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----;. JUL 20 '99 11:47 P.8/9 .. - ;', .. . . ORDINANCE NO. 90-04-813 AN ORDINANCE AMENDING S 1303.130, SUBD. 4 AND S 1303.180, SCBD. 4 OP THB CITY OF WHITE BEAR LAKE MUNICIPAL CODB (CONDITIONAL OSES IN -B-2- THROUGH -B-6- AND -B-W. THROUGH -I-2-). THE CITY COUNCIL OF THE CITY OF WHITE BEAR LAKE DOES ORDAIN; SECTION I. S1301.030, Subd. 7, titled nDefinitions~ is amended by adding the following definition: G) Gross Vehicle Weight. Gross vehicle weight (GVW) means ,the weight of the vehicle plus the weight of the load there- on or the'registered gross weight of the vehicle whichever is greater. . S 1303.130, Subd. 4 is amended by adding Subd. 4e; and S 1303.180, Subd. 4 of the City Municipal Code is amended by adding Subd. 4e, bo~b additions to read exactly as follows: e Deliveries and/or delivery truck access of site during the hours of 10:00 P.M. to 6:00 A.M., will be limited to single unit, two-axle vehicles not in excess of twenty-six thousand (26,000) pounds gross vehicle weight (GVW). . In t~e event that said vehicles making deliveries during the hours between 10:00 P.M. and 6:00 A.M. establish a pattern of violating the City of White Bear Lake's noise ordinance, S 703.070, and amend- ments thereto, after ten' (10) days written notice to the property owne~ and after a hearing before the City Council, the City Council, in its discretion, by resolu- tion, including specific findings of fact establishing such a pattern of violating said noise ordinance, may further restrict deliveries to the property, 'but such restriction shall not pe more stringent than nece3sary to assure compliance with the noise ordinance. The City may only US~ violations of the noise ordinance which it gave previous notice of to the property owner. 2) No building, loading dock or loading 'berth shall set within fifty (50) feet of residentially zoned property. 1) 3) The business or industry will provide a screening/ buffer zone along the boundary of the residential property. The screening/buffar zone shall be at least twenty (20) feet in width and shall be designed to include all of the follo~ing: An opaque wooden or masonry fence of at least eight (8) feet in height; a planting strip which includes a' combination of deciduous trees to provide added screenin9'~bove the fence line and evergreens to provide enhanced noise buffering as needed; an earthen berm may also be . EXHIBIT A