HomeMy WebLinkAbout1992-1 Adding New Section 1046 And Repealing Section 1045AN ORDINANCE AMENDING TH
SECTION 1046 ANIS RE
THE CITY COUNCIL OF TIE CITY OF EDIP
Section 1. The City Code is hereby
follows:
"Section 1046 - Farling and Sv
1046.01 Definitions.' Unless the conte
words and phrases have the n
All Terrain Vehicle I(AM. A motoriz
low pressure tires, �ut not more than
of not less than 806 cubic centimeter
i
i
NO. j 992-1
CIT'' CODE BY AE
EALING SECTION
ORDAINS:
fended to
of Vehicles
DING A
1045
a new Sectioh 1046 as
le*ly indicates jotherwise, the following
ir*s given in tl4s Subsection:
flo tion -tired ve 'cle of not le
K tires, that is limit in engine
and total dry wei ht less than
Boat. Any contrivance used or desig
ried for navigation
n water.
Commercial Usage) Vehicles.
A. Vehicles and equipment d
igne4 or modified for
use in any ci
demolition, I or maintenance a
tivit%
B. Tractors.
C. All trailers or towed equip
ent Oxceeding a gr
ss vehicle wei
pounds but, not including re
eitiof al vehicles o
trailers used
boats, snowmobiles or ATVs.
D. Snow removal vehicles a
io egiupment and t -ee
trimming
equipment.
E. Earth moving vehicles an
equipment.
F. Trucks, vans and pickups
with la manufactun es
nominal ra-
capacity of more than three 1
ourft ton.
District A zoning district established,
puouant to Secti
r
n 850 of this
Inoperable Vehicle. A vehicle inclu ' g, t -
trailer, marine craft, snowmobile, oto
1
not limited to, any aut
Ie, all t vehicle,
three
pounds.
t of 1500
transport
and
carrying
bile, truck,
bile home,
pickup camper, camping trailer, and
that (i) has a missi4g or defective p;
of the vehicle, or (ii) is stored on' blc
display a license, of displays a kcer
renewal date. Unmounted pickup ca
deemed inoperable !vehicles if they c
normal operation and display a lice
required renewal date if a license is
Non -Conforming Parking Location.
in the R-1 or R-2 District which loca
within five feet of a side lot line.
Recreational Vehicle. A vehicle used
occupancy including but not limited t
campers, camping trailers, tent traile
er e4uipment for r
that is necessary 1
t, ja0ks, or other s
that is 60 days c
srs or vehicles whi
;revise possess all
e that is not mor
r the rmal
peration
cr (iii
does not
more past it
required
L are towed s
not be
arts and are
apable of
than 60 da
past its
outdoor location n the dri
is loot within 15 feet of the
ir designed for use
campers, motorhoi
s and travel trailer
Snowmobile. A self-propelled vehicles desig aed for travel
skis or runners.
Special Purpose T' er. A trailer h
pounds. Special urpose trailers
transport boats, snowmobiles or AT
1046.02 Parking or Si torage of Comm
Vehicle Parts. Commercial usage vehicles,
appurtenant to any vehicle shall not be:
A. Parked or stored outdoors on
B. Parked or stored outdoors on
hours.
Provided, however,. vehicles and equiprnent
on the premises may be parked on the prer
1046.03 Parking orforage of Recreati
Recreational vehicles, boa , ATVs, snowmo
designed or used for off -ad purposes mal
erected building, or may tee parked or store
Subd. 1 Lots the R-1 District
A. No more than two
ai gross vehicle
It utility trails
of a lot
and not
temporary esidential
mobile hon es, pickup
snow or ice teered by
ight of less an 1500
and trailes used to
V1 sage Vehicles Inoperable V
Liable vehicles, r any part or
in residential
in non-residential 4istricts for
Sed for mainte
$es during the
pial Vehicles, B
Iles, special pu
be parked or
outdoors as fc
R-2 District, PRD-
sch vehicles, not r
repair, or
of work.
ATVs, Snowi
trailers or of
I in a garage
s:
and PRD -2
and
than 48
iles, etc.
vehicles
lawfully
than one bf which is
a recreational vehicle, s
For purposes hereof, a
vehicle.
B. A�y such vehicle p
lease by the occupant
C. Any such vehicle sh
an interior side lot line,
required front street s
Section 850 of this Coc
D. Any such vehicle
buildable area for a�prb
principal building on tl
E. Ndtwithstanding the
of this Subdivision,ani
basis on a' driveway wi
street setback subject t
1. Such vehicl
exceeding seven
2. Such vehicle
travelled portior
or rear lot line.
It is the intent of this I
suchehicles for loadir
the visitors and guests
Subd. 2 Lots } All Other Reside
A. Any such vehicle F
leased by the occupant
B. Any such vehicle p
stored only on hard sw
1 bei parked or stored outdoors oi L each lot.
hide on a trailer shall be coni eyed one
i
:ed for stored out oors shall be Dwned or
tho premises wh parked or sl Dred.
no� be parked or stored within Ave feet of
thiA 25 feet of a r ar lot line, or tvithin the
acid or side stree setback as r
ed by
hall not be parked or stored clo er to the
.ipal building on an adjoining lot t mn to the
lot where parked or stored.
requirements of par agraphs A., B., C., and D.
such ivehicle may b parked on a emporary
hin the required front street setbz A or side
the following req ements:
shall not be park d for a per.
lays.
shall not be parked within 15
of a street and not within five ft
aagr#ph to permit
or oading purl
tho residents of i
tial (Districts.
:keds or stored ou
f the premises wr
.kedi or stored ou
reedi areas.
Subd. 3 Lots In Non -Residential Iistnicts.
i
A. Any such vehicle sh iU not be parked or
than 48 hours.
3'
of time
!t of the
of a side
short term arking of
sand to ac mmodate
premises.
>rs shall f
parked or
yrs shall b
owned or
parked or
�s for more
B. Any such vehicle
as a parking area.
1046.04 Other Vehicles. Passenger aut
by Subsection 1046.02 and Subsection 104
lawfully erected building, or may be parked
Subd. 1 Lots in the R-1, R -2,i I
not within 15 feet of
feet of a side or rear
Subd. 2 Lots ' All Other Residc
surfaed.
Subd. 3 Lots to All Other Non -P
hard (surfaced but not
however, vehicles may
lots in the PCD -3 Dist
which are used for 'the
1046.05 Variances for Recreational
Subd. 1 Varialnce System Estal
1045.03 are necessary for the peace,
City. It is recogni ed that there are
etc. and so many s apes and sizes o
matter what restrictions are place
hardships will rest to some owr
nuisances will result to some non -a
and nuisances, this variance system
Subd. 2 Application. Any persc
permitted by Subsection 1046.03 ma
on forms provided by the Planner.
Section 185 of this Code. No variant
number of vehicles allowed by Subs
Subd. 3 Hearing and Decisions
A. Within 30 days
petition is complete,
received, the Zoning
of this Code shall qor
and written views of
be perked or store only on
mobiles and a4ked
vehicles not gulated
.03 Day be p
stored in a garage or
)r stdred outdfollows:
-1 aid PRD -2.
On the dri eway but
tkav$11ed porte
street or 'thin five
line-;
tial Districts. Ona I parking area tat is hard
iential Districts. On a parking ea that is
periods excee ' g 48 hours. Provided,
stored for periods exceeding 4 hours on
as defined in S ction 850 of Code,
of new or used automobiles or boats.
Boats, etc.
hed, The restrictions set out in ubsection
alth safety and welfare of the cit' ens of the
many kinds of recreational vehi4 les, boats,
)ts and land parcels within the , that no
upon their outdoor parkingstorage,
s of, recreational vehicles, boa etc. and
ers. In an attemptto avoid su hardships
established.
desiring to locate vehicle in a 1 cation not
file a petition for a variance with a Planner
'he applicant shall pay a fee as t forth in
s shdll be given or owed for m e than the
:tion; 1046.03.
the Board;
er the Planner de termines that
� all tequired fees and informatioi
#d 6f Appeals as established by
A a�ublic hearing and after hear
int ested person shall make it,
4
a variance
have been
action 850
ig the oral
lecision at
the same meeting or
granting a variance n
necessary to ensure
promote the peace; hi
B. Notice of variance
before the date of the
variance and to each
within 200 feet of the
as the names and ai
determined by the Pla
Subd. 4 Appeal. The applicant,
given, or any member of the staff o1
to the Council, by filing a written n
after the date of the decision.
Subd. 5 Hearing by Council. Tl
appeal is filed, shall set a date for h
be given in the same manner as the
persons shall be heard who wish to
the hearing, or a specified future d
Council's decision shall set forth its
variance, or theouncil may adop
Board. On gran g a variance, th
extent as the Board as set out in S
Subd. 6 Variance Order. Each
to which it relates and shall be� disl
Subd. 7 Var+lance Not Transfei
and restricted to the stated person,
transferred to any other person,
location. Provided, however, a
provided such vehicle is not longer,
the variance was; initially granted.
protect
and well
n$s shall be rr
ng to the pers(
r of property
jetty to which
ses of such i
friom records i
any o4vners to whoa
the Oity, may appe
tice df appeal with
C*cil, at its ne:
fling the appeal.
ieari$ng before the
a heord, in person
:e, the Council sh,
.dings and reasons
as its own, the fi
Council may impc
d. 3 i of this Subsec
meeting.
which the
of the
3 not less tr
,ho filed the
ited wholly
variance rel
ers can be
stained by d
notice of the
I a decision
he Clerk wit
regular meet
otice of the h
oard. At the
r by a repress
l make its de
)r granting or
Sings and re-,
e conditions
iarce order shalla retained on
,ed, at the reques of any City e.
decision
3 deems
ies and
ten days
ition for
partially
s insofar
Assessor.
:arnng was
the Board
i ten days
after the
ring shall
raring, all
:ative. At
ion. The
nying the
ns of the
the same
property
ble,!Exception. Ea h variance sh be limited
vehicle and prop location an may not be
r be f used for any other vehicle or property
rianco may be ferred to an er vehicle
'der'y taller or old than the vehi a for which
Subd. 8 Revocation of Varian Each variance gr
City for failure of the recipient t comply fully and
conditions or for' any violation of a pr6visions in Su
1046.06 Non -Conforming Parking
snowmobile, all-terraini vehicle, or specs,
a non -conforming parking location prior
id Storage. Any
purp.0 trailer wl
the �ffective date
5
:d may be roked by the
tinually V 7 the stated
7 of this S section.
:creationalhide, boat,
z was parke or stored in
this Section y continue
to be so parked or stored subject to the re
Subd. 1. Standards for Parking
A. An inoperable vel
conforming parking log
stored only in those lc
B. No more than on
terrain vehicle, or spe
conforming parking lc
C. Any recreational vt
special purpose trailer
location shall have bei
this Section by the occ
D. The lot upon whicl
terrain vehicle, or spec
conforming parking
continuously since the
vehicle so parked or s-
Subd. 2. Proof of Ownership.
occupant of the premises where a rec
vehicle, or special' purpose trailer is
location, shall provide proof of com]
Subd. 1 of this Subsection."
Section 2. Section 1045 of the City
Section 3. This ordinance shall b
publication.
of this
Storage.
:le shall not be pay
don. An inoperable
itions required by 5
recreational vehich
al purpose trailer s
ne, poar, snowmo
xked or stored in ,
owed continuous
ant sof the Dremise
!d or stored in a non-
yhicle may b parked or
)section 1 .02.
boat, sno obile, all -
J1 be Darke in . a non -
since the
where Dar
►etude, or
g Parking
ctment of
or stored.
a redreational vehi4le, boat, snoobile, all-
�l purpose trailer is arked or stor in a non -
cation shall have been owned or rented
nactment of this S ction by the o er of the
the request
Of any City a
loyee, the
ial vehicle, bo
t, snowmobil
-tein
allrra
or stored in
non-confo
g parking
with DaraQra
h C. and D
ph D. of
Code is repealed ink its entirety.
in full force and effect upon its Passage and
First Reading: October 19, 1992
Second Reading: November 2,499
Published in the Edina Sun -Current on November 11, 1
ATTEST:
City Clerk
6
�I
Minnesota
Sun
Publications
AFFIDA
1
F PUBLICA
ION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
L . J . C a n n i n g
, being dull
sworn on an oath
that he/she is
the publisher or authorized agent anc
ompl
of the pub/
sher of the new,
paper known as
Edina Sun - C u r r e n It
, and ha
a full I knowledge of
he fads which are
stated below.
(A) The newspaper has complied with all c
the requirements
constituti
quoification as a
ualified newspaper,
as provided by Mirfnesota Statute 331IA.02,
331A.07,
and other applicable
laws, as amend
.
(B) The printed Ordin3oce
No. 1992-1
992-
which is attached was cut from the columns
which
Df said i
iewspaper, and wass
printed and publish
once each week,
for one suonmsive weeks; it was first
publish,
W on W e d n e
d a v , the
11 day
of November 19-2-2— and was the
r
printed and publistuid
on every
to
and including
he
day of
, 19
printed below is
a copy of the lower case alphabet from A b
Z� bot
inclusive, which is
hereby acknowledg
d as being the size
and kind of type used in the composition
tnO put
ication of the not'
:
abccW
i*ftnrom-wvwvz
BY -
TITLE: General
Man
d e r
Acknowledgedbe� me on this �
11 day November , 19
92
N ub is MERI E .LOM
Notary Public Minn sota
HENNEPIN COUNTY
E I
FORMATIO
(1) Lowest classified rate paid by corn
for corn space
e�cial
sets
130
r line
(Line, word,
r inch rate)
(2) Maxim m rate allowed by law for 1
ie,abwomatter
959$
r line
(Line, word,
inch rate)
(3) Hate actually charged for theabo
a malter
674
r line
(Line, word,
inch rate)
T
4M
e I O
a �_ INAN AMENADDING
NO, 102-11
00
ANEW
SEM ONHIM
N HSS
OF'HE
so City Cede 9 hereby
prattlde
Swum foss as Meows:
'
I Unless the t
the fallowing-laliAa and
subseed
Vehicle ( ).
of net tees they ow
710 tires but more
that Is "
in engine displags
I Itlent. than 800
Any contrivance used d
than 800
or
Usage Ve .
navigati in
water.
f
i
... and equaped @v►tttt des dr
pmo
for in
Construction,
or y
B
All or towed
graee
t 1500 but asl
u'EC I a Csa r''
a
and
tree
veli les and
F 'vmensas � and
vans
canYlagesprtci�af
than
A zzmoawtpgg lis ct esta
nt to
850 of this trade.
I ble Vehicle vehicle'
t not iimi
any automobile, 1
mobileobile
.� ut�and
for m
tion,
a ddecti' part tits
off thd•eld-
or ( ) is stored oa • or
(iii
not display a
a liceme tht is so do or
tis
date UnmoofNsd
pe�or
llwhic a
not
shabie
able vebkiu
possess
ews
that is not make than days'
Of
Cila�
I and
ate if a licenie k
N forming Parking Loco lea.
R R-2 District
r loco
the driveway of a let in
which loci'oa is
a side lot lite.
Mon 15
I
street and not WIN E
Ree Usual Vehicle A vehidt used
for me
temporary residential
ape including but not lime ed to
m camping trailers, tent
rs, motor
mobile homes, pickup
Ta
Snow obNe A self-propelled v Micle
travel tra 1
for In vel
snow or ice steered by
is or 1 Purpose Trailer. A tra ler ha
n gross ve iicl weight of less than 1500
special�l wpose��
y trailers, an
iters used to trauslierts,t
I
44L 02 g or Storage of Cam
sale Vehic I
ble Vehicles and Vehicle
Commercialusagge ve '
his vehi les
any part or equipment ap-
nt to atny vesicle she root
A.Par or stored outdoors on 1 is in
idential din rets
B. Par or stored outdoors on 1 is in
-residential
ets for more than 48 hours.
Fr i however, vehicles and eq 'pm
for maina
repair, or construction on
Orem may be parked on the rem'
daring the ri
of work.
113
Ps Ing or Storage of Recre tissal
,chicks, Boa , A
, Snowmobiles, etc.
rea ' 1 vehicles, boats, ATVs, s
lea special
trailers or other vehicles
ned for off-road may
'parked or sto
a garage or lawfully erected
ng, may be parked or s on
as follows:
1 in the RI District, 114
PIiD t and F tD6
Subdistrkts.
A. No more than two so vett
rid more n
of which is a recreational
vehicle shall berkei stored
on
purposes hereof, a veldcle
a trailer be t
'Vehicle.
B Any such cle ar
tat ed outdoorsh
11 be owned or leased by the
pa t Of the
or s
such We not
packed or s
vithin five feet of an interior
Intl within 25 f ata
r let line, or. the required front steel set -
side strfeet se,
of thrs Code
D. Any such vehicle sha net
Any
ar a
to the buildable area for
p on an
lo4than to
pal building on the let where
rked orsti
Notwithstaoding the
division
of para
A. R., C., and D. of this Sub-
i>asie
awry such' vehicle
en a
oa a driveway wifhie
the required front street se
or side s
ck subject to the Wooring
requirements: .
1. Such ve Me sha not be
for a
time exceeding seven days
2. Such vehicle not
wi 15
t of the travelled portion of
a street and not wi five
tafaxideor
r lot line.
It is the intent of this ph
for
t the
par of such vehicles
the residents the
ams a
to the visitors aad guests of
I
dM 2 in AN Other Rooidentia
A.
°or
be owned or leased the
by
occupanti�Ne pprem w
R. Arty such veh4cle
r s
I be
our
hard surfaced areas.
outdoon sho
parked or stared only an
In Non-Resideatial Distds
A. Any such vehicle sha not
rhad or s 0more
than 48 hots
R Any such vehicle sha be
or stared
areas improved as a park-
ing area.
t
46. Od er Vehicles. Passengerau
and all
les not regulated by Subsec-
t 1048.02 and Subsect'on e3
y be perked
xi in a garage or lawfully
ere !ted building,ar may be
stored on
s follow:
I
Ax1 in the R-1. Rd, RD -1 a PR
travelled
Dhlricts. On
vewaay but not within 15 feet
of portion of th s
2 list I in AN Other Residentia Dis
within five fee
On a parki
aside or rear lot line.
that is hard surfaced.
I
Aix. 3 in AN Other Neo -Res
On a
area that is hard surfaced
but not for periods exceeding 48
Provided,
vehicles may be stored for
ads exceeding 48 hours lots
the PCD -3 tri
es defined in Section 850 of
Code, which are used f the
or
tomobiles or boats.
1
.15 kr Recreational
Bp(s, etc,
S 1 Variance System
'the res rent
set out in Subsec-
1045.03 are t►ece3sary for
hesNti4
of the citizens
City. It is r ecogniaed
So
tiotal vehicles
etc. and so many sha
pf Ids
parceb within the
t2 , that no matter what
are lacei u
outdoor parking
T
A. Within 30Li 1 1 Vihee� a variance estition is
B. Notice of
rings shal be
ailed not less than ten days before the
dote of the
to
person w f
the petition for variance and to each
owner of
the vv�h�riiaahue
whouy or
the
within 800 feet of the p�pe�ty b wpieb
owneis
r easotably
r as
by the Plann f
and addresses of such. ars be
records maintained by the Asonow..
Subd. 4. Appeal
a
dant, ahs
is whom notice of the ming
was gqi�ven` or any r
the staff the
ty, may appeal a decision of
the hseard to the
tem days
fiU a wri
cc of appeal with the Clerk
within of
Subd. 5., Hearin
the appeal is filed,
do
I
to of the i
The
date for
its next regular meeting after
a�eaI -Notice of thebear-
ing shall be given '
the
a manner as
ring before the Board. At the
hearing, allshall
heard who ish
be heard, in person or by a
represenfa dive. At
ora
date, the Council shag make
its decision. The
U's
ice shall t
its findings and reasons for
granting or denying
ings and reasons of the
or the
. On gran ' a
y adopt as its own, the find-
e, tVne Coma may im-
pose conditions to
extent as the
as set out in Subd. 3 d this
Subsection.
Subd. 6. Varian
Order
ch varix
shall be retained on the prop
erty to which it re tes
shall be displa
at the request of any City
employee
Subd. 7 Varian
11
limited and fes
Net
to
asterroble
tated person ve
Each variance shall -be
and property location and
may not be trans
to
other
be used for arry other vehicle
of property local
however
may be transferred to
another vehicle
vehicle is
wider, taller or older than
the vehiclq for whi
the
nee was i
granted.
Subd. a. Revoea
ofEach
granted may be revolted
by the City for fail
at
I tin pl fully and continually with the
stated conditions or
the
ons Subd 7 of this Subsection.
N Non ConformingStara
e.B
tiomi vehick snowmobik
terrain vehiceor
w 'ch or s on
non -
conforming psrkiug
to be so or
or to the
to the
ve date of this Section may continue
P®rked
Subd. 1. Woods
Iect
king and
is of this Subsection.
A. Anlloopera
abaB sot be
or stored in a coo-coahratag lark.
fag location. An
reqdred by Bo
lems be
or stored only in time laeades s
B No eaere tb
ationat
t. saawmobile, all teerahh vabkle,
or special
e6aB be
a baa -cont rale
agoC.
Any
ll-terrainr
pose dc
owned cont
I
a
parkingg_
Sectionby the
premises where
dareA.
The let n
D. cl
olea
,
Ypeel�iii
bo atsnsvrnobils. a ` :
js-anwalairmMg
tion sha i have ave
or rortei
.
shm*Ue enactmcist of /ea.
—tine by Ibe.
alt
sn
aMrcd.
a.ba :.O pr
w
_
e poq
t of a� city empi yc� the -
• boat, soowmo ib�ale„ W&
or
fe
in,
AM L�Secd
1 aipttln�v�e
1045 oft
i is
its entirety.
Man 3. This ordinance bE
K
fun
its passage and-pubNeetlwh.
and gam1t
z
/s/ FREDERICK S RICHARDS
SP:
Mayer
AMCELL A M. DAEHN
ov. 11, 18081