HomeMy WebLinkAbout2015-09-30 Planning Commission PacketsAGENDA
REGULAR MEETING OF THE PLANNING COMMISSION
CITY OF EDINA, MINNESOTA
COMMUNITY ROOM
2ND FLOOR EAST END
SEPTEMBER 30, 2015
7:00 PM
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MEETING AGENDA
IV. APPROVAL OF MEETING MINUTES
Minutes of the Planning Commission Meeting September 9, 2015
V. COMMUNITY COMMENT
During "Community Comment,"the Planning Commission will invite residents to share new issues orconcerns
that haven't been considered in the past 30 days by the Commission or which aren't slated for future
consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of
speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on
this morning's agenda may not be addressed during Community Comment. Individuals should not expect the
Chair or Commission Members to respond to their comments today. Instead, the Commission might refer the
matter to staff for consideration at a future meeting.
VI. PUBLIC HEARING
A. Variance. Edina Pet Hospital LLC. 7701 Cahill Road, Edina, MN
B. Variance. Jon Colliander. 6012 Halifax Avenue, Edina, MN
C. Variance. Andrew Vick. 5120 West 44th Street, Edina, MN
D. Variance. Meriwether Felt. 4100 Grimes Avenue, Edina, MN
VII. REPORTS AND RECOMMENDATIONS
A. Zoning Ordinance Amendment —Taprooms, Brewpubs, Wineries and Distilleries.
VIII. CORRESPONDENCE AND PETITIONS
A. Attendance and Council Report
IX. CHAIR AND COMMISSION COMMENTS
X. STAFF COMMENT
XI. ADJOURNMENT
The City of Edina wants all residents to be comfortable being part of the public process. If you need assistance in the way of hearing
amplification, an interpreter, large -print documents or something else, please call 952-927-886172 hours in advance of the meeting. Next
Meetin¢ of the Edina Planning Commission October 14, 2015
PLANNING COMMISSION STAFF REPORT
Originator
Meeting Date
Agenda # B-15-16
Joyce Repya
September 30, 2015
Senior Planner
Recommended Action: Approve a variance to allow a second building identification
sign, and a setback variance from 20 feet to 10 feet.
Project Description
Jill Eversman on behalf of the Edina Pet Hospital, 7701 Cahill Road, is requesting a
variance to allow an additional monument sign to be erected abutting the West 78th
Street elevation, and a 10 -foot setback variance to place the sign 10 feet from the
traveled portion of the street.
See attached supporting materials and sign plan — Figures. Al thru A9.
INFORMATION/BACKGROUND
Edina Pet Hospital is located on the northeast corner of Cahill Road and West 78th Street.
The property is zoned PID, Planned Industrial District, which is allowed one building
identification sign not to exceed 80 square feet in area. The business currently has one 2 -
sided monument sign abutting Cahill Road measuring 18 square feet in area. The applicant
is requesting variances from the sign ordinance to allow the installation of an additional 2 -
sided, 18 square foot monument sign south of their building abutting West 78th Street.
Placement of the sign is proposed to be 10 feet from the back face of the curb where a 20 -
foot setback is required.
The applicant has identified the need to better identify the building for traffic approaching
the building from the east on W. 78th Street - particularly for pet owners attempting to find
the building in an emergency situation. To address that need within the ordinance
requirement of 1 building identification sign, they had hoped to replace the existing
monument sign abutting Cahill Road with a 2 -sided, V-shaped monument sign on the
corner of W. 78th Street and Cahill Road. Unfortunately, the northeast corner location is not
available since it is occupied by a telephone pole, cables and other utility equipment. (See
pages A5 -A6.)
An alternative plan for a second smaller 18 square foot monument sign situated south of
the building abutting W. 78th Street is the subject of the variance request (The sign abutting
Cahill Road will remain). Due to the south wall of the building having a 30 -foot setback, and
mature trees abutting W. 78th Street the proposed sign will also require a 10400t setback
variance from the 20 -foot setback requirement.
The total square footage of the two signs would not exceed to total square footage allowed
for one monument sign. The Code allows an 80 square foot monument sign. The total of
the two signs as proposed would be 36 square feet.
SUPPORTING INFORMATION
Surrounding Land Uses
Northerly:
Planned Industrial District Building
Easterly:
Planned Industrial District Building
Southerly:
Planned Industrial District Building
Westerly:
PRD -3, Planned Residential District
Existing Site Features
7701 Cahill Road is zoned PID, Planned Industrial District. The building has two street
frontages on Cahill Road and West 78th Street. The entrance to the building is on Cahill
Road, north of the W. 78th Street intersection.
Planning
Guide Plan designation: Industrial
Zoning: PID, Planned Industrial District
Compliance Table: Ordinance Sec.36-1716 - Planned Industrial District
PID Maximum Sign Area
Existing Signage
Variances requested
1 building identification sign per
1 monument sign abutting
Additional building identification
building (Monument signs can
Cahill Rd.
sign*
be 2 -sided)
80 square feet maximum
18 square foot monument
18 square foot monument
20 -foot setback
10 -foot setback*
In multi -tenant buildings only,
Sec. 36-1656 (2) Requires a 20
one wall sign is permitted for
foot setback from the traveled
each tenant having a private
portion of a public street (back of
entry. The maximum sign area
curb)
of each sign is 24 square feet.
* Variance Required
OA
Primary Issue
• Is the proposed variance justified?
Yes. Staff believes the proposal is justified for the following reasons:
1. The site contains mature trees and utility equipment including a telephone pole
and cable that would prevent a code compliant sign to be located in the
southwest corner of the site. (See pages A4 & A6.)
2. The building has little visibility for clients coming to the site from the east on 78th
Street.
3. The building sits lower than 78th Street, which adds to the difficulty in visibility.
4. The two signs combined would be less than half of the square footage allowed
for monument signs on this site.
5. The variance criteria, as demonstrated below, are met.
Minnesota Statues and Edina Ordinances require that the following conditions must be
satisfied affirmatively. The Proposed Variance will:
1) Relieve practical difficulties that prevent a reasonable use from complying with
ordinance requirements.
The practical difficulty is the site's location at 78th and Cahill, two very busy streets.
There are mature trees, and utilities located along the south lot line that creates a
practical difficulty in meeting the setback requirement. The building and site in
general sits lower than the street; the building is screened by mature trees as traffic
approaches the site from the east on 78th. (See pages A4 -A7.) Customers may miss
the turn on Cahill, as there is no building identification along 78th Street. A much
larger (80 square foot) Code compliant sign could be located at the southwest corner
of the site; however, utilities would have to be moved, and mature trees would have
to be taken out. (See pages A4 & A6.)
2) There are circumstances that are extraordinary to the property, not applicable
to other property in the vicinity or zoning district?
The unique circumstances are the location of the above mentioned utility equipment
and the mature trees along south lot line.
3
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Useis eWmm1h*P- inim zcmft0r&KMKie would allow one much larger, double -
sided V-shapeid sigm to go in the corner of our properly. However. this Corner is
occupied bV a telephone polt suppOMW cable!�- Stop light, Pmft and s1W
city owned dmkzs which would block the view of such a sign. A reasonable
solution, which would look nicer in the neighborhoodL would be a unall second
sign on ni* Street with a ten foot setback to idenft the hOsPiW- For
it would be the same size and design as our current s%P On Cahill Road- The
result would be two nxmiest signs i;. 1' our hospital to people traveft on
7e Street as well as Cahill Road. In urgent situations, when a pet needs to see
veterinarian within nmultes. "m sm- m would help guide the drrver s3f* to our
hospital wjdxM missft the needed turn onto c3hM Road.
correct Is:. applicabletothis property but not
appFM:aW to other property in the viemft or - ' g Asbict: The extraordinary
dMurnstances applicable to this property are the city owned telephone poll,
suppm*V cables. stop W posts and som other city owned devices situated
on the corner of the property. These structures would block the view of a V-
shaped sign curren* allowed by the zowmg ordinance- The twenty foot setback
would require that a tree be rernowed to allow the sign to be viewed
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unobstructed. A ten foot setback would make the sign much more visible and
aesthetically pleasing. An obstructed sign is not only useless; it will look junky and
not be aesthetically pleasing.
Be in harmony with the general purposes and intent of the zoning ordinance:
The city ordinance for signs keeps Edina businesses looking professional and
uniform. In most cases, the ordinance offers a reasonable option for a sign to
identify a business to its clientele. In this case, two slight alterations to the
guideline will achieve an end result closer to the spirit and intent desired by the
creators of this zoning ordinance.
Not alter the essential Character of a neighborhood: The addition of a second
sign on 78th Street would not alter the essential character of our Edina
neighborhood. It would be preferable to add this conservative sign with a ten
foot set back than to consider the alternative — a V-shaped corner sign nestled in
the clutter of a telephone poll, supporting cables, stop light, posts and some other
city owned devices. The sign we are purposing would look professional and
conservative as is our neighborhood.
Minnesota Statues and Edina Ordinances require that the following conditions
must be satisfied affirmatively. Please fully explain your answers using
additional sheets of paper as necessary.
The Proposed Variance will:
YES NO
Relieve practical difficulties in complying ❑
with the zoning ordinance and that the use
is reasonable
Correct extraordinary circumstances
applicable to this property but not
applicable to other property in the vicinity
or zoning district
Be in harmony with the general purposes
and intent of the zoning ordinance
LJ ❑
Not alter the essential Character of a
neighborhood
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PLANNING COMMISSION STAFF REPORT
Originator
Meeting Date
Agenda #
Kris Aaker
September 30, 2015
B-15-17
Assistant City Planner
Recommended Action: Approve a 1.3 foot side yard setback variance to the
required 10 foot side yard setback to allow for the construction of an addition to
the south side of the existing attached garage to be located at 5.7 feet to the
south side lot line.
Project Description: Jon Colliander, (the applicant), Shawn Everts and Anne
Reddy, (homeowners), are requesting a 1.3 foot side yard setback variance to
remodel the home and construct an addition to the attached garage to be located
5.7 feet from the south interior side property line. The addition will widen the
garage slightly by 2 feet and allow for steps into an expanded mudroom. The
addition will also allow for a 3 foot extension to the pantry. The property is
located at 6012 Halifax Ave. on the west side of the street and backing up to
Pamela Lake.
INFORMATION/BACKGROUND
The subject property is approximately 60 feet in width and is 21,745 square feet
in area. There is an existing two story single-family home with an attached
garage on the property. The applicant is requesting to remodel and add onto a
portion of the existing garage and home. The proposal is to add a small addition
on the south side to widen the garage by 2 feet and add 3 — 4 feet to the south
wall for steps, a mudroom expansion and a pantry addition.
The property backs up to Lake Pamela. There are existing single-family homes
abutting the north and south lot line, both facing Halifax. The home located
directly to the south and adjacent to the proposed improvement has garage with
living space behind next to the proposed improvement. The proposed spacing
between the applicant's addition and home to the south will be approximately 19
feet. The home to the south angles away from the subject home. Spacing.
between the new addition and the home to the south will be greater than the
minimum setbacks required for the 60 foot wide lot.
REQ
Compliance Table
* Variance Required
Primary Issues
• Is the proposed development reasonable for this site?
Given the existence of the narrow, substandard two car garage width of 19
feet, it is reasonable to allow a 2 foot addition to comply with the minimum 2
car garage standard required by ordinance. The living space portion of the
addition allows for new steps entering from the garage into the mudroom
enough space so they do not interfere with and/or take up needed garage
width.
Is the proposed variance justified?
Per the Zoning Ordinance, a variance should not be granted unless it is found
that the enforcement of the ordinance would cause practical difficulties in
complying with the zoning ordinance and that the use is reasonable. As
demonstrated below, staff believes the proposal does meet the variance
standards, when applying the three conditions:
Minnesota Statues and Section 36-98 of the Edina Zoning Ordinance require that
the following conditions must be satisfied affirmatively. The proposed variance
will:
3
City Standard
Proposed
Front -
Average of adjacent: 30.5 feet
33.1feet
Side-
7 feet
5.7 feet*
Rear-
50 feet to water
78 feet
Building Height
2 112 stories, 30 Ft
2 stories,
Lot Area
9,000 Sq. Ft or age of nbad
21,745 square feet
Lot Width
75 feet or avg of nbad
60.2 feet
Lot coverage
25%
10%
* Variance Required
Primary Issues
• Is the proposed development reasonable for this site?
Given the existence of the narrow, substandard two car garage width of 19
feet, it is reasonable to allow a 2 foot addition to comply with the minimum 2
car garage standard required by ordinance. The living space portion of the
addition allows for new steps entering from the garage into the mudroom
enough space so they do not interfere with and/or take up needed garage
width.
Is the proposed variance justified?
Per the Zoning Ordinance, a variance should not be granted unless it is found
that the enforcement of the ordinance would cause practical difficulties in
complying with the zoning ordinance and that the use is reasonable. As
demonstrated below, staff believes the proposal does meet the variance
standards, when applying the three conditions:
Minnesota Statues and Section 36-98 of the Edina Zoning Ordinance require that
the following conditions must be satisfied affirmatively. The proposed variance
will:
3
Section 36 of the zoning code, requires a minimum setback of 12 feet total with
no less than 5 feet on one side for sidewall additions to the home. The north
setback is approximately 5 feet, so the south side yard setback should be
maintained at 7 feet. The proposal is to reduce the setback on the south side to
5.7 feet. The addition was planned and based on a previous zoning ordinance
that allowed a 5 foot side yard setback from both side yards for a 60 foot wide lot
as long as the new wall height was less than 15 feet tall. Unfortunately for the
applicant, the ordinance was changed in June, 2015, before a permit application
was submitted for the project.
SUPPORTING INFORMATION
Surrounding Land Uses
This property is located on the west side of Halifax Ave. and is surrounded
by single-family residential homes and backs up to Pamela Lake. There is a
mix of home types nearby with a variety of housing styles. There are many
original homes and a number of major remodels and teardown-rebuilds
within the neighborhood.
Existing Site Features
The subject lot is 21,745 square feet in area and 60.2 feet in width.
Planning
Guide Plan designation
Zoning:
Building Design
Single -Family District
R-1, Single Dwelling Unit District
All exterior finishes will match existing.
Engineering:
The Engineering Memorandum Dated September 17, 2014, (see attached),
states that Engineering has no concerns with the plans as submitted.
2
1) Relieve practical difficulties that prevent a reasonable use from
complying with ordinance requirements.
The practical difficulty is that the home was originally built as a rambler and
was subsequently remodeled with a 2nd floor added by a previous home
owner and prior to the current (deeper), setback requirements. The current
design proposal has been based on the previous code that would have
allowed for a 5 foot setback on both sides if wall height doesn't exceed 15
feet. The lot is pie shaped as is the neighbors, so structures move farther
from one another as they go back in their respective properties reducing
any impact on neighboring properties.
2) There are circumstances that are unique to the property, not
common to every similarly zoned property, and that are not self-
created?
The addition makes sense given the existing floor plan and location of the
garage. The narrow garage cannot be improved upon without the benefit
of a variance. The garage is currently substandard and is not a two car
width garage as required by city code.
3) Will the variance alter the essential character of the neighborhood?
Granting the variance will not alter the character of the neighborhood. The
applicants are hoping to maximize the existing spaces with very minimal
additions. The addition will be a seamless addition and will look as if it
were part of the original plan for the home.
Staff Recommendation
Recommend that the Planning Commission approve the variance.
Approval is based on the following findings:
1. The property with an addition of the garage width, mudroom and
pantry and the request to deviate from the side yard is a reasonable
use of the property.
2. The home is appropriate in size and scale with the addition of
garage width allowing reasonable use of the under -sized two car
garage.
4
3. There is a practical difficulty in meeting the ordinance requirements
due to the existing floor plan and desire to maintain the character of
the home.
4. There are circumstances unique to the property that necessitates a
variance to make reasonable use of the property. The garage is
currently under sized with the proposed additions minimal to create
functional spaces.
Subject to staff approval, the site must be developed and maintained in
substantial conformance with the following plans, unless modified by the
conditions below:
Architectural site plans date stamped: August 28, 2015
Building plans/ elevations date stamped: August 28, 2015.
Deadline for a City Decision: October 26, 2015.
5
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Detailed 'Application Requirements: Unless waived by the Planning Department, you must
complete all of the following items with this application. An incomplete application will not be
accepted.
Completed and signed application form.
Application fee (not refundable). Make check payable to "City of Edina."
One (1) Copy of drawings to scale.
Seventeen (17) 11x17 copies of drawings, including elevations and survey, photographs
and other information to explain and support the application. Copies must be collated.
A current survey is required. Please refer to "Exhibit A."
Grading, drainage, erosion control and stormwater management plan. Grading plan
must include existing and proposed two -foot contours, and location and size of pipes
and water storage areas. The grading and erosion control plan along with a stormwater
management plan must be signed by a licensed professional engineer. The stormwater
management plan must detail how stormwater will be controlled to prevent damage to
adjacent property and adverse impacts to the public stormwater drainage system.
Variance requests require scale drawings to explain and document the proposal. The
drawings are not required to be prepared by a professional, but must be neat, accurate
and drawn to an acceptable scale. The drawings may vary with the proposal, but should
include a site plan, floor plans and elevations of the sides of the building which are
affected by the variance.
Elevation drawings of all new buildings or additions and enlargements to existing
buildings including a description of existing and proposed exterior building materials. For
single-family home projects, elevations drawings must include a rendering of the
aroposed home AND the existing homes on either side as seen from the street
VARIANCE GUIDELINES AND APPLICATION INFORMATION
The City of Edina Planning Department encourages healthy development within the city of
Edina. Although this document is meant to serve as a guide for the application process for
development through the Planning Department it is by no means comprehensive. The Planning
Staff recommend that you schedule a meeting to answer any questions or to discuss issues that
may accompany your project. It is much easier to tackle problems early on in the process. The
office number for the Planning Staff is (952) 826-0465.
Variance Information
The Edina Planning Commission has been established to consider exceptions (variances) from
the Land Use, Platting and Zoning Ordinance (Chapter 36), the Antenna Ordinance (Chapter
34), the Sign Ordinance (Chapter 36) and the Parking and Storage of Vehicles and Equipment
Ordinance (Chapter 26).
The variance procedure is a "safety valve" to handle the unusual circumstances that could not
be anticipated by these ordinances. The Commission is charged to only grant a petition for a
variance if it finds:
1. That strict enforcement of the ordinance would cause practical difficulties because of
circumstances unique to the petitioner's property
2. That the granting of the variance is in keeping with the spirit and intent of the ordinance.
3. Would not alter the essential character of the neighborhood.
"Practical Difficulties" means that:
1. The property in question cannot put to a reasonable use as allowed by the ordinance
2. The plight of the petitioner is due to circumstances unique to his/her property which were
not created by the petitioner
3. The variance, if granted, will not alter the essential character of the property or its
surroundings.
"Economic considerations alone shall not constitute an undue hardship if reasonable
use for the petitioner's property exists under the terms of the ordinance.
Application: Applications are submitted to the Planning Department. Offices are open Monday
through Friday, 8 AM to 4:30 PM.
Deadlines for Applications: Applications need to be submitted at least thirty days before the
meeting. This allows the City of Edina time to notify surrounding property owners of the date of
the hearing and details of the variance. It is helpful to submit the application as soon as possible
to secure an early hearing position.
Notice of Public Hearing: Notice is mailed to all property owners (of record at City Hall) that
are located within 200 feet of the site. Notice is mailed ten (10) days prior to the hearing. You
are encouraged to contact adjacent or close owners and advise them of your proposal prior to
the notice of the hearing. You may wish to provide statements of "no objection to the variance"
from the nearby property owners.
Meetings and Public Hearings: Meetings of the Planning Commission are scheduled on the
second and fourth Wednesday of each month. The meetings are held at 7:00 pm in the Edina
City Hall Council Chambers, 4801 West 50`h Street. Each meeting is limited to five variance
cases on a first come, first serve basis. Additional requests are delayed until subsequent
meetings. Meetings are formal public hearings with a staff report, comments from the proponent
and comments from the audience. It is important the owner or a representative attend the
meeting to answer questions.
Staff Report: After review of the drawings submitted and a visit to the site staff prepares a
report. This report, along with any supporting drawings and materials, are sent to the Zoning
Board in advance of the meetings. Board members may visit the site before the meeting. All
plans, emails and written information are public information, and may be used in the staff report
and distributed to the public.
Board Membership: The Planning Commission serves as the Zoning Board. Five members
are required for a quorum.
Decisions by the Planning Commission: The Planning Commission may approve, deny or
amend the variance request and establish conditions to ensure compliance or protect
surrounding property owners. The Planning Commission generally makes a decision at the
scheduled hearing. Occasionally, however, a continuance to another meeting may be
necessary.
Appeals: Decisions of the Planning Commissionare final unless appealed to the City Council in writing
within 10 days. The proponents, any owner receiving notice of the hearing or the staff may appeal
decisions. Appeals are rare and they can be time consuming because a new hearing is required before
the full City Council. Appeals must be filed with the City Clerk.
4
Legal Fee: It is the policy of the City to charge applicants for the actual cost billed by our attorneys for all
legal work associated with the application. An itemized bill will be provided which is due and payable
within thirty (30) days.
** Filing an Approved Variance: The applicant is required to file an approved variance resolution with
the County. Documents necessary for filing will be provided by the Planning Department.
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PLANNING COMMISSION STAFF REPORT
Originator
Meeting Date
Agenda #
Kris Aaker
September 30, 2015
B-15-20
Assistant Planner
Recommended Action: Approve the .2', (2.4"), south front yard setback
variance and a 24.1 foot side street/front yard setback variance for a proposed
addition. Deny a 24.1 foot side street/front yard setback variance for a new patio.
Variances are requested for property located at 5120 44th St., for owner Andrew
Vick.
Project Description
Setback variances are being requested to add onto a home located in the north
east corner of West 44th Street and Brookside Terrace. The owner is requesting
a variance to allow an addition to his home at nearly the same nonconforming
front yard setback along West 44th Street as existing and an extension to the
west side of the home that will provide a 15.7 foot setback from Brookside
Terrace. Improvements will include a basement rec room, a main floor living
room and a master bedroom with bath on the second level, (See property
location, aerial photos, photos of the subject and neighboring homes). A
conforming mud room behind the home is also proposed. The owner is proposing
a patio on the west side of the home to be located 6 feet to the westerly lot
line/Brookside Terrace. The project is a major remodel and addition to an existing
nonconforming single family home. The architect has indicated that less than
50% of the existing exterior wall area will be removed for the project.
All of the improvements will allow for a reasonable expansion of the property
given the existing floor plan and deep setback requirements from both West 44tH
Street and Brookside Terrace. The property must maintain two front yard
setbacks along both 44th Street and Brookside. The required setback from west
44th Street is established by the front yard setback of the home to the east
located at 5116 West 44th Street. The home to the north fronts Brookside Terrace
so the setback for the subject property is dictated by the front yard setback of the
neighbor to the north. The home to the north facing Brookside and located at
4375 Brookside Terrace is farther back on their lot, (30.1 feet), than the minimum
15 side street setback standard required for a typical corner lot.
INFORMATIONIBACKGROUND
The subject property is located on the north side of west 44th Street and east of
Brookside Terrace consisting of a two story home with a detached two car
garage built in 1920. The lot is 11,360 square feet in area. The owner is
proposing additions and improvements to be setback from the front, (south), lot
line approximately 48.7 feet, which is almost the same distance as the existing
home at 48.9 feet. The west side wall of the new home addition will be at 15.7
feet from Brookside Terrace with a proposed patio to be within 6 feet of the
westerly/Brookside Terrace lot line. The patio requires a setback variance from
the west lot line of 24.1 feet.
The setback from Brookside Terrace is established by the front yard setback of
the home to the north, which was built at a much later date, (1978), than the
subject home built in 1920. If there were no adjacent homes fronting Brookside
Terrace then the side street setback from Brookside Terrace for the subject
home would be 15 feet and the addition would be conforming. However, the patio
as proposed would still not conform to a typical 15 foot side street.
Spacing between the home to the north and the side wall of the detached garage
closest to the adjacent home will remain at over 60 feet. The back wall of the
home will still be over 110 feet from the closest point of the home to the north. So
spacing between improvements and the existing home to the north will remain
generous.
Surrounding Land Uses
Northerly: Single dwelling units, zoned R-1, single dwelling unit district
and guided residential.
Easterly: Single dwelling units, zoned R-1, single dwelling unit district
and guided residential.
Westerly: Brookside Terrace and railroad tracks./
Southerly: Single dwelling units, zoned R71, single dwelling unit district
and guided residential.
Existing Site Features
The subject property is an 11,360 square foot lot with a two story home that has
a two car garage built in 1920.
Planning
Guide Plan designation: Single Dwelling Unit
Zoning: R-1, Single Dwelling Unit District
2
Building Design
The finishes on the home will change from existing conditions replacing them a
combination of materials. The goal is to achieve a "Prairie Modern" inspired
design.
Engineering
Engineering has reviewed the project and has no concerns as stated in the
Engineering memorandum attached to this report.
Compliance Table
* Variance Required
Primary Issue:
• Is the proposed development reasonable for this site?
Yes. Staff believes the proposal is reasonable with the exception of patio side
setback for four reasons:
1. The proposed use is permitted in the R-1, Single Dwelling Unit
Zoning District and complies with all requirements with the exception
of setback from 44th Street and Brookside Terrace.
2. The home with additions is appropriate in size and scale for the lot.
The improvements will enhance the property and not detract from
the neighborhood. The home is original with few improvements with
the proposed additions bringing the structure up to current code and
modern building standards.
3. The improvements will provide a reasonable use of a rather large lot
that is heavily impacted given the current front yard setback
requirement from 44th St. and Brookside. The home to the north
3
City Standard
Proposed
Front — 44th
49.1feet
*48.7 feet
Side street- Brookside
30.1
15.7/6 feet
Rear-
25 feet
57 feet
Building Height
2 1/2 stories
2 story,
35 feet to the ridge,
22 feet to the rid e
Lot coverage
25%
18.0%
* Variance Required
Primary Issue:
• Is the proposed development reasonable for this site?
Yes. Staff believes the proposal is reasonable with the exception of patio side
setback for four reasons:
1. The proposed use is permitted in the R-1, Single Dwelling Unit
Zoning District and complies with all requirements with the exception
of setback from 44th Street and Brookside Terrace.
2. The home with additions is appropriate in size and scale for the lot.
The improvements will enhance the property and not detract from
the neighborhood. The home is original with few improvements with
the proposed additions bringing the structure up to current code and
modern building standards.
3. The improvements will provide a reasonable use of a rather large lot
that is heavily impacted given the current front yard setback
requirement from 44th St. and Brookside. The home to the north
3
was built at a much later date than the subject home, forcing deeper
setbacks from Brookside. It would appear however that a
reasonable patio could be accommodated at a setback no closer to
the west lot line than the building setback request.
4. The addition nearly matches the existing nonconforming front yard
setback that has been in place since 1920 along West 44" Street.
The required setback along Brookside reduces the buildable area of
the lot severely impacting the ability to add onto the existing
structure.
Is the proposed variance justified?
Yes. Per the Zoning Ordinance, a variance should not be granted unless it is
found that the enforcement of the ordinance would cause practical difficulties
in complying with the zoning ordinance and that the use is reasonable. As
demonstrated below, staff believes the proposal does meet the variance
standards, when applying the three conditions:
Section 850.0.Subd., requires the following findings for approval of a
variance:
Minnesota Statues and Edina Ordinances require that the following conditions
must be satisfied affirmatively. The Proposed Variance will:
1) Relieve practical difficulties that prevent a reasonable use from
complying with ordinance requirements.
Reasonable use does not mean that the applicant must show the land
cannot be put to any reasonable use without the variance. Rather, the
applicant must show that there are practical difficulties in complying with
the code and that the proposed use is reasonable. "Practical difficulties"
may include functional and aesthetic concerns.
With the exception of the patio setback, staff believes the proposed
variances are reasonable. The addition will nearly match the
nonconforming south front yard setback of the existing home on the
property which has been located on the property since 1920. The practical
difficulties in complying with the ordinances are created by the required
front yard setback that is dictated by adjacent property to the north, which
is located much farther back on the lot and was built after the subject
home.
:!
Staff believes the proposed variance to the westerly lot line is reasonable
given that the required front yard setback renders much of the lot
unbuildable. The practical difficulty is therefore, caused by the existing
location of the adjacent home to the north and to the west. The lot is
subjected to two front yard setbacks The practical difficulty is the front
yard setback requirements instead of a typical side street setback of 15
feet. Staff believes a functional patio may be achieved at the setback
requested for variance for the house addition. Staff believes a patio may
be accomplished that is reasonable in size without a closer setback from
the street.
The lot is large, with generous spacing between the subject home and the
adjacent home to the north. The purpose behind the ordinance is to
maintain an established front yard sight line and street scape. The
ordinance is meant to prevent a continual erosion of the established front
yard setback pattern in an existing neighborhood by holding all new
construction to the existing neighborhood standard and to avoid new
structure build -out beyond existing conditions. Reducing the front yard
setback along Brookside Terrace of the existing home to a typical side
street setback of 15 feet will not compromise the intent of the ordinance.
Staff cannot however identify a practical difficulty to allow the patio closer
than 15 feet to Brookside Terrace The new additions to the existing home
should maintain a minimum 15 foot setback from the westerly lot line
including all patio area.
2) There are circumstances that are unique to the property, not
common to every similarly zoned property, and that are not self-
created?
Yes. The unique circumstances are that the existing lot is subjected to two
front yard setbacks. The required setbacks reduce the buildable area
rendering much of the large lot as unbuildable given the required
setbacks.
3) Will the variance alter the essential character of the neighborhood?
No. The proposed additions will be consistent with the existing home and
will enhance the streetscape along Brookside Terrace and West 44th
Street. The character of the neighborhood consists of a variety of housing
styles. The applicant is asking to preserve a setback pattern along West
44th Street that has included the nonconforming setback of the subject
property. Spacing between the addition and the home to the north will
mitigate the reduction in setback along Brookside Terrace.
Staff Recommendation
Approve the requested variances with the exception of the patio setback from
Brookside Terrace. The patio should be approved at a setback no closer to
Brookside Terrace than the addition to the home. Approval is based on the
following findings:
1. The proposal meets the required standards for a variance, because:
a) The practical difficult is caused by the location of the home to the
north and the home to the west.
b) The encroachment into the setback will maintain a typical side street
setback of 15 feet.
c) The request is reasonable given the location of the existing home.
Approval of the variance is subject to the following condition:
1. The home must be construction per the proposed plans date stamped,
August 28, 2015.
Deadline for a City decision:
October 26, 2015.
2
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MEMO
City Hall • Phone 952-927-8861 r,�LsrA'li
o� @
Fax 952-820-0389 • www.CftyQT: ma com r
Date: September 30, 2015
To: Planning Commission
From: Cary Teague, Community Development Director
Re: City Code Amendment Consideration — Taprooms, Brewpubs and Distilleries.
The City Council is considering an amendment to Chapter 4 of the City Code regarding Alcoholic
Beverages. Consideration of the amendment is the result of input gathered in January of 2015
regarding potential changes to the city regulations on alcoholic beverages. The public comments
favored the elimination of the 60/40 food to beverage ratio, supported taprooms and strongly
preferred restaurants that serve liquor instead of bars that serve liquor without food. (See
background information and draft amendment on pages A88 -A 112.)
As part of that consideration, the Planning Commission is asked to consider a Zoning Ordinance
Amendment to allow taprooms, brewpubs, breweries, and distilleries in Edina. Current City Code
allows a brewery, distillery and winery in the PID, Planned Industrial District; however, would not
allow a brewpub or taproom anywhere. Taprooms and brewpubs have become very popular in the
Twin Cities. Staff conducted a survey of cities to find out how other cities are regulating them. (See
table on pages A3 -A7, and the various city regulations on pages A8 -A63.) Staff also took pictures of
existing brewpubs and taprooms to gain some insight on the look and function of their operations.
(See pictures on pages A64-AA87.) The draft ordinance before the planning Commission is based
on several of these city's ordinances. The Planning Commission is asked to consider the proposed
amendment, provide feedback for staff to revise the proposal to be brought back to the Planning
Commission to hold a public hearing on October 14'.
The following is a summary of each of the "Sections" in the proposed Zoning Ordinance
Amendment:
Section 1. Definitions. Each of the uses are defined. They include: Micro -production facility,
Brewery, Brewpub, Distillery, Cocktail Room, Taproom, and Winery. These definitions are
consistent with state law, with each of the cities surveyed, and are recommended by the city
attorney.
Section 2. Parking_ Regulations. Parking regulations for each of the uses are defined. Parking
has been an issue in Minneapolis, where taprooms are going in commercial areas with very little
parking available. The ordinance proposed for taprooms requires one (1) space per forty (40)
square feet is closer to a restaurant calculation and has worked well in Wayzata, Woodbury,
Lakeville and Stillwater. For brewpubs, the manufacturing parking requirement would apply to
production, and the traditional restaurant standards apply to the restaurant side of the use.
City of Edina . 4801 W. 50th St. • Edina, MN S5424
MEMO
;o s, ��;rbs (V1[he.-e would they be albw dpi. Brewpubs are proposed to be
allowed in the City's Commercial Zoning Districts (PCD -1, 2 and 3). They would be considered a
permitted use just like a restaurant (See page Al. which shows where brewpubs would be allowed,
as long as they provide the required parking, and meet the conditions in Section 5.) An example of a
Brewpub would be a Granite City Food & Brewery.
d �s. Ner-�, p. lle�► T��room Winery Cocl�l Room (Mere would they
be aQowedl. A brewery, distillery, cocktail room, taproom, and winery would only be allowed in
the PID, Planned Industrial Zoning District. (See page A2.) They would be a permitted use, as long
as there was adequate parking per the parking regulations provided, and meet all other City Code
requirements, including Section 5 below. Current City Code would allow the manufacturing piece
of a brewery, distillery or winery, but not the taproom or cocktail room. Note that many other
cities allow these uses in their office and commercial district by conditional use permit. Staff
recommends only allowing them in the Industrial District.
S n S. Provides the regulations for breweries, taprooms, wineries, distilleries, cocktail rooms
and brewpubs.
Below are the standards for (b) for reference. These are existing Code standards:
(5) Restrictions, controls and design standards. Uses which, because of the nature of their
operation, are accompanied by an excess of noise, vibration, dust, dirt, smoke, odor, noxious gases,
glare or wastes shall not be permitted. 'Riese residual features shall be considered as "excessive"
when they either exceed or deviate from the limitations set forth m the following performance
specifications: line of the tract on which the use is
a. Noise. Noise shall be measured on any property
located. Noise shall be muffled so as not to become objectionable due to intermittence,
beat frequency, shrillness or intensity. At the property line, the sound pressure level of
noise radiated continuously from a facility shall not exceed the decibel levels given in
the table set forth in this subsection. The sound pressure level shall be measured with a
sound level meter and on an associated octave band analyzer, both of which shall be
manufactured according to current specifications prescribed by the American Standard
Association. Measurement shall be made using the flat network of the sound level meter.
Gcp of Edma • 4801 W. W St - E&M MN 55424
ctave band frequency
cycles per second)
Maz.
Decibel
Level
0-75
T65
6-150
F 60
151-300
55
01--600
46
01-1,200
40
1,201 2,400
34
X1,401--4,800
31
ver 4,800
28
b. Vibration. No use shall, at any time, cause earth vibrations perceptible beyond the
limits of the tract on which the use is located.
c. Dust and dirt. Solid or liquid particles shall not be emitted at any point in
concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air. For
measurement of the amount of particles in gases resulting from combustion, standard
corrections shall be applied to a stack temperature of 500 degrees Fahrenheit and 50
percent excess air.
d. Smoke. Measurement shall be at the point of emission. The, then most recent
Ringehnann Smoke Chart, published by the United States Bureau of Mines shall be used
for the measurement of smoke and is hereby adopted and incorporated into this section
by reference and made a part of this section. Smoke not darker or more opaque than No.
1 on the chart may be emitted. However smoke not darker or more opaque than No. 2 on
the chart may be emitted for periods not longer than four minutes in any 30 -minute
period. These provisions, applicable to visible grey smoke, shall also apply to visible
smoke of a different color but with an equivalent apparent opacity.
e. Odor. The use shall not, at any time, cause the discharge of toxic, noxious or odorous
matter beyond the confines of the principal building in such concentrations as to be
detrimental to or endanger the public health, welfare, comfort or safety.
f. Glare. Glare, whether directed or reflected, such as from spotlights or high
temperature processes, and as differentiated from general illumination, shall not be
visible beyond the limits of the tract from which it originates.
City of Edina • 4801 W. Sow St • Edina, MN 55424
i
g- Liquid Wastes Limed wastes containing any organic or toxic matter shall be discharged
either into a public sanitary sewer or treated in a manner prescribed by the health
department. The rate of liquid waste merged MD the city"s sanitary sewer2ge system
shall not exceed 200 gallons per lot per hour between the hours of 9:00 am. and 12:00
noon.
In order to ensure compliance with the performance standards set forth in this subsection, the
planner may require the owner or operator of any use to make. without cost to the city.
investigations and tests as the planner deems necessary to show adherence to the performance
standards. The investigations and tests shall be done by an independent testahg organization appro'v'ed
by the planner-
Ghr of Ern • 48tH W. W Sc • Edna. MV 55424
ORDINANCE NO.
AN ORDINANCE E' 36 REGARDING BREWERIM TAPROOMS,
WINERIES, COCKTAIL ROOMS, DMTRJ-EMES AND BREWPUBS
The Com► Of Edna
Suction I. Chapter 36. Sec. 36-10 Definitions is hereby art wKW to add the Wowing delinitiom
Sec. 36-10. — Definitions.
ft> .its.. A ratv r nrn&dkdlW,hGUor. Mdudm all A4d' 0kWv%$ the f0'yytN '
Section Z Chgxer 36, Sec. 36-1311, minimum number of parldng spaces required is hereby amended to
add the
Sec. 36-1311. - minirrsn number retryired.
�gpl'katt1;*m Cine taper A1T sqe fietit dlrss flo't
Section 3. Chapter 36, Sec. 36-609, Principal Uses in the PCD -2 District is hereby amended to add the
following: (This o yould also include the PCD -3 District.
Sec. 36-608. - Principal uses in PCD -I subdistrict.
The following are the principal uses permitted in the PCD- I subdistrict:
Sec. 36-608. - Principal uses in PCD -I subdistrict.
The following are the principal uses permitted in the PCD -I subdistrict:
(1) Antique shops.
(2) Art galleries.
(3) Art studios.
(4) Bakeries, provided the rooms containing the preparation and baking process shall not have a gross
floor area in excess of 2,500 square feet.
(5) Barbershops.
(6) Beauty parlors.
(7) Bicycle stores, including rental, repair and sales.
(8) Book and stationery stores.
(9) Camera and photographic supply stores.
(10) Candy and ice cream stores.
(1 1) Clothes pressing and tailoring shops.
(12) Clothing stores, not exceeding 2,500 square feet of gross floor area.
(13) Clubs, lodge halls and meeting rooms, offices and other facilities for nonprofit organizations, not
exceeding 2,500 square feet of gross floor area.
(14) Coin and philatelic stores.
(IS) Day care.
(16) Drug stores.
(17) Dry cleaning establishments and laundries.
(18) Employment agencies.
(19) Financial institutions, but excluding drive-through facilities and pawnshops.
(20) Florist shops.
(21) Food, grocery, meat, fish, bakery and delicatessen stores.
(22) Garden supply, tool and seed stores.
(23) Gift shops.
(24) Handball courts, racquetball courts and exercise and reducing salons.
(25) Hardware stores.
(26) Hobby shops, for the sale of goods to be assembled and used off the premises.
(27) Household furnishings, fixtures and accessory stores, not exceeding 2,500 square feet of gross
floor area.
(28) Interior decorating establishments.
(29) Jewelry stores.
(30) Launderettes.
(31) Leather goods stores.
(32) Liquor stores, municipally owned, off -sale.
(33) Locksmith shops.
(34) Medical and dental clinics.
(35) Music and video sales and rental stores.
(36) Musical instrument stores and repair shops.
(37) Newsstands.
(38) Offices, including both business and professional.
(39) Optical stores.
(40) Paint and wallpaper stores, not exceeding 2,500 square feet of gross floor area.
(4 1) Personal apparel stores, not exceeding 2,500 square feet of gross floor area.
(42) Picture framing and picture stores.
2
and
(43) Repair stares and °rbc -e *ops wlw:h I rode servioes for dre repair of homm Virdem yard
persoew we sppfimmo ', odner than as mowed ink
(44) Rescmwant% but. ead�e date -ins and drive�lhr'oygf�
36-1" h.
(45)hook'Root area. but e�adudilg P
(46) SecommWW shores. not e�aom ft 2_W �e fiaet of gross
amn
d10F&
(47) Shoe sales a repair stares feet of g�rross 11oor area.
and goods storm goostores. not ameea g 2,W square
(49) Toiler shops`
(S% Tobacco, shops;.
(51 ) Tay shops.
(52) Travd bu rimis and tramportatian ticket allces
(53) v=ew, lk notion and soft goods stores- but vockdng a roe1K
vending madines v&& are coin -air card-aperaca
(54)
Sea-, , 4Ckqmr36 DWision 9- Pbnoed kodusaW Dktrim is bOnEby amended tau add the WlGWilW
Sec. 3&64. .
The are F*— s permed in the P6nned bA sa'd District (PID) dimaxt
((2j nubaourin& Proces!*% p avaunent and assembly f pr
iodimas and
M6
mataeriak
(3) Wwdwuef �testiareby Or wed mo the owner
use or its lessee. and iwdter. d the owner or kssee: does not esab rah doe
of the prioaipal oPerati(xL
FvinO1P°1 nye in the capacity of a carrier' far doe purpose of a and on the lex
(S, dant provide a service to the aonsmner on the oonsunmes prop"
ocaWmed by doe principal use; WW"R& but not Cmmed to; budding convactom pkrmb°�
cnnoracto S. swim vft pad cmavucdm and service aornpmi. and Offm3 `
(6) and panting shops -
(7) ORice and repair sarAcm
Knism� � togne of domestic suPPbM reaw1onal vdicles and e*ipment
..d od.., pm propertlr, of the owner of doe private properq is resP'DnsiMe forVWW°
UM
dre property t+o and *tan the prb C, . , use; and further. if the owner of the priK*d use does not
cva6kslt doe use � � oPerarion-
M An iaw haspni
" outsidie runs.
(10) CUI"nq endhogmas defined o 1�� Sacs. do- S30L
Secdon 5. ampmr 36 Artide )UL Suppk noes gives RegubUm is hereby amended to add"
fainwb�
a��i cm itis lift Sen 36-131 !.
Section 6, Effective Date.
This Ordinance shall be of ecove upon publkadon-
\ Wit• 1 , J W
Y rt-, 7,
Anest
Debra A Manger, Crcy Clerk
please publish in the Edina Sun Current on
Send two affidavits of publication
BIN to Edina City Clerk
& vland. Mayor
Mat
0
•
a %M ,c
d am"
M�
Ilk
NIV
�{'
i i4Et ��
C.�
Y�
un s'
I Hours of '
Zonin Districts
Type of Use � Notes
City Type of Establishment; Parking Requirements � Operation � g ,
;
Regulated
;
I Office Park C
I
1/40 ft2 of dining area &
Accessory to
Taproom t I NO brewery or small
1/80 ft2 of kitchen area 1-1, Light In
rY
I I brewery
I I I I
I
12, General Industrial Accessory
------F--_--_--- ----- a-- -------- ----------------------�---------------------
---------------------------
C-2, Highway Commercial
C
;
I *Brewery that produces not
C-3, General Commercial
C
Small Brewery* 1/40 ft' of dining area & ; i more than 20,000 barrels of
2 No I CBD C
Taproom 1/80 ftof kitchen area I malt liquor in a calendar year
I
P
I I Office Park I
I
I I -CBD
LakevilleI
I I I C-2, Highway Commercia I P
' 1/40 ftZ of dining area & 1 I I
I
Brewpub 2 No I P I
I 1/80 ft of kitchen area I I C-3, General Commercial
I ;I P
I _
CBD
--------_--»»-_----_---T---------------»--___-_l•-------»-»-____- �_ , 1
I Office Park I C
;
I
; ;Distilleries are permitted in I-1.
1/40 ftZ of dining area & NO I 1-1 Light Industrial I C ;Distilleries with an accessory tasting
Distillery I 2
1/80 ft of kitchen area I I I ;room are conditional.
I ,
I
;Distilleries are permitted in I-2.
I I
I I I I-2 General C !Distilleries with an accessory tasting
I I
I
;room are conditional.
--------------
» — — 11/40 ft2 of dining area & I I P
Microdistlllery I ; Office Park I
I 1/80 ft2 of kitchen area I '
Type of Establishment
Parking Requirements
Hours of
operation
Zonin; g Districts �
'
T e of use
Yp
; Notes
;
City
Regulated
C-2, Highway Commercial
P
'
C-3, General Commercial
1
P
;
;
;
'
CBD ;
C
's
I -CBD
P
;Microdistilleriessre permitted in I-1.
Microdistilleries with an accessory
Lakeville (cont.)
Microdistillery (cont.)
1-1 Light Industrial
C
'
(tasting room are conditional.
;Microdistilleries are permitted in I-2.
;Microdistilleries with an accessory
;
1-2 General
C
;tasting room are conditional.
'CBD
C
11/1000 ft2 of
Stillwater
BrewerTaoroom
manufacturing area &
No
'
'
General Commercial i
C
,
11/150 ft2 of taproom spacer
;
C
;Business
Park District
'_
!No parking requirements
! B-2
P
;
^�
Brewer
:.
in B-2 or on properties in Bi
, p p
i
No
'
'
1.' B-3 i
C
' Must abut Mainstreet
13 that abut B-2 district
i----------------------------
;------------------------i--
Ho kins
p
-------------------------t---------------- ----------�---------No----i--
B-2
P
No parking requirements
;
Brewpub
;in B-2 or on properties in Bi
B-3
Must abut Mainstreet
13 that abut B-2 district
I
C
City Type of Establishment Parking Requirements =
Hours of
Operation
Zoning Districts Type of Use
Notes
Regulated
;
;
;2.5 for 1,000 ft2 of retail13
;
ifloor area. 1 for 42 ft2 of
restaurant/bar area. 1 for ;
;
;All business districts including)
i 50% floor space must be used for
Brewer Taproom ;each two employees on
No
CBD C
; retail/restaurant purposes
maximum shift or one for
Excelsior ;each 2,000 square feet of
;
gross floor area, whichever
;
is greater for storage use. 1
;
;
;
- -------- —_____-___1_______-----------
i
!All business districts including!
; C
; 50%floor space mus be used or
;
Micro distillery See Microbrewery
No
CBD ;
retail/restaurant purposes
;Shall not exceed production of 5,000
C-2, Shopping Center
C
barrels annually
Buisness District;
;
' C-3, Service Commercial C
IDistrict
'
Micro -production ;No
1/1000 ft2 of floor area
i C-4 CBD C
Facilityt
C -4A Limited CBD C
Wayzata
C-413 CBD i C
------
__----- ___—__W_________�_____________--
---
---i--------------____-----------i--------------------
;Accesory to micro-
--------- ------ ---------------
Shall not exceed production of 3,500
1/1000 ft2 of produciton
;production facility.
;barrels annually; only 500 barrels
Ta room/Tastins
_p ,floor area; 1/40 ft2 of bar ;
No
; See micro -production facility
;may be sold off -sale
Roomi
area ;
,
'
i ;
i
'
__—---------------;—------------- ------
11/1000ftfor production I
;
---------
—Accesory to micro-
;
t production facility.
;
;area; 1/40ft2 of dining and
No
See micro -production facility ;
;
Brew ub 2 ;
;bar area;)/80ft of kitchen;
;
;area
Hours of
City Type of Establishment I Parking Requirements Operation
Regulated
!No on-site parking ,
required for non
;residential uses of 5,000 No
White Bear Lake Brewer Taproom Ift2 or less; 1/350
ft of light]
!manufacturing floor area
Minnetonka
St. Louis Park
1/1000 ftZ of production
Brewer Taproom !floor area; 1/50 ftZ of
!taproom floor area
BrewerTaproom ! 1/60ft'
No
See below.
Yes. Currently
considering
striking hours of
regulation
Zoning Districts i Type of Use i Notes
!Up to 5,000ft2 in area provided a
I ,
lminumum 20 percent of the floor
!area is devoted to use as a brewer
CBD C Itaoroom and retail sales display area
B-2 Limited Business District I C
B-3 General Business District C 1 Cannot exceed production of
' ! 250,000 barrels peryear
1-1 Industrial DistrictC
i -G General Industrial I P
(Cannot produce more than 3,500
!barrels per year; 15% of floor area
I -P Industrial Park I P w/Conditions 1may be used for retail and/or
!taproom
'-.'----------- ------------------ --------
;Cannot produce more than 3,500
!
!barrels per year; 25% of floor area
B -P Business Park I P w/Conditions i may be used for retail and/or
I
!taproom
St. Louis Park Hours of Operation
Monday -Thursday: 3 pm to 8 pm
Friday: 3 pm to 10 pm
Saturday: 11 am to 10 pm
Sunday: 11 am to 8 pm
I Federally Recognized Holidays: 11 am to 10 om I
This page intentionally left blank.
A7
ontom suffb9codfas'w- LAKEQ I(L&
Chapter 2
RULES AND DEFINITIONS
11 21: RULES:
oa'1# 11 1 o"W-10"'OL, - ---I - - - - - -
A_ The sj� n includes the plum, and the Plural the since
G. The word 'spar is mandatory while the word 'mai' is Perrnssive.
E. All measured distances expressed in feet shall be to the nearest terM of a fioot.
F. For tenr*ology not defiled in this tide, this code, the Mirroesota state budding code or the
VVebsWs fdwnary shad be used to define such terms. (Ord. 674, sec. 1, 7-17-2000)
11-2-3: DEFINITIONS:
1 .i
mew
,age or wtwse display surface mmns blank for a penod of om Year 'Or m0rev " any sign
« Pertains to a firne, evert or Pur/me
managemente *4*b no WnW appIes. shall be deemed to love
been abar�ed. Signs applicable to- a Wwwss WWM* suspended because of a diange
in ownersW or of such business { be deemed rel-. { 1 :1 unless I
• • i i �l i
i' 1 i :�
v,„�vacant1 Period 1 1' 1more.
0
r, t
AW
Af1j, Is- ca s7 57 11 IFT
BFtEMEW $MAJA4 A brewery Vul Produces not more thari twenty thousand (20.000) barrels
of malt liquor in a calerWar year as regulated by L4kVVrcja statutes, as may be amended
BFtEVYPUB.- A small brewery with a restaurant use operated on the Sam prenlism as Ille
brewery-
i•'. - of larid,topography,1 .t'in elevation.i t.-. t:-. Or landscape
plantingstoscreen1: partially F:::• ti or property1. .a:. -!.1 f use /: property or 1'
shield or mitigate noise, lights or odw impacts. I
BUFFM YMD: A strip of land utilized to screen or partially screen a use or property from
ano#w use or property or toshield or mitigatelights, or /dimpacts.
•
ULDABLE AREA- The portion of a lot remaining after required yards have been pmvided.
BUILDING: Any structure tuure used or Winded for supporting or sheltering any use or occupancy.
BUILDING HEIGHT. A distance to be measured from the mean ground_ levet to the top of a 09
roof, to the mean distance of the highest gable on a pitched or hip roof= to the deck line of a
mansard roof, to the uppermost point on all oar roof types -
BUILDING LINE: A fine parallel to a lot fabs or the ordinary high water levet at the required
setback beyond which a structure may not extend_
BUILDING SIGN: Any sign attached or supported by any buildirig-
&&W &gWon, SU= or enterprise where merchandise is
CANOPY: A rootlike cover. ait+en of fabnc, plastic, metal: or glass on a support, which provides
shelter over a doorway_
CANOPY SIGN: Any skin that is Part Of Or attached to a mr'OPY, made of fabric, plastc� or
struckirai protective cover over a door or entrance- A canopy sign is not a marquee and is
different from service area canopy signs-
CEULAR_ The portion of a building between 11001' and c0ling Which is WIOMY or Partly below
gradeand / located 1 . ft vertical distance fromgrade to the
f1W below is equal tD Or
greater than the vertical distance from grade to ceiling -
CEMETERY: A parcel of tat Of K ! used Or
:iM.,../.}1 1 be
used
b! the
. burW
of
the
1:;-..1
including cokimbariums, crematories, mausoleums and morluaries, When operated Widiin the
boundaries of such cemetery-
CHMGEA13LE COPY SIGN: A sign or porUm thereof Mat has a reader board for We display Of
Mor.
ZONING DISTRICT OVERLAY: A zoning dsW cwbk*Mregulations sL4xwkW s'ed upon
z regulaffions and %VersediV the underlying zanin9 dsW use regulalbm-
ZONING DISTRICT UNDERLYING (BASE)_ AN zoreing overlayzm=9 -
ZONING MAP: The map or maps wKxq orabed tato ibis title as part thereof, designahM to
zoning finds_ (Ord_ 674, sec. 1, 7-17-2000, a md_ Ord- 707, ser_ 1, 34-20OZ Ord- 730, sec
, Ord. 762, s� 1, 4-5 200
1,3-17 20U.' 4, Ord- 791, sec 1, 9-19-2005, Ord_ 816, secs- 2, 3.2-5-
2007; Ord_ 827, sec_ 1, 7-16-2007; Ord_ 866, secs- 2,10, 5-17-2010; Ont_ 867, secs. 1, 2, 3, 5
17-2010; Ord. 897,12-32012; Ord_ 903,34-2013; Ord. 913,114-2013; Ord_ 920, 4-7-2014;
Ord. 924,7-7-2014,- Ord- 936,34&2015)
Chapter 72
C--2, HIGHWAY COMMERCIAL DISTRICT
11-72-1: PURPOSE=
11-72-3: PERMITTED USES:
1, 0 , L' -#,L' .11 1..1 1 1. 1..
1 , 1 1'I t-I'I it i
uu
9/11/2015 Sterling Codifiers, Inc.
D. Governmental and public utility buildings and structures; city of Lakeville only.
E. Hotels.
F. Instructional classes.
G. Motor vehicle and recreation equipment sales and structures accessory thereto (excluding
those involving outdoor display).
H. Office businesses.
I. Pawnshops.
J. Private clubs or lodges serving food and beverages with on- and off -sale liquor.
K. Public garages and parking lots.
L. Restaurants, general with on- and off -sale liquor.
M. Retail businesses.
N. Service businesses, on and off site.
O. Sexually oriented uses, principal.
P. Tattoo parlors. (Ord. 867, sec. 109, 5-17-2010)
A(3
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361128
A - t77- =N
R. Fps yrs and heaNh dubs. (Ord_ 917, 2-18-201
T. Bmwpub. (Ord- 924,7-7-M4)
11 72-!'i PERM I IED ACCESSORY USES:
4jj, o — --.1--:- -
MENCIT
r. =
1
All
9/11/2015 Sterling Codifiers, Inc.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 109, 5-17-2010)
11-72-7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are
conditional uses in a C-2 district and require a conditional use permit based upon procedures
set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards
and criteria which may be cited below for respective conditional uses, each request for a
conditional use permit shall be evaluated based upon the standards and criteria set forth in
subsection 11-4-3E and section 11-4-7 of this title.
A. Auto repair, minor, provided that:
1. The entire site other than that taken up by a building, structure or plantings shall be
surfaced with a material to control dust and drainage which is subject to the approval of
the city engineer.
2. A minimum lot area of twenty thousand (20,000) square feet and minimum lot width of
one hundred fifty feet (150').
3. A curb not less than six inches (6") above grade shall separate the public sidewalk from
motor vehicle service areas.
4. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
5. No outside storage except as allowed in compliance with this chapter.
6. Sale of products other than those specifically mentioned in this section be subject to a
conditional use permit and be in compliance with this section.
7. All conditions pertaining to a specific site are subject to change when the council, upon
investigation in relation to a formal request, finds that the general welfare and public
betterment can be served as well or better by modifying the conditions.
M38N28
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3H 5
Chapter 73
GENERAL COMMERCIAL DISTRICT
t 1 73-1: PURPOSE:
! 7�Tti7: PERMrrrM USGT
:.
.:�. '-/ tea; rl, r� .s �1 :... • o ,:, I'� - I / 1 1 .f 1 :. i,- 1
1i i a. II'i I"
ir, 1-1 1 I
• t I/� 1 1111-. 1 !fl 1 1' l:+. i ! ! ! ''1 !
I . . i # . 4 a I
K. Restaurants, general with on- and off -sale liquor.
M. Service businesses, on and off site.
N. Sexually oriented uses, prindPal-
O. Tattoo parlors- (Ord_ 867, sec. 110, 5-17-2010)
P. Data centers -
Q. Frtness eters and health dubs. (Ord. 917, 2-18-2014)
t
S. Bn pub. (Ord -,924. 7-7-2014) A(i
IF
9/11/2015 Sterling Codifiers, Inc.
11-73-5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in this title, the following are permitted
accessory uses in a C-3 district:
A. Commercial or business buildings and structures for a use accessory to the principal use but
such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29 of this title.
D. Off street loading as regulated by chapter 20 of this title.
E. Off street parking as regulated by chapter 1.9 of this title, but not including semitrailer trucks,
except in designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
G. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 110, 5-17-2010)
11-73-7: CONDITIONAL USES:
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1 wee[I the animal boarding tenant and other individual tenant spaces to protect public
health and safety. (Ord. 888, 2-21-2012; ami. Clod. 917, 2-18-2014)
V_ &rte brevmjes with taproorns_ (Ord. 924, 7-7-2014)
11-7": INTERIM USES:
In addition to other uses specifically identified elsewhere m this title, and subject to applicable
provisions of this fide, the following are interim uses in the G-3 district and are governed by
dgM 5 of this title: (Ord. 867, sec. 110, 5-17-2010)
3. Sates area is surfaced with asphaflt, concrete or pavers to control dust.
4. The use does not take up parking space as required for c onforrnify to this title.
5. The interim use permit shall terminate upon a change of occupancy or other date as
delemined by the city council in accordance with section 11-5-7 of this tide.
a 1111 1 ./ 0-
1. Oulside
1.Outside storage connected with the principal use is firiited to thirty percent (30%) of the
gross floor area of the principal use.
ME"#, I I F791 I 1
i; i r1 r 1 ! 1 «1 1 1 1 ti
4. The storage ardoes e+.not take tip! 1 1 space asrequired for r! I! to ghapkE 19
1 1lilisI i
..f
S1wmcowom im
(Ord. 867, ser, 110, 5-17-2010)
11-73-15: BUILDING HEIGHT:
_1 1 M;iCi7117ii,
�1
A. Prim bWOng _ Three (3) stories or ftrty Fw feet (35'), whichever is less_
B. Aooesmy btddetgs: As rued by swan 11-18- Of Mis title. (Ord_ 867, sec- 110-
547-2010)
10,5472010)
Chapter 74
+CBD, COMMERCIAL - CENTRAL BUSINESS
DISTRICT
11-74-1: PUP KXW-:
r 1 /��• i' 1 ♦.-1 1,`?1 « i / 1' / "i « 1+:!. ii. 1 i _ '..
Irl
11-74-3: PTCI I Ew USES: A at
ska9 br-
M_ SexuaYy oriented uws, prrmdpaL (Ord. 867, sec, ill, 5-17-2010)
M. mew
p. Brewpub. (Ord. 924,7-7-2014)
11-745: PERUrr[ ED ACCESSORY USES:
t♦ 1 i t + + 1accessory uses in a
In addition to otheruses spech-.=w,
i 11 S -h
B_ Fences as regulated by chapter 21 of this tile_
D. Off street loading as regulated by chapter 20 of this tide.
off shee parift as regulated by —dmW-19 + this Me. +M9 se"Omilert «
except in designated loading areas not to exceed fmw (4) hours -
F. Satellite TVROs as reWlated by chapter 30 of this tide.
9/11/2015
Sterling Codifiers, Inc.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 111, 5-17-2010)
11-74-7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are
conditional uses in a C -CBD district and require a conditional use permit based upon
procedures set forth in and regulated by chapter 4 of this title. Additionally, besides the specific
standards and criteria which may be cited below for respective conditional uses, each request
for a conditional use permit shall be evaluated based upon the standards and criteria set forth
in subsection 11-4-3E and section 11-4-7 of this title.
A. Auto repair, minor provided that:
1. The entire site other than that taken up by a building, structure or plantings shall be
surfaced with a material to control dust and drainage which is subject to the approval of
the city engineer.
2. A curb not less than six inches (6") above grade shall separate the public sidewalk from
motor vehicle service areas.
3. Parking or car magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11-21-9 of this title.
4. No outside storage except as allowed in compliance with this chapter.
5. Sale of products other than those specifically mentioned in this section be subject to a
conditional use permit and be in compliance with this section.
6. All conditions pertaining to a specific site are subject to change when the city council,
upon investigation in relation to a formal request, finds that the general welfare and public
betterment can be served as well or better by modifying the conditions.
B. Automobile repair, major provided that:
1. All building materials and construction including those of accessory structures must be in
conformance with section 11-17-9 of this title.
2. Not less than twenty five percent (25%) of the lot, parcel or tract of land shall remain as
Aa 78/128
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:Y, it depaftentandKWnesOW t'i 1 COI / , fency ltqmtxgmmti '1
r, / • 5-17-2010)
V_ &natimemnies wA "Nooms_ (Ord_ 924, 7-7-2014)
1174-9. INTERN USES:
'1 1 1• / ! ( :.+. `+1 :a a: 1:. it :./ :•�fell'11111 L / 1 M '1 .'1'/ �✓�
• /1'h.-!". ti i i '�. 11- I 1/"1 :1 •. :-+ 1: • f,,1`a) r •I 1 f'/ 1
rt,7!; �-
a i I iI
. wim-114'a
an . 1 ;111 • resklentialI s r t! f h' vAlh secfion• Of tift tMe.
3. Sales area Is surfaced with aSPhalL WrOreW Or Pavers to t1 it / /' s
4. The use does 1 lalm up parkbM space .s Fequired for conkunity 1 this I!I
le-
5- The intemn use pemmt shall terminate upon a change of occupancy or offw date as
deteId by I city council accordance wittri: o Vis Me.
742,767 . IR
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11_74-i5: LOT REQUIREMENTS AND SETBACKS=
The following minimum requirements shall be observed in a C -CBD district subject to addffianat
,requirements, exceptions and modifications set forth in this titer:
Lot area II Ij None
Lot width II II None
�u onto a street other than
Setbacks None except where a lot zoned C -CBD fronting
Holyoke Avenue abuts a residential zoned Property along a common she
lot line then the front yard setback shag be 20 feet a be 30 feeside or t
yard setback abutting any residential zoned property
shall
(Ord. 897,12-3-2012)
11-74-17: BUILDING HEIGHT:
provided for by section 1=17-7 of this title Or other requirements' exception and
Except as pro ` shad exceed the
modifications set forth in this tine, no structure within the C-Cl3D district
fogowing height:
A. Principal buildings: Three (3) stories or thirty five feet (35'), whichever is less.
B. Accessory buildings: As regulated by subsection 11-18-9C of this trite. (Ord. 867, see- 111,
5-17-2010)
Chapter 75
O -P, OFFICE PARK DISTRICT
11-75-1: PURPOSE:
The purpose of the O -P district is to provide for the establishment of fines�hleM of
wholesale showrooms. and related uses in an environment proms
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amenities, including landscaping, preservation of natural features, architectural controls,
pedestrian trails, and other features. (Ord. 867, sec. 112, 5-17-2010)
11-75-3: PERMITTED USES:
In addition to other uses specifically identified elsewhere in this title; the following uses are
permitted uses in an O -P district:
A. Commercial printing establishments.
B. Conference centers.
C. Governmental and public utility buildings and structures; city of Lakeville only.
D. Hotels. (Ord. 867, sec. 112, 5-17-2010)
E. Reserved. (Ord. 924, 7-7-2014)
F. Laboratories, research and development facilities.
G. Office businesses.
H. Radio and television stations.
I. Trade and postsecondary schools.
J. Wholesale showrooms. (Ord. 867, sec. 112, 5-17-2010)
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K. Light manufacturing that does not generate exterior smoke, dust, odor, fumes or noise
emissions and is less than fifty percent (50%) of the principal building floor area. (Ord. 897,
12-3-2012)
L. Data centers. (Ord. 917, 2-18-2014)
M. Mi dis Ienes with or without tasting rooms.
N. Small breweries with or without taprooms. (Ord. 924, 7-7-2014)
11-75-5: PERMITTED ACCESSORY USES:..
In addition to other uses specifically identified elsewhere in this title, the following are permitted
accessory uses in the O -P district:
A. Commercial or business buildings and structures for a use accessory to the principal use but
such use shall not exceed thirty percent (30%) of the gross floor space of the principal use.
B. Fences as regulated by chapter 21 of this title.
C. Ground source heat pump systems as regulated by chapter 29 of this title.
D. Off street loading as regulated by chapter 20 of this title.
E. Off street parking as regulated by chWter of this title, but not including semitrailer trucks,
except in designated loading areas not to exceed four (4) hours.
F. Satellite TVROs as regulated by chapter 30 of this title.
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G. Secondary or accessory use antennas or satellites as regulated by chapter 30 of this title.
H. Sexually oriented uses, accessory.
I. Signs as regulated by chapter 23 of this title.
J. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 112, 5-17-2010)
11-75-7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title,
the following are
conditional uses in an O -P district and require a conditional use permit based upon procedures
set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards
and criteria which may be cited below for respective conditional uses, each request for a
conditional use permit shall be evaluated based upon the standards and criteria set forth in
subsection 11-4-3E and section 11-4-7 of this title.
A. Commercial recreation facilities, provided that:
1. The architectural appearance and function plan of the building and the site shall be
designed with a high standardof architectural and aesthetic compatibility with surrounding
properties. Building materials, orientation, colors, height, roof design, lighting, signage
and site landscaping shall be designed to complement the surrounding properties and
demonstrate potential reuse as allowed in this district. All sides of the principal and
accessory structures are to have essentially the same or a coordinated, harmonious
exterior finish treatment.
2. A commercial recreational use shall not be located within a shared tenancy building
containing a use classified as an "H" occupancy as defined by Minnesota state building
code, as may be amended.
3. In multiple -occupancy buildings, a material safety data sheet (MSDS) shall be required
identifying all materials stored or used in the operation of the tenant businesses. Any
change in building tenants shall require that the MSDS be updated and provided to all
other tenants in the multi -tenant building.
4. A commercial recreational use in a shared tenancy building shall have its own exterior
entrance and exit.
5. The site must be accessed via a collector street. Vehicular access points shall create a
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(1) Water connection: A shutoff valve for each individual unit shall be provided.
(2) Sewer connection: Where more than one unit is served by a sanitary sewer service,
all maintenance and cleaning shall be the responsibility of the maintenance
association or owners.
J. Personal wireless service antennas not located on an existing structure or tower as regulated
by chapter 30 of this title.
K. Warehousing and self -storage facilities, provided that:
1. The proposed use is not a waste facility. (Ord. 867, sec. 112, 5-17-2010)
L. Light manufacturing that is fifty percent (50%) of the principal building floor area or greater,
provided that:
1. The use does not generate exterior smoke, dust, odor, fumes or noise emissions.
2. The use shall comply with all applicable exterior building materials and landscaping
requirements of the O -P district.
3. There shall be no outdoor storage allowed as a principal or accessory use.
4. The proposed use is not a waste facility as regulated by this code. (Ord. 897, 12-3-2012)
M. B ewertes and small breweries with or without taprooms.
N. Distiilaies and microdistilleries with or without tasting rooms. (Ord. 924, 7-7-2014)
11-75-9: INTERIM USES:
In addition to other uses specifically identified elsewhere in this title, and subject to applicable
provisions of this title, the following are interim uses in the O -P district and are governed by
cha 5 of this tale:
A. Accessory, enclosed temporary (exceeding 30 days) retail, rental, or service activity other
than that allowed as a permitted use or conditional use within this section, provided that:
�� a
.sOV a �
H. Lag: A deed landscaping plan in conformance with chapter 21 of this tide shall
be subrnTted to the zoning administrator and approved before a building perrnid may be
obtained.
1. Usable Open Space: Every effort shall be made to par."v a natural stomwrater basins and
feahures of the land to create passive open spaces_
9 go 17174 I'S
1 _ The storage area is in compliance with chapter 22 of this tide.
2- The area is f* fenced, screened and landscaped from adjacent properties according to
a plan approved by the zoning adminisstraator and a landscape security as determined by
the zoning administrator is provided -
3_ Storage area shall be limited to a maxumeann of twenty percent (20%) of the gross lot area.
4_ Storage area shall be in the rear yard only and set back thirty feet (301 from all properly
Imes.
5. The storage area is surfaced with bituminous materials to control dust.
6_ The storage does not include any waste, except as provided in section 11-18-11 of this
tide.
K Signage: A comprehensive sign plan must be submitted in conformance with chapter 23 of
ods title. (Ord. 867, sec. 112.5-17-2010)
Chapter 86
141 LIGHT INDUSTRIAL DISTRICT
1146-1: PURPOSE:
The purpose of the 1-1 district is to provide for the establishment of warehousing and light
i clustrW development. The overall character of the 1-1 district is intended to have an
officeftarehouse character, thus industrial uses allowed in this district shall be limited to those
which can compatibly exist adjacent to both lower intensity business uses and high intensity
manufacturing r ing uses_ (Ori. 867, sm. 114.5-17-2010)
-11-I Wr 11
14,5-172010)
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L. Servicing of motor freight vehicles and heavy construction equipment; directly related
accessory materials and parts sales for such repair and servicing (not including new or used
vehicle sales); and accessory materials and parts warehousing which is related to and
dependent upon such uses, provided that:
1. All servicing of vehicles and equipment shall occur entirely within the principal structure;
2. To the extent required by state law and regulations, painting shall be conducted in an
approved paint booth, which thoroughly controls the emission of fumes, dust, or other
particulate matter;
3. Storage and use of all flammable materials, including
liquids and rags, shall conform with
applicable provisions of the Minnesota uniform fire c ,
4. Parking, driveway, and circulation standards and requirements shall be subject to the
review and approval of the city engineer and shall be based upon the specific needs of
the operation and shall accommodate large vehicle equipment and semitrailer/tractor
trucks;
5. The storage of damaged vehicles and vehicle parts and accessory equipment must be
completely inside a principal or accessory building; and
6. The sale of products other than those specifically mentioned in this subsection L shall be
subject to a separate conditional use permit and shall be in compliance with section 11-
86-7 of this chapter.
M. Sexually oriented uses, principal.
N. Trade schools.
O. Transportation terminals.
P. Warehousing, including self -storage facilities.
Q. Wholesale businesses. (Ord. 867, sec. 114, 5-17-2010)
R. Data centers. (Ord. 917, 2-18-2014)
S. Breweries and small breweries. All
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T.1,13isliksks and trim I' '— ides_ (Ord_ 924.7-7-2014)
11-86-6: PER111TTED ACCESSORY USES:
+• +' +I =,,o +' +' I1 1 I •
C. Ground source heat pump systems as regulated by chapter 29 of this We
G. Sateffite TVROs less than two nags (2 m) m diameter as regulated by dhapter 30 of ibis
Me.
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J. Signs as regulated by chapter 23 of this title.
K. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 114, 5-17-2010)
11-86-7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are
conditional uses in an 1-1 district and require a conditional use permit based upon procedures
set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards
and criteria which may be cited below for respective conditional uses, each request for a
conditional use permit shall be evaluated based upon the standards and criteria set forth in
subsection 11-4-3E and section 11-4-7 of this title.
A. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this title, provided that:
1. Such use is allowed as a permitted use in a C-1 district.
2. Such use does not constitute more than thirty percent (30%) of the lot area and not more
than fifty percent (50%) of the gross floor area of the principal use.
B. Animal kennels, provided that:
1. The animal kennel shall be located in a freestanding building.
2. An exercise area at least one hundred (100) square feet in size shall be provided to
accommodate the periodic exercising of animals boarded at the kennel.
3. If an outdoor exercise area is provided, it shall be at least one hundred fifty (150) square
feet.in size and shall be restricted to the exercising of one animal, on leash, under the
control of a handler, in the pet exercise area, at a time.
4. Outdoor exercise areas shall be fenced, not less than six feet (6) in height with an
additional at least two foot (2) security arm with an internal orientation set at a thirty
degree (30°) angle, and shall be of sufficient strength to retain kenneled animals. Said
fence shall be located in a side or rear yard and shall provide a complete visual screen
from surrounding properties in compliance with section 11-21-9 of this title. Said fence
shall be set back at least one hundred feet (100') from any side or rear,property line.
5. Outdoor exercise areas must be cleaned at least once a day to prevent the accumulation
http:/www.sterlingeodifiers.com/codebook/printnow.php 433 109/128
J. Salelote TVROs greater than two meters (2 m) in diameter as regulated by chapter 30 of this
tine.
K Trudjcar vrasher, (automatic mechanical drive-through only) as an accessory use
associated with a tuck stop, provided:
1. The accessory carlbuck wash must be on the same parcel of record as the truck stop.
2. Magazine or stacift space is constructed to accommodate sic (6) vehicles per wash
stall and shall be subject to the approval of the city engineer.
3. Magazine or staddng space must not interfere with on site circulation pattens or required
on site parking or loading areas -
4. parking or c arfiruc k magazine storage space shall be screened from view of abutting
residential districts in compliance with section Z1 2i-$ of this title.
5. The location and operation of vacuum machines must not interfere with magazines or
stacking areas, on site circulation or on site parking and loading areas.
6. Provisions are made to control and reduce noise and special precautions shall be taken
to limit the effects of noise associated with vacuum machines. Additionally, the garage
doors must remain dosed during the operation of the caritruc k wash.
7. Untreated water from the car/'trudc wash shop into the storm sewer. If
not be discharged
the water is to be pretreated and discharged into the storm sewer, the Pretreatment Plans
std be srthject to review and approval of the city engineer and building official.
8. AN of the provisions as outlined in section 11-_37-7 of this We must be satisfy.
L. Trude stops, as regulated by chapter 37 of this title. (Ord. 867, sec. 114, 5-17-2010)
N. Tastirng Morris accessory to adistillery or microdist"ery. (Ord. 924, 7-7-2014)
11-W-9: INTERIM USES:
In addition to other uses specifically identified elsewhere in this titlo, and subject to agile
OWW"w4ft - Ot „wm
(Ord. 888.2-21-2012)
114M-15: BUILDING HEIGHT:
Except as provided for by section 11-17-7 of this tide or other regtiinernerits, exceptions and
modifications set forth in this title, no stnxfiune within the 1-1 district shah exceed the foNowing
height (Ord. 867, sec. 114.5-17-2010)
A. Prirtc bungs: Foci (4) stories or forty five feet (45). whichewer is less. (Ord. 888, 2-21-
2012)
A ="r II;lF 1-111111171111 11,711
Chapter 87
I -I GENERAL INDUSTRIAL DISTRICT
11-871: PURPOSE:
1 .hl :i r 7/ I! / :•. 17 1.1 F7 il Y. h' ri 0., + 1 i•
11 �
11-87-3: PERMITTED USES:
A
MUM
T. Bales and small breweries.
U. Distilleries and.. microdistilleries.. (Ord. 924, 7-7-2014)
11-87-5: PERMITTED ACCESSORY USES:
In addition to other uses specifically identified elsewhere in this title, the MOWN are permitted
accessory uses in an 1-2 district:
A Buildings and structures for a use accessory to the principal use but such use shall not
exceed thirty percent (30%) of the gross floor space of the principal use.
B. Fences as regulated by chapter 21 of this title.
G. Ground source heat pump systems as regulated by chapter 29 of this title.
D. Off street loading as regulated by chapter 20 of this title.
E. Off street parking as regulated by chaste 1219 of this title, including semitrailer trucks.
F. Outdoor storage and parking of land/sea containers and semi -tractor trailers as regulated by
chapter 22 of this title.
G. Satellite TVROs less than two meters (2 m) in diameter as regulated by chapter 30 of this
Ole.
H. Secondary or accessory use antennas and satellite TVROs, as regulated by chapter 30 of
this title.
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I. Sexually oriented uses, accessory.
J. Signs as regulated by chapter 23 of this title.
K. Solar energy systems as regulated by chapter 29 of this title. (Ord. 867, sec. 115, 5-17-2010)
11-87-7: CONDITIONAL USES:
In addition to other uses specifically identified elsewhere in this title, the following are
conditional uses in an 1-2 district and require a conditional use permit based upon procedures
set forth in and regulated by chapter 4 of this title. Additionally, besides the specific standards
and criteria which may be cited below for respective conditional uses, each request for a
conditional use permit shall be evaluated based upon the standards and criteria set forth in
subsection 11-4-3E and section .11-4-7 of this title.
A. Accessory, enclosed retail, rental or service activity other than that allowed as a permitted
use or conditional use within this title, provided that:
1. Such use is allowed as a permitted use in a C-1 district.
2. Such use does not constitute more than thirty percent (30%) of the lot area and not more
than fifty percent (50%) of the gross floor area of the principal use.
B. Airports.
C. Animal kennels, provided that:
1. The animal kennel shall be located in a freestanding building.
2. An exercise area at least one hundred (100) square feet in size shall be provided to
accommodate the periodic exercising of animals boarded at the kennel.
3. If an outdoor exercise area is provided, it shall be at least one hundred fifty (150) square
feet in size and shall be restricted to the exercising of one animal, on leash, under the
control of a handler, in the pet exercise area, at a time.
4. Outdoor exercise areas shall be fenced, not less than six feet (6) in height with an
additional at least two foot (2) security arm with an internal orientation set at a thirty
dearee (300) anale. and shall be of sufficient strenath to retain kenneled animals. Said 121/128
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K. Tnx*klcar washes (automatic mechanical drive-through only) as an accessory use
associated with a truck stop, provided:
1. The accessory carMx:k wash must be on the same parcel of record as the truck stop.
2. Magazine or stacking space is constructed to accommodate six (6) vehicles per wash
stall and shall be subject to the approval of the city engineer.
3. Magazine or staddng space must not interfere with on site circulation pattens or requk ed
on site parking or loading areas.
4. Parking or carArudk magazine storage space shall be screened from view of abutting
residential districts in compliance with section 11- of this title.
5. The location and operation of vacuum machines must not interfere with magazines or
stacking areas, on site circulation or on site parking and loading areas.
6. Provisions are made to control and reduce noise and special precautions shall be taken
to limit the effects of noise associated with vacuum machines. Additionally, the garage
doors must remain dosed during the operation of the cadtruck wash.
7. Untreated water from the car/truck wash shall not be discharged into the storm sewer. if
the water is to be pretreated and discharged into the storm sewer, the pretreatment plans
shall be subjed to review and approval of the city engineer and building ofWai.
8. All of the provisions as outlined in section 11-37-7 of this title must be sated.
L. Truck stops, as regulated by chapter 37 of this title. (Ord. 867, sec. 115, 5-17-2010)
M. Taprooms accessory to a -brewery or small brewery.
H. Testing rooms accessory to a distillery or micxodistillery. (Ord. 924, 7-7-2014)
11-87-9: INTERIM USES:
In addition to other uses specifically identified elsewhere in this title, and std*d to apple
provisions of this title, the following are interim uses in the 1-2 district and are governed by
chapW 5 of this title:
A3 4t
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�Tt Low f PA R K,
§ 36-243 I P PMSTRiALPARK DISTRICT
j_
Each business shall display a sign On. its main entrance door which roads: 'Tuts
business sells ,telly-oriecited mesial or entc rta nmegit. Persons water the age of
18 ane prohibited frons entering_' The sip letters $ball be a minimum of two
`? inches higb-
\ lc
No
business licensed under ibis may have a licen9e under chagrtur 3 of
this Code, and no alcoholic beverages may be conswiied in the business.
L No business shall exceed 10,000 square feet in gross floor area-
HL
ream No patron, en*oyee or other person may physically contact any RWAed
anatomical area of himself or herself. or of any other paso®, except that a live
perf weer may touch himself or bersdf
n_ Each live performer shall remain at all times a minimum distance of ten feet from
all members of the audience, and shall perform on a platform intended far that
propose, which shall be raised at least two feet firom the level of the floor on which
the audience is locjtecl. No performer may solicit or accept any pay, tip, or other
item iinnm any member of the audiauoe.
o_ No business shalt have any booths, stalls or partitions which separate any area
from a general public room. The rest rictioas of this surbsection (cx8)o- do not
apply to nzuoons, storage roans, or private offices of the owner, manager of
employees of the business, if such storage roams or offices are used solely for
ru ming the business and no person other than the owner, manager and employees
is allowed in the storage roans or offices.
P- The business owner, managor or employee shall ensure tbat no person under the
age of 18 years enters the busirims.
(9) A&&co4 gwcal and dadal kbm utOnea No dived delivery of health-related
otamination, services or treatment to cudomexs on an appointment or walk m basis.
(10) Cafervrg_ The conditions we as follows'
a An outdoor activities such as loading and unloading shall be located a minimum of
100 feet from any parcel that is zoned residential and used or subdivided far
retial, or has an occupied institutional building including but not limited to
schods, religious institutions and community centers, and where possible shall be
locatedon. the side of the building farthest from any parcel that is zoned residential
and used or subdivided for residential, or has an occupied inst"Onal building,
including but not limited to schools, religious instriiitici and community cels-
b. The applicant must sign a stallemcrit acicnowkxlpng and ung to abide with all
of the applicable performance idandards and otlier regulations of this cbapta.
01) Bmwety. TheQottditions are as follows_
a The bury shall not produce more than 3,500 barrels of malt liquor per Year
li. Up to 15% of the grass floor area of the Brewery may be used for any ccrnbumation
of retail and a taproom.
(Ord. No. 2418-12, 9-14-12)
(d) Uses permitted by condi iomal we permit No structure or land in an I-P district shall
be mod fit the following uses except by coOrtuonal use pmt- These unci $hail comply with the
m stri d restrictions and performance standards of section. 36-242 and all of the general coalitions
provided in section 36-33 regarding conditional use permits, and with the specific ccrdfioos
imposed in this fiction. (Ord No. 2419-12, 9-14-2012)
Sip. No- 23 (01-13) 36.198 St Louis Pads Zoning Code
®� ' wf1. 1
Y1 ia.
§ 36-233
N) permittedOHOWIng
uses with a floor area ratio (FAR) of less than 1.0 are
permitted in the BP dW[ ri&
(1) Banks.
(2) Business I trade school-
(3) CO11qF1UniVcrs4-
(4) IAUBries-
(s) Medical and dual of or laboratoffY-
(6)
1V1usenmslart Pft ra;.s
(7)
offices.
($)
Parks and open spaces -
(9)
parks and recreation -
(10)
Police and fire stations.
(11)
Research and Devel-
(12) Transit Ad io
rmMed with conditions_ A m IBM m any BP district may be used for
%) Uses Pe AR of less than 1-0 and complies
one or nwore of the following uses if it bas a Door area ratio (FAR)
with the performance sods as stated m Section 36-232 and the conditions saved below
-
(1) A&W day carme_ The c andMo s we as follows:
a. The use must have a minimum of 150 square feet of outdoor area Per adult under
cmc dedicated to outdoor adivy or be within Y.� mile of a city park
(2) .Bnewry. The condkions am as follows_
a The brewery shall not produce more than 3„500 barrels of malt liquor per Yea
combination
b. Up to 25% of the Foss floor 8=0f the Brewery may be incl for any
of rdail and a taproom
(Ord. No. 241842, 9-14-12)
(3) Catering. The conditions are as follows:
a. Any exist system venting to the outdoors shall be located away from relic
areas.
.1
til:l.a. 1 .rl 1./ / 1 i -II fl 'tl✓.!1 11
1 ala. bh.111'..
Supp. No. 29 (12-14)
36:192.3
St. Lawns Park Zo nog Cade
WjVj 15 SMS(I,3- uesdhartmnstUdlkW
Sec. 50-6. - Interim uses.
Exceisfor
I 'm,Uft P rofai! r baimess
Sec. 50-8. -Lot requirements and IV U
a iSAt icks
Sec. 50-9. - Design standards. w-A,%V s lncj%Xd�ed iK
ARTICLE SO. - B-1, CENTRAL BUSINESS DISTRICT
Sec. 50-1. - Purpose.
% : $ 63
To encourage retail establishments offering goads and services to the geriWM Public
on the street level of Water Street
To provide for retail sales and service establshments in a compact, pedestrian
oriented area for the convenience of the pubrK, and for fostering mutually beneficial
relationships among the business establishments.
(a)
(b)
Saww- as
-MM S1CCAi U n
(c) To minimize negative impacts upon surrounding residential neighborhoods by
limiting the uses permitted.
(d) To exclude high,-y/auto oriented businesses which would disrupt the desired
compact; pedestrian character of the B-1 District and neighborhood l -
(e) To provide adequate and conveniently located parking in publtr lots.
(f) To minimize traffic congestion within the 134 district and wWn surrounding
residential areas.
(g) To promote high standards of building and site design which will foster compact
commercial developments with pedestrian convenience and human scale, and which
will preserve and strengthen the historic character of the B-1 district
(Ord W 37% 8 2 2WO
Sec. 50-2: - Street levet permitted uses --Water Street only-
�BEd� -
The following are the permitted principal uses at street k -M on Water Suet in the 13-
1 district Each individual business fronting on Water Street at street level is required to be
a permitted principal use. All existing uses on Water Street that conform to the NA found
below cannot be converted to a non -conforming use unless in compliance with the
provisions of this section. All new construction or expansion of over 25 percent of the
space must also conform to the uses in sections 50-2(1) through 50-2(11)
customer service omces only of banks. savings institutiOns. credit unions
atwrR►
seed air? an older arms -1-1 a�skia I Code d I . MN I M" i=b Lb`---
gnuzms 1 'ste POWOVn o , r fin inst ion! one of these uses are allowed for office use
-
C ni. o
2) Restaurants, cafes, tea rooms, bakeries, taverns, on and off sale liquor, and
convenience food establishments without a drive-in facility.
(3) Retail sales.
(4) Commercial services uses if the service generates substantial walk-in traffic, such
as including but not limited to, retail salons, tailors, and barber shops.
Commercial service uses shall not include learning, teaching, tutoring, or
therapeutic learning services, or schools for music, dance, business or vocation,
real estate or law offices. After review by the planning commission and approval
by the city
council, additional commercial service uses may be permitted if those
uses promote some or all of the following:
a. Excelsior as a retail destination.
b. Substantial walk-in traffic.
c. Use of advertisement to encourage retail traffic.
d. Businesses open during retail hours from 9:00 am to 9:00 pm and weekends.
e. Typical uses found in shopping malls.
(5) Theaters, excluding drive-in type of service.
(6) Retail rental of goods conducted entirely within a building.
{) Retail repair services such as jewelry and electronic appliance repair shop, but
not auto repair.
(8) Pet shops when all activities are contained entirely within a building.
(9) Retail computer services and printing.
{10} Artistic and handicraft uses, including but not melimited to works. etc provided at least 50
st studios, ceramic
shops, pottery works, candle making, light metal
at the front one-half of the building is used for
percent of the total floor space
sales and display purposes.
(11) Parks
(12) Public libraries
(Ord. W 461, § 1,11-1-2010)
Sec. 5}3. _ Permitted uses other than street leve! of Water Street and all
other areas --B-1 district
%;�:0'
The following are permitted uses at other than street level and fronting on Water
Street and in all other areas of the B-1 district:
(1) All of the permitted uses found in section 50-2 of this Appendix E.
(2) Government and public utility buildings.
(3) office business (general) and office businesses (clinical).
(4) Dwellings if located above street level. A 4+ o1,
(Sl I ndap q- - - .. cmv-rvrw ,azo neT9acMuai SSI)'W
No
tt 11 tar' 1: dwrapeuticor •.••s for
(6) Learning teaching�
musk, dance lessons; Or vocation -
(7) Mond% hok!K and bed and Weakfast facftes as regulated byAM&OZ Of this
AppendixE
(8) Artistic and handicraft uses PrOW&4 at least 25 percent of the total fl" space at
the kant of the Wilding of the street level ts used for sales and display purposes.
At odwthallstreet thereis 1
uwwnlxn requg"wient: for sales and display
Artistandhan&Kraftsie J I i l the followwX
a. lis `.1 1 1'..
/. . ( 1 P..
C. PotteryVANks-
LqftmeiAvwmrks.
"f f 1 r [+ a .:r �+"f-�•', r,' Wit+
(1) Accessory uses incidental / customary a uses allowed as permitted.
conditionat interim, and adminisWative permits in this Appendix E-
Bsential Wvvided for -
WCA ofthis Appendix E-
(3) Fences as regulated by aflideA of this Appendix F -
,s regulated[ ' Iyi.. ofthisAppendix
(5) Off -Kjing as reguli-ited by articles 19 and 20 of this
sweet Parldrig and off-street kk
AppendixE
(6) Keeping of animals subrd tD xjgkM of this Appendix E andjMftLfi Of the
Code.
AdultCA s1 /
Code proWded th& any such use shall be prohil)ited "M both internal and
external
satellite /
,... Radio
1. / -. i television
. w :9. ...•;. ..ice antennas , �, (. ./ g single
federallymeter or less in diarim1w. shorhWW radio dispatching antennas. or those
necessary for the operation of electronic equipmn* kKkKft radio receivers.
•ne
licensed
ankateur radio structures and teleumonasregulated
in-affidC22afthis Appendix E- a permitted principal
(9) Any ffKXWntal repair or processing necessary to cmKkxt
i such
.1i use
shall not occupy more dim 50 percent of i
T 7-jv7 nor more than 50 percent of the gross man hours required to conduct
1 1 li' 1 1DO:-L-ILI►7-Am
9/11/2015 Sec. 50-3. - Permitted uses other than street level of Water Street and all other areas—B-1 district. i Code of Ordinances i Excelsior, MN i Municode Libr...
cafe, tea room, or liquor store. Private clubs are not to be restricted in the
number of devices permitted.
(11) Outdoor sidewalk cafes as regulated by article 37 of this Appendix E.
Sec. 50-5. - Conditional uses. Modified
�q,
In addition to other uses specifically conditional within this district that are identified
elsewhere in this Appendix E, the following are conditional uses in a B-1 district and
require a conditional use permit based upon procedures set forth in and regulated by
article 4 of this Appendix E. Additionally, besides the specific standards and criteria what
may be cited below for respective conditional uses, each request for a conditional use
permit shall be evaluated based upon the standards and criteria set forth in subsection 4-
3(5) of this Appendix E.
(1) Operation of rail transit systems.
a. The hours of operation shall be limited to 6:00 a.m. to 11:00 p.m., unless
extended by the city council as part of the conditional use permit.
b. Provisions are made to control and reduce noise in accordance with section
11 C�-9 of this Appendix E.
(2) Public or private parking facilities as a principal use as regulated by article 19 of
this Appendix E.
(3) More than one principal building on a base lot.
(4) All transmission pipelines and overhead transmission and substation lines in
excess of 35 KV and up to 100 KV, subject to the provisions of article 26 of this
Appendix E.
(5) Day care and preschool facilities as a principal or accessory use as regulated by
article 30 of this Appendix E.
(6) Personal wireless antennas not located upon an existing structure as regulated
by article 29 of this Appendix E.
(7) Motor fuel stations, existing upon the date of this Appendix E, with or without
additional retail sales within the principal building. No minor or major auto repair
shall be allowed.
a. Motor fuel stations and retail uses existing upon February 9, 2003, may
remain in place and shall be allowed to continue at the size and in the
manner of operation existing upon such date except as hereinafter specified.
b. When there is any change in the system for dispensing fuel, which has the
effect of changing the number of vehicles to be simultaneously served on the
property, all of subsection 51-4(8) of this Appendix E must be met in full.
c. When the building footprint is increased, then all of subsection 51-4(8) of this
Appendix E shall be met in full.
d. When any structure used to provide cover or protection from the elements
for customers at the fuel dispensers is constructed, then all of subsection 51-
4(8) of this Appendix E must be met in full. 'vf�
https:l/www.municode.conAibrary/mn/excelsior/codes/code of ordinances?nodeld--PTIICOOR APXEZO_ART50CEBUDI S50-3PEUSOTSTLEWASTALO... 8/12
9MV2 M Sec. 50-3 - P ad uses gBW fan street WM afwakv Sheet and all aper arew-434 dskict I Cade al'O"k a ms I E=d sior. MN I IW *X de utr__
(8) Car washes. as an accessory use to an existing motor fuel station.
a. The accessory car wash must be attached to the convenience store/motor
fuel sales facility.
b. Stacking space is constructed to accommodate six vehicles per wash stall and
shall be subject to the approval of the city engineer.
c. Stacking space must not interfere with on-site circulation patterns or required
on-site parking or loading areas.
d. Parking or vehicle stacking space shall be screened from view of abutting
residential districts in compliance with arti 21 of this Appendix E.
e. Provisions are made to control and reduce noise and special precautions
shall be taken to limit the effects of noise associated with the car wash
operation, dryer and vacuum machines. The vehicle wash doors must remain
closed during the entire operation cycle of the vehicle wash and dryer.
f. The location and operation of vacuum machines must not interfere with
magazines or stacking areas on-site circulation or on-site parking and loading
areas, and may not be located in a yard abutting residentially zoned property.
g. Untreated water from the car wash shall not be discharged into the storm
sewer. If the water is to be pretreated and discharged into the storm sewer,
the pretreatment plans shall be subject to review and approval of the city
engineer and building official, and subject to applicable requirements of
Metropolitan Council Environmental Services and MPCA.
(9) Microbrewery, micro4stillery and miaro winery.
a. The brewer shall obtain a license from the commissioner of public safety to
brew 15,000 barrels of malt liquor per year, obtain approval of the
commissioner of public safety and be issued a license by the city for off -sale
of malt liquor.
b. All conditions for a brewer off -sale malt liquor license as specified in chapter
4 article II, division 2. and &ctaon 472 of the Code are complied with.
c. Microbrewery, micro -distillery and micro -winery operation hours shall be
limited to the hours specified in Minn. Stats. chapter 340A for off -sale
intoxicating liquor unless further limited by the city council as part of the
conditional use permit.
d. A microbrewery, micro -distillery and micro-Wnery located at the street level
of Water Street shall provide at least 50 percent of the total floor space at the
front one-half of the building to be used for sales, tasting, or restaurant
purposes.
e. Where a microbrewery, micro -distillery and micro -winery abut residentially
zoned property, a buffer yard of not less than 20 feet wide for buildings and
ten feet wide for parking areas shall be landscaped and screened in
compliance with article 21 of this Appendix E.
f. Vehicular access points shall create a minimum conflict with through traffic
movement, shall comply with article 19 of this Appendix E, and shall be
subject to the approval of the city engineer. ,i} -w
a Thp arrhitprh iral annaaranrP data and fi anttinnai plan of the cite an d
t WAvwwmuico&=Widra Wmdim aikmtdcode_d a dmr oesfndwpnrOM PXEZo ARTWCEBW SW-VWSOTWLSMAAarNA. 9111
9/11/2015 Sec. 50-3. -Permitted uses other than street level of Water Street and all other areas—B-1 district. I Code of Ordinances I Excelsior' MN I Municode ubr...
building is in character with existing downtown, commercial area or
neighborhood buildings, the city comprehensive plan, and the design
standards.
h. All performance standards related to sec_� 6-6. smoke; sec. 16-7, dust and
other particulate matter; sec. 16-8. air pollution; sec.16-9, noise; se_.
odors; sec. 16-11, vibration; sec.16-13, waste; of this Appendix E shall be
compiled with.
i. All lighting shall be designed in such a way as to have no direct source of light
visible from adjacent land in residential use and shall be in compliance with
section 16-5 of this Appendix E.
j. All signage shall be in conformance with article 24 of this Appendix E.
k. All parking shall be in conformance with article 19 of this Appendix E.
►. The building and site will comply with all setbacks, building heights,
impervious surface and other requirements in section 45-7 of this Appendix
E.
m. The development shall comply with all other conditions
urround ng residential
city to mitigate any undue negative influence on all
properties.
(Ord. No. 470, §3, 8-1-2011)
Sec. 50-6. - Interim uses.
In addition to other use specifically permitted interim this district that are identified
elsewhere in this Appendix E, the following are interim
rthis Appendix sln a
istrict based upon
procedures set forth in and regulated by art=
(1) Satellite TVROs greater than one meter and less than three meters in diameter as
regulated byarti_ of this Appendix E.
(2) WECS, as regulated by article 28 of this Appendix E.
Sec. 50-7. - Uses by administrative permit.
14'
In addition to other uses specifically allowed by administrative permit within this
district that are identified elsewhere in this Appendix E, and subject to applicable
provisions of this section, performance standards established by this Appendix E, and
processing requirements of article 8 of this Appendix E,
the following are uses allowed in a
B-1 district by administrative permit as may be issued by the zoning administrator:
(1) Temporary structures as regulated by article 27 of this Appendix E.
(2) All telephone lines, pipelines, and structures for local distribution, underground
transmission lines, and overhead transmission lines of 3,5KV or less, as regulated
by arti_ of this Appendix E. A-`i'`o�r
https://www.municode.com/library/mnlexcelsior/codes/code of ordinances?nodeld=PTIICOOR APXEZO ART50CEBUDI S50-3PEUSOTSTLEWASTAL... 10/12
other t
9/11/L015 Sec. 50 3. Permitted uses than street level of Water Street and all other areas—B-1 i
district. I Code of Ordinances I Excelsior, MN I Muncode libr...
I' asi ublic
(3) Personal wireless service antennas located upon a pub is or qu p
structure or existing tower, as regulated by_.article of this Appendix E.
(4) Personal wireless service antennas, located upon a temporary mobile tower as
regulated byarti_ of this Appendix E.
(5) Open or outdoor sales, rental or display as an accessory use in association with
an allowed principal use provided that:
a. The area so occupied shall not exceed ten percent of the principal building.
b. No storage or overnight display of merchandise shall be permitted in
required rear, side, front yards, or parking areas and shall be limited to the
area of the customer entrances.
Sec. 50-8. - Lot requirements and setbacks.
0
The following minimum requirements shall be observed in a B-1
Distforrict
in tubs AAppendix
ject to the
following additional requirements, exceptions, and modifications
E:
All Lots
Lot Area None Specified
Lot Width/Frontage
None Specified
Front Yard Setback
None Specified
Side Yard Setback None Specified
RearYard' 12 feet
d
Building Height 2
35 feet
Impervious Surface Coverage Maximum 3
100%
NOTES:
Setback as specified unless off-street loading facilities are provided other than
from an alley in accordance with article 20 of this Appendix E.
Building height exceptions are found in section 17-4 of this Appendix E.
Impervious surface coverage requirements of the Shoreland Management District
are found in article 60 of this Appendix E.
S c 50-9 - Design standards.
A41
e.
celsior/codes/code of ordinances?nodeld=PTIICOOR APXEZO ART50CEBUDI S50-3PEUSOTSTLEWASTAL...
https;/lwww.municode.comllibrarylmn/ex
11/12
Water Street and all other areas—B-1 district. i Code of ordinances i Excelsior, MN i Municode l-ibr...
9/11/2015 Sec. 50-3. -Permitted uses other than street level of
The following design standards shall apply in a B-1 district:
(1) Except for public parking lots, no parking areas shall be located within 50 feet of
Water Street unless screened by a building.
(2) Drive-in, drive -up, or drive-through facilities shall be prohibited unless otherwise
provided for in this article.
(Ord. No. 392,11-21-2005)
APXEZO ART50CEBUDI S50 3PEUSOTSTLEWASTAL... 12112
https:l/www.mur code.comAibrary/mrVexceisior/codes/code of ordinances?nodeld=PTIICOOR
i
w/1't Z ATA
CITY OF WAYZATA
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 746
AN ORDINANCE AMENDING WAYZATA'S ZONING ORDINANCE TO ALLOW
MICRO -PRODUCTION FACILITIES AND TAPROOMS/TASTING ROOMS AS
CONDITIONAL USES
THE CITY OF WAYZATA ORDAINS:
1.1 In accordance with the Report and Recommendation of the Wayzata Planning
Commission dated July 21, 2014, the City Council of the City of Wayzata, hereby
amends Chapter 801 of the City Code as follows:
A. Section 801.02.2 (Definitions), is amended to include the following new
definitions:
Micro -production Facility: A facility in which beer, wine, or other alcoholic
beverages are brewed, fermented, or distilled for distribution and consumption.
Micro -production facilities include breweries, brewpubs, wineries, and
distilleries.
Taproom (Brewery): An area for the on -sale consumption of malt liquor produced
by the brewer for consumption on the premises of a brewery. A taproom may
also include sale for off -premises consumption of malt liquor produced at the
brewery location or adjacent taproom and owned by the brewery for off -premises
consumption, packaged subject to Minnesota Statutes 340A.301, subdivision 7(b),
or its successor.
Tasting Room (Winery/Distillery): An area for the on -sale consumption of
distilled spirits or wine produced on the premises of one winery or one distillery
and in common ownership to the producer of the wine or distilled spirits.
Growler: A specially designed sixty four (64) ounce beer container for exclusive
off -sale of micro -production facility beer. A growler shall have the following
packaging requirements:
i. Growlers shall bear a twist -type closure, cork, stopper or plug.
ii. At the time of sale, paper or plastic adhesive band, strip, or sleeve shall
be applied to the container and extended over the top of the closure,
forming a seal.
iii. The growler and/or band, strip or sleeve shall bear the name and
address of the brewer, and the container shall be identified as malt
liquor, contain the name of the malt liquor, and shall be considered
intoxicating liquor unless labeled otherwise.
Malt Liquor: Any beverage made from malt by fermentation and containing not
less than one-half of one percent alcohol by volume.
Distillery: A facility that produces Ethyl Alcohol, hydrated oxide of ethyl, spirits
of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and
mixtures thereof, for non -industrial use. A distillery may include a tasting room.
Winery: A facility operated by the owner of a Minnesota farm and producing
table, sparkling, or fortified wines from grapes, grape juice, other fruit bases, or
honey with a majority of the ingredients grown or produced in Minnesota. A
winery may include a tasting room.
Brewery: A facility that produces for sale beer, ale, malt liquor, or other
beverages made from malt by fermentation and containing not less than one-half
of one percent alcohol by volume. A brewery may include a taproom.
Brewpub: A Brewery that operates a restaurant on the same premises as the
Brewery, whose malt liquor production per calendar year may be limited by
Minnesota State Statute.
B. Section 801.20.15. (Off -Street Parking and Loading), is amended to include the
following off-street parking and loading requirements:
GG. Micro -production Facility: One (1) space for each 1,000 sq. ft, of
floor area.
HH. Taproom/Tasting Room: One (1) space for each forty (40) sq. ft. of
floor area.
II. Brewpub: One (1) space for each 1,000 sq. ft. of Micro -brewery
production floor area; one (1) space for each forty (40) sq. ft. of
floor area of dining and bar area; and one (1) space for each eighty
(80) sq. ft. of kitchen area.
C. Section 801.76.5. (C-2 Shopping Center Business District); Section 801.77.5. (C-
3 Service Commercial District); Section 801.78.5. (C-4 Central Business District);
Section 801.79.5. (C -4A Limited Central Business District); and Section
801.80.5. (C -4B Central Business District) are amended to include the following
conditional use:
h�
Micro -production facility, provided that:
1. Licensing. The owner of the micro -production facility qualifies for and
receives all federal, state and city licenses necessary for the operation
of the micro -production facility, including a brewer license and a malt
liquor wholesale license (if wholesale of malt liquor is an intended
activity); winery license; and/or a distiller's license from the State of
Minnesota, according to Minnesota Statutes Section 340A.
2. Taproom/Tastinga Room License. An accessory taproom or tasting
room for the on -sale of beer, wine, or spirits produced on-site shall
require a taproom/tasting room license from the City of Wayzata,
according to City Code Section 524.02.
3. Off -sale. On-site sale of beer in the form of growlers shall require a
Brewery License for Off -Sale of Malt Liquor, according to City Code
Section 524.02. On-site sale of wine or spirits, other than samples as
governed under Minnesota State Statutes, shall be prohibited.
4. Production of Beer. Total production of malt liquor shall not exceed
5,000 barrels annually. Micro -production Facilities with a taproom
license shall not exceed 3,500 barrels annually, and only 500 barrels
may be sold off -sale as growlers. Any micro -production facility
operating as a brewery shall annually submit production reports to the
City with the request to renew a brewery taproom or off -sale malt
liquor license.
5. Production of Wine. Total production of wine shall not exceed 50,000
gallons annually. Any micro -production facility operating as a winery
shall annually submit production reports to the City with the request to
renew a tasting room or winery license.
6. Production of Spirits. Total production of spirits shall not exceed
40,000 proof gallons annually. Any micro -production facility
operating as a distillery shall annually submit production reports to the
City with the request to renew a tasting room or distillery license.
7. Off-street Loading. The micro -production facility shall provide
adequate space for off-street loading and unloading of all trucks
greater than twenty two (22) feet in length. In the absence of off-street
loading, the City may impose limits on deliveries or shipments using
the public rights of ways, including regulating the number of trucks
per day and the hours that deliveries are permitted.
8. Outdoor Storage. No outdoor storage is permitted on the site, with the
exception that waste handling (refuse and/or recycling) may occur in
an enclosure that is fully screened from adjoining streets and
residentially zoned properties.
9. Odors. No odors from the micro -production facility shall be
perceptible beyond the property line. The micro -production facility
operator shall take appropriate measures to reduce or mitigate any
odors generated from the operation and be in compliance with any
applicable Minnesota Pollution Control Standards,
10. Waste. Waste products shall be disposed of in a timely manner and in
such a way to reduce odors.
11. Exterior Lighting. All exterior lighting shall be designed in such a
way as to have no direction source of light visible from adjacent
property, and shall comply with the requirements of Section 801.16.6
of the Wayzata Zoning Ordinance.
12. Parking. Parking supply shall be provided on-site or through off-site
arrangement, to avoid street parking on residential streets. Off-site or
reduced parking supply shall require separate approval per the
requirements of Section 801.20 of the Wayzata Zoning Ordinance, as
applicable.
shall
13. Hours of Operation. Micro-production
facility Statuesron Chapters340A
be limited to the hours specified r
for off -sale intoxicating liquor unless further limited the City Council
as part of a Conditional Use Permit.
14. Other Provisions. The provisions of Section 801.04.2.17 of the
Wayzata Zoning Ordinance, pertaining to Conditional Use Permit
criteria, are considered and satisfactorily met. A micro -production
facility shall meet all other applicable performance standards and
design requirements in the Wayzata Zoning Ordinance.
1.2 This Ordinance shall become effective upon its passage and publication.
Adopted this 16th day of September, 2014.
As- I
O"kins City Code �* -29-13
(Revised 8-29-13)
Section 535 - Zoning. busiuess districts'
535.01- Business districts_ Subdivision I. Description. The business (B) districts are in four categories
designated as B-1, B-2, B-3, and B-4. (Amended Ord. 05-951)
Subd 2. The permitted uses of any land or structure in a B district athose esh�� pertaining byhm oto
'X' and shall. be further subject to those certain special limitations, requirementsre
those B district uses specialty designated by the following marks: (1), (2), (3), (4) and (5). (Amended Ord. 07-
990)
(1) means that the use is prohibited on the ground floor,
(2) means that a conditional use permit is required;
(3) means not more than three devices allowed;
(4) means that the use is limited to 5,000 square feet per business; (Amended Ord. 05-951)
(5) means that the use is not allowed within 500 feet of a public park, public or private school,
church, daycare, nor the Hopkins Centex for the Arts. (Added Ord. 07-990)
Snbd- 3_ Capital letters following any "X" mark indicate that the use or uses permitted are subject to and
are set forth in the provisions of separate paragraphs contained in Subsection 535.03, which corresponds to the
capkd letter or letters set forth in this subsection- The permitted use upon any land or in any structure in a B
district is considered the principal use. (Amended Ord. 639) (Amended Ord 96-787) (Amended Ord. 05-951)
PERmiml) USES B-1
B-2
B-3
B-4
1.
Adult day care (Added Ord. 13-1064) (2)XE
(2)XE(2)XE(2
2_
Adult-oriented business, as
X)XE
governed and regulated by
Chapter 1165 of the City Code.
(Amended 95-762)
X
X
3_
4.
Airport
Amusement device (3)XBB
(3f)XBB
XBB
(2) XFF
5.
Appliance store (Amended Ord.06-977)
X
X
6.
Art strops - pictures
X
(1)X
7.
Auction - public or private
X
8.
9.
Auto repair
Auto accessory and parts
(1)X
X
(2)xA
10.
Auto sales and/or le ase,
X
11.
12.
Auto wash subject to permit
Armory, auditorium, exhibit hall
(2)XB
13.
14.
BakeryX
Banks, savings and loan
X)XB
(2)XV
X
X
X
15.
16.
Bar - Tavern
Beauty or barber shop X
X
X
X
X
X
17.
Bed and breakfasts (Added Ord. 08-1000)
(2)XHH)
(4
18-
Bike sales (Added Ord. 05-951)
X
19.
Boat - marine sales
X
X
(4)X
20.
Books - office supplies
X
21.
Bottling plant not in excess of 6,000 sq. lb
AS�
Section 535 —Page
1
How City Code V"fing)
PERMMED USES B -I B-2 B-3
22.
Bouflques
(2)]U
23-
Bowling - table tends, pool hail
(2)x[[ T
24
B (Addend Ord. 134064)
25.
Broadcasting (T V- - radio)
26.
Bus and other transit
27.
Business school
28.
Cabinet - electrical, heating,
upholstmy, air conditioning, provided
the operation does not camed 6,000
s4- &
29.
Camera - photographic
30_
Carpet and floor covering
(Amended Ord.06-977)
31.
Clinics
x
32.
Clothing stone
33.
Clubs (private - non profit)
34_
Coin and stamp (Amended. Ord.06-977) x
35.
Commercial ymenhouse
36.
Costume & farmal wear rental
37.
Currency Exchange (Added Ord 04-920)
38.
Cycle shop and snowmobile
39.
Hay inwacry (Amcuded Ord.06-977)
(2)XE
40.
Delicatessen
41.
Department sun
42.
Dental - Med Lub
43.
Domestic animal day cant facility
(Added Ord. 08-1002)
44.
Drive-ins (non food)
45.
Dry cleaning and laundry
46.
Dry cleaning and laundry pickup
x
47.
En oyment agency
48.
Essential public service & utility
x
49-
structures
Fabric and sewing stone
(2)X1
50.
Fiait shop
(2)RY
51.
Florist
x
51
Funuitruc store (Amended Ord06-977)
53.
Garden and Landscape
(2)XZ
(Amended Ord06A77)
54.
Gifts and novelties
(2)XI
55-
Glassware, chin, pottery
56.
Glass and mirrar '
57.
Grocery, fizut, vegetable
58.
Hardware
59.
Health chibs - studio
X
60.
Hobby - crafts - ins id
61.
Hotel - motel
535-A1, S&&L 3,22
atvviscd 9-29-13)
B-4
x
x
(2
(2)XW
(2)XE
x
x
¢)x
(2)XF
(2)XG
x
x
x
R
(2)XC
(2)XD
x
x
(2)XE
x
04,
a.
Section 535 - Page 2
M
x
x
x
(4)X
(2X4)XZ
x
x
2
Hopkins
City Code (Zoning)
535.01, Subd. 3, 61.
(Revised 11-27-14)
PERMITTED USES
B-1
B-2
B-3
B-4
62.
Interiors - decorating studio
X
X
X
63.
64.
Jewelry
Karate, health club, dance studio
(2)XL
X
(1)X
X
X
X
65.
Leather goods - luggage
X
X
66.
Library - public or private
X
X
67.
Liquors (Added Ord. 11-1033)
(Amended Ord. 14-1070)
(4)*X
(4)*X
(4)X
68.
Locker plan - 6,000 sq. ft. maximum
X
69.
Locksmith and fixit shop
(2)XY
(2)XY
X
70.
Lumber and related items
X
71.
Meats
X
X
72,
Mortuary
X
X
73.
Motors repairing
X
74.
Music store
X
X
X
75.
Newsstand
X
76.
Offices
(2)XN
X
X
X
77.
Open sales lot
(2)XO
(2)X0
(2)XO
78.
Optical -jewelry mfg.(Amend.Ord.06-977)
(1)X
X
X
79.
Orthopedic - medical supplies
X
(sales and manufacturing)
80.
Paint and wallpaper(Amended Ord.06-977)
X
X
X
81.
Parking ramps and lots
X
X
82.
Pawn shop - antiques - used materials
X
X
83.
Pet Grooming (Added Ord. 07-985)
X
84.
Pet Store
(2)X
85.
Pharmacy - drug store
X
X
86.
Photography - studio
X
X
X
87.
Picture framing - art shop
X
X
X
88.
Pipe - tobacco shop (Amended Ord. 07-990)
(5)X
89.
Post office
X
90.
Print shop
(2)XP
X
X
91.
Public auction (see auction)
X
92.
Records, TV, radio, sound, phono
X
X
(4)X
(Amended Ord.06-977)
93.
Religious institutions, etc.
X
(2)XCC
(2)XCC
94.
Rental service
(2)XQ
95.
Research labs
(2)XT
96.
Residential
2)XH
(2)XH
(2)XH
(2)GG
97.
Restaurant - traditional
X
X
X
X
98.
Restaurant - carry -out and delivery
X
99.
Restaurant - drive-in
(2)XR
100.
Restaurant - fast food
(2)XS
101.
Roller rink - ice arena
X
102.
Self-service station
(2)XDD
103.
Service station
(2)XM
104.
Shoes - boots store
X
X
Section 535 - Page 3 A 3
Hopkins City Code (Zoning)
535.01, Subd. 3, 106.
(Revised 11-27-14)
PERMITTED USES B-1
B-2
B-3
B-4
105.
Sporting goods (Amended Ord. 06-977)
X
X
(4)X
106.
Stationery - card shop X
X
(2)XJ
X
107.
Stone monument sales
X
108.
Tailoring
X
X
X
109.
Taxidermist
X
110.
Taxi terminal
X
111.
Theater - non -drive-in
X
X
112.
Tires - battery, accessory & recap
X
113.
Trade school
(1)X
X
114.
Transient merchants (Added Ord. 05-947)
X
115.
Truck - trailer sales
(2)XAA
116.
Variety stores
X
X
117.
Veterinary clinic
X
X
X
118.
Video - sales, rental
X
X
X
119.
Warehouse - 16,000 sq. ft. maximum, not
abutting Mainstreet (Amended Ord. 2000-841)
X
Provided that any liquor store existing at the time of the adoption
of this Ordinance may relocate within the B-2
and
B-3 zoning districts provided it remains the same gross square footage
or less. (Amended Ord. 14-1070)
Section 535 — Page 4 As !�_
Hopkins City Code (Zoning)
AREA AND YARD LIMITATIONS
535.02
(Revised 8-29-13)
Uses permitted in any B district category subject to the following minimum floor and lot area, lot widths,
yard requirements, and building heights, in feet: (Amended Ord. 05-951)
Lot area - sq. ft.
Lot width - ft.
Floor area requirement - F.A.R.
Front yard
Front yard - P.U.D.
Side yard
Rear yard
Requirements for lots fronting state
and county roads, as follows:
Front yard
Side yard
Building height
Front yard of B lots abutting
R district
Side yard abutting R district
Rear yard abutting R district
Rear yard from alley
Building height
B-1
B-2
B-3
B-4
5,000
-
3,000
-
50
20
25
1.0
6
1.5
20
1
1
1
20
10
0
0
10
10
10
15
10
20
1
10
10
25
45
1/2 of the required R district
same as R district
same as R district
20 10 15
25 70 45 60
535.03. Conditional use requirements. Subdivision 1. The requirement of a conditional use permit in connection
with any use in any B district is indicated in Subsection 535.01 by appropriate capital letter (A, B, C, etc.), which
letters refer to the appropriate paragraph in this subsection bearing the same capital letter.
Subd. 2. Conditional uses within B districts
A) New auto sales including sales lot and major auto repair provided:
1. the sales lot shall not be larger in square footage than the square footage of the
building devoted to the related business;
2. a 20 -foot front yard setback in which there shall be no auto parking. Within this
20 -foot setback there shall be a permanent barrier of landscaping; (Amended Ord. 90-672)
(Amended Ord. 94-747)
3. lighting of the sales lot shall be totally from indirect lighting;
4. should the lot abut an R district an acceptable design of screening fence five feet
in height shall be constructed along the abutting lot line;
5. the auto sales lot shall not include vehicles over a 9,000 lb. rated weight;
6. no vehicles which are unlicensed and/or inoperative shall be stored on the
premises; (Added Ord. 96-787)
7. all repair, assembly, disassembly or maintenance of vehicles shall occur within
a closed building except minor maintenance, including tire inflation, adding oil and wiper
replacement; (Added Ord. 96-787)
Section 535 — Page 5 S
Hopkins City Code (Zoning)
535.03, Subd. 2, A) 8.
(Revised 10-29-08)
8. no outside storage or display, except vehicles for sale or rent; (Added Ord. 96-
787)
9. no public address system; (Added Ord. 96-787)
10. no test driving of vehicles on local residential streets; (Added Ord. 9.6-787)
11. used car lots shall be permitted only when an integral part of a new car
dealership. (Added Ord. 05-941)
B) Armory, auditorium or exhibit hall in the B-2 business zone provided:
1. it is an accessory use to an existing permitted business;
2. one off-street loading dock is provided and in the B-3 business zone;
3. the facility has frontage on a major thoroughfare as shown on the adopted
thoroughfare plan;
4. has one parking space for each five seats of rated capacity;
5. has an off-street loading dock for the fust 5,000 sq. ft. and another for each
additional 10,000 sq. ft. up to three docks;
6. has an off-street traffic design for dropping off and picking up pedestrians
outside of the required yards and public right-of-way;
7. all frontage on a public street shall be considered as front yard.
C) Clubs (private non-profit) provided:
1. when located in a B-1 business district said building shall be 20 feet or more from all R
residential districts, shall have a screening fence of acceptable design between parking and R residential
districts, building shall not exceed 5,000 sq. ft.;
2. when located in a B-3 business district said property shall have a 15 foot minimum front yard
and if abutting a side street a 10 foot minimum yard and all yards shall be landscaped.
3. when located in a B-2 district, clubs are permitted on the fust floor at a site located at least 150
feet from Mainstreet. (Added Ord. 03-896)
D) Commercial greenhouses provided:
1. provisions are made to store all goods and equipment inside a building except for trash, which
shall be stored in containers screened from the public view.
E) Day care facility provided:
1. said operation shall be licensed. (Amended Ord. No. 93-722)
F) Drive-ins (non food) provided:
1. the site is designed and constructed to handle parking and traffic flow according to a plan
submitted to and approved by the city,
2. the site drainage is designed and constructed according to a plan submitted to and approved by
the city;
3. that screening be provided along the property lines to control headlight beams when abutting
an R residential district;
4. that the front yard and side street yard shall be landscaped and not less than ten feet in depth;
Section 535 —Page 6 U-1
Hopkins City Code (Zoning)
535.03, Subd. 2, F) S.
(Revised 10-29-08)
5. the lighting shall be accomplished in such a way as to have no direct source of light visible
from the public right-of-way or adjacent land in an R residential district;
6. that as onsite vehicular storage lane of sufficient capacity to accommodate 15 minutes of
service be provided for each service station;
7. when the site is located in the B-2 business district it shall abut either FitsfStreet South or
First Street North.
G) Dry cleaning and laundry provided:
1. the site shall have a loading and unloading facility to accommodate a minimum of three
vehicles which shall not be parking spaces;
2. an on site parking space in addition to the above for each vehicle to be used as a part of the
business;
3. an approval from the city engineer relative to sanitary sewer and water supply
H) Dwelling units not occupying first floor provided:
1. one off-street parking space for each unit;
2. all dwellings must have an entrance leading directly to a public street;
3. the density allowed shall be R-3.
1) Fabric and sewing store provided:
1. the square footage of the store does not exceed 3,000.
n Gifts and novelties and boutiques and stationary provided:
1. all merchandise is contained within a building and said business shall not exceed 3,000 sq. R
K) Hotel/motel provided:
1. the site shall contain not less than 600 sq. ft. of lot area per rental unit;
2. should the hotel -motel contain service business, said business shall only have access from the
lobby area;
3. when located in the B-3 business district, the site shall have frontage on a major thoroughfare.
L) Karate, health club or dance studio provided:
1. the building shall not exceed 3,000 sq. ft.;
2. the hours of operation shall fall between 7 a m. and 10 pm.;
3. that screening be provided along the property line to control headlight beams when abutting an
R residential district.
M) Service station provided:
1. the site shall be constructed for drainage according to a plan submitted and approved by
the city engineer and fire marshal;
Section 535 — Page 7 F(
535.03, Subd. 2, M) 2.
Hopkins City Code (Zoning) (Revised 10-29-08)
2. the entire site not covered with building or landscaping shall be hard surfaced;
3. the lighting shall be accomplished in such a way as to have no direct source visible from the
public right-of-way or adjacent land in the R district;
4. no driveway access is less than 40 feet from a street intersection;
5. any other business operated on the site shall conform to this code;
6. the site shall be constructed for parking and traffic according to a plan submitted and
approved;and the island in each
7. stacking for gas pumps shall be provided for at least one car bey e p um P
direction in which access can be gained to the pump. The required stacking shall not interfere with
internal circulation patterns or with designated parking areas and shall not be permitted on any public
right-of-way, private access easement or within the required parking setback; (Amended Ord. 96-787)
8. the front yard shall be landscaped and tea feet in depth, if station is non -conforming a curb
shall be constructed to separate the drive from public walk;
9. no vehicles which are unlicensed and inoperable shall be stored on premises except in
appropriately designed and screened storage areas; (Amended Ord. 96-787)
10. all repair, assembly, disassembly and maintenance of vehicles shall occur within closed
buildings except minor maintenance, including tire inflation, addition of oil and wiper replacement.
(Amended Ord. 96-787)
N) Offices provided:
1, that not more than 30 percent of the floor space is devoted to storage, repair, fabricating or
assembly of goods.
O) Open sales lot provided:
1, the lot is graded and surfaced according to a plan submitted and approved by the city engineer;
2. the assembly, repair or manufacturing of goods shall be. prohibited;
3. all lot lines abutting a R district shall have a six foot fence of acceptable design erected along
the line except abutting a required front yard;
4. there is located on the site a building devoted to and used in conjunction with the open lot,
wing a gross square footage as large or larger with the open sales lot;
5. that the storage onnsuch lot
be travel between organized
that ah acestoraisles
andsto gte shall nonot less than 15 in width t exceed
ssuch condition to accommodate
a depth of 50 feet;
6. the height of such storage shall not exceed ten feet;
7. the lighting shall be accomplished in such a way as to have no direct source of light visible
from the public right-of-way or adjacent land in the R district;
8. any portion of the lot which is to be used for open storage shall be screened from public view
by an acceptably designed fence;
9. if the lot is located in the B-2 or B-3 business district, a ten foot landscaped front yard and side
street yard shall be provided.
p) Print shop provided:
1. the shop's business is primarily from the general walk-in public.
Section 535 — Page 8 OKI
Hopkins City Code (Zoning)
Q) Rental service provided:
535.03, Subd. 2, Q)
(Revised 10-29-08)
1. the lot is graded and surfaced according to a plan submitted and approved by city engineer;
2. the lighting shall be accomplished in such a way as to have no direct source visible from the
public right-of-way or adjacent land in the R district;
3. the front yard shall be landscaped and not less than ten feet in depth;
4. the exterior storage area shall be according to a plan submitted and approved;
5. the site shall provide off-street loading facilities to accommodate customers.
R) Restaurant/drive-in provided:
1. conformance to all conditions stated in subsection f) of this section except 4 and 7;
2. that provisions be made to pick up the adjacent neighborhood daily relative to material
initiated at the site;
3. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet
and side yard not less than ten feet.
S) Restaurant/fast food provided:
1. conformance to all conditions stated in subsection f) of this section except 4, 6 and 7;
2. that the front yard and side yard shall be landscaped with the front yard not less than 20 feet
and side yard not less than ten feet;
3. that provisions be made to pick up the adjacent neighborhood daily relative to material
initiated on the site;
96-787) 4. drive-through address systems shall not be audible from any residential parcel. (Added Ord.
T) Research laboratory provided:
1. the business shall be contained within a building.
U) Commercial recreation such as bowling alleys, pool and billiard halls, miniature golf, archery range,
gun clubs, provided they are operated within a building.
V) Banks and savings and loan institutions, provided the land to be used for such purpose abuts or is
separated only by a public right-of-way from the B-2 business district.
W) Cycle shops and snowmobiles provided the business is conducted within a building, provided the site
has on site loading facilities and provided not more than 30% of the building is used for repair and maintenance.
Y) Fix -it shop providing all work and storage is conducted within a building.
Z) Garden and landscaping when all or a portion is outside in the B-1 or B-3 district provided:
1. a fence not less than 30" shall separate the required 15 -foot front yard from the sales and
service area;
2. off street loading shall be provided;
3. a trash disposal plan shall be provided;
4. mechanical equipment stored on the site shall be screened from right-of-way; within the B-2
district all of the operation shall be within a building.
Section 535 — Page 9
Hopkins City Code (Zoning) 535.03, Subd. 2, AA)
(Revised 10-29-08)
AA) Truck and trailer sales lots provided:
1. the sales lot shall not be larger in square footage than two times the square footage of the
building devoted to the truck and trailer sales business;
2. the sales lot shall have a 20 -foot front yard, which shall be landscaped according to an
approved plan and be continuously maintained;
3. the sales lot shall be constructed according to a drainage plan approved by the city;
4. the sales lot shall be surfaced to control dust;
5. lighting shall be accomplished according to a plan approved by the city;
6. should the location abut a residentially zoned lot, a fence not less than six feet in height shall
be constructed and a 25 foot landscaped buffer shall be constructed according to a plan approved by the
City;
7. signs and parking in conformance with this code and the City Code.
BB) The operation of amusement devices may be allowed pursuant to proper city permit or license
therefore in B districts, except that not more than three pinball machines or related amusement devices
shall be permitted or operated in any location in any B-1 and B-2 use districts.
CC) Religious institutions provided:
1. That there shall be no permanent or temporary living units on the property except for the
parsonage;
2. That there is adequate screening or buffering provided from abutting residential districts;
3. That there is adequate off-street loading and service entrances as detailed in section 550.09;
4. That there shall be no religious institution within 350 feet of an off sale or on sale liquor
Establishment;
5. That there shall be no religious institutions within 350 feet of an adult oriented business;
6. That the building occupying the religious institution shall meet the building occupancy codes;
7. That a religious institution located in the B-3 district shall comply with the parking
requirements of Section 550.05. (Added Ordinance 93-725)
DD) Self-service station provided:
1. conformance to all conditions stated in Subsection M of this section except 9 and 10. (Added
Ord. 96-787)
EE) Currency exchange provided:
1. The use shall be located at least one thousand (1,000) feet from all existing currency exchanges,
secondhand goods stores, pawnshops and missions;
2. The use shall be located at least two hundred (200) feet from a residential or institutional
district;
3. The use shall be located at least three hundred fifty (350) feet from an off -sale liquor
establishment,
4. Back -lighted signs, back -lighted awnings, portable signs, temporary signs and freestanding signs
shall be prohibited;
Section 535 —Page 10 A 4 �
Hopkins City Code (Zoning)
535.03, Subd. 2, EE) 5.
(Revised 8-29-13)
5. The window and door area of any existing first floor fapde that faces a public street or sidewalk
shall not be reduced, nor shall changes be made to such windows or doors that block views into the
building at eye level;
6. For new construction, at least thirty (30) percent of the first floor facade that faces a public street
or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the
building at eye levet;
7. The use of bars, chains or similar security devices that are visible from a public street or
sidewalks shall be prohibited. (Added Ord. 04-920)
FF) Appliance store provided:
1. That the square footage is limited to 5000 square feet;
2. That the retail area is at least 40 percent. (Added Ord. 05-951)
GG) Residential provided:
1. That residential dwelling units abutting a right-of-way of 50 feet or more in width can not
occupy the first floor; (Added Ord. 06-977)
2. That there is at least one underground parking space per unit;
3. That all dwellings must have an entrance leading directly out of the building;
4. That the density allowed shall be R-5. (Added Ord. 05-951)
HH) Bed and breakfasts provided:
1. Owner or manager shall be required to occupy the property;
2. Off-street parking at a ratio of one space per guestroom phos two spaces for the residence,
3. Only breakfast shall be served, and service shall be restricted to guests only, not the general
public,
4. Food and/or alcoholic beverages may be furnished by and to special event guests provided all
necessary local, state, and/or federal permits, licenses or authorizations have been obtained and the
facility contains a licensed commercial kitchen. (Added Ord. 08-1000)
H) Domestic animal day care facility provided:
1. The hours of operation shall be limited daily from 6 am. to 9 p.m.;
2. The animals may be groomed, trained, exercised and socialized, but not kept or boarded
overnight, bred, sold or let for hire;
3. There must be sight -obscuring fencing for all on-site, outdoor recreation areas. The fence
shall provide full containment for the animals. The fence structure shall be deep enough and secured
to the ground to prevent escape and high enough to prevent the animals from jumping or climbing
over;
4. The facility must control odor, dust, noise, waste, drainage and security so as not to constitute
a nuisance, safety hazard or health problem to adjoining property or uses. The operator must
provide a plan of operation demonstrating these provisions can be met;
5. The outdoor recreation area shall not abut a residential zoning district. (Added Ord. 08-1002)
JI)
I. That the property and building abuts Mainstreet. (Added Ord. 13-1064)
Section 535 — Page 11 .442,
S35.05
Hopkins City Code (Zoning) (Revised 10-29-08)
535.05. B districts' permitted accessory uses
a) Signs
b) Fences
c) Buildings temporarily located for purpose of construction
d) Decorative landscaping
e) Trash containers provided they are screened and do not occupy a required pang spaCe, front
yard or loading area.
f) Loading docks which do not face the public street in front and as regulated in this ordinance
g)
Bicycle iacks
h)
Flag poles
i)
. Walkways
j)
Parking
k) Private swimming pools, tennis courts and related uses.
1) Repairs, manufacturing and assembly as a secondary use when necessary in the conduct of a
primary allowed use
m) Marquees and awnings on private or public property subject to the City Code
n) Other uses customarily associated with but subordinate to a permitted use, as allowed by the
City (Amended Ord. 639)
o) Off-street parking and loading
P) Cigarettes, cigars, tobacco and all related products for the use of tobacco must be 25 percent
or less in square footage of the sales area (Added Ord. 07-990)
A-7
Section 535 —Page 12
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p
TO: MAYOR AND COUNCIL
From: Bill Neuendorf
Economic Development Manager
Date: September 16, 2015
Agenda item #k V11- C.
Action
Diswssion ❑
information ❑
Subject: Ordinance 2015-20 Amending Chapter 4 Concerning Alcohol Bev�
(first Reading Requires o of Ordinance oto)
Acdon Requested:
Grant First Reading of Ord --tante 2015-20.
Information i Background: since Asea for on-site consumption of
Edina s liquor ordinance has been modified on sural occasions the current code
alcoholic beverages began to be issued lo the 1980s After three decades of modifications.
to businesses and diifl'ia tt for staff to interpret. apply and enforce' Some of
requirements can be confining cent
the detailed regulations position resmurants in Edina at a disadvantage compared to restaurants in add
municipalities that are subject to deferent regutataons.
Innary 2015, the City solicited input from residents and concerns desired changes to the
regulation of alcoholic beverages. The public comments (summary attar were presented at the February
17, 2015 City Council meeting. In brief, the 102 participants favored elimination of the 60(40 food -to-
beverage ratio, supported
new tap rooms and strongly preferred its that serve liquor instead of
bars that serve liquor without food service.
Representatives of several businesses were also consulted during the Preparation of this proposed
ordinance. Input was provided by representatives of the 50th & France Business Association. Edina Chamber
of Commerce and Minnesota Restaurant Association.
Based on the input collected from residents and the business conmwhiq, staff from each City Department
has worked with the City Attorney to rewrite the liquor code to better reflect the interests of the
community.The proposed ordinance eliminates Chapter' 4 in its entirety and replaces it with new with minimal red tape of the
that more cfectivefy regulates the sate � alcoholic beverages
ordinance rewrite include:
I) streamlined language for the sake of clarity and enforceabi
the of Edina patrons; and
2} allow new establishments that are responsive to P�
lo the Edina marketplace subject to an efficient
3) allow established and new b m pry'
regulatory Proms
A summary of anticipated amendments Is attached to more easily Went* in regulations'
Cit}, of Edith - 4WI W. W* St • Edna. MN
AIK
The proposed ordinance is presented for the First Reading only. The Second Reading is anticipated after the
Plan Commission provides a recommendation for new zoning regulations for tap rooms and distilleries. Staff
recommends that the City Council accept the First Reading of Ordinance 2015-20.
Attachments:
Speak Up Edina summary, February 2015
Summary of Anticipated Amendments, August 20, 2015
Proposed Ordinance No. 2015-20
Speak
Up, Edina!
Liquor Ordinance Revisions
9 -
The CITY of
=, sy EDINA
Liquor Law Discussion
• Open Dec. 31 to Feb.2
• 102 total comments made
• 1,692 visitors, 2,164 visits
• 6,913 page views
• 41% visited more than once
Most respondents from Edina
www.EdinaMN.vV
4 A.
o`= The CITY of
r�.iN �Y EDINA
2
Comment Summary
ow e2 The CITY of
EDINA
Of 56 responses to eliminating the ratio, two were not in favor of
changing or eliminating the law as it stands
- However, don't want to see Edina become the Warehouse District
- City not as competitive as many neighbors for businesses
- Old, antiquated law
Bars/Taprooms
- Majority are comfortable with bars and/or taprooms
- May need to limit licenses available.
- Don't see need for bars in Edina without food.
-Tap rooms attractive to young people and drive businesses toEdina.
3
www.EdinaMN.gov
Comment Summary (cont.)
• Concerns
0 a , The CITY of
1 \1 1
�. ED1
4�binrfRA'�
t
- Few have major concerns over a change in ordinance.
City/PD p
PD should Ian for staffing and funding for prevention and
enforcement, possibly funded through license fees, taxes and fines.
enf p Y
Intoxicated drivers on City streets, endangering others. Consider
a unintended consequences.
- Concern Edina lags behind neighboring cities.
www.EdinaMN.gov
Antici ated Amendments to Edina Liquor Ordinance
The City of Edina intends to revise its liquor ordinance in 2015. The following is a summary of
potential revisions based on preliminary stakeholder input from residents, businesses, and staff
members. The purpose of the rewrite is to address concerns from Edina businesses and residents
they relate key components n es the quality of life nEdina n a safe andrespons
well
cal and
eble manner.
enforceable ordinance
inance
The goals of the ordinance rewrite include:
1) Streamline ordinance language for the sake of clarity and enforceability
2) Allow new establishments that are responsive to preferences of Edina patrons
3) Allow established and new businesses to prosper in the Edina marketplace subject
to an efficient regulatory process
1. Streamline ordinance language
• Retain off -sale licenses to municipal liquor stores (Sec 4.2)
• Replace the much amended ordinance with a new and up-to-date ordinance template as
recommended by the City Attorney.
• Reflect current State law and eliminate conflicting and confusing local provisions.
• Use terms that are defined in State law and industry -standards instead of definitions
with a purely local definition.
• Clarify language regarding consumption of alcohol in outdoor public places such as
sidewalk cafes, street festivals, public parks and golf courses.
• Delete specific criteria related to gaming establishments (eg Pinstripes and Dave &
Busters in Sec. 4-34(f) and 4-34(g)) and replace with general provisions applicable to all
establishments.
Clarify the definition of "Restaurant" in accordance with State law and Edina health
code. Retain the issuance of on -sale liquor license to places that hold restaurant license,
either high-risk, medium -risk or low-risk, as defined elsewhere.
Clarify the meaning of "compact and contiguous premises" in Sec. 4-72 for outdoor
areas where alcohol consumption is allowed.
20, 2015 Al
2. Allow new establishments that are responsive to preferences of
Edina patrons
• Retain preference for commercial establishments with a dining component as well as
liquor service.
• Add brewpub license in accordance with Minn. Stat. § 340A.301, Subdivision 6 for
restaurants in commercial zoning districts.
• Add taproom license in accordance with Minn. Stat. § 340A.301, Subdivision 6 for
breweries in the industrial zoning district.
• Add cocktail room license in accordance with Minn. Stat. § 340A.301, Subdivision 6c for
distilleries in the industrial zoning district.
• Retain other license types as currently found in Sec. 4-26.
3. Efficient and effective regulatory practices
• Eliminate Sec. 4-77(3) which mandates a 60/40 ratio for food -to -liquor gross sales
ratios. This change is consistent with other metro cities including Minneapolis who
repealed similar provisions in September -November 2014.
• Delete regulations that limit liquor licenses to specific zoning districts (Secs 4-34(d) and
4-34(e)) and amend the Zoning Code to provide for new facilities with alcoholic
beverage service.
o Zoning Code amendments include details regarding parking requirements, hours
of operation and permitted/conditional uses for breweries and distilleries with
on -sale drinking facilities.
• Retain the current license application process (Sec 4-27, 4-28 & 4-33), fee schedule (Sec
4-29, 4-30, 4-31 & 4-32) and violation penalties (Sec. 4-102 through 4-109). Make
necessary changes to coincide with other changes made to the ordinance, such as fees
for new types of licenses.
• Add language allowing for City enterprise facilities to apply for temporary licenses (or
dispensaries) for special events.
• Retain requirement (Sec. 4-77(I)(b)) that limits the seating capacity located at a bar or
service counter as it has been effective in encouraging restaurants instead of bars. The
current 15% limitation should be reconsidered to keep in line with current industry
standards.
August 20, 2015 Page 2
• Retain alcohol awareness training (Sec 4-77(2)) provision. Staff believes that the 75%
requirement for employee training is an effective and realistic provision.
• Replace Sec. 4-77(4) that establishes maximum percentages of alcohol by volume for
beer and wine with reference to Minn. Stat. § 340A.301, Subd. 29 that has similar
provisions
• Simplify happy hour provisions in Sec. 4-77(7) in accordance with best practice
ordinances. Eliminate current language that prohibits "prizes, coupons, punch cards,
games or barters" for alcohol as well as language that prohibits two-for-one sales.
• Clarify process for license renewal (Sec. 4-79) in regard to any midterm change of
officer. Identify flat fee for this mid-term renewal instead of current practice to escrow
funds.
ANTICIPATED SCHEDULE AND STEPS
I ) Collect idea from community — Spring 2015 COMPLETE
2) Summarize anticipated changes — August 2015 COMPLETE
3) Prepare first draft of new Ordinance - late August 2015 IN PROGRESS
4) Review of draft by impacted stakeholders - early September 2015
5) Amend draft, if needed and present to City Council — September 2015
6) Present companion zoning changes to Plan Commission — September 2015
7) Conduct public hearings and consider adoption of new ordinance — October 2015
8) New ordinance takes effect— January 2016
Page 3
August 20, 2015 A�/
ORDINANCE NO. 2015-20
AN ORDINANCE AMENDING CHAPTER 4
OF THE EDINA CITY CODE CONCERNING ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF EDINA ORDAINS:
Section 1. Chapter 4 of the Edina City Code is amended to read as follows:
Sec. 4-1. State Law Provisions Adopted.
The provisions of Minnesota Statutes Chapter 340A are adopted and made a part of this
chapter as if fully set out herein, except as hereinafter modified.
Sec. 4-2. Definitions.
For the purposes of this chapter, the following terms shall have the meanings given them
herein:
Restaurant. A business licensed by the city under the control of a single proprietor or manager
having a full service kitchen when, in consideration of payment, meals are regularly served at
tables to the general public and which employs an adequate staff to provide the usual and suitable
service to its guests. Such establishment shall have facilities for seating not less than thirty (30)
guests at one time. The kitchen shall be open at all times the facility is open to the public, except
that the kitchen may close no earlier than I -hour prior to closing.
Sec. 4-3. License Required.
A. Except as provided in Minnesota Statutes Chapter 340A, no person may directly or
indirectly, on any pretense or by any device, sell, barter, keep for sale, charge for possession, or
otherwise dispose of alcoholic beverages as part of a commercial transaction without having
obtained the required license or permit
B. Holders of an on -sale intoxicating liquor license are exempt from the requirement
that an on -sale 3.2 percent malt liquor license be obtained.
Sec. 4-4. Types of Licenses.
A."On-Sale Liquor License." On -sale liquor licenses shall be issued only to those
establishments allowed under Minnesota Statutes Section 340A.404, Subd. 1. On -sale liquor
licenses shall permit the sale of intoxicating liquor for consumption on the premises only.
Pager
First Rending September 16, 2015 c -7it
B. "Special Club Licenses." Special on -sale licenses shall be issued only to clubs in
accordance with the provisions of Minnesota Statutes Section 340A.404, Subdivision I.
C. "On -Sale Sunday Liquor Sale License." On -sale Sunday liquor sale licenses may be
issued to establishments holding an on -sale liquor license hereunder.
D. "On -Sale Wine License." On -sale wine licenses may be issued for the sale of wine
for consumption on the licensed premises only. An on -sale wine license may be issued only to a
restaurant. The holder of an on -sale wine license who is also licensed to sell 3.2 percent malt
liquors at on -sale is authorized to sell intoxicating malt liquors at on -sale without an additional
license.
E. "On -Sale 3.2 Percent Malt Liquor License." On -sale 3.2 percent malt liquor
licenses shall be granted only to bona fide clubs, beer stores, restaurants and hotels where food is
prepared and served for consumption on the premises. On -sale 3.2 percent liquor licenses shall
permit the sale of beer for consumption on the premises only.
F. "Off -Sale 3.2 Percent Malt Liquor License." Off -sale 3.2 percent malt liquor
licenses shall permit the sale of beer at retail, in the original package, for consumption off the
premises only.
G. "Cocktail Room License." Cocktail room licenses shall be issued only in
accordance with Minnesota Statutes Section 340A.22, Subdivision 2.
H. "Brew Pub License." Brew pub licenses shall be issued only in accordance with
Minnesota Statutes Section 340A.24.
I. "Brewer Taproom License." Brewer taproom licenses shall be issued only in
accordance with Minnesota Statutes Section 340A.26.
J. "Temporary On -Sale 3.2 Percent Malt Liquor License." The city council may issue
a temporary on -sale license for the sale of 3.2 percent malt liquor to a club, charitable religious or
nonprofit organization. The temporary license shall be subject to such terms and conditions as
the council shall subscribe. Except where specifically excluded, applicants for temporary licenses
shall be subject to the provisions of this chapter.
K. "Temporary On -Sale Liquor Licenses." The city council may issue to: (1) a club or
charitable religious or other nonprofit organization in existence for at least three years, (2) a
political committee registered under Minnesota Statutes Section I OA. 14 or (3) a state university,
a temporary license for the on -sale of intoxicating liquor in connection with a social event within
the municipality sponsored by the licensee. a temporary license for the on -sale of intoxicating
liquor in connection with a social event within the city sponsored by the licensee. The license may
authorize the on -sale of intoxicating liquor for not more than four consecutive days, and may
authorize on -sales on premises other than premises the licensee owns or permanently occupies.
The license may provide that the licensee may contract for intoxicating liquor catering services
with the holder of a full year on -sale liquor license issued by the city. The licenses are subject to
First Reading September 16, 20IS Page 2
the terms, including license fee, imposed by the city. The licenses issued under this section are
subject to all laws and ordinances governing the sale of intoxicating liquor except Minnesota
Statutes Sections 340A.409 and 340A.504, Subdivision 3, Paragraph (d), and the laws and
ordinances which by their nature are not applicable. Temporary licenses must first be approved
by the Minnesota Commissioner of Public Safety before they become valid. No more than three
4 -day, four 3 -day, or six 2 -day temporary licenses, in any combination not to exceed twelve days
per year, may be issued for the sale of alcoholic beverages to any one organization or registered
political committee, or for any one location, within a twelve month period. Not more than one
temporary license may be issued to any one organization or registered political committee, or for
any one location, within any thirty day period.
Sec. 4-5. License Application.
Sec. 4-5-I. Contents of Initial Application.
In addition to the information which may be required by the forms of the Minnesota
Commissioner of Public Safety, the applicant shall complete the application forms furnished by the
city.
Sec. 4-5-2. Renewal Applications.
A. License Period, Expiration. Each renewal license shall be issued for a maximum
period of one (1) year. All licenses expire on April I of each year.
B. Time of Making Application. Applications for the renewal of an existing license
shall be made at least sixty (60) days prior to the date of the expiration of the license, and shall
state that everything in the prior applications remains true and correct except as otherwise
indicated.
Sec. 4-5-3. Execution of Application.
If the application is by a natural person, it shall be signed and sworn to by such person; if
by a corporation, by an officer thereof; if by a partnership, by one of the partners; if by an
unincorporated association, by the operating officer or managing officer thereof. If the applicant is
a partnership, the application, license and bond or insurance policy shall be made and issued in the
name of all partners. It shall be unlawful to make any false statement in an application.
Applications shall be filed with the city clerk.
Sec. 4-6. Granting Licenses.
Sec. 4-6-1. Investigation.
At the time of making an initial application, renewal application, or request for a new
operating officer, the applicant shall, in writing, authorize the Edina Police Department to
investigate all facts set out in the application and do a personal background and felony criminal
record check. on the applicant. The applicant shall further authorize the Police Department to
Page 3
First Reading September 16, 2015 A
release information received from such investigation to the city council. Should the city council
deny the applicant's request for a license due, partially or solely, to the applicant's prior
conviction of a crime, the city council shall notify the applicant in writing of the following
information:
A. The grounds and reasons for the denial;
B. The applicable complaint and grievance procedure as set forth in Minnesota
Statutes Section 364.06;
C. The earliest date the applicant may reapply for a license; and
D. That all competent evidence of rehabilitation will be considered upon
reapplication.
Sec. 4-6-2. Hearing Requirements.
A. Notice of Hearing. Upon receipt of the written report and recommendation by
the police department, and within twenty (20) days thereafter, the clerk shall cause to be
published in the official newspaper ten (10) days in advance, a notice of hearing to be held by the
council, setting forth the date, time and place when the hearing will be held, the name of the
applicant, the premises where the business is to be conducted, the nature of the business and
such other information as the council may direct.
B. Conduct of Hearing. At the hearing, opportunity shall be given to any person to
be heard for or against the granting of the license.
C. Hearing on Renewal Applications. Hearings are not required on renewal
applications.
D. Hearing Cost. The cost of all hearings shall be borne by the applicant.
E. Exempt From Hearings. The provisions of this section shall not apply to
applications for: on -sale wine licenses, on- sale and off -sale 3.2 percent malt liquor licenses, or
temporary licenses.
Sec. 4-6-3. Granting License.
After an investigation and hearing, if required, the council shall grant with or without
conditions or deny the application.
Sec. 4-6-4. Issuance.
A. Issuance. Each license shall be issued to the applicant only. No license may be
transferred to another person or to another place without the approval of the council and
without a new application having been filed.
Page 4
First Reading September 16, 2015 AIDb
B. Exact Location and Size. Except in the case of a golf course, licenses shall only be
issued to a space that is compact and contiguous. Each license shall be issued .only for the exact
rooms and square footage described in the application.
C. Changes to Building. Proposed enlargement, substantial alteration which, in the
city's opinion, changes the character of the establishment or extension of premises previously
licensed shall be reported to the cleric at or before the time application is made for a building
permit for any such change. The enlargement, substantial alteration or extension shall not be
allowed for the sale or consumption of alcoholic beverages unless the council approves an
amendment to the liquor license.
Sec. 4-6-5. Report to State.
The clerk shall, within ten (10) days after the issuance of any license under this chapter,
submit to the Minnesota Commissioner of Public Safety the full name and address of each person
granted a license, the true name, the effective license date, and the date of expiration of the
license. He/she shall also submit to the Commissioner of Public Safety any change of address,
transfer, cancellation or revocation of any license by the council during the license period. '
Sec. 4-7. License Fees.
Sec. 4-7-I. Fees Established.
A. Application Fees. The annual license application fee shall be the amount set forth
in Section 2-724. When a new wine license or on -sale intoxicating liquor license is issued for a
portion of a year, the annual license application fee shall be prorated at the rate of one -twelfth
(1/12) of the license fee per month or portion of a month remaining in the license year at the
time of application.
B. Investigation Fees. Investigation fees shall be as follows:
I. At the time of each original application for a license, the applicant shall pay the ,
applicable investigation fees. For investigations conducted outside of the state, the
city may recover the actual investigation costs if the costs exceed the applicable
fees. Any fees due in excess of the in state investigation fee must be paid prior to
the license hearing and before the city council considers the application.
2. At the time an additional investigation is required because of a change in the
ownership of any license or control of a corporate license, or because of a
transfer from place to place, the licensee shall pay an additional investigation fee
equal to a fee for a new license.
3. At any time that an additional investigation is required because of an enlargement,
substantial alteration which, in the city's opinion, changes the character of the
First Reading September 16, 201 S Alb I Page S
establishment, or extension of premises previously licensed, the licensee shall pay
an additional investigation fee equal to a fee for a new license.
Sec. 4-7-2. Payment of Fees.
efore the
plication for te
se
The license fee for anew license for thehall be paid in renewal of an existing ng lice ses shall be paid prior tonthe
is accepted. The annual license fee
expiration of the existing license.
Sec. 4-7-3. Refunds.
No part of the fee paid for any license shall be refunded, except (1) as authorized under
Minnesota Statutes Section 340A.408, (2) upon rejection of any application for reasons other than
a willful misstatement in the license application, or (3) upon withdrawal of an application before
approval of the issuance by the council. The license fee shall be refunded to the applicant. The
investigation fee shall not be refunded.
Sec. 4-7-4. Change of Ownership; Exception.
Where a new application is filed as a result of incorporation by an existing licensee and
the ownership control and interest in the license are unchanged, no additional investigation fee
will be required.
Sec. 4-8. Conditions of License.
Sec. 4-8-I. Compliance with Laws.
A. City and State Laws.
gy and/or state I ranted suject w he conditions of
this chapter and of any other applicable ordinance of the c
B. Area of License. No license shall be effective beyond the areas approved in the
license for which it was granted.
Sec. 4-8-2. License Year.
All liquor licenses shall expire on April I .
Sec. 4-8-3. Posting License.
The license shall be posted in a conspicuous place in the licensed establishment at all
times.
Sec. 4-8-4. Alcohol Awareness Training.
A. Within thirty (30) days following the issuance of a new wine license or a new on -
sale intoxicating liquor license, not less than seventy-five percent (75516) of the employees
IJ
September 16, 2015 Al 0
authorized to serve or sell wine or liquor on the licensed premises shall have completed an
alcohol awareness program approved by the police chief.
B. Not less than seventy-five percent (75%) of the employees authorized to serve or
sell wine or liquor on the licensed premises must complete an alcohol awareness program
approved by the police chief within ninety (90) days prior to an application for license renewal for
a wine license or an on -sale intoxicating liquor license.
Sec. 4-8-5. Responsibility of Licensee; Hours, Orderly Conduct.
Every licensee shall be responsible for the conduct of his place of business including
conduct and activity of the premises attributable to the business.
Sec. 4-8-6. Hours of Operation.
The provisions of Minnesota Statutes Section 340A.504 with reference to the hours of
sale are hereby adopted and made a part of this chapter as if fully set out herein. Malt liquor in
growlers may also be sold at off -sale on Sunday after 8:00 A.M. Persons other than employees of
the licensee may not be in the premises from thirty (30) minutes after the sale of malt liquor or
intoxicating liquor is prohibited until thirty (30) minutes before the sale is permitted.
Sec. 4-8-7. Beverage Restrictions.
A. No intoxicating liquor shall be sold or furnished or delivered to any obviously
intoxicated person, to any known habitual drunkard, to any minor, or to any person to whom
sale is prohibited by state law.
B. No person shall give, sell, procure or purchase intoxicating liquor to or for any
person to whom the sale of intoxicating liquor is forbidden by law.
Sec. 4-8-8. Display of Liquor.
No "on -sale" liquor establishment shall display liquor to the public during hours when the
sale of liquor is prohibited.
Sec. 4-8-9. Prohibited Conditions.
A. Prostitution. No licensee shall knowingly permit the licensed premises or any
room in those premises or any adjoining building directly under his control to be used for
prostitution.
B. Controlled Substances. No licensee shall knowingly permit the sale, possession or
consumption of controlled substances on the licensed premises in violation of Minnesota Statutes
Chapter 152.
C. Gambling Prohibited. Gambling is prohibited in licensed premises.
First Reading September 16, 2015 fr(03 Page 7
D. Adult Entertainment. The findings, purpose and objectives of Article IX of
Chapter 12 are hereby incorporated by reference. No licensee shall permit any specified sexual
activities, the presentation or display of any specified anatomical areas or the conduct of a
sexually oriented business all as defined by Chapter 36 on the licensed premises or in areas
adjoining the licensed premises where such activities or the conduct of such a business can be
seen by patrons of the licensed premises.
Sec. 4-8-10. Right of Inspection.
A. Premises. Any police officer, building inspector or any properly designated officer
or employee of the city shall have the unqualified right to enter, inspect and search the premises
of any licensee hereunder at any time without a warrant.
B. Records. The business records of the licensee, including federal and state tax
returns, shall be available for inspection by the city at all reasonable times upon written request.
Sec. 4-8-11. Continued Validity of License.
A. The licensed premises must be operated and managed by the licensee. The
licensee may not allow a prospective or actual buyer to manage or operate the premises until
that person is licensed.
B. Licenses issued to corporations shall be valid only so long as there is no change in
the officers or ownership interest of the corporation, unless such change is approved by the
council, in which event said license shall continue in force until the end of the then current license
year. The requirements concerning changes in officers or ownership interest in the corporation
do not apply to corporations whose stock is traded on the New York or American Stock
Exchanges.
C. Licenses issued to associations or partnerships shall be valid only so long as there
is no change in the partnership or association agreement or in the ownership of said partnership
or association unless such change is approved by the council, in which event said license shall
continue in force until the end of the then current license year.
D. Licensees shall submit written notice to the clerk of any such changes described
herein on or before thirty (30) days prior to the effective date of any such change.
Notwithstanding the definition of "interest" as given in this chapter in the case of a corporation,
the licensee shall notify the clerk when a person not listed in the application acquires an interest
which, together with that of a spouse, parent, brother, sister or child, exceeds five percent (5%)
interest in the corporation and shall give all information about said person as is required of a
person pursuant to the provisions of this chapter.
E. Corporations holding licenses shall submit written notice to the city clerk of any
change in operating officers at least thirty (30) days prior to the effective date of such change. The
written notice shall designate the new operating officer and shall contain all of the information
First Reading September 16, 2015 � I 0$ Page 8
single
licant. The neoperating
cers
l be
about said person as is required of aIpof th s chapter.In Investigation fees shalllbe assubject
to the investigation required by section 4 -6 -
determined by the city council pursuant to subsection 4-7-1 B of this chapter.
F. The designation of a new operating officer shall not c usethe corporation's
license
to become invalid before a decision is rendered by the city council, provided
proper
perating
application are made pursuant to subsection his the event anomsed er mnopeoattng offs efr'is r
shall be referred to as the interim operating officer. erating
rejected by the city council, the corporation shall designateanother
of the counncit'sdecision. ncthat d
make the required application within fifteen ( ) calendar
event, a corporation shall be limited to two (2) successive interim operating officers.
Sec. 4-8-12. Patio.
q,The issuance of an "on -sale liquor', ursuant to h"special club intoxicating liquor', "on -sale
is
to the sale
wine", or on -sale 3.2 percent malt liquor"sirens a structure on the Ice sed11 bpremises
��, unless the
and consumption of alcoholic beverages in
licensee applies for and receives approval from the city council for a patio to allow the sale and
consumption outside of a structure on the licensed premises.
B. Definition. "Patio" means an outdoor course.
C.
located on the premises used for
serving food or alcohol but does not a g
olf
C. Regulations:
I . The patioarea shall not be enclosed 'in such -a manner that the defined by Minnesota Statutes Sect on 144 41a becomes an
3
indoor ar as
2. TheP atio shall be clearly delineated by an approved fence at least thirty- six inches
(36") in height or some other approved structure or barrier that has designate
openings for ingress or egress, to prevent the ingress or egrss of the designated openings fore ngroe seor egressand
from the patio except by way
Such patios shall be considered compact and contiguous.
3. Patio screening may be required if the premises is adjacent to a residential district,
consistent with the fencing/screening/landscaping provisions of this code.
4. The premises shall be in compliance with the parking provisions of this code.
5. The patio shall have sufficient vehicle barriers installed to reduce the entry of
vehicles into the patio if it is in direct contact with or immediately adjacent to a
vehicle parking area or street.
6. The patio shall be in compliance with the noise amplification, lighting, sign, and
sidewalk cafe requirements of this code.
Reading September 16, 2015 Al b 5_
D. Application; Site Plan. The application shall contain a detailed description and site
plan of the entire premises including the following: size and seating capacity of the licensed
building; proposed patio size and seating capacity including table, chair, and aisle arrangements;
and fence or landscape barrier type and height.
Sec. 4-9. Security.
Sec. 4-9-I. Liability Insurance.
All applicants for any type of intoxicating liquor, 3.2 percent malt liquor, or wine license,
must, as a condition to the issuance of the license, maintenance of the license and renewal of the
license, demonstrate. proof of financial responsibility with regard to liability imposed by Minnesota
Statutes, Section 340A.801 to the city. The minimum requirements for proof of financial
responsibility are set forth in Minnesota Statutes Section 340A.409. The sale of alcohol is
prohibited if the required insurance is not in effect
Sec. 4-9-2. Terms of Insurance Certificate.
Certificates of insurance required by section 4-9-1 of this chapter shall provide that the
city must be given ten (10) days' advance written notice of the cancellation of any insurance
described in the certificate.
Sec. 4-10. Public Character of Liquor Sales.
No sales of intoxicating liquor shall be made to or in guestrooms of hotels unless the
rules of such hotel provide for the service of meals in guestrooms; nor unless the sale of such
intoxicating liquor is made in the manner "on -sales" are required to be made; nor unless such sale
accompanies and is incidental to the regular service of meals to guests therein; nor unless the
rules of such hotel and the description, location and number of such guestrooms are fully set out
in the application for a license.
Sec. 4-11. Persons Ineligible for License.
A. State Law. No license shall be granted to or held by any person made ineligible
for such a license by state law.
B. Operating Officer. No license shall be granted to a corporation that does not
have an operating officer who is eligible pursuant to the provisions of this chapter.
C. Real Party In Interest No license shall be granted to a person who is the spouse
of a person ineligible for a license pursuant to the provisions of subsections A and B of this
section or who, in the judgment of the council, is not the real party in interest or beneficial
owner of the business operated, or to be operated, under the license.
D. "Interest" Defined. The term "interest" as used in this section includes any
pecuniary interest in the ownership, operation, management or profits of a retail liquor
First Reading September 16, 2015 Page 10
establishment, but does not include: bona fide loans; bona fide fixed sum rental agreements; bona
fide open accounts or other obligations held with or without security arising out of the ordinary
and regular course of business of selling or leasing merchandise, fixtures or supplies to such
establishment; or an interest of ten percent (10%) or less in any corporation holding a city liquor
license. A person who receives monies from time to time directly or indirectly from a licensee in
the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall
be deemed to have a pecuniary interest in such retail license. In determining "bona fide", the
reasonable value of the goods or.things received as consideration for the payment by the licensee
and all other facts reasonably tending to prove or disprove the existence of any purposeful
scheme or arrangement to evade the prohibitions of this section shall be considered.
E. Outstanding Debts. No license shall be granted or renewed for operation on any
premises on which real estate taxes, assessments, or other financial claims of the city or of the
state are due, delinquent, or unpaid. If an action has been commenced pursuant to the provisions
of Chapter 278 Minnesota Statutes, questioning the amount or validity of taxes, the council may,
on application by the licensee, waive strict compliance with this provision; no waiver may be
granted, however, for taxes, or any portion thereof, which remain unpaid for a period exceeding
one year after becoming due unless such one year period is extended through no fault of the
licensee.
Sec. 4-12. Restrictions Involving Persons Under the Legal Drinking Age.
Sec. 4-112- 1. Prohibited Acts.
A No Sale To Persons Under The Legal Drinking Age. No licensee, agent or
employee shall serve or dispense upon the licensed premises any intoxicating liquor or 3.2
percent malt liquors to a person under the legal drinking age; nor shall such licensee, or his/her
agent or employee, permit any such person to be furnished or consume any such liquors on the
licensed premises; nor shall such licensee, his/her agent or employee, permit any such person to
be delivered any such liquors.
B. Delivery To Persons Under The Legal Drinking Age. No persons under the legal
drinking age shall receive delivery of intoxicating liquor.
Sec. 4-12-2. Misrepresenting Age.
No person under the legal drinking age shall misrepresent his/her age for the purpose of
obtaining intoxicating liquor or 3.2 percent malt liquor, nor shall he/she enter any premises
licensed for the retail sale of intoxicating liquor or 3.2 percent malt liquor for the purpose of
purchasing or having served or delivered to him/her for consuming any such intoxicating liquor or
3.2 percent malt liquor, nor shall any such person purchase, attempt to purchase, consume or
have another person purchase for him/her any intoxicating liquor or 3.2 percent malt liquor,
except that a person under the age of twenty-one (2 1) years may purchase or attempt to
purchase an alcoholic beverage if under the supervision of a responsible person over the age of
twenty-one (21) for training, education, or research purposes.
First Reading September 16, 2015 Page 11
61q
Sec. 4-12-3. Identification Requirements:
A. Identification Required. Any person shall, upon demand of the licensee, his/her
employee or agent, produce and permit to be examined (1) a valid drivers license or
identification card issued by Minnesota, another state, or a province of Canada, and including the
photograph and date of birth of the licensed person, (2) a valid military identification card issued
by the United States Department of Defense, (3) a valid passport issued by the United States, (4)
Statutes section
a valid instructional permit issued under Minnesota 5to a of the person
son issuedal
age to purchase alcohol which includes a photograph and the date of birth per
the permit, or (S) in the case of a foreign national, a valid passport.
B. Prima Facie Evidence. In every prosecution for a violation of the provisions of this
section 4-12 relating to the sale or furnishing of intoxicating liquor or 3.2 percent malt beverages
to persons under the legal drinking age, and in every proceeding before the council with respect
thereto, the fact that the person involved has obtained and presented to the licensee, his/her
employee or agent, a drivers license, passport, or nonqualification certificate issued by the
department of public safety, from which it appears that said person was not under the legal
drinking age and was regularly issued such identification card, shall be prima facie evidence that
the licensee, his/her agent or employee is not guilty of a violation of such a provision and shall be
conclusive evidence that a violation, if one has occurred, was not willful or intentional.
Sec. 4-13. Revocation or Suspension of License.
Sec. 4-13-I. Grounds for Suspension or Revocation.
The council may suspend or revolve any license for the sale of intoxicating or 3.2 percent
malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or failure
to abide by the commitments, promises, or representations made to the city council.
B. Violation of any special conditions (e.g., restrictions on entertainment) under
which the license was granted, including, but not limited to, the timely payment of real estate
taxes, and all other charges.
C. Violation of any state or federal law regulating the sale of intoxicating liquor, 3.2
percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or
on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to
the sale of intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police.
12
16, 2015
�4ib�
G. Expiration or cancellation of any required insurance, or failu o notify the city
within a reasonable time of changes in the term of the insurance or the carriers.
Sec. 4-13-2. Presumptive Civil Penalties.
A. Purpose. The purpose of this chapter is to establish a standard by which the
council shall determine the length of license suspensions and the propriety of revocations. This
chapter shall apply to all premises licensed under this chapter and the penalties herein shall be
presumed to be appropriate. The council may deviate from the presumptive penalty when it finds
that there exists extenuating or aggravating reasons to deviate, including, but not limited to a
licensee's efforts, in combination with the state or the city, to prevent the sale of alcohol to
minors. When deviating from these standards, the council shall provide written findings
supporting the penalty selected.
B. Hearing Notice. No sanction under this chapter shall take effect until the licensee
has been given the opportunity for a hearing to be held in accordance with Minnesota Statutes
Section 340A.415 and the Administrative Procedures Act Sections 14.57 to 14.69. The council
may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given
at least ten (10) days prior to the hearing, include notice of the time and place of the hearing, and
state the nature of the charges against the licensee. For first violations, for which the
presumptive penalty is a fine, the licensee may, at any time prior to the hearing, pay the fine and
waive the right to a hearing.
C. Presumptive Penalties For Violations:
Type of Violation
Ist Violation
2nd Violation
3rd Violation
4th Violation
Commission of a
Revocation
N/A
N/A
N/A
felony related to the
licensed activity
Sale of alcoholic
Revocation
N/A/
N/A/
N/A
beverages while
license is under
suspension
Adult entertainment
Revocation
N/A/
N/A/
N/A
Sale of intoxicating
Revocation
N/A/
N/A/
N/A
liquor where only
licensed for 3.2
percent malt liquor
Refusal to allow city
$1,000.00
$2,000.00
Revocation
N/A
inspectors or police
fine and 3-
fine and 7 -
admission to inspect
day
day
premises
suspension
suspension
Sale of alcoholic
$500.00 fine
$1,000.00
$2,000.00
Revocation
beverages to underage
fine and 3-
fine and 7 -
First Reading September , 2015 Page /3
. 16�Ia�
person
day
day
suspension
suspension
After/before hours
$500.00 fine
$1,000.00
$2,000.00
Revocation
sale of alcoholic
fine and 3-
fine and 7 -
beverage
day
day
suspension
suspension
After hours
$500.00 fine
$1,000.00
$2,000.00
Revocation
consumption of
fine and 3-
fine and 7 -
alcoholic beverages
day
day
suspension
suspension
Gambling or
$500.00 fine
$1,000.00
$2,000.00
Revocation
prostitution on
fine and 3-
fine and 7 -
premises
day
day
suspension
suspension
Failure to take
$500.00 fine
$1,000.00
$2,000.00
Revocation
reasonable steps to
fine and 3-
fine and 7 -
stop person from
day
day
leaving premises with
suspension
suspension
alcoholic beverage
Sale of alcoholic
$500.00 fine
$1,000.00
$2,000.00
Revocation
beverage to obviously
fine and 3-
fine and 7 -
intoxicated person
day
day
suspension
suspension
Allowing a disorderly
$500.00 fine
$1,000.00
$2,000.00
Revocation
establishment
fine and 3-
fine and 7 -
day
day
suspension
suspension
Person under 18
$500.00 fine
$1,000.00
$2,000.00
Revocation
serving liquor
fine and 3-
fine and 7 -
day
day
suspension
suspension
Failure to display
Warning
$500.00 fine
$1,000.00
$1,500.00
I
liquor license
letter
fine
fine
D. Other Penalties. When a violation of this chapter or an applicable statute,
ordinance, or rule regarding alcoholic beverages is without a presumptive penalty, the penalty
shall be determined by the council.
E. Multiple Violations. At a licensee's first appearance before the council, the council
must act upon all of the violations that have been alleged in the notice sent to the licensee. The
council shall consider the presumptive penalty for each violation under the first appearance
column in this chapter. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the council's discretion.
F. Subsequent Violations. A violation occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a
First Reading September 16, 2015 AltoPage 14
second appearance before the council, unless the licensee agrees in writing to add the violation to
the first appearance. The same procedure applies to the second, third or fourth appearance.
G. Subsequent Appearances. Upon a second or subsequent appearance before the
council by the same licensee, the council shall impose the presumptive penalty for the violation or
violations giving rise to the particular violation or violations that were the subject of the prior
appearance. However, the council may consider the amount of time elapsed between
appearances as a basis for deviating from the presumptive penalty imposed by this chapter.
H. Computation of Violations.
I. Any violation which has occurred within twenty-four (24) months of the current
violation shall be counted.
2. Nothing in this chapter shall restrict or limit the authority of the council to:
a. Suspend a license up to sixty (60) days;
b. Revoke the license;
C. Impose a civil fee not to exceed $2,000.00;
d. Impose conditions on a license; or
e. Take any other action in accordance with law;
provided that the licensee has been afforded an opportunity for a hearing in the
manner provided under this chapter.
Sec. 4-15. Open House Parties.
Sec.4-15-I. Definitions.
The following words, terms and phrases, when used in this Section, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Alcoholic beverage means any beverage containing more than one-half of one percent of
alcohol by volume.
Control means the right of possession of a residence or premises.
Controlled substance means any drug, substance or immediate precursor so defined in
Minnesota Statutes § 152.01.
First Reading September 16, 2015 Page 15
All I
Open house party means a social gathering of persons at a residence or premises. A social
gathering attended only by the owners, or those with rights of possession of the residence or
premises, or their immediate family members, shall not be considered an open house party for
purposes of this chapter.
Person under the legal drinking age of 21 years means a person not legally permitted by
reason of age to possess alcoholic beverages pursuant to the provisions of this Code and state
law.
Residence or premises means a home, apartment, condominium, hotel room, premises, or
other dwelling unit or meeting room or hall, whether occupied on a temporary basis or
permanent basis, whether occupied as a dwelling or for a social function, owned, rented, leased
or under the control of any person or persons including the curtilage of such residence or
premises.
Sec. 4-15-2. Acts prohibited.
No person having control of any residence or premises shall allow an open house party to
take place at the residence or premises if any alcoholic beverage is possessed or consumed at
the open house party by any person under the legal drinking age of 21 years or any controlled
substance is possessed or consumed at the open house party.
Section 2. This ordinance is effective January I, 2016.
First Reading:
Second Reading:.
Published:
Attest:
Debra A. Mangen, City Clerk James B. Hovland, Mayor
Please publish in the Edina Sun Current on:
Send two affidavits of publication
Bill to Edina City Clerk
First Reading September 16, 201S Page 16
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