -4 Now Reads: "(1) Off - street parking spaces and access drives for non - residential uses - 20 feet." Amend to Read: "(1) Off - street parking spaces and access drives for residential uses - 20 feet." Now Reads: "(3) Recreation facilities, entertainment facilities, all business uses and all industrial uses - 60" Amend to Read: "(3) Recreation facilities, entertainment facilities, all business uses and all industrial uses - 60 feet As written (1) and (3) conflict with each other. 34.06 AMOUNT OF YARD OCCUPIED. Now Reads: "A detached accessory building not over one story and not exceeding twelve (12) feet in height may occupy not to exceed ten (10) percent square footage of the area of any rear yard." Amend to Read: " In Residential Zoning Districts R -2, R2A. R -4 and R -5 a detached accessory building not over one story and not exceeding sixteen (16) feet in height may occupy not to exceed ten (10) percent square footage of the area of any rear yard." 34.07 ADDITIONAL REGULATIONS. Delete: 34.07 -1 - No detached accessory building shall be within five (5) feet of the s i d e l i n e of the front h a l f of any adjacent lot except as herein - before specifically permitted." Re- number 34.07 -2 to 34.07 -1 Delete: 34.07 -3 "The foregoing rules do not require: (1) Any detached accessory building to be more than seventy -five (75) feet from any street line bounding the lot. (2) The street side of any detached accessory building to be nearer to the lot line opposite the street line than twenty (20) feet. (3) A private garage to be separated from the front and side lines of the lot where the slope of the front h a l f of the lot is greater than one foot rise or fall in a distance of seven (7) feet from the established street elevation at the property line or where the elevation of the lot at the street line if five (5) feet or more above or below the established street elevation." Add: 34.07 -2 "Storage sheds (up to 200 square feet) shall be allowed to be constructed to within ten (10) feet of a rear setback requirement, except in easement areas, in residentially zoned districts." 34.11 PARKING AND STORAGE OF CERTAIN VEHICLES. Grammatical error. Now Reads: "No motor vehicle or trailer without current license plated..." Amend to Read: "No motor vehicle or trailer without current license plates..." 35. PERFORMANCE STANDARDS. Reference Section 35 in Appendix A and B of the Ordinance. 35.02 NOISE. Typographical error. Now Reads: "...The sound pressure level shall bae..." Amend to Read: "...The sound pressure level shall be..." 35.08 FUMES OR GASES. Typographical error. Now Reads: "...The values givean..." Amend to Read: "...The values given..." 35.11 WASTES. Grammatical error. Now Reads: "...discharge shall be complied..." Amend to Read: "...discharge shall comply..." 36. OFF - STREET PARKING. 36.08 LIGHTING. Now Reads: "...from adjoining premises in any "R "..." Amend to Read: "...from adjoining premises in any residential 38.04 EFFECTIVE DATE. Delete. f , 39. SPORTING, ATHLETIC AND MUSIC EVENTS. Delete and make separate ordinance. SUGGESTIONS FOR UPDATING ORDINANCE #4 8 -2 -94 ARTICLE 4 - NON - CONFORMING USES AND STRUCTURES. 42.03 -3 If any non - conforming use ceases for more than thirty (30) days, any subsequent use of th eland shall conform to the regulations of this ordinance for the district in which the land is located; Conflicts with 44.06. Direction requested. 44.06 DISCONTINUANCE. When a non - conforming use of a structure, or structure and land in combination ceases for six consecutive months or for 18 months during any three -year period (except when government action impedes access to the premises), the structure or structure and land in combination, shall not thereafter be used except in conformity with the regulations of the district. This subdivision does not apply to structures occupied by seasonal uses. Conflicts with 42.03 -3. Determine length of time. 30 days not much. 45.04 AMORTIZATION PERIOD FOR BUILDINGS. Ask Attorney for clarification. TABLE A - SCHEDULE OF DISTRICT REGULATIONS PERMITTED AND SPECIAL USES. Change Special Use Permit to Conditional Use Permit. ARTICLE 6 - ADMINISTRATION AND ENFORCEMENT. Look for improvements. 64. SPECIAL USE PERMITS. Change special use permit to conditional use permits. ARTICLE 7 - DEFINITIONS 71.01 DEFINITIONS. For the purpose of this ordinance the terms defined in this article have the meanings given them: 72.01 -1 ABUTTING. Making contact with or separated only by public thorough -fare, railroad, public utility right -of -way or navigable waters. 71.02 ACCESSORY USE OR STRUCTURE - A use or structure on the same lot with, and incidental and subordinate to, the principal use of structure. 71.02 ACCESSORY USE OR STRUCTURE - A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. 71.02 -1 ADDITION. A physical enlargement of an existing structure. 71.02 -2 AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay: fruit growing: tree, plant, shrub or flower nursery without building: truck gardening; roadside stand for sale in season of products grown on premises: and livestock raising and feeding, but not including fur farms, commercial animal feed lots and kennels. 71.03 ANIMAL CLINIC - Any establishment where animals are treated and or hospitalized by veterinarians. 71.04 ANIMAL KENNEL - An establishment where three or more animals are bred for sale, boarded or trained. 71.04 -1 APPEAL - A proceeding by which a cause is brought from an inferior to a superior authority for review or re- examination and possible modification or reversal. 71.05 AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning engines motor vehicles or trailers collision service, including body, frame or fender straightening or repairs overall painting or paint job; vehicle steam cleaning. 71.05 -1 AUTOMOBILE REPAIR - MINOR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor service to passenger automobiles and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under "Automobile Repair - Ma.ior ". 71.05 -2 AUTOMOBILE WRECKING OR JUNK YARD. Any place where two (2) or ore vehicles not n running condition and /or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof: and including any commercial salvaging and scavenging of any other goods, articles or merchandise. DELETE 71.05 AGRICULTURE - Cultivating the soil, producing crops and raising livestock. 71.06 BASEMENT - A story having more than 50 percent of its clear height below finished grade. 71.07 BLOCK - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights -of -way, shore lines, waterways or corporate boundary lines of the City. 71.08 BUILDABLE AREA - The space remaining on a zoning lot after minimum yard and open space requirements have been met. 71.09 BUSINESS AREA - Any business activity which renders service to other commercial or industrial enterprises. 71.09 -1 CHURCH - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. 71.10 CLINIC - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. 71.11 CLUB - Any establishment operated for social, recreational, or educational purposes but open only to members and not the general public. 71.11 -1 COLLECTOR STREETS - Roadways which are designed to perform the function of collecting traffic from local streets and distributing it to thoroughfares and arterials. Collector streets are identified on the City's Comprehensive Plan. 71.11 -1 COMMON OPEN SPACE. Land water or a combination of land and water within a planned unit development which is designed and intended for the use and en.ioyment of residents of the development. Common open space includes all land within a development, except for individual building lots and land accepted for public dedication. 71.11 -1 COMPREHENSIVE PLAN. The group of maps, charts and texts that make up the comprehensive long range plan of the City. 71.11 -2 COMMERCIAL RECREATION. Bowling alley, cart track, Jumo center golf, pool hall, vehicle racing or amusement, dance hall, skating, trampoline, tavern, theatre, indoor firearms range, boat rental, amusement rides, campgrounds, park and similar uses. 71.12 CONDITIONAL USE. A use, which because of special problems of control the use presents, reauires reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Comprehensive Plan. DELETE 71.12 CONDITIONAL USE - A use, which because of special problems of control requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the comprehensive plan. 71.13 CONDITIONAL USE PERMIT - A permit, issued by the council in accordance with procedures specified in this ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use permit. 71.13 -1 CONTRACTOR'S YARD - An area where vehicles, equipment and /or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in conJunction with a contractor's business. *1 71.13 -2 CONVENIENCE STORE MOTOR FUEL STATION - A motor fuel station that offers for sale a limited amount of food and household products, which are in addition to those typically supplied at a motor fuel station. 71.14 COVERAGE - That portion of a lot covered by principal and accessory use structures. 71.15 DAY CARE CENTER - A service provided to the public, in which six or more children of school or pre - school age are cared for during established business hours, where no overnight facilities are provided. 71.15 -1 DENSITY, GROSS - The quotient of the total number of dwelling units divided by the gross site area. 71.15 -2 DENSITY, NET - An intensity measure expressed s the number of units per net buildable site area. It is the density on the buildable portion of a site. 71.15 -3 DEVELOPER - The legal or beneficial owners(s) of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase. 71.15 -4 DEVELOPMENT - The construction installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course current or cross section of any water body or watercourse or the division of land into two (2) or more parcels. 71.15 -1 DISTRICT. A section or sections of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein. 71.16 DRIVE -IN ESTABLISHMENT - An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed or business conducted in the automobile. 71.17 DWELLING, ONE FAMILY - A building used exclusively for occupancy by one family. 71.18 DWELLING, TWO FAMILY - A building used exclusively for occupancy by two families living independently of each other. 71.19 DWELLING, MULTIPLE - A building or portion thereof used for occupancy by three or more families living independently of each other. DELETE 71.20 DWELLING UNIT - A dwelling or portion of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping. 71.20 DWELLING UNIT - A residential building or portion thereof intended for occupancy by one (1) family but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers. 71.20 -1 EASEMENT - Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. 71.21 -1 EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. 71.21 FAMILY - One or more persons occupying a premises and living as a single, non - profit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family includes necessary servants. 71.21 -1 FENCE - A fence is defined for the purpose of this Ordinance as any partition, structure, wall or gate erected as a dividing mark, barrier or enclosure. 71.22 FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls. 71.23 FLOOR AREA RATIO - The total floor area on a zoning lot divided by the total site area of they lot or parcel being developed. * Amended 6/11/86 71.23 -1 GARAGE - PRIVATE. An accessory building or accessory portion of the principal building which is intended for an used to store the private passenger vehicles and trucks not exceeding twelve thousand (12,000) lbs. gross weight, of the family or families resident upon the premises, and in which no business service or industry is carried on. 71.23 -2 GARAGE - PUBLIC. A building or portion of a building, except any herein defined as a private garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use. 71.23 -3 GRADE. (AdJacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than (5) feet from the building, between the building and a line five (5) feet from the building. 71.23 -4 GRADING - Changing the natural or existing topography of land. 71.24 HEIGHT OF BUILDING - The vertical distance from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. 71.24 -1 HOME OCCUPATION - Any occupation engaged in only by the dwelling's occupants entirely within the principal structure, with no evidence of the occupation visible form the street, except signs permitted in "R" districts. There shall be no stock in trade stored on the premises or over - the - counter retail sales. Entrance to the home occupation shall be gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for the general practice of his profession when such general practice will involve the need for more than three (3) parking spaces for the occupant and visitors. No accessory building including garages may be used for such home occupation. Home occupations include professional offices, minor repair services excluding auto repair which is not allowed, photo or art studio, dress making, teaching limited to three (3) students at any one time, day care nursery limited to ten (10) children at one time as licensed by the County and similar uses: a home occupation shall not include beauty or barber shops, tourist homes, restaurants or similar uses. 71.25 HOTEL - A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apartment. DELETE 71.26 HOME OCCUPATION - A lawful occupation customarily carried on by a resident of a dwelling as an accessory use within the same dwelling. 71.26 -1 IMPERVIOUS SURFACE. An article or natural surface through which water air or roots cannot penetrate. 71.27 JUNK YARD - An open area where waste, used, or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A .funk Yard includes an auto wrecking Yard, but does not include uses established entirely within closed buildings. DELETE 71.27 JUNK YARD - Land or structures used for the storage or keeping of junk, including scrap metals, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of materials which is incidental or accessory to any business or industrial use on the same lot. 71.28 LIGHT MANUFACTURING - The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. 71.29 LOT - A single parcel of land (located within a block if in a platted area) which, at time of application for a permit for a building on the land, is designated by its owner or developer as a parcel to be used, developed or built upon as a unit under single ownership or control. A lot may or may not coincide with a lot of record. 71.30 LOT, INTERIOR - A lot other than a corner lot. 71.31 LOT, CORNER - A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 71.31 -1 LOT, LINE - The property line bounding a lot except that where any portion of a lot extends into the public right of way or a proposed public right of way, the line of such public right of way shall be the lot line for applying this title. 71.31 -2 LOT LINE, FRONT - That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot the lot line with the shortest dimension on a public street, except that a corner lot in a nonresidential area shall b deemed to have frontage on both streets. 71.31 -3 LOT LINE, REAR - That boundary of a l ot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line. 71.31 -4 LOT LINE, SIDE - Any boundary of a lot which is not a front line or a rear lot line. 71.32 LOT OF RECORD - Any validly recorded lot which at the time of its recordation complied with all applicable laws, ordinances and regulations. DELETE 71.32 LOT OF RECORD - Any lot which individually or as a part of a subdivision has been recorded in the Office of the Register of Deeds of the County. 71.33 LOT, DEPTH OF - A mean horizontal distance between the front and rear lot lines. 71.34 LOT, MINIMUM AREA OF - The measurements of a lot computed exclusive of any portion of the right -of -way of any public thoroughfare. 71.35 LOT, WIDTH OF - The horizontal distance between side lot lines measured at the building setback line.* 71.35 MAJOR RECREATIONAL EQUIPMENT - Ma.ior recreational equipment included boats and boat trailers, travel trailers, converted buses, motorized dwellings, race cars, dune buggies, cars licensed as pioneer or classic vehicles, pickup campers or coaches, (designed to be mounted on automotive vehicles) and the like. 71.36 MANUFACTURED HOME - A manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certificate required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under Minnesota Statute 327 including the Manufactured Home Building Code adopted therein. 71.36 -1 MEDICAL AND DENTAL CLINIC - A structure intended for Providing medical and dental examinations and service available to the public. This service - is provided without overnight care available. 71.36 -2 METES AND BOUNDS DESCRIPTION - A description of real property which is not described by reference to a Lot or Block shown on a plat, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property, or delineates a fractional portion of a section, Lot or area by described lines or portions thereof. 71.36 -2 MOTEL /MOTOR HOTEL - A building or group of detached, semi - detached or attached buildings containing quest rooms or units, each of which as a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guest travelling by automobile. 71.37 MOTOR FUEL STATION - An establishment where gasoline, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are performed. 71.38 NON - CONFORMING STRUCTURE OR USE - A structure or use lawfully in existence on the effective date of this ordinance or any amendment thereto and not conforming to the regulations for the district in which it is situated. 71.39 NURSING HOME OR REST HOME - A licensed establishment having accommodations for the continuous care of two or more invalid, infirm, aged convalescent patients or disabled persons that are related. 71.39 -1 OFF - STREET LOADING SPACE - A space accessible from the street, alley or way, in a building or on the lot, for the use of trucks while loading or unloading merchandise or materials. 71.39 -2 OUTLOT - Any lot within a plat not intended for building construction thereon without further subdivision. 71.39 -3 PARKING SPACE - A use which may be lawfully established in a particular district or districts. 71.39 -4 PERFORMANCE STANDARD - Any criterion established by the Title or deemed necessary by the c ity Council to achieve the goals and ob.iectives in t Comprehensive Plan. 71.39 -5 PERMITTED USED - A use which may be lawfully established in a particular district or districts, provided it conforms with all reauirements, regulations and performance standards (if any) of such districts. 71.39 -6 PLANNING COMMISSION - The Centerville Planning and Zoning Commission. 71.40 PLANNED UNIT DEVELOPMENT - A tract of land which will contain two or more principal structures developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding area. 71.40 -1 PLAT - The drawing or map of a subdivision proposed for Ti — ling of record pursuant to Minnesota Statute chapter 505 and containing all elements and reauirements set forth in the City Subdivision Ordinance. 71.40 -1 PRELIMINARY PLAT - A Preliminary plan for property to be divided by plat. 71.40 -1 PRINCIPAL USE - The main use of land or buildings as distinguished from subordinate or accessory uses. _A "principal use" may be either permitted or conditional. 71.40 -2 PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units. 71.40 -3 RECREATION, FIELD OR BUILDING - An area of _land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi - public use, whether temporary or permanent, except a theatre, whether, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this Ordinance. 71.41 RECREATION VEHICLES - A mobile vehicle including boats used for recreational purposes, capable of being towed or being self - propelled. 71.41 -1 REGISTERED LAND SURVEY - A survey meeting the requirements of Minnesota Statutes 508.47 and as it may be amended, and used primarily for describing registered property. 71.41 -1 RESTAURANT - An establishment which serves food in or on non - disposable dishes to be consumed primarily while seated at tables or booths within the building. 71.41 -2 RIGHT -OF -WAY - The land available for or used for a public street, or land dedicated for public use, or for certain private uses such as for private utilities. 71.41 -2 SATELLITE DISH - Shall mean a combination of 1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources: 2) a low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals- and 3) a coaxial cable whose purpose is to carry the signals into the interior of the building. 71.41 -3 SATELLITE DISH HEIGHT - Shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna. 71.41 -4 SETBACK - The minimum required distance between a sign, Parking lot or the vertical wall of a building and a lot line as regulate by this Title. 71.41 -4 SHOPPING CENTER - An integrated grouping of commercial stores, under single ownership or control. 71.42 SIGN - Any name identification, display illustration structure or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. 71.42 -1 SKETCH PLAN - A drawing showing the proposed subdivision of property. This drawing is not necessarily drawn to scale and exact accuracy is not a requirement. 71.42 -1 SLOPE - Means the degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees. * Amended 4 -14 -90 71.43 STORY - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. 71.44 STORY -HALF - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. 71.44 -1 STREET FRONTAGE - The proximity of a parcel of land to one or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) frontages. 71.45 STRUCTURE - Any thing constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, and other building features, but not including sidewalks, drives, fences and patios. 71.46 STRUCTURAL ALTERATION - Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. 71.46 -1 SUBDIVISION - The division of a parcel of _ after the effective date of this Ordinance into tow (2) or more lots or parcels, according to any of the procedures whether it be by plat, minor subdivision or land division, specified in this Ordinance. the term includes re- subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. 71.47 SUPPLY YARD - A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. 71.47 -1 TOPOGRAPHICAL SURVEY - A survey showing lines connecting points of common elevation. 71.47 -2 TOPOGRAPHY - The configuration of the surfaces of land including elevations and natural features. 71.48 TOWNHOUSE - Single family attached units in structures housing three or more continuous dwelling units, sharing a common wall, each having separate and individual front and rear entrances; the structure as of a row house type as distinguished from multiple dwelling apartment buildings. 71.49 TRAVEL TRAILERS - A mobile vehicle with wheels, designed for overnight living or camping purposes, capable of being towed by a passenger automobile. 71.50 USABLE OPEN SPACE - A ground area on a lot which is graded, developed, landscaped or equipped or intended and maintained for recreation or leisure, available to and usable by persons occupying a dwelling unit and their guests. 71.40 -1 USE - PERMITTED - A public or private use which of itself conforms with the purposes and obJectives of a particular district and conforms with all requirements, regulations and performance standards of such district. 71.40 -2 USE - PRINCIPAL - The main use of land or buildings as distinguished from accessory uses. A "principal use" may be either permitted or conditional. 71.40 -3 USE - TEMPORARY - One established for a fixed period of time with the intent to discontinue such use upon the expiration os such time. 71.51 VARIANCE - The waiving by board action of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration. 71.51 -1 VETERINARY CLINIC - A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment. correction, relief, or prevention of animal disease, deformity, defect, injury. or other physical or mental conditions: the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility: and the rendering of advice or recommendations with regard to any of the above. 71.52 YARD - An open space other than a court which open space is unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. 71.53 YARD, FRONT - A yard extending across the full width of the lot and lying between side lot lines and lying between the front street line or lake shore line of the lot and the nearest line of the principal building. 71.54 YARD, REAR - A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. 71.55 YARD, SIDE - A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. 71.56 ZONING DISTRICT - An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform.