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HomeMy WebLinkAbout19840206_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL FEBRUARY 6, 1984 Answering rollcall were Members Schmidt, Turner and Mayor Courtney. FLAG CEREMONY CONDUCTED BY GIRL SCOUT TROOP NO. 615. No. 615 opened the meeting by presenting the colors and Pledge of Allegiance. .The Mayor and Council Members welcomed them and thanked them for the samples fr.om the. Annual Scout Cookie Sale. Members of Girl Scout Troop JAYCEE WOMEN MEEK PROCLAIMED. WHEREAS, the Minnesota Jaycee Women have promoted community service in Minnesota Mayor Courtney read the following proclamation: PROCLAEiATION for 34 years; and WHEREAS, the Minnesota Jaycee Women is an organization of over 5,000 young women of today in over 275 communities; and WHEREAS, the Minnesota Jaycee Women shall set aside the week of February 12 through 18 to educate the community in the areas of ongoing projects in Accent on Youth, Aid to Retarded Citizens, Community Service, Medical Health, Epilepsy, Osteogenesis Imperfecta and Today's Women; and WHEREAS, the Minnesota Jaycee Women provide individual development to tomorrow's leaders; and WHEREAS, THEIR CREED STATES, "May we leave the world a better place because we lived and served within it"; NOW, THEREFORE, BE IT RESOLVED that the week of February 12 thru 18, 1984, be pro- - claimed JAYCEE WONEN WEEK. GORDON "BUD" COLEMAN AND GORDON RUDOLPH COMMENDED. Assistant City Manager Bernhardson introduced Gordon "Bud" Coleman and Gordon Rudolph, advising that both men are light equipment operators with the Public Works Department and have been employed'with the City since 1969 and 1962, respectively. conscientious service to the City of Edina and presented them with silver pens bearing the Edina Logo. MINUTES of the Regular Council Meeting of January 16, 1984, and Special Meeting of January 23, 1984, were approved as submitted by motion of Member Turner, seconded by Member Schmidt. He commended them for their faithful and The Council Members joined in congratulating and thanking them. I Ayes: Schmidt, Turner, Courtney Motion carried. COMPREHENSIVE ZONING ORDINANCE GRANTED FIRST READING/PUBLIC HEARING TO BE HELD OPEN TO FEBRUARY 27, 1984. hensive Zoning Ordinance conducted at the last-meeting had been continued to receive additional oral or written comment and he suggested that the hearing be held open to February 27 for any further comment from property owners. rezoning issues that were pointed out at the previous meeting as follows: 1) Vacant property presently zoned multiple residence - three properties are involved, one at the junction of 7th Street and Co. Rd. 18, another direcsly south of Interlachen Hills apartments and the third parcel is located just west of Cahill Road. Staff would propose that those properties which are zoned either R-3 District or R-4 District under the present ordinance be rezoned to R-1 District in connection with this process. 2) Some properties that are zoned Planned.Industria1 District (P1D)'now are proposed to be rezoned to Planned Office District (POD) : Office Park, the Edina Office Center building, and the Xerox Building. Because they are developed with office buildings it is proposed they be rezoned to POD. 3) Some prop- erties in the Southdale area presently zoned Commercial District are developed with office buildings and would be better zoned POD. They are the Southdale Office Center and the Titus Building. Nr. Hughes recalled that at the last meeting the Council had requested that staff notify the owners of those properties to solicit their comments. It was found that many of the buildings are owned by companies that are located out of state. have indicated they see no particular problem with the proposed rezoning, but would have to consult with the owners. gested that the whole issue be deferred until February 27 for solicitation of comments from the building owners, noting that no one had objected to date. 4) Developed resi- dential properties which are presently zoned R-3 District, R-4 District and R-5 District and have to be put into some catagory under the new zoning ordinance. explained that the policy followed in preparing the new zoning map is to rezone those properties to the highest density PRD use permitted by the Comprehensive Plan, but only to the degree of density to prevent any non-conforming status for each site. He noted that there are some developed properties in the City that will be non-conforming by virture of the adoption of the new zoning ordinance due to their density exceeding even the highest zone that is proposed. Mr. Hughes then pointed out the second general Planner Hughes recalled that the public hearing on the Compre- Mr. Hughes then reviewed Th6sG properties include .areas off. Pentagon I . Staff has contacted the management companies for those properties and all Because of the distances involved, PIr. Hughes sug- Mr. Hughes 193 issue which relates to some changes in the text of the draft ordinance. As comments were received from property owners through the hearing process, there are a variety of changes that became obvious and those prompted staff review of other aspects of the proposed ordinance. He suggested that for the continued hearing on February 27 that staff prepare a comprehensive listing of all the minor and major changes to the draft of the ordinance for Council's consideration. by Dr. Ralph Lieber, Superintendent of Schools, relative to the Community Center. Mr. Hughes advised that a minor redraft would address that concern and suggested that the Community Center should be considered an allowed conditional use rather than an interim use. of the interim use. The only catagories then that would be subject to the 7-year provision would be schools for teaching music, dance, etc. which are typically in the commercial district and administrative offices for non-profit organizations. Other uses such as public schools, churches, civic institutions and community centers would be considered an allowed conditional use and could continue to exist until they are expanded in some fashion. Courtney called for comments from the public. Wallace Kenneth who is the owner of two parcels of land in Edina which are undeve- loped, one tract on Vernon Avenue and a 15-acre tract on Lincoln Drive, and that Mr. Kenneth is opposed to the rezoning suggested with respect to the Lincoln Drive property. is so that he can proceed to develop that property -for apartment complexes. dervort stated further that because of the urgency of this matter he has asked Mr. Kenneth to prepare construction plans and submit them to the Planning Department this week so that he will not be denied any of his rights if the proposed zoning ordinance is adopted. Mr. Kenneth's land on Lincoln Drive, the adoption of the zoning ordinance should be delayed so that they could work with the Planning Department and the Council to agree on some type of sensible planning for that tract of land. With respect to the Vernon Avenue property, Mr. Vandervort explained that this property abuts two existing apartment complexes and it would seem logical that the City should consider upgrading that zoning from R-1 District to R-5 District because it will be the intention of Mr. Kenneth in the foreseeable future to build an apartment complex there.comparable to those abutting properties, one of which has a density of around 23-24 units per acre and the other around 18 units per acre. question of Mayor Courtney regarding First Reading of the ordinance, Attorney Erickson stated that there is statutory authority to protect the planning process by imposing a moratorium which the Council already has done relative to R-1 District properties except for single family homes. Because Mr. Kenneth has filed or will file for a building permit, it is recommended that the Council consider adopting a similar moratorium on construction of multiple dwelling units at the Special Meeting on February 13. Member Turner stated she would support a moratorium, that the Council has spent 6 to 8 months in reviewing the zoning ordinance to prepare a document that is consistent with the Comprehensive Plan, and that the process should be protected. Mr. Vandervort commented that if a moratorium is passed it leaves no alternatives for Mr. Kenneth. would not prevent the continuation of discussions with Mr. Kenneth regarding his properties. undeveloped property proposed to be rezoned and that he would like to go on record that they are not in favor of the proposal. and noted that two of the three undeveloped parcels are in the extreme northwestern corner of Edina, pay taxes to tIie City of Edina but Hopkins School District taxes and havelittle if any impact upon what goes on in the City of Edina as they are much more Hopkins oriented properties. In response, Mr. Hughes stated that the basic goal in the proposed zoning ordinance is to provide an ordinance that conforms with the Comprehensive Plan. In the process that the Community Development and Planning Commission and the Council worked through during the last 9 years and end- ing in the Comprehensive Plan, there has been an attempt to reduce the density allowed for those types of developments. recodifying its ordinances and is looking at some of these properties that were previously zoned to what Council believes are unacceptable densities. There being only three properties in the City that were zoned that way, and as they were rela- tively old zonings, it was staff's judgement that it was Sest now to rezone them back to R-1 District and then encourage their subsequent rezoning to a new district that would fit in both with the new zoning ordinance as well as the Comprehensive Plan. Marsh Everson, 6000 Fox Meadow Lane, stated that he too objects to the pro- posed rezoning for property he owns. He added that he wishes to keep the current zoning for his property. Member Turner observed that one issue that has not been discussed nor identified is that in the proposed zoning ordinance we are maintain- ing a couple of standards for the R-1 District that are important; namely the minimum lot size of 9,000 square feet and 25% lot coverage as measures of density. By that the Council is saying we like the open space and the size of the lots we have in Edina and are by a conscious decision maintaining those standards. further comment being heard, Member Turner offered the Comprehensive Zoning Ordi- nance for First Reading, in the form attached to these Minutes as Exhibit A and Noted was a concern expressed It therefore would be exempt from the 7-year sunset provision Following Mr. Hughes' presentation, Mayor Wayne Vandervort stated he represents Mr. Kenneth is requesting that the property remain zoned as it presently Mr. Van- He stated that, for some type of orderly planning for In response to a Mr. Erickson responded that the moratorium Harvey Hansen stated he represents Carl Hansen who is the owner of Mr. Hansen asked why this is being done .. Now the City is getting to the point of No 2/6/84 hereby made a part of these minutes, with the understanding that the public hearing be continued to February 27, 1984, that any oral and written comments concerning the ordinance may be submitted for consideration through the February 27 hearing, and that staff be directed to prepare Findings of Fact and Reasons for the adoption of the Comprehensive Zoning Ordinance for review and action by the Council on February 27. Rollcall : Ayes: Schmidt, Turner, Courtney Motion carried. Motion was seconded by Member Schmidt. ORDINANCE NO. 811-A178 FOR REZONING TO POD-1 (HEDBERG & SONS COMPANY) GRANTED FIRST I READING; PRELIMINARY PLAT OF HEDBERG PARKLATJN ACRES APPROVED. Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. Nr. Hughes recalled that the rezoning request and preliminary plat of Hedberg and Sons Company Zas'5eard by the Council at its November,7, 1983 meeting. 7.1 acre parcel of property located east of France Avenue and north of Parklawn Avenm extended. At the November 7 meeting the Council continued the hearing of the rezoning request and preliminary plat for one month to consider the aspects of this project. The property owner since that time has requested continuation of the hearing. Mr. Hughes stated that the issue before the Council is the rezoning of the property to POD-1 Planned Office District and that a preliminary plan has been submitted in support of that zoning. which measures approximately 90,000 square feet in area. plans a drive-through banking facility would also be provided on the northwesterly portion of the site. part of the consideration of this rezoning was a dedication by Hedberg and Sons Com- pany of park property in order to satisfy the parkland dedication requirement for this parcel as well as for all their property in southeast Edina which comprises about 95 acres of land. Mr. Hughes advised that the Community Development and Planning Commission has held a public hearing concerning an amendment to the Comprehensive Plan to show a new location for the park in the southeastern portion of the City and that the Commission would recommend that the Plan be amended. The Plan shows the park located south of Parklawn Avenue and as now proposed, the park would be sited north of Parklam Avenue with a green strip which would be connected down eventually to the IJinfieldlLaukka property as well as northerly to intercept the existing green strip that was dedicated in connection with the Yorktown plat. November 7, 1983 meeting it was noted that discussions were needed betwen the City and the property owner regarding the method of dedication. Those discussions have been held and Hedberg and Sons Company have now agreed to dedicate the land located north of Parklawn Avenue immediately, subject to a two-year reservation on mineral rights for this area to allow mining of the remaining gravel deposits. strip located south of Parklawn Avenue, it was previously the desire of the Hedbergs to convey that to the City at some predetermined price or predetermined method of arriving at that price at some point in the future. Hedbergs have now agreed to dedicate that land to the City at no cost; however, it is their desire that that dedication occur at some point in the future, perhaps as far out as 8 or 10 years, due to-the large amounts of gravel deposits located between 76th Street and Parklawn. Mr. Hughes advised that there is a very steep bankment between 7500 York Avenue and the Hedberg property. without mining out the balance of the property, which is,their desire to do. The understanding with such a dedication is that the City would then at the same time assume its normal policy for paying for the cost of Hedberg Court and Parklawn Av. which is that the City would pay the normal front foot rate for Parklawn Avenue and a one-third side rate for Hedberg Court. When the price of that construction was previously estimated it was approximately $65,000.00 as the City's assessment for that work, Mr. Hughes indicated that the action requested is preliminary rezoning approval to POD-1 Planned Office District for the 7.1 acre parcel of property in the northeast comer of Parklawn and France Avenue, as well as preli- minary plat approval. new park location for southeast Edina. , staff would recommend it be approved subject to these conditions: 1) a developer's agreement be executed that would cover the methods for the improvement of Parklawn Avenue and Hedberg Court, 2) that there be a park dedication agreement,.3) an L overall development plan for the office building, 4) submission of a final plat, 5) a temporary cul de sac shown on Parklawn Avenue until it is extended through the property, and 6) a temporary storm water easement for the Phase I property. Mr. Hughes advised that since the November 7, 1983 meeting a preliminary park plan has been prepared by the firm of BRTJ which has been reviewed only briefly by the Park Board and that they would like additional time to study the programming of . the park and the specific plan proposed. if the City's stormwater ponding needs could be satisfied on a park of that size and still have enough room left over for open spaces uses. BRW has developed a plan whereby a large area will be inundated during the 100-year frequency storm, but under normal conditions it will be open and available for various outdoor activities. The request involves a It illustrates a four-story office building for the property According to the preliminary At the Council Meeting on November 7 staff had pointed out that - I Secondly, at the, Regarding the It would be nearly impossible to mine out that strip Amendment of the Comprehensive Plan is needed to show the I With regard to the rezoning and subdivision, The issue involved would be to determine ' An arboretum concept is planned for the southerly part of the park t 11 4 8 EXHIBIT A - 2/6/84 Minutes 1. - .I CITY OF EDINA, MINNESOTA ZONING ORDINANCE NO. - JANUARY -, 1984 TABLE OF CONTENTS Page SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 SECTION 10 SECTION 11 SECTION 12 SECTION 13 SECTION 14 SECTION 15 SECTION 16 SECTION 17 SECTION 18 SECTION 19 SECTION 20 SECTION 21 SECTION 22 SECTION 23 FINDINGS, PURPOSE AND OBJECTIVES SHORT TITLE RULES OF CONSTRUCTION; INTERPRETATION; SEVERABILITY; DEFINITIONS ADMINISTRATION AND PROCEDURES DISTRICTS DISTRICT BOUNDARIES GENERAL REQUIREMENTS APPLICABLE TO ALL DISTRICTS EXCEPT AS OTHERWISE STATED PAFCKING AND CIRCULATION LOADING FACILITIES LANDSCAPING AND SCREENING SINGLE DWELLING UNIT DISTRICT (R-1) DOUBLE DWELLING UNIT DISTRICT (R-2) PLANNED RESIDENCE DISTRICT (PRD, ESR) MIXED DEVELOPMENT DISTRICT (MDD) PLANNED OFFICE DISTRICT (POD) PLANNED COMMERCIAL DISTRICT (PCD) PLANNED INDUSTRIAL DISTRICT (PID) REGIONAL MEDICAL DISTRICT (FWD) AUTOMOBILE PARKING DISTRICT (APD) HERITAGE PRESERVATION OVERLAY DISTRICT (HPD) FLOODPLAIN OVERLAY DISTRICT (FD) REPEALER EFFECTIVE DATE 1-1 2-1 3-1 4-1 5-1 . 6-1 .l 7-1 8-1 9-1 :!E; 12-1 13-1 14-1 15-1 16-1 17-1 18-1 19-1 20-1 21-1 22-1 23-1 APPENDIX: Floodplain Zone Profile Floodplain Zoning Map - I ORDINANCE NO. AN ORDINANCE DIVIDING THE CITY OF EDINA INTO DISTRICTS AND REGULATING THE USES, INTENSITY OF DEVELOPMENT, LOCATION, ARRANGEMENT, SIZE AND HEIGHT OF BUILDINGS AND STRUCTURES IN EACH DISTRICT, CREATING A BOARD OF APPEALS AND ADJUSTMENTS, PRESCRIBING A PENALTY, AND REPEALING CITY ORDINANCES NO. 811 AND 816, FOR THE CONVENIENCE, PROSPERITY AND GENERAL WELFARE OF THE RESIDENTS IN THE CITY. PURPOSE OF PROMOTING THE HEALTH, SAFETY, ORDER, THE CITY COUNCIL OF THE SECTION 1. ' FINDINGS, CITY OF EDINA, ORDAINS: PURPOSE AND OBJECTIVES The City Council of the City of Edina finds that Edina has emerged from an era exemplified by unparalleled growth and development and has entered a period of stability, reuse and redevelopment; that some of the standards and regulations which guided initial development of the City are not appropriate for guiding future development and redevelopment; and that standards and regulations for guiding-future development and redevelopment should be based upon the stated goals, objectives and policies of the City of Edina Comprehensive Plan, as from time to time amended, which constitutes the City of Edina's statement of philosophy concerning the use of land within its jurisdiction. Through the enactment of this ordinance, the City Council intends to implement this statement of philosophy so as to provide for the orderly and planned development and redevelopment of lands and waters in Edina, to maintain an attractive living and working environment in Edina, to preserve and enhance the high quality residential character of Edina and to promote the public health, safety, morals and general welfare. Specifically, this ordinance is intended to implement the following objectives, some of which are contained in the Comprehensive Plan: 1. To maintain, protect and enhance single family detached dwelling neighborhoods as the dominant land use. -2. .To encourage orderly development of multi-family housing that offers a wide range of housing choice, density and location while maintaining the overall high quality of residential development. 3. To control the use, development and expansion of certain non-residential uses in the single dwelling unit district in order to reduce or eliminate undesirable impacts of such non-residential uses. 1-1 4. To encourage a more creative and imaginative approach to the development of multi-family developments. 5. To provide an enjoyable living environment by preserving existing topography, vegetation, streams, water bodies and other natural land and water fgrms. 6. To encourage mixed use developments which: A. Provide housing for persons of low and moderate income. B. Include recreational facilities and parks. C. Harmoniously integrate residential and non-residential uses. D. Encourage the increased use of mass transit. E. Reduce employment-related automobile trips. 7. To encourage orderly development, use and maintenance of office, commercial and industrial uses which are compatible with the residential character of the City. 8. To recognize and distinguish commercial districts at the neighborhood level, the community level and the regional level, so as to provide retail establishments compatible--in use and scale with surrounding properties, especially those used for residential purposes. 9. To establish requirements for parking and loading to minimize impacts on public streets and surrounding properties. 10. To establish standards for landscaping and screening to contribute to the beauty of the community, add to the urban forest and buffer incompatible uses from one another. 11. To preserve buildings, lands, areas and districts which possess historical or architectural significance. -- ~ ._ .. . 12, To protect surface and ground water supplies, minimize the possibility of periodic flooding resulting in loss of life and property, health and safety hazards and related adverse effects. 13. To allow interim uses of closed public school buildings. This ordinance divides the City into districts and establishes minimum requirements for these districts as to the location, height, parking, landscaping, bulk, mass, building coverage, de6sity and setbacks of buildings and structures and the use of buildings, structures and 1-2 properties for residences, retailing, offices, industry, recreation, institutions and other uses. This ordinance also provides procedures for the transfer of property to another district, procedures for the issuance of conditional use permits, establishes the Board of Appeals and Adjustments, provides for the administration of this ordinance, and establishes penalties and remedies for violations. This ordinance also . establishes overlay districts designed to preserve buildings, lands, areas and districts of historic or architectural significance and to protect surface and ground water supplies and minimize the possibility of periodic flooding resulting in loss of life and property, health and safety hazards and-related adverse effects. , 1-3 SECTION 2. SHORT TITLE The short title by which this ordinance may be referred to shall be the "Zoning Ordinance. 2-1 SECTION 3. RULES OF CONSTRUCTION; INTERPRETATION; SEVERABILITY; DEFINITIONS A. Rules of Construction. In construing this ordinance,' the following rules of construction shall govern, unless their observance would involve a construction inconsistent with the manifest intent of the Council, or be repugnant to the context of the ordinance: 1. Words used in the present tense shall include the past and future tenses, and the future tense shall include the present. 2. Words in the singular shall include the plural, and the plural shall include the singular. 3. The word ffshall'l is mandatory, and the word 9nayl8 is permissive. 4. The use of one gender shall include all other genders. 5. References herein to the Manager, Planner, Assessor, Engineer, Building Official and Clerk shall mean the person who then holds that position in the City, unless otherwise expressly stated. 6. The use of the phrase "used for" shall include the phrases "designed for," "intended for," "improved for," "maintained for, "offered for," and "occupied for." 7. Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a special meaning, or are def.ined in this ordinance, shall be construed according to such spscial meaning or their definition. 8. References in this ordinance to this ordinance or to another City ordinance, whether or not by specific number, shall mean this ordinance, and the referred-to ordinance, as it is in force as of the effective date of this ordinance, and as such ordinance may from time to time thereafter be amended and modified, and shall also mean and include such ordinances as may supersede or be substituted for the ordinance so referred to. B. Interpretation. The provisions of this ordinance shall be the minimum requirements for the promotion of the public health, safety, . morals and general welfare. It is not the intention of this ordinance to interfere with, abrogate or annul any covenant or agreement between parties. Where this ordinance imposes greater restrictions than any other applicable statute, ordinance, rule or regulation, this ordinance shall control when and to the extent allowed by state statute. Where any other applicable statute, ordinance, rule or regulation, including, without limitation, as to section 21 hereof, those of the Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District, and the 3-1 , Minnesota Department of Natural Resources, imposes greater restrictions than this ordinance, such other statute, ordinance, rule or regulation shall control. The section, subsection and paragraph headings are for reference only, and shall not be used to interpret, enlarge or detract from the provisions of this ordinance. Any use not specifically allowed by this ordinance in a district as a principal, accessory or conditional use, shall not be allowed or permitted in that district by implication, interpretation or other construction of, or meaning given to, the wording of this ordinance. . C. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable as to any person or circumstance, the application of such section, subsection, paragraph, sentence, clause or phrase to persons or circumstances other than those as to which it shall be invalid or unenforceable, shall not be affected thereby, and all other provisions of this ordinance, in all other respects, shall be and remain valid and enforceable. D. Definitions. The following words, terms and phrases, as used herein, have the following meanings: Accessory Building: A separate building or structure or a portion of a principal building or structure used for accessory uses. Accessory Use: A use allowed by this ordinance which is subordinate to the principal use in terms of purpose, scope and extent and is located on the same lot as the principal use. 8 Alley: A public right of way less than 30 feet in width which is used or usable for a public thoroughfare. Alteration: A physical change in a building or structure that requires the issuance of a building permit in accordance with the ordinances of the City, but excluding changes to mechanical equipment such as furnaces and boilers. Apartment Building: A residential building having not less than . --t-hree dwelling units in a single building with at least one dwelling unit occupying a different story or stories than other dwelling units in the same building. Automobile Service Center: A principal building and its accessory buildings in which batteries, tires, brakes, exhaust systems or other automobile parts are repaired or replaced, including tune-ups, wheel balancing and alignment, but excluding body and chassis repair, painting, engine rebuilding and any repair to vehicles over two ton capacity. Gasoline and oil may be dispensed as an incidental use. 3-2 Basement: A floor level of a building which is located partly or completely underground. Board: The Board of Appeals and Adjustments of the City established by this ordinance. Building: A structure used or intended for sheltering any use, . property or occupancy. BuilCling Coverage: The percentage of the lot area occupied by, buildings and structures. Building Height: The distance measured from the average proposed ground elevation adjoining the building or structure at the front building line to the top of the cornice of a flat 'roof, to the deck line of a mansard roof, to a point on the roof directly above the' highest wall of a shed roof, to the uppermost point on a round or other arch-type roof, or to the average distance of the highest gable on a pitched or hip roof. Car Wash: A principal building which is equipped with a conveyor system and other mechanical equipment and facilities for washing motor vehicles. Car Wash - Accessory: An accessory building or part of a principal building equipped with mechanical equipment and facilities (but not a conveyor sys.tem). for washing motor vehicles and which is accessory to an automobile service center or gas station. An accessory car wash shall comprise only one normal service bay of an automobile service center .or gas stat ion. City: The City of Edina. Club: A non-profit organization with bona fide members paying .annual dues, which owns, hires or leases a building, or portion thereof, the use of which is restricted to members and their guests . -Commission: The 'Community ',Development . and -Planning - Commission of the City. Community Center: A building, or portion thereof, which houses public. health facilities, governmental offices and meeting rooms, social service facilities, meeting rooms and facilities for civic and cultural organizations, and groups and publicly sponsored recreational activities, or any combination thereof, all of which are intended for the use and benefit of residents of the City. 3-3 Comprehensive Plan: The comprehensive municipal plan adopted by the Council, as from time to time amended, all pursuant to state statutes. Conditional Use: A use allowed by this ordinance only pursuant to the issuance of a conditional use permit. Convalescent Home: A building or group of buildings licensed by the Minnesota Department of Public Welfare for the care of children, the aged or infirm, or a place of rest and care for those suffering physical or mental disorders. Hospitals, clinics, maternity care homes, and. other buildings or parts of buildings containing surgical equipment are not included. Council: Counseling Service: A public or private organization which provides advice and assistance concerning such matters as career objectives, chemical and alcohol abuse and health prcblems. Counseling services do not include employment agencies, attorneys' offices' or uses which are typically located in business or professional offices. The Council of the City. 8 Curb Elevation: The average elevation of the constructed curb of the street along a front lot line. Where there is no constructed curb, the Engineer shall establish the curb elevation for purposes of this ordinance, - . . Day: A calendar day. Day Care: A service providing care and supervision for part of a day for individuals who are not residents of the principal building in which the service is located. Deck: A structure which is "either free-standing or attached to a principal or accessory building, constructed at grade or above grade, intended or designed for use as outdoor living space and unenclosed by solid or non-solid walls or a roof. Enclosures or covered areas such as gazebos, breezeways and porches which may if they are free-standing or as a part of the principal building . if attached to the principal building. be integral to a deck shall be considered as accessory.buiJdings - .- District: A geographic area or areas of the City sharing the same zoning classification for which this ordinance establishes restrictions and requirements. A district may be divided into subdistricts. Drive-In: A principal or accessory use which sells or serves products or merchandise to customers waiting in vehicles who then consume or use the product or merchandise within the 3-4 8 .. vehicle while on the lot occupied by the principal or accessory use. Drive-Through Facility: An accessory use which provides goods or services to customers waiting in vehicles who then leave the lot to consume or utilize any goods which may have been received. Employees of the principal use shall not leave the confines of the principal or accessory building to dispense said goods or services. One or -more rooms connected together, but which is or are separated from all other rooms in the same building, which room constitutes, or rooms constitute, a separate, independent unit with facilities for cooking, sleeping and eating, and used for residential occupancy. A room or rooms shall be deemed to be a dwelling unit if it contains or they contain facilities for cooking, sleeping and eating, if it or they can be separated from all other rooms in the same building, if access can be gained without entering or passing through any living space of another dwelling unit, and if it is or they are used for residential occupancy. --Dwelling Unit: Efficiency Apartment: A dwelling unit consisting of one room exclusive of bathroom, kitchen, hallway, closets or dining alcove directly adjoining the one room. Efficiency Dwelling Unit: See Efficiency,.Apartment. Frontage: That portion of a lot line which coincides with the right of way line of a street. Garage - Accessory: An accessory building or portion of a principal building which is principally used for the storage of motor vehicles owned by the occupants of the principal building. Garage - Repair: A principal building used for the repair of motor vehicles or the storage, for a fee, of motor vehicles for periods exceeding 24 hours. Gas Station: .A.principal building and- its accessory structures .. ... _-.. used for the sale of motor fuels and oils, where automotive . accessories and convenience goods may be sold, but where repair and servicing of motor vehicles does not occur; provided, . however, that an accessory car wash is permitted. If repair and/or servicing are provided, the use shall be classified as an automobile service center. Gross Floor Area: The sum of the horizontal areas of all the floors of a building as measured from (i> the exterior faces of the exterior walls, (ii> the exterior window line of the 3-5 a exterior walls in the case of a building with recessed windows, or (iii) the center line of any party wall separating two buildings. Gross floor area includes basements, hallways, interior balconies and mezzanines, enclosed porches, breezeways and accessory buildings not used for parking. Gross floor area does not include accessory garages, parking r.amps, parking. garages, areas not enclosed by exterior walls, mechanical rooms, patios, decks, restrooms, elevator shafts or stairwells. Use of the phrase "floor area" in this ordinance shall mean "gross floor area" as herein defined, unless otherwise specifically stated. Helistop: An area, either at ground level or elevated on a structure, used for landing and takeoff of helicopters. Hotel: A building, or group of buildings, which, in whole or in part, contains rooms used for sleeping or transient occupancy. Lodge Hall : A hall for, or meeting place of , the members of a local branch of a fraternal order or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizatons. Lot: The basic development unit for purposes of this ordinance. A lot may consist of one parcel or two or more adjoining parcels under single ownership or control, and used for a principal use and accessory..,.uses allowed by this ordinance. A lot, except lots in a townhouse plat, must have at least 30 feet frontage on a street other than a limited access f xeeway. I. 8 Lot Area: The area within the lot lines exclusive of la-d located below the ordinary high water elevation of lakes, ponds and streams. Lot - Corner: A lot at the junction of and abutting on two or more intersecting streets, or at the point of deflection in alignment of a single street, the interior angle of which does not exceed 135 degrees. Lot Depth: The horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. The greater frontage of a corner lot is its depth and the lesser - frontage is its width. - .- --_ . .. Lot - Interior: A lot other than a corner lot. Lot Line - Front: The boundary of a lot having frontage on a street. The owner of a corner lot may select either frontage as the front lot line. 3-6 Lot Line - Interior: Any boundary of a lot not having frontage on a street. Lot Line - Rear: The boundary of a lot which is most distant from, and approximately parallel with, the front lot line. Lot Line - Side: Any boundary of a lot which-4s not a front or rear lot line. Lot - Through: An interior lot having frontage on two streets. Lot - Width: The horizontal distance between side lot lines measured at right angles to the line establishing the lot depth at a point of 50 feet from the front lot line. Motel: See Hotel. Motor Hotel: See Hotel. Multi-Residential Use: A residential use permitted in the Planned Residence District and the Mixed Development District. Non-Conforming Building: A building or structure which does not meet the requirements of the zoning district in which it is located due to the enactment of this ordinance or any amendment thereto, but which was lawfully existing as of the date of its construction or placement. -. .-.. . Non-Conforming Lot: A lot which does not meet the requirements of the zoning district in which it is located, or .of the subdivision ordinances of the City, due to the enactment of this ordinance, or-of such subdivision ordinance, or any amendments to either thereof; but which met all such requirements as of the date the lot was established or created of record. Non-Conforming Use: A principal or accessory use which does not meet the requirements of the zoning district in which it is located due to the enactment of this ordinance, or any amendment hereto, but .which was a lawful use as of the date it was first commenced. - Non-Profit Organization: An organization which is qualified for tax exemption under Sections 501(c)(3) or 501(c)(4) of the Internal Revenue Code of 1954, as amended. Nursing Home: See Convalescent Home. Outlot: A designation for a parcel of platted property which is to be dedicated to the public, reserved for future development, conveyed to and owned by an association of owners of lots in a 3-7 townhouse plat, or otherwise excepted from the plat. Outlots shall not be improved with any buildings or structures (except those which are publicly owned) unless first subdivided into lots and blocks pursuant to the subdivision ordinance of the City. Parcel: A unit of land with fixed boundaries described by lot and block and reference to a recorded plat approved by the duly adopted resolution of the Council, or by a metes and bounds, OE other, description. A parcel may or-may not be a lot as defined in this section. Parking Garage: A building which is totally encl’osed by walls and a roof, and containing one or more levels for the short-term parking of vehicles. Parking Ramp: A structure which is not totally enclosed, containing one or more levels for the short term parking of vehicles. Patio: A portion of a lot which is improved with a surfacing material including, but not limited to, concrete, asphalt or decorative bricks, which is intended or designed for use as outdoor living space and is not enclosed by solid or non-solid walls or a roof. Enclosures or covered areas such as gazebos, breezeways and porches which may be integral to a patio will be considered as accessory buildings if they are free-standing or as part of the principal building if attached to the principal building. Principal Building: A building which is used for principal uses including enclosed seasonal living areas such’ as porches and breezeways which are attached to the principal building. ‘ Residential Building: A building used for residential purposes or residential occupancy. Residential Occupancy: The use of a room or rooms for housekeeping purposes by the owner of the property, or by a lessee or occupant; for periods of 30 days or more for a rental, fee, or other compensation, or pursuant to other arrangements with the owner. . Residential Use: See Residential Occupancy. Rest Home: See Convalescent Home. Senior Citizen Dwelling Unit: (i> A one bedroom dwelling unit within an apartment building with a kitchen,.bathroom, living and storage space, of not less than 550 square feet nor more 3-8 than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals, one of whom is 62 years of age or over; (ii) A one bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space, of not less than 550 square feet nor more than 700 square feet, and specifically designed for occupancy by a handicapped individual; and (iii) A two bedroom dwelling unit within an apartment building with a kitchen, bathroom, living and storage space, of not less than 750 square feet nor mqre than 850 square feet, and specifically designed for occupancy by a single individual 62 years of age or over, or two individuals, one of whom is 62 years of age or over. - Setback - Front Street: The shortest horizontal distance from the forwardmost point of a building or structure to the nearest point on the front lot line. Setback - Interior Side Yard: The shortest horizontal distance from any part of a building or structure to the nearest point on an interior side lot line. Setback - Rear Yard: The shortest horizontal distance from any part of a building or structure to the nearest point on a rear lot line. Setback - Side Street: The shortest horizontal distance from any part of a building or structure to.,Lhe-near.est point on a side lot line that adjoins a street. Shopping Center: A group of unified commercial establishments located on a single tract, permitted in the PC-1, PC-2 and PC-3 Districts, composed of not fewer than six separate and distinct business entities which are located in one or more buildings comprising not less than 25,000 square feet of gross floor area, and which share joint use of parking facilities, pedestrian ways, landscaping, traffic circulation and other amenities, in . accordance with and pursuant to a joint use agreement, in form and substance acceptable to the Planner and Engineer, duly signed and delivered by all owners and encumbrancers of the . --shopping center, and duly recorded in the proper office..to give constructive notice thereof. Story: That portion of a building included between the surface . of any floor and the surface of the floor next above, or if there is not a floor above, the space between the floor and the ceiling above. A basement with more than 50 percent of its exterior wall area located entirely below the proposed ground elevation adjoining the basement shall not be counted as a story. 'Street: improved as a public thoroughfare. A public right of way 30 feet or more in width which is 3-9 ? Structure: Anything built or constructed, an edifice or building of any kind, or any piece of work composed of parts joined together in some definite manner, except parking lots and driveways. Swimming Pool: A constructed pool, used for swimming or bathing, with a water surface area exceeding 150 square feet. The term shall also include the deck area required by City ordinances and any equipment appurtenant to the pool. Townhouse: A. dwelling unit attached to other dwelling units by common walls, side by side, extending from the foundation to the roof and without any portion of one dwelling unit located above any portion of another dwelling unit, and with each dwelling unit having a separate entrance from outside the building. Buildings with distinct, separate spaces, or designed for distinct, separate spaces, for office, commercial or induskrial uses, in a manner similar to a residential townhouse described above, shall be deemed townhouses for purposes of this ordinance. Townhouse Plat: The subdivision, by recorded plat apprzmed by- duly adopted resolution of the Council, of land for townhouses, or double dwelling unit buildings, whereby all lot lines are coterminous, or nearly so, with the boundaries of the foundation of each townhouse or double dwelling unit building, and the area of the land lying outside of the lots and within the subdivision is described as an outlot which is owned.by an association of owners of the lots in the townhouse plat. Tract: One or more adjoining lots, not separated by streets, under common ownership, located within the same zoning subdistrict, and used for an integrated development. Transient Occupancy: The use of a room or rooms for sleeping, cooking or eating, in a residential manner, for periods of less than 30 days and for a rental, fee, or other compensation, or pursuant to other arrangements with the owner, lessee or occupant of the premises. Yard - Front: An open, unoccupied space on the same- lot as a . "... -.__ building, which lies between the building and the front lot line, and extends from side lot line to side lot line. Yard - Rear: An open, unoccupied space on the same lot as a building, which lies between the building and the rear lot line, and extends from side lot line to side lot line. Some accessory buildings may be placed in the rear yard. Yard - Side: An open, unoccupied space on the same lot as a building, which lies between the building and the side lot line, 3-10 and extends from the front lot line to the rear lot line. Some accessory buildings may be placed in the side yard. Year: A period of 365 consecutive days. ... ... 3-1 1 4 SECTION 4. ADMINISTRATION AND PROCEDURES A. Variances and Appeals. 1. Organization of Board. There is hereby established a separate Board of Appeals and Adjustments of the City. All members . from time to time of the Commission shall be members, and the other members shall be four citizens of the City appointed for a term of three years by the Mayor with the consent of the majority of the members of the Council. For hearings, the Board shall consist, at a maximum, of any five members, but three members shall constitute a quorum for conducting such hearings and making decisions. However, at least one Commission member shall be in attendanc; at each Board meeting, and shall be deemed to be the representative of the Commission for purposes of review and report by the Commission as required by Minnesota Statutes Section 462.354, Subdivision 2. The Board shall make no decision until the Commission, or a representative of it, has had reasonable opportunity to review and report to the Board concerning the decision. All members shall serve without compensation, That Commission member in attendance at a meeting who has the then longest continuous service on the Commission shall be the Chairman for that meeting. Staff services shall be provided by the Planning Department. 8 2. Powers and Duties of Board. The Board shall have the power and duty of hearing and deciding, subject to appeal to the Council, the following matters: r. * -- .-.. (a) requests for variances from the literal provisions of this ordinance; and (b) appeals in which it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the interpretation or enforcement of this ordinance. 3. Petitions for Variances. The owner or owners of land to which the variance relates may file a petition for a variance with the Planning Department. The petition shall be made on forms provided by the, Planning Department. . The petition shall be accompanied by plans and drawings which clearly illustrate, to the satisfaction of the Planner, or his designee, the improvements to be made if the variance is granted. The Planner may require the . petitioner to submit a certificate by a registered professional land surveyor verifying the location of all buildings, setbacks and building coverage, and certifying other facts that in the opinion of the Planner are necessary for evaluation of the petition. 4. Appeals of Administrative Decisions. A person who deems himself aggrieved by an alleged error in any order, requirement, 4-1 decision or determination made by an administrative officer in the interpretation and enforcement of this ordinance, may appeal to the Board by filing a written appeal with the Planning Department within 30 days after the date of such order, requirement, decision or determination. The appeal shall fully state the order to be appealed and the relevant facts of the matter. 5. Hearing and Decision by the Board; Notice. (a> Within 60 days after the Planner, or his designee, determines that a variance petit2on is complete, and all required fees and information, including plans, drawings and surveys, have been received, or within 60 days after the filing of an appeal of an administrative decision, the Board shall conduct a public hearing and after hearing the oral and written views of all interested persons, the Board shall make its decision at the same meeting or at a specified future meeting thereof. (b) Notice of variance hearings shall be mailed not less than ten days before the date of the hearing to the person who filed the petition for variance and to each owner of property situated wholly or partially within 200 feet of the property to which the variance relates insofar as the names and addresses of such owners can be reasonably determined by the Clerk from .records maintained by the Assessor. , -. (c> A notice of hearing for appeals of administrative decisions shall be published in the official newspaper of the City not less than ten days before the hearing. A notice shall also be mailed to the appellant. (d) No new notice need be given for any hearing which is continued by the Board to a specified future date. 6. Findings For Variances. The Board shall not grant a Detition for a variance unless it finds that the strict enforcement of this ordinance would cause undue hardship because of circumstances unique to the petitioner's property and that the grant of said .variance is.in keeping with the spirit and. intent of this ordinance. "Undue hardship'' means that the property' in question cannot be put to a reasonable use as allowed by this ordinance, the plight of the petitioner is due to circumstances ,unique to his property which were not created by the petitioner,-and 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 th5s ordinance. ' 4-2 7. Appeals from Decisions of the Board. (a) The following individuals may appeal a decision of the Board : (i) any petitioner for a variance; (ii) any owner to whom notice of the variance hearing is required to be mailed pursuant to this ordinance; (iii) the appellant in the case of an appeal of an administrative decision; (iv) any person who deems himself aggrieved by the Board's decision on the appeal of an administrative decision; and (v> any administrative officer of the City. (b) An appeal from a decision of the Board shall be filed with the Clerk no later than ten days after the decision by the Board. If not so filed, the right of appeal shall be deemed waived, and the decision of the Board shall be final. 8. Hearing and Decision by Council. The Council shall hear and decide all appeals from the decisions of the Board. The appeal shall be heard not later than 60 days after-the date the appeal is filed. The Council shall .follow the same procedures as to notices, hearings, findings for variances and decisions that the Board is required to follow relative to the subject matter of the appeal pursuant to this ordinance, unless such procedures have then been changed by amendment to this ordinance, in which event, the then applicable procedure shall be used. 8 9. Conditions on Variance Approvals. In granting a variance, the Board, or the Council on appeal, may impose conditions to insure compliance with the purpose and intent of this ordinance and to protect adjacent properties. 10. Form of Action Taken and Record Thereof.. The Board, or the Council on appeal, shall maintain a record of its proceedings which shall include the minutes of its meetings and final order concerning the variance petition or appeal of administrative decision. If a . variance is granted, the petitioner, at its expense, shall duly record the final order in the proper office to give constructive notice thereof. A verified copy of such order, with the recording data thereon, shall be delivered to the Planner. The Board, or the Council on appeal, may require such order to be recorded and such verified copy delivered to the Planner before the variance shall be effective. 4-3 11. Lapse of Variance By Non-User; Extension of Time. (a) If, within one year after the date of the meeting of the Board, or the Council on appeal, at which the variance was granted, the owner or occupant of the affected land shall not have obtained a building permit, if one is required, and commenced the work or improvement described in such petition, the variance shall. become null and void unless a petition for extension of time in which to commence the proposed work or improvement has been granted as provided herein. (b) A petition for extension shall be in writing and filed with the Clerk within such one year period. The petition for .extension shall state facts showing a good faith attempt to use the variance and shall state the additional time requested to commence the proposed work or improvement. The petition shall be presented to the Board for hearing, findings and decision in the same manner as the original petition for variance, unless such procedures have then been changed by amendment to this ordinance, in which event the then applicable procedure shall be used. The Board may grant an extension of the variance for up to one year upon finding that a good faith attempt to use the variance has been made, that there is a reasonable expectation that the variance will be used during the extension, that speculation will thereby not be fostered, and that the facts and circumstances under which the original variance was granted are not materially changed. B. Rezoning. 1. Initiation of Rezoning Process. (a) A petition for rezoning may be initiated by the owner or owners of land proposed for transfer to another district or subdistrict, the Council or the Commission. (b) A petition by an owner shall be on forms provided by the Planning Department, shall be submitted with plans, data and information required herein, and such other information that, in pet i t ion. .~ the opinion of the Planner, are necessary for evaluation of the - 1. . ,. 2. Sign. The petitioner for rezoning shall erect, or cause to be erected, at least one sign per street frontage on the land described in the petition. The sign or signs shall be of a design approved by the Planning Department, shall be 36 inches by 60 inches in size, shall have letters at least four inches high using Helvetica medium typeface or other letter style approved by the Planning Department, shall be constructed of sturdy material, shall be neatly lettered, and shall be easily viewable from, and readable by persons 4-4 ... on, the adjoining street. The sign or signs shall contain the following information: "This property proposed for rezoning by: (Name of Petitioner or Applicant) (Telephone of Petitioner or Applicant) For information contact Edina Planning Department: Telephone No. 927-8861" The sign or signs shall be erected not less than ten days prior to the first hearing on the petition before the Commission. The petition shall not be deemed filed and the Comyission shall not be required to hold any hearings on the petition until the sign has been erected as herein required and for at least the required number of days preceding the hearing. The sign or signs at all times saall be kept in good repair and shall be maintained in place until a final decision on the petition has been made by the Council, and shall be removed by the petitioner within five days after suah final decision. The failure of any petitioner to fully comply with the provisions of this paragraph relating to such sign or signs shall not prevent the Commission and Council from acting on such petition nor invalidate any rezoning granted by the Council,. .If such signs are *not kept in good repair or removed as herein required, then such signs shall be deemed a nuisance and may be abated by the City by proceedings under Minnesota Statutes, Chapter 429, or any other then applicable statute, and the cost of abatement, including administrative expenses and attorneys' fees, may be levied as a special assessment against the property upon which the sign or signs are located. 3. Procedure for Rezoning to Planned Residential District, Mixed Development District, Regional Medical District, Planned Office District, Planned Commercial District and Planned Industrial District. . -. (a> -Preliminary Development Plan. The petitio= for rezoning shall include a Preliminary Development Plan drawn to a scale of not more than 50 feet to the inch upon which are shown the following data and information: 9 (i) a boundary survey, prepared by a Registered Land Surveyor, showing the entire outline, dimensions and area of the property to which the petition relates, and any existing- s<ructures, easements, water bodies, watercourses and floodplains located thereon; 4-5 .(ii> all existing structures, rights of way widths and traveled widths of all streets and alleys located within 100 feet of the perimeter of the property; (iii) the location, general exterior dimensions and height of all proposed structures, and approximate gross floor -area of non-residential buildings or number of dwelling units in residential buildings; (iv) the location, arrangement and number of automobile . parking stalls and truck loading facilities; and (v> such other information as is necessary, in the opinion of the Planner, to evaluate the petition, to determine consistency with the Comprehensive Plan, and to insure compliance with the requirements of this ordinance and other applicable City ordinances. (b) Commission Review of Preliminary Development Plan. Within 45 days after receipt by the Planning Department of the petition, fee and all other information herein required, in form and substance acceptable to the Planner, the Planning Department will review the petition, Preliminary Development Plan and the other information provided by the petitioner, and forward a report to the Commission. The Commission shall review the report of the Planning Department and send its recommendation to the Council. Zonin (c> Council Hearings and Decision; Preliminary g Approval. Upon request of the Planner, Manager or petitioner, and after review and recommendation by the Commission, the Council shall -conduct a public hearing regarding the petition and Preliminary Development Plan. The hearing shall be held not later than 60 days after the date of the recommendation by the Commission. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 500 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings which are contined by the Council to a specified future date. An affirmative vote of four-fifths of all members of the Council shall be required to grant preliminary rezoning approval. If preliminary rezoning approval is granted, the petitioner may prepare a Final 4-6 Development Plan. In granting preliminary rezoning approval, the Council may make modifications to- the Preliminary Development Plan and may impose conditions on its approval. The petitioner shall include such modifications, and comply with such conditions, in the Final Development Plan, or at such other time and by such other documents, as the Council may require or as shall be appropriate. (d) Final Development Plan. The Final Development Plan shall include all information and data delineated, or required to be delineated, on ‘the Preliminary Development Plan and, in + addition, the following data and information: (i> exact location and elevation drawings of all existing and proposed structures on the tract including a description of existing and proposed exterior building materials; (ii) the locations, dimensions and design features of all proposed streets, driveways, vehicular entrances and exits, driveway intersections with streets, parking areas, loading areas, maneuvering areas and sidewalks, together with dimensions and locations of all existing and proposed public and private easements therefor; (iii) a landscape plan and schedule in accordance with section 10 of this ordinance; (iv) a general overall grading plan indicating final grades and the direction and destination of surface drainage ; (VI location of all existing, and preliminary layout and design of all proposed, watermains, sanitary sewers, drainage facilities and storm sewers, together with dimensions and locations of all existing and proposed public and private easements therefor; and (vi) any other information necessary, in the opinion of with the Comprehensive Plan and to insure compliance with the requirements of this ordinance and other apRlicable City ordinances. (e) Commission Review of Final Development Plan. Within 45 days after submission of the Final Development Plan in form and substance acceptable to the Planner, the Commission shall review the Final Development Plan and shall recommend approval by the Council upon finding that the proposed development: . . ._._ . -the Planner; to evaluate the plan, *&determine- consistency . . -- 4-7 i (i) is consistent with the Comprehensive Plan; (ii) is consistent with the Preliminary Development Plan as approved and modified by the Council and containing the conditions imposed by the Council to the extent such conditions can be complied with by the Final Development Plan; (iii) will not be detrimental to properties surrounding t-he tract; ’ (iv) will not result in an overly-intensive land use; (v) will not result in undue traffic congestion or traffic hazards: (vi) conforms to the provisions of this ordinance and other applicable City ordinances; and (vii) provides a proper relationship between the proposed improvements, existing structures, open space and natural features. A recommendation of approval by the Commission shall be deemed to include a favorable finding on each of the foregoing matters even if not specifically set out in the approval resolution or the minutes of the Commission meeting. (f) Council Hearing and Decision; Final Rezoning. Within 60 days after the recommendation on the Final Development Plan by the Commission, the Council shall conduct a public hearing on the Final Development Plan in the same manner and with the same notices as required for preliminary rezoning approval. After hearing the oral and written views of all interested persons, the Council may accept or reject the findings of the Commission and thereby approve or disapprove the Final Development Plan. Final approval shall require a four-fifths favorable vote of all members of the Council. Approval may be made subject to modifications and conditions which, together with the preliminary rezoning approval and not done and fulfilled by the Final Development Plan, must be fulfilled and met, to the satisfaction of the Planner, before the final approval becomes effective. Approval of the Final Development Plan shall .also constitute final rezoning of the tract included in the plans, and the publication of the ordinance amendment effecting the zoning change shall thereby be authorized, but no publication shall be done until the modifications and conditions, if any, made by the Council have been met and fulfilled to the satisfaction of the Planner. . .. modifications and conditions made by the Council .at the .time of - . 4-8 ._ . . (g) Exceptions From Lot Area, Dimensions, Building Bulk, Setbacks and Height Requirements. The Council may authorize exceptions from otherwise applicable lot area, dimensions, building bulk, setbacks and height requirements in connection with and at the same time as final rezoning approval. (h) Filing. The approved Final Development Plan shall be filed in the Planning Department. (i) Development. The development of the tract shall be done and accomplished in full compliance with the approved Finel Development Plan, as modified by, and with the conditions made by, the Council, and in full compliance with this ordinance and other applicable City ordinances. Applications for build,ing permits shall be reviewed by the Planning Department prior to issuance of such permits to determine if they conform to the provisions of this ordinance, the approved Final Development Plan, as modified by, and with the conditions made byb the Council, and other applicable City ordinances. (j> Changes to Approved Final Development Plan. Minor changes in the location and placement of buildings or other improvements due to unforseen circumstances may be authorized by the Planner. Proposed changes to the approved Final Development Plan affecting structural types, building coverage, mass, intensity or height, allocation of open space and all other changes which affect the overall design of the property shall be acted on, reviewed and processed by the Commission and Council in the same manner as they reviewed and processed the Final Development Plan, except that a three-fifths favorable vote of . the Council shall be required to authorize the proposed change. f 4. Procedure for Rezoning to Single Dwelling Unit District, Double Dwelling Unit District and Automobile Parking District, (a) Commission Review. Within 45 days after receipt of the petition in form and substance acceptable to the Planner, and required fee, the Commission shall review the report of the Planning Department and send its recommendation to the Counoil. < __ .. .. (b) Council Hearing and Decision; Preliminary Rezoning Approval. Upon request of the Planner, Manager or pet&tioner, and after review and recommendation by the Commission, the Council shall conduct a public 'hearing regarding the petition. The hearing shall be held not later than 60 days after the date of the recommendation by the Commission. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten days prior to the date of the hearing. A similar notice of hearing shall be mailed at least ten days before the date of the hearing to each 4-9 owner of property situated wholly or partly within 500 feet of the tract to which the petition relates insofar as the names and addresses of such owners can reasonably be determined by the Clerk from records maintained by the Assessor. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings which are continued to a specified future date. An affirmative vote of four-fifths of all members of the Council shall be required to grant preliminary rezoning approval. In granting preliminary rezoning approval, the Council may make modifications to, and impose conditions on, the proposed rezoning. .. (c) Final Rezoning Approval. Upon request of the Planner, Manager or petitioner, after preliminary rezoning approval has been granted and after the modifications and conditions made and imposed by the Council have been met and fulfilled to the satisfaction of the Planner, the Council shall place the petition on its agenda and shall thereupon consider final rezoning approval. An affirmative vote of four-fifths of all members of the Council shall be required to grant final rezoning approval. Final rezoning approval shall include authorization to publish the ordinance amendment effecting the zoning change. Approval may be made subject to modifications and conditions which must be fulfilled and met, to the satisfaction of the Planner, before the final approval bec0Mes:effective and before the ordinance amendment is published. 5. One Year Limitation on Preliminary Rezoning Approval. Any petition which has not been granted final rezoning approval by the Council within one year after the date it received preliminary approval, shall be deemed rejected by the Council and the petition must again be filed, processed and approved pursuant to this ordinance as if it were a new petition. 6. Restriction on Rezoning After Denial of Petition. After the Council has denied a petition for rezoning, the owner of the tract to which the petition related may not file a new petition for a _. .period of one year following the date of such-denial for transfering the same tract, or any part thereof, to the same district or subdistrict (if the district has been divided into subdistricts) to which such transfer was previously denied. Provided, however, that ' .. such petition may be filed if so directed by the Council on a three-fifths favorable vote of all members of the Council after presentation to the Council of evidence of a change of facts or circumstances affecting the tract. 7. Lapse of Rezoning by Non-User. If a building permit (if one is required) has not been obtained, and if the erection or alteration -of a building, as described in the petition, has not 4-10 -- . .. . . , - commenced, within two years after final rezoning approval of the tract by the Council, then the Commission, at any time, and from time to time thereafter, and until such building permit is obtained and such erection or alteration commenced, may review the zoning classification of such tract to determine if it continues to conform with the Comprehensive Plan. Based upon such review, the Comission . may recommend to the Council that the final rezoning approval of the tract as prevously granted be rescinded and become null and void, or that the tract be transferred to a different zoning district. The recommendation of the Commission shall be presented to the Council . for hearing and decision, and notice shall be given in the same manner as the original petition for rezoning as provided by this ordinance, unless such procedures have then been changed by amendment to this ordinance, in which event the then applicable procedure shall be used. The Council may accept or reject the recommendation of the Commission and rescind the previously granted final rezoning. approval, transfer the tract to a different zoning district, or reaffirm the final rezoning approval previously granted. C. Transfer to Planned Districts by This Ordinance. 1. Improved Lots. Any lot transferred by this ordinance to a planned district, including, without limitation, the Planned Residential District, Planned Office District, Planned Commercial District, Planned Industrial District, Mixed Development District or Regional Medical District, which, on the effective date of this ordinance, is improved with a building or buildings, shall not be - required to comply with the provisions of section 4 of this ordinance relative to a transfer of that lot to such planned district; provided, however, that: (a) no new buildings shall be constructed on the lot, (b) no building existing on the lot as of the effective date of this ordinance shall be added to or enlarged in any manner, (c) no dwelling units shall be akded, and . (d) no such .existing building,. if. damaged or. destroyed by ~ fire,' wind, earthquake, explosion or other casualty, shall be restored or repaired if the cost of restoration or repair exceeds one-half of the fair market value of the entire building . on the date immediately prior to the date of such casualty (as such cost and fair market value are determined by the Assessor, or other person selected by the Manager), unless, in each case of (a), (b), (c> and (d) above, the then owner or owners of the lot shall comply with and complete the process for Final Development Plan approval established by paragraphs 3(d) through 3(j) of 4-1 1 section 4 of this ordinance and shall comply with all other provisions of this ordinance. The requirements of this paragraph are in addition to those in section 7 of this ordinance relating to non-conforming uses, buildings and lots, which shall also be complied with to the extent applicable. 2. Unimproved Lots. Any lot transferred by this ordinance to a planned district, including, without limitation, the Planned Residential District, Planned Office District, Planned Commercial District, Planned Industrial District, Mixed Development District or Regional Medical District, which, on the -effective date of this ordinance, is not improved with a building or buildings shall be required, notwithstanding the transfer to such district by this ordinance, in connection with any improvement of the lot, to comply with and complete the process for Preliminary and Final Development Plan approval established by section 4 of this ordinance, and shall conform to and comply with all other provisions of this ordinance. D. Conditional Use Permits. 1. Initiation of Conditional Use Permit. (a> An application for a conditional use permit may be * initiated by the owner or owners of the, lot or building in quest ion. (b) The application shall be on:.forms provided by the Planning Department, shall be submitted with plans, data and information required herein, and such other information as, in the opinion of the Planner, are necessary for evaluation. of the application. 2. Sign. All provisions and requirements in this ordinance relating to erection of a sign in connection with a rezoning of property. shall apply to the applicant for a conditional use permit, and the applicant shall comply with all such provisions and requirements, except that the sign shall state that a conditional use permit is proposed for the property instead of rezoning. 3. Application Data. (a) If the conditional use permit is requested to allow a principal or accessory use that requires the construction of a new building or its accessory use facilities, or additions or enlargements to an existing building or its accessory use facilities, the application shall be drawn to a scale acceptable to the Planner, and be accompanied by plans containing the following date and information: .. . (i) elevation drawings of all new buildings or accessory use facilities, or additions and enlargements to 4-12 existing buildings or accessory use facilities, including a description of existing and proposed exterior building materi a~s ; (ii) the location, dimensions and other pertinent information as to all proposed and existing buildings, structures and other improvements, streets, alleys, driveways, parking areas, loading areas and sidewalks; (iii) -a lancscape plan and schedule in accordance with section 10 of this ordinance; (iv) a floor plan showing the location, arrangement and floor area of existing and proposed uses; and (VI any other information required, in the opinion of the Planner, to evaluate the application, to determine consistency with the Comprehensive Plan, and to ensure compliance with the requirements contained in this ordinance and other applicable City ordinances. (b) If the conditional use permit is requested to allow a principal or accessory use that does not require construction of a new building or its accessory use facilities, or additions or enlargements to an existing building or its accessory use facilities, the application shall be accompanied by plans 8 showing : *. 1 - (i) the location, arrangement and floor area of existing and proposed uses; (ii) the location, dimensions and other pertinent information as to all buildings, structures, streets, alleys, driveways, parking areas, loading areas, sidewalks and landscaping; and (iii) any other information required, in the opinion of the Planner, to evaluate the application, determine consistency with the Comprehensive Plan, and insure compliance . with the .requirements- .con$ained in this ordinance and other applicable City ordinances. 4. Commission Review and Recommendation. Within 45 days after receipt by'the Planning Department of the application, fee and all other information herein required, in form and substance acceptable to the Planner, the Planning Department shall review the application and other information provided by the applicant and forward a report to the Commission. The Commission shall review the report of the Planning Department and send its recommendation to the Council. 4-1 3 5. City Council Hearing and Decision. Upon request of the Planner, Manager or applicant, and after review and recommendation by the Commission, the Council shall conduct a public hearing regarding the application. The hearing shall be held not later than 60 days after the date of the recommendation by the Commission. A notice of the date, time, place and purpose of the hearing shall be mailed at least ten days before the date of the hearing to each owner of property situated wholly or partly within 500 feet of the tract to which the application relates insofar as the names and addresses of such owners can reasonably.be determined by the Clerk from records maintained by the'Assessor. After hearing the oral and written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future date. No new notice need be given for hearings which are continued to a specified future date. The Council shall not grant a conditional use permit unless it finds that the establishment, maintenance and operation of the use: (a) will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals and general welfare; (b) will not cause undue traffic hazards, congestion or parking shortages; (c) will not be injurious to the use and enjoyment, or decrease the value, of other property in the vicinity, and will -_ not be a nuisance; . - .*. (d) will not impede the normal and orderly development and improvement of other property in the vicinity; (e) will not create an excessive burden on parks, streets and other public facilities; (f) conforms to the applicable restrictions and special conditions of the district in which it is located as imposed by this ordinance; and (g) is consistent with the Comprehensive Plan. , .-. ~. Approval of a conditional use permit requires a three-fifths favorable vote of all members of the Council. A favorable vote by the Council shall be deemed to include a favorable finding on each of . the foregoing matters ..even if -not specifically set out in the approval resolution or the minutes of the Council meeting. 6. Conditions and Restrictions. The Commission may recommend that the Council impose, and the Council without such recommendation may impose, such conditions and restrictions upon the establishment, location, construction, maintenance or operation of the use as deemed 4-14 8 necessary for the protection of the public interest and adjacent properties, to ensure compliance with the requirements of this ordinance and other applicable City ordinances, and to ensure consistency-with the Comprehensive Plan. The Council may require such evidence and guarantees as it may deem necessary to secure compliance with any conditions imposed herewith. No use shall be established or maintained, and no- building or other permit for establishing or maintaining such use shall be granted, until all conditions imposed by the Council, to be met and fulfilled prior tc such establishment or maintenance, are met and fulfilled to the satisfaction of the Planner. 7. Expansions of Conditional Uses. No use allowed by conditional use permit, or any building or structure accessory thereto, shall be increased in gross floor area or height, nor shall any off-street parking facilities accessory thereto be enlarged in surface area, to accommodate additional automobiles, without first obtaining, in each instance, a conditional use permit therefor. 8. Restriction on Resubmission After Denial. No application for a conditional use permit which has been denied by the Council shall be resubmitted for a period of one year following the date of such denial by the Council. Provided, however, that such application may be resubmitted if so directed by the Council on a three-fifths favorable vote of all members of the Council after presentation to the Council of evidence of a change of facts or circumstances affecting the proposed use or tract on which It is to be located. 8 9. Lapse of Conditional Use Permit by Non-User; Extension of Time. (a> If within two years after the date of the meeting at which the conditional use permit was granted the use described in the application has not commenced, the conditional use permit shall become null and void unless a petition for extension of time has been granted as provided herein. (b) A petition for extension shall be in writing and filed with the Clerk within two years after the date of the meeting at extension shall state facts showing a good faith attempt to use the conditional use permit and shall state the additional time requested to commence the use. Such petition shall be presented . to the Council for hearing and decision in the same manner as the original application unless such procedures have been changed by amendment to this ordinance, in which event the then applicable procedure shall be used. The Council may grant an - . _. .-_. - . - which the conditional use permit was *granted. -The petition for . .. extension of the conditional use permit for up to one year upon finding that: 4-15 (i> a good faith attempt to use the conditional use permit has been made, (ii) there is a reasonable expectation that the conditional use permit will be used during the extension, and (iii) the facts which were the basis for the findings under which the original conditional use permit was granted have not materially changed. No more than one extension shall be granted. For purposes of this paragraph, a use shall be deemed commenced when all work described in the original application, or information provided therewith, has been completed and received final City approvals and the use is operating for the purposes described in the original application. I E. Fees and Charges. 1. Petitions and Applications. Each petition or application filed with or submitted to the City pursuant to this ordinance shall not be deemed filed or submitted, and the City shall have no duty to process it, to act on it or respond to it, unless and until there is paid to the City the applicable fee for such petition or application, as then required by City Ordinance No. 171. This paragraph shall not apply to petitions or applications filed or submitted by the Council, the Commission or any City official in its official capacity. 2. Administrative ' Expenses and Attorneys' Fees. Each petitioner and applicant, by filing or submitting a petition or application, shall have agreed to pay all administrative expenses and attorneys' fees, with interest and costs as herein provided, incurred by the City in connection with or as a result of reviewing and acting on such petition or application. If more than one person signs a petition or application, all such signers shall be jointly and severally liable for such expenses and fees, with interest and costs as herein provided. The expenses and fees to be paid to the City pursuant to this paragraph shall be payable upon demand made by the City, and if not paid within five days after such demand is made, 'shall .bear interest from the date of demand until paid.at a rate equal to the lesser of the highest interest rate allowed by law or two percentage points in excess of the prime rate. Said petitioners and applicants shall also pay all costs, including attorneys' fees, incurred by the City in collecting such expenses, fees and interest, with interest on such costs of collection from the dates incurred until paid, at the same interest rate as is payable on such expenses and fees. For purposes hereof, prime rate shall mean the rate publicly announced from time to time by First Edina National Bank, or any successor thereto, as its prime rate, and if such bank, or its successor, ceases publicly announcing its prime rate, prime rate 4-1 6 0 shall mean the interest rate charged from time to time by such bank, or its successor, on 90-day unsecured business loans to its most- creditworthy customers. F. Mailed Notice. Whenever in this ordinance it is, required or permitted to give mailed notice to property owners, the failure to give such notice, or defects or errors in the notice, shall not invalidate the proceedings referred to, or' that should have been referred to, in such notice, or any decision made at, or as a result of, such proceedings,- -provided a good faith attempt to comply with the applicable notice requirements or provisions was made. G. Evidence of Ownership. If , in connection with aqy petition or application, the Planner requests evidence of ownership of the property' to which the petition or application relates, the petitioner or applicant shall obtain, at its expense, and deliver to the Planner, a title opinion from an attorney acceptable to the Planner, or other evidence of such ownership acceptable to the Planner, in each case addressed to the City. Also, if so requested by the Planner, the petitioner or applicant shall obtain a written consent to such petition or application by all owners of such property as shown by such title opinion or other evidence of ownership and, if such request is made, the City shall have no duty to process, or to act on or respond to, such petition or application until such consents are delivered to the Planner. H. Violation; Penalty; Remedies. 8 * 1. Misdemeanor. The owner of a building, structure or other property upon which a violation of any provision of this ordinance has been committed or shall exist, the lessee of the entire building, structure or other property in or upon which a violation has been committed or shall exist, the owner or lessee of that part of the building, structure or other property in or upon which a violation has been committed or shall exist, shall be guilty of a misdemeanor and subject to penalties pursuant to City Ordinance No. 175. 2. Civil Penalty. Any such person who, after being served with an order to remove any such violation, shall fail to comply with said order within ten days after such service, or shall continue to ordinance in the respect named in such order, shall also be subject to a civil penalty of not to exceed $500. _._ - --. . -violate any provision of the regulations made under-authority of this - --.- 3. Violation of Conditions in Conditional Use Permits. If any person violates any condition or restriction imposed by the Council in connection with the grant or issuance of a conditional use permit, the City, in addition to other remedies available to it as provided in this paragraph H, may revoke such permit and all rights attributable to such permit. Revocation shall be done in the following manner: 4-17 (a) The Manager or Planner shall notify the owner and occupant of the property as to which such permit exists insofar as the names and addresses of such owner and occupant can reasonably be determined by the Clerk from records maintained by the Assessor, of the violation and request removal within a stated period, but not less than five days. (b) If the violation is not removed within said stated period, the Manager or Planner shall submit a report on the matter to the Council and request a hearing. - (c) The Council, upon receipt of the report, shall set a hearing date and notice thereof shall be given to said owner and occupant at least ten days prior to the hearing. (d) After receiving the oral and written views of all interested' persons, the Council shall make its decision at the same meeting or at a specified future date. (e> If the hearing is , continued to a specified future date, no new notice need be given. If such permit is revoked by the Council, all use, activity and rights allowed by and attributable to such permit shall immediately cease. 4. Other Remedies. In addition to the remedies set out above, the City may exercise, with or separately from such remedies, all and any other legal and equitable remedies then available to the City by this ordinance, or by statute, or other City ordinances, or by applicable rules and regulations, to enforce this ordinance, including, without limitation, injunction. 5. Costs of Enforcement. The person or persons violating this ordinance shall be jointly and severally liable for all costs I incurred by the City in enforcing this ordinance against such persons, including, without limitation, attorneys' fees, witness fees and administrative expenses, with interest on such fees and expenses from the dates incurred until paid at the rate set out in paragraph E.2 of this section, and shall also be jointly and severally liable for all costs, including attorneys' fees, of collecting such fees, the dates incurred until paid, at the same rate as is payable on such fees and expenses. ' expenses and interest, with interest on such costs of collection from . ". 4-18 SECTION 5. DISTRICTS For the purposes of this ordinance, the City shall be divided into the following districts: Single Dwelling Unit District (R-1) Double Dwelling Unit District (R-2) Planned Residence District (PRD and PSR) Mixed Development District (MDD) Planned Office District (POD) Planned Commercial District (PCD) Planned Industrial District (PID) Regional Medical District (RMD) Automobile Parking District (APD) Heritage Preservation Overlay District (HPD) Floodplain Over 1 ay District (FD) .._ I 5-1 SECTION 6. DISTRICT The boundaries of Zoning Map on file in BOUNDARIES such districts shall be as shown in the official the City Hall, a composite copy of which, reduced in size, is appended to this ordinance and is hereby adopted by reference and declared to be a part of this ordinance, and as such boundaries may be changed by amendment to this ordinance. The Zoning Map shall be on file in the office of the Planning Department and shall be open to public inspection during normal business hours of the City. 6-1 SECTION 7. GENERAL REQUIREMENTS APPLICABLE TO ALL DISTRICTS EXCEPT AS OTHERWISE STATED A. General. No building or structure shall be erected, constructed or placed on any property in the City, and no building or structure or property in the City shall be used for any purpose, unless in full compliance with the restrictions and requirements of this ordinance and other applicable ordinances.of the City. B. Trash Storage. 1. All Properties Except Single Dwelling Unit and Double Dwelling Unit Buildings. All solid waste material, debris, refuse, garbage or similar material shall be kept within closed containers designed for such purpose. Said containers shall not be located in the front yard and shall be completely screened from view from all lot lines and streets. 2. Single Dwelling Unit and Double Dwelling Unit Buildings. All solid waste material, debris, refuse, garbage or similar material shall be kept within closed containers designed for such purpose. Said containers shall not be located in the front yard and shall not be visible from the front lot line. 0 C. Dwelling Units Prohibited in Accessory Buildings, Temporary Buildings, Trailers and Recreational Vehicles. No accessory building, temporary building, trailer or recreational vehicle in any district shall be used for a dwelling unit or units, except for accessory buildings which are specifically allowed for residential use by this ordinance. D. Customary Home Occupations as an Accessory Use. 1. Customary home occupations which are permitted as an accessory use by this ordinance shall comply with the following conditions: (a) only the residents of the dwellling unit are employed on the lot or within the dwelling unit; (b) no exterior structural. modifications are made to ... - -. - change the residential character and appearance of the lot or any buildings or structures on the lot; (c) no loading or unloading or other outdoor activities, except parking, shall occur; (d) no signs of any kind shall be used to identify the use; (e) all parking demands generated by the use shall be accommodated within the accessory garage and the normal driveway area; 7 -1 (f) no more than ten automobile trips weekly by individuals other than the residents of the dwelling unit shall be generated to the dwelling unit as a result of the use; and (g) no sale of products or merchandise shall occur on the lot or within any structures or buildings on the lot. 2. Permitted customary home occupations include, but are not limited to, the following occupations if, and only during such times as, they comply with all of-the above conditions: (a) dressmakers, tailors and seamstresses; (b) music and dance teachers providing instruction to not more than five individuals at a time; (c) artists, sculptors and authors; (d) insurance agents, brokers, architects and similar , professionals who typically conduct client meetings outside of the dwelling unit; . (e) ministers, rabbis and priests; (f) photographers providing service to one customer at a time; (g) salespersons, provided that no stock in trade is maintained on the lot or in the building or structure on the lot; and (h) rental of rooms for residential occupancy to not more than two persons per dwelling unit in addition to the permanent residents of the dwelling unit. 3. The following uses have a tendency to increase in size or intensity beyond the conditions imposed by this ordinance for home occupations and thereby adversely affect residential properties. Therefore, the following shall specifically not be permitted as . .._._ customary home occupations: . I. (a) (b) repair services of all kinds, including, without limitation, auto repair and painting, appliance repair and small engine repair; barber shops and beauty parlors; (c) music, dance or exercise instruction which provides instruction to groups of more than five individuals at a time; . 7-2 (d) medical and dental offices; .(e) upholstering; (f) mortuaries; (g) kennels; (h) tourist homes, boarding houses or rooming houses, and other kinds of transient occupancies; (i) commercial food preparation or catering; and (j> automobile and equipment sales. E. Fences in the R-1 and R-2 Districts. Fences which exceed four feet in height shall not be erected within the required front street setback of lots used for residential purposes in- the R-1 and R-2 Districts. Fences which exceed six feet in height shall be considered an accessory use for setback purposes. F. Exceptions to Setback Requirements. The following shall not be considered as encroachments into required setbacks: 1. Overhanging eaves and bay windows not extending to the floor, which project more than three feet into the required setback and which are not closer than three feet from.a.lot line. 2. Sidewalks and driveways. 3. Fences which do not exceed the height limitations imposed by this ordinance. 4. Awnings and canopies attached to the principal building and not supported by posts or pillars. 5. Flagpoles, light poles and fixtures. 6. 7. Clotheslines and outdoor fireplaces in the rear yard only. Bus shelters which have been approved by the Engineer. - .. 8. Unenclosed steps or stoops not exceeding 50 square feet in ’ . . . .-- -I . ___ - __ area, 9. Fireplaces projecting not more than two feet into the required setback and not exceeding ten square feet in horizontal area. 10. Underground storage tanks, conduits and utilities. 7-3 11. Portions of principal and accessory buildings or structures which are located completely underground, which are not visible from the surface of the ground and which do not encroach more than one-half of the distance into that part of the required setback nearest the principal or accessory building. 12. Plant materials. G. Drainage. Surface water runoff shall be properly channeled into storm sewers, watercourses, ponding areas or other public facilities. All provisions for drainage, including storm sewers, sheet drainage and swales, shall be reviewed and approved by the Engineer prior to construction or installation. H. Architectural Control. A building permit for the construction of a new non-residential principal building or a new residential principal building containing three or more dwelling units shall not be issued unless the applicant's building plans, including the site plan, are certified by an architect registered in the State of Minnesota. Said certification shall state that the design of the building and site has been prepared under the direct supervision of said architect. I. Building Coverage Computations; Exclusions and Inclusions. 1. The following structures and improvements shall be excluded when computing building coverage: (a> driveways and sidewalks; (b) parking lots and parking ramps; (c> accessory recreational facilities not enclosed by solid walls and/or not covered by a roof, including outdoor swimming pools, tennis courts and shuffleboard' courts; but facilities whi-ch are constructed above grade, such as paddle tennis courts, shall be included when computing building coverage ; (d) unenclosed and uncovered steps and stoops less than 50 square feet; and (e> overhanging eaves and roof projections. 2.' Building coverage computations, however, shall include all other principal or accessory buildings, including, but not limited to: (a> decks and patios subject to allowances provided by this ordinance; (b) gazebos; 7-4 (c) balconies; (d) breezeways ; (e) porches; and (f) accessory recreational facilities constructed above grade, such as paddle tennis courts. J. Lighting. All exterior lighting and illuminating devices shall . be provided with .lenses, reflectors or shades so as to concentrate illumination on the property of the owner or operator of said lighting or illuminating devices. Rays of light or illumination shall not pass -beyond the property lines of the premises utilizing such lights or illumination at an intensity greater than three footcandles measured at property lines abutting residentially zoned property and ten' footcandles measured at property lines abutting streets or non-residentially zoned property. No glare shall emanate from or be visible beyond the boundaries of the lighted or illuminated premises. K. Frontage of Lots on a Street. All lots shall have at least 30 feet of frontage on at least one street other than limited access roadways to which private access is prohibited or alleys. Private easements shall not be considered as frontage for purposes of this paragraph, Notwithstanding the requirements of this paragraph, lots in a townhouse plat need not front on a street provided that the townhouse plat of which the lot is a part has at least 3Q feet of frontage on at least one street, L. Tent and Trailer Sales Prohibited. The sale of goods or merchandise from a motor vehicle, trailer, tent or other temporary or portable building is prohibited in all districts. M. Platting Requirement. Any land proposed to be transferred from one zoning district to another shall be platted into lots and blocks pursuant to and in accordance with the City subdivision ordinance in connection with, and at the time of, such transfer. Any land which has been previously platted into lots and blocks shall be likewise replatted to provide new lots and blocks which are compatible in size, shape, . .- -location and arrangement with the*property's intended use. N. Drive-Through Facility Standards. 1. Number of Stacking Spaces (In Addition to the Vehicle or Vehicles being Served). (a) financial institutions: 2 stacking spaces per bay (b) car wash: 25 stacking spaces per bay 7-5 (c) accessory car wash: 2 stacking spaces per bay (d) all other uses: 4 stacking spaces per bay 2. Location of Stacking Spaces. (a) no stacking space shall encroach onto any drive aisle necessary for the circulation of vehicles on the lot; (b) all stacking. spaces shall provide the same setbacks as are required by this ordinance for parking spaces; (c) in the case of uses described in paragraph N.l(d) above, if the drive-through bay is equipped with a facility for placing an order which is separated from the location at w3ich the product or merchandise is received by the customer, not less than three of the required stacking spaces shall be provided at the ordering point. 3. Minimum Size of Stacking Space. The minimum size shall be nine feet by eighteen feet. 4. Accessory Canopies and Mechanical Equipment. All canopies and equipment appurtenant. to a drive-through facility shall provide the same setbacks as are required for principal buildings. 5. Drive-Throughs Accessory to Restaurants. Drive-through facilities accessory to restaurants shall be limited to two service bays. 0. District Limits. For purposes of calculating the minimum site area, floor area ratio, building coverage, setbacks and all other requirements of this ordinance, a district or subdistrict shall be deemed not to extend beyond the right of way lines of adjacent streets, alleys or highways which were dedicated, conveyed or acquired prior to ,the transfer of land to that district or subdistrict. Districts which are separated by public streets or highways shall be deemed to be separate and independent districts and all requirements and restrictions contained in this ordinance must be met separately and independently by each district. P. Temporary Buildings. 1. Improved Single Dwelling Unit and Double Dwelling Unit Lots. No temporary or portable building or structure, including, without limitation, any shed, tent or shelter, which is not permanently attached to the ground shall be placed or stored within the required front street or side street setback for the principal building and shall maintain an interior side yard and rear yard setback of not less than five feet. . . .. 7-6 2. All Other Lots Including Unimproved Single Dwelling Unit and Vacant Double Dwelling Unit Lots. No temporary or portable building or structure, including, without limitation, any shed, tent or shelter, which is not permanently attached to the ground shall be placed or stored upon a lot except as accessory to, and during the construction of, permanent buildings or structures. Q. Outdoor Storage. All materials, supplies, finished or semi-finished products, motor vehicles, trailers and all equipment shall be stored within a completely enclosed building except: 1. Materials and equipment used for the construction or repair of structures may be stored outdoors on the construction site during construction. 2. Motor vehicles weighing less than 9,000 pounds, and recreational vehicles and other materials may be stored outdoors on lots used for residential purposes in accordance with the Ciiy nuisance ordinance. 3. Motor vehicles weighing less than 9,000 pounds may be parked outdoors for periods not to exceed 48 hours within improved parking areas on non-residential lots. 4. Outdoor storage or displays may take place on lots in the Planned Commercial District in accordance with paragraph K of * .-\ section 16 of this ordinance. 1. 5. Plant materials for landscaping purposes may be stored outdoors. R. Setbacks from Naturally Occurring Lakes, Ponds and Streams. Notwithstanding any other requirements of this ordinance or other City ordinances, in cases where a portion of a lot or tract is located below the ordinary high water elevation of a naturally occurring lake, pond or stream, the shofeline created by such an ordinary high water elevation shall be deemed to be the rear lot line or side lot line, as the case may be, for setback purposes. S. Energy .Collection System Setbacks. Facilities and equipment ._ designed for the collection of solar energy or wind energy shall maintain the same setbacks as are required for principal buildings or structures and shall not be located within the front yard. T. Non-Conforming Uses, Buildings and Lots. 1. Non-Conforming Uses. Any non-conforming use may continue, provided that: (a> it shall not be expanded to occupy a larger portion of a buiJding or lot, or be extended to other buildings or lots; 7-7 (b) it shall not be replaced with any other non-conforming use; (c> it shall not be resumed if it is discontinued for one year or longer; and (d) if it is ever discontinued and replaced with a conforming use, no non-conforming use thereafter shall be made of the building or lot. 2. Non-Conforming Buildings. (a) Alterations, Additions and Enlargements. (i) A non-conforming building, other than a single dwelling unit building, shall not be added to or enlarged, in any manner, or subjected to an alteration involving 50 percent or more of the gross floor area of the building, or 50 percent or more of the exterior wall area of the building, unless such non-conforming building, including all additions, alterations and enlargements, shall conform to all of the restrictions of the district in which it is located. The percentage of the gross floor area or exterior wall area subjected to an alteration shall be the aggregate percentage for any consecutive three-year period. (ii) A non-conforming single dwelling unit building shall not be added to or enlarged in any manner, or subjected to an alteration to convert accessory buildings, or portions thereof, into living area unless all such additions, enlargements and alterations shall conform to the setback and height restrictions of the district in which it is located, and unless such non-conforming single dwelling unit building, including all such additions, enlargements and alterations shall conform to the building coverage restriction of the district in which it is located. (b) Repairs, Maintenance and Remodeling. Non-conforming buildings may be repaired, maintained and internally remodeled to an extent and in. a manner which does not violate the . provisions of the preceding subparagraph (a). (c> Restoration. A non-conforming building, or a building all or substantially all of which is used for a non-conforming use, which is destroyed or damaged by fire, wind, earthquake, explosion or other casualty, to the extent that the cost nf restoration exceeds one-half of the fair market value of the entire building on ‘the date immediately prior to the date of the casualty, shall not be restored unless said building, and the use thereof, shall conform to all of the restrictions of the 7-8 8 district in which it is located. If the cost of restoration is less than one-half of the fair market value of the entire building on the date immediately prior to the date of the casualty, then the building may be restored without so conforming; but if such restoration is not commenced within two years from the date of the casualty or is not diligently prosecuted to completion, then the building shall not be restored unless the building, and the use thereof, conform to all of the restrictons of the district in which it is located. The Assessor, or other person selected by the Manager, shall determine such cost of restoration and such fair market value. 3. Non-Conforming Lots. A non-conforming lot in the R-1 District used or intended for a single dwelling unit building shall be exempt from the width, depth and area requirements of this ordinance, provided, that said lot: (a) is not less than 50 feet in width; (b) is not less than 100 feet in depth; (c) is not at the effective date of this ordinance, and has not at any time since October 22, 1951, been held in common ownership with all or part of an adjoining lot or parcel which, together, complied with the width, depth and area requirements of this ordinance; and 8 (d) has at least 30 feet frontage on a street. A non-conforming lot held as of the effective date of this ordinance, or at any time since October 22, 1951, in common ownership with all or part of an adjoining parcel or lot and which meets the requirements of (a), (b) and (d) above shall not be decreased in size. U. Relocation of Buildings and Structures. No building or structure shall 'be moved, in whole or in part, into or within the City, unless every portion of such building and structure, and the use thereof, is made to conform to all of the restrictions of the district in which it is to be located. The moving or relocation of a building or structure _-. . shall be. undertaken..and - done only in -*accordance with applicable City ordinances and state statutes. I V. Signs. Signs erected in accordance with the City sign ordinance shall be a permitted accessory use in all districts. W. Utility Buildings and Structures. __ 1. Utility Buildings and Structures Owned by the City. Utility buildings and structures owned by the City and used for rendering service to all or any part of the City (but excluding 7-9 warehouses, maintenance buildings and storage yards) shall be a permitted principal or accessory use in all districts. 2. Other Utility Buildings and Structures. Utility buildings and structures owned by private utility companies or governmental units other than City governmental units, and used for rendering service to all or any part of the City (but excluding warehouses, maintenance buildings and storage yards) shall be a conditional use in all districts and shall only be constructed pursuant to a conditional use permit granted in accordance with paragraph D of section 4 of this ordinance. 7-10 SECTION 8. PARKING AND CIRCULATION A. Minimum Number of Spaces Required. 1. Single Dwelling Units, Double Dwelling Units and Residential Townhouses. Two fully enclosed spaces per dwelling unit. 2. Apartment Buildings. (a) dwelling unit. 1.25 fully enclosed spaces and 0.75 exposed.spaces per (b) The required number of exposed spaces may be reduced to not less than 0.5 spaces per dwelling unit if the number of enclosed spaces is increased by a like amount so that the total number of exposed and enclosed spaces equals not less than two per dwelling unit. 3. Senior Citizen Dwelling Unit Buildings in the PSR-,-4 and PSR-5 Subdistricts. (a) 0.5 exposed spaces and 0.25 enclosed spaces per senior 8 citizen dwelling unit. (b) In addition to (a), the following spaces are required: (i) one completely enclosed and one exposed space for each non-senior citizen dwelling unit located in a building in the Planned Senior Residence District; (ii) one completely enclosed space per vehicle owned by the building's management and stored on the property; and (iii) one exposed space for each employee who is not a resident of the building. 4, Nursing, Convalescent and Rest Homes. One space for every four patients or residents based on the maximum capacity of the building, plus one space per employee on the major shift, plus one _.. __ . . . . space per vehicle owned- by .the. building's management. 5. Day Care (Principal Use). One space per teacher or employee, plus one space per 20 individuals (or major fraction thereof) receiving care. 6. Public or Private Senior High Schools and Seminaries. One space per classroom, plus one space per ten students, or spaces equal in number to one-third the maximum seating capacity of the largest place of assembly, whichever is greater. 8-1 7. Public or Private Elementary or Junior High Schools. Two spaces per classroom, or spaces equal in number to one-third the maximum seating capacity of the largest place of assembly, whichever is greater. 8. Community Centers. Spaces equal in number to one-third the maximum seating capacity of the largest place of assembly, or one space for each 200 square feet of gross floor area used for conditional interim uses allowed by this ordinance, whichever is greater. 9. Churches and Other Religious Institutions. Spaces equal in number to one-third the maximum seating capacity of the largest place of assembly, plus spaces for other church facilities which are used concurrently with the largest place of assembly, the number of which shall be determined by the Council in connection with the granting of a conditional use permit. 10. Theaters (Except Within Shopping Centers), Stadiums, Auditoriums, Arenas, Lodge Halls, Mortuaries and Club Houses. Spaces equal in number to one-third the maximum seating capacity, plus one space for each employee on the major shift. 11. Governmental Administration, Public Service, Post Office. The greater of (a) or (b):' (a) one space per employee on the major shift, plus one space per government-owned vehicle, plus ten visitor spaces; or (b) one space for each 200 square feet of gross floor area. 12. Libraries, Art Galleries. Ten spaces, plus one space for each 300 square fee€ of gross floor area. 13. Medical or Dental Offices, Clinics and Animal Hospitals. One space for each 200 square feet of gross floor area, plus one space per physician or veterinarian. 14. Hospitals. One space per bed, plus one space per . - ., -, . .physician, staff person;-employee -or volunteer 'on the major shift. . .. .. . . 15. Athletic, Health, and Weight Reduction Facilities. (a) six spaces per court for handball, racquetball and tennis courts; (b) one space per 200 square feet of gross floor area for all other uses. 8-2 16. Restaurants (Except Within Shopping Centers). Spaces equal in number to one-third the maximum seating capacity, plus one space for each employee on the major shift. 17. Car Washes. One space per employee on the major shift, plus five spaces for each wash lane, plus stacking spaces in accordance with paragraph N of section 7 of this ordinance. 18. Accessory Car Washes. Two parking spaces, plus stacking spaces in accordance with paragraph N of section 7 of this ordinance. 19. Gas Stations. One space per employee on the major shift, plus one space for each 100 square feet of accessory retail uses in excess of 500 square feet exclusive of restrooms, storage areas and mechanical equipment. 20. Automobile Service Centers. Three parking spaces per service bay, plus one space per employee on the major shift, plus one space for each 100 square feet of accessory retail uses in excess of 500 square feet exclusive of restrooms, storage areas and mec3anical equipment. 21. Bowling Alleys. Five spaces per lane. 22. Offices, Medical and Dental Laboratories, Business or Professional Offices, Financial Institutions, Employment Agencies and Travel Bureaus. 8 Gross Floor Area (GFA) No. of Spaces Required 0 - 20,000 sq. ft. GFA/200 20,001 - 220,000 sq. ft. Over 220,000 sq. feet. GFA/250 GFA [(0.00025 GFA) + 1951 23. Mixed Development District. (a> Residential: one enclosed space, plus 0.5 eqpsed space, per dwelling unit. *.. . . - . (b) Non-Residential- Cexcfud5ng -publicly -owned.faci&ities . -- ---- and uses accessory to residential uses): Gross Floor Area (GFA) 0 - 20,000 sq. ft. 20,001 - 220,000 sq. ft. Over 220,000 sq. feet. No. of Spaces Required GFA/200 GFA [(O.OOOS GFA) + 1901 GFA/300 24. Multi-Tenant Industrial Buildings. One space for each 400 square feet of gross floor area, or the sum of the component gross floor areas as follows, whichever is greater: 5-3 (a> one space for each 200 square feet of office space; .. . (b) one space for each 2,000 square feet of warehouse space; (c) one space for each 300 square feet of manufacturing, processing, packaging, treatment and assembly space; (d) one space for each 500 square feet of space containing machines and equipment for conducting scientific research, testing or experimentation; (e> one space for each 200 square feet of facilities for athletic, health and weight reduction purposes. 25. Automobile and Boat Sales - New or Used. One space per 250 square feet of gross floor area, including show rooms, sales space and offices, but excluding service areas, plus three spaces for each service bay. Required parking spaces shall not be used for the storage or display of vehicles, boats or other products. 26. Furniture and Major Appliance Sales. (a> over 2,500 square feet of gross floor area: one space per 400 square feet of gross floor area; (b) under 2,500 square feet of gross floor area: one space per 200 square feet of gross floor, area. 27. Hotels and Motels. One space per guest unit, plus one . space for each employee on the major shift. 28. Uses Allow-ed in the Planned Commercial District Except Uses For Which a Parking Quantity is Hereinto Specified. (a> Shopping Centers. One space per 200 square feet of gross floor area (including theaters and restaurants) , plus one additional space for each ten seats in a restaurant, theater or other place of assembly. For shopping centers, those atrium areas and mall areas not used for retail sales purposes shall be . ..excluded from gross floor area calculations. . . .-. (b) Other Retail. Eight spaces for the first 1,000 square feet, plus six spaces for each 1,000 square feet of gross floor area in excess of the original 1,000, but not exceeding 15,000 square feet, plus five spaces for each 1,000 square feet in excess of 15,000 square feet. For the purpose of determining parking requirements, in places of assembly where persons occupy benches, pews and similar seating facilities, each 22 inches of such seating facilities shall be counted as one seat. 8-4 B. Use of Public Parking to Meet Off-street Parking Requirements. . . L . . ... .._ ._ 1. Any principal use on property located within a redevelopment project approved by the Council pursuant to Chapter 462 of Minnesota Statutes, which principal use was in existence on the date such project was approved, and which project provides for public parking to serve the project area, may be reconstructed, or a new principal use constructed, on the same property without providing off-street parking additional to that provided for public parking, provided such reconstructe-d or new principal use does not contain more gross floor area than the prior principal use, and “is for uses which do not increase the number of required off-street parking spaces beyond those required for the uses in the prior principal use; provided, further, however, that such an existing principal use may be expanded, and the uses thereof may be changed, to such size and such uses as are allowed by the then applicable ordinances of the City, by the Comprehensive Plan, and by the plan, as modified pursuant to said Chapter 462, for such apprpved redevelopment project, without providing off-street parking spaces additional to those provided for public parking. 2. If any increase in the size, or changes in the uses, of such an existing principal use is made beyond the size or for othe’r . than the uses above allowed, then additional off-street parking spaces shall be provided, pursuant to this section, but only for the additional spaces resulting from such increase in size or changes. in uses. D - -_ C. Location. 1. Non-Residential Principal Uses. The required number of off-street parking spaces shall be located on the same lot as the principal use or on an adjacent lot under the control of the owner of the principal use. For purposes hereof, may be derived from ownership, or by a lease or easement continuing for a period of not less than 25 years. The required parking spaces shall not be separated from the principal use building by a street. Seventy-five percent of all required spaces shall be located within 500 feet of the entrances to the principal use building and 100 percent shall be . =.. within 1,000 feet. -. 2. Residential Principal Uses. The required number of off-street parking spaces shall be located on the same lot as is occupied by the principal use. The required parking spaces shall not be separated from the principal use building by a street. D. Setbacks. (Not Applicable to Single Dwelling Unit Buildings and Double Dwelling Unit Buildings). No exposed parking spaces, required stacking spaces or drive aisles (except that portion of the driveway crossing the public right of way to give access to the street) shall be . 8-5 ... located within twenty feet of a street or within ten feet of an interior side lot line or a rear lot line. Interior side yard and rear yard setbacks shall be measured from the boundary of the tract. No parking space or drive aisle shall be located within ten feet of any principal use building. E. Design and Construction. (a> Full Size Spaces. Space Space Drive Aisle Angle Width Length Width 90 O 8 1/2 feet 18 feet 24 feet 60" 9 feet 18 feet 18 feet 45 O 9 feet 18 feet 12 feet (b) Compact Spaces. Space Space Drive Aisle Angle Width Length Width 90" 7 1/2 feet 16 feet 24 feet 60 O 8 feet 16 feet 18 feet 45 O 8 feet 16 feet . 12 feet 2. Compact Parking Spaces. Within the Planned Office District, Regional Medical District and Planned Industrial District only, not more than 20 percent of all required parking spaces may be compact spaces. In all other districts no compact spaces shall be counted as required parking. Compact spaces shall be clearly identified by signs mounted on sign posts in order that they are visible at all times. Signs which are painted on the pavement shall not be permitted for this purpose. Compact parking spaces shall be located in one contiguous area to the greatest possible extent and, where possible, limited to proposed employee parking areas. It is the purpose and intent herewith to limit compact parking spaces to visitor parking. areas used for long-term .employee parking-. rather .than -.short-term .. . - 3. Bumper Overhangs. The minimum parking space length as required herein may be decreased by 1.5 feet for full size parking spaces and 1.0 foot for compact spaces which allow the bumper of the automobile to project beyond the terminus of the parking space without obstructing other parking spaces or vehicle circulation areas. 8-6 4. Joint Parking Facilities in the Planned Commercial District . and Mixed Development District. Parking spaces serving two or more buildings, lots or uses in the Planned Commercial District and the Mixed Development District may be located in the same off-street parking area, provided that: (a) the total number of spaces furnished shall not be less than the sum of the separate requirements for each use; and (b) all parking spaces shall comply with all requirements as- to location and control as provided by paragraph C.l of this sect ion. 5. Nighttime Uses. Nighttime uses, as below defined, which share parking facilities with daytime uses may reduce their required number of parking spaces by 50 percent, provided that: (a> the total number of spaces normally required for nighttime uses are provided within the parking area in combination with parking spaces provided for daytime uses; (b) the total number of parking spaces normally required for nighttime use conforms to all requirements as to location and control as provided by paragraph C.l of this section; and 0 (c> in the opinion of the Planner, the peak hours of operation of the nighttime use will not coincide with the peak hours of other uses sharing the joint parking facility so as to cause a parking shortage. For the purposes hereof, nighttime uses are limited to theaters; facilities for athletic, health and weight control including handball courts, racquet courts, tennis courts, reducing salons and aerobic dance studios; bowling alleys; and club and lodge assembly halls; provided, however, that uses which are located within a shopping center or Mixed Development District shall not be deemed nighttime uses and shall not be eligible for reduction of parking requirements due to nighttime uses. .. 6. Construction. Off-street parking spaces and-..circulation .I areas shall be surfaced and maintained with a hard, all-weather, durable and dust-free surfacing material composed of bituminous asphalt or concrete installed over a well compacted subgrade and gravel base. Except for residential uses-in the R-1 and R-2 Districts, each parking space shall be clearly delineated by lines painted on or inbedded in the surface of the parking area. F. Traffic and Circulation. 1. General Requirements. Vehicular traffic shall be channeled and controlled in a manner that will avoid congestion and traffic 8-7 hazards on the lot or tract or on adjacent streets. Traffic generated by the use shall be directed so as to avoid excessive traffic through residential areas. No parking area, stacking area or circulation area, except for driveway ingresses and egresses, shall be located-within a street, alley or highway. 2.. Review by Engineer. .The .adequacy of any proposed traffic circulation system on a lot or tract shall be subject to the review of the Engineer who may require additional measures for traffic control to accomplish the orderly and safe movement of traffic including, but not limited to, the following: (a> Directional signalization. (b) Channelization. (c) Turn lanes. (d) Increased street width. (e) Warning lights. (f) Stacking lanes. 3. Circulation Within Parking Areas. (a> Unobstructed access to each parking space from a drive aisle shall be provided. (b) Traffic moving from one part of a parking to another shall be capable of doing so without using a street. (c> Dead end drive aisles shall not be permitted. (d) Parking spaces oriented at an angle of less than 90 degrees to the drive aisle shall be served only by way of one-way drive aisles. 4. Driveway Design. . .. (a> Driveway width (back of curb to back of curb): One-way Two-way Maximum Minimum 20 feet 12 feet 30 feet 24 feet (b) Maximum driveway width at street curb: 30 feet exclusive of returns as measured along the curb line of the street. 8-8 (c> Minimum distance between driveways: ends or returns as measured along the curb line (d) Minimum distance of driveway 20 feet between of the street. from street intersections: 50 feet between ends or returns of the driveway and the returns of the intersection as measured along the curb line of the street. (e> Minimum distance between end of the driveway return and side lot line: 10.feet. 8-9 SECTION 9. LOADING FACILITIES A. Definition. A loading facility means and includes the dock to or from which the transport vehicle is being loaded or unloaded, the berth for the vehicle while it is being loaded or unloaded and the areas needed to maneuver the vehicle into or out of the berth. B. Location. Off-street loading facilities shall be easily accessible from streets with a minimum of interference with other vehicle and pedestrian traffic. No loading berths shall be located on the side of a building which faces a residential district. C. Setbacks. No loading facility shall be located within the required front street or side street setback for the principal building or within ten feet of an interior side lot line or a rear lot line. D. Design. (a) Large Berth. Length Width Height (b) Small Berth. Length Width Height 55 feet 14 feet 15 feet i *- ,,. ':- 25 feet 12 feet 15 feet 2. - Docks. All docks shall be located within 'the perimeter of the principal or accessory building and shall be completely enclosed except for the opening needed for access to a vehicle during the time it is standing in the berth. .. .. 3. Construct5on; All loading., ,berths.' shal.1 comply ,with the -. . . ' standards for the construction of parking areas as specified in this ordinance. E. Minimum Number of Loading Berths Required. 1. Planned Industrial District (Except Off ice Buildirgs) . One large berth per 50,000 square feet of gross floor area or- major fraction thereof. 9-1 2. All Office Buildings, Regional Medical District and Mixed Development District (Office Space Only). 0 - 20,000 square 0 berths feet of gross floor area (GFA) 20,001 - 100,000 1 small .berth square feet GFA Over 100,000 square 1 small berth and 1 large berth, feet GFA plus 1 additional small berth for each 100,000 square feet GFA, or major fraction thereof, over the original 100,000 square feet GEA 3. Planned Commercial District (Except Office Buildings). 0 - 5,000 square feet GFA 5,001 - 20,000 square feet GFA 0 berth 1 small berth -_ 20,001 - 100,000 1 small berth and 1 large berth square feet GFA Over 100,000 square 1 additional small berth for each feet GFA additional 50,000 square feet GFA, or major fraction thereof, over the original 100,000 square feet GFA 9-2 SECTION 10. LANDSCAPING AND SCREENING A. Landscaping. 1. Application of Requirements. All properties shall comply with the requirements of this section except for single dwelling unit or double dwellkg unit lots, public parks, playgrounds and athletic facilities, and public and private golf courses, except that club houses, parking areas and other structures accessory to such golf courses shall comply. 2. Landscape Plan Requirements. Landscape plans shall :be prepared by a landscape architect or other qualified individual acceptable to the Planner. Landscape plans shall be drawn to a scale of not less than one inch equals 50 feet and shall include the following information: (a) boundary lines of the property with accurate dimensions; (b) locations of existing and proposed buildings, parking (c) (d) location, approximate size and common name of existing lots, roads and other improvements; proposed grading plan with two foot contour intervals; trees and shrubs; (e) planting schedule containing: (i> symbols, (ii) quantities, (iii) common names and botanical names, (iv) size of plant materials, (VI root condition, (vi) special planting instructions; (f) planting details illustrating proposed locations of . all new plant material; - (g) locations and details of other landscape features (h) details of restoration of disturbed areas including including berms, fences and planter boxes; areas to be sodded or seeded; 10-1 (i> location and details of irrigation systems; and (j) details and cross sections of all required screening. 3. Minimum Requirements. All open areas of a lot which are not used and improved for required parking areas, drives or storage trees, shrubs, flowers and ground cover materials. .. shall be landscaped with combination of overstory trees, understory -/ . (a) Minimum Number of Overstory Trees. The number of overstory trees on the lot or tract shall be not less than the perimeter of the lot or tract as measured in feet divided by 40. (b) Understory Trees and Shrubs. In addition to the required number of overstory trees, a full complement of understory trees and shrubs shall be provided to complete a quality landscape treatment of the site. (c> Minimum Size and Root Condition of Required Overstory Trees. (i> deciduous trees: 2.5 inches in diameter as measured six inches above the ground; (ii) coniferous trees: six feet in height; (iii) all new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. (d) Species. (i> all required overstory trees shall be comprised of species which are classified as overstory trees by the American Nurserymans Association. Trees which are considered as half trees, shrubs, understory trees or ornamental trees shall not be included in the count of required overstory trees; (ii) not more than 50 percent of the required number _. -.-of overstory-trees shall be composed of one species; no required overstory trees shall include: (iii) (aa) (bb) box elder , all species of the genus Ulmus (elm), (cc) (dd) ginko - female only: all species of the genus Populous (poplar), or 10-2 (iv) hardiness : all plant materials shall be indigenous to the hardiness zone of the area in which the City is located. (e> Credit for Large Trees. The total number of required overstory trees may be reduced by one-half tree for each new deciduous tree .measuring four and one-half inches or more in diameter, or each'new coniferous tree measuring ten feet or more in height, which is planted on the lot or tract. In no event, however, shall-this credit result in a reduction in the total number of required trees by more than 25 percent. (f) Credit for Existing Trees. The total number of required new overstory trees may be offset by the retention of existing overstory trees on the lot provided that such trees satisfy the requirements of this section as to size and species. The Planner shall determine the amount of' the credit for such existing trees based upon their location and distribution on the lot. (g) Ground Cover. All unimproved portions of the lot or tract shall be sodded; provided, however: ' (i) areas reserved for future approved building expansions may be seeded; (ii) undisturbed areas containing existing viable natural vegetation which can be maintained free of weeds may be left undisturbed; and (iii) slopes exceeding 3:l may be seeded. B . Screening. 1. Screening Required. The following uses shall be screened in accordance with the requirements of this paragraph: (a) non-residential principal buildings or structures:, and any building or structure accessory thereto, shall be screened ..from lots in the R-1 District.which'are used for single dwelling unit buildings and vhich are located within 200 feet of the non-residential use. Said distance shall be the shortest distance between the non-residential building or structure to be screened and the nearest lot line of the R-1 District lot, but shall not extend across a street; (b) principal buildings or structures, or any building or structure accessory thereto, located in the Planned Industrial District or Planned Commercial District shall be screened from lots used for any residential purpose which are located within 10-3 stance shall be the shortest distance between the PID or PCD building or structure to be screened and the 200 feet. Said d nearest lot line of the residential lot, but shall not extend across a street; (c) off-street parking facilities containing six or more spaces and all loading facilities shall be screened from streets located within 50 feet, and from lots which are used for any residential purpose which are located Qithin 50 feet. Said distance shall be the shortest distance between the parking facility or loading facility and the nearest part of the street or the nearest lot line of the residential lot; (d) trash storage facilities shall be screened from all lot lines and public road rights of way; and (e> all mechanical equipment accessory to any building, except single dwelling unit and double dwelling unit buildings, shall be screened from all lot lines and streets. 2. Responsibility. The owner of the principal or accessory building or structure to be screened shall install and maintain all screening herein required without cost to the City. 3. Materials. Required screening may be achieved with fences, walls, earth berms, hedges and other landscape materials. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:l. All materials, including landscaping, shall have a minimum opacity of 90 percent year round. 4. Location. All required screening shall be located on the lot occupied by the use, building, facility or structure to be screened. No screening shall be located upon any public road right of way, or within 20 feet of the traveled portion of a street. 5. Height, The minimum height for screening required by this section is as follows: (a> screening required by paragraphs B. l(a>, B.’l(b) : ten feet above property line; (b) screening required by paragraph B.l(c): four feet above level of parking lot and ten feet above level of loading facility; and (c) screening required by paragraphs B. l(d) and B. l(e> : high enough to completely screen from property lines, but not less than five feet or greater than ten feet in height. 10-4 C. Maintenance. 1. Responsibility. The owner of the lot upon which the required landscaping or screening is located shall maintain all materials in a sightly and healthy growing condition without cost to the City. 2. Security. Security shall be filed with the Planner in accordance with City Ordinance No. 409 to guarantee the installation and vigorous growing condition of all landscape elements and screening required herein. Said security shall remain in effect for two full growing seasons. The two-year guarantee period for plant material installed after June 1 shall commence the following year. Lots provided with an irrigation system covering 100 percent of the area improved with landscaping need provide security for only one growing season. 10-5 SECTION 11. SINGLE DWELLING UNIT DISTRICT (R-1) A. Principal Uses. 1. Buildings containing not more than one dwelling unit. 2. Publicly owned parks, playgrounds and athletic facilities. 3. Publicly and privately owned golf courses, but not including driving ranges OK minature golf courses as a principal use. B. Conditional Uses. 1. Religious institutions, including churches, synagogues, chapels and temples. 2. Elementary schools having a regular course of study accredited by the Minnesota Department of Education, and preschools and nurseries. 3. Junior high schools and senior high schools having a regular course of study accredited by the Minnesota Department of - Education. n 4. Publicly owned and operated civic and cultural institutions including, but not limited to, administrative offices, libraries, public safety buildings, community centers and places of assembly. 5. Golf course club houses. 6. Accessory parking facilities and uses accessory .to conditional uses including, but not limited to, seminaries, private schools, monasteries and nunneries, but excluding preschools, nurseries and day care permitted by paragraph C.3 of this section. C. Accessory Uses. 1. The following accessory uses are permitted on the same lot as a single dwelling unit building: -. (a> accessory garages; (b) greenhouses, garden houses, decks, patios and gazebos; . / (c> tool houses and sheds for the storage of domestic supplies; ’ (d) private swimming pools, tennis courts and other recreational facilities for use only by residents of the principal use and their guests; 11-1 (e> improvements customarily incidental to single dwelling unit buildings including, but not limited to, driveways, sidewalks, flagpoles and clotheslines; (f) customary home occupations; and (g> day care facilities, .licensed by the State of Minnesota, for ten.or fewer individuals. 2. Uses and facilities accessory to and on the same lot as a golf course, .. including maintenance buildings, golf driving ranges, swimming pools, tennis courts and other related recreational facilities. 3. Preschools, nurseries and day care within elementary, junior high and senior high schools and religious institutions. 4. Rooms for residential occupancy by persons employed by religious institutions or golf courses. D. Interim Uses of Elementary, Junior and Senior High School Buildings Owned by Independent School District No. 273. 1. Purpose and Intent. The Council recognizes that several public elementary, junior high and senior high school buildings owned by Independent School District No. 273 (the "School District") have been, or will be, wholly or partly closed for public education purposes due to the decreasing school age population of the School District. It further recognizes that many such buildings will be retained in School District ownership in order that they-may be re-used for public education purposes in the future if the School District's school-age population increases. Therefore, the Council has determined that such school buildings should be allowed to be temporarily occupied by appropriate uses during this interim period in order to preserve a substantial public investment, to prevent the deterioration of such public properties thereby adversely impacting surrounding private properties, to prevent an undue financial burden upon the School District, and to promote the general health, safety and welfare of the residents of the City. However, it is not the purpose and intent of this'section to allow the permanent re-use of such public school buildings for the' interim uses permitted or allowed by this section. 2. Permitted Interim Uses. In addition to elementary, junior high and senior high schools, colleges and universities, both public and private, having a regular course of study accredited by the State Department of Education, and their related accessory uses, the following interim uses shall be allowed: 11-2 (a) schools for teaching music, dance, arts or business vocations which do not require a conditional use permit pursuant to paragraph D.4 of this section; (b) administrative offices and meeting rooms (excluding lodge halls) for private non-profit organizations, and counseling services, which, together with the other such offices and meeting rooms. in the same public school building do not occupy, in the aggregate, in excess of the minimum percentage of gross floor area set out in paragraph D.4(a)(i) of this section, and if such offices and meeting rooms do not require a conditional use permit pursuant to paragraph D.4c(a)(ii) of this sect ion; (c) (d) day care and nurseries; churches, synagogues, chapels and temples; (e) seminaries and monasteries; (f) community centers; and (g> museums. 3. Termination of All Interim Uses. In the event that all or any part of any public school building, or the land upon which it is located, is hereafter disposed of or transferred to private ownership by deed, contract for deed, lease for more than three years or by other means, all interim uses shall cease and the building and land shall then be used for only principal uses, and accessory uses permitted in the zoning district in which the land is situated, or allowed conditional uses pursuant to the grant of a cocditional use permit. Also, no interim use shall be allowed following the seventh anniversary of the closing of the school. 4. Conditional Interim Uses. (a) The following interim uses shall only be allowed subject to the grant of a conditional use permit: -. (i) administrative offices and meeting rooms for private non-profit organizations, and counseling services, which, together with the other such offices and meeting ' rooms in the same public school building will, in the aggregate, occupy 35 percent or more of the gross floor area of the building; and (ii) administrative offices and meeting rooms for private non-profit organizations, and counseling services and schools for teaching music, arts, dance or business 11-3 (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 and50 percent excess air. (d) Smoke. Measurement shall be at the point of emission. The most recent Ringleman Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 on the chart may be emitted, provided that 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 conflines of the principal building in such concentrations as to be detrimental to or endanger the public health, welfare, . ..-I .'y. 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. (g) Liquid Wastes. All liquid 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 discharge into the City's sanitary sewerage system shall not exceed 200 gallons per lot per hour between the hours of 9:00 a.m. and 12:OO noon. In order to assure compliance with the performance standards set forth above, the Planner may require the owner or operator of any use to make, without cost to the City, such investigations and tests as may be necessary, in the Planner's sole determination, to show adherence to the performance standards. Such, investigations and tests shall be done by an independent testing organization approved by the Planner. 17-6 ... .- 6. Mini-Storage Warehouse Standards. (a) No doors through which personal unloaded shall be located on a side of a residential district. property is loaded or building which faces a (b) In addition to the requirements in this -section for temporary retail sales permits, the following requirements shall (i) no more than two temporary 'retail sale permits per principal building, or per lot if there is more than one principal building on the lot, shall be issued annually in accordance with the provisions of this paragraph; and apply: (ii) said permit shall be applied for only by the owner or owners of the principal building, it being the intent hereof that each lessee within the mini-storage building shall not be eligible individually for a temporary retail sales permit. (c) Only non-perishable and non-volatile products may be stored. .. . . .* 17-7 SECTION 18. REGIONAL MEDICAL DISTRICT (RMD) A. Principal Uses. 1. Hospitals. 2. Medical.and dental offices and clinics. '3. Laboratories for performing medical or dental research, diagnostic testing, analytical or clinical work, having a direct relationship to the providing of health services, including, but not limited to, medical research, radiology, hematology, serology, immunology, allergy, biochemistry, basal metabolism, microbiology, parasitology, pathology, histology, cytology, toxicology and pharmacology. Laboratories engaged in the production or manufacture of goods or products for commercial sale or distribution shall not be considered laboratories within the meaning and intent of this paragraph. B. Accessory Uses. 1. Living quarters and recreational and educational facilities for nurses, interns, staff members and hospital employees, provided that such uses are located within or are contiguous to the principal building. 2. Off-street parking facilities -for :ambulances, service trucks and automobiles owned by tenants, employees, patients and visi tors. 3. Within principal buildings having a gross floor area of 40,000 square feet or more, ten percent of the floor area may be occupied by retail uses allowed in the PC-1 and PC-2 subdistricts, provide'd that the primary function of such uses is to serve the needs of occupants of, and visitors to, the principal use. 4. Helistops for use by helicopters involved in emergency rescue operations. C. -Requirements for -Building.Coverage; Setbacks and Height. 1. Floor area ratio. 1.0. 2. Setbacks. Interior Front Side Side Rear Street Street Yard Yard k or the building height if greater. 18-1 3. Building Height. No maximum. Height is determined by required setbacks. 4. Minimum Tract Area. No tract of land shall be transferred to the Regional Medical District unless the tract measures at least ten acres in area or is contiguous to other land in the Regional Medical District. .. D. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply. 1. All mes shall conform to the same requirements as are established by this ordinance for the Planned Office District (POD). 2. All uses shall comply with the same standards for residual features as are established by this ordinance for the Planned Industrial District (PID). .. . 1 . ... .. _"_. 18-2 SECTION 19. AUTOMOBILE PARKING DISTRICT (APD) A. Principal Uses. 1. Parking lots. 2. Parking ramps and garages. 3. Drive-through banking facilities. B. Requirements for Setbacks. 1. Parking Lots. Interior Front Side Side Rear Street Street Yard Yard 20 20 I 10 I 10 2. Parking Ramps, Garages and Other Structures. Interior Front Side . Side Rear Street Street Yard Yard 35 1 ;k 35';:- 20 ;. . 20 ' ;': ;k or the building height if greater. C. Special Requirements. . In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply. 1. No parkgng ramp, garage or other structure, or any part thereof, shall be located within 50 feet of the nearest lot line of any property in a residential district used for residential purposes. 2. The front street or side street setback for parking ramps the ramp, garage or structure is located across the street from a property in an R-1 District used for residential purposes. . and garages, and other structures, shall be increased to 50 feet when . 19-1 SECTION 20. HERITAGE PRESERVATION OVERLAY DISTRICT (HPD) A. Purpose. The Council believes that the preservation of the buildings, lands, areas and districts which possess distorical or architectural significance will promote the educational, cultural and general welfare of the residents of the City, and, therefore, establishes the zoning classification to be known as the Heritage -Preservation Overlay District. B. Uses, Site Requirements. The transfer of land to the Heritage Preservation Overlay District shall not change or affect, in any way, the uses allowed on, and the restrictions and requirements then or thereafter applicable to, the land under any other zoning classification in which the land is then or thereafter located, all of which shall continue to apply; but the additional restrictions of the Heritage Preservation Overlay District shall also apply to such land once transferred to the Heritage Preservation Overlay District. - ... C. Procedure for Establishing a Heritage Preservation Overlay District Zoning. The transfer of land to the Heritage Preservation Overlay District shall be accomplished pursuant to paragraph B.4 of section 4 of this ordinance, provided, however, the Commission shall not review the petition and the Council shall not act on the petition until it has received the report and recommendation of the Heritage Preserva- tion Board. In transferring any land to the Heritage Preservation Overlay District, the interior appearance of any buildings then located thereon shall also be deemed subject to the permit requirements of this section, unless in making the transfer of any specific parcel of land into the Heritage Preservation Overlay District, the ordinance specifically states that the interior of any one or more buildings, specifying the same, is not subject to the permit requirements of this sect ion. 8 D, Filing of Transfer. After the transfer of any property to the Heritage Preservation Overlay District, the Clerk shall file a certified copy of the amendment to this Ordinance making such transfer with the office of the Register of Deeds or the Registrar of Titles, whichever office is appropriate; but failure to so file shall not affect the validity of such transfer or the application of the provisions of this - ~ . -_-_ -_.. section to such property. - . .- .. E. Permit Required for Certain Work. A permit shall be required -.Heritage Preservation Overlay District or in, on or to any improvements before any of the following work is done on or to any land within a . thereon. 1. Any remodeling, repairing or altering that will change in any manner the exterior appearance, or the interior appearance, of a building, unless the interior of the building is not subject to the permit requirements of this section as set out in the ordinance 20-1 transferring t,,e land on wh,zh the bu Heritage Preservation Overlay District. 2. Moving a building. ding is situate1 to the 3. 4. Destroying a building in whole or in part. Changing the nature or appearance of the land. 5. Constructing a new building or-any other structure or improvement. Any work for which a permit is granted pursuant to this section shall yet to be subject to all other requirements, including other permits required, for such work under other ordinances of the City. F. Procedure for Obtaining Permit. 1. Application with Building Official. A permit app.licant shall be the owner or owners of the land or building upon which or to which the work is to be done. The permit applicant shall make application for the permit required by paragraph E of this section with the Building Of-Eicial on forms provided by him, and containing at least the following information: (a> (b) description and address of the property; names of the owner or owners; -.. . (c) plans for the work to be done under the permit, showing the same in .such reasonable detail as the Building Official shall require; and - (d) if remodeling, repairing or altering is to be done, renderings or-pictures, showing the condition of the building or buildjngs after completion of the proposed work. 2. Submission to and Recommendations of Planner and Heritage Preservation Board. The Building Official shall submit the Planner shall make his report and recornendation on the application to the Heritage Preservation Board, and the Heritage Preservation Board, after making its findings pursuant to City Ordinance No. 802, shall make its recommendation to the Planner to 'approve or disapprove the issuance of the permit. The Planner shall not authorize issuance of any permit which the, Heritage Preservation Board has disapproved. . application, with all.- required -information,. to. the -Planner. . The . ~ - . .. . . ., 3. Issuance of Permit. The Building Official shall issue the permit only upon receipt of the approval of the Planner authorizing issuance of the permit. 20-2 j . - . . . . . or the of 4. Appeal by Applicant. If the Planner disapproves the issuance of the building permit, the applicant may appeal to the Board, pursuant to the provisions of paragraph A of section 4 of this ordinance relating to appeals of administrative decisions. 5. Hearing and Order by Board. The procedure for hearings and orders by the Board on appeals made-pursuant to this, section shall be the same as for other appeals of administrative decisions made under and pursuant to paragraph A of section 4 of this ordinance, except that notice of the hearing shall be given in the same manner .as a request for a variance, and shall also be given to the Heritage Preservation Board. The decision of the Board may be appealed to the Council pursuant to the provisions of paragraph A of section 4 of this ordinance. 6. Hearing and Decision by Council. The procedures for hearings and decisions by the Council for appeals made pursuant to this section shall be the same as set out in paragraph A of section 4 of this ordinance, except that notice of the hearing shall be given in the same manner as a request for a variance, and shall also be given to the Heritage Preservation Board. G. Maintenance of Historic Buildings and Structures. Every owner person in possession of a building or structure situated on land in Heritage Preservation Overlay District shall keep in good repair all the exterior portions of such building or structure and all interior portions thereof unless the ordinance, as set out-:in paragraph C of this section, specifically states that the interior of that building or structure is not subject to the permit requirements of this section; provided, however, that such interior portions shall be maintained even if not otherwise required by this section where failure to maintain may cause or tend to cause the exterior portions of such building or structure to fall into a state of disrepair. H. Order to Repair; Remedies for Violation. 1. Inspection. Whenever it shall come to the attention of the Building Official, by written complaint of any person or agency, or otherwise, that a building or structure is in violation of his duties, shall cause a preliminary examination to be made of the building or structure and premises. If it then appears that the building or structure is in violation of paragraph G of this section, structure to be made. Upon completion of the inspection, if it then appears that the building or structure is in violation of said paragraph G, the Building official shall issue a written order to the owner or occupant thereof requiring repair. . ..- ----paragraph G of this section; the Building Official-;. in the --course of -..- -. he shall then cause a detailed inspection of the building or . ~ __ 8 2. Appeals. Any person who deems himself aggrieved by such , order may appeal the order to the Council by filing a written appeal 20-3 with the Clerk within 30 days after the date of such order. Such appeal shall fully state the order appealed from, the data thereof and the facts of the matter. Upon such an appeal being filed, the Building Official shall make a written report and submit it to the Council. If no appeal is so filed within said 30-day period, the order shall be final. 3. Council to Call Hearing. The Council shall examine the report of the Building Official, and if there is probable cause tc believe that the building or structure is in violation of said paragraph G, shall have the matter set for hearing. 4. Notice of Hearing. Notice of hearing shall be given in a form prescribed by the Council. The form shall: (a) set forth the street address and legal description sufficient for identification of the premises upon which the building or structure is located; (b) contain a brief statement of the conditions mentioned in the report of the Building Official which show probable cause to believe that the building or structure is in violation of said paragraph G; (c> (d) state the date, hour and place of the hearing; and order all interested parties who desire to be heard in the matter to appear before the Council to show cause why the building or structure should not be ordered repaired. 5. Hearing. The Council, at such hearing, shall hear and consider any evidence offered by any person who is to be heard. The Council, upon conclusion of the hearing, at the same meeting or at a specified future meeting thereof, shall make its decision, giving its reasons therefor,-as to whether or not the building or struction in question is in violation of said paragraph G. 6. Order to Repair. If the Council determines that the building or structure involved is in violation of said paragraph G, The Order shall set forth the street address of the building or structure and a legal description of the premises sufficient for identification. It shall contain a statement of the particulars which render the building or structure in violation of said paragraph G, and a statement of the work required to be done. The Order shall state a reasonable time within which the work required must be commenced, and shall further specify a reasonable time within which the work shall be completed. The time for completion may, by Council resolution, be extended for just causes upon written application of any interested party or parties. - it shall issue. ann0rder that the building or structure be repaired. - '- -..*.I+ 20-4 . 7. Penalty for Disregarding the Order. If the Order of the Council is not complied with within the time provided in the Order, as extended, the City may make the necessary repairs through its agents, employees or contractors. The City shall have a lien against the property as of the date of filing a certified copy of such Council Order or other evidence thereof, in such office of the county as is necessary to give ,constructive notice of such. lien. The lien shall be for all reasonable expenses incurred in making such repairs, including administrative expenses and attorneys' fees, and including interest on all such expenses and fees from the dates incurred until paid at the same rate of, interest as is payable on unpaid fees and expenses due the City pursuant to paragraph E of section 4 of this ordinance. In addition, such noncompliance shall be a violation of this ordinance, and the provisions of paragraph H of section 4 of this ordinance shall apply. 20-5 \ SECTION 21. FLOODPLAIN OVERLAY DISTRICT (ED) A. Declaration of Policy; Purpose. In addition to the findings, purpose and objectives set out in section I of this ordinance, it is hereby found and-declared, that: \ City, in their natural state, are a valuable land resource; 1. lands within floodplains, as hereafter defined, in the . 2. development within any such floodplain must be regulated OR the basis of, and with full consideration of, the impact on the whole of that floodplain and on the watercourses and water bodies of that floodplain; I 3. such lands are or may be subject to loss or impairment of value and physical degradation through uncoordinated and unplanned development; and 4. such lands are necessary and desirable to avoid rapid runoff of surface waters, to prevent polluting materials- from being carried directly into the watercourse or water body, to preserve adequate ground water infiltration, to protect surface and. ground water supplies, to minimize the possibility of periodic flooding resulting in loss of life and property, health and safety hazards, disruption of governmental services, extraordinary public expenditures for projects to contain, store and control runoff, and impairment of the tax base, all of which adversely affect the public health, safety and welfare. It is, therefore, the purpose of this section to guide and regulate the orderly development of such lands to insure maintenance and preservation, in their natural state, of needed and desirable natural water storage areas;' -and watercourses and water bodies and their shorelines and adjacent vegetation and topography and to minimize the . possibility of, and pollution and losses resulting from, runoff and flooding, all thereby to promote and protect the public health, safety and general welfare. B. Floodplain Overlay District Established, The inclusion of land ... within the Floodplain Overlay-District shall not change or affect; in any way, the uses allowed on, and the restrictions and requirements then or .thereafter applicable to, the land under any other zoning classi5ication in which the land is then or thereafter located, all of whioh shall -continue to apply, but the additional restrictions of .the Floodplain Overlay District shall also apply to such land. - ...- -. ~ .. -- . C. Definitions. The words and .phrases used in this section shall be subject to the rules of construction and definitions in section 3 of this ordinance, and, to the extent defined below, shall have the following meanings: 21-1 Channel: A natural or artificial depression of perceptible extent, with definite beds and banks to confine and conduct, either continuously or periodically, the water in the respective creeks of Nine Mile Creek and Ninnehaha Creek. (. .Commissioner: The Commissioner of the Department of Natural Resources of the State of Minnesota. Eqcal Degree of Encroacment: A method of determing the location of encroachment lines so that the hydraulic capacities of floodplain lands on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to floodplain encroachments. Flood or Flooding: A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel or to water bodies in the floodplain. Floodplain: The areas adjoining a watercourse or water body which have been or hereafter may be covered by the regional flood . Floodplain Overlsy District: . A zoning district , the boundaries of:which coincide with the boundaries of the floodplain. Floodproofing: A combination of structural provisions, changes or adjushients to properties and structures subject to flooding, primarily €or the reduction or elimination of flood damage. . Map: Mobile Home: A structure, transportable in one or more sections, which is built on a permanent chassis and designed to - be used with or without a permanent foundation when connected to the required utilities. It does not include recreational vehicles or travel trailers. The term includes, but is not limited to, the definition of "mobile home"' as set forth in federal regulations governing the Mobile Home Safety and Construction Standards Program (24 CFR 3282.7(a)). Mobile Home Park: A parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale.. !, The official Floodplain Zoning Map hereinafter described. .- ... - - - - I-.-......_- -___ Obstruction: -4ny storage of material or equipment, dam, wall, .. wharf, embankment, levee, road, dike, pile, abutment, . projection, excavation., . channel, rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter in, along, across or projecting, in whole or in part, into any floodplain, -. -8 -( i '* 21-2 P Reach: A . hydraulic engineering term to describe longitudinal segments of a stream or river influenced by a natural or man-made obstruction. Regional Flood: A flood which is representative of large floods known to'have occurred generally in the State of Minnesota and reasonably-characteristic of what can be expected to occur on an . average frequency in the magnitude of the 100-year recurrence . interval. Regulatory -Flood Protection Elevation: A point not less then one foot above the elevation of the floodplain, plus any increases in flood heights attributable to encroachments on the floodplain; the elevation to which uses regulated by this section are required to be elevated or floodproofed. D. Lands Subject to Ordinance; Establishment of Official Floodplain Zoning Map; Interpretation. 1. Lands Subject to Ordinance. The Floodplain Overlay District shall encompass all lands within the jurisdiction of the . City and shown on the Map as being located within the boundaries' of the floodplain. 2. Establishment of Official Floodplain Zoning Map. The Map, a composite copy of which, reduced in size, is appended to this ordinance, and is hereby adopted by .reference and declar2d to be a part of this ordinance. The Map shall be on file in the office of the Planning Department and shall be open to public inspection during normal business hours of the City. The Map is based upon the Nine Mile Creek Watershed District Plan and Management Profile, the Flood Insurance Study dated November, 1979, prepared for the City by tke Federal Insurance Administration, and the Flood Insurance Study datzd March 16, 1981, prepared for the City of Bloomington by the Federal Insurance Administration (hereinafter collectively called the tlFISI1), the Flood Boundary and Floodway Maps attached thereto as Exhibit 2, and the Flood Insurance Rate Maps referred to in the FIS, dated May I, 1980, for the City, and September 16, 1981, for Bloomington, all of which are on file in the office of the Planning Department. . -. - -_ 3. Interpretation. The boundaries of the floodplain shall be. determined by scaling distances on the Map. In the event that interpretation is needed as to the exact location of the boundaries of the floodplain as shown on the Map, as, for 'example, should there appear to be a conflict between a mapped boundary and actual field conditons, the Board shall make the necessary interpretation based on elevations in the Official Floodplain Zone Profile (hereinafter called the "Flood Profile"). The Flood Profile, a copy of which, reduced in size, is appended to this section, is hereby adopted by reference and declared to be part of this ordinance. The Flood 21-3 c Profile shall be on file in the office of the Planning Department and shall be open to public inspection during normal 'business hours of geographical . location corresponds to the elevation at such geographical location as shown on either the -Nine Mile Creek Watershed District Management Profile or the flood profiles attached the City. The elevation shown on the Flood Profile at any givec i c - .< as Exhibit 1 to the FIS; whichever iS the more restrictive. .- E. Floodplain,Overlay District Uses; Permits and Standards. .l. Existing Land Use. No land use shall be changed, nor shall any -obstruction be changed in its use or be constructed, erected, added to, altered, placed or done, if such use or obstruction is wholly or partly within the Floodplain Overlay District except in full compliance with all applicable ordinances of the City, and unless a special permit is first obtained pursuant to this ordinance. Without limiting the generality of the foregoing, land use shall be deemed to have changed when any utilities are installed in, or any road or structure is placed on, the land. 2. Standards and Conditions for Issuance of Special Permits. No special permit shall be issued for any use or obstruction to be placed in the Floodplain Overlay District unless ,the following . provisions are complied with: (a) A strip of land running along all sides of the channel of Nine Mile Creek or Minnehaha Creek;., .as the case may be, contiguous to the land for which the special permit is being considered, and extending from a line not less than 100 feet upland from the centerline of the Channel of Nine Mile Creek or Minnehaha Creek, as the case may be, to and including the bed of the channel, shall be either: (i) (ii) dedicated to the City for public use; or subjected to a conservation restriction pursuant to Minnesota Statutes, §§ 84.64 and 84.65, in favor of the City for the purpose of retaining that area predominately in its natural and open condition and for the purpose of beds and banks of the creek and the floodplain. - widening;-.deepening, -sloping; -improving or protecting. the -.. . The Planner shall determine which of these options is more to the City an easement for ingress to and egress from said strip of land with workers, equipment and ,material. Whenever the easement and conservation restriction are determined to be in the best interests of the City, said conservation restriction shall also provide that the owners of the area as to which such conservation restriction is granted shall not make, do or place -- -appropriate. .In either case, there shall - also then. be granted -_ 21-4 ._ any.obstruction or structure of any kind on or in such area or raise the level of the area in any way, but all such right to obstruct and place structures on, and to raise the level of, the area .shall be granted by said conservation restriction to the City. Such dedication or easement: and conservation restriction need not be given if previously given to the City pursuant to the City's subdivision ordinance. - (b) No special permit shall be issued for any obstruction or use which, acting.alone or in combination with existing or . anticipated future uses or obstructions, will or may unduly decrease the capacity of the channel of the creeks or water bodies in the floodplain or the floodplain, itself, or the capacity of any drainage ditch, facility area or system, or the channel of any tributary to the creeks or water bodies, or unduly result in danger to persons or property. Consideration of the effects of a proposed obstruction or use shall be based on the reasonable assumption that there will be an equal degree of encroachment on both sides.of the creek for the full reach of the proposed use. For purposes of this paragraph, any. obstruction or use which, acting alone or in combination with existing or anticipated future uses or obstructions, causes, in the reach of the watercourse in which the obstruction cruse is placed, or in any other reach of the watercourse, an increase in floodplain elevation of more than one-half foot over and above the elevation of the floodplain as shown on the Flood Profile, shall be deemed, prima facie, to unduly-+increase flood heights and to unduly decrease the capacity of the channel or floodplain. (c> KO special permit shall be issued which will or may result in the placing. of any obstruction which restricts the right of public passage and use of the beds, banks and water of Nine Mile Creek or Minnehaha Creek, except that special permits may be issued for obstructions approved by the Nine Mile Creek Watershed District as to Nine Mile Creek, and the Minnehaha . Creek Watershed District as to Minnehaha Creek, in.which case adequate provision shall be made for portaging and passage of watercraft. 1 . - . . .. . . .. (d) No special permit shall. be issued for any-obstruction or use which, acting alone or in combination with existing or anticipated future uses or obstructions, will or may adversely affect land or water areas essential to the protection of surface and ground water supplies. (e> No special permit shall be issued which will or may result in an obstruction or.use incompatible with preservation of natural land forms, vegetation, marshes, wet areas and water bodies within the floodplain which are a principal factor in the maintenance of constant rates of water flow in Nine Mile Creek or Minnehaha Creek throughout the year. 21-5. .. . .. (f) No special permit shall be issued which will or may result in the placing of an obstruction on, or development of, a 'land or water areas essential to temporary withholding of rapid t runofr' of surface water contributing to downstream flooding or of land and water areas essential for providing ground water infiltration, and which construction or development will or may decrease the capacity of such areas to withold such surface waters or provide such ground water infiltration. i: (g> No special permit shall be issued for any fill unless shown to . have some beneficial purpose , and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the . uses to which the filled land will be put, the kind of fill and the final dimensions of the proposed fill or other materials.. Such .fill shall be Protected against erosion by riprap, vegetative cover or bulkheading, as and to the extent required by the special permit. (h) No special permit shall be issued for garbage or waste disposal sites or systems. (i) No special permit shall be issued for mobile homes or No special permit shall be issued for any obstruction mobile home parks. '(j) unless such obstruction shall be: .-;+-.. ., . (i) designed and adequately anchored to prevent flotation, collapse or lateral movement; (ii) constructed with materials and utility equipment resistant to flood damage; and (iii) constructed by methods and practices that minimize flood damage. (a) No special permit shall be. issued for new or replacement water supply systems or sanitary sewerage systems infiltration of flood waters into such systems. Sanitary sewerage systems must be designed to minimize or eliminate discharges from such systems into flood waters. Onsite waste * disposal systems must .be located to avoid impairment to them or contamination from them during flooding. No special permit shall be issued unless the proposed use or obstruction has received the approval of all governmental bodies having jurisdicton over such use or obstruction, including the Nine Mile Creek Watershed District or the unless such *systems .are -designed * to minimize. or eliminate . -_. _. .. ~ .. (1) 21-6 Minnehaha Creek Watershed District, as the case may be, and the Commissioner, if said approval is requested by the City or required by the statutes, ordinances, rules or regulations adopted. by such governmental bodies or applicable to such governmental bodies and to such use or obstruction, The City, however, may act on a special permit without such approval if only requested-by the City and not otherwise required. (m) No special permit shall be issued unless the proposed use or obstruction conforms to the Comprehensive Plan and other land use plans and planning objectives of the City, for the-area in which the use or obstruction is to be made or placed. 3. Utilities, Railroad Tracks, Streets and Bridges. Public utility facilities, roads, railroad tracks and bridges within the floodplain shall be designed to minimize increases in flood elevations and shall be compatible with the floodplain development ' plans of the City and of the Nine Mile Creek Watershed District or the Minnehaha Creek Watershed District, as the case may be. . 4. Adjustments of Regulatory Flood . Protection Elevations and Floodplain Elevations. In connection with any proposed development of, or proposed placing of an obstruction in, the floodplain, if the regulatory flood protection elevations and floodplain elevations then being used reflect proposed measures for flood control, including water retention areas, then such elevations shall not be effective or used in issuing a special permit until measwes are constructed and operative, unless the proposed measures will increase flood heights, . in which event the. regulatory flood protection elevations and floodplain elevations used in issuing a special permit shall reflect the anticipated increases. F. Additional Restrictions. 1n.addition to the requirements snt . out in paragraph E of this section, no special permit shall be issued for any use or obstruction in the Floodplain Overlay District unless the following provisions are met: 1. Structures. Structures shall be constructed so that the basement floor, or first floor if there is no basement, is above th2 shall be no more than one foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least 15 feet beyond the limits of any structure or 5uilding elevations which make compliance with the foregoing two sentences impractical, or in other speciap circumstances, a variance request may be made to the Board and the Board may authorize other techniques for protection of the structure in accordance with the floodproofing regulations made a part of the Minnesota State Building Code as, and ' to the extent, adopted by the City; provided, however: -,- . , . regulatory- flood .protection elevation. ---The finished ground elevation . . - .- . erected thereon. Where existing. streets or utilities are at .. . 21-7 i (i) all residential structures shall be constructed. so that the basement floor, or first floor if there is no basement, is above the regulatory .flood protection .c. elevation; and (ii) any nonresidential structure with a baseaent floor, or first floor if there is no basement, not elevated above ths regulatory flood protection elevation must be floodproofed 'to FP-1 or FP-2 classification in accordance with the floodproofing regulations made a part of the Minnesota. State Building Code as, and to the extent, adopted by the .City. 2. Subdivisions. No land shall be subdivided which is determined by the City to be unsuitable for subdivision by reason of potential flooding, inadequate drainage, 'water supply or semge treatment facilities. Each lot: within the floodplain shall contain a building site at or above the regulatory flood protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with t'ne provisions of this and other applicable ordinances of the City. All subdivisions shall have 'road access both to the subdivisi.on and to the individual building sites no lower than two feet below the regulatory flood protection elevation. 0 3. Development in the Floodplain. Applicants for special permits to develop in the floodplain shall provide: t :.::%. i' (a) the information required by, or necessary to prove compliance with, this section; and (b) evidence that all necessary permits have bGen received from those governmental agenciss from which approval is required by federal and state law, including, without limitation, 33 U.S.C. 1344, as amended. 4. Other Uses. Accessory land uses, such as yards and parking lots, may be at elevations lower than the regulatory flood protection elevation if a special permit is first granted pursuant to this ordinance; provided, however, that any special permit granted for any such use which would . .- L_ -. .. (a) involve premises which would be inundated by the regional flood to heights greater than two feet or would be subject to flood velocities 'greater than four feet.per second in the event of a regional flood, and .:. (b) entail use '.of -such premises by employees or the general public, 21-8 shall be conditioned upon the installation on such premises of a flood warning system capable of providing adequate evacuation time in the event of a regional flood. 5. Storage. Any storage or processing of materials that in time of flooding may be buoyant, flammable, explosive or could be injurious to human, animal or.plant life,-is prohibited. G. Administration; Applications for and Issuance of Special Permits and Variances; Recommendation of Watershed Districts; Certificates of Zoning Compliance. 1. Administration. The Planner shall administer and enforce this section. 2. Special Permits and Variances Required; Grounds for Variances. A special permit or variance shall be applied for and obtained pursuant hereto prior to the construction, erection, addition, alteration or change of use of any obstruction wholly or partly in the Floodplain Overlay District and prior to the change of use of any land, which use is wholly or partly in the Floodplain Overlay District. Variances may be granted only in the event that strict enforcement of the literal provisions of this ordinance will cause undue hardship because of circumstances unique to the individual property under consideration, and only if the action allowed by such variance will be in keeping with the spirit and intent of this ordinance. Undue hardshipsy.shal1 have the same meaning, and shall be interpreted in the same way, as in paragraph A of Section 4 of this ordinance; 3. Applications for Special Permits and Variances, Applications for special permits and variances under this ordinance shall be made, in duplicate, by the owner or owners of the land, to the Planner, on forms furnished by the City, and shall be accompanied initially by such of the following information, data and plans as is deemed necessary by the Planner for determining compliance with this ordinance, evaluating the application and determining the effects of the proposed activity on the creek, marshes, wet areas and vater bodies in the Floodplain Overlay District and the suitability of the variance : . , particular. site for -the -proposed -improvement,- use; --obstruction or a -'--..L. (a) Plans, including a survey by a Minnesota registered .. -land surveyor, in duplicate, drawn to scale,. showing the nature, location, dimensions and elevation of the lot, existing and proposed obstructions, the relationship of the lot and existing and proposed obstructions to the location of the channel, marshes, wet areas and water bodies, surface water drainage plans and floodproofing measures. 21-9 (b) A valley cross section showing the channel of the stream, elevation of land areas adjoining each side of the channel , cross-sectional areas to be -occupied by the proposed development, high water information, all drainage areas, all land forms and adjacent marshes, wet areas and water bodies. (c) Plans (surface view), including. a ' survey by a Minnesota registered land surveyor, showing elevations or contours of the ground, pertinent obstruction elevations, size, location and spatial arrangement of all proposed and existing obstructions on the lot, location and elevations of streets, water supply and sanitary facilities, photographs showing existing land uses and vegetation upstream and downstream, and soil types. (d) Profile showing the slope of the bottom of the channel or flog line of the stream. (e> Specifications for building construction and materials, floodproofing, filling, dredging, grading, channel improvement , storage of materials, water supply (including withdrawal and discharge of ground and surface water) and sanitary facilities . (f) Description of the water quality if other than a municipal water system is used, maximum yearly withdrawal of ground water, and the impact on the receiving creek, marsh, wet area or water body of discharged surface and ground water. (g) Statement of the private and public benefits anticipated from the proposed activity, the alternatives to the proposed activity, the effect of the proposed activity on the capacity of the floodplain and on flood heights, and the adverse effect, if any, on the floodplain and the creek, marshes, wet areas and water bodies in the floodplain which cannot be avoided if the special permit or variance is granted. 4. Submission of Application. -. - -.. . . 2. - .. . .,.. (a)- For .a .Special Permit. . Within -45' days after-receipt of- the application fox a special permit, fee and initial information requested, the Planner shall review the application and submit it to the Engineer, and to the Nine Mile Creek Watershed District or the Minnehaha Watershed District, whichever district is appropriate. _-- ------ (b) For a Variance. Within 45 days after receipt of the application for a variance, fee and initial information requested, the Planner shall review the application and submit it to the Engineer, the Nine Mile Creek Watershed District or the Minnehaha Watershed District, whichever district is appropriate, and, with his report, to the Board. 21-10 5. Issuance of Special Permit. Following receipt of the report and recommendation of the Engineer, and upon making P finding that the standards, conditions and restrictions for issuance of the special permit have been satisfied and complied with, the Planner shall issue the special permit. 6. Issuance of Variance. Upon approval of the. app;ication therefor by the Board, or the Council upon any appeal of a decision of the Board, the Planner shall issue the variance. 7. Recommendation of, and Technical Assistance from, Watershed District. The Planner, Board or Council may, at any time and relative to any application, use or obstruction, transmit the information received by him or it to the appropriate Watershed District for advice, recommendations or technical assistance as to the hydrological effect or general impact of any such application, use or obstruction on the floodplain, flood heights, flood velocities or as to the seriousness of flood damage to the use, the adequacy of plans for protection, compliance with this section or other teclhnical matters. The Planner, Board or Council may withhold his or its decision on granting or allowing any special permit, variance use or obstruction until such advice, recommendations or assistance are received. 8. Certificates of Zoning Compliance. Upon completion of any work or project pursuant to a special permit or variance granted pursuant to this ordinance, and prior to thenrzkse or occupancy of the land or obstruction permitted by the special permit or variance, a Certificate of Zoning Compliance shall be issued therefor by the Planner stating that the use of the land or obstruction conforms to the requirements of this ordinance. Prior to issuance of such certificate, the applicant therefor shall submit a certification by a registered professional engineer, architect or land surveyor, as appropriate, that the permitted obstructions, including, but not limited to, finished fill and building floor elevations, flood- proofing or other flood protection measures, have been completedl in compliance with the provisions of this ordinance and in compliance with the information given to the City in connection with the application for the special permit or variance. H. Powers and Duties of Board and Building Official; and Appeals -. .. to, and Hearings by, the Council. ._. . 1. Board of-Appeals and -Adjustments. ... (a> Powers and Duties. The Board shall hear and decide all appeals in which it is alleged there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this section, and all requests for variances in connection with this section, in 21-11 the same manner, including notices, as it hears ant, decides appeals and requests for variances under section 4 of this ordinance, except as otherwise herein provided. (b) Procedure for Variances. After receipt by the Board of the report of the Planner, together with the application for a variance and initial information requested by the- Planner, the Board shall hear and decide upon such application in the same manner, including notices, as it hears and decides upon variances under section 4 of this ordinance, except: (i) no variance shall have the effect of permitting a residential structure to be at a lower elevation than the regulatory flood protection elevation for the individual property under consideration; (ii) no variance shall have the effect of permitting a non-residential structure to be at a lower elevation than the regulatory flood protection elevation for the individual property under consideration unless such structure is floodproofed to FP-1 or FP-2 classification in accordance with the floodproofing regulations made a part of the Minnesota State Building Code as adopted by the City; and (iii) in deciding upon any variance the Board shall also consider the policies and purposes of this section and all of the standards and conditions set out in paragraph E.2 of this section, and the degree of conformity with such standards and conditions as will result if the variance is granted. (c> Procedure for Appeals. Appeals to the Board shall be made and acted upon by the Board, and, if appealed, such appeal shall be made, and shall be heard and acted upon, by the Council in accordance with the provisions, including notices, of section 4 of this ordinance, relative to the subject matter of the appeal. ... .-- . 2,. - Records of Elevation. The Building Official shall maintain- * a record of the elevation of the basement floor, or first floor if there is no basement, of all structures constructed or placed in the Floodplain Overlay District from and after April 23, 1980, and of all additions to structures in the Floodplain Overlay District as of April 23, 1980. The Building Official shall also maintain a record of the elevations to which such structures or such additions to structures are floodproofed. 3. Conditions Attached to Special Permits and Variances. The Planner may attach such conditions to the granting of special permits, and the Board, and the Council on appeal, may attach such 21-12 conditions to the granting of variances, as the Planner, Coxtcil or Board deems necessary to fulfill the purposes of, and insure compliance with, this ordinance. 4. Notice of Hearing Given to Commissioner; Special Permits and Variances Forwarded to Commissioner and Watershed Districts. The .. Planner shall -give mailed notice to the Commissioner of -each- hearing for a special permit ’or variance, together with a copy-of the application for the special permit or variance, not less than ten days before the date of hearing. Also, a copy of each special permit or variance issued or granted shall be forwarded to the Commissioner and to the secretary of the appropriate Watershed District within ten days after issuance or granting thereof. 5. Lapse of Special Permit or Variance by Nonuser; Extension of Time. b (a> If within one year after the date of the issuance or grant of a special permit, or after the date of the meeting of the Board, or the Council on appeal, at which the variance was granted, the owner or occupant of the affected land shall not have obtained a building permit, if one is requited, and commenced the work authorized by such special permit or variance, then the special permit or variance shall become null and void unless a petition for an extension of time in which to commence such work has been granted, as provided herein. . ’?. (b) The petition for extension: (i) shall be in writing, and filed with the .Planner within said one year period; - (ii) shall state facts showing a good faith attempt to use the special permit or variance; and (iii) shall state the additional time requested to commence such work. The petition, if it relates to a special permit, shall be heard petition for a special permit, unless such procedures have been changed by amendment to this ordinance, in which event the then applicable procedures shall be used. The petition, if it relates to a -variance;- shall be presented to the Board for hearing and decision, and appeal to the Council, in the same manner as the original request for a variance, unless such procedures have been changed by amendment to this ordinance, in which event the then applicable procedures shall be used. In determining whether the petitioner has made a good faith attempt to use such special permit or variance, the Planner, Board or .-- and .decided- by the Planner, in the same manner as the original -1 . I” 21-13 Council may consider such factors as the design, size, expense and type of the proposed work. . I, Non-Conforming Obstructions and Uses; Lapse; Destruction. An obstruction or the use of an obstruction or premises, which was lawful when constructed, placed or commenced, but which is not in conformity .- -- with the provisions.of.this ordinance, may be continued, -subject to the following conditons: - 1. No such obstruction or use shall be expanded, changed, enlarged or altered in any way without complying, in all respects, with this ordinance, including, but not limited to, the obtaining of all required special permits and variances. 2. The cumulative cost of all expansions and alterations of, and additions to, any such obstruction during the life of the obstruction shall not exceed 50 percent of the assessed value of such obstruction for real estate tax purposes as of April 23, 1980, unless the effect of such expansions, alterations and additions is to convert such obstruction into a conforming use or substantially reduce potential flood damage to such obstruction. 3. If such use of such obstruction or such premises is discontinued for one year or longer, any subsequent use of the obstruction or premises shall comply, in all respects, with this ordinance, including, but not limited to, the obtaining of all Z.aT rw required special permits and variances. 4. If any non-conforming obstruction is destroyed or damaged by any means, including floods, to the extent that the cost of repairing or restoring such destruction or damage exceeds 50 percent, as estimated by the Engineer or some other person designated by the Manager, of the cost of re-erecting a new obstruction of like kind and quality and of the same physical dimensions and location, then it shall not be reconstructed except in full compliance, in all respects, with the provisions of this ordinance, including, but not limited to, the obtaining of all required special permits and variances. .-- .. . J. Right of Passage. It. shall >be unlawful for *any -person-, without --.-------* a special permit obtained pursuant to this ordinance, to place any obstruction in Nine Mile Creek or Minnehaha Creek or to obstruct, in any way, the passage of watercraft, or to interfere, in any way, with the use . - by -the public of the beds, banks, waters or channels of said creeks, except obstructions plac'ed by the appropriate Watershed District and used for floodplain management, in which event adequate provision shall be made for portaging and passage of watercraft. 21-14 K. Removal of Obstructions. 1. Natural Obstructions. The City shall have the right of reasonable entry upon lands in the floodplain, including those adjoining Nine Mile Creek and Minnehaha Creek, for the purpose of ingress to and egress from the floodplain and the beds, banks, channels and waters of the creeks and water bodies therein to remove any natural obstructions such as, but not limited to, trees, debris, litter and silt. 2.. Artificial.Obstructions. Any artificial obstruction of the 'beds, banks, channels or waters of Nine Mile Creek or Minnehaha Creek or in the floodplain made subsequent to February 8, 1973 and not made pursuant to a special permit or variance granted pursuant heneto shall be removed by the owner of the adjoining land within ten days after mailing to such owner of a demand to do so by the Planner.. If the owner shall fail or refuse to remove the obstruction within said time, or if the owner cannot be found or determined, the City may remove such obstruction and the costs thereof shall be paid by the owner on demand, or may be assessed against the land and collected in the same manner as prescribed by law for levying and collecting special assessments for municipal improvements. L. Public Nuisance. Every obstruction or use placed or maintained in the floodplain in violation of this ordinance is hereby declared to be a public nuisance, and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial;-action. 8 M . Amendments . 1. The boundaries of the Floodplain Overlay District, as shown on the Map, and the floodplain elevations as shown on the Flood Profile, may be changed by amendment to this ordinance, and such changes, when made, shall be . shown on the Map and on the Flood Profile. If it can be shown to the satisfaciton of 'the Council that any elevation is in error, the elevation will be corrected by the Council by amendrzrent to this ordinance. 2. All amendments shall be submitted to the Board of Managers _.__l....-. . . of the Nine-Mile. Creek Watershed District-- and the Minnehaha -Creek -.-------..-... ' Watershed District and the Commissioner, and shall be approved by the Commissioner prior to adoption. N. Warning and..Disclaimer of Liability. This ordinance does not imply that areas outside the floodplain or land uses or obstructions permitted within the floodplain will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City or any official or employee thereof for any flood damages that result from reliance on this ordinance or any City action taken or administration, Board or Council decision lawfully made hereunder. 21-15 SECTION 22. REPEALER City Ordinances No. entirety effective as of 811 and No. 816 are hereby repealed in their 8 the date this ordinance becomes effective. SECTION 23. EFFECTIVE DATE This ordinance shall be in full force and effect immediately upon its passage and publication. ... . _- . .. 22-1 vocations which are open for operations between 6:OO pm and 7:OO am on three or more days per week. (b) No conditional use permit shall be issued unless the Council finds that the hours of operation of the proposed use(s> will be complementary to other uses in the building or on the property and will not adversely impact.the residential character of surrounding properties. E. Requirements for Lot Areas and Dimensions. 1. Minimum Lot Area. (a) single dwelling unit 9,000 square feet bu i Id ing (b) elementary schools, 5 acres, plus 1 acre preschools and nurseries for each 150 pupils as a principal use of planned maximum . enrollment (c> junior high schools, 10 acres, plus 1 acre senior high schools, for each 150 pupils seminaries, monasteries of planned maximum and nunneries enrollment (d) religious institu- 3 acres. t ions 2. Minimua Lot Width. Single dwelling unit 75 feet bui Id ing 3. ' Minimum Lot Depth. Single dwelling unit 120 feet bui Id ing F. Requirements for Building Coverage, Setbacks and Height. 1. Building coverage: 25% 2. Setbacks (subject to the requirements of paragraph G.l of this section): 11-4 (a) single dwelling unit buildings on lots 75 feet or more in width (b) single dwelling unit buildings on lots less than 75 feet in width . (c> buildings and struc- tures accessory to single dwelling unit buildings (i 1 detached garages , tool sheds, greenhouses and garden houses en- tirely within the rear yard (ii) garages, tool sheds , greenhouses and garden houses not within the rear yard (iii) unenclosed decks and patios (iv) swimming pools, including appurtenant equipment and required decking (VI tennis courts, including appurtenant fencing and lighting (vi) all other acces- sory buildings and structures 8 Setback Interior Front Street 30 ' 30 ' 30 ' 30 ' ..ti<.\-- ' 30 ' 30 ' 30 ' 30 ' Side Street 15' 15' 15 ' 15 ' 15' 15 ' 15 ' 15 ' Side Yard - 10 ' Rear Yard 25 ' 5' 25 ' 3' 5' 5' 10 ' 5' 5' 3' 5' 0 51 10 5' 5' . (d) Other uses 11-5 (i> all conditional 50 50 50 50 use buildings or struc- tures including 'acces- sory buildings or structures (ii> tennis courts, 50 50 50 ' 50 ' maintenance ,buildings, swimming pools and golf driving ranges acces- sory to a golf course 3. Height (a> single dwelling unit 2 1/2 stories or 30 feet, buildings and buildings and whichever is less structures accessory thereto (b) all other buildings 3 stories or 40 feet, and structures whichever is less G. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply. 1. Special Setback Requirements for Single Dwelling Unit Lots. +<. .-: . (a> Established Average Setback. When more than 25 percent of the frontage on one side of a street between intersections is occupied by buildings having front. street setbacks of more or less than 30 feet, the average setback of such existing buildings shall be maintained by all new or relocated buildings on the same side of that street and between said intersections. If a building is to be built or located where there is an established average setback and there are existing buildings on only one side of the built or relocated building, the front street setback of said new or relocated building need be no greater than that of the nearest adjoining principal building. If a building is to be built or relocated . where there is an established average -setback, and.there are existing buildings on bdth sides of said new or relocated building, the front setback need be no greater than that which would be established by connecting a line parallel with the front lot line connecting the most forward portion of the adjacent principal building on each side. (b) Side Street Setback. The required side street setback shall be increased to that required for a front street setback where there is an adjoining interior lot facing on the same street. The required side street setback for a garage shall be increased to 20 feet if the garage opening faces the side street. 11-6 t (c) Interior Side Yard Setback. The required interior side yard setback shall be increased by 6 inches for each foot the building height exceeds 15’ feet. For purposes of this subparagraph, building height shall be the height of that side of the building adjoining the side lot line and shall be measured from the average proposed elevation of the ground along and on the side of the building adjoining the side lot line to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round or other arch-type roof or to the’average distance of the highest gable on a pitched or hip roof. (d) Rear Yard Setback - Interior Lots. If the rear lot line is less than 30 feet in length or if the lot forms a point at the rear and there is no rear lot line, then for setback purposes the rear lot line shall be deemed to be a straight line segment within the lot not less than 30 feet in length, perpendicular to a line drawn from the midpoint of the front lot line to the junction of the interior lot lines, and at the maximum distance from the front lot line. ’ (e) Rear Yard Setback - Corner Lots Required to Maintain Two Front Street Setbacks. The owner of a corner lot required to maintain two front street setbacks may designate any interior lot line measuring 30 feet or more in length as the rear lot line for setback purposes. In the alternative, the owner of a corner lot required to maintain two front street setbacks may deem the rear lot line to be a straight line segment within the lot not less than 30 feet in length, perpendicular to-a line drawn from the junction of the street frontages to the junction of the interior lot lines, said line segment being the maximum distance from the junction of the street frontages. (f) Through Lots. For a through lot, the required setback for all buildings and structures from the street upon which the single dwelling unit building does not front shall be not less than 25 feet. - -7 - . .2. Building .Coverage - Lots ,Less Than 9,000 Square Feet- in -. . Area. Building coverage may be increased to 30 percent for lots less than 9,000 square feet in area, provided, however, that the area occupied by buildings and- structures shall not exceed 2,250 square feet. 3. One Dwelling Unit Per Single Dwelling Unit Lot. No more than one dwelling unit shall be erected, placed or used on any lot unless the lot is subdivided into two or more lots pursuant to the City subdivision ordinance’. 8 11-7 4. Decks and Patios. Notwithstanding the provisions of section 7 of this ordinance, the first 150 square feet of an unenclosed deck or patio shall not be included when computing building coverage. 5. Basements. All single dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. The floor area of accessory uses shall not be included for making the above calculation. 6. Minimum Building Width. No more than 30 percent of the length, in the aggregate, of a single dwelling unit building shall measure less than 18 feet in width as measured from the exterior of the exterior walls. 7. Parking Ramps Prohibited. NO parking ramp shall be constructed in the R-1 District. 11-8 SECTION 12. DOUBLE DWELLING UNIT DISTRICT (R-2) A. Principal Uses. Buildings containing two dwelling units. B. Accessory Uses. 1. Accessory garages. 2. Greenhouses, garden houses, decks, patios and gazebos. 3. Tool houses and sheds for 'storage of domestic supplies. 4. Private swimming pools, tennis courts and other recreational facilities for use only by residents of the principal use and their guests. C. D. 5. Customary home occupations. Requirements for Lot Areas and Dimensions. Minimum lot area per two dwelling unit building 15,000 sq. ft. Minimum lot width 90 ft. Requirements for Building Coverage, Setbacks and Height. 1. Maximum building. coverage 25% -__--. 2. Setbacks (subject to the provisions of paragraph E) (a> Principal use buildings: Front street setback 30 ft. 15 ft. Interior side yard setback 10 ft. Rear yard setback 35 ft. Side street setback (b) Accessory buildings and, structures: setbacks for . accessory buildings and structures shall be the same as those required by this ordinance for buildings and structures accessory to single dwelling unit buildings in the R-1 District. 3. Height: 2 1/2 stories or 30 feet, whichever is less. 12-1 E. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply. 1. Application of Requirements. Requirements for lot area and dimensions, building coverage, setbacks and height shall be applied to the entire double dwelling unit busing and the entire lot, and shall ignore, for purposes hereof, any subdivision of said building and lot which has been or may be made in order to convey each dwelling unit separately. 2. Sewer and Water Connections. Each dwelling unit must be separately and independently connected to public sanitary sewer and water mains. 3. Subdivided R-2 Lots. A double dwelling unit building and lot may be subdivided pursuant to the City subdivision ordinance along the common party walls between the dwelling units, provided that: (a) a building permit has been issued and the building foundation is in place; (b) each parcel resulting from the subdivision must have frontage on a public street of not less than 25 feet; (c) the parcels resulting from the, subdivision shall each comprise approximately the same number of square feet, and in no event shall an individual parcel be less than 5,000 square feet; and (d) a rear yard not less than 25 feet in depth must be provided for each dwelling unit. If the above conditions cannot be met, the lot may be subdivided by means of a townhouse plat. 4. Special Setback Requirements for Double Dwelling Unit Building Lots. Double dwelling unit buildings shall comply with the ..-special .-requirements for single dwelling'-unit .building setbacks, as provided in paragraph G.l of section 11 of this ordinance. 5. Decks and Patios. Notwithstanding the provisions of section 7 of this ordinance, the first 200 square feet of an unenclosed deck or patio shall not be included when computing building coverage. 6. Basements. All double dwelling unit buildings shall be constructed with a basement having a gross floor area equal to at least 50 percent of the gross floor area of the story next above. 12-2 The floor area of accessory uses shall not be included for making the above calculation. 7. Minimum Building Width. No more than 30 percent of the length, in the aggregate, of a double dwelling unit bui-lding shall measure less than eighteen feet in width, as measured from the exterior of the exterior walls. 12-3 , SECTION 13. PLANNED RESIDENCE DISTRICT (PRD, PSR) .. -. .. A. Subdistricts. The Planned Resident District shall be divided into the following subdistricts: PRD-1 PRD-2 . PRD-3 PRD-4 PRD-5 PRD-6 PSR-4 PSR-5 B. Principal Uses. 1. PRD-1. All principal uses allowed in the R-1 District and residential townhouses. 2. PRD-2. Residential buildings contai ning:.~faur....ar. fewer dwelling units. 3. PRD-3, 4 and 5. All residential buildings and day care facilities licensed by the State of Minnesota. 4. PRD-6. Rest homes, convalescent homes and nursing homes. 5. PSR-4 and 5. Buildings containing four or more dwelling units, all but one of which are senior citizen dwelling units. C. Accessory Uses. ... . . - . 1. PRD-1. .All accessory-uses..all,owed in the R-1 District. 2. All Other Subdistricts. All accessory uses allowed in the R-2 District. 3. PRD-5, PRD-6 and PSR-5. Shops, restaurants and other services intended for the use and convenience of residents of the principal use provided that such accessory uses are accessible only from the interior of the principal building and have no advertising or display relative thereto visible from the outside of the principal building. Not more than ten percent of 'the gross floor area of a principal building shall be devoted to these accessory uses. 13-1 D. Density. 1. Allowed Number of Dwelling Units. The number of dwelling units shall not exceed the area of the tract, as measured in acres, multiplied by the sum of the base density and the density allowances herein contained. Public road rights of way existing as of the date - ._ the property is transferred to the Planned Residential District, and areas below the ordinary high water elevation of naturally occurring lakes, ponds or streams shall not be included in the measurement of the 2. __ . . - . . ., . . -. . tract area. PRD-1 PED-2 PRD-3 PRD-4 PRD-5 PED-6 PSR-4 PSR-5 Base Density Maximum Allowance [Dwelling Units/Acre] [Dwelling UnitslAcre] 4 0 6 0 9 3 14 4 20 4 a- ,. J- ,. 0 18 35 0 .**. --..-.---. - 9; The principal building in subdistrict PRD-6 shall not exceed a floor area ratio of 1.2. Schedule of Allowances. (a) Add 0.1 dwelling unit for each parking space within or under the principal building or otherwise completely underground. (b) Add 1.0 dwelling unit per acre if all principal buildings- .conform to. all -specifications for Type I or I1 construction as defined in the building ‘code then in force in the City. (c) Add 1.0 dwelling unit per acre if total building coverage does not exceed ten percent. (d) Add 1.0 dwelling unit per acre if the tract is within 2,000 feet of an accessible freeway interchange (nearest lot line to center of interchange). 13-2 (e> Add 1.0 dwelling unit per acre if at least a 200 foot spacing is maintained between each principal and accessory building and the nearest lot line of a lot in the R-1 District used for residential purposes. E. Requirements for Building Coverage; Setbacks; Height. 1. Maximum Building Coverage and F.A.R. Building Maxi mum Coverage F.A.R. PRD-1 25% -- PRD-2 25% -- PRD-3 30% -- PRD-4 30% -- PRD-5 25% 1.2 PRD-6 35% 1.2 PSR-4 35% -- PSR-5 30% I-. .. ._- . ._ . . . 1.2 2. Setbacks. (a> Setbacks shall be measured from the boundary of the 'tract. The required setbacks shall be increased to equal the building height for those buildings whose height exceeds the minimum setbacks required herein. - (b) Minimum setbacks are as follows: PRD- 1 PRD-2 PRD-3 PRD-4, 5, 6 PSR-4, 5 Interior Front Side Side Rear Street - ..Yard - .- Street -. Yard 30 20 30 25 I 30 20 I 30 ' 35 I 35 20' 35 ' 35 35 I 35 I 35 I 35 35 I 20' 35 I 35 . .. ~ 13-3 Accessory Same as principal bui 1 dings building 10 3. Maximum Building Height. PRD-1, 2 2 1/2 stories or 30 feet, whichever is less PRD-3 3 stories 10 ' PRD-4 4 stories PRD-5, 6 No maximum. Height is determined by required setbacks PSR-4 3 stories PSR-5 No maximum. Height is determined by required setbacks F. Usable Lot Area. Usable lot area in the amount specified below shall be provided on the tract. This space must be easily accessible by residents of the principal building. Areas occupied by driveways, parking areas and buildings shall not be included as usable lot area. Areas within the tract and dedicated by the tract owner to the general public shall be included in usable lot area computations. 8 Square Feet Per Dwelling Unit PRD-1 PRD-2 PRD-3, 4 2 , 000 1,500 400 PRD-5 200 PRD-6 PSR-4' 100 200 PSR-5 100 4 G. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply: 13-4 1. Minimum Tract Area - PRD-1. The -rea of a tract in subdistrict PRD-1 shall be not less than ten acres. 2. Minimum Floor Area per Dwelling Unit. PSR PRD (except PRD-6) (sq. ft.) . (sq. ft.) . Efficiency 1 Bedroom 2 Bedroom Additional Bedrooms For purposes hereof, floor measured from, the inside of interior walls bounding the furnace rooms, utility rooms, 500 -- 500 minimum 700 maximum 750 minimum 850 maximum 750 950 150/each -- area shall be the area within, and exterior walls and from the center of dwelling unit, but shall not include storage areas not within the dwelling unit, garages or any common areas which are used by residents of two or more dwelling units, including stairways, entries, foyers, balconies and porches. *- 3. Efficiency Dwelling Units. Not more than ten percent of the dwelling units per building shall be efficiency dwelling units. 4. Maximum Number of. Townhouses Per Building. Not more than eight townhouses per building shall be allowed. 5. Sewer and Water Connections for Townhouses. Each townhouse shall be separately and independently connected to public sanitary sewer mains and water mains. 6. Enclosed Parking in PRD-5 and PSR-5. All required enclosed parking spaces shall be located within or under the principal .building in the PRD-5 and PSR-5 subdistricts. 7. Accessory Buildings. The exterior of accessory buildings shall be constructed of the same material as the principal building. 8. Community Facilities in PSR-4 and PSR-5. Principal buildings in subdistricts PSR-4 and PSR-5 shall provide recreational, service and meeting facilities for the use and enjoyment of residents and guests. Such facilities shall comprise not less than 1,250 square feet, or 15 square feet of floor area per senior citizen dwelling unit, measured as provided for in paragraph G.l of this 13-5 section, whichever is greater. Such facilities shall be indoor space and shall be conditioned for year round occupancy. Outdocr areas, laundry facilities, storage areas, mechanical rooms, hallways, foyers, offices or circulation space shall not be included to satisfy this requirement. 13-6 SECTION 14. MIXED DEVELOPMENT DISTRICT (MDD) A. Subdistricts. The Mixed Development District shall be divided into the following subdistricts: MD-3 MD-4 MD-5 B. Principal Uses. 3 1. Buildings containing not fewer than ten dwelling units or senior citizen dwelling units. 2. Publicly owned or operated civic or cultural institutions. 3. Publicly owned park and recreational facilities. 4. Offices, including business and professional offices, medical and dental offices, post offices, travel agencies and travel bureaus. 5. Financial institutions. 6. Publicly owned parking facilities, .-- 7. Day care. C. Accessory Uses. 1. Recreational facilities solely for the use and enjoyment of residents of a residential principal use and their guests. 2. Customary home occupations. 3. Mass transit passenger waiting and pick-up facilities. D; . Conditional Uses. 1. Privately owned recreational facilities other than those permitted in paragraph C.l of this section. 2. Drive-through facilities. 3. All principal uses allowed in the PC-1 and PC-2 sub- districts, except: (a> animal hospitals and kennels; 14-1 (b) automotive accessory stores; (c) clubs and lodge halls; (d) exterminating offices; (e) pawn shops; and (f) undertaking and funeral home establishments. E. Density. 1. Allowed Number of Dwelling Units. (a> The allowed number of dwelling units shall not exceed the area of the tract, as measured in acres, multiplied by the sum of the base density and the density allowances herein contained. Public road rights of way existing as of the date the property is transferred to the Mixed Development District and areas below the .ordinary high water elevation of naturally occurring lakes, ponds and streams shall not be included in the measurement of the tract area. Base Density Maximum Allowance (Dwelling units/acre) (Dwell ing uni t s / acre ) MD-3 6 3 MD-4 12 4 MD-5 ia 5 (b) Schedule of Allowances: (i) Add 0.1 dwelling unit for each residential parking space within or under the principal building or otherwise completely underground. No more than 1.25 spaces per dwelling unit shall be counted for purposes of this allowance. (ii> Add 1.0 dwelling unit per acre if all residential principal buildings conform to all specifications for Type I or I1 construction as defined in the building code then in force in the City. (iii) Add 1.0 dwelling unit per acre if the total building coverage of all buildings or structures on the tract is less than 20 percent. Publicly owned buildings or structures shall be excluded from building coverage €or purposes of this allowance. 14-2 . (iv> Add 2.0 dwelling units per acre if the tract includes or abuts a publicly owned park khat as of the date of transfer of the tract to the Mixed Development District is developed or planned to be developed with recreational facilities. (VI Add 1.0 dwelling unit for each dwelling unit reserved for sale or rent to persons or families of low or moderate income, as defined by, and pursuant to, an agreement entered into with or approved by the Housing and .Redevelopment Authority of Edina, Minnesota. 2. Allowed Non-Residential Floor Area. (a> The gross floor area of all non-residential uses, exclusive of ,publicly owned or operated civic, cultural and recreational facilities, transit facilities and uses accessory to residential principal uses shall not exceed the basic allowance, plus the permitted maximum allowance, all as set out below: (i) Basic Allowance: 500 square feet of non-resi- dential gross floor area per allowed dwelling unit. (ii> Maximum Allowance: 300 square feet of non-resi- dential gross floor area per allowed dwelling unit. (b) Schedule of Allowances: (i> Add 250 square feet of non-residential gross floor area for each parking space required for the non- residential use which is within or under the principal building or otherwise completely underground. (ii) The basic allowance may be increased by ten percent if mass transit waiting and pick-up facilities are provided within a principal building. ., F. Requirements for Building Coverage, Setback and Height. 1. Maximum Building Coverage. 30 percent of the tract. . ,Publicly owned buildings or structures shall ' be excluded from building coverage computations. 2. Maximum Floor Area Ratio of Non-Residential Uses. 0.5 of the tract. Publicly owned buildings or structures shall be excluded from floor area ratio computations. 14-3 3. Setbacks. Setbacks shall be measured from the boundary of the tract: Interior Front Side Side Rear Street Yard Street Yard MD-3 35 ' 20 ' 35 35 ' MD-4 35 ' 35 35 35 MD-5 50 I 50 50 I 50 In subdistrict MD-5, the minimum building setback shall be increased by 1/2 foot for each foot the building height exceeds 50 feet. 4. Maxim& Building Height. MD-3 3 stories MD-4 4 stories MD-5 No maximum; height determined by required setbacks 5. Usable Lot Area. Usable lot area in the amount specified below shall be provided on the tract. Publicly owned or operated civic, cultural or recreational facilities located on the tract may be counted as usable lot area. Areas occupied by driveways, parking areas and garages shall not be counted as usable lot area. Square Feet Per Dwelling Unit MD-3 400 MD-4 400 MD-5 200 G. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply: 1. Minimum Tract Area. The minimum tract area for subdistrict MD-5 shall be five acres. 8 2. Ownership or Control. The tract proposed for transfer to the Mixed Development District shall be under common ownership and shall be planned and developed as an integral unit. 14-4 3. Proposed Development Schedule. The Final Development Plan required .by section 4 of this ordinance shall include a proposed schedule of construction of the major components of the development as such major components are determined by the Planner. The proposed schedule as approved by the Council shall become part of the Final Development Plan. No more than 50 percent of the permitted gross floor area of non-residential uses on the tract shall be constructed until a building permit has been issued for, and construction commenced on, at least 25 percent of the permitted dwelling units. .- 4. Conditional Uses. In addition to the standards imposed by section 4 of this ordinance for grant of a conditional use permit, no permit for any conditional uses in any Mixed Development District shall be issued unless the proposed use: (a>. is contained within a principal. building, except for drive-through facilities; (b) will provide goods and services beneficial to the needs of the occupants and residents of the. principal uses and surrounding properties; and (c) will have enclosed pedestrian access to the principa'l use. 5. Skyway Setbacks. In cases where pedestrian connections are made across and above a street, the required setback for such connections may be reduced.to zero feet for a width of 120 feet. 14-5 SECTION 15. PLANNED OFFICE DISTRICT (POD) A. Subdistricts. POD-1 POD-2 B. Principal Uses. 1: Business and. professional offices. 2. Financial institutions, including drive-through f 5 1 it ies . 3. Post offices. 4. Clubs, lodge halls and non-profit organizations, excluding those providing food and/or beverage services in the building or on the lot. 5. Facilities for athletic, health or weight control pcrposes, including, but not limited to, handball, racquetball, tennis, reducing salons and aerobic dance studios, provided that no seating or other facilities shall be allowed for spectator usage. 6. Medical and dental offices and clinics. 7. Employment agencies. -: P.: . 8. Travel bureaus. C. Accessory Uses. 1. Off-street parking facilities. 2. In buildings having a gross floor area of 40,000 square feet or more, ten percent of the gross floor area may be occupied by retail uses allowed in the PC-1 and PC-2 Districts, provided thak the primary function of such uses is to serve the needs of occupants of and visitors to the principal building. . D. Requirements for Building Coverage, Setbacks and Height. 1. Maximum Building CoveraEe: 30 percent of the tract.. 2. Maximum Floor Area Ratio: 0.5 of the tract. 3. Setbacks: setbacks shall be measured from the boundary of the tract. 15-1 Interior Front Side Side Rear Street Street Yard Yard fc -or the building height if greater. 4. Maximum Building Height. (a) POD-1: four stories. (b) POD-2: no maximum; height is determined by required setbacks. E. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply: 1. Increased Setbacks. The front street or side street setback shall be increased to not less than 50 feet when the principal use is located across the street from an R-1 District used for residential purposes. When the Planned Office District is an integral part of either a Planned Industrial District or a Planned Commercial District, the front street setback and the side street setback shall be not less than those prescribed for the major ,. district. '* ' 2. Proximity to R-1 District. The following minimum distance shall be provided between the closest point of the office building closest to an R-1 District and the nearest lot line of an R-1 District used for residential purposes. Office Building Height Distance to R-1 District 5 - 6 stories Twice the building height of the office building 7 - 8 stories - ' Four times the building height of the office building 9c stories Six times the building height of the office building 3. Building Design and Construction. In addition to other restrictions of this ordinance and of the building codes then in force in the City, the use, construction, alteration or enlargement of any building or structure within the Planned Office District shall meet the following standards. 15-2 8 (a) All exterior wall finishes on any building shall be one or a combination of the following: (i) face brick; (ii) natural stone; (iii) specially designed precast concrete units if the surfaces have been integrally treated with an applied. decorative material or texture; . (iv) factory fabricated and finished metal framed panel construction if the panel materials are any of those noted above; or (VI glass or prefinished metal (other than unpainted galvanized iron). (b) All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those used in the original construction and shall be designed in a manner conforming to the original architectural design and general appearance. 15-3 SECTION 16. PLANNED COMMERCIAL DISTRICT (PCD) A. Subdistricts. PC-1 PC-2 PC-3 B. Principal Uses in PC-1. 1. Antique shops. PC-4 2. Art galleries. 3. Art studios. 4. Bakeries, provided the room or rooms containing the preparation and baking process shall not have a gross floor area in excess of 2,500 square feet. 5. Barber shops. 6. Beauty parlors. . .. 7. Bicycle stores, including rental, repair and sales. 8. Book and stationery stores. 9. 10. 11. Camera and photographic supply stores. Candy and ice cream stores. Clothes pressing and tailoring shops. 12. Clothing stores not exceeding 2,500 square feet of gross . floor area. 13. Coin and philatelic stores. 14. Drug stores. 15. Dry cleaning establishments and laundries. 16. Employment agencies. 17. Financial institutions excluding drive-through facilities. 16-1 18. 19. 20. 21. 22. Florist shops. Food, grocery, meat, fish, bakery and delicatessen stores. Garden supply, tool and seed stores. Gift shops. Handball courts, racquetball courts and exercise andl reducing salons. 23. Hardware stores. 24. Hobby shops for the sale of goods to be assembled and used off the premises. 25. Household furnishings, fixtures and accessory stores not exceeding 2,500 square feet of gross floor area. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. .. 36. 37. Interior decorating establishments. Jewelry stores. Launderettes. Leather goods stores. Liquor stores, municipally owned, off-sale. Locksmith shops. Medical and dental clinics. Musical instruments stores and repair shops. Newsstands. Offices, including both business and professional. Optical stores. Paint and wallpaper stores not exceeding 2,500 square feet I) of gross floor area. 38. Personal apparel stores not exceeding 2,500 square feet of gross floor area. 39. 40. Phonograph record and sheet music stores. Picture framing and picture stores. 16-2 41. Repair stores and "fix-it" shops which provide services for the repair of home, garden, yard and personal use appliances. 42. Restaurants, excluding "drive-ins" and drive-through facilities. 43. Second-hand stores not exceeding 2,500 square feet of gross floor area. 44. Shoe sales or repair stores. 45. Sporting and camping goods stores not exceeding 2,500 square feet of gross floor area. 46. Tailor shops. 47. Tobacco shops. 48. Toy shops. 49. Travel bureaus and transportation ticket offices. 50. Variety, gift, notion and soft goods stores. 51. Vending machines which are coin- or card-operated (excluding mechanical amusement devices). C. Principal Uses in PC-2. 1. Any principal use permitted in PC-1. 2. Amusement and recreation establishments such as amusement arcades, commerciai bowling alleys and pool halls. 3. Animal hospitals and kennels excluding establishments with outside runs. 4. Automotive accessory stores excluding repair and service garages. 5. Blueprinting and photostating establishments.. 6. Business machine sales and service shops. 7. Catering establishments. 8. Clothing stores. 9. Clubs, lodge halls and meeting rooms, offices and other facilities for non-profit organizations. 16-3 10. Department stores not exceeding 40,000 square feet of gross floor area. 11. Dry goods stores. 12. Electrical and household appliance stores, including radio and television sales and service. . - .. 13. Exterminating offices. 14. Fabric stores. 15. Frozen food stores including the rental of lockers in conjunction therewith. 16. Furniture stores including upholstering when conducted as an incidental part of the principal use. 17. Fraternal, philanthropic and charitable institution offices and assembly halls. 18. Furrier shops including the storage and conditicning of 19. 20. Hotels, motels and motor inns. furs when conducted as an incidental part of the principal use. Home repair, maintenance and remodeling stores and shops. 21. Household furnishings, fixtures and accessories stores. 22. Laboratories, medical and dental. 23. Office supplies stores. 24. Orthopedic and medical appliance stores excluding the manufacturing or assembly of appliances or goods. 25. Paint and wallpaper stores. 26. Personal apparel stores. 27. Pet shops. 28. Photography studios. 29. Post offices. 30. Public utility service stores. 16-4 . Rental agencies for Le rental only of clothing, appliances, automobiles, cartage trailers, and household fixtures, furnishings and accessories. 32. Schools for teaching music, dance or business vocations. 33. 34. Taxidermist shops. Sporting and camping goods stores. 35. Telegraph offices. 36. Theaters excluding outdoor or" drive-in" facilities. 37. Ticket agencies, amusement. 38. Trading stamps redemption stores. 39. Undertaking and funeral home establishments. D. Principal Uses in PC-3. 1. Any principal use permitted in PC-2. 2. Automobile agencies selling or displaying new, unused vehicles . 3. Boat and marine stores or agencies selling or displaying new, unused boats. 4. Department ' stores or shopping centers exceeding 40,000 square feet of gross floor area. E. Principal Uses in PC-4. 1. Gas stations. 2. Car washes. . 3. Automobile service centers. F. Accessory Uses in PC-1. - 1. Off-street parking facilities. 2. Buildings for the storage of merchandise to be retailed by the related principal use. G. Accessory Uses in PC-2. 1. All accessory uses allowed in PC-1. 16-5 2. Drive-through facilities. 3. Mechanical amusement devices. 4. Sale of non-intoxicating malt liquor within restaurants, bowling alleys, clubs and lodge halls. H. Accessory Uses in PC-3. 1. All accessory uses permitted in PC-1 and PC-2. 2. Automobile or boat and marine stores or agencies selling used automobiles or boats, provided that: (a) such a use is accessory to and on the same lot as a related principal use selling new automobiles or boats, and (b) the total floor area and lot area devoted to the accessory use. does not exceed that of the prinaipal use. 3. Repair garages for servicing motor vehicles, provided that such a use is on the same lot as an automobile agency. I. Accessory Uses in PC-4. 1. Accessory car washes. 2. Retail sales of convenience goods. 3. Gasoline sales accessory to a car wash. J. Requirements for Building Coverage, Setbacks and Height. 1. Maximum Floor Area Ratio. PC-1 1.0 of the tract PC-2 1.5 of the tract PC-3 0.5 of the tract PC-4 . 0.3 of the tract 2. Setbacks (Subject to the Requirements of Paragraphs K.l and K.2 of this Section) Interior Front Side Side Rear Street Street Yard Yard PC-1 16-6 PC-2 PC-3 50 I ;k 50 19; 50 I ;'i 50 I ;k PC-4: .Gas stations 35' 25 ' 25 ' 25 All other uses 45' 25 ' 45 ' 25 ' :k or the building 'height if greater. 3. -Maximum Building Height. PC-1 Two stories PC-2 Four stories PC-3 No maximum; height is determined by setbacks PC-4 One story K. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special requirements shall apply: 1 PC-3. street . Established Average Front Street Setback for PC-1, PC-2 and When more than 25 percent of the frontage on one side of the between intersect ions is occupied by buildings having front street setbacks of greater or lesser distances than hereafter required, then the average setback of such existing buildings shall be maintained by all new or relocated buildings on the same side of that street and between said intersections. If a building is to be built or relocated where there is an established average setback, and there are existing buildings on only one side of the building or relocated building, the front street setback of said new or relocated building need be no greater than that of the nearest adjoining principal building. If a building is to be built or relocated where there is an established average setback and there are existing buildings on both sides of the new or relocated building, the front street setback need be no greater than that which would be established by connecting a line parallel with the front line connection the most forward --portion -of -the adjacent .. principal building on each side. 2. Interior Side Yard and Rear Yard Setbacks. Interior side yard and rear yard setbacks apply only when the side or rear lot line is a Planned Commercial District Boundary. 3. Proximity to R-1 Districts. The following minimum distance shall exist between buildings in the Planned Commercial District and the nearest lot line of an R-1 District lot used for residential purposes : 16-7 Building Height Distance to R-1 District 5 - 6 stories Twice the building height of the building in the Planned Commercial District 7-- 8 stories Four times the building height of the building in the P1 anned Commerc i a1 District 9+ stories Six times the building height of the building in the Planned Commercial District 4. Storage. All materials, supplies, merchandise and sther similar materials not on display for direct sale, rental or lease to the ultimate consumer shall be stored within a completely enclosed building or within the confines of a completely opaque wall or fence capable of completely screening all such materials from acljoining properties. Said wall or fence under no circumstances shall be less than five feet in height. - 8 5. Displays - PC-1, PC-2 and PC-3. Merchandise which is offered for sale may be displayed outside of buildings in the PC-1, PC-2 and PC-3 subdistricts, provided the area occupied by such a display shall not exceed ten percent of the gross floor area of the building or portion thereof housing- the principal use. No displays shall be permitted within that half of the required front street or side street setback nearest. the street, nor within any required side yard or rear yard setback. Agencies selling automobiles or boats as permitted by this ordinance may display automobiles or boats outside of a building, provided that the area used for such displays shall comply with all the standards for a parking lot including construction, setbacks, landscaping and screening as contained in this ordinance. 6. Minimum BuildinP Size - PC-1, PC-2 and PC-3. The minimum PC-2 or PC-3 subdistricts shall be 1,000 square feet of gross floor area within the first story. __ size for any building housing one or more principal uses in the PC-1, .. -. " .- 7.. Outdoor Sales, Tent Sales and Trailer Sales Prohibited. Except €or the dispensing of motor fuels and the use of drive-through facilities permitted by this ordinance, all sales of products and merchandise, and dispensing of services, shall be conducted from within the confines of a permanent building totally enclosed by four walls and a roof. The sale of products and merchandise, and the dispensing of services, from a motor vehicle, trailer, tent or other 16-8 temporary structure or shelter, or outside a permanent building as above described, is prohibited. 8. Building Design and Construction. In addition to the other restrictions of this ordinance and of the building codes then in force in the City, the use, construction, alteration or enlargement of any building or structure within the Planned. Commercial t District shall meet the following standards: (a) All exterior wall finishes on any building shall be -. one or a combination of the following: (i) face brick; (ii) 'natural stone; (iii) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; (iv) factory fabricated and finkhed metal framed panel construction if the panel materials are any of those noted above; or (v) glass or prefinished metal (other than unpainted galvanized iron). (b) All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an or.igina1 building or buildings shall be constructed of t.he same materials as the original building and shall be designed in a manner conforming to the original architectural design and general appearance. .. .. 9. Performance Standards. All business operations shall conform to the performance standards established by this ordinance for the Planned Industrial District, provided that the performance standards shall be applied, and must be complied with, at the boundaries of the lot on which such business operations take place. . . -...-.. - 10. Maximum Business Establishment Size in PC-1 Subdistricts. No use in the PC-1 subdistrict shall exceed 12,000 square feet of gross floor area or such lesser gross floor area as is imposed on such use by paragraph B of this section. 11. Drive-In Uses. Except for the dispensing of motor fuels, drive-in uses shall not be permitted. Nothing herein contained, however, prohibits accessory drive-through facilities where permitted by this ordinance. 16-9 12. Automobile Service Centers and Gas Station Standards. (a) Minimum lot area: (i> For an automobile service center, 20,000 square feet, plus 5,000 square feet for each service bay in excess of three. (ii) For a gas station, 15,000 square feet. (b) Maximum lot area: 60,000 square feet. (c) Hydraulic hoists, pits, lubrication, washing, repairing and diagnostic equipment shall be used and stored within a building. (d) 1nterior.curbs of not less than six inches in height shall be constructed to separate driving surfaces from sidewalks, landscaped areas and streets. (e) No automobile service station on a lot adjoining a lot in a residential district shall be operated between the hours of 11:OO p.m. and 6:OO a.m. 8 (f) All driving surfaces shall be constructed and maintained in the same manner as prescribed for parking lots by this ordinance. (g) No merchandise shall be displayed €or sale outside a building except in that area within four feet of the building or within pump islands used for dispensing motor fuels. (h) No motor vehicles except those owned by the operators and employees of the principal use, and vehicles awaiting service, shall be parked on the lot occupied by the principal use. Vehicles being serviced may be parked for a maximum of 48 hours. (i) (j> No buildings, driveway surfaces, parking areas or other improvements shall be located within 110 feet of any portion of a lot in a residential district which is csed for residential purposes if separated from the lot by a street, or within 50 feet if not so separated by a street. Body work and painting is prohibited. --. . (k) Pump islands shall maintain a front and side street setback of at least 20 feet and an interior side yard and rear yard setback of at least 25 feet. 16-10 officer or employee is engaged ina‘&overnmental”ac- tivity (e.g. fire or police protection, parks, health) or a “proprietary”activity (eg water works, municipal liquor dispensary)at thetime theloss or injuryoccurs. For these torts, the officer or employee involved may himself be subject to liability to the person injured or damaged by the wrong, though in view of the city’s liability and duty to indemnify, the ljability of the officer or employee may be of no practical consequence except where the officer or employee acts outside the scope of his authori- ty. There may be personal liability even where the city is not liable because the required notice of claim was not filed with the city. Particular facets of the individual liability of city officers and employees are discussed below. (See League Memo “Tort Liability of City Officers and Employees,” and Section B of this chapter.) Limits of Liability The liability of an officer or an employee of any municipality for a tort arising out of an alleged act or omission occurring in the perform- ance of duty may not exceed $100,000 for any single claim or $300,000 for any umber of claims arising out of a single occurrence! The superfund legislation increased these limits to $300,000 for any single claim or $600,000 for any number of claims ari ing out of a release of a harzardous substanceja Effective Aug. 1, 1984, the limits will increase to $300,000 and $600,000 for general tort claims and $400,000 and $1.2 million for superfund claims. . An exception to this limit, however, applies where the officer or employee provides profes- sional services and also is employed in his or her profession for compensation by a person or per- sons other than the municipality? Furthermore, the total liability of the municipality on a claim against its officers or employees arising out of a single occurrence may not exceed the limits set forth above. 4 The extent of the exception to limits on liability for professionals employed part time is not yet well defined. Quite clearly, the doctor with a private practice who is on the staff of a city hospital or the city attorney who also is engaged in general practice cannot claim the benefit of the liabi- lity limitations. Whether a police officer who moon- lights as a department store security guard is subject to excess Iiabilityisamatter which mustawait interpre- tation of the courts or clarification by thelegislature. General Rules Two distinctions are important in determining the personal liability of city officers and employees for torts committed in the course of their duties: the distinction between discretionary and minis- terial acts and that between “nonfeasance” and “misfeasance” or “malfeasance.” The principle is well established that where a public officer is charged with duties which ball for the exercise of judgment or discretion, as to its propriety or the manner in which it is to be per- formed, he or she is not liable to an i dividual for damages unless guilty of willful wrong. ‘J Discretionary and Ministerial Acts There is liability, however, when the duty is ministerial; that is, when it is in obedience to the mandate of legal authority and the act is to be performed in a prescribed manner, without the exercise of the officer’s judgment as the propriety of the act, and carelessly or purposely incorrect performance or the failure to perform is the proximate cause of the injury sustained. The distinction between discretionary and ministerial acts has been stated in numerous cases. The difficulty is not in the statement of the principle, however, but in determining whether particular acts fall in one category the other. The governmental tort liability act contains an exemp- tion from city liability for a claim based upon a performance or the failure to p.erform a discre- tionary function or duty, whether or not the discretion was abused. Presumably the term “discre- tionary” is defined the same way in both cases. 6 While the adoption of a budget is clearly discre- tionary and the signature of the city clerk on legal papers on behalf of the city is clearly minis- terial\ there are many tasks between these extremes where the difference is largely one of degree. The courts, in these cases, generally differentiate by using a test of reasonableness. Perh s some examples will make the distinction clearer? When the council adopts an ordinance, revokes a license, orders a local improvement, or condemns a dilapidated building, it is acting in a legislative or quasi-judicial capacity, and its mem- bers are not personally liable for damages resulting from those actions wh.en taken in good faith. The same is true of any other officer who must exercise judgment of that sort: for example, alleged failure to enforce the law against unlicensed wholesale dealers; determination by the state banking com- missioner whether or not to close a bank when he finds it be in unsound condition; determination by a welfare board whether to order removal of a welfare family which did not have a poor relief settlement in county; alleged errors of judgment by the highway commissioner as a result of which - 180 - 1983 * Liability and Insurance This chapter covers two interrelated topics, liability and insurance. The question of liability for official actions frequently arises, and the danger is sufficiently pronounced to make preventive steps worth whatever complications they may involve. Chapter First and foremost in importance in this regard is a thorough working knowledge by the city council and its staff of the laws governing city government. Equally important is immediate consultation with the city attorney whenever there is any doubt about the validity of an action or procedure. Another important step city councils can take to reduce their city’s, city employees’, and their own exposure to lawsuits, is to limit the activities of the city government to things the city can do effectively and well, and for which adequate funding is available. Ordinances should not be adopted unless they can be adequately enforced, and existing ordinances should be reviewed to eliminate those ordinances or parts of ordinances that are not being enforced. New city projects and programs should not be entered into unless there is a commitment to follow through. In short, a city council should determine what it expects the city to accomplish and keep the city’s activities within the scope of the council’s determination, in order to reduce the possibility of doing an inadequate job in some area resulting in potential liability exposyre. Another way to reduce liability exposure is through training. Knowledge of the decision- *- making process as well as the development of new skills add new levels of understanding to the common sense which elected officials have. In Chapter 8, Section D, training of elected and appointed officials is discussed more thoroughly. An outline of this chapter is as follows: A. B. C. D. E. F. G. H. Tort Liability of City Officers and Em- ployees Tort Liability of the City Punitive Damages Liability Under the Civil Rights Act New Grounds for Lawsuits The Dram Shop Act I Insurance Application of this Chapter to Home Rule Charter Cities A. TORT LIABILITY OF CITY OFFICERS AND EMPLOYEES The liability of cities, and with regard to dollar limits on liability, their officials, for civil wrongs or torts is regulated by statute. ’ Under the -tort liability act, cities are generally made liable for the wrongful acts or omissions of their officers and employees when they are acting within the scope of their authority, and this is true whether the -119- 13. Car Wash Standards. (a) A car wash shall be subject to the same standards as specified herein for automobile service centers. (b) All waste water disposal facilities, including sludge, grit removal and disposal equipment, must'be approved by the Engineer prior to installation. (c) Not more than one point of ingress and one point of -- egress shall be allowed from any one public street to the car wash. 16-1 1 SECTION 17. PLANNED INDUSTRIAL DISTRICT (PID) A. Principal Uses. 1. A11 principal uses allowed in the Planned Office District. 2. Manufacturing, compounding, processing, packaging, treat- ment and assembly of products and materials. 3. Scientific research, .investigation, testing or experimenta- tion. 4. Warehousing of non-perishable products, provided that -the products are owned by or consigned to the owner of the principal use or a lessee thereof, and further provided that said owner or lessee does not establish such principal use in the capacity of a carrier for the purpose of a freight operation. 5. Businesses that provide a service to the consumer on the consumer's property and not on the lot occupied by the principal use, including, but not limited to, building contractors, plumbing contractors, swimming pool construction and service companies and ' exterminating offices. 6. Blueprinting, photostating and printing shops. - 7. Business machine sales and service shops.. 8. Mini-storage warehouses for storage of domestic supplies, recreational vehicles and equipment and other private property, provided that the owner of. such private property is responsible for transporting said property to and from the principal use, and further provided that the owner of the principal use does not establish the use in the capacity of a carrier .for the purpose of a freight operation. B. Accessory Uses. 1. Warehousing of products manufactured by the principal cse. 2. Offices and administrative facilities. 3. Shipping and receiving spaces, mailing rooms and order pick-up facilities. 4. Cafeterias, educational facilities, vending services and recreational establishments for persons employed by the business 8 comprising the principal use. 5. Within buildings having office space comprising not less than 40,000 square feet of gross floor area, ten percent of the floor , 17-1 area may be occupied by retail uses allowed in the PC-1 and PC-2 Districts, provided that the primary function of such uses is to serve the needs of occupants of, and visitors to, the principal building, and further provided that such accessory uses shall be accessible only from the interior of the principal building. 6. Temporary retail sales pursuant to a permit issued in accordance with this section. 7. Off-street parking-facilities. C. Requirements for Building Coverage, Setback and Height. 1. Minimum Tract Area. No tract of land shall be transferred to the Planned Industrial District unless the tract measures at least ten acres in area or is contiguous to other land in the Planned Industrial District. 2. Minimum Lot Area. Two acres. 3. Minimum Building Area. Each building shall have a gross floor area of not less than 10,000 square feet. 4. 5. 6. Maximum Building Coverage. (a> Lots'of less than three acres: 30 percent. (b) Lots of three acres or more: 45 percent.;? .. >k May be increased to 60 percent if the total gross floor area on the lot is contained within a single building and all portions of any loading docks and berths are completely enclosed within the same single building. Maximum F.A.R. 0.5.f; ;k May be increased to 0.6 for buildings which qualify for 60 percent building coverage as provided in sub- ' . . ' paragraph 4 of .this paragraph. Setbacks . Interior Front Side Side Rear Street Street Yard - YaJC ;': or the building height if greater. 17-2 a 7. is less. laximum Bu 8 dg Height. Four stor,es or 50 feet whichever D. Special Requirements. In addition to the general requirements described in section 7 of this ordinance, the following special - requirements shall apply: 1. Increased Front Street and Side Street Setbacks. The required front street or side street setback shall be increased to 75. feet if the tract is located across the street from property. in .3 residential district used for residential purposes. 2. Increased Side Yard and Rear Yard Setbacks. The required interior side yard or rear yard setback shall be increased to 100 feet if the tract abuts property in a residential district used for residential purposes. . 3. Temporary Retail Sales and Going Out of Business Sales Permits. (a) The Manager may grant a permit for a temporary retail sale or going out of business sale, provided that: 8 (i) the temporary retail sale shall not exceed three consecutive days, and the going out of business sale shall not exceed ten consecutive days; .- (ii) not more than two temporary retail sale permits may be issued to any one person, firm, affiliate or subsidiary in a calendar year, and further provided that the two permitted. sales must occur at least 60 days apart. Not more than one going out of business sale permit may be issued to any one firm, affiliate or subsidiary in a three-year period; and (iii) an application for the permit must be filed with the Clerk not less than 30 days prior to the commencement of the sale; the application shall be co-signed by the owner or owners of the lot or building and accompanied by -an application fee as specified in City Ordinance No. 271. (b) The Manager shall not issue a permit unless he finds that: (i) the sale will not impair the safe movement of traffic in the vicinity and will not impact surrounding residential areas: 8 (ii) adequate facilities for off-street parking are available; 17-3 8 I (iii) all buildings housing such sale have adequate fire protection facilities and ingress and egress for the public; (iv) the sale will not conflict with other scheduled sales in the vicinity; (VI prior sales conducted by the applicant conformed to the requirements of this ordinance; and (vi) 'sadequate -personnel for public safety purposes will be provided by the applicant. (c) Additional requirements: (i) all goods shall be displayed and sold within the principal bui 1 ding ; (ii) no goods may be shipped to the building or lot especially for the temporary retail sale or going out of business sale; and, if requested, an irwentory audit, spot check or verification of goods for sale shall be furnished to the Manager within ten days before the sale; and (iii) a permit granted and unused may be transferred to another day or days by the Manager upon wri'tten request received by the Manager at least;--ten ,days pr5or to the requested sale. 4. Building Design and Construction. In addition to other restrictions of this ordinance and of the building codes then in force in the City, the use, construction, alteration or enlargement of any building or structure within the Planned Industrial District shall meet the following standards: (a> All exterior wall finishes on any building shall be one or a combination of the following materials: (i) face brick; (ii) . natural stone; (iii) specially designed precast concrete units if the surfaces have been integrally treated with an applied decorative material or texture; .- . (iv) factory fabricated and finished metal framed panel construction if the panel materials are any of those noted above; or 17-4 8 (v) glass or prefinished metal (other than unpainted galvenized iron). (b) All subsequent additions, exterior alterations and accessory buildings constructed after the erection of an original building or buildings shall be constructed of materials comparable to those.used in the original construction and shall be designed in a manner conforming to the original architectural design and general appearance. .5. . Restrictions, Controls and Design Standards. Uses whioh 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. These residual features shall be considered as "excessive" when they either exceed or deviate from the limitations set forth in the following performance specifications, (a) Noise. Noise shall be measured on any property-line of the tract on which the use is 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 Table 1 herein. 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. 8 Table 1 Octave Band Frequency (Cycles Per Second) 20-75 76-150 151-300 301-600 601-1,200 1,201-2,400 2,401-4,800 Over 4,800 Decibel Level 65 60 55 . 46 40 34 31 28 17-5 2/6/84 195 together with some active recreation in the southeast corner. Mr. Erickson asked if plans have been submitted regarding the resulting contours and depths resulting from the mining activity. point but that a proposed road grade for Parklawn Avenue and Hedberg Court has been determined. No further comment being heard, Member Schmidt offered Ordinance No. 811-A178 for First Reading as follows, subject to conditions as follows: 1) a developer's agreement, 2) park dedication agreement, 3) overall development plan for the office building, 4) final plat, 5) temporary cul de sac on Parklawn'Avenue and 6) temporary storm water easement for Phase I: Mr. Hughes replied that there are no plans at this ORDINANCE NO. 811-AJ-78 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY TO POD PLANNED OFFICE DISTRICT FROM R-1 SINGLE FAMILY DWELLING DISTRICT THE CITY COUNCIL-OF EDINA, MINNESOTA, ORDAINS : Section 1. "The extent of the Planned Office District (Sub-District POD-1) is enlarged Part of the south 1/2 of the southwest 1/4 of the northwest 1/4 of Section 32, Township 28, Range 24 and part of the northwest 1/4 of the southwest 1/4 of Section 32, Township 28, Range 24, comprising 7.1 acres. Sec. 2. This ordinance shall be in full force and effect upon its passage Paragraph 1 of Section 8 of Ordinance No. 811 of the City is enlarged by adding the following thereto: by the addition of the following property: and publication. Member Schmidt then offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAT FOR HEDBERG PARKLAWN ACRES BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Hedberg Parklawn Acres", platted by Hedberg and Sons Company, a Minnesota corporation, a~d presented at the regular meeting of the City Council of February 6, 1984, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Member Turner, who stated that the relocation of the park meets present needs and that it is an appropriate development of 'chat property. Rollcall : Ayes: Schmidt, Turner, Courtney . Resolution adopted. ADMEXDMENT TO THE COMPREHENSIVE PLAN FOR 1980-90 ADOPTED. Affidavit of Notice was presented by Clerk, approved as to form and ordered placed on file. recommended by the Community Development and Planning Commission and the staff, Member Schmidt offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the City Council of the City of Edina adopted the Comprehensive Plan 1980 on December 21, 1981, pursuant to Minnesota Statutes, Section 473.864; and WHEREAS, the Community Development and Planning Commission of the City of Edina has.approved amendments to the Comprehensive Plan 1980, on November 30, 1983; and WHEREAS, the City Council of the City of Edina has reviewed such amendments to the Comprehensive Plan 1980 and is in concurrence with the decision of the Com- munity Development and Planning Commission; NOW, THEREJXIRE, BE IT RESOLVED, by the City Council of the City of Edina, that the City Council hereby adopts the amendments to the Comprehensive Plan 1980 as it applies to the location and size of a public park and arrangement of pro- posed land uses for the area located west of Hork Avenue South, north of West 76th Street and east of France Avenue South. Motion for adoption of the resolution was seconded by Member Turner. As Rollcall: Schmidt, Turner, Courtney Resolution adopted. FINAL PLAT APPROVED FOR INDIAN HILLS PETERSON ADDITION. the Indian Hills Peterson Addition plat for final approval, advising that it is Mr. Hughes presented located south of Arrowhead Lake, north of Indian Hiiis .Road and west of Dakota Trail. 1983, and subsequently a final plat has been prepared which is nearly identical to the preliminary plat except that the common lot line between the lots has been redrawn to a minor degree. That modification was discussed by the property owner at the time preliminary plat approval was granted. Mr. Hughes stated that all other aspects of the plat remain the same and would recommend final approval subject to subdivision dedication. No objections being heard, Member Schmidt offered the following Resolution and moved its adoption subject to payment of a subdivision dedication of $4,800.00 in lieu of land: FC3SOLUTION APPROVING INDIAN HILLS PETERSON ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Indian Hills Peterson Addition", platted by Muriel V. Peterson and presented at the regular meeting of the City Council of February 6, Preliminary plat approval was received from the Council on September 19, 2/6/84 1984, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Schmidt, Turner, Courtney Resolution adopted. LOT DIVISION APPROVED FOR LOT 3, BLOCK 1, MCCAULEY HEIGHTS 3RD ADDITION. Mr. Hughes- presented the petition of Paul and Carol Model1 for division of Lot 3, Block 1, McCauley Heights 3rd Addition, generally located north of IIcCauley Circle and east of McCauley Trail West. division of an existing two family dwelling and that individual utility connections are provided. being heard, Member Turner offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: Lot 3, Block 1, McCauley Heights 3rd Addition; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : He advised that the proponent requests a party wall No objections I Staff would recommend approval of the lot division. RESOLUTION That part of Lot 3, Block 1, McCauley Heights 3rd Addition lying North- easterly of a line drawn from a point on the Southeasterly line of said Lot 3, distant 59.7 feet Northeasterly of the most Southerly comer thereof,': to a point on the Northwesterly line of said Lot 3, distant 60.66 feet Northeasterly of the most Westerly comer thereof, and there terminating, and westerly of a line drawn from a point on the Southeasterly line of said Lot 3, distant 59.7 feet Northeasterly of the most Southerly comer thereof, to a point on the Northwesterly line of said Lot 3, distant 60.66 feet Northeasterly of the most WesteGly comer thereof , and there terminating; WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina-. . that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provisions that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided €or by those ordinances. That part of Lot 3, Block 1, McCauley Heights 3rd Addition lying South- I I Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Schmidt, Tumer, Courtney Resolution adopted. - LOT DIVISION APPROVED FOR LOT 3, BLOCK 1, THE HABITAT. petition of Wally Irwin and Rudy Trones for division of Lot 3, Block 1, The Habi- tat, generally located north of Vernon Avenue and east of Lincoln Drive. advised that the proponent requests a party wall division of a recently completed two family dwelling and that individual utility connections are provided. would recommend approval of the lot division. Schmidt offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows: Mi?. Hughes presented the He Staff No objections being heard, Member Lot 3, Block 1, The Habitat, and Parcel A: That part of Lot 3, Block 1, THE HABITAT, City of Edina, Hennepin County, Minnesota, lying westerly and northerly of the following described line: said Lot 3 and the right-of-way line of Waterford Court; originally dedicated in the plat as Roushar Court, said westerly line is assumed to have a bearing of North 18 degrees 09 minutes 06 seconds East; thence southeasterly along said right-of-way line 22.09 feet to the point of beginning of line to be described; thence North 27 degrees 51 minutes 56 seconds East, not tangent to said right-of-way a distance of 57.24 feet; thence North 69 degrees 03 minutes 06 seconds East a distance of 180.77 feet to the east line of said Lot 3 and there terminating, Commencing at the intersection of the westerly line of 2/6/84 197 I d- a, P 0 5 m I I Parcel B: Hennepin County, Minnesota, lying easterly and southerly of the following described line: said Lot 3 and the right-of-way line of Waterford Court, originally dedicated in the plat as Roushar Court, said westerly line is assumed to have a bearing of North 18 degrees 09 minutes 06 seconds East; thence southeasterly along ';aid right-of-way line 22.09 feet to the point of beginning of line to be described; thence North 27 degrees 51 minutes 56 seconds East, not tangent to said right-of-way a distance of 57.24 feet; thence North 69 degrees 03 minutes 06 seconds East a distance of 180.77 feet to the east line of said Lot 3 and there terminating. That part of Lot 3, Block 1, THE HABITAT, City of Edina, Commencing at the intersection of the westerly line of WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of'the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina. that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved<and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provisions that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolutibn was seconded by Member Turner. Rollcall : Ayes: Schmidt, Turner, Courtney Resolution adopted. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. As recommended by Mr. Hughes, Member Turner's motion was seconded by Member Schmidt, setting February 27, 1984 as hearing date for the following: 1) 2) Johnson Building Company - Overall Plan Amendment - ,5212 Vernon Avenue So. Lots 1, 2, 3 & 12, Block 1, Grandview Plateau - Vernon Hills Condominiums Haymaker - R-1 Single Family Dwelling District to PRD-3 Planned Residence District - Lots 3, 4 & 5, Block 4, Grandview Heights - Preliminary Plat of Interlachen Point -. Kyllo Development - R-1 Single Family Dwelling District to PRD-2 Planned Residence District - Vernon Court Addition - Generally located north of Crosstown Highway and west of Vernon Court and setting March 5, 1984 as hearing date for: 1) Grandview Traffic Study Report. Ayes: Schmidt, Turner, Courtney Motion carried. 3) BID AWARDED FOR WELL OVERHAUL - DEEP WELL #2 (WOODDALE AVENUE). Mr. Bernhardson presented tabulation of bids for well overhaul/Deep Well #2 (Wooddale Avenue), showing E. H. Renner & Sons, Inc. at $6,240.00, Layne Minnesota Company at $7,216.00 and Keys-Well Drilling at $7,713.00. Motion of Member Schmidt was seconded by Member Turner for award of bid for well overhaul/Deep Well 112 to recommended low bidder, E. H. Renner & Sons, Inc. at $6,240.00. Ayes: Schmidt, Turner, Courtney Motion carried. ADVISORY BOARD/COMMISSION APPOINTMENTS APPROVED. As recommended by Mayor Courtney, Member Schmidt's motion was seconded by Member Turner, for appointment of the following to the'various Boards and Commissions: Community Development & Planning Commission (term to 2-1-87): Del M. Johnson, Leonard B. Ring, Virginia Shaw and John P. Skagerberg; Edina Park Board (term to 2-1-87) Andrew Montgomery, George M. Warner, Donald E. Wineberg, and Jean Rydell; Board of Appeals & Adjustments (term to 2-1-85): Michael P. Lewis, Clark L. Miller, John L. Senior, Jr. and Rose-mary Utne; Building Construction Appeals Board (term to 2-1-87): Arthur H. Dickey and Rudy Trones; Edina Human Relations Commission (term to 2-1-87): Doris Barman, Thomas Oye, Katherine Sehlin, Geoffrey Workinger; South Hennepin Human Services Council (term to 2-1-86): Robert A. Emerson and Galene Erickson; Edina Recyclina Commission (term to 2-1-86): Ardythe Buerosse, Delores Paul and Robert Reid; Edina Heritage Preservation Board (term to 2-1-86): Foster Dunwiddie, Garold R. . Nyberg and Gordon Stuart; Edina Advisory Board of Health (term to 2-1-86): Dr. Kristofer Hagen and Barbara Reynolds; Edina Art Center Committee (term to 2-1-87): Betty Cater. Phyllis Havwa. Mary Hauser and Judv Smith. 198 1 2/6/84 Ayes: Schmidt, Turner, Courtney Motion carried. Mayor Courtney advised that one more member is needed for the Advisory Board of Health and that the appointment would be made at the next meeting. suggested that the matter of Council Member liaison with the various boards and commissions be discussed at the next regular meeting. Member Turner EUGENE DAVIS REAPPOINTED WEED INSPECTOR. As recommended, Member Turner's motion was seconded by Member Schmidt, reappointing Eugene Davis as Weed Inspector for the year 1984. Ayes: Schmidt, Turner, Courtney Notion carried. , SHHSC COMPREHENSIVE STUDY/IMPLEMENTATION PLAN DISCUSSED. the South Hennepin Human Services Council, Member Turner gave an update as to As Council liaison to what has happened since the Comprehensive Study of Human Service Needs in the South Hennepin Area was completed in 1981. still remained to implement the recommendations and each city designated one of its commissions to proceed with the implementation. Commission was designated and they reviewed and analyzied those recommendations and came back to the Council with some steps for action on items concerning Edina. An Areawide Implementation Committee was then formed and charged to pursue those issues that were of areawide significance. That committee has been meeting and has identified four top priority issues: 1) Family Violence, 2) Services to the Elderly, 3) Information Referral and 4) Public Health. In the action plans developed, the role of SHHSC is not to carry out those recommendations but to be a catalyst bringing the appropriate people together who can address those issues, being an educator or communicator by increasing peoples' awareness of things that need to happen and finally, as an advocate with other levels of government for funding. comments or suggestions would be welcome. Member Schmidt commented that she is glad to see that the recommendations are being followed up and that something is happening. public health system for South Hennepin. South Hennepin Board at its last meeting approved a motion to set up a task force to look at the issue to see if it would work. No action was taken. EDINBOROUGH 'PROJECT DISCUSSED. regarding the proposed Edinborough project in Southeast Edina with regard to the housing aspect. last Thursday. Rick Martens and that now Henry Hyatt has been included. They presented a revised concept and will be coming back within the next few weeks regarding modifications. Mr. Bernhardson stated an outline would be prepared for the Council's information by Monday, February 13. No action was taken. ?" When the Study was completed the task The Edina Human Relations , Member Turner stated that progress is being made and that any She asked if Eden Prairie is being considered for inclusion in the Member Turner responded that the Member Schmidt asked if there has been any action Mr. Bernhardson advised that staff had met with the developers The project team is headed by Peter Jarvis, with Larry Laukka and OFF-MONDAYS MEETING SCHEDULE REVISION PRESENTED. Mr. Bernhardson presented a revised schedule €or the off-Mondays special meetings of the Council. He reminded the Council of the Legislative Breakfast meeting on-February 15, at 7:30 a.m. at City Hall and that an agenda would be prepared for review prior to that date and would also be sent the invited legislators and Commissioner Kremer. was taken. No action GRANDVIEW TRAFFIC STUDY DISCUSSED. Mr. Bernhardson advised that the Community Development and Planning Commission had expressed an interest in reviewing the Grandview Traffic Study at their meeting on February 29. Member Turner stated that their input would be helpful when the Study is reviewed by the Council on March 5, 1984, and urged that it be placed on their agenda for February 29. No action was taken. UPDATE GIVEN ON MUNICIPAL LEGISLATIVE COMMISSION. Mr. Bernhardson advised that Mr. Rosland will be working in the area of Regional Parks on the Municipal Legislative Commission and that the committees are now working on developing position statements on legislative issues. will be given at the Legislative Breakfast on February 15, 1984. taken . An update on the Committees' progress No action was RAISING LEGAL'DRINKING AGE TO 21 DISCUSSED. Mr. Bernhardson recalled that in discussing legislative issues of concern to Edina, it was pointed out that legis- lation is-being proposed to raise the legal drinking age from 19 to 21 years of age. Chief Swanson has prepared a cover memorandum for a booklet that was pre- pared by the Minnesota Prevention Resource Center on the issue of raising the minimum drinking age, for the Council to review and return thereafter. was taken. No action . 2/6/84 199 1983-84 CORPORATE REPORT NOTED. Mr. Bernhardson called Council's attention to the 1983-84 Corporate Report for the City and asked that the report be reviewed, noting that any questions could be answered at the meeting on February 13. No action was taken. 15K MASTERS RACE/MAY 6, 1984, DISCUSSED. Mr. Bernhardson recalled that last May there was a 15K Master's Race in Edina and that a request has been made to hold the race in Edina again on May 6, 1984 in the southwestern portion of Edina. As part of the preparation for last year's-race, the staff sought Council approval and was given instructions to go ahead with planning and execution of the race but that all costs related to the race should be billed to the race sponsors. He advised that estimates of costs for this year's race will be sent to the sponsors and asked if Council's direction remains the same. Member Turner commented that charging all costs back to the race sponsors would be consistent with Council's general philosophy regarding any of the City's recreational programs and that she would support that policy. It was the consensus of the Council members that costs should be borne by the race sponsors. No formal action was taken. APPLICATION OF HERITAGE PRESERVATION BOARD AS A CERTIFIED LOCAL GOVERNMENT APPROVED. Mr. Hughes explained that the Federal government has established a process for certification of local heritage preservation programs and it appears that the Edina Heritage Preservation Board will meet the regulations and will qualify for certi- fication. At its January 24, 1984 meeting, the Heritage Preservation Board re- quested authorization from the City Council to seek designation as a certified Local Government. He explained that the program gives the City more review auth- ority over nominations to the National Register of Historic Places and gives the City access to a dedicated pool of historic preservation matching grants from the Federal Government. Certification of the Board would not change its status as being an advisory board to the City Council. Projects for research, surveys and preservation planning generally qualify for funding; projects for construction and rehabilitation generally do not qualify. resolution and moved its adoption: BE IT RESOLVED that the Edina City Council hereby approves and authorizes the Edina Heritage Preservation Board to apply for designation as a Certified Local Government(CLG) through Ehe process established by the Federal government and administered through the State Historic Preservation Officer. Motion for adoption of the resolution was seconded by Member Schmidt. Member Turner offered the following RESOLUTION Rollcall : Ayes: Schmidt, Turner, Courtney Resolution adopted. JOINT'POWERS AGREEMENT AUTHORIZED WLTH BLOOMINGTON FOR NORMANDALE CENTER AREA STORM SEWER. Nr. Hoffman recalled that during late 1982, the cities of Bloomington and Edina hired the consulting firm of Barr Engineering to update the Normandale Center Area Stormwater Management Plan. plans which now create a need for further upgrading the existing storm sewer in the Pentagon Office Park area on the Edina/Bloomingtog border. During 1983, the two cities authorized their staffs to develop a joint powers agreement for the additional storm sewer work. Mr. Hoffman advised that an agreement has now been developed and outlined the basic elements of the agreement, stating that he would recommend authorization for the City to enter into this joint powers agree- ment. adopt ion : Developers in the Plan area are proposing Member Turner thereupon offered the following resolution and moved its RESOLtJTION AUTHORIZING JOINT POWERS AGREEMENT WITH BLOOMINGTON FOR NORMANDALE CENTER AREA STORM SEWER PROJECT BE IT RESOLVED that the Mayor and the City Manager be and are hereby authorized to enter into a Joint Powers Agreement, on behalf of the City of Edina, with the City of Bloomington for storm-sewer construction to upgrade the Normandale Center Area storm sewer system, Motion for adoption of the resolution was seconded by Member Schmidt.. Rollcall : Ayes: Schmidt, Turner, Courtney Resolution adopted. ORDINANCE NO. 171-A14 (LICENSE FEE FOR AMUSEMENT MACHINES) GRANTED FIRST READING. Mr. Bernhardson advised that after extensive review over the last six months re- garding staff time spent in the licensing process for amusement machines and related enforcement staff would recommend a reduction in the amount of the license fee to $25.00 annually per establishment, plus $5.00 per machine. being heard, Member Schmidt offered Ordinance No. 171-A14 for First Reading as follows : No objection 2/6/84 200 THE No. ORDINANCE NO. 171-A14 AN ORDINANCE AMENDING ORDINANCE NO. 171 TO ADJUST THE AMOUNTS OF CERTAIN FEES CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The amounts of Fee Nos. 5a and 5b of Schedule A to Ordinance 171 is hereby amended to read as follows: ORD. SEC. -- NO. NO. PURPOSE OF FEE/CHARGE AMOUNT FEE NO. 211 5 Mechanical amusement machine $25.00 annually per 5 establishment, plus $5.00 per machine for all machines described in Section 1 Sec. 2. This ordinance shall be in full force and effect immediately upon its passage and publication. ORDINANCE NO. 211-A2 (REGULATING AND LICENSING AMUSEMENT MACHINES) GRANTED FIRST READING. Mr. Bernhardson recalled that the current ordinance on amusement devices prohibits the use by anyone under the age of 18 of such devices-unless accompanied by a parent or.guardian. coupled with the fact that we have not made a concerted effort to attempt to enforce it, it is the recommendation of the staff and the City Attorney that the prohibition on persons under the age of 18 from playing or using amusement devices be deleted in its entirety from the ordinance. term "amusement device" be redefined. offered Ord. No. 21142 for First Reading as follows: AN ORDINANCE AMENDING ORDINANCE NO. 211 TO DELETE "MECHANICAL" FROM THE ORDINANCE TITLE, TO AMEND THE DEFINITION OF MACHINE AND TO REPEAL THE RESTRICTION Given-the fact that such a ban may be unenforceable, It is also suggested that the No objections being heard, Member Turner ORDINANCE NO. 211-A2 ON OPERATION OF MACHINES BY PERSONS UNDER THE AGE OF 18 YEARS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Sec. 2. Definition. Section 1 of Ordinance No. 211 is.hereby amended to read "Section 1. Definition. The term "machine" or "amusement device" as used herein means any machine, contrivance or device, including, without limitation, video, electronic or mechanical, of any of the following types: operates, or may be operated, as a game, contest or other amusement only and which contains no automatic payoff device for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to permit a free play or game; or gun ranges, and machines patterned after baseball, basketball, hockey and similar games and like machines which may be played solely for amusement and not as gambling devices, and which machines are played by the insertion of a coin or coins or at a fee fixed and charged by the establishment in which such machines are located; or (c) amusement devices designated for and used exclusively by children, - such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices, not operated as a part of or in connection with any carnival, circus, show, or other entertainment or edibition. Sec. 3. Fees. The fee for the license required by this ordinance shall be as provided from time to time by Ordinance No. 171 of the City. Sec. 4. Operation by Minors. Section 10 of Ordinance No. 211 restricting operation of machines by persons under the age of 18 years, is hereby repealed in its entirety. Sec. 5. This ordinance shall be in full force and effect upon its passage and publication. The word "Mechanical" in the title of Ordinance No. 211 is hereby deleted. as follows: (a) a machine which upon the insertion of a coin, slug or other token (b) miniature pool tables, bowling machines, shuffle boards, electric rifle . BIDS TO BE TAKEN FOR SALE OF CERTIFICATES OF INDEBTEDNESS. Mr. Bernhardson requested the approval of Council to seek bids for the sale of $2,300,000 in .I I I ! I : ! : I Certificates of Indebtedness, explaininathat the proceeds are needed on a short term basis through July, 1984, to meet the City's estimated obligations during that period. As recommended, Member Turner offered the following resolution and moved its adoption: . 2/6/84 -RESOLUTION BE IT RESOLVED, that the Edina City Council does hereby authorize the sale of $2,300,000 General Obligation Tax Anticipation Certificates of Indebtedness; and BE IT FURTHER RESOLVED that the Finance Director-Treasurer is herehy.direct.ed to negotiate for bids thereon. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Schmidt, Turner, Courtney Resolution adopted. LIQUOR FUND REPORT as of November 30, 1983, was presented, reviewed and ordered placed on file by motion of Member Turner, seconded by Member Schmidt. Ayes: Schmidt, Turner, Courtney Motion carried. CLAIMS PAID. Motion of Member Turner was seconded by Member Schmidt for payment of the following Claims as per Pre-Lis; dated 2/6/84: General Fund $60,442.54, Park Fund $6,123.57, Art Center $1,043.27, Park Construction Fund $111.25, Golf Course Fund $1,201.38, Recreation Center Fund $3,685.28, Waterwork Fund $4,620.27, Sewer Rental Fund $195.60, Liquor Dispensary Fund $3,666.13, Construction-Fund $540 .OO , , IMP Bond Redemption Fund -$202.85 , IBR k2 $202.85 , Total $82,034.99 , for confirmation of the following claims dated 12/31/83: General Fund $3,489.12, Liquor Dispensary Fund $465,532.60, Total $469,021.72, and for confirmation of the following claims dated 1/16/84: General Fund $77,127.75, Park Fund $21,865.62, Art Center $4,075.26, Park Construction Fund $46.00, Swimming Pool Fund $34.01, Golf Course Fund $9,507.68, Recreation Center Fund $6,439.15, Gun Range Fund $655.89, Waterwork Fund $21,862.50, Sewer Rental Fund $4,074.18, Liquor Dispen- sary Fund $56,964.94, Construction Fund $180.00, Total $202,832.98. No further business appearing, Mayor Courtney declared the meeting adjourned at 8:25 p.m. d. cT4 i\ 0 m <=c City Clerk