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Ord 276 Restating and Recodifiying Zoning OrdinanceCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. 276 AN ORDINANCE AMENDING, RESTATING AND RECODIFYING ORDINANCE NO. 401 The City Council of the City of Mendota Heights, Minnesota, ordains as follows: Section 1. Ordinance No. 401 entitled "The Zoning Ordinance of Mendota Heights, Relating to a Comprehensive Amendment and Rezoning of the City, amending Zoning Ordinance No. 32, as Amended," is hereby amended, restated and recodified in accordance with the attached. Section 2. This Ordinance shall be in full force and effect from and after its publication according to law. Adopted by the City Council of the City of Mendota Heights this Sixteenth day of July, 1991. ATTEST: Y,Athleen M. Swanson City Clerk CITY COUNCIL CITY OF MENDOTA HEIGHTS By_, � e. /W'1-1� Charles E. Mertensotto Mayor CITY OF MENDOTA HEIGHTS SUMMARY OF ORDINANCE NO. 276, AN ORDINANCE AMENDING, RESTATING AND RECODIFYING ORDINANCE NO. 401, THE ZONING ORDINANCE OF MENDOTA HEIGHTS The City Council of the City of Mendota Heights has determined that the following summary of the above referenced ordinance clearly informs the public of the intent and effect of the ordinance, and shall be published in lieu of publishing the entire text of the Ordinance. A printed copy of the full text of the Ordinance is available for inspection by any person during regular office hours at the office of the City Clerk. Ordinance No. 401 entitled "The Zoning Ordinance of Mendota Heights, Relating to a Comprehensive Amendment and Rezoning of the City, amending Zoning Ordinance No. 32, as Amended," is amended, restated and recodified as follows: Section 1 refers to the title of the Ordinance. Section 2 states the intent and purpose of the ordinance. Section 3, Rules and Definitions sets forth the rules of construction and definition of terms used in the ordinance. Section 4 addresses non-conforming uses and structures, lot provisions, accessory structures, required yards and open space, traffic visibility, fencing, essential services, annexed territory, farming operations, land reclamation, mining, soil processing, floodway district regulations and development without public utilities. In addition, Section 4 establishes general requirements for all business and industrial districts, including building design and construction, landscaping requirements, building additions and accessory structures, and screening and buffering. This section also sets minimum requirements for single family residential districts. Included in the requirements are dwelling and garage sizes, driveway widths and surfacing, and building permit requirements, including grading plan requirements. Section 5 provides for the administration and enforcement of the ordinance, establishes the duties of the Zoning Administrator, provides an appeals process and requires certificates of occupancy. Section 5 also explains the application, hearing and issuance processes for variances, conditional use permits, rezoning, Zoning ordinance Amendments and Comprehensive Plan Amendments. Section 6 explains zoning district abbreviations and the Zoning Map and map boundary lines. Section 7 establishes IIR-111 One Family Residential District permitted, conditional and permitted accessory uses, and lot area, width, yard and building height requirements. Section 8 establishes "R -1A" One Family Residential District permitted, conditional and permitted accessory uses, and lot area, width, yard and building height requirements. Section 9 establishes "R -1B" One Family Residential District permitted, conditional and permitted accessory uses, and lot area, width, yard and building height requirements. Section 10 establishes "R -1C" One Family Residential District permitted, conditional and permitted accessory uses, and lot area, width, yard and building height requirements. Section 11 establishes IIR-211 Medium Density Residential District permitted, conditional and permitted accessory uses, and lot area, width, yard and building height requirements. Section 12 establishes IIR-311 High Density Residential District permitted, conditional and permitted accessory uses. This section also establishes lot and building area and building height requirements and limitations, off-street parking requirements, and architectural, structural, electrical and mechanical requirements. Section 13 explains the purpose of the Planned Unit Development District and defines the three types of zoning designations the District comprises: HR-PUD (High Density Residential Planned Unit Development District), MR-PUD (Medium Density Residential Planned Unit Development District), and LB- PUD (Limited Business Planned Unit Development District). Section 13 constructs standards for approval and administration of Planned Unit Development District proposals and establishes density standards. Application submission criteria, hearing and approval processes are regulated by the provisions of the Planned Unit Development and Conditional Use Permit sections. Section 14 defines the permitted, conditional and permitted accessory uses allowed in the "B-111 Limited Business District. Lot area, lot width, yard and building height requirements are established, as well as landscaping and screening requirements. Section 15 defines permitted, conditional and permitted accessory uses, lot area width, yard, building height, and landscaping requirements for the "B -1A" Business Park District. Section 16 establishes permitted, conditional and permitted uses, lot area, width, yard, building height and landscaping requirements for the "B-211, Neighborhood Business District. Section 17, "B-311 General Business District, specifies General Business District permitted, conditional and accessory uses and establishes lot area, width, yard, landscaping and building height requirements. Section 18 defines the purpose for the B-4 "Shopping Center District," and the application process, requires a central authority or single ownership (Administration), stipulates design requirements and specifies permitted, conditional and accessory uses. Lot area, width, yard, landscaping and building height requirements are also established. Section 19 specifies the permitted, conditional and accessory uses allowed in the "I" Industrial District. This section establishes the criteria required for building permit applications, provides off-street parking space calculation and surfacing requirements and explains landscaping and screening conditions. Lot area, width, yard and building height requirements and performance standards are also established. Section 20 specifies performance standards for all districts with respect to noise, smoke and particulate matter, toxic or noxious matter, odors, vibrations, glare and heat, explosives, screening, waste material, bulk storage of liquids, radiation emission, electrical emission, maintenance standards, lighting standards, drainage and storage standards, water pollution and general land development standards. Section 21, "Special Provisions." Among the requirements of this section are regulation off-street parking and loading spaces, including the calculation of required parking spaces, parking space widths, and the use of parking spaces. Section 21 restricts the parking of semi-trailers, truck-tractors, custom service vehicles, and trucks in excess of 9,000 pounds gross vehicle weight in residential district. Off street parking locations setbacks in all districts, driveway locations for residential corner lots and maximum driveway widths in all districts are established. Section 21 regulates the design and maintenance of off-street parking areas, and off-street loading and unloading berths. Motor fuel station regulations, including area and design requirements, parking and driveways, architecture and landscaping are established in this section. Drive-in and fast food restaurant regulations are specified. Section 21 regulates outside storage in residential districts. Sign permit requirements are established, and permitted and prohibited signs are specified, and sign sizes are regulated by this section. Section 22 establishes provisions for the granting of conditional use permits for Planned Unit Developments, including rights to a Planned Unit Development, approval and administration, coordination with the Subdivision ordinance, application criteria and processing, plan amendments, development schedule enforcement, open space maintenance and standards, and control of a Planned Unit Development following completion. Section 23 stipulates additional requirements, exceptions and modifications to the requirements and regulations specified in the Zoning Ordinance. BY ORDER OF THE CITY COUNCIL CITY OF MENDOTA HEIGHTS Kathleen M. Swanson City Clerk ORDINANCE NO. 401 TABLE OF CONTENTS Page Number SECTION 1. TITLE 1 SECTION 2. INTENT AND PURPOSE 1 SECTION 3. RULES AND DEFINITIONS 3 SECTION 4. GENERAL PROVISIONS 19 Application of this ordinance Separability Non-Conforming Uses and Structures Lot Provisions Accessory Structures Required Yards and Open Space Traffic Visibility Fencing Essential Services Annexed Territory Farming Operations Land Reclamation Mining Soil Processing Floodway and Floodplain Districts Development Without Public Sanitary Sewer and Water General Requirements for all "B" and "I" Zoning Districts Minimum Requirements for Single Family Residential Districts. SECTION 5. ADMINISTRATION AND ENFORCEMENT 35 Administration and Enforcement Duties of the Zoning Administrator Appeals Certificate of occupancy Variances Conditional Uses Rezoning Amendments Fees Violations and Penalties SECTION 6. ZONING DISTRICTS AND MAP so Districts Map Boundaries TABLE OF CONTENTS (Continued) Noise Smoke and Particulate Matter Toxic or Noxious Matter Toxic or Noxious Matter Vibrations Glare and Heat Explosives Screening Waste Material Bulk Storage (Liquid) Radiation Emission Electrical Emission Maintenance Standards Lighting Standards Drainage Standards Storage Standards Water Pollution General Land Development Standards Page Number SECTION 7. " "R -11" ONE FAMILY RESIDENTIAL DISTRICT 52 SECTION S. " 1R -1A " ONE FAMILY RESIDENTIAL DISTRICT 55 - SECTION 9. 'OR -1B " ONE FAMILY RESIDENTIAL DISTRICT 56 SECTION 10. "R -1C " ONE FAMILY RESIDENTIAL DISTRICT 57 SECTION 11. "R -21" MEDIUM DENSITY RESIDENTIAL DISTRICT 58 SECTION 12. "R -31" HIGH DENSITY RESIDENTIAL DISTRICT 60 SECTION 13. PLANNED UNIT DEVELOPMENT DISTRICT 66 SECTION 14. " "B -11" LIMITED BUSINESS DISTRICT 68 SECTION 15. 'QB -1A " BUSINESS PARR DISTRICT 70 SECTION 16. " 1B -21" NEIGHBORHOOD BUSINESS DISTRICT 73 SECTION 17. " "B -31" GENERAL BUSINESS DISTRICT 77 �- SECTION 18. "B -41" SHOPPING CENTER DISTRICT 82 SECTION 19. " "I1' INDUSTRIAL DISTRICT 86 SECTION 20. PERFORMANCE STANDARDS 91 Noise Smoke and Particulate Matter Toxic or Noxious Matter Toxic or Noxious Matter Vibrations Glare and Heat Explosives Screening Waste Material Bulk Storage (Liquid) Radiation Emission Electrical Emission Maintenance Standards Lighting Standards Drainage Standards Storage Standards Water Pollution General Land Development Standards TABLE OF CONTENTS (Continued) SECTION 21. SPECIAL PROVISIONS Off-Street Parking and Loading Spaces General Provisions Motor Fuel Stations Drive-In and Fast Food Restaurants Outside Storage in Residential Districts Signs Signs in "R11 District Signs in "B" and "I" Districts Page Number 94 SECTION 22. PLANNED UNIT DEVELOPMENT 112 Purpose and Definition Rights to a Planned Unit Development Approval and Administration Pre-Application Conference Sketch Plan Approval of the Sketch Plan Preliminary Development Plan Approval of Preliminary Development Plan. Approval of Final Development Plan Failure to Begin Planned Unit Development Amendments of Final Development Plan Enforcing Development Schedule Conveyance and Maintenance of Common Open Space Standards for Common or Public.Open Space... Guarantee the Provision of Common Open Space Control.of PUD Following Completion SECTION 23 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS 124 APPENDIX 125 INDEX 137 ORDINANCE NO. 401 THE ZONING ORDINANCE OF MENDOTA HEIGHTS, RELATING TO A COMPREHENSIVE AMENDMENT AND REZONING OF THE CITY, AMENDING ZONING ORDINANCE NO. 32, AS AMENDED WHEREAS, Chapter 462.01, Minnesota Statutes, empowers the City to enact a zoning ordinance and to provide for- its administration, enforcement and amendment; and WHEREAS, the City Council deems it necessary, for the purpose of promoting health, safety, order, convenience, prosperity and general welfare of the City to enact such an ordinance; and WHEREAS, the City Council has prepared a comprehensive plan for the future physical development and improvement of the City and deems it necessary to make different regulations for different districts to carry out the purpose of the aforesaid statute; NOW THEREFORE BE IT ENACTED BY THE CITY OF MENDOTA HEIGHTS, MINNESOTA: That the Zoning Ordinance adopted by the City Council of the City of Mendota Heights on the 3rd day of April, 1962, is hereby amended in its entirety to read as follows: SECTION 1. TITLE This Ordinance shall be known, cited and referred to as the Mendota Heights Zoning Ordinance except as referred to hereinafter, where it shall be known as "this Ordinance." SECTION 2. INTENT AND PURPOSE This Ordinance is adopted for the purposes of: . . . protecting the public health, safety, morals, comfort, convenience and general welfare. . . . dividing the City into zones and districts restricting and regulating therein the loca- tion, construction, reconstruction, alteration, and use of structures and land. promoting orderly development of the residen- tial, business, industrial, recreational, and public areas. . . . providing adequate light, air, and convenience of access to property. (401) 1 limiting congestion in the public rights-of- way. preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them. providing for the compatibility of different land uses and the most appropriate use of land throughout the City. providing for the administration of this Ordinance and amendments thereto. defining the powers and duties of the administrative officers and bodies, as provided hereinafter. prescribing penalties for the violation of the provisions of this Ordinance or any amendment thereto. (401) 2 SECTION 3, RULES AND DEFINITIONS 3.1 RULES The language set forth in the text of this ordinance shall be interpreted in accordance with the following rules of construction: 3.1(1) The singular number includes the plural and the plural the singular. 3.1(2) The present tense includes the past and future tenses, and the future the present. 3.1(3) The word "shall" is mandatory, and the word "may" is permissive. 3.1(4) The masculine gender includes the feminine and neuter genders. 3.1(5) Whenever a word or term defined hereinafter appears in the text of this ordinance, its meaning shall be construed as set forth in such ordinance. 3.1(6) All measured distances expressed in feet shall be to the nearest tenth of a foot. 3.2 DEFINITIONS 3.2(1) Accessory Motor Fuel Station Uses: Accessory motor fuel station uses include one (1) or more of the following: a. Rental of camper trailers of less than fifteen (15) feet in length. b. Rental of camper trucks and camper buses. C. Rental of open, covered, and stake trailers. d. Rental of trucks except tractor-trailer units. e. Motor fuel station convenience stores. 3.2(2) Accessory Use or Structure: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. 3.2(3) Agriculture-Urban: An area less than five (5) contiguous acres which is used for the purpose of growing produce including crops, fruits, trees, shrubs, plants and flowers, vegetables, and the like provided such produce is intended solely for the use of residents on the property or sale away from the property. it shall not include the raising of animals, roadside stands for sale of products, processing or packaging operations, or similar uses. (401) 3 3.2(4) Airport or Heliport: Any land or structure which is used or intended for use for the landing and take-off of aircraft and any appurtenant land or structure used or intended for use for port buildings or other port structures or rights-of-way. 3.2(5) Alley: A public right-of-way which affords a secondary means of access to abutting property. 3.2(6) Animals, Food Fish, fowl, cattle, swine, sheep and others raised for purposes of food consumption. 3.2(7) Animals, Fur: Animals raised for pelts. 3.2(8) Animals,_ Pleasure: Dogs, cats, horses, birds. 3.2(9) Apartment: A room or suite of rooms with full housekeeping facilities which is rented on a monthly basis. 3.2(10) Attorney: The person licensed by the state to practice law who has been engaged by the City Council. 3.2(11) Automobile Repair, Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, framework, and major painting service. 3.2(12) Automobile Reduction Yard: A lot or yard where three (3) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. 3.2(13) Automobile Repair, Minor: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above stated is applied to passenger automobiles and trucks not in excess of a three-quarter (3/4) ton rating. 3.2(14) Basement: That portion of the building having more than one-half (1/2) of the floor-to-ceiling height below the average grade of the adjoining ground. 3.2(15) Basement, Exposed: A portion of a building located partly underground, but having less than half its floor- to-ceiling height below the average grade of the adjoining ground. (401) 4 3.2(16) Block: An area of land within a subdivision that is entirely bounded by streets or a combination of streets, exterior boundary lines of the subdivision and/or bodies of water. 3.2(17) Boarding House: A building other than a motel or hotel where for compensation and by pre-arrangement for definite periods, meals or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. 3.2(18) Building: Any structure having a roof which may provide shelter or enclosure of persons, animals, or chattel, and when said structure is divided by party walls without openings, each portion of such building so separated shall be deemed a separate building. 3.2(19) Building Height: The vertical distance from the average grade of the front building line, as established in the approved grading plan for the lot, to the top of the cornice of a flat roof, to a point of the roof directly above the highest wall of a shed roof, to the ,uppermost point on a round or other arch type roof, to the average distance of the highest gable on a pitched or hip roof. 3.2(20) Business: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor and materials, or where services are offered for compensation. 3.2(21) Carport: An open-sided, roofed automobile shelter usually formed by extension of the roof from the side of a building. 3.2(22) Church: A building, together with its accessory building and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. 3.2(23) Club or Lodge: A club or lodge is a non-profit association of persons who are bona fide members paying annual dues, use of premises being restricted to members and their guests. 3.2(24) Commercial Recreation: Bowling alley, cart track, jump center, golf, pool hall, vehicle racing or amusement, dance hall, skating, tavern, theater, firearms range, and similar uses. (401) 5 3.2(25) Common Open Space: That portion of the total property of a Planned Unit Development to be used by its residents for both passive and active recreation and owned and maintained by an agency other than the governing body. 3.2(26) Comprehensive Plan: Unless otherwise stated, it is the general plan for land use, transportation and community facilities prepared and maintained by the Planning Commission. 3.2(27) Conditional Use Permit: A permit specially - and individually granted for a conditional use in any district. 3.2(28) Council: Within this Ordinance the term Council shall refer to the City Council of Mendota Heights. 3.2(29) Curb Level: The level of the established curb in front of a building measured at the center of such front. Where no curb elevation has been established, the mean elevation of the finished lot grade immediately adjacent to a building shall be considered the "curb level." 3.2(30) Custodial Care Center: A facility used to,provide care for aged or infirm persons who require only personal services as board, room, laundry, and other personal services, where nursing services are not provided. 3.2(31) Day Care Center: A facility which for gain or otherwise regularly provides one or more persons with care, training, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis for periods of less than 24 hours per day, in a place other than the person's own home. 3.2(32) Dwelling: A building or one (1) or more portions thereof occupied or intended to be occupied exclusively for residence purposes, but not including rooms in motels, hotels, nursing homes, boarding houses nor trailers, tents, cabins or trailer coaches. -1 3.2(33) Dwelling, Attached: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. 3.2(34) Dwelling, Detached: A dwelling which is entirely surrounded by open space on the same lot. 3.2(35) Dwelling, Multiple: A building having two or more dwelling units. (401) 6 3.2(36) Dwellincr, Townhouse: A dwelling unit having one or more walls in common with another oriented so as to have direct access outside. 3.2(37) Earth Sheltered Structure: A building designed by a registered architect and/or engineer and constructed so that the surface area of the building, excluding the garage or accessory buildings is partially sheltered with earth. 3.2(38) Easement: Authorization by a property owner for the use by another, and for a specified purposei of any designated part of his property. 3.2(39) Engineer, City: The professional engineer engaged by the City Council. 3.2(40) Essential Services: Underground or overhead gas, electrical, steam or water transmission or distribution systems; collection, communication, supply or disposal systems including poles, wire mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including buildings. 3.2(41) Family: An individual, or two or more persons each related by blood, marriage or adoption or other parent- child relationship, living together as a single housekeeping unit, or a group of not more than four (4) persons not so related, maintaining a common household. 3.2(42) Fence: Any partition, structure, wall or gate erected as a dividing marker, barrier, or enclosure. 3.2(43) Flood: A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel. 3.2(44) Flood, Design: The design flood which has been calculated for a given watershed or area from record and study. In the absence of any special engineering studies, the 1965 high water levels shall be used as a standard in this ordinance in determining areas subject to flooding. 3.2(45) Flood Proofing: A combination of structural provisions, changes or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages to properties, water and sanitary facilities, structures and contents of buildings in a flood hazard area. (401) 7 3.2(46) Flood Water: The water of any river, stream, drainage channel, low area, lake, or pond which is above and/or outside the channel or banks of said river, stream, drainage channel, lake or pond. 3.2(47) Floodylain: The land adjacent to a body of water which has been or may be hereafter covered by flood water. 3.2(48) Floodylain District: The area adjoining a river, stream, drainage channel, lake, pond or any low area which is subject to flooding. 3.2(49) Floodway: The channel of a stream and those portions of the floodplain adjoining the channel that are required to carry and discharge the flood water or flood flows of any river or stream. 3.2(50) Floodway District: The channel or bed of a river, stream, drainage channel, lake, or pond and those portions of the floodplains adjoining which are required to efficiently carry and discharge the flow of the river or stream and for the purpose of this Ordinance. 3.2(51) Floor Area: The area included within the surrounding exterior walls of a building or portion thereof, exclusive of vent shafts and courts. The floor area of a building or portion thereof not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. 3.2(52) Floor Area Ratio: The numerical value obtained through dividing the floor area. of a building or buildings by the lot area on which such building or buildings are located. 3.2(53) Garage, Private: A detached accessory building or portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rated capacity not in excess of one and one-half (1 1/2) tons. 3.2(54) Garage, Public: A building or portion of a building used for the storage of vehicles for remuneration. 3.2(55) Garage, Repair: A building or space for the maintenance of vehicles but not including auto wrecking or junk yards. 3.2(56) General Floor Plan: A graphic representation of the anticipated utilization of the floor area within a building structure. 3.2(57) Governing Body: The City Council of Mendota Heights. (401) 8 3.2(58) Home Occupation: Any gainful occupation meeting all of the following requirements: when engaged in only by persons residing in their dwelling, when that occupation is conducted in not more than one (1) room within the principal structure, when evidence of the occupation is not visible from the street, when the principal structure becomes the base of operation for that occupation using only that equipment or machinery which is usually found in a home, and when not involving the retail sales of products produced off the site. A professional person may use his residence for consultation, emergency treatment or performance of religious rites but not for the general practice of his profession. No accessory building shall be used for such home occupation. 3.2(59) Hotel: A building containing eight (8) or more guest rooms in which lodging is provided for compensation, with or without meals, and which is open to transient or permanent guests or both, and where no provision is made for cooking in any guest room and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. 3.2(60) Junk Yard: An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including but not limited to scrap iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. 3.2(61) Kennel, Animal: A place where three (3) or more of any single type of domestic animal, over four (4) months of age, are owned, boarded, bred or offered for sale. 3.2(62) Land Reclamation: Restoration of land to usable form by depositing of clean fill materials so as to elevate the grade. 3.2(63) Landscaping: Plantings such as trees, grass and shrubs. 3.2(64) Licensed Engineer: A person licensed as a professional engineer by the State of Minnesota. 3.2(65) Lot: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this ordinance, abutting on a public street, and of sufficient size to provide the yards required by this Ordinance. 3.2(66) Lot, Butt: A lot located on the end of a block, excluding corner lots. (401) 9 3.2(67) Lot, Corner: A lot situated at the junction of, and abutting on two (2) or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street and interior angle of which does not exceed one hundred thirty-five (135) degrees. 3.2(68) Lot, Interior: A lot other than a corner lot including through lots. 3.2(69) Lot, Through: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a corner lot. on a through lot, both street lines shall be front lot lines for applying this Ordinance. 3.2(70) Lot Area: The area of a lot in a horizontal plane bounded by the lot lines. 3.2(71) Lot Area, Per Dwelling Unit: The number of square feet of lot area required per dwelling unit. 3.2(72) Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. 3.2(73) Lot Line: A lot line is the property line bounding a lot except that where any portion of a lot extends into a public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for applying this Ordinance. 3.2(74) Lot Line, Front: That boundary of a lot which abuts an existing or dedicated public street, and in the case of -a corner lot, the front lot line shall be designated by the owner, subject to the approval by the Code Enforcement Officer. Appeals to the determination of the Code Enforcement Officer may be filed with the Zoning Board of Appeals in accordance with Section 5.3 of this Ordinance. 3.2(75) Lot Line, Rear: That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the rear, the rear lot line shall be the line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line. 3.2(76) Lot Line, Side: Any boundary of a lot which is not a front lot line or a rear lot line. (401) 10 3.2(77) Lot of Record: Part of a subdivision, the plat of which has been recorded in the office of the Register of Deeds, or a parcel of land, the deed to which was recorded in the office of said Register of Deeds prior to the adoption of this ordinance. 3.2(78) Lot Width: The maximum horizontal distance between the side lot lines of a lot measured within the first thirty (30) feet of the lot depth. 3.2(79) Manufacturing: All uses which include the compounding, processing, packaging, treatment, or assembly of products and materials provided such use will not generate objectionable influences that extend beyond the lot on which the use is located. 3.2(80) Mean Flow Level: The average flow elevation of a stream or river computed as the mid-point between extreme low and extreme high water. 3.2(81) mining: The extraction of sand, gravel, rock, soil or other material from the land in the amount of 400 cubic yards or more and the removal from the site, except grading and/or excavation in connection with an approved development or building plan for which permits have been issued by the City Council. 3.2(82) Mobile Home: Any type of structure or vehicle which is mounted on wheels or has provisions for wheels and which is designed to provide permanent residence. 3.2(83) Mobile Home Park: Any site, lot, field or tract of land upon which two (2) or more occupied mobile homes are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such mobile home park. 3.2(84) Motor Court, Motor Hotel or Motel: A building or group of buildings other than a hotel used primarily as a temporary residence. 3.2(85) Motor Freight Terminal: A building or area in which freight brought by motor truck is assembled and/or stored for routing in intra-state or inter-state shipment by motor truck. 3.2(86) Motor Fuel Convenience store: A store operated in conjunction with a motor fuel station or truck stop for the purpose of offering for sale goods not essential for the operation of motor vehicles. (401) 11 3.2(87) Motor Fuel Station: A retail place of business engaged primarily in the sale of motor fuels, but also may be engaged in supplying -goods and services generally required in the operation and maintenance of motor vehicles. These may include the sale of petroleum products and the sale and servicing of tires, batteries, automotive accessories, replacement items, lubrication services, and the performance of minor automotive maintenance and repair. 3.2(88) Motor Home: All motor vehicles designed, constructed, or used to provide movable living quarters for recreational use. 3.2(89) Non - Conforming Structure: Use of land, buildings or structures lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. 3.2(90) Won-Conforming Use: Use of land, buildings or structures lawfully existing at the time of adoption of this Ordinance which does not comply with all the regulations of this Ordinance or any amendments hereto governing the zoning district in which such use is located. 3.2(91) Noxious Matter or Materials: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well-being of individuals. 3.2(92) Nursery, Day or Nursery School: A use where care is provided for pay for three (3) or more children for periods of four (4) hours or more per day. 3.2(93) Nursery, Landscape:- A business growing and selling trees, flowering and decorative plants, and shrubs. 3.2(94) Nursing Home: Any institution or facility, required to be licensed as such under Minnesota Statutes, Sections 144.50 to 144.56 by the State Board of Health. 3.2(95) Open Sales Lot: Land devoted to the display of goods for sale, rent, lease, or trade where such goods are not enclosed within a building. 3.2(96) open Storage: Storage of material outside of a building. 3.2(97) Owner: Any individual, firm, association, . syndicate, partnership, corporation, trust, or any other legal entity having proprietary interest in the land. (401) 12 3.2(98) Parking space: A surfaced and maintained area for the storage of one standard automobile (9 by 20 feet). 3.2(99) Parking Space, Handicapped: A surfaced and maintained area (12 by 20 feet) for the parking of one standard automobile and identified for use by handicapped individuals. 3.2(100) Party Wall: A common wall which divides two (2) independent structures. 3.2(101) Pedestrianway: The right-of-way across or within a block, for use by pedestrian traffic. 3.2(102) Performance Standard: Criterion established to control noise, odor, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. 3.2(103) Person: A natural person of either gender, a partnership, corporation, political body, any other entity and any other association of persons. 3.2(104) Planned Unit Development: A development which consists of two (2) or more principal structures or uses on a single parcel of land. 3.2(105) Planning commission: Within this ordinance the term Planning commission shall refer to the Planning Commission of the City of Mendota Heights. 3.2(106) Primary Surface: A clear zone extending a distance of five hundred (500) feet centered on the centerline of a runway and extending to a distance of two hundred (200) feet beyond the end of a runway. 3.2(107) Property Line: The legal boundaries of a parcel of land. 3.2(108) Protective Covenant: A contract between parties which constitutes a restriction on the use of property for the benefit of the owners. 3.2(109) Public Land: Land owned and/or operated by a governmental unit. 3.2(110) Publication: An official notice as prescribed by State Statutes. 3.2(111) Pump Setback: The distance from the street right-of-way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right-of-way. (401) 13 3.2(112) Recreation Equipment: Play apparatus such as swing sets and slides, sandboxes, poles for nets, picnic tables, lawn chairs, barbecue stands, and similar apparatus but not including tree houses, swimming pools, playhouses exceeding twenty-five (25) square feet of floor area, or sheds utilized for storage of equipment. 3.2(113) Restaurant, Cafeteria: Food is selected by a customer while going through a serving line and taken to a table for consumption. 3.2(114) Restaurant, Drive-In: Most customers consume their food in an automobile regardless of how it is served. 3.2(115) Restaurant, Past Food: A majority of customers order and are served their food at a counter, and then the food is taken to a table or counter where it is consumed, however, a significant number of people may take the food outside to eat in an automobile or off the premises. 3.2(116) Restaurant, Traditional: Food is served to a customer and consumed while seated at a counter or table. 3.2(117) Retail Sales: Stores and shops selling personal services or goods. 3.2(118) Setback: The minimum horizontal distance between the line of a structure and the nearest specified property line. 3.2(119) Setback, Pump: The distance from the street right-of- way line to the centerline of the motor fuel station pump island measured as a perpendicular distance from the right-of-way. 3.2(120) Shelter, Fallout or Blast: A structure or portion of a structure intended to provide protection to-� human life during periods of danger from nuclear fallout, blasts, air raids, storms, or other emergencies. (401) 14 3.2(121) Sian: The term "sign" shall mean any written announcement, declaration, demonstration, display, illustration, insignia or illumination used to advertise or promote the interest of any person when the same is placed out of doors or displayed in view of the general public and shall include every detached sign, or billboard and every sign attached to or forming a component part of a building, marquee, canopy, awning, street clock, pole, parked vehicle or other object, whether stationary or movable. However, a sign shall not include any display of traffic directional signs, street name signs or other signs which have been authorized and erected by a government body. 3.2(122) Sign, Advertising (Billboard): . A sign which directs .attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed. 3.2(123) Sign, Business: A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered on the premises on which such sign is located or to which it is affixed. 3.2(124) Sign, Flashing: An illuminated sign on which the artificial light is not maintained stationary or constant in the intensity and color at all times in which such sign is in use. 3.2(125) Sign, Gross Area of: The area within the frame shall be used to calculate the square feet except that the width of the frame exceeding twelve (12) inches shall constitute advertising space, or should such letters or graphics be mounted directly on a wall or fascia or in any such way as to be without a frame, the dimensions for calculating the square footage shall be the area extended six (6) inches beyond the periphery formed around such letters or graphics bounded by straight lines connecting the outer-most points thereof, and each surface utilized to display a message or to attract attention shall be measured as a separate sign. 3.2(126) Sign, Illuminated: Any sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes as a part of the sign proper. 3.2(127) Sign, Marquee or canopy: Any message or identification which is affixed to a projection or extension of a building or structure, erected in such a manner as to provide a shelter or cover over the approach to any entrance to a store, building or place of assembly. (401) 15 3.2(128) Sign, Nameplate: A "Nameplate Sign" shall mean any sign which states the name or address or both of the business or occupant of the lot where the sign is placed or may be a directory listing the names, addresses, and business of occupants. 3.2(129) sign, Temporary: A sign allowed for a period of ninety (90) days or less. 3.2(130) 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 no floor above, the space between the floor and the ceiling next above. An exposed basement shall be counted as a full story, and a cellar basement shall not be counted as a story. 3.2(131) Street: A public right-of-way which affords a primary means of access to abutting property. 3.2(132) Street, Collector: A street which serves or is designed to serve as a traf f icway for a neighborhood or as a feeder to a major street. 3.2(133) Street, dead-End or Cul-de-sac: A street with only one vehicular traffic outlet. 3.2(134) Street, Half: A street designed to provide access only to one side of the right-of-way. 3.2(135) Street, Maior or Thoroughfare: A street which serves or is designed to serve heavy flows of traffic and which is used primarily as a route for traffic between communities and/or other heavy traffic generating areas. 3.2(136) Street, Minor: A street intended to serve primarily as an access to abutting properties. 3.2(137) Street, Private: A street which is not dedicated to the community for public use. 3.2(138) Street, Service: A marginal access street which is generally parallel and adjacent to a major street. 3.2(139) Street Width: The width of the right -of -way, measured at right angles to the centerline of the street. 3.2(140) Structure: Anything constructed or erected, the use of which requires location on the ground, or attached to something having a location on the ground. This shall include signs and fences. (401) 16 3.2(141) Structure, Non-Conforming: A structure which is legally existing upon the effective date of this ordinance, which would not conform to the applicable regulations if. the structure were to be erected under the provisions of this Ordinance. 3.2(142) Structural, Alteration: A change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations. 3.2(143) Theater: A structure within which motion pictures or dramatic performances are offered as entertainment for the general public. For the purpose of applying parking and signage standards, a structure containing multiple motion picture screens shall be considered a single theater. 3.2(144) Travel Trailer: Any trailer which is not used as a residence but is used for temporary living quarters for recreational activities and is towed on public roads in connection with such use. 3.2(145) Truck Stop: - A motor fuel station devoted primarily to the need of over-the-road tractor trailer units and trucks and which shall include eating or sleeping facilities and located abutting to the right-of-way of a controlled or limited access divided highway, expressway, freeway, or interstate highway of four (4) or more lanes and on a major City thoroughfare. 3.2(146) Use: The purpose of activity for which the land or building thereon is designated, arranged, or intended, or for which it is occupied or maintained and shall include any manner of performance of such activity with respect to the performance standards of this ordinance. 3.2(147) Use, Accessory: A use or structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. 3.2(148) Use, Conditional: Either a public or private use which because of its unique characteristics, cannot be properly classified as a permitted use in any particular district or districts. 3.2(149) Use, Non-conforming: Use of land or structures legally existing upon the effective date of this ordinance which would not conform to the regulations if the use were to be established under the provisions of this ordinance. 3.2(150) veterinary: Those uses concerned with the diagnosis, Utreatment, and medical care of animals, including animal or pet hospitals. (401) 17 3.2(151) Warehousing: within an en, 3.2(152) Wholesaling: materials by to the final The storage of materials or equipment --losed building. The selling of goods, equipment and bulk to another business that in turn sells customer. 3.2(153) Yard: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Ordinance. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. 3.2(154) Yard, Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. 3.2(155) Yard, Rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. 3.2(156) Yard, Side: A yard extending along the side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. 3.2(157) Zoning Administrator: That person designated by the City Administrator as being responsible for the administration of this Ordinance. 3.2(158) Zonincr District: An area or areas within the limits of the City for which the regulations and requirements governing use, lot and size of buildings and premises are uniform. (401) 18 SECTION 4. GENERAL PROVISIONS 4.1 APPLICATION OF THIS ORDINANCE 4.1(1) In their interpretation and application, the provisions of this ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 4.1(2) Where the conditions imposed by any provision of this Ordinance are either more restrictive or less restrictive than comparable conditions imposed by any other law, ordinance, statute, resolution, or regulation of any kind, the regulations which are more restrictive, or which impose higher standards or requirements shall prevail. 4.1(3) No structure shall be erected, converted, enlarged, reconstructed, or altered, and no structure or land shall be used for any purpose nor in any manner which is not in conformity with the provisions of this Ordinance. 4.2 SEPARABILITY It is hereby declared to be the intention of the City Council that the several provisions of this Ordinance are separable in accordance with the following: 4.2(1) If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment. 4.2(2) If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building or other structure, such judgment shall not affect the application of said provision to any other property, building, or structure not specifically included in said judgment. 4.3 - NON-CONFORMING USES AND STRUCTURES 4.3(1) Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in a manner of operation existing. upon such date except as hereinafter specified. 4.3(2) Nothing in this Ordinance shall prevent the placing of a structure in safe condition when said structure is declared unsafe by the Code Enforcement Officer. (401) 19 4.3(3) When any lawful non - conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non- conforming use. 4.3(4) Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot or act of God, it may be reconstructed and used as before if it is reconstructed within twelve (12) months after such calamity, unless the damage to the building or structure is fifty percent (500) or more of its assessor's full and true valuation in which case the reconstruction shall be for a use in accordance with the provisions of this ordinance. 4.3(5) Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six (6) months, any future use of said structure or land shall be in conformity with the provisions of this ordinance. 4.3(6) Any lawful non-conforming use of land not involving a structure, and any lawful non-conforming use involving a structure with an assessor's full and true valuation upon the effective date of this Ordinance of One Thousand Dollars ($1,000) or less, may be continued for a period of thirty-six (36) months after the effective date of this Ordinance, whereupon such non-conforming use shall cease. The above regulation shall apply to signs and billboards which, if not brought into conformance, shall be removed from the site. 4.3(7) Any structure which will, under this ordinance, become non-conforming but for which a building permit has been lawfully granted prior to the effective date of this Ordinance or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months of the effective date of this Ordinance or amendment thereof and continues to completion within two (2) years. Such structure shall thereafter be a legally existing non- conforming structure. 4.3(8) A lawful non-conforming use of a structure or parcel of land may be changed to a similar non-conforming use or to a more restrictive non-conforming use. Once a structure or parcel of land has been placed in a more restrictive non-conforming use, it shall not return to a less restrictive non-conforming use. 4.13(9) Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use. (401) 20 4.3(10) Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building. 4.4 LOT PROVISIONS 4.4(1) A lot of record existing upon•the effective date of this Ordinance in an 11R11 District, which does not meet the requirements of this Ordinance as to area or width may be utilized for single family detached dwelling purposes provided the measurements of such area or width are within seventy percent (70%) of the requirements of this Ordinance, but said lot of record shall not be more intensively developed unless combined with one (1) or more abutting lots or portions thereof so as to,create a lot meeting the requirements of this Ordinance. 4.4(2) Except in the case of Planned Unit Developments and apartment estates as provided for hereinafter, not more than one principal building shall be located on a zoning lot. 4.4(3) On a through lot, both street lines shall be front lot lines for applying the yard and parking regulations of this Ordinance. 4.5 ACCESSORY STRUCTURES 4.5(1) No accessory building or structure, including parking area, shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. 4.5(2) No accessory building shall exceed the height of the principal building. However in no case shall such accessory building exceed fifteen (15) feet in height, in the "R11 Districts. 4.5(3) In all 11R11 Districts no accessory building shall exceed one thousand (1,000) square feet. 4.5(4) No detached garage or other accessory building shall be located nearer the front lot line than the principal building on that lot. 4.5(5) All accessory buildings greater than 144 square feet on through lots located in 11R11 Districts shall require a conditional use permit. 4.5(6) No cellar, no basement, no tent, no tent trailer, or accessory building shall at any time be used as an occupied dwelling primarily for human habitation. (401) 21 4.5(7) No accessory building or structure shall be erected, altered, or moved within five (5) feet of the principal building. 4.5(8) In all "R11 districts, the floor of a garage shall be at least one and one-half (1 1/2) feet above the street grade at the curb unless a deviation is granted by the Public Works Director upon determination that a lower -elevation is appropriate. 4.6 REQUIRED YARDS AND OPEN SPACE 4.6(1) No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this ordinance, and if the existing yard or other open space as existing is less than the minimum required, it shall not be further reduced. 4.6(2) No required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, other open spaces, or minimum lot area requirements for any other building. 4.6(3) The following shall not be considered to be encroachments on yard and setback requirements: 4.6(3)a Belt Course, leaders, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters and the like, provided they do not extend more than one and one- half (1 1/2) feet into a yard. 4.6(3)b Yard lights and nameplate signs for one and two family dwellings in the R-1, R-1A and R-2 Districts may be located to within five (5) feet of the front lot line. 4.6(3)c Terraces, steps, uncovered porches, stoops or similar structures, which do not extend above the height of the ground floor level of the principal building and do not extend closer than two (2) feet from any lot line. 4.6(3)d Accessory structures, except that no accessory structure shall be closer than five (5) feet from any side or rear lot line, or within any front yard. 4.6 (3) e In side or rear yards only: bays or building extensions are not to exceed a depth of two (2) feet nor to contain an area of more than twenty (20) square feet and walls not to exceed a height of six (6) feet above grade and off-street parking. 4.6(3)f Rear yard only: balconies, breezeways, detached outdoor picnic shelters and recreational equipment, except as regulated hereinafter. (401) 22 4.6(3)g Lights for illuminating parking areas, loading areas for yards for safety and security purposes. 4.6(4) Front Yard Requirements. 4.6(4)a Each lot shall have a front yard of not less than thirty (30) feet in depth facing any street or road. 4.6(4)b Whenever buildings have been built on one side of the street between two intersections, no building shall hereafter be erected to extend so as to project beyond a line drawn between the forward most portion of the nearest building on each side. 4.6(4)c In the case of a building to be erected or extended on a corner lot, the minimum front yard depth shall be increased by an amount not less than one-half the depth in excess of thirty (30) feet of the front yard of the nearest building. 4.6(4)d Subparagraph 4.6(4)b and 4.6(4)c above shall not be applied so as to require a front yard in excess of one- third (1/3) of the average depth of the lot. 4.7 TRAFFIC VISIBILITY No fences, structures, man-made berms, or plantings shall be permitted to exceed thirty-six (36) inches in height above the center grade of the intersection, within any front or side yard area on a corner lot which may interfere with the visibility across the corner. 4.8 FENCING 4.8(1) Fences in all districts. 4.8(1)a That side of the fence considered to be the face (the side opposite the post) shall face abutting property. 4.8(1)b All fences shall be located entirely upon the private property of the persons, firms or corporations constructing or causing the construction of such fence unless the owner of the property adjoining agrees in writing that such fence may be erected on the division line of the respective properties. 4.8(1)c Every fence shall be constructed in a substantial, - workmanlike manner and of substantial material reasonably suited for the purpose for which the fence is (401) 23 proposed to be used. Every fence shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair or danger, or constitute a nuisance, public or private. Any such fence which is, or has become dangerous to the public safety, health or welfare is a public nuisance and the Code Enforcement Officer shall commence proper proceedings for the abatement thereof. 4.8(1)d All fences located in front yards shall be constructed in such a manner that thirty percent (30)0 of the plane between the ground and the top of the fence is open. 4.8(1)e No fence shall be installed in a location which would prevent a fire hydrant from being -Immediately discernible or in any manner deter or hinder the Fire Department from gaining immediate access thereto. 4.8(1)f An application for fence permit, accompanied by a site plan and application fee in the amount of Ten Dollars ($10.00) shall be submitted and approved prior to installation of any fence six (6) feet or less in height. Compliance with the provisions of the Uniform Building Code and other sections of this Ordinance shall be required for fences in excess of six (6) feet. 4.8(1)g Fence height shall be measured at a point six inches (611) below the top of the supporting posts or the top of the material between the supporting posts, whichever is higher. 4.8(2) Residential Fences 4.8(2)a Fences may be installed to a height not exceeding thirty six (36) inches extending across front yards or along that portion of the side lot line equal to the required front yard setback. 4.8(2)b Fences up to and including six (6) feet in height may be erected on interior lot lines behind the - :.front yard setback line and on rear lot lines. 4.8(2)c Should the rear lot line be common with the side lot line of an abutting lot, that portion of the rear lot line equal to the required front yard setback of the abutting lot may be fenced to a height of more than thirty-six (36) inches. 4.8(2)d Chain link fences used for the enclosure of tennis courts shall not exceed ten (10) feet in height and shall not be located within the required front yard. 4.8(2)e Chain link fences shall be constructed in such a manner that no barbed ends shall be at the top. (401)24 4.8(3) Business and Industrial Fences 4.8 (3) a Fences may be located on a lot line to a height of six (6) feet. 4.8(3)b Fences over six (6) feet in height and with a security arm for barbed wire shall require a conditional use permit. 4.9 ESSENTIAL SERVICES 4.9(1) Permitted essential services shall be a permitted use as authorized and regulated by state law and ordinances of the City of Mendota Heights in all zoning districts provided they do not fall within Section 4.9(2). 4.9(2) Essential Services requiring conditional Use Permit The following essential services, and those deemed similar by the City Council, shall require a conditional use permit within any zoning district. Prior to granting such permit it shall be found that the architectural design of service structure or building is compatible to the neighborhood in which it is to be located. 4.9(2)a Those listed as a conditional use within the zoning district in which they are to be located. 4.9(2)b Those in which seventy-five (75) percent of the services provided , or produced are. not - provided for, . used, consumed or required within the City of Mendota Heights. 4.9(2)c Those higher than the maximum height as set forth in the zoning district in which it is to be located when increased by fifty (50) percent. 4.9(2)d Those in which the architectural design and/or use would not normally be compatible to the neighborhood and/or zoning district in which it is to be located. 4.10 ANNEXED TERRITORY Annexed territory shall be placed in the IIR-111 zoning district until such time as a detailed study determining its proper use district is undertaken. (401) 25 4.11 FARMING OPERATIONS All farms currently in existence will be permitted to continue operation after the abolition of the Farm Residence District within the City, subject to the following conditions: 4.11(1) Agriculture, excepting commercial animal farms, fur farms, kennels and poultry farms, but including truck gardening and other horticultural uses, is a permitted use in the district in which an existing operation is located, provided that any new private stable or other new building in which farm animals are kept shall be a distance of one hundred (100) feet or more from any other lot in an IIRII District. 4.11(2) Limited sales of products produced may be conducted on the premises from a roadside stand but such stand shall not exceed one (1) story in height or five hundred (500) square feet in floor area, and no portion of any such stand shall be located or erected nearer than fifty (50) feet from any street line. 4.12 LAND RECLAMATION Under this Ordinance land reclamation is the reclaiming of land by depositing of material so as to elevate the grade. Land reclamation shall be permitted only by a conditional use permit in all districts. Any lot or parcel upon which four hundred (400) cubic yards of more of fill is to be deposited shall be land reclamation. The permit shall include as a condition thereof a finished grade plan which will not adversely affect the adjacent land, and as a condition thereof shall regulate the type of fill permitted, program for rodent control, plan for fire control and general maintenance of the site, controls of vehicular ingress and egress, and for control of material dispersed from wind or hauling of material to or from the site. 4.13 MINING In all districts the conduct of mining shall be permitted only upon issuance of a conditional use permit. Such permit shall include, as a condition thereof, a plan for a finished grade which will not adversely affect the surrounding land or the development of the site on which the mining is being conducted, and the route of trucks moving to and from the sites. (401) 26 4.14 SOIL PROCESSING The operation of processing of sand, gravel, or other material mined from the land shall be permitted only by conditional use permit and only in the "I" District. Such conditional use permit shall include a site plan where the processing is to be done, showing the location of the plant, disposal of water, route of trucks moving to and from the site in removing processed material from the site, and in the "I" District such permit shall not be granted for a period of longer than twelve (12) months. 4.15 FLOODWAY AND FLOODPLAIN DISTRICTS The regulations in these Districts are in addition to rather than in lieu of regulations imposed by any other zoning classification for land designated. 4.15(1) Floodway District Regulations 4.15(1)a Permitted Uses: All buildings, structures construction grading and deposits that are essential to the operation of the community such as bridges, sewer outfalls, power and - telephone line supports, and other service structures. 4.15(1)b Non-damageable or low damage potential types of uses, such as agriculture, parking lots, park, recreation areas and docking facilities. Provided however, that no building, structure or improvements shall be erected and no filling or grading undertaken unless they are designed and constructed so as not to constitute an obstruction to flood flow and until plans for such work, approved in writing by the City Engineer, have been filed with the City Council and a building permit issued. 4.15(2) Floodplain District Regulations Permitted Uses: All buildings, structures, construction, grading and deposits that are permitted under the primary zoning classification. Provided that: No residence shall be constructed unless the ground upon which such residence is to be erected and 20 feet beyond the limits of such residence and the entire access drive to the public street shall, prior to or at the time of such construction, be raised to an elevation not less than one foot above the design flood elevation as shown on the zoning maps and the first floor of such residence (401) 27 shall not be less than three (3) feet above the design flood elevation. No basement floor shall be constructed to an elevation lower than the design flood elevation unless such basement has been designed to withstand pressure from water at the design flood elevation and certified by a registered professional engineer with such condition being made a part of the building permit. No street grades shall be placed at a lower elevation than the design flood elevation. Filling or excavating in the bed of a lake or stream below high water mark or pumping water into or out of waterbodies may be permitted subject to the-approval of the City Council and subject to a permit previously obtained from the Commissioner of Conservation as required by Minnesota Statute. Construction of streets, residences and other buildings at elevations below design flood elevations may be permitted if adequate flood protection is provided. Any flood protective works must be approved in writing by the City Council prior to the granting of building permits. 4.15(3) Issuance of Building Permit Before a building permit shall be issued for a building, structure, construction grading or deposit in a floodway or floodplain, the applicant must provide an executed application form for building permits; all plans, exhibits and certification required by the Ordinance; and the written approval of other governmental agencies as required by the Ordinance. 4.16 DEVELOPMENT WITHOUT PUBLIC SANITARY SEWER AND WATER 4.16(1) It is the policy of the City that there be no future development in the City that is not served by the City's municipal sanitary sewer and water distribution systems. However, the Code Enforcement Officer may grant special or temporary permission for a private sanitary sewer system and/or private water system if the property is not served by the City's municipal sanitary sewer system and/or water distribution system and if the Public Works Director is satisfied that the proposed private system or systems will prevent pollution to existing groundwater resources, will not result in a hazard to health, and that the design and location of the proposed system will not adversely affect the health, safety and general welfare of the residents of the City and adjacent communities. (401) 28 4.16(2) Plans for and installation of private on-site sanitary sewer systems shall be in compliance with the provisions of 6MCAR Sec. 4.8040, Minnesota Pollution Control Agency Standards for Individual Sewage Treatment Systems (WPC- 40) . 4.17 GENERAL REQUIREMENTS FOR ALL "BIN AND "I" ZONING DISTRICTS 4.17(1) All applications for building permits shall be submitted for City Council approval and shall comply with the provisions of Section 19.4 of this ordinance. 4.17(1)a Where building permit applications for interior work on existing structures located in the "B" and "I" Zoning Districts are applied for, the Code Enforcement Officer - shall issue building permits upon compliance with local codes and ordinances. 4017(2) on a corner lot each side abutting a public street shall be treated as a front yard. 4.17(3) Building Design and Construction In addition to meeting the other requirements of this Ordinance and the requirements of the City Building Code as to structures, buildings or structures in this district shall meet the following standards: 4.17(3)a Buildings shall be finished on all sides with permanent finished materials of a quality consistent with the standards set in the district in which it is located. Exterior wall surfaces shall be any one or more of the following: 1. Face brick or natural stone. 2. Professionally designed pre-cast concrete units if the surfaces have been integrally treated with an applied decorative material or texture, or decorative block if incorporated in a building design which is compatible with other development throughout the district. 3. Factory fabricated and finished metal framed modular panel construction, if the panel materials are any of those listed in 1 or 2 above, glass, pref inished metal (other than unpainted galvanized iron) or plastic used in accordance with the building code requirements. 4. No building exterior shall be constructed of sheet aluminum, asbestos, iron, steel, or corrugated aluminum. (401) 29 4.17 (3) b Subsequent additions and other buildings or structures constructed after the erection of original building or structure shall be constructed of materials comparable in quality and appearance to those used in the original construction and shall be designed in a manner conforming with the original architectural design and general appearance. 4.17(3)c All trash and trash handling equipment shall be stored within the principal structure or within an attached structure accessible from within the principal structure. 4.17(3)d Design and maintenance of off-street parking.,and loading areas shall be in accordance with Section 21 of this Ordinance. 4.17(3)e Garages, accessory structures, screen walls, and exposed areas of retaining walls shall be of a similar type, quality and appearance as the principal structure. 4.17(3)f All ground level and rooftop mechanical utilities shall be completely screened with one or more of the materials used in the construction of the principal structure. Where practicable, rooftop screening shall be accomplished through the use of parapet walls. 4.17(3)g There shall be no outdoor storage of either materials or products, except through the issuance of a conditional use permit. 4.17(3)h All structures shall be compatible with other structures in the area. 4.17(3)i The light from automobile headlights and other sources shall be screened whenever it may be directed onto adjacent residential windows. 4.17(4) Landscape Plan Requirement Landscape plans prepared by a registered landscape architect shall be submitted as part of the application for building permit or site plan approval. Landscape plans shall be drawn to a scale of not less than one inch equals 50 feet and shall include the following information: 4.17(4)a Boundary lines of the property with accurate dimensions; 4.17(4)b Location * s of existing and proposed buildings, parking lots, roads and other improvements; (401) 30 4. 17 (4) c Location, approximate size and common name of existing trees and shrubs; 4.17(4)d Planting schedule containing symbols, quantities, common and botanical names, size of plant materials and root condition. 4.17(4)e Planting details illustrating proposed locations of all new plant material; 4.17(4)f Details of restoration of disturbed area including areas to be sodded or seeded; 4.17(4)g Locations and details of other landscape features including berms, fences and planter boxes; 4.17(4)h Location and details of irrigation systems; and details and cross sections of all required screening. 4.17(5) minimum Landscaping Requirements 4.17(5)a At least 25% of the land area shall be landscaped with grass, approved ground cover, shrubbery and trees. 4.17(5)b At least five per cent (5%) of the land area within a parking area shall be landscaped. 4.17(5)c The following minimum sizes shall be required at the time of planting: Overstory Deciduous Trees 2 1/2 inches in diameter Ornamental Trees 1 1/2 inches in diameter Coniferous Trees 6 feet tall Major Shrub Plantings 5 gallons 4.17(5)d A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the site plan. 4.17(5)e All new overstory trees shall be balled and burlapped or moved from the growing site by tree spade. 4.17(5)f All site areas not covered by buildings, ings, sidewalks, parking lots, driveways, patios or similar hard surface materials shall be sodded, except those areas to be preserved in a natural state, provided, however, that areas reserved for future building expansions may be seeded. 4.17(5)g Not more than 50 percent of the required number of trees shall be composed of one species. No required tree shall be any of the following: (401) 31 1. A species of the genus Ulmus (except those elms bred to be immune to Dutch Elm disease; 2. Box elder; 3. A species of the genus Populous (poplar) 4. Female ginko 4.17(5)h In order to provide for adequate - maintenance of landscaped areas, an underground sprinkler system shall be provided as part of each new development except additions to existing structures which do not at least equal the floor area of the existing structure. A sprinkler system shall be provided for all landscaped areas except areas to be preserved in the natural state. 4.17(6) 4.17(7) (401) 32 Maintenance of Landscaping The owner, tenant and their respective agents shall be jointly and severally responsible for the maintenance of all landscaping in a condition presenting a healthy, neat and orderly appearance and free from refuse and debris. Plants and ground cover which are required by an approved site or landscape plan and which have died shall be replaced as soon as seasonal or weather conditions allow. Landscaping Bond Requirement When screening, landscaping or similar improvements to property are required by this ordinance, a performance bond shall be supplied by the owner in an amount equal to at least one and one -half tim=s thiz v;41mm of -,lir-h screening, landscap bond, with security conditioned upon rej by the City for er connection with maki The bond shall be p3 building permit and equal to one full installation of the letter of credit, ca bond in an amount az may determine to construction of the time prescribed by its option, complete the owner and the su .ng, or other improvements. The satisfactory to the City, shall be mbursement of all expenses incurred gineering, legal or other fees in ng or completing such improvements. ovided prior to the issuance of any shall be valid for a period of time growing season after the date of landscaping. The City may accept a 5h escrow or equivalent in lieu of a d under such conditions as the City be appropriate. In the event project is not completed within the :he City Council, the City may, at the work required at the expense of -etv. The City may allow an extended period of time for completion of all landscaping if the delay is due to conditions which are reasonably beyond the control of the developer. Extensions which may not exceed nine months, may be granted due to seasonal or weather conditions. When an extension is granted, the City shall require such additional security as it deems appropriate. 4.17(8) Screening and Bufferin 4.17(8)a Principal buildings and structures and any building or structure accessory thereto shall be buffered from lots used for any residential purpose. 4.17(8)b Off-street parking facilities containing six or more spaces shall be buffered from streets located within 50 feet, and from lots which are used for -any residential purpose. 4.17(8)c Outside storage which is allowed by other provisions of this ordinance shall be screened from all public views. 4.17(8)d External loading and service areas must. be completely screened from the ground level view from contiguous properties and adjacent streets, except at access points. 4.17(8)e Required screening or buffering may be achieved with fences, walls, earth berms, hedges or other landscape materials. The screen shall provide a minimum opacity of 90% during all seasons. All walls and fences shall be architecturally harmonious with the principal building. Earth berms shall not exceed a slope of 3:1. 4.18 MINIMUM REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL DISTRICTS 4.18(1) All single family dwellings, with the exception of earth-sheltered homes, shall have a minimum of one thousand (1,000) square feet of useable floor area above grade. 4.18(2) The minimum dimension of any single family dwelling shall be twenty-two (22) feet exclusive of porches and other appurtenances. The longest dimension shall not exceed three times the shortest dimension. 4.18(3) All single family dwellings shall have a basement or an exposed basement under at least fifty percent (50%) of the first floor level. (401) 33 4.18(4) A private two-car garage with a minimum floor area of four hundred forty (440) square feet shall be required to be built concurrent with the principal structure. 4.18(5) All driveways, required off street parking spaces, and other areas intended to be utilized primarily for parking purposes shall be surfaced with concrete or bituminous surfaces. * Driveways shall be a minimum of five feet from side lot lines, and shall be no greater than twenty-five (25) feet wide at the property line. 4.18(6) All waste material, debris, refuse, garbage, fuel including woodpiles of one cord or larger (four feet by four feet by eight feet), or materials not currently in use for construction shall be stored in-doors, or totally screened from the eye-level view from public streets and adjacent properties. 4.18(7) With the exception of earth-sheltered homes or two-story homes, all residential structures shall have a pitched roof of at least three in twelve. 4.18(8) Permits shall be required for all driveways. All curb cuts for driveways in connection with single family dwellings shall conform in all respects with this Ordinance and the specifications set forth on City of Mendota Heights Driveway Detail Sheets. A plan showing proposed curb cuts and driveway location and design shall be submitted for all new or reconstructed driveways. 4.18(9) All driveways constructed to serve single family dwellings on corner lots shall be set back a minimum of 30 feet from the property lines adjacent to the street corner. 4.19 BUILDING PERMIT REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL DISTRICTS 4.19(1) All single family dwellings shall meet the requirements of the current edition of the Uniform Building Code and/or M.S. Chapter 327. 4.19(2) Applications for building permits for single family residences shall be accompanied by site grading plans showing contours, curb cuts, and driveway location and design. Where minor additions are proposed for single family dwellings, the requirement for grading plan may be waived by the Code Enforcement Officer. (401) 34 SECTION S. ADMINISTRATION AND ENFORCEMENT 5.1 ADMINISTRATION AND ENFORCEMENT This Ordinance shall be administered and enforced by the City Council and the Zoning Administrator. 5.2 DUTIES OF THE ZONING ADMINISTRATOR The Zoning Administrator shall enforce this Ordinance and in addition thereto and in furtherance of said authority he shall require that: 5.2(1) All building permits are reviewed, by the Code Enforcement Officer to determine compliance with the terms of this Ordinance. 5.2(2) Inspections of buildings and use of land are conducted by the Code Enforcement Officer to determine compliance with the terms of this Ordinance. 5.2(3) Permanent and current records of this Ordinance are maintained, including but not limited to, all maps, amendments, and conditional uses, variances, appeals and applications therefor. 5.2(4) All applications for appeals, variances, conditional uses, or other matters are received, filed and forwarded to the designated City officials. 5.2(5) The City Attorney shall institute in the name of the City of Mendota Heights appropriate actions or proceedings against a violator as provided by law. 5.3 APPEALS 5.3(1) The Planning Commission is designated as the Board of Zoning Appeals and shall determine, in harmony with the general purpose of this Ordinance and the Comprehensive Plan, by resolution, all appeals from any order, requirement, permit or decision made by the Zoning Administrator under this Ordinance; and from any interpretation of the text of this Ordinance, or any determination by the Zoning Administrator as to the location of the boundary of a zoning district as shown on the Zoning Map. (401) 35 5.3(2) At any time within ninety (90) days after the decision of the Zoning Administrator under the provisions of this Ordinance, except in connection with prosecutions for violations thereof, the applicant or other person or officers of the City affected thereby may appeal to the Planning Commission by filing a written notice stating the action appealed from and stating the specific grounds upon which the appeal is made. 5.3(3) The Planning Commission, as the Board of Zoning Appeals, may conduct such hearings as it may deem advisable and shall prescribe what notice, if any, shall be given of such hearing. 5.3(4) The Council may review and revise any decision of the Board of Zoning Appeals. In reviewing such -- decisions, the Council shall set a date for hearing thereon, not earlier than seven (7) days after nor more than thirty (30) days after the decision is made by the Board of Zoning Appeals. 5.3(5) Notice of the hearing before the Council shall be mailed to all appellants. In all cases involving determination of district boundary lines, or interpretation of the text of the Ordinance, ten (10) days published notice of hearing in the official newspaper shall be given. 5.4 CERTIFICATE OF OCCUPANCY 5.4(1) Certificates of occupancy shall be required for occupancy and use of any buildings hereinafter erected or structurally altered; for new occupancy and use of an existing building when the new use is of a different zoning classification; for occupancy and use of vacant land, new use of vacant land when new use is of a different zoning classification, and for any change in the use of a non-conforming use. 5.4(2) It shall constitute a violation of this Ordinance for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in this section without having first obtained an occupancy certificate. Any certificate issued upon a false statement of fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Zoning Administrator, he shall forthwith revoke the occupancy certificate, by notice in writing to the holder. Any person who shall proceed thereafter with such work or use without having obtained a new certificate shall be deemed guilty of violation of this Ordinance. (401) 36 5.4(3) Application for Certificate of occupancy. Every application for a building permit shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a use of land where no building permit is required shall be made directly to the Zoning Administrator. 5.4(4) Issuance of Certificate of occupancy. The above certificate of occupancy shall be issued within three (3) days after- construction has been completed and the premises inspected and certified to be in conformance with the provisions of this Ordinance. Where vacant land or change in the use of an existing building, or for change in a non-conforming use is involved, the certificate of occupancy shall be issued as soon as the Code Enforcement Officer has examined the premises and determined that the requirements of this Ordinance have been met. 5.4(5) Certificates of Occupancy Shall Be Required for Non- Conforming Uses. Application for such certificate of occupancy for all lawful non-conforming uses or buildings created by the adoption of this Ordinance shall be filed with the Zoning Administrator by the owner to issue a certificate of occupancy for a lawful non-conforming use. Failure to apply for such certificate of occupancy, or refusal of the Zoning Administrator to issue the certificate of occupancy shall be prima facie evidence that such non-conforming use was either illegal or did not lawfully exist at the effective date of this Ordinance. 5.5 VARIANCES 5.5(1) Purpose. The Council may grant variances from the strict application of the provisions of this Ordinance and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or undue hardships in the way of carrying out the strict letter of the regulations of this Ordinance. "Undue hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by this Ordinance and the hardship is due to circumstances unique to the property, not created by the landowner, and the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations shall not constitute an undue hardship if reasonable use for the property exists under this Ordinance. (401) 37 5.5(2) applications. An application for a variance shall be filed with the City Clerk and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. The applicant shall submit one signed copy of the application and the following supporting documents: 5.5(2)a Sketch plan showing all pertinent dimensions, and including the location of any easements, having an influence upon the variance request. 5.5(2)b Written consent and waiver of public hearing, in a form prescribed by the City, by the owners of property within 100 feet of the boundaries of the property for which the variance is requested, accompanied by a map- indicating the location of the property in question and the location of the property owners who have given consent, or, lacking such consent, a list of names and addresses of the owners of property within 100 feet of the boundaries of the property for which the variance is requested. 5.5(2)c If topography or extreme grade is the basis on which the request is made, all topographic contours shall be submitted. 5.5(2)d If the application involves a cutting of a curb for a driveway or grading a driveway, the applicant shall have his plan approved by the City's Public Works Director. 5.5(3) Referral to the Planning Commission. Before authorization of any variances, the request therefor shall be referred to the Planning Commission for study concerning the effect of the proposed variance upon the Comprehensive Plan and on the character and development of the neighborhood, and for its recommendation to the Council for the granting of such variance from the strict application of the provisions of the ordinance so as to relieve such difficulties or hardships to the degree considered reasonable without impairing the intent and purpose of this ordinance and the Comprehensive Plan. The Planning Commission shall recommend such conditions related to the variance regarding the location, character, and other features of the proposed building structure, or use as it may deem advisable. (401) 38 5.5(4) Planning commission Notice and Hearing on Application for variance. The Planning Commission shall hold a public hearing on applications for variances which are not accompanied by the written consent of owners of property within 100 feet of the boundaries of the property in question, affording an opportunity for all parties interested to be heard. The City Clerk shall establish the date for the public hearing and shall give not less than ten (10) days nor more than thirty (30) days mailed notice of the time and place of such hearing to the owner or owners of the property in question and to each of the property owners within one hundred (100) feet of the outside boundaries of the property for which said variance is requested. Such notice shall contain the description of the property for which such variance is proposed and the proposed variance. Failure to mail such notice or failure of the property owners to receive said notice shall not invalidate the proceedings. 5.5(5) Issuance. In considering applications for variance under this ordinance, the Council shall consider the advice and recommendations of the Planning commission and the effect of the proposed variance upon the health, safety, and welfare of the community, existing and anticipated, traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area, and the effect of the proposed variance upon the Comprehensive Plan. If the Council shall determine by resolution that the special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property, and do not apply generally to other land or structures in the district in which said land is located, and that the granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant and that granting the proposed variance will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in the public streets, increase the danger of fire, endanger the public safety, unreasonably diminish or impair established property values in the surrounding area, or in any other way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of this ordinance and that the granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate undue hardship or difficulty, the Council may grant such variance and impose conditions and safeguards therein. 5.5(6) Denial. Variances may be denied by resolution of the Council and such resolution shall constitute a finding and determination by the City Council that the conditions required for approval do not exist. (401) 39 5.5(7) Action Without the Recommendation of the Planning Commission. If no recommendation is transmitted by the Planning commission within sixty (60) days after referral of the application for variance to the Planning Commission, the Council may take action without further awaiting such recommendation. 5.5(8) Revocation. A violation of any conditions set forth in granting a variance shall be a violation of this Ordinance and automatically terminates the variance. A variance shall become void one year after it was granted unless made use of within the year or such longer period prescribed by the council. 5.6 CONDITIONAL USES 5.6(1) Purpose. The development and execution of this Ordinance is based upon the division of the City into districts within which the regulations are specified. It is recognized, however that there are special or conditional uses which, because of their unique characteristics, cannot be properly classified in any district or districts without consideration in each case, of the impact of those uses on neighboring land or the public need for the particular location. To provide for these needs, the Council may by resolution approve a Conditional Use for those uses and purposes, and may impose conditions and safeguards in such permits to insure that the purpose and intent of this Ordinance is carried out. 5.6(2) Application for Conditional Use Permit. All applications for a conditional use permit which are initiated by the petition of the owner or owners of the property in question shall be filed with the City Clerk no later than twenty-one (21) days preceding the next regularly scheduled Planning Commission meeting. 5.6(2)a All applications for conditional use permit shall be accompanied by twenty X20) copies of a set of f plans and graphics containing the following information and folded, where necessary, to the size of eight and one- half by eleven (8 1/2 x 11) inches. 5.6(2)b Site Development Plan, which shall include: 1. Location of all buildings on the property in question including both existing and proposed structures. 2. Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in questions. 3. Floor area ratio. (401) 40 4. Location and number of existing and proposed parking spaces. 5. Vehicular circulation. 6. Architectural elevations (type and materials used of all external surface). 7. Sewer and water alignment, existing and proposed. 8. Location and candle power of all illuminaries. 9. Location of all existing easements. 5.6(2)c Dimension Plan, which shall include: 1. Lot dimensions and area. 2. Dimensions of proposed and existing structures. 3. "Typical" floor plan and "typical" room plan. 4. Setbacks on all buildings located on property in question. 5. Proposed setbacks. 5.6(2)d Grading Plan, which shall include: 1. Existing contour. 2. Proposed grading elevations. 3. Drainage configuration. 4. Storm sewer catch basins and invert elevations. 5. Spot elevations. 6. Proposed road profile. 5.6(2)e Landscape Plan, which shall include: 1. Location of all existing trees, type, diameter and which trees will be removed. 2. Location, type and diameter of all proposed plantings. 3. Location and material used of all screening devices. 5.6(3) Referral to Planning commission. The City Clerk shall refer all applications for a conditional use permit to the Planning Commission. The Council may of its motion initiate the request for a conditional use permit and refer the same to the Planning Commission. Upon receipt of the application and other requirements of the Ordinance, the City Clerk shall establish the date for a public hearing and shall be responsible for the mailing and publication of hearing notices. (401) 41 5.6(4) Planning Commission Notice and Hearing on Application for Conditional Use Permit. The Planning Commission shall hold a public hearing on such request for a conditional use permit affording an opportunity for all parties interested to be heard. The City Clerk shall give not less than ten (10) days nor more than thirty (30) days notice of the time and place of such hearing published in the designated legal newspaper for the City, and such notice shall contain a description of the property for which such conditional use permit is proposed and the proposed conditional use. At least ten (10) days before the hearing, an identical notice shall be mailed to the owner or owners of the property in question and to each of the property owners within three hundred and fifty (350) feet of the outside boundaries of the property for which said conditional use permit is requested. Failure to mail such notice or failure of the property owners to receive said notice shall not invalidate the proceedings. Within sixty (60) days after the date of reference by the Council, the Planning Commission shall make a written report to the Council stating its findings and recommendations. 5.6(5) Issuance. In considering an application for a conditional use permit under this Ordinance, the Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, and welfare of occupants or surrounding lands, existing and anticipated traffic conditions including parking facilities on adjacent streets, and the effect of the proposed use on the Comprehensive Plan. If the Council shall determine that the proposed use will not be detrimental to the health, safety or general welfare of the community, nor will cause serious traffic congestion nor hazards, nor will seriously depreciate surrounding property value, and that the same is in harmony with the general purpose and intent of this Ordinance and the Comprehensive Plan, the Council may grant such conditional use permit imposing conditions and safeguards therein. A time..�_limit may be imposed on the conditional use and, in any case the conditional use permit shall be void after a conditional use has ceased for a period of six (6) months. 5.6(5)a The City Council may, by an affirmative vote of the majority of all members thereof, approve a conditional use permit. 5.6(5)b The City Council may, by an affirmative vote of four- fifths (4/5) of all members thereof, approve a conditional use permit for Planned Unit Development. (401)42 5.6(6) Effect of Denial. Conditional uses may be denied by resolution of the City Council and such resolution shall constitute a finding and determination that the conditions required for approval do not exist. No application for a conditional use which has been denied wholly or in part shall be resubmitted for a period of six (6) months from the date of said order of denial, except on grounds of new evidence. or proof of change of conditions found to be valid by the Planning commission. 5.6(7) Acceptance of Conditional Use Permit. A conditional use permit shall take effect and be in force only upon filing with the Zoning Administrator of a written acceptance thereof by the applicant within thirty (30) days after approval by the City Council. 5.6(8) Revocation. A violation of any condition set forth in a conditional use permit shall be a violation of this Ordinance and automatically terminate the conditional use permit. 5.7 REZONING 5.7(1) The City Council may, by an affirmative vote of four - fifths (4/5) of all members thereof, approve the rezoning of property. 5.7(2) Initiation of Rezoning. Proceedings for rezoning shall be initiated by: (1) a petition of the owner or owners of the actual property, the zoning of which is proposed to be changed; (2) a recommendation of the Planning Commission; or (3) by action of the City Council. 5.7(3) Application. All applications for rezoning which are initiated by the petitions of the owners of the property shall be filed in the office of the City Clerk no later than twenty-one (21) days preceding the next regularly scheduled Planning Commission meeting, and shall be accompanied by twenty (20) copies of a set of plans and graphics containing the following information and folded, where necessary, to the size of eight and one- half by eleven (8 1/2 x 11) inches. 5.7(3)a Site Development Plan, which shall include: 1. Location of all buildings on the property in question including both existing and proposed structures. 2. Location of all adjacent buildings located within three hundred fifty (350) feet of the exterior boundaries of the property in questions. 3. Floor area ratio. 4. Location and number of existing and proposed parking spaces. (401) 43 5. vehicular circulation. 6. Architectural elevations (type and materials used of all external surface). 7. Sewer and water alignment, existing and proposed. 8. Location and candle power of all illuminaries. 9. Location of all existing easements. 5.7(3)b Dimension Plan, which shall include: 1. Lot dimensions and area. 2. Dimensions of proposed and existing structures. 3. "Typical" floor plan and "typical" room plan. 4. Setbacks on all buildings located on property in question. 5. Proposed setbacks. 5.7(3)c Grading Plan, which shall include: 1. Existing contour. 2. Proposed grading elevations. 3. Drainage configuration. 4. Storm sewer catch basins and invert elevations. 5. Spot elevations. 6. Proposed road profile. 5.7(3)d Landscape Plan, which shall include: 1. Location of all existing trees, type, diameter and which trees will be removed. 2. Location, type and diameter of all proposed plantings. 3. Location and material used of all screening devices. 5.7(4) Referral to Planning commission. The City Clerk shall refer all applications for rezoning to the Planning Commission. Upon receipt of the application and other requirements specified in Section 5.7 of this Ordinance, the City Clerk shall establish the date for a public hearing by the Planning Commission and shall be responsible for the mailing and publication of hearing notices. (401)44 5. 7 (5) Planning commission Notice and Hearing on Application for Rezoning. The Planning Commission shall hold a public hearing affording an opportunity for all parties interested to be heard. The City Clerk shall give not less than ten (10) days nor more than thirty (30) days notice of time and place of such hearing published in the designated legal newspaper for the City. Such notice shall contain a description of the property proposed to be rezoned and the proposed change in zoning. At least ten (10) days before the hearing, an identical notice shall be mailed to the owner or owners of the property in question and to each of the property owners within three hundred fifty (350) feet of the outside boundaries of the land proposed to be rezoned. Failure to mail such notice. or failure of the property owners to receive said notice shall not invalidate the proceedings. Within sixty (60) days after the date of reference by the Council, the Planning Commission shall make a written. report to the Council stating its findings and recommendations. 5.7(6) Issuance. Within thirty (30) days after receipt of the report and recommendations from the Planning commission, Council shall consider the application. At the time of consideration, Council may take final action or it may continue the discussion from time to time for further investigation. The Council may also request further information and report from the Planning Commission. The Council shall not rezone any land in any zoning district without having first referred it to the Planning Commission. Any other proposed amendment to this ordinance may be referred to the Planning Commission for its consideration and recommendations. 5.8 AMENDMENTS 5.8(1) The City Council may, by an affirmative vote of four - fifths (4/5) of all members thereof, adopt amendments to the Zoning Ordinance. 5.8(2) Initiation of Amendment. Proceedings for amendment of this Ordinance shall be initiated by either a petition of the owner or owners of property within a zoning district, by a recommendation of the Planning Commission, or by action of the City Council. 5.8(3) Application. All applications for amendment which are initiated by the owner or owners of property shall be filed in the office of the City Clerk and shall state the exceptional conditions claimed as a basis for the amendment. (401) 45 5.8(4) Referral to Planning commission. The City Clerk shall refer all applications for amendment to the Planning Commission. Upon receipt of the application and application fee, the City Clerk shall establish a date for a public hearing by the Planning Commission and shall be responsible for the publication of hearing notices. 5.8(5) Planning Commission Notice and Hearing on Application for Amendment. The Planning Commission shall hold a public hearing affording an opportunity for all parties interested to be heard. The City Clerk shall give not less than ten (10) days nor more than thirty (30) days notice of the time and place of such hearing published in the designated legal newspaper for the City. Within sixty (60) days after the date of reference by the Council, the Planning Commission shall make a written report to the Council stating its findings and recommendations. 5.8(6) Within thirty (30) days after the receipt of the report and recommendations from the Planning Commission the Council shall consider the amendment. If the Planning Commission fail's to make a report to the.Council within sixty (60) days' after the referral of the application, then the Council shall consider the amendment. Failure to receive a report from the Planning- Commission as herein provided shall not invalidate the proceedings or action of the Council. At the time of consideration, the Council may take final action upon the application or it may continue the discussion from time to time for further investigation. The Council may also request further information and report from the Planning Commission. 5.9 COMPREHENSIVE PLAN AMENDMENT The Comprehensive Plan for the City of Mendota Heights contains objectives, policies, standards and programs to guide public and private land use, --'development, redevelopment and preservation for all lands and waters within the City. The land use plan designates the existing and proposed location, intensity and extent of use of land and water for agricultural, residential, commercial, industrial and other public and private uses. 5.9(1) The City Council may, by an affirmative vote of four- fifths (4/5) of all members thereof, adopt amendments to the Comprehensive Plan. (401) 46 5.9(2) Initiation of Comprehensive Plan Amendment. Proceedings for Comprehensive Plan Amendment shall be initiated by a petition of the owner or owners of the actual property, the use of which is proposed to be changed, a recommendation of the Planning Commission, or by action of the City Council. 5.9(3) Application for Comprehensive Plan Amendment. All applications for amendment to the adopted comprehensive land use plan which are initiated by the petition of the owner or owners of the property in question shall be filed in the office of the City Clerk and shall state the exceptional conditions claimed as a basis for the amendment. 5.9(4) Sketch Plan 5.9(4)a An application for Comprehensive Plan Amendment shall be accompanied by twenty (20) copies of a sketch plan as specified in this section. 5.9(4)b A sketch plan must in * clude both maps and a written statement, and must show enough of the area surrounding the property in question to demonstrate the relationship of the proposed amendment to adjoining uses, both existing and proposed. 5.9(4)c The maps which are part of the sketch plan may be in general schematic form, and must contain the following information. 1. The existing topographic character of the land. 2. Existing and proposed land uses and the approximate location of buildings, utilities, and unique development features of the site. 3. The location of major thoroughfares. 4. Public uses, including schools, parks, playgrounds, and other open spaces. 5.9(4)d The written statement to accompany the sketch plan must contain the following information. 1. An explanation of the character of the proposed use of the property. 2. A statement of proposed financing for development of the property. 3. A statement of the present ownership of all of the property in question. (401) 47 4. A general indication of the expected schedule Of development including progressive phasing and time schedules, if applicable. 5. The character and density of dwelling units. 6. Estimated industrial acreage and projected employment. 7. Estimated square footage of commercial development. 8. Estimated amount of developed open space. 5.9(5) Referral to Planning Commission. The City Clerk shall refer all applications for amendment to the Planning Commission. The Council may by resolution initiate the request for a Comprehensive Plan Amendment and refer the same to the Planning Commission. Upon receipt of the application and application fee, the City Clerk shall establish a date for a public hearing by the Planning Commission and shall be responsible for the publication of hearing notices. 5.9(6) Planning Commission Notice and Hearing on Application for Amendment. The Planning Commission shall hold a public hearing affording an opportunity for all parties interested to be heard. The City Clerk shall give not less than ten (10) days, nor more than thirty (30) days notice of the time and place of such hearing published in the designated legal newspaper for the City. Within sixty (60) days after the date of reference by the Council, the Planning Commission shall make a written report to the Council stating its findings and recommendations. The Council may request further information and report from the Planning Commission. 5.9(7) The Council shall not amend the Comprehensive Plan without having first referred it to the Planning Commission. If the Planning Commission fails to make a report and recommendation to the Council within sixty (60) days after referral of the application, the Council may take action without further awaiting such recommendation. The Council may, by resolution adopted by an affirmative vote of four-fifths (4/5ths) of its members, adopt and amend the comprehensive plan or portion thereof so recommended. 5.9(8) Until such time as the Zoning Ordinance is amended to conform to the Comprehensive Plan, the Zoning Ordinance shall supersede the Comprehensive Plan, provided however that the Council shall take no action in amending the Zoning Ordinance in a manner inconsistent with the Comprehensive Plan. (401) 48 5.10 FEES 5.10(1) The base fees to be paid for each application shall be established by Resolution of the Council. Base fees shall be payable at the time applications are filed with the City Clerk and shall not be refundable unless said application is withdrawn prior to referral to the Planning Commission. 5.10(2) Escrow deposits, in amounts established by Resolution of the City Council, will be required to be submitted with planning applications to defray anticipated city expenses incurred in connection with the application. Any expenses incurred by the City in excess of the escrow shall be billed to the applicant after all City costs have been determined. Failure of the applicant to reimburse billed expenses within thirty (30) days may be cause for revocation of approval action taken by the City Council. Any unused escrow deposit amount shall be returned to the applicant. 5.11 VIOLATIONS AND PENALTIES 5.11(1) The City Code Enforcement Officer is hereby authorized to issue citations for violations of or refusal to comply with the provisions of the Zoning Ordinance. 5.11(2) Any person, firm, corporation or voluntary association which violates or refuses to comply with any of the provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof be subject to a fine of not more than Seven Hundred Dollars ($700.00) for every offense or to imprisonment not exceeding ninety (90) days. Each day that a violation is permitted to exist may constitute a separate offense. (401)49 SECTION 6. ZONING DISTRICTS AND MAP 6.1 6.2 (401) 50 1!2Cji4;3!!Pq0 For the purposes of this Ordinance, the City of Mendota Heights is, hereby divided into the following Use Districts and groups of Use Districts: 11R11 Residence Districts 11R-111 One Family Residential District 11R-1A11 One Family Residential District 11R-1B11 one Family Residential District 11R-1C11 One Family Residential District 11R-211 Medium Density Residential District 11R-311 High Density Residential District "MR-PUD11 Medium Density Residential Planned Unit Development District 11HR-PUD11 High Density Residential Planned Unit Development District "B" Business Districts "B-111 Limited Business District 11B-1A11 Business Park District "B-211 Neighborhood Business District 118 -311 General Business District 118 -411 Shopping Center District 11LB-PUD11 Limited Business Planned Unit Development District", "I" Industrial Districts IIIII Industrial District All reference in this Ordinance to 11R11, "B" and "I" Districts shall refer to the Use District groups as set forth above, and reference to specific Use Districts shall be by reference to the individual districts also listed above as 11R-111, 11R-1A11 and so forth. PW The boundaries of these Districts are hereby established as shown on that certain map entitled "Zoning Map of Mendota Heights, Minnesota," which map is properly approved and filed in the Office of the City Clerk, hereinafter referred to as the "Zoning Map." Said Map and all of the notations, references and other information shown thereon shall have the same force and effect as if fully set down herein and are hereby made a part of this Ordinance by reference and incorporated herein as fully as if set forth herein at length. 6.3 BOUNDARIES 6.3(1) District boundary lines as indicated on said map follow lot lines, the centerline of streets or alleys, the centerlines of streets or alleys projected, railroad right-of-way lines, the center of water courses or the corporate limit lines, all as they exist upon "the effective date of this ordinance. If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the Zoning Map. Where a district boundary line divides a lot of record which was in single ownership at the time of enactment of this Ordinance and places portions of such lot of record in two (2) or more Use Districts, any portion of such lot within fifty (50) feet on either side of such a dividing District boundary line may be used for either Use District. However, if any portion of said lot extends beyond the fifty (50) foot limitation, the District line as shown shall prevail. 6.3(2) Whenever any street, alley or other public way is vacated by official action of the City, the zoning district abutting the centerline of said alley or public way shall not be affected by such proceeding. (401) 51 SECTION 7. ,IR -1®® ONE FAMILY RESIDENTIAL DISTRICT 7.1 PERMITTED USES Within any "R-111, One Family Residential District, no structure or land shall be used except for one (1) or more of the following uses.. i. Residential District:R-1 District Permitted Uses; 7.1(1) One family detached dwellings. 7.1(2) Public parks and playgrounds. 7.1(3) Public and parochial schools provided no building shall be located within fifty (50) feet of any lot line of an abutting lot in an "R11 Use District and that a fence be erected fifteen (15) feet or more from all street lot lines where the abutting use is for open play. 7.1(4) Municipal buildings and structures provided that no such building or structure shall be located less than fifty (50) feet from any lot line of an abutting lot in an "R11 use district. 7.1(5) Those uses as permitted and regulated in Section 4 of , this ordinance. 7.2 CONDITIONAL USES Within any "R-111, One Family Use District, no structure or land shall be used for the following uses except by conditional use permit. 7.2(1) Golf courses, country clubs, tennis clubs, public swimming pools serving more than one (1) family. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an 11R11 District, and accessory structure shall be a minimum of fifty (50) feet from any lot line. 7.2(2) Operation of through trains, but not switching, storage or any other railroad operation. 7.2(3) Essential service structures, including but not limited to, buildings such as telephone exchange stations, booster or pressure regulating stations, wells and pumping stations, elevated tanks, lift stations and electrical power sub-stations, provided no such building shall be located within fifty (50) feet from any lot line of an abutting lot in an "R11 District. Prior to granting such permit it shall be found that the architectural design of service structure is compatible to the neighborhood in which it is to be located and thus will promote the general welfare. (401) 52 7.2(4) Hospitals for human care, sanitariums, rest homes and nursing homes, provided that all structures except fences shall be located one hundred (100) feet or more from the lot line of any abutting lot in an IIRII District. 7.2(5) off-street parking when the proposed site of the off- street parking abuts on a lot which is in the "B" or "I" Districts and subject to those conditions set forth in Section 21 and such other conditions as found necessary by the Council to carry out the intent of this Ordinance. 7.2(6) Churches including those related structures located on the same site which are an integral part of the church proper, convent or homes for persons related to a religious function on the same site provided no more than ten (10) persons shall reside on the site and no building shall be located within fifty (50) feet of any lot line of an abutting lot in an IIRII District. 7.2(7) Accessory structures (other than private garages) in excess of one hundred forty-four (144) square feet in area. 7.2(8) Private nursery and/or day care schools provided: (a) that the principal structure shall be located at least fifty (50) feet from any adjacent lot in an IIRII District; (b) that the minimum lot size shall be at least one (1) acre; and (c) that said nursery and/or day care school is registered with the State of Minnesota and meets the standards for said schools specified by the State of Minnesota. , 7.2(9) Cemeteries and/or cemetery structures, provided that no buildings shall be located within fifty (50) feet of any abutting property line. 703 PERMITTED ACCESSORY USES Within the "R-111, One Family Residential District, the following uses shall be permitted accessory uses. 7.3(1) one private garage, either attached, detached, or part of the principal structure, and parking space. 7.3(2) Private swimming pool, as regulated by provisions of this and any other City ordinances, and tennis courts. 7.3(3) Home occupation as regulated by this ordinance. 7.3(4) Signs as regulated in this Ordinance. (401) 53 7.3(5) Buildings temporarily located for purposes of constructing on the premises for a period not to exceed time necessary for such constructing. 7.3(6) Gardening and other horticultural uses where no sale of products is conducted on the premises. 7.3(7) Fences as regulated in this Ordinance. 7.3(8) Decorative landscape features. 7.3(9) The keeping of pleasure animals for non-commercial purposes including horses for the use of the occupants of the premises, provided that any accessory building used for housing such animals shall be located not less than one hundred (100) feet from the nearest residence. 7.3(10) One accessory structure not exceeding one hundred forty- four (144) square feet in area. 7.4 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 7.4(1) No structure or building shall exceed two (2) stories or twenty-five (25) feet in height, whichever is lesser in height, except as provided in Section 20 of this Ordinance. 7.4(2) A side yard abutting a street shall not be less than thirty (30) feet in width. 7.4(3) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this Section and Section 23. Lot Lot Front Side Rear Height Area Width Yard Yard Yard 1 & 2 15,000 100 ft. 30 ft. 10 feet 30 ft. or stories sq. ft. on each of side or average 1/2 of lot depth the height which- of the ever is structure greater contiguous to the side- yard, which- ever is greater, to a maximum of 15 feet 7.5 (401) 54 Minimum requirements as specified in Section 4.17. SECTION S. "R-1A" ONE FAMILY RESIDENTIAL DISTRICT 8.1 PERMITTED USES Within the "R -1A ", One Family Residential District, no land or structures shall be used except for one (1) or more of the following uses. 8.1(1) Any use permitted and regulated within Section 7.1 of this ordinance shall be a permitted use. 8.2 CONDITIONAL USES Within any 11R-1A", One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit. 8.2(1) Any use permitted in Section 7.2 of this ordinance and as regulated herein shall be a use by conditional use permit. 8.3 PERMITTED ACCESSORY USES Within any "R -1A ", One Family Residential District, the following uses shall be permitted accessory uses. 8.3(1) Any use permitted in Section 7.3 and as regulated herein shall be a permitted accessory use. 8.4 LOT AREA, HEIGHT, LOT WIDTH-AND YARD REQUIREMENTS 8.4(1) No structure or building shall exceed three (3) stories or thirty-five (35) feet in height, whichever is the lesser except as provided in Section 23. 8.4(2) A side yard abutting a street shall not be less than thirty (30) feet in width. 8.4(3) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications set forth in this Section and Section 23. Height Lot Area Lot Width Front Yd. Side Yd. _Rear Yd. 3 story 40,000 150 ft. 50 ft. 20 ft. 30 ft. or 20% maximum sq. ft. 20% of average lot depth, whichever is greater 8.5 minimum Requirements as specified in Section 4.17 of this ordinance. (401) 55 SECTION 9. "R -1B,® ONE FAMILY RESIDENTIAL DISTRICT 9.1 PERMITTED USES Within the "R -1B ", One Family Residential District, no land or structures shall be used except for one (1) or more of the following uses. 9.1(1) Any use permitted and regulated within Section 7.1 of this Ordinance shall be a permitted use. 9.2 CONDITIONAL USES Within any "R -1B ", One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit. 9.2(1) Any use permitted in Section 7.2 of this Ordinance and as regulated herein shall be a use by conditional use permit. 9.3 PERMITTED ACCESSORY USES Within any "R -1B ", One Family Residential District, the following uses shall be permitted accessory uses. 9.3(1) Any use permitted in Section 7.3 and as regulated herein shall be a permitted accessory use. 9.4 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 9.4(1) No structure or building shall exceed three (3) stories or thirty-five (35) feet in height, whichever is the lesser, except as provided in Section 23. 9.4(2) A side yard abutting a street shall not be less than thirty (30) feet in width. 9.4(3) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications set forth in this Section and Section 23. Height Lot Area Lot Width Front Yd. Side Yd. Rear Yd. 3 story 30,000 125 ft. maximum square feet 9.5 (401) 56 40 ft. 15 feet or 1/2 the height of the structure contiguous to the sideyard whichever is greater 30 ft.or 20% of average lot depth whichever is greater Minimum requirements as specified in Section 4.17. SECTION 10. 11R-1C11 ONE FAMILY RESIDENTIAL DISTRICT 10.1 PERMITTED USES Within any 11R-1C11, One Family Residential District, no land or structures shall be used except for one (1) or more of the following uses. 10.1(1) Any use permitted and regulated within Section 7.1 of this Ordinance shall be a permitted use. 10.2 CONDITIONAL USES Within any 11R-1C11, One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit. 10.2(1) Any use permitted in Section 7.2 of this Ordinance and as regulated herein shall be a use by conditional use permit. 10.3 PERMITTED ACCESSORY USES Within any 11R-1C11, One Family Residential District, the following uses shall be permitted accessory uses. 10.3(1) Any use permitted in Section 7.3 and as regulated herein shall be a permitted accessory use. 10.4 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 10.4(1) No structure or building shall exceed two (2) stories or twenty-five (25) feet in height, whichever is the lesser, except as provided in Section 23. 10.4(2) A side. yard abutting a street shall not be less than thirty (30) feet in width. 10.4(3) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications set forth in this Section and Section 23. Lot Lot Front Side Rear Height Area Width Yard Yard Yard 1 and 2 20,000 100 ft. 30 ft. 10 feet. 30 ft.or story square or 1/2 the 200 of feet height of average the structure lot contiguous depth to the side- which- yard, which- ever is ever is greater greater (401) 57 SECTION 11. 11.1 11.1(1) 11.1(2) 11.1(3) "R-211 MEDIUM DENSITY RESIDENTIAL DISTRICT PERMITTED USES Within the 11R-211. Medium Density Residential District, no structure or land shall be used except for one (1) or more of the following uses. All applications for building permit within the "R-211 District, except one- family detached dwellings, shall be submitted for City Council approval prior to issuance. One family detached dwellings. Dwelling structures containing two (2) units to twenty- four (24) units. Public park and playground. 11.1(4) Public and parochial schools provided no building shall be located within fifty (50) feet of any lot line of an abutting lot in an "R11 Use District and that a fence be erected fifteen (15) feet or more from all street lot lines where the abutting use is for open play. 11.2 CONDITIONAL USES Within any "R-211, Medium Density Residential District, no structure or land shall be used for the following uses except by conditional use permit. 11.2(1) Any use permitted in Section 7.2 of this Ordinance and as regulated herein shall be a use by conditional use permit. 11.3 PERMITTED ACCESSORY USES Within any "R-211, Medium Density Residential District, the following uses shall be permitted accessory uses. 11.3(1) Any use permitted in Section 7.3 and as regulated herein shall be a permitted accessory use. 11.4 LOT AREA, HEIGHT, LOT WIDTH-AND YARD REQUIREMENTS 11.4(1) No structure or building shall exceed two (2) stories or twenty-five (25) feet , whichever is the lesser in height., except as provided in Section 23. 11.4(2) A side yard abutting a street shall not be less than thirty (30) feet in width. (401) 58 11.4(3) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this Section and Section 23. Lot Lot Area/ Lot Front Side Rear Dwelling Area Unit Width Yard Yard Yard 1 Family 15,000 sf 15,000 sf 100 ft. 30 ft. 10 ft. 30 ft.** 2 Family 20,000 sf* 10,000 sf 100 ft. 30 ft.*10 ft. 30 ft.** 3 Family 30,000 sf* 10,000 sf 150 ft. 30 ft.*15 ft. 30 ft.** *Those lots which are not served by a public sewerage system shall have a frontage of 200 feet and a minimum area of 30,000 square feet for a two family dwelling. **Or 200 of average lot depth, whichever is greater (401) 59 SECTION 12. 'OR-311 HIGH DENSITY RESIDENTIAL DISTRICT 12.1 PERMITTED USES Within the 11R-311. High Density Residential District, no structure or land shall be used except for one (1) or more of the following uses. All applications for building permit within the 11R-311 District shall be submitted for City Council approval prior to issuance. 12.1(1) Dwelling structures containing two (2) units to twenty- four units, provided no more than one hundred fifty units in a given development project or on contiguous properties are in structures which are identical or substantially similar architecturally. 12.1(2) Public park and playgrounds. 12.1(3) Public and parochial schools provided no building shall be located within fifty (50) feet of any lot line of an abutting lot in an 11R11 Use District and that a fence be erected fifteen (15) feet or more from all street lot lines where the abutting use is for open play. 12.1(4) Municipal buildings and structures provided that no such building or structure shall be located less than fifty -(50) feet from any lot line of an abutting lot in an "Rig use district. 12.1(5) Those uses as permitted and regulated in Section 4 of this Ordinance. 12.2 CONDITIONAL USES Within the 11R-311 District, no structure or land shall be used for the following uses except by conditional use permit. 12.2(1) Single family residences. 12.2(2) Dwelling structures of twenty-five units or more. 12.2(3) Private clubs and lodges which are not operated for profit. 12.2(4) Fraternity and sorority houses. 12.2(5) Private schools, universities and colleges. (401) 60 12.2 (6) Private swimming pools intended for and used solely by the occupants of the property on which it is located and their guests, provided: (a) the water surface is located not less than fifty (50) feet from any lot line; (b) that the pump and filter installed by not less than forty (40) feet from any lot line; and (c) that the pool area be so fenced as to prevent uncontrolled access from the street or from adjacent property. 12.2(7) Those uses listed and as regulated in Section 7.2. 12.3 PERMITTED ACCESSORY USES Within any "R-311, High Density Residential District, the following uses shall be permitted accessory uses. 12.3(1) Any use permitted in Section 7.3 of this ordinance and as regulated therein but subject to such further restrictions and regulations as applicable and specified herein. 12.4 LOT AND BUILDING AREA AND BUILDING HEIGHT REQUIREMENTS AND LIMITATIONS 12.4(1) No limit shall be placed on the height of buildings in the R-3 District. 12.4(2) The following minimum yard requirements shall be observed: 12.4(2)a Front yard of at least fifty (50) feet plus one (1) foot per each one (1) foot of building height over seventy- five (75) feet. 12.4(2)b Side and rear yards of at least forty (40) feet plus one-half (1/2) foot per one (1) foot of building height over seventy-five (75) feet. 12.4(2)c No principal building housing more than two (2) dwelling units shall be less than fifty (50) feet from any other such building. 12.4(2)d Minimum lot width shall be one hundred fifty (150) feet. 12.4(2)e No lot shall be developed separately if its area is less than twenty thousand (20,000) square feet. Lots not served by a public sewerage system shall have a minimum lot area of thirty thousand (30,000) square feet or ten thousand (10,000) square feet of lot area per dwelling unit, whichever is greater. (401) 61 12.4 (3) 12.4 (4) The following per unit minimum floor area requirements shall be observed: Efficiency units Not Permitted One Bedroom Units 750 square feet Two Bedroom Units 800 square feet' Three Bedroom Units 1,000 square feet The following minimum lot area per dwelling unit requirements shall be observed: 1 Bedroom 2 Bedroom 3 Bedroom 1 Story 6,310 sq.ft. 2 Story 5,500 sq.ft. 3 Story or more 5,100 sq.ft. 12.4(5) The total minimum lot area decreased by 300 square feet is provided under a multiple 12.5 OFF-STREET PARKING REQUIREME] 7,500 sq.ft. 8,290 sq.ft. 6,530 sq.ft. 7,.210 sq.ft. 6,050 sq.ft. 6,680 sq.ft. requirements herein may be for each parking space that family buildings. MS In addition to the applicable provisions of Section 21 of this Ordinance, the following minimum parking space and parking lot requirements shall apply in the R-3 District. 12.5(1) A minimum of two and one-half (2 1/2) parking spaces shall be provided for each dwelling unit, one of which shall be enclosed. Parking spaces not enclosed shall have a minimum width of nine (9) feet and twenty (20) feet in length. All enclosed parking spaces shall be designed with sufficient access area to allow temporary parking of vehicles on the access way without interfering with access to other required parking spaces. 12.5(2) Parking lots or other unenclosed parking spaces shall be at least forty (40) feet from any public street. Parking areas shall be at least ten (10) feet from any principal use building unless the parking area is enclosed as an integral part of such building. 12.5(3) The minimum width of any driveway shall be twenty-four (24) feet. The minimum distance between curbs of driveways at the right-of-way line shall be twenty (20) feet. Any aisle providing access to parallel rows of spaces shall have a minimum width of twenty-four (24) feet. 12.5(4) No driveways shall be less than fifty (50) feet from any street intersection. (401) 62 12.5(5) Minimum driveway angle from a two-way access street shall be sixty (60) degrees; from a one-way street it shall be not less than thirty (30) degrees. 12.5(6) All parking areas. and driveways shall be surfaced and curbed with either cement, bituminous surfacing or comparable material to provide a hard all-weather surface and to delineate the edges of all parking areas and drivewayg. Bumper stops of similar material shall be provided for each parking space. 12.5(7) Parking areas which serve buildings housing three (3) or more dwelling units which are contiguous to or across a street from single or two family units shall be screened with a four (4) foot wall of masonry or wood. Such wall shall be at least eighty-five (85) percent opaque. 12.6 ARCHITECTURAL CONTROLS Any buildings which will contain dwelling units for two or more families in the R-3 District shall be constructed only in conformance to building and site plans certified by a registered architect. The site plan may be prepared by a professional site planner but a registered architect must certify that he has personally reviewed the site and designed the proposed buildings in accordance with the site plan, the terrain and neighboring conditions. No building permit will be issued when these conditions are applicable until appropriate certificates and plans shall be submitted to indicate the following: 12.6(1) Complete details of the proposed site development, including location of buildings, driveways, parking spaces, dimensions of the lot, lot area and yard dimensions. 12.6(2) Complete landscaping plans including species and size of trees and shrubs proposed. A bond in an amount not to exceed one and one-half (1 1/2) times the cost of landscaping and screening shall be required to guarantee the placement thereof as set forth in said plans. 12.6(3) Complete plans for proposed sidewalks to service parking, recreation and service area within the proposed development. 12.6(4) Complete plans for storm water drainage system sufficient to drain and dispose of all surface water accumulations within the area. 12.6(5) Complete structural, electrical and mechanical plans for the proposed buildings. (401) 63 12.6(6) Complete plans and specifications for exterior wall finishes proposed for all principal and accessory structures. 12.7 STRUCTURAL, ELECTRICAL AND MECHANICAL REOUIREMENTS In addition to other applicable controls and regulations specified in this Ordinance and the building code of the City, all principal use buildings in the R-3 District shall conform to the following requirements: 12.7(1) All mechanical and electrical systems shall be designed and certified by a registered engineer. 12.7(2) Plans for any multiple family dwelling of more than two floors shall have a structural system designed and e . certified by a registered structural engineer. 12.7(3) Multiple family buildings with dwelling units on more than three (3) floors shall be of Type I or Type II construction as defined in the latest edition of the Minnesota State Building Code. 12.7(4) All multiple dwellings shall be designed and constructed with windows that are easily opened from the inside for emergency exit. 12.7(5) In new construction, no air conditioning unit shall protrude from any exterior wall unless it is designed-to appear as an integral part of such wall. 12.7(6) All living space shall be above the average grade of the structure. 12.7(7) A minimum of fifty (50) square feet of storage space shall be provided for each dwelling unit within any multiple family building, exclusive of storage space normally provided within each dwelling unit. There shall be no exterior storage of debris or garbage and no open-air laundry drying shall be permitted. 12.7(8) Storage of flammable materials shall not be allowed in any structure containing living quarters unless stored in a fireproof room or container. 12.7(9) In all buildings housing two or more dwelling units the following requirements relating to acoustical controls shall apply: 12.7(9)a All doors providing access to individual dwelling units shall be not less than one and three quarters (1 3/4) inch solid core and equipped with gaskets or closing Cr plates. (401) 64 12. 7 (9) b All plumbing serving each unit shall be separated from other units by a room, closet, corridor or sound barrier and shall be so constructed so as to have a loss in sound transmission of not less than fifty (50) decibels. 12.7(9)c Party partitions and floor systems shall be of a type sufficient to accomplish a loss in sound transmission of not less than fifty (50) decibels determined by averaging the loss of frequencies of 125, 250, 350, 500, 700, 1000, 2000, and 4000 cycles. Corridor partitions shall be capable of accomplishing a loss in sound transmission of not less than forty--!five (45) decibels similarly determined. 12.7(10) All multiple dwelling buildings shall be designed and constructed to have the equivalent of a front on each exterior surface. All accessory or ancillary buildings including garages shall be designed and constructed with facing materials of the same quality as those used in the principal use building. (401) 65 SECTION 13. PLANNED UNIT DEVELOPMENT DISTRICT 13.1 PURPOSE AND DEFINITION The purpose of the Planned Unit Development District is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate adequate and economical provision of streets and utilities; to preserve the natural and scenic qualities for open areas; to encourage a diversity of housing types within a given development and within the community as a whole; and to limit development to a scale appropriate to the existing terrain and surrounding land uses. 13.1(1) For the purposes of this Section the ten acre minimum requirement for a PUD (Section 22.1) is waived. Any developer or applicant for a rezoning to a PUD District must prepare a PUD submission regardless of the size of the parcel of land in question. 13.1(2) The Planned Unit Development District will be comprised of three types of zoning designations:• 13.1(2)a HR-PUD, High Density Residential Planned Unit Development District: This District is intended to provide the opportunity to develop a Planned Unit Development of a nature and intensity equivalent to the R-3 .-Zoning District. The permitted, conditional, and accessory uses in this District are the same as those for the R-3 District. 13.1(2)b MR-PUD, Medium Density Residential Planned Unit Development District: This District is intended to provide the opportunity to develop a Planned unit Development of a nature and intensity equivalent to the R-2 Zoning District. The permitted, conditional, and accessory uses in this District are the same as those for the R-2 District. 13.1(2)c LB-PUD, Limited Business Planned Unit Development District: This District is intended to provide the opportunity to develop a Planned unit Development of a nature and intensity equivalent to the B-1 Limited Business Zoning District. The permitted, conditional, and accessory uses in this District are the same as those for the B-1 District. 13.2 APPROVAL AND ADMINISTRATION 13.2(1) A development proposal within a Planned Unit Development District may be approved only if it satisfies all the following standards: (401) 66 13. 2 (1) a The Planned Unit Development is consistent with the Comprehensive Plan of the community. 13.2(1)b The Planned Unit Development is an effective and unified treatment of the development possibilities on the project site and the development plan provisions for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas. 13.2(1)c The Planned Unit Development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. 13.2(1)d Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the Planned Unit Development. 13.2(2) In a Planned Unit Development District the number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density control provisions of the equivalent standard Zoning District. The HP,-PUD District will use the standards of the R-3 Zoning District as a guide; the MR-PUD District will use the standards of the R-2 District as a guide. If the Planned unit Development is in more than one (1) zoning district, the number of allowable dwelling units must be calculated separately for each portion of the Planned Unit Development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire Planned. Unit Development. 13.2(3) The Planning Commission shall determine the number of dwelling units which may be constructed within the Planned Unit Development by dividing the net acreage of the project area by the required lot area per dwelling unit which is required in the equivalent zoning district for the area in which the Planned Unit Development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets, but shall include all lands to be conveyed to the City for public parks. No portion of any wetlands, to the average high water marking as indicated on the City's Wetlands Map, may be included for purposes of calculating land density. 13.2(4) The specific submission requirements and the approval process to be followed for projects applied for under this Section shall be the same as those required for a Planned Unit Development under Section 22 of this Ordinance. (401) 67 SECTION 14. "B-118 LIMITED BUSINESS DISTRICT 14.1 PERMITTED USES Within any #'B-111 I Limited Business District, no structure or land shall be used except for one (1) or more of the following uses, or uses deemed by the City Council in its discretion as substantially similar to uses listed herein. 14.1(1) municipal buildings, where the use conducted is customarily considered to be an office use. 14.1(2) Office of persons in the professions. 14.1(3) Hospitals and clinics for human care, provided that all buildings be located not less than one hundred (100) feet from the lot line of any lot in an "R11 District. 14.1(4) Offices of general nature where the operations do not include retail sales or warehousing from the site. 14.1(5) Banking and banking institutions. 14.1(6) Day Care Centers. 14.1(7) Ticket offices and travel bureaus. 14.2 CONDITIONAL USES Within any "B -110, Limited Business District, no structure or land shall be used for the following uses except by conditional use permit. 14.2(1) Nursing homes, rest homes or retirement homes, provided the site shall contain not less than six hundred (600) square feet of lot area for each person to be accommodated and that no building be located less than thirty (30) feet from the side lot line. 14.2(2) Funeral homes and mortuaries. 14.2(3) Art studio, interior decorating studio, photographic studio, music studio provided no retail sales are made of products not manufactured on the site. 14.2(4) Radio and television studios. 14.2(5) Radio and television towers. 14.2(6) Private clubs and lodges not operated for a profit. 14.2(7) Private academies, colleges and universities for teaching. (401) 68 14.2(8) Historical buildings, museums, art institutes, galleries and playhouses. 14.2(9) Accessory structures other than private garages. 14.2(10) Off - street parking when the principal site of the off - street parking abuts on a lot which is in another "B" or "I" District, and is in the same ownership as the land in the "B" or "I" District and subject to those conditions as set forth in Section 21 and such other conditions as found necessary by the Council to carry out the intent of this Ordinance. 14.2(11) Essential service structures, including but not limited to, buildings such as telephone exchange stations, booster or pressure stations, elevated tanks, lift stations and electric power sub-stations. 14.2(12) Banks and banking institutions with drive-in facilities subject to conditions in section 18.3 (Drive-In and Fast Food Restaurant) of this Ordinance. 14.2(13j Motels and hotels where the site is contiguous to a federal or state highway. 14.3 PERMITTED ACCESSORY USES Within any "B-111, Limited Business District, the following uses shall be permitted accessory uses., 14.3( 1) Private garages, off-street parking- and loading spaces as regulated in this Ordinance. 14.3(2) Signs as regulated by this Ordinance. 14.3(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. 14.3(4) Fences as regulated by this Ordinance. 14.3(5). Decorative landscape features. 14.3(6) Any incidental repair or processing necessary to conduct a permitted principal use. 14.4 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 14.4(1) No structure or building shall exceed three (3) stories or thirty -five (35) feet in height whichever is less except as provided in Section 23 of this Ordinance. (401) 69 14.4(2) The floor-area-ratio within the "B-111 Use District shall not exceed 0.5. 14.4(3) A side yard abutting on a street shall not be less than thirty (30) feet. 14.4(4) The following minimum requirements shall be observed subject to additional requirements, exceptions and modifications as set forth in this Section and Section 23. Lot Lot Front Side Rear Height Width Area Yard Yard Yard 1, 2 & 100 ft. 20,000 30 ft. 20 ft. 30 feet or 3 story square 11 1/2 feet. times the height of the build- ing which- ever is greater. 14.5 General Requirements as specified in Section 4.17 of this ordinance. 14.6 Landscaping and screening requirements as specified in. Section 4.17 of this ordinance. (401) 70 SECTION 15. "B-IAII BUSINESS PARK DISTRICT 15.1 PERMITTED USES Within any "B -1A ", Business Park District, no structure or land shall be used except for one (1) or more of the following uses, or uses deemed by the City Council in its discretion as substantially similar to uses listed herein. 15.1(1) Medical and dental services. 15.1(2) Office, business and professional. 15.1(3) Research centers and laboratories. 15.1(4) Colleges and schools, public and parochial. 15.1(5) Publishing houses. 15.1(6) Day care centers. 15.2 CONDITIONAL MSES Within any "B-IA", Business Park District, no structure or land shall be used for the following uses except by conditional use permit. 15.2(1) Hospitals and sanitariums. 15.2(2) Essential service structures. 15.2(3) Accessory structures other than private garages. 15.2(4) Processing and limited fabrication of a project in conjunction with any permitted use wherein such products are wholly processed within a building and such use is deemed appropriate and consistent with the character of the district and environs. Where such uses consist of more than one (1) principal building, plans for such development shall be submitted as a Planned Unit Development project as regulated under Section 22. 15.3 PERMITTED ACCESSORY USES Within any 11B-1A11, Business Park District, the follow- ing uses shall be Permitted accessory uses. 15.3(1) Private garages, off-street parking and loading spaces as regulated in this Ordinance. 15.3(2) Signs as regulated by this Ordinance. (401) 71 15.3 (3) 15.3 (4) 15.3(5) 15.3(6) 15.4 15.4(l) 15.4(2) 15.4(3) 15.4(4) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. Fences as regulated by this ordinance. Decorative landscape features. Any incidental repair or processing necessary to conduct a permitted principal use. LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS No structure or building shall exceed four (4) stories or forty-five (45) feet in height whichever is less except as provided in Section 23 of this ordinance. - On a corner lot both sides shall be considered as a front yard. The floor-area-ratio shall not exceed 0.5. A side yard abutting an IIRII District or across the street from an "R" District shall not be less than one hundred (100) feet. 15.4(5) The following minimum requirements shall be observed or exceeded subject to additional requirements, exceptions, and modifications as set forth in this Section and Section 23. Lot Lot Front Side Rear Width Area Yard Yard Yard 300 ft. 3 acres 100 ft. 50 feet 60 ft 15.5 General Requirements as specified in Section 4.17 of this ordinance. 15.6 Landscaping and screening requirements as specified in Section 4.17 of this ordinance. (401) 72 SECTION 16. "B-211 NEIGHBORHOOD BUSINESS DISTRICT 16.1 PERMITTED USES Within any "B-211, Neighborhood Business District, no structure or land shall be used except for one (1) or more of the following uses, or uses deemed by the City Council in its discretion as substantially similar to uses listed herein. 16.1(1) Antique or gift shop. 16.1(2) Appliance store. 16.1(3) Art and school supply store. 16.1(4) Auto accessory store. 16.1(5) Bakery good sales and baking of goods for retail sales on premise. 16.1(6) Banks and banking institutions without drive-in -facilities. 16.1(7) Barber Shop. 16.1(8) Beauty shop. 16.1(9) Bicycle sales and repair. 16.1(10) Book, office supply and stationery store. 16.1(11) Candy, ice cream, popcorn, nuts, frozen dessert and soft drink shop but not of the drive-in type. 16.1(12) Camera and photographic supply store. 16.1(13) Clothing store. 16.1(14) Computer sales and service store. 16.1(15) Day care center. 16.1(16) Delicatessen and/or dairy store. 16.1(17) Drug store. 16.1(18) Dry cleaning and laundry pick-up stations including incidental pressing and repair. 16.1(19) Gift and/or greeting card store. 16.1(20) Grocery or convenience store. 16.1(21) Hardware store. 16.1(22) Hobby store including handicraft classes not to exceed ten (10) students. 16.1(23) Jewelry sales and repair store. 16.1(24) Laundromat of the self-service type. 16.1(25) Library. 16.1(26) Newsstand. 16.1(27) Offices. 16.1(28) Paint, wallpaper sales. 16.1(29) Photographic studio. 16.1(30) Pipe and tobacco shop. 16.1(31) Record shop. 16.1(32) Traditional restaurant cafe, tea room, with no drive-in or fast food facility. 16.1(33) Shoe sales and repair. 16.1(34) Small appliance repair shop. 16.1(35) Sporting goods store, excluding the sale of firearms of any variety or ammunition. 16.1(36) Variety store. 16.1(37) Videotape rental store. (401)73 16.2 CONDITIONAL USES Within any "B-211, Neighborhood Business District, no structure or land shall be used for the following uses except by conditional use permit. 16.2(1) Theaters, but not of the drive-in type. 16.2(2) Private lodges and clubs. 16.2(3) Accessory structures other than private garages. 16.2(4) Essential service structures. 16.2(5) Animal Hospital (Veterinary Clinic). As used hereunder the term "Animal Hospital: or Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which includes the kenneling of such animals. Any conditional use permit for an Animal Hospital (Veterinary Clinic) shall be subject to the following conditions: 16.2(5)a No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which the use is conducted. To achieve noise control, the facility shall be of masonry construction with outside walls at least 811 thick, and with a precast concrete roof. 16.2(5)b Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air conditioning system may be required, with windows double glazed with fixed sash. 16.2(5)c An approved system shall be provided for the storage and disposal of dead animals off the premises. 16.2(5)d Large dog facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted. 16.2(5)e When abutting a residential district, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the IIRII District. 16.2(5)f Hours at which the facility will be open to the public for the receiving and pick-up of animals shall be approved. by the City Council to insure compatibility with surrounding land uses. (401) 74 16.2(5)g Off-street parking facilities shall be provided, of at least the ratio required for professional offices under Section 21.1(4)q of the Zoning Ordinance of one space for each two hundred (200) square feet of floor area in the building. 16.2(5)h An Animal Hospital may include a live-in facility to permit a staff member to be on the premises 24 hours per day. Such facility shall be limited to 620 square feet of floor space and shall not be designed to serve as a "single-family residence" as hereinbefore defined in this Ordinance. 16.2(6) The sale and servicing of heating equipment, air conditioning equipment and electrical appliances ,provided that there shall not be more than six persons •employed upon said premises in the repair or servicing of said-equipment or appliances. 16.3 PERMITTED ACCESSORY USES Within any "B-211, Neighborhood Business District, the following uses shall be permitted accessory uses. 16.3(1) Private garages, off-street parking and loading spaces as regulated in this Ordinance. 16.3(2) Signs as regulated by this Ordinance. 16.3(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. 16.3(4) Fences as regulated by this Ordinance. 16.3(5) Decorative landscape features. 16.3(6) Any incidental repair or processing necessary to conduct a permitted principal use. 16.3(7) Any incidental repair, processing or storage necessary to conduct a permitted principal use shall not occupy more than twenty (20) percent of the gross floor area of the principal building. (401) 75 16.4 LOT AREA, HEIGHT. LOT WIDTH AND YARD REOUIREMENTS 16.4(1) No structure or building shall exceed three (3) stories or thirty (30) feet whichever is less in height except as provided in Section 23 of this Ordinance. 16.4(2) The floor-area-ratio within the "B-211 Use District shall not exceed 0.5. 16.4(3) The following minimum requirements shall be observed subject to additional requirements, exceptions, and modifications as set forth in this Section and Section 23. 16.5 16.6 (401) 76 Lot Lot Front Side Rear Height Width Area Yard Yard Yard 1, 2 & 100 ft. 20,000 30 ft. 15 feet 30 feet 3 story square or equal feet to height of struc- ture, whichever is greater General Requirements as specified in Section 4.17 of this Ordinance. Landscaping and screening requirements as specified in Section 4.17 of this Ordinance. SECTION 17. ROB-311 GENERAL BUSINESS DISTRICT 17.1 PERMITTED USES Within any "B-311, General Business - District, no structure or land shall be used except for one (1) or more of the following uses, or uses deemed by the City Council in its discretion as substantially similar to uses listed herein. 17.1(1) "B-111, Limited Business and "B-211, Neighborhood Business District Uses as permitted in Section 16.1 but not limited in scale to serving residents of the surrounding area although otherwise regulated and specified except as hereinafter modified. 17.1(2) Automobile and other vehicles of transportation sales when conducted entirely within a building. 17.1(3) Auto repair (minor) , when conducted entirely within a building. 17.1(4) Boats and marine sales when conducted entirely within a building. 17.1(5) Commercial greenhouse provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street. 17.1(6) Diaper or hand laundry service, provided not more than ten (10) persons are employed. 17.1(7) Furniture sales. 17.1(8) Garden supply store, provided it is conducted entirely within an enclosed structure. 17.1(9) Interior decorating studio. 17.1(10) Locksmith. 17.1(11) Medical and dental clinics. 17.1(12) Motels, motor hotels and hotels", provided the site shall contain not less than six hundred (600) square feet of lot area per living or rental unit. 17.1(13) Newspaper and publishing office. 17.1(14) office buildings. 17.1(15) Optical and jewelry manufacturing provided the operation is not located within the front sixty (60) feet of the first floor. (401) 77 17.1(16) Pet shop, provided the operation shall not include the boarding of pets on the site, the maintaining of pens or cages outside of the building or the operating so as to cause an offensive odor or noise. 17.1(17) Photographic supplies and processing of film and prints. 17.1(18) Pysical culture and health studio. 17.1(19) -Picture framing. 17.1(20) Printing shop. 17.1(21) Radio and television repair. 17.1(22) Rugs and floor coverings sales. 17.1(23) Seat cover, upholstery or drapery shop. 17.1(24) Wholesale office and showroom. 17.2 CONDITIONAL USES Within any "B-311, General Business District, no struc- ture or land shall be used for the following uses except by conditional use permit. 17.2(l) "B-111, Limited Business and IIB-211. General Business District Conditional Uses. 17.2(2) Armories, convention halls, sport arenas and stadiums. 17.2(3) Bowling alleys, billiard and pool rooms, skating rinks, liquor stores, fraternal organizations and similar uses, provided the structure in which the use is conducted shall not be located within one hundred (100) feet of any IIRII District. 17.2(4) Bus terminals. 17.2(5) Business or trade school when conducted entirely within a building. 17.2(6) Electrical service, heating, plumbing, appliances, upholstery or air conditioning service shop, provided they do not employ more than six (6) persons in repair or processing. 17.2(7) Stone and monument sales. 17.2(8) Television and radio stations and transmitting towers. 17.2(9) Accessory structures, other than private garages. (401) 78 17.2(10) Animal Hospital (Veterinary Clinic). As used hereunder the term "Animal Hospital" or "Veterinary Clinic" shall be deemed to mean a facility for the diagnosis, treatment and medical care of small animals, in which all professional services are conducted within an enclosed building and which excludes the kenneling 'of such animals except for the time period necessary to provide medical care therefor. Any conditional use permit for an Animal Hospital (Veterinary Clinic) shall be subject to the following conditions: 17.2(10)a No noise from the operation of the facility shall be discernible beyond the boundaries of the lot on which. the use is conducted. To achieve noise control, the facility shall be of masonry construction with outside walls at least 811 thick, and with a precast concrete roof. 17.2(10)b Odor control shall consist of a ventilation system designed so that no odors or organisms will spread between wards or to the outside air. An air conditioning system may be required, with windows double glazed with fixed sash. p 17.2(10)c An approved system shall be provided for the storage and a disposal of dead animals off the premises. 17.2(10)d Large d6g facilities for indoor exercise of such animals shall be provided. No outside pens shall be permitted. 17.2(10)e When abutting a residential district, an approved screening and landscaping plan shall be filed and developed along the property boundary lines that abut the IIRII District. 17.2(10)f Hours at which the facility will be open to the public for the receiving and pick-up of animals shall be approved by the City Council to insure compatibility with surrounding land uses. 17.2(10)g Off-street parking facilities shall be provided, of at least the ratio required for professional offices under Section 21.1(4)q of the- Zoning Ordinance of one space for each two hundred (200) square feet of floor area in the bidlding. (401) 79 17.3 PERMITTED ACCESSORY USES Within any "B-311, General Business District, the following uses shall be permitted, accessory uses. 17.3(1) Private garages, off-street parking and loading spaces as regulated in this ordinance. 17.3(2) Signs as regulated by this Ordinance. 17.3(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. 17.3(4) Fences as regulated by this ordinance. 17.3(5) Decorative landscape features. 17.3(6) Any incidental repair or processing necessary to conduct a permitted principal use. 17.3(7) Any incidental repair or processing necessary to conduct a permitted principal use shall not occupy more than twenty (20) percent of the floor space of the principal building. 17.4 LOT AREA, HEIGHT, LOT WIDTH AND YARD REQUIREMENTS 17.4(1) No structure or building shall exceed two (2) stories or thirty (30) feet whichever is the less except as provided in Section 23 of this Ordinance. 17.4(2) The minimum lot area shall be twenty-five thousand (25,000) square feet. 17.4(3) The floor-area-ratio shall not exceed 0.5. 17.4(4) Wherever a "B-311, General Business District, abuts or is across the street from an IIRII District, a fence or compact evergreen screen not less than fifty (50) percent opaque nor less than six (6) feet in height except adjacent to a street where it shall be not less than three (3) or more than four (4) feet, in height, shall be erected and maintained in the front portion of the lot or along the side or rear property line that abuts the IIRII District. (401) 80 C. 17.4(5) The following minimum requirements shall be observed subject to additional requirements, exceptions, and definitions as set forth in this Section and Section 23. Front Yard - 30 feet Front yard abutting a major thoroughfare 100 feet Lot Width 150 feet Side Yard Adjacent to Street 30 feet Adjacent to 11R11 District 75 feet Interior 30 feet Rear Yard 30 feet Rear yard adjacent to "R11 District 75 feet 17.5 General Requirements as specified in Section 4.17 of this ordinance. 17.6 Landscaping and screening requirements as specified in Section 4.17 of this Ordinance. (401) 81 SECTION 18. "B -4®® SHOPPING CENTER DISTRICT 18.1 PURPOSE The purpose of this district is to establish provisions for the designating of a district where a multiple building retail sales and service facility can be erected with integrated design and a coordinated physical plan, which is appropriately located. Such district shall be developed as a Planned Unit Development according to an approved plan as provided below. 18.2 APPLICATION The owner or owners of any tract of land., In... the B-4 District comprising an area of not less .'.than .-ten (10) acres of land and five hundred (500) feet" of frontage may submit to the Administrator a plan for the use and development of all or part of such tract for the purposes of and meeting the requirements set forth in this Section. The proposed plan shall be referred to the Planning Commission for study and report. The Planning Commission shall transmit to the Council their findings and recommendations for consideration and action. 18.3 ADMINISTRATION In order that the purpose of this district may be realized, the land and buildings and appurtenant facilities shall be in single ownership or under the management or supervision of a central authority. 18.4 DESIGN REQUIREMENTS. 18.4(1) The physical design may include more than one building. However, should such buildings provide an open space between two buildings, said space shall not.. be less than one-half (1/2) the sum of the heights.. of the two buildings. 18.4(2) No building shall be nearer than sixty (60) feet to any lot except when abutting or across the street from an "R11 District; no building shall be less than one hundred (100) feet from such lot lines. 18.4(3) The design shall include adequate internal circulation drives not less than twenty-two (22) feet in width which are exclusive of the required parking area. 18.4(4) The driveway curb cuts to the development shall be approved by the City Engineer. (401) 82 18.4(5) No building shall exceed three (3) stories or thirty- five (35) feet whichever is less. 18.4(6) Parking off-street, loading and sign requirements shall be in conformance with this Ordinance. 18.4(7) The entire area shall be landscaped or occupied by buildings or structures or parking areas so treated as to control dust. Should the development be undertaken in stages, all of the area included in the various stages constructed or to be constructed at that time shall be developed in accordance with the Planned Unit Development Section of this Ordinance. 18.4(8) A drainage plan shall be designed and approved for the entire area with such on-site underground construction as determined by the City. 18.4(9) All buildings shall be finished on all exterior walls with the same material. 18.4(10) There shall be no outside sales and storage. 18.4(11) The floor-area-ratio shall not exceed 1.0. 18.4(12) Lot coverage of buildings shall not exceed twenty-five (25) percent of the lot area. 18.5 PERMITTED USES Within the "B-411, Shopping Center District, no structure or land shall be used except for one (1) or more of the following uses. 18.5(1) "B-211, Neighborhood Business District Uses as permitted in Section 16.1, but not limited in scale to serving residents of the surrounding area although otherwise regulated as specified-except as hereinafter modified. 18.5(2) Bank. 18.5(3) Department store. 18.5(4) Five and ten store. 18.5(5) Florist store. 18.5(6) Furniture store. 18.5(7) Library. 18.5(8) music store. 18.5(9) Photographic supplies and processing. (401) 83 18.5(10) Physical cultures or dance studio. 18.5(11) Post office. 18.5(12) Theaters, not including the drive-in type. 18.6 CONDITIONAL USES Within any "B-411, Shopping Center District, no struc- ture or land shall be used for the following uses except by conditional use permit. 18.6(1) Motor fuel stations subject to the requirements of Section 21.2 of this Ordinance. 18.6(2) Rental units on a motor fuel station. 18.6(3) Essential service structures. 18.6(4) Accessory structures. 18.6(5) Liquor store as regulated by other City Ordinances. 18.6(6) Single bay car wash attached to motor a fuel station. 18.6(7) Motel and motor hotels. 18.6(8) Automatic vending devices not enclosed in a structure. 18.6(9) Newspaper and/or magazine stand. 18.6(10) Drive-in and fast food restaurants subject to the provisions of Section 21.3 of this Ordinance. 18.6(11) Advertising signs as regulated in Section 21.7(3) of this Ordinance. 18.7 PERMITTED ACCESSORY USES Within any "B -4", Shopping Center District, the following uses shall be permitted accessory uses. 18.7(1) Private garages, off - street parking and loading spaces as regulated in this Ordinance. 18.7(2) Signs as regulated by this Ordinance. 18.7(3) Buildings temporarily located for the purposes of construction on the premises for a period not to exceed time necessary to complete said construction. (401) 84 18.7(4) 18.7 (5) 18.7(6) 18.7(7) 18.8 18.8(l) 18.8(2) 18.9 18.10 Fences as regulated by this ordinance. Decorative landscape features. Any incidental repair or processing necessary to conduct a permitted principal use. Any incidental repair or processing necessary to conduct a permitted use shall not exceed more than twenty (20) percent of the floor space of the principal building. LOT AREA. HEIGHT. LOT WIDTH AND YARD REQUIREMENTS In the case of a corner lot, each side abutting a public street shall be treated as a front yard. Minimum requirements shall be observed subject to additional execution and definitions as set forth in this Section and Section 23. Minimum Lot Area Lot Width Front yard Abutting "R11 District Side Yard Abutting "R11 District Rear Yard Abutting to "R11 District Maximum Height 10 Acres 500 feet 100 feet 150 feet 100 feet 60 feet 100 feet 3 stories or 35 feet whichever is less General Requirements as specified in Section 4.17 of this ordinance. Landscaping and screening requirements as specified in Section 4.17 of this Ordinance. (401) 85 SECTION 19. "1" INDUSTRIAL DISTRICT 19.1 PERMITTED USES Within any "I" Industrial District, no structure or land shall be used except for the conducting of a process, fabrication, storage, manufacturing or wholesaling of one or more of the following uses: 19.1(1) Aeronautic and automotive testing equipment. 19.1(2) Artificial limbs. 19.1(3) Automobile painting, upholstering, tire recapping and major repair when conducted within a completely enclosed building. 19.1(4) Apparel. 19.1(5) Batteries. 19.1(6) Bakery goods. 19.1(7) Boats. 19.1(8) Bus terminals and maintenance garage. 19.1(9) Cabinet shops. 19.1(10) Camera and photographic supplies. 19.1(11) Canvas products. 19.1(12) Ceramic products using kilns fired only by electricity or gas. 19.1(13) Cigarettes and tobacco products. 19.1(14) Clocks, watches and jewelry. 19.1(15) Cork and cork products. 19.1(16) Drug, cosmetics, pharmaceuticals and toiletries. 19.1(17) Electric motors, generators, transformers and other electric components. 19.1(18) Electronic products. 19.1(19) Engraving and printing. 19.1(20) Furniture. 19.1(21) Heating, washing, cooling, drying, cleaning appliances. 19.1(22) Television, radio, appliances, sheet metal work, ornamental iron, welding, and stamping. 19.1(23) Ice, cold storage plants, bottling works. 19.1(24) Laundries. 19.1(25) Machine shops. 19.1(26) Monument works. 19.1(27) Metal polishing and plating. 19.1(28) Musical instruments. 19.1(29) office equipment. 19.1(30) Painting manufacturing. 19.1(31) Paper products from previously processed paper. 19.1(32) Research laboratories. 19.1(33) Rubber and synthetic rubber products• . 19.1(34) Shoes, boots, footwear. 19.1(35) Sporting equipment. 19.1(36) Tools, hardware and small metal products. 19.1(37) Video equipment. And the following non-manufacturing uses: (401) 86 19.1(38) Trade school. 19.1(39) Warehousing. 19.1(40) Water softening units. 19.1(41) Railroad spurs and sidings. 19.1(42) Scientific research, investigation, testing and experimentation. 19.1(43) Business and professional offices. 19.2 CONDITIONAL USES Within the "I". Industrial District, no structure or land shall be used for the following uses except by conditional use permit. 19.2(1) Uses which are permitted under Section 20.7 of this Ordinance which involve the storage or use of materials which decompose by detonation. 19.2(2) 19.2(3) 19.2(4) 19.2(5) 19.2_(6) 19.2(7) 19.2(8) 19.2(9) 19.2(10) 19.2(11) 19.2(12) 19.3 19.3(l) 19.3(2) Uses which are permitted in Section 17.1(2) Essential service structures. Airports, truck and freight terminals, team tracks and open sales lot. Radio, television or transmission towers. Ready mix concrete and concrete products plants. Contractor's yards when conducted within a building or a completely fenced area. Motor fuel stations subject to the requirements of Section 21.2 of this Ordinance. Rental units on a motor fuel station. Accessory structures. Restaurants (not drive-in, or fast food type). Participative athletics. PERMITTED ACCESSORY USES Within the "Ill District, permitted accessory uses. the following uses shall be Signs as regulated in this Ordinance. Off-street parking and loading as regulated in this Ordinance. (401) 87 19.3(3) Residential structures and related residential uses necessary for security and safety reasons in relation to a principal use. 19.3(4) Guest houses owned and operated in conjunction with a permitted or principal use. 19.3(5) Fences as regulated by this ordinance. 19.4 BUILDING PERMIT REQUIREMENTS 19.4(5) Plans and specifications shall include any additional material required by the City to ascertain compliance with the performance standards specified in this Ordinance and any other requirements of this Ordinance. 19.4(6) A bond or bonds guaranteeing performance of construction elements required to comply with this Ordinance shall be given in amounts determined by the City to.be sufficient to reasonably insure compliance with the provisions of this Section. (401) 88 No development of any lot or combination of lots in the "I" District shall be commenced and no building permit will be issued therefore until all of the following requirements have been met. 19.4(1) A complete site plan and building plans and specifications shall be submitted as prepared by a registered architect. The architect shall certify that the plans were prepared specifically for the subject site. The site plan shall include location of buildings, driveways, driveway intersections with streets, parking areas, loading areas, sidewalks, curbs, and screening as required by this Ordinance. 19.4(2) Site grading plans shall be submitted indicating existing and proposed grades and provisions for surface drainage. 19.4(3) Proposed design, location, size and lighting of all signs, if any, shall be submitted. 19.4(4) Detailed landscaping plans prepared and signed by a landscape architect shall be submitted. 19.4(5) Plans and specifications shall include any additional material required by the City to ascertain compliance with the performance standards specified in this Ordinance and any other requirements of this Ordinance. 19.4(6) A bond or bonds guaranteeing performance of construction elements required to comply with this Ordinance shall be given in amounts determined by the City to.be sufficient to reasonably insure compliance with the provisions of this Section. (401) 88 19.5 PARKING - OFF-STREET 19.5(1) Off-street parking shall be supplied to meet the minimum number of spaces and location of space requirements for the type of use proposed as specified in Section 21.1 of this Ordinance. In addition to those requirements: 19.5(2) Off-street parking shall be supplied in sufficient quantity to provide parking for employees, customers, and other visitors in accordance with projected needs for the proposed occupancy. 19.5(3) All parking areas shall be surfaced with a hard all- weather durable material with an approved curb or bumper stops defining the edge of all parking areas and driveways. All parking areas containing more than six spaces facing a public street or residential zoned Property shall have a solid screen wall or fence not less than four (4) feet or more than six (6) feet high. 19.5(4) No parking spaces or aisles serving parking spaces shall be less than twenty (20) feet from any public right-of- way nor less than ten (10) feet from a building or lot line. 19.6 LANDSCAPING AND SCREENING 19.6(1) All areas of any lot or combination of lots which comprise the site for one (1) or more buildings, except those areas used for parking or buildings, shall be landscaped with grass, trees, shrubs, or other planted ground cover, in accordance with detailed landscaping plans prepared and signed by a landscape architect. A bond in an amount not to exceed one and one-half (1 1/2) times the cost of landscaping and screening shall be required to guarantee the placement and construction thereof as required in this ordinance. In addition: 19.6(2) The owner shall have a continuing responsibility to maintain such landscaping and any required screening in reasonable condition. 19.7 LOT AREA, HEIGHT, LOT WIDTHS AND YARD REQUIREMENTS 19.7(1) Not more than fifty (50) percent of the lot area shall be occupied by buildings. 19.7(2) No structure shall exceed forty-five (45) feet in height except as provided in Section 23. 19.7(3) Side yard abutting a street on a corner lot shall be not ll less than forty (40) feet in width. (401) 89 19.7(4) Where a lot has a railroad trackage abutting the interior side lot line or rear lot line there shall be no side or rear yard requirement abutting the trackage in providing a railroad loading facility. 19.7(5) Whenever an "I" Use District abuts an "R11 District a fence not less than fifty (50) percent opaque nor less than six (6) feet in height shall be erected along the property line. 19.7(6) Floor-area-ratio shall not exceed 0.5. 19.7(7) The following minimum requirements shall be observed subject to the additional requirements, exceptions and modifications as set forth in this Section and in Section 23. Lot Area 1 Acre Lot Width 100 feet Front yard 40 feet Side Yard- Interior 30 feet Abutting Street 40 feet Abutting an "R11 District 100 feet Rear Yard 50 feet Abutting an "R11 District 100 feet 19.8 General Requirements as specified in Section 4.17 of this ordinance. 19.9 PERFORMANCE STANDARDS The manufacture, compounding, processing, packaging, treatment, assembly, or storage of products shall comply with the performance standards outlined in Section 20 of this Ordinance. (401) 90 SECTION 20. PERFORMANCE STANDARDS, ALL DISTRICTS The guiding of urban development so as to develop a compatible relationship of uses depends upon certain standards being maintained. Uses permitted in the various districts, Conditional Uses and Accessory Uses shall conform to the following standards. 20.1 NOISE Any use producing noise shall be in conformance with the minimum standards as adopted and enforced by the Minnesota Pollution Control Agency. 20.2 SMOKE AND PARTICULATE MATTER Any use established, enlarged, or remodeled after the effective date of this ordinance shall be so operated and maintained as to meet the minimum requirements of the Minnesota Pollution Control Agency regarding emission of smoke and particulate matter. 20.3 TOXIC OR NOXIOUS MATTER The discharge of toxic or noxious matter shall conform with the minimum standards as adopted by the Minnesota Pollution Control Agency. 20.4 ODORS The discharge of odors shall conform with the air quality standards as adopted by the Minnesota Pollution Control Agency. 20.5 VIBRATIONS Any use creating periodic earth-shaking vibrations, such as may be created from a drop forge shall be prohibited if such vibrations are perceptible beyond the lot line of the site on which the use is located. The standard shall not apply to vibrations created during the process of construction. 20.6 GLARE AND HEAT Any use requiring an operation producing an intense heat or light transmission shall be performed with the necessary shielding to prevent such heat or light from being detectable at the lot line of the site on which the use is located. Lighting in all instances shall be diffused or directed away from "R" Districts and public streets. (401) 91 20.7 EXPLOSIVES 20.8 20.9 20.10 20.11 20.12 20.13 (401) 92 Any use requiring the storage, utilization or manufacturing of products which could decompose by detonation shall be located not less than four hundred (400) feet from the 11R11 District and shall be allowed only by conditional use permit. SCREENING Any use in the "I" District abutting on the 11R11 District shall effectively screen any open storage from the eye level vision by providing and maintaining a wall, fence or thirty (30) foot wide planting strip to, screen and reduce the noise, dust and vision between the two uses. Such wall or fence shall be six (6) feet in. height and at least ninety (90) percent opaque during all seasons. WASTE MATERIAL Waste material resulting from or used in industrial or commercial manufacturing, fabricating, servicing, processing or trimming shall not be washed into the public storm sewer system nor the sanitary sewer system, but shall be disposed of in a manner approved by the City Engineer. The City Council may establish appropriate regulations and standards therefor. BULK STORAGE (LIQUID) All uses associated with the bulk storage of oil, gasoline, liquid fertilizer, chemical and similar liquids shall comply with the requirements of the Minnesota State Fire Marshal's and Minnesota Department of Agriculture offices and have documents from those offices stating the use is in compliance. RADIATION EMISSION All activities that emit radioactivity shall.' ' '6omply with the minimum requirements of the Atomic Energy Commission. ELECTRICAL EMISSION All activities which create electrical emissions shall comply with the minimum requirements of the Federal Communications commission. - MAINTENANCE STANDARDS In all districts, all structures, required landscaping and fences shall be maintained so as not to be unsightly or present harmful health or safety conditions. 20.14 LIGHTING STANDARDS Lights for illuminating parking areas, loading areas or yards for safety and security purposes, shall be permitted if no adjacent property owner, within 150 feet of the light source, shall have his/her use or enjoyment of that property interfered with. 20.15 DRAINAGE STANDARDS No land shall be developed and no use shall be permitted that results in water run-off causing flooding, or erosion on adjacent properties. Such run-off shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility as set forth in the Soil Protection Ordinance and Wetland System Ordinance. In no event shall drainage be allowed into a sanitary sewer. 20.16 STORAGE STANDARDS All material and equipment shall be stored within a building or fully screened so as not to be visible from adjoining properties, except for the following: laundry drying and recreational equipment, construction and landscaping materials and equipment currently being used on the premises, agricultural equipment and materials if these are used or intended for use on the premises, off- street parking except as otherwise regulated herein. There shall be no outside storage of either materials or products except through the issuance of a conditional use permit. 20.17 WATER POLLUTION All uses and activities shall conform to water pollution standard controls and regulations of the Minnesota Pollution Control Agency and the City of Mendota Heights and all other applicable governmental rules, regulations and laws relative thereto. 20.18 GENERAL LAND DEVELOPMENT STANDARDS The General Development Standards as set forth in the City of Mendota Heights Soil Protection Ordinance and Wetland System Ordinance shall apply to all districts within the City. (401) 93 SECTION 21. SPECIAL PROVISIONS 21.1 OFF-STREET PARKING AND LOADING SPACES Regulation of off-street parking and loading spaces in this Zoning Ordinance is to alleviate , or prevent congestion of the public right-of-way and to promote the safety and general welfare of the public by establishing minimum requirements for off-street parking, and loading and unloading from motor vehicles in accordance with the utilization of various parcels of land and structures. All applications for an occupancy permit in all districts shall be accompanied by a site plan drawn to scale and dimensioned indicating the location of off - street parking and loading spaces as per this Ordinance. 21.1(1) Application of Off-Street Parking Regulations - The regulations and requirements set forth in this section shall apply to the required and non-required off-street parking facilities in all Use Districts. 21.1(2) General Provisions 21.1(2)a Reduction of Existing Off- Street Parking Space. Off- street parking spaces and loading spaces existing upon the effective date of this Ordinance shall not be reduced in number unless said number exceeds the C_ requirements set forth herein for a similar new use. 21.1(2)b Floor Area. The term "floor area" for the purpose of calculating the number of off-street parking spaces required shall be the net usable floor area of the various floors, devoted to retail sales, services, office space, processing and fabrication, exclusive of hallways, utility space, and storage areas other than warehousing. 21.1(2)c Benches in Places of Public Assembly. In stadiums, churches and other places of public assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each twenty-two (22) inches of such seating facility shall be counted as one (1) seat for the purpose of determining required parking. 21.1(2)d Parking Spaces. Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access drives, and such space shall be served adequately by access driveway. (401) 94 21.1(2)e Use of Parking Facilities. Off-street parking facilities accessory to residential use shall be utilized solely for the parking of passenger automobiles, except that for each dwelling unit one (1) truck not in excess of 3,000 pounds rated capacity may be parked by the occupant within a structure. Under no circumstances shall parking facilities accessory to residential structures be used for open area storage of commercial vehicles. No semi-trailer, truck-tractor, or a combination thereof, or any custom service vehicle as defined in ordinance 1101, or any truck in excess of 9,000 pounds gross vehicle weight may be parked within an 11R11 district except for the purpose of loading or unloading the same if such vehicle is in the process of making a delivery. 21.1(2)f Location of Parking Facilities. Required off-street parking in the "R11 Districts shall be on the same lot as the principal building. Required off-street parking in all districts shall meet the following setback requirements: 1. Within all "R11 Districts all vehicles normally owned or kept by the occupants on the premises must have a garage stall or parking space on the lot in a location other than a required yard except that parking may be located in a rear yard to within ten (10) feet of an interior side lot line and rear lot line. 2. All driveways constructed to serve single family dwellings on corner lots shall be set back a minimum of 30 feet from the property lines adjacent to the street corner. 3. In all "B" and "I" Districts except "B-411 Districts when such district is located across the street from an "R-111 District, parking spaces shall not be located within the front yard. 4. In all "B" and "I" Districts when such district is located across the street from an "R11 District or when such district abuts an 11R11 District, parking spaces shall be located at least twenty (20) feet from said lot lines. (401) 95 5. In all "B" and "I" Districts where such district is not across the street from an 11R11 District or abutting an 11R11 District the parking spaces shall be located at least twenty (20) feet from a front lot line and ten (10) feet from a side and rear lot line. For the purpose of applying this section of the ordinance, all lot lines abutting a public street shall be considered a front lot line. 6. Within the "B" and "I" Districts off-street parking spaces shall not be less than twenty (20) feet from a street right-of-way line. 7. All off-street parking spaces shall have access from a driveway and not directly off a public street. 21.1(2)g Joint Parking Facilities. Off-street parking facilities for a combination of one (1) or more uses may be provided collectively in any district except the 11R-111, 11R-1A11 and 11R-211 Districts, provided the total number of spaces provided 'shall equal the sum of the separate requirements for each use. 21.1(2)h Control of Off-Street Parking Facilities. When required accessory off-street parking facilities are provided elsewhere than on the lot on which the principal use served is located, written authority for using such property for off-street parking shall be filed with the City so as to maintain the required number of off-street parking spaces during the existence of said principal use. No such parking facilities shall be located more than one hundred (100) feet from the premises at its closest point. 21.1(2) i Use of Parking Area. Required off-street parking space in all districts shall not be utilized for open storage of goods or for the storage of vehicles. which are inoperable, for lease, rent or sale. 21.1(3) Design and Maintenance of Off-Street Parking Areas. 21.1(3)a Access and Location. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Said driveway access shall not be more than twenty-five (25) feet in width at the property line in residential districts and no more than thirty (30) feet in width at the property line in all other districts, and shall be so located as to cause the least interference with traffic movement. (401) 96 21.1(3)b Calculating Space. When determining of the number of required off-street parking spaces results in a fraction, each fraction of one half (1/2) or more shall constitute another space. 21.1(3)c Signs. Signs located in any parking area necessary for orderly operation of traffic movement shall not be included as a part of the permitted advertising space. 21.1(3)d Surfacing. Subject to the provisions of Section 4.18(5) of this ordinance, all of the area intended to be utilized for parking space and driveways shall be surfaced with a hard all-weather durable material and shall be subject to the approval of the City Council except for parking areas of less than three (3) vehicles. 21.1(3)e Lighting. The lighting shall be accomplished in such a manner as to have no direct source of light visible from the public right-of-way or adjacent land in an IIRII District. 21.1(3)f Curbing and Landscaping. All open off-street parking areas designed to have head-in parking along the interior property line shall provide a bumper curb or guard of normal bumper height to insure that no part of any car will project beyond the required setbacks as established in this ordinance. When such area is for six (6) spaces or more and not located to the rear of a building, a curb or fence not over three-(3) feet in height shall be created at the required parking setback line and grass or planting shall occupy the space between the property line and said curb or fence. 21.1(3)g Parking Space Abutting IIRII Districts. when a required off-street parking space for six (6) or more vehicles is located abutting an IIRII District, a fence as determined by the City Council to be of adequate design, not over six (6) feet in height nor less than three and one-half (3 1/2) feet shall be erected along the required parking setback line except such fence shall not be located within the required front yard. Said fence shall be not less than 75 percent opaque. 21.1(3)h Maintenance of Off-Street Parking Space. The operator of the principal use, uses or structures shall maintain in a neat and adequate manner the parking space, accessways, landscaping and required curbs and fences. 21.1(4) Number of Required off-Street Parking Spaces The number of required off-street parking spaces shall be as follows: (401)97 21.1 (4) a All Residential -Dwellings - At least two (2) parking spaces per dwelling unit. 21.1(4)b Board House, Fraternity house, Sorority house - At least two (2) parking spaces for each three (3) persons for whom accommodations for sleeping are provided. 21.1(4)c Motel, Motor Hotel, Motor Court, or Hotel - At least one (1) parking space for each guest room provided in the design of the building. 21.1(4)d School, High School through College - At least one (1) parking space for each seven (7) students based on design capacity plus one (1) for each three (3) classrooms. 21.1(4)e Churches, Auditoriums, Undertaking Establishments - At least one (1) parking space for each three and one-half (3 1/2) seats based on the design capacity of the main assembly hall. 21.1(4)f Theater, Athletic Field - At least one (1) parking space for each three (3) seats of design capacity. 21.1(4)g Community Center,, Post Office, YMCA, YWCA, Physical Culture Studio, Pool Halls, Libraries, Private Clubs, Lodges, Museums - Ten (10) spaces plus one (1) for each (' three hundred (300) square feet of floor area in excess of two thousand (2,000) square feet of floor area in the principal structure. 21.1(4)h Hospital - At least one (1) parking space for each one (1) hospital bed. 21.1(4)i Golf Courses, Country Clubs, Tennis Club, Public Swimming Pools - Twenty (20) spaces plus one (1) for each three hundred square feet in excess of one thousand (1,000) square feet of floor space in the principal structure. 21.1(4)j Day Care Centers - Four (4) plus one (1) for each five hundred (500) square feet in excess of one thousand (1,000) square feet of floor space in the principal structure. 21.1(4)k Office Buildings and Professional Offices - having less than six thousand (6,000) square. feet of floor area. Three (3) parking spaces plus one (1) additional space for each five hundred (500) square feet of floor area. (401) 98 21.1(4)1 Drive-In and Fast Food Restaurant - One (1) space for each employee per shift in addition to at least one (1) parking space for each fifteen (15) square feet of gross floor area in the building, as per section 21.3(3) of this ordinance. 21.1(4)m Bowling Alley - At least five (5) for each alley. 21.1(4)n Motor Fuel Stations and Motor Fuel Station Convenience Stores - A minimum of four (4) outside parking spaces plus three (3) additional outside parking spaces for each enclosed service stall shall be provided. One additional outside parking space shall be provided for each one hundred fifty (150) square feet of floor space devoted to retail sales in a motor fuel station convenience store. 21.1(4)o Retail Sales and Service Establishments - At least seven (7) off-street parking spaces for each one thousand (1,000) square feet of gross floor area. 21.1(4)p Restaurants, Cafes, Bars, Taverns, Night Clubs - One (1) space for each employee per shift and one (1) space for each three (3) seats in the facility. 21.1(4)q Office Buildings and Professional Offices - having six thousand .(6',000) square feet or more of floor area, Banks, Savings Institutions - At least one (1) parking space for each two hundred (200) square feet of floor area. 21.1(4)r , Furniture Store, Appliance Store, Warehouse - under fifteen thousand (15,000) square feet of floor area. Auto Sales, Grain Houses, Kennels and Studios - At least one (1) parking space for each five hundred (500) square feet in excess of the five hundred (500) square feet of floor area in the principal structure. 21.1(4)s Auto Repair-Major, Bus Terminals, Taxi Terminals, Boat and Marine Sales, Bottling Companies, Shop for Trade employing six (6) people or less, Garden Supply Stores, Building Material Sales - At least eight (8) off-street parking spaces, plus one (1) additional space for each eight hundred (800) square feet of floor area over one thousand (1,000) square feet. 21.1(4)t Skating Rinks, Dance Hall, Public Auction House, Golf Driving Range, Miniature Golf, Trampoline Center, and similar uses - At least fifteen (15) off-street parking spaces plus one additional space for each additional space for each three hundred (300) square feet of floor area over two thousand (2,000) square feet. (4'01) 99 21.1(4)u Manufacturing, Fabricating or Processing of a Product or Material - At least four (4) off-street parking spaces plus one (1) additional space for each eight hundred (800) square feet of building. one additional off- street parking space shall be provided for each twenty- five hundred (2,500) square feet or fraction thereof of land devoted to outside storage. 21.1(4)v Warehouse, Storage Handling of Bulk Goods - At least one (1) parking space for each two thousand (2,000) square feet of floor area. 21.1(4)w Uses Not Specifically Noted - As determined by the City Council following review by the Planning Commission. 21.1(5) Off Street Loading and Unloading .: . 21.1(5)a Loading Berth. An unobstructed area provided and maintained for the temporary parking of trucks and other motor vehicles for the purpose of loading and unloading goods, wares, materials and merchandise. 21.1(5)b Location. All loading berths shall be off - street and shall be located on the same lot as the building or use to be served. A loading berth shall not be located less than fifty (50) feet from the intersection of two (2) street rights-of-way nor less than one hundred (100) feet from the intersection of street rights -of -way of major thoroughfares nor less than 50 feet from a residential district unless within a building. Loading berths shall not occupy the required front yard space. 21.1(5)c Size. Unless otherwise specified, the first berth required shall be not less than twelve (12) feet in width and fifty (50) feet in length. Additional berths shall be not less than twelve (12) feet in width and twenty-five (25) feet in length; all loading berths shall maintain a height of fourteen (14) feet or more. 21.1(5)d Access. Each loading berth shall be located with appropriate means of access to a public street or alley in a manner which will least interfere with traffic. 21.1(5)e Surfacing. All loading berths and accessways shall be improved with an asphaltic or cement concrete. 21.1(5)f Accessory Use. Any area allocated as a required loading berth or access drive so as to comply with the terms of this Ordinance shall not be used for the storage of goods, inoperable vehicles, nor be included as a part of the area necessary to meet the off-street parking area. (401) 100 21.1(5)g Screening. External loading and service areas must be completely screened from the ground level view from contiguous residential or commercial properties and adjacent streets, except at access points. Minimum screening requirements shall be as set forth in Section 4.17(8) of this Ordinance. 21.1(6) Number of Required Loading Berths 21.1(6)a Auditorium, convention Hall, Public Buildings, Hospitals, Schools, Hotels, Sports Arenas - At least one (1) loading berth twenty -five (25) feet in length for each building having one thousand (1,000) to ten thousand (10,000) square feet of floor area, for those buildings having ten thousand and one (10,001) square feet of floor space to one hundred thousand (100,000) square -feet of floor area or fraction thereof, one (1) additional loading berth fifty (50) feet in length. 21.1(6)b Retail Sales and Service Stores, Offices - At least one (1) loading berth twenty -five (25) feet in length for each building having six thousand (6,000) square feet of floor area or more plus one (1) additional loading berth fifty (50) feet in length for each twenty -five thousand (25,000) square feet of floor area up to one hundred thousand (100,000) square feet. 21.1(6)c Manufacturing, Fabrication, Processing and Warehousing - At least one (1) loading berth twenty -five (25) feet in length for each building having three thousand (3,000) square feet or fraction thereof plus one (1) loading berth fifty (50) feet in length for each twenty -five thousand (25,000) square feet of floor area up to one hundred thousand (100,000) square feet plus one (1) loading berth for each fifty thousand (50,000) square feet of floor area over the first one hundred thousand (100,000) square feet of floor area. The operator of the business shall have the option to declare the length of the berth required for buildings above one hundred thousand (100,000) square feet of floor area, except that one half (1/2) or more of the total number of berths required shall be fifty (50) feet in length. 21.1(6)d Non - residential uses having 5,000 square feet of floor space or more and not included as part of a, b and c of this Section shall provide loading berths as follows. Four thousand to twenty thousand (20,000) square feet of floor area, one loading berth; for each additional ten thousand (10,000) square feet of floor area or fraction thereof above 2,500 square feet, one (1) additional loading berth. (401) 101 21.2 Motor Fuel Stations and Motor Fuel Station Convenience Stores in all Districts shall be Subject to the Following Provisions: 21.2(1) All motor fuel stations and motor fuel station convenience stores shall require the issuance of a conditional use permit as per Section 5.6 of this Ordinance. Upon the issuance of a conditional use permit for a motor fuel station and convenience store by the Council, said permit shall be in force on a temporary basis for a period not to exceed fifteen (15) months from the date of issuance. If during said fifteen (15) month period, construction has not been completed and the motor fuel station is in operation for ,a period of less than thirty (30) days said. ..conditional use permit shall be void. 21.2(2) Area and Design Requirements 21.2(2)a Any building used as a motor fuel station or convenience store shall be constructed and maintained as required by the rules and regulations relating to the State Fire Marshal governing the handling, storage and transportation of flammable liquids. Every facility, whether underground or above ground and whether indoors or out-of-doors, for the handling, storage, and movement of flammable liquids shall be constructed and maintained in accordance with the rules and regulations of the State Fire Marshal. 21.2 (2) b Notwithstanding anything to the contrary in -other sections of this Ordinance, the following minimum requirements shall be observed for yards and setbacks of motor fuel stations and convenience stores: Minimum lot Lot Width Front Yard Side Yard - adjacent Rear Yard Pump Setbac.' size one 200 60 interior .30 to street 60 50 40 acre feet feet feet feet feet feet 21.2(2)c Each side abutting a public street shall be considered a front yard. 21.2(2)d A setback of any overhead canopy weather projection free-standing or projecting from the station structure shall be not less than twenty (20) feet from the street right-of-way line or less than twenty (20) feet from the adjacent property line. 21.2(2)e Total height of any overhead canopy or weather �/ projection shall not exceed twenty (20) feet. (401) 102 21.2(3) Parking and Driveways 21.2(3)a The surface parking and service areas except for access driveways shall be no closer than twenty (20) feet from any exterior property line. 21.2(3)b Entire motor fuel station site other than that part devoted to landscaping and structures shall be surfaced with asphaltic or cement concrete surfacing to control dust and provide adequate drainage and such surfaces shall be designed to fit the requirements of a minimum seven (7) ton axle load. 21.2(3)c All interior curbs shall be constructed within the property lines to separate driving, parking and service areas from landscape and the public right-of-way areas. Such curbing shall be constructed of concrete and shall be of a six (6) inch non-surmountable design. 21.2(3)d All rental campers, trailers, or motor vehicles shall be stored within the rear and/or side yard not adjacent to the street. 21.2(3)f The minimum distance between driveways shall be thirty (30) feet measured along the property line. 21.2(3)g The minimum driveway angle shall be forty-five (45) degrees. 21.2(3)h All outside parking spaces ' shall be located in the side and/or rear of the principal structure not adjacent to the street. 21.2(3)i A minimum of four (4) outside parking spaces plus three (3) additional outside parking spaces for each enclosed service stall shall be provided. one (1) additional outside space shall be provided for each one hundred fifty (150) square feet of floor space devoted to retail sales in a motor fuel station convenience store. In the case of rental of trailers, trucks and other vehicles one (1) parking space shall be provided for each rental unit. 21.2(3)j All goods for sale by the motor fuel station or convenience store shall be displayed within the principal structure. There shall be no outside display or sales. 21.2(3)k Service station premises shall not be used as a place of storage for wrecked, abandoned or junked automobiles. No motor vehicle in need of repair shall be stored on the premises of a service station for a continuous period of more than seven (7) days, except when so stored pursuant to a police directive. (401) 103 21.2(3)1 Service station premises shall not be used as a place of sale or resale, or as a place for display for sale or resale, of new or used motor vehicles, trailers or campers. 21.2(3)m Access and parking areas shall be designated so as to provide an adequate means of access to a public alley or street. Said driveway access shall not exceed thirty (30) feet in width at the public street right-of-way line and shall be so limited so as to cause the least interference with the traffic movement. All public parking areas shall have access off driveways and not directly off a public street. All outside parking spaces shall be clearly marked on the pavement. 21.2(4) Architecture, Landscaping and Lighting 21.2(4)a A minimum twenty (20) foot landscaped yard shall be planted and maintained within all property lines except at driveway entrances. 21.2(4)b Each motor fuel station shall be architecturally designed so as to be compatible with the general architectural intent of the area in which it is located. 21.2(4)c For the purposes of architectural appropriateness, each and every side of the motor fuel station shall be considered a front face. 21.2(4)d Used oil cans, discarded auto parts, discarded tires, trash, waste materials, and similar items of debris shall not be stored on service station premises, unless such items of debris are located in an enclosure and are completely out of public view. Such debris shall be removed from the premises at least once a week. 21.2(4)e No materials shall be burned on the premises of a service station, except in an approved'*," commercial incinerator complying with the Ordinanc es of the municipality. Barrels and similar containers shall not be used for incineration. 21.2(4)f Tires for sale shall not be stored or displayed outside the service station structure, except (a) in a display rack during business hours, or (b) in a permanent outside display container located in conformance with the setback requirements of the Zoning Ordinance of the municipality and completely enclosable. Such display container shall be closed when the station is not open for business. (401)104 21.2 (4) g All outdoor illumination shall be provided with lenses, reflectors or shades which shall concentrate the lights upon the premises so as to prevent any glare or rays of light being directly visible upon adjacent street, roadway, or adjacent property. 21.2(4)h Wherever a motor fuel station abuts on a residential district, a fence or compact evergreen hedge not less than 50 percent opaque nor less than six (6) feet high shall be erected and maintained along the side and rear property line that abuts the residential district. Application of this provision shall not require a fence within fifteen (15) feet of any street right-of-way line. 21.2(4)i Open dead storage of motor vehicles shall not be permitted for a period of more than forty-eight (48) hours. 21.2(5) signs 21.2(5)a All signs shall conform with the district requirements in which the motor fuel station and convenience store is located. 21.2(5)b Banners, flags (other than the flags of the U.S.A. and the State of Minnesota and the United Nations) pennants and similar promotional display devices may be permitted for a period not to exceed thirty (30) days after the issuance of a certificate of occupancy. 21.3 DRIVE-IN AND FAST FOOD RESTAURANTS 21.3(1) All fast food and drive-in restaurants shall require the issuance of a conditional use permit as per Section 5.6 of this ordinance. Upon issuance, said permit shall be in force on a temporary basis for a period not to exceed fifteen (15) months from the date of issuance. if during this fifteen (15) month period construction is not completed, the conditional use permit shall be void. 21.3(2) Site Requirements 21.3(2)a Minimum lot area shall be one (1) acre. 21.3(2)b Parking and driveway areas shall be at least fifteen (15) feet from any exterior property line. 21.3(2)c A landscaping and lighting plan shall be submitted for approval. 21.3(2)d Signs shall be permitted as regulated by the zoning district. (401) 105 21. 3 (2) e Where the drive-in or fast food restaurant abuts an IIRII District, a landscaping screen or fence not over six (6) feet nor less than five (5) feet shall be constructed along the property line abutting the IIRII District. fence shall not be required within the front yard. 21.3(2)f All structures shall be finished on all exterior walls with the same material. 21.3(2)g Banners, pennants and other similar promotional devices shall not be permitted. 21.3(3)h Parking Requirement - One (1) space for each employee per shift in addition to at least one (1) parking space for each fifteen (15) square feet of gross floor area in the building as per Section 21.1(4)1 of this Ordinance. 21.4 OUTSIDE STORAGE IN RESIDENTIAL DISTRICTS 21.4(1) The outside storage of recreational equipment is permitted in one side only or rear yard in all residential zoning districts, provided that any such side yard storage shall not be adjacent to a street and further provided that all setback requirements shall. be met. Outside storage of vehicles and recreational equipment not originally constructed for recreational use shall not be permitted. 21.4(2) For the purposes of this Ordinance, recreational equipment shall include the following: 21.4(2)a Boats and canoes. 21.4(2)b All-terrain vehicles. 21.4(2)c Trailers for the transportation of boats, canoes and all-terrain vehicles. 21.4(2)d All motor vehicles designed, constructed, -or used to provide temporary, movable living quarters for recreational use. 21.4(2)e Travel trailers. 21.4(2)f Snowmobiles. 21.5 SIGNS Signs are a permitted accessory use in all use districts subject to the following regulations: 21.5(l) A sign is a structure or a part of a structure for the purpose of applying yard and height regulations. (401) 106 2 1. 5 (2) Signs and parts of the superstructure shall not extend into the required yards. 21.5(3) For purposes of selling or * leasing property, a sign not in excess of fifteen (15) square feet per surface may be placed within the front yard of such property to be sold or leased. Such signs shall not be less than fifteen (15) feet from the right-of-way line unless flat against the structure. 21.5(4) For the purpose of selling or prom.6ting a residential project of six (6) or more dwelling units, a commercial area of three (3) acres or more or an industrial area of ten (10) acres or tore, one sign not to exceed one hundred (100) square feet of advertising surface may be erected upon the project site. Such sign shall not remain after ninety (90) percent of the project is developed. 21.5(5) There shall be no more than one temporary (3 months or less) sign on any lot. The total area of such signs shall not exceed twenty-five (25) square feet. 21.5(6) The owner, lessee, or occupant of the land on which a ground sign is located shall keep the property on which the sign is located free of long grass, weeds or other rank growth, rubbish or debris. 21.5(7) All signs shall be maintained in a safe, presentable and structurally sound condition. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. 21.5(8) Permit Required Except as herein exempted, no person, firm or corporation shall install, erect, relocate, modify, alter, change the color or change the copy on any sign in the City without first obtaining a permit. (401) 107 21.5(8)a Application and Fee Application for permits shall be made in writing upon printed forms furnished by the City, and shall be accompanied by a complete description of the sign, its proposed location, the manner of construction and materials used in the sign, a sketch of the sign and such other information as the Code Enforcement Department deems necessary. Fees shall be established by resolution of the City Council. A triple fee shall be charged if a sign is erected without first obtaining a permit for such sign. 21.5(8)b Exemptions No permit shall be required for the following signs, provided, however that all signs herein exempted from the permit requirements shall conform with all other requirements of this ordinance: 1. Signs erected by a governmental unit. 2. Signs which are entirely within a building and not visible from outside such building. 3. Address, name plate and/or identification signs having an area of two (2) square feet or less. 4. Garage sale, rummage sale and other similar signs in conjunction with the sale of household goods and materials from private residences. 5. Real estate signs as regulated in Sections 21.5(3) and 21.5(4). 6. Election signs as regulated in Section 21.5(9). 21.5(9) Prohibited Signs Unless a sign is specifically permitted`' under this Ordinance, the sign is prohibited. By way of example and not by way of limitation, the following signs are specifically prohibited. 21.5(9)a Signs within the public right-of-way or easement except that the City Council may grant a Conditional Use Permit to locate signs and decorations on or within the right- of-way for a specified time not to exceed sixty (60) days. 21.5(9)b Illuminated flashing signs within the "R11, "B-111 or "B- 211 Districts. (401) 108 21.5(9)c In all districts, illuminated signs or devices giving off an intermittent, steady or rotating beam consisting of a collection or concentration of rays or lights. 21.5(9)d Any sign that, by reason of position, shape or color would interfere in any way with the proper functioning or purpose of a traffic sign or signal. 21.5(9)e Signs painted directly on the outside wall of buildings. 21.5(9)f Signs painted on fences, rocks, or similar structures or features in any district. 21.5(9)g Paper and similar signs attached directly to a building wall by an adhesive or similar means. 21.5(9)h Animated signs, lighter than air inflatable devices, string lights, strip lighting outlining structures, and signs attached or mounted on a vehicle parked primarily for use as a sign. 21.5(9)i Roof signs. 21.5(10) Signs existing on the effective date of this Ordinance which do not conform to the regulations set forth in this Ordinance or any previous ordinance are non- conforming uses. 21.5(11) Election signs. 21.5(11)a Election signs are permitted on private property in any district provided such signs are removed within . twenty (20) days following the election as related to the sign. 21.5(11)b No election sign shall be permitted in any 11R" District more than one (1) month preceding the election the sign relates to. 21.5(11)c No election sign shall be permitted on election day within one hundred (100) feet of the property on which a polling place is located. 21.5(12) Signs in "R11 Districts Within the IT" Districts the following signs are permitted: 21.5(12)a One (1) nameplate sign for each dwelling and such sign shall not exceed two (2) square feet in area per surface, and no sign shall be so constructed as to have more than two surfaces. A (401) 109 21.5 (12) b One (1) nameplate sign for each dwelling group of six (6) or more units, and such sign shall not exceed six (6) square feet in area per surface and no sign shall be so constructed as to have more than two (2) surfaces. 21.5(12)c One (1) nameplate sign for each permitted use or use by conditional use permit other than residential and such sign shall not exceed twelve (12) square feet in area per surface. 21.5(12)d Symbols, statues, sculptures and integrated architectural features on non-residential buildings may be illuminated by floodlights provided the direct source of light is not visible from the public right-of-way or adjacent residential district. 21.5(12)e Any sign over one (1) square foot shall be set back at least ten (10) feet from any property line. No sign shall exceed ten (10) feet in height above the average grade level. Signs may be illuminated but such lighting shall be diffused or indirect and not illuminated beyond any lot line. 21.5(13) Signs in the IIBII and "I" Districts 21.5(13)a Within the IIB-1111 "B -1A", "B-211 and IIB-411 Districts nameplate signs and business signs are permitted subject to the following regulations: 1. Within the "B-111 and IIB-lAII Districts the aggregate square footage of sign space per lot shall not exceed the sum of one (1) square foot per front foot of building plus one (1) square foot for each front foot of lot not occupied by a building. No individual sign shall exceed fifty (50) square feet in a IIB-111 area. 2. Within the "B-2111 "B -3", "B-411 and IIIII Use Districts, the aggregate square footage of such space per lot shall not exceed the sum,..:of two (2) square feet per front foot of building, plus one (1) square foot for each front foot of lot not occupied by such building which fronts on a public right-of- way fifty (50) feet or more in width. The least width of a lot for purposes of this Ordinance shall be the front. No individual sign surface shall exceed one hundred (100) square feet in area, nor shall two (2) or more signs be so arranged and integrated as to cause an advertising surface over one hundred (100) square feet. Where a B-4 District includes a theater, additional sign surface area may be permitted for the exclusive use of the theater. The total aggregate surface (401) 110 area permitted for theaters including any pylon, marquee or other signage shall not exceed two hundred (200) square feet. 21.5(13)b Pylon or Freestanding Sign - the erection of one (1) pylon type sign for any single lot in a "B-2111 "B-3011, "B-411 and "I" Use District is permitted under the following provisions: 1. No pylon or freestanding sign shall be located in a required yard area. In the case of a corner lot both sides fronting on a public right-of-way shall be deemed the front. 2. A pylon or freestanding sign shall not be higher than twenty-five (25) feet above the average grade level at the base of the sign. 3. No part of the pylon or freestanding signs shall be less than twenty (20) feet from a side lot line nor less than five (5) feet from any driveway or parking area. 4. No part or projection from a pylon or freestanding sign shall be less than fourteen (14) feet vertical distance above the grade level at the base of the sign. 5. The gross area of any surface of a pylon or freestanding sign shall not exceed one hundred (100) square feet. 21.5(13)c A comprehensive sign plan shall be provided for industrial developments. Such plan, which shall include the location, size, height, lighting and orientation of all signs shall be submitted for preliminary plan approval regulations to the Planning Commission. Provided such a comprehensive plan is presented, exceptions to the sign performance standards of this ordinance may be permitted if sign areas and densities for the plan as a whole are in conformity with the intent of this ordinance and if such exception results in an improved relationship between the various parts of the plan. (401) 111 SECTION 22. PLANNED UNIT DEVELOPMENT 22.1 PURPOSE AND DEFINITION This Section establishes provisions for the granting of a conditional use permit to provide for a Planned Unit Development project. The purpose of the Planned Unit Development is to encourage a flexibility in the design and development of land in order to promote its appropriate use; to facilitate the adequate and economical provisions of streets and utilities; and to preserve the natural and scenic qualities for open areas. Except as otherwise set forth in Section 13 hereof, a Planned Unit Development shall be defined as any project utilizing ten (10) or more acres of contiguous land wherein there is (a) more than one (1) principal building per lot, or (b) more than one (1) use per lot. 22.2 RIGHTS TO A PLANNED UNIT DEVELOPMENT The use of more flexible regulations in the development of land under the Planned Unit " Development Section may be approved if all of the conditions in Section 22.3 are found to exist and if it is determined that it is in the overall community interest to do so. The use of these techniques is not an assumed right, but is a discretionary privilege which may be granted by the City Council if in its determination the use of a Planned Unit Development process and land development is in the community interest and all of the conditions are adhered to. 22.3 APPROVAL AND ADMINISTRATION 22.3(l) The Planned Unit Development may be approved only if it satisfies all of the following standards: 22.3(1)a The Planned Unit Development is consistent with the Comprehensive Plan of the community. 22.3(1)b The Planned Unit Development is an effective and unified treatment of the development possibilities on the project site and the development plan provisions for the preservation of unique natural amenities such as streams, stream banks, wooded cover, rough terrain, and similar areas. 22.3(1)c The Planned Unit Development can be planned and developed to harmonize with any existing or proposed development in the areas surrounding the project site. (401) 112 22.3(1)d Financing is available to the applicant on conditions and in an amount which is sufficient to assure completion of the Planned Unit Development. 22.3(2) In the Planned Unit Development the number of dwelling units proposed for the entire site shall not exceed the total number permitted under the density control provisions of the zoning district(s) in which the land is located. If the Planned Unit Development is in more than one (1) zoning district, the number of allowable dwelling units must be separately calculated for each portion of the Planned Unit Development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire Planned Unit Development. 22.3(3) The Planning Commission shall determine the number of dwelling units which may be constructed within the Planned Unit Development by dividing the net acreage of the project area by the required lot area per dwelling unit which is required in the district in which the Planned Unit Development is located. The net acreage shall be defined as the project area less the land area dedicated for public streets, but shall include all lands to be conveyed to the City for public parks. No portion of any wetlands, to the average high water marking as indicated on the City's Wetlands Map, may be included for purposes of calculating land density. The project area includes all the land within the Planned Unit Development which is allocated. for residential uses, or for common open spade as defined in this Ordinance. Land to be dedicated for public streets. is to be excluded from the project area. 22.3(4) Coordination with Subdivision Control Ordinance. 22.3(4)a It is the intent of this Ordinance that subdivision review under the Subdivision Control Ordinance be carried out simultaneously with the review of a Planned Unit Development under this chapter of the Zoning Ordinance. 22.3(4)b The plans required under this section of the Ordinance must be submitted in a form which will satisfy the requirements of the Subdivision control Ordinance for the preliminary and final plans required under those regulations. (401) 113 22. 3 (4) c Performance Bond: The subdivider shall furnish a public contractor's performance bond as prescribed by Minnesota Statutes, with corporate surety in a penal sum equal to 125 percent of the Engineer's cost estimate for the required improvements to be furnished and/or installed by the subdivider. The performance bond shall be approved by the City Attorney prior to its acceptance. A certified check shall be submitted by the subdivider for the estimated inspection costs of the required improvements to be furnished and/or installed by the subdivider. Said check is to be submitted at the time of the submission of the performance bond. 22.3(5) All other development regulations not specified in the Planned Unit Development Section or specified as a condition to the conditional use permit shall apply as regulated in the zoning district in which the Planned Unit Development would be located. 22.3(6) It is the intent of this Section, Planned Unit Development, to provide a means to allow substantial variances from the provisions of this ordinance including uses, setbacks, height, and similar regulations not including parking requirements, off- street loading, necessary landscaping, and the like. Variances may .be granted for the Planned Unit Developments provided: 22.3(6)a Certain regulations contained in this ordinance do not realistically apply to the proposed development due to the unique nature of the proposed development. 22.3(6)b The variances, if granted, would be fully consistent with the general intent and purpose of this ordinance. 22.3(6)c The Planned Unit Development would produce urban development and urban environment of equal or superior quality to that which would result from strict adherence to the provisions of this ordinance. 22.3(6)d The variances will not constitute a threat to the safety, health, and general welfare of the owners or occupants of adjacent or nearby land, including property values, nor be detrimental to the health, safety, morals, and general welfare of the people of the community. 22.3(6)e The proposed development is of such a unique nature as to require consideration under conditions of the Planned Unit Development. (4 01) 114 22.3(6)f It shall be determined that the variances are required for a reasonable and practical physical development according to a comprehensive development plan and are not required solely on the basis of financial considerations. 22.4 PRE-APPLICATION CONFERENCE Before submitting an application for a Planned Unit Development, an applicant at his option may confer with the Planning Commission, and with the City Council at its next regular meeting following Planning commission review, to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data. Applications which have received pre-application conference review by the Planning Commission and City Council may proceed to the Preliminary Development Plan portion of the Planned Unit Development process. Subdividers of large scale developments which will be carried out in stages may elect to use the sketch plan procedure as an option to the pre-application conference. 22.5 SKETCH PLAN 22.5(1) An applicant shall make application for a conditional use permit for the approval of a Planned Unit Development in accordance with Section 5.6 of this Ordinance. The applicant will accompany his application with a sketch plan as specified in this section. 22.5(2) A sketch plan must include both maps and a written statement, and must show enough of the area surrounding the proposed Planned Unit Development to demonstrate the relationship of the Planned Unit Development to adjoining uses, both existing and proposed. 22.5(3) The maps which are part of the sketch plan may be in general schematic form, and must contain the following information: 22.5(3)a The existing topographic character of the land. 22.5(3)b Existing and proposed land 'uses and the approximate location of buildings, utilities, and unique development features of the site. 22.5(3)c The location of major thoroughfares. 2 2. 5 (3) d Public uses, including schools, parks, playgrounds, and other open spaces. (401) 115 22.5(4) The written statement to accompany the sketch plan must contain the following information: 22.5(4)a An explanation of the character of the Planned Unit Development and the manner in which it has been planned to take advantage of the Planned Unit Development regulations. 22.5(4)b A statement of proposed financing. 22.5(4)c A statement of the present ownership of all of the land included within the Planned Unit Development. 22.5(4)d A general indication of the expected schedule of development including progressive phasing and time schedules. 22.5(4)e The character and approximate density of dwelling units. 22.5(4)f Estimated industrial acreage and projected employment. 22.5(4)g Estimated square footage of commercial development. 22.5(4)h Estimated amount of developed open space. 22.6 APPROVAL OF THE SKETCH PLAN 22.6(1) The Planning Commission shall make recommendations regarding the Sketch Plan indicating approval, disapproval, or approval with modifications, and, give the reasons for these recommendations. 22.7 PRELIMINARY DEVELOPMENT PLAN 22.7(1) Staged Development. If a Sketch Plan has been approved, the Planning Commission may authorize the submission of Preliminary and Final Development Plans in stages according to the phasing and timing schedule indicated in the Sketch Plan. If a Preliminary Development Plan covering phase one (1) has not been submitted within three (3) months following the approval of the Sketch Plan, the Planning Commission may withdraw its approval of the Planned Unit Development. In its discretion and for good cause, the Planning Commission may extend for three (3) months the period for the filing of the Preliminary Development Plan. 22.7(2) Where the Preliminary Development Plan process has not been preceded by Sketch Plan review, the Preliminary Plan must include all of the information required in Section 22.5 of this ordinance. (401) 116 22.7(3) Every Preliminary Development Plan must include all of the following information: 22.7(3)a A map showing street systems, plot lines and plot designs. 22.7(3)b Areas proposed to be conveyed, dedicated, or reserved for parks, playgrounds, playways, school sites, public buildings, and similar public and semi-public uses. 22.7(3)c A plot plan for each building site and common open area, showing the approximate location of all buildings, structures and improvements and indicating the open spaces around buildings and structures. 22.7(3)d Elevation and perspective drawings of all proposed structures and improvements except single family residences and their accessory buildings. The drawings need not be the result of final architectural decisions and need not be in detail. 22.7(3)e A development schedule indicating (1) the approximate date when construction of the project can be expected to begin; (2) the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin; (3) the anticipated rate of development; (4) the approximate dates when the development of each of the stages in the development will be completed; and (5) the area and location of common open space that will be provided at each stage. 22.7(3)f Agreements, provisions, or covenants which govern the use, maintenance and continued protection of the Planned Unit Development and any of its common open areas. 22.7(3)g The following plans and diagrams: 1. An off-street parking and loading plan. 2. A circulation diagram indicating the proposed movement of vehicles, goods, and pedestrians within the Planned Unit Development and to and from existing thoroughfares. Any special engineering features and traffic regulation devices needed to facilitate or insure the safety of this circulation pattern must be shown. 3. A landscaping and tree planting plan. 4. An economic feasibility report or market analysis. (401) 117 22.8 APPROVAL OF PRELIMINARY DEVELOPMENT PLAN. 22.8(1) The applicant shall file the preliminary development plan with the Planning Commission. The Planning Commission shall give notice of a public hearing in conformance with Section 5.6.of this Ordinance. 22.8(2) The Planning Commission shall review the preliminary development plan and after the hearing forward the plan to the Council with a written report recommending that the plan be disapproved, approved, or approved with modifications, and give the reasons for these recommendations. 22.8(3) Within thirty days after receipt of the, report and recommendations of the Planning Commission, Council shall consider the preliminary development plan. At the time of consideration, Council may take f inal action to approve or disapprove the preliminary development plan or approve the preliminary development plan with modifications, or it may continue the discussion from time to time for further information and report from the Planning Commission. 22.8(3)a Upon approval of the Preliminary Development Plan by an affirmative vote of four - fifths (4/5) of all members thereof, the Council shall grant the conditional use permit. 22.9 APPROVAL OF FINAL DEVELOPMENT PLAN 22.9(1) Within six (6) weeks following the approval of the Preliminary Development Plan, the applicant shall file with the Council a Final Development Plan containing in final form the information required in the preliminary plan. In its discretion and for good cause, the Council may extend for six (6) weeks the period for the filing of the Final Development Plan. 22.9(2) The Council shall review the Final Development Plan and shall approve the Final Development Plan "if it is in substantial compliance with the Preliminary Development Plan. The City Clerk shall record the Final Development Plan in the manner provided for recording plats of subdivision. 22.10 FAILURE TO BEGIN PLANNED UNIT DEVELOPMENT If no construction has begun or no use established in the Planned Unit Development within one (1) year from the approval of the Final Development Plan, the Final Development Plan shall lapse and be of no further effect. In its discretion and for good cause, the Council may extend for one (1) additional year the (401) 118 period for the beginning of construction or the establishment of a use. 22.11 AMENDMENTS OF FINAL DEVELOPMENT PLAN No changes.may be made in the approved final plan during the construction of the Planned Unit Development except upon application to the appropriate agency under the procedures provided below: 22.11(1) Minor changes in the location, siting, and height of buildings and structures may be authorized by the Council if required by engineering or other circumstances not foreseen at the time the final plan was approved. 22.11(2) All other changes in use, or rearrangements of lots, blocks and building tracts, any changes in the provision of common open spaces, and all other changes in the approved final plan must be made by the Council, under the procedures authorized by this ordinance for the amendment of the conditional use permit. No amendments may be required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. 22.12 ENFORCING DEVELOPMENT SCHEDULE The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of- dwelling units. At least once every three (3) months following-the approval of the final development plan, the zoning administrator shall review all of the building permits issued for the Planned Unit Development and examine the construction which has taken place on site. If he shall find that the ' rate of construction of dwelling units is greater than the rate at which common open spaces and public and recreational facilities have been constructed and provided, he shall forward this information to the Council, which may revoke the Planned Unit Development permit. 22.13 CONVEYANCE AND MAINTENANCE OF COMMON OPEN SPACE 22.13(1) All land shown on the final development plan as common open space must be conveyed under one (1) of the following options: 22.13(1)a It may be conveyed to a public agency which will agree to maintain the common open space and any buildings, structures, or improvements which have been placed on it. (401) 119 22.13 (1) b It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the Planned Unit Development. The common open space must be conveyed to the trustees subject to covenants to be approved by the Planning Commission which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose. 22.13(2) No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use under this Ordinance. However, no change of use authorized under this Ordinance may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted under this Ordinance are expressly reserved. 22.13(3) If the common open space is not conveyed to a public agency, either one (1) of the following methods of enforcement must be provided: 22.13(3)a The legal right to develop the common open space for the uses not specified in the final development plan must be conveyed to a. public agency. 22.13(3)b The restrictions governing the use, improvement; and maintenance of the common open space must be stated as conditions to the conveyance of the common open spacel the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions. 22.13(4) If the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space may-'authorize a public agency to enforce their provisions. 22.14 STANDARDS FOR COMMON OR PUBLIC OPEN SPACE 22.14(1) The location, shape, size and character of the common open space must be suitable for the Planned Unit Development. 22.14(2) Common open space must be used for amenity or recreational purposes. The uses authorized for the common open space must be appropriate to the scale and character of the Planned Unit Development, considering its size, density, expected population, topography and the number and type of dwellings to be provided. (401) 120 22.14(3) Common open space must be suitably improved for its intended use, but common open space containing natural features worthy of preservation may be left unimproved. The buildings, structures and improvements which are permitted in the common open space must be appropriate to the uses which are authorized for the common open space and must conserve and enhance the amenities of the common open space having regard to its topography and unimproved condition. 22.14(4) The development schedule which is part of the development plan must coordinate the improvement of the common open space, the construction of buildings, structures, and improvements in the common open space, and the construction of residential dwellings in the Planned Unit Development. 22.14(5) If the final development plan provides for buildings, or structure improvements in the common open space the developer must provide a bond or other adequate assurance that the buildings, structures, and improvements will be completed. The Planning Commission shall release the bond or other assurance when the buildings, structures, or improvements have been completed according to the development plan. 22.15 GUARANTEE THE PROVISION OF COMMON OPEN SPACE The City Council may require adequate assurance, in a form and manner which it approves, that the common open space shown in' the final development plan will be provided. The following methods of assurance are intended as illustrative, and they may be used singly or in combination: 22.15(1) The Council may accept a bond, corporate surety, or other acceptable financial guarantee, in a form which complies with the provisions of the subdivision control Ordinance, and in an amount sufficient to purchase the common open space shown in the final development plan or alternative acreage which is equivalent in size and character. (401) 121 22.15(2) The land shown as common open space may be put in escrow, the escrow agreement to provide that the land is to be held in escrow until the City Council has certified to the escrow agent that the Planned Unit Development has been completed at which time the common open space is to be conveyed as provided by City Ordinance. The escrow agreement may provide for the release of the common open space by the escrow agent in stages, the Council to certify the completion of each stage of the Planned Unit Development to the escrow agent. The escrow agreement must provide that a portion of the open space is to be conveyed in the manner provided by City Ordinance, if the Planned Unit Development is not completed. In this event, the open space which is conveyed is to bear the same proportion to the open space provided on the final development plan as the dwelling units that have been built bear to the total number of dwelling units which are allowable by the final development plan. 22.15(3) If any of the Planned Unit Development which includes common open space is held by the developer on option, the developer may assign to the Council the right to exercise the option to acquire the common open space. 22.16 CONTROL OF PLANNED UNIT DEVELOPMENT FOLLOWING COMPLETION 22.16(1) The Council shall issue a certificate certifying the completion of each phase of the Planned Unit Development, and the City Clerk shall note the issuance of the certificate on the recorded final development plan. 22.16(2) After the Certificate of completion has been issued, the use of land and the construction, modification, or alteration of any buildings or structures within the Planned Unit Development will be governed by the approved final development plan rather than by any other provisions of this Zoning Ordinance. 22.16(3) After the certificate of completion has been issued, no changes may be made in the approved final development plan except upon application to the appropriate agency under the procedures provided below: 22.16(3)a Any minor extensions, alterations, or modifications of existing buildings or structures may be authorized by the Council if they are consistent with the purposes and intent of the final plan. No change authorized by this section may increase the cubic feet of any building or structure by more than ten (10) percent. (401) 122 22.16(3)b Any uses not authorized by the approved final plan, but allowable in the Planned Unit Development as a permitted use under the provisions of the Zoning Ordinance or permitted as a conditional use in the zone in which the Planned Unit Development is located, may be added to the final development plan under the procedures provided by the Zoning Ordinance for the approval of conditional uses. 22.16(3)c A building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final development plan unless an amendment to the final development plan is approved under this Ordinance. 22.16(3)d Changes in the use of common open space may be .authorized by an amendment to the final development plan under this Ordinance. 22.16(3)e All other changes in the final development plan must be made by the Council, under the procedures authorized by this Ordinance for the 'amendment of the zoning Ordinance. No changes may be made in the final ' development plan unless they are required for the continued successful functioning of the Planned Unit Development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the community. 22.16(4) No changes in the final development plan which are approved under this section are to be considered as a waiver of the covenants limiting the use of land, buildings, structures-l" and improvements, vithin the area of the Planned Unit Development, and all rights enforce these covenants against any changes permitted by this section are expressly reserved. (401) 123 SECTION 23 ADDITIONAL REQUIREMENTS, EXCEPTIONS AND MODIFICATIONS The requirements and regulations specified heretofore in this ' Ordinance shall be subject to the following: 23.1 Height limitations set forth elsewhere in this Ordinance shall be increased fifty (50) percent when applied to the following structures: 23.1(1) Church spires. 23.1(2) Belfries. 23.1(3) Cupolas and domes which do not contain usable space. 23.1(4) Monuments. 23.1(5) Water towers. 23.1(6) Fire and hose towers. 23.1(7) Observation towers. 23.1(8) Flag poles. 23.1(9) Chimneys. 23.1(10) Smokestacks. 23.1(11) Parapet walls extending not more than three (3) feet above the limiting height of the building. 23.1(12) Cooling towers. 23.1(13) Elevator penthouses. (401) 124 R-1 One Family Residential District MINIMUM LOT AREA 15,000 SO. FT. _.' - I - -1, te Lot Lot Front Side Rear NOTE: Height Area Width Yard Yard Yard 1 & 2 15,000 100 ft. 30 ft. 10 feet 30 ft. or stories sq. ft. on each 20% of side or average 1/2 of lot depth the height which- of the ever is structure greater contiguous to the side- yard, which- ever is greater, to a maximum of 15 feet 4:7 10 ,rl .oft U cig 2 >4 a) W 0 Z N C%3 > 0 CO 4-1 4) 134 > - 4-4 4) Q) a) 4-) 0 T5 4 4J 44 () (13 df 4J -rj 0) 0 04 p M C'4 'I $ t3l 4; 0 eq 4� 0 U') 4� 0 LO H 0 4� 0 44 � g 41 0 W M U. O CL as Q cc 0 .j U cig 2 >4 a) W 0 Z N C%3 > 0 CO 4-1 4) 134 > - 4-4 4) Q) a) 4-) 0 T5 4 4J 44 () (13 df 4J -rj 0) 0 04 p M C'4 'I $ t3l 4; 0 eq 4� 0 U') 4� 0 LO H 0 4� 0 44 � g 41 0 W M now - --1 San 0 I.: U. d 0 0 O O. CI LY 0 rc$ >4 ra �H 0) rn 0 Z 4 P 4J p a) 44 (13 tD a) > a) 4J 41 0 , rcl a) 44 A p ow (1) 4 U tp 00 > 0 -r-I cv) C,4 0 r-I 4 to 3.,q 44 4) 0 0 P 4J rO U) 0 p -H P 4J 4J CO (q 04() 0 >w 4 p tp � 0 w 4-) -ri 4 -rq a) a) g rO > 14 4 4J EO -1 En 4-) 44 U (0 a) a) r. (1) -H a) to 104 044 p H 4J 4-) () 4J 3 U) O 4� -44 to C%j H 4-) 0 0 a) (0 44 O 0 r4 4-) -rq M R-2 Two Family Residential District MINIMUM LOT AREA 15,000 SQ. FT. 7,500 SO. FT/UNIT'EXCEPT WHEN NOT SERVED BY PUBLIC WATER SYSTEM THEN 200' MINIMUM FRONTAGE& MINIMUM LOT AREA 30,000 SO. FT. . Lot Lot Front Side Rear NOTE: Height Area Width Yard Yard Yard 1 and 2 20,000 100 ft. 30 ft. 10 feet 30 ft.or story square or 1/2 the 20% of feet height of average the structure lot contiguous depth to-the side- which- yard, which- ever is ever is greater greater ss iii LAM CL •® 0-0- Mu F- x 00 0 Z U. O LL O. o ri - .9-- 6 z 2 LLJ LLI z Z_ W cc ui CL cr- 0 4; � 4; 4- 4a 4- 0 0 p aoo ro ON H CO C%3 N %D co r, 4� 4� 4� 4- 4a 4a CC v b v 0 In En (n 0 p 000 rd o cn to in Ln 0 r- %D kD � � � 44 44 44 0 0 p ro 000 W H o o col Cn Lo -q HI tD LO LO 0 0 >1 >, P 1 �4 0 0 0 4J -P 4J En En m C-4 C%l cn B-1 Limited Business District MINIMUM LOT AREA 15,000 SO. FT. NO PARKING PERMITTED IN FRONT SETBACK FLOOR AREA RATIO = 0.5 PARKING: AS PER SECTION 21 OF THIS ORDINANCE LANDSCAPING AND SCREENING: AS PER SECTIONS 4.17, 15 AND 21 SIGNAGE AS PER SECTION 21.5 Lot Lot Front Height Width Area Yard 1, 2 & 100 ft. 20,000 30 ft. story square feet Side Rear Yard Yard 20 ft. 30 feet or 1 1/2 times the height of the build- ing which- ever is greater. T =20' to NOW slow V r.-I i v Q w .J. N to w OC C7 N = o Q 0 ~ Q� P W cc Z a —w O a cc Z V) w0 WQ Q J �0 OD wQ af.. S OQ -i0 Cl) w Q to O LO II W - Q Q w F- CO IY Q E 0 20 `L LL f� ct O co w_ f -0i0 cc W O Of Jr W i �O i �O N �A � aJ aA t � w V ' z O W W 10 q H rt1 O O W cn >q Ln rn W H a W 0 4-) an N ci o 0 z N Fir H 0 zz H U WwW0 E a EO N pi U � (Cl 4-) w a a C, a ro pq 4 w H Az 4-)Io 0 �a � H$ M a m B-2 Neighborhood Business D. MINIMUM LOT AREA 15,000 SQ. FT. 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En % z 1-1 INDUSTRIAL DISTRICT FENCE REQUIRED BETWEEN INDUSTRIAL DISTRICTS & RESIDENTIAL DISTRICTS MINIMUM W HIGH AND 50% OPAQUE MINIMUM LOT AREA 1 ACRE NO PARKING IN FRONT YARD ABUTTING AN "R" DISTRICT = 20' BUILDING CAN OCCUPY 50% OF LOT AREA (MAXIMUM) 10 10' ABUTTING AN "R" DISTRICT = 100' _REAR L( LINE FLOOR AREA RATIO = 0.5 ABUTTING AN "R" 2o' . DISTRICT = 100' / SIDE OR REAR SETBACKS WAIVED WHEN ABUTTING RAILROAD TRACKAGE TO FACILITATE LOADING DOCKS NOTE: HEIGHT LIMIT 4 STORIES OR 45' PARKING: AS PER SECTION 21 OF THIS ORDINANCE LANDSCAPING AND SCREENING: AS PER SECTIONS 4.17, 19 AND 21 SIGNAGE: AS PER SECTION 21.5 ZONING ORDINANCE INDEX Accessory Structures 21 -22 Fences (Continued) I Business & Industrial Districts 30 Nuisance 24 Residential Districts 53, 54 Permit Requirement 24 Setbacks 3, 22 Residential Fence Requirements 24 Size 53 School Fences 52 Through Lots 21 Site Obstruction 23 Accessory Use 3 Tennis Courts 24 Definition 17 Floodplain District 27 -28 Agriculture Floor Area 8 Farming Operations 26 Floor Area Ratio 8 Roadside Sales 26 Front Yard Animals 4, 26, 54 See: Yard, Front Apartments See Residential District, R -3 Garage Appeals 35 -36 Definition 8 Automobile Repair 3, 99 Floor Elevation, Residential 22 Setback 21 Basement Size Requirement, R -1 District 34 Elevations, Floodplain 28 Garages Basement Requirements Business & Industrial Districts 30 R -1 District 34 Residential 53 Building Residential Districts 95 Definition 5 Gas Stations Building Code 35 See: Motor Fuel Stations 102 �.: -- - - -.� Building Height 5 Gasoline Storage 92 Building Permits 35 Grading Plan, R -1 District 34 Building, Principal 21 Building Story 15 Height Limitations 124 Business Districts B -1 Limited Business District 68 Industrial District 86 B -1A Business Park District 71 Building Additions 30 B -2 Neighborhood Business District 73 Building Design 29 -30 B -3 General Business District 77 Building Permit Approval 29 B -4 Shopping Center District 82 - 85 General Requirements 29 Building Additions 30 Interior Remodeling 30 Building Design 30 Landscaping & Screening 92 Building Permit Approval 29 Landscaping Requirement 30 -33 General Requirements 29 Maintenance Standards 93 Interior Remodeling 29 Parking Requirements 95 Landscaping 29 -33 Setbacks, Corner Lot 29 Signs 111 Comprehensive Plan Amendment 46 -48 Trash Handling 30 Conditional Use Permit 40 -43 Conditional Use Permit, PUD 40-43,66-67,112-123 Junk Vehicles 96,103 Fences Kennels 26 1 Business & Industrial Districts 25, 33 1, Height, Side Yard 24 Lakebed Maintenance 24 Excavation 28 Maintenance Standards 93 Filling 28 ZONING ORDINANCE INDEX PAGE 2 Land Reclamation 26 ( Landscaping Business & Industrial Districts 30 -33 Industrial District 92 Maintenance Standards 93 Sight Obstructions 23 Lighting 93 Loading Spaces 94,100,101 Lot, Corner Business District Setbacks 29 Front Yard Requirement 23 Sight Obstructions 23 Lot Size 21 Lot, Through 21 Lot Width Definition 10 Mining 11, 26 Monuments Height Provisions 124 Motel Parking Space Requirements 98 Motor Fuel Station 102 -105 Parking Requirement 99 Neighborhood Business District B -2 District 73 Noise 92 Non - Conforming Structure 12,16,19 -21 Non - Conforming Use 12,17,19, 20 Nuisances 34 Occupancy Certificate 36 -37 Oil Storage 92 Outdoor Storage Business & Industrial Districts 30 Residential Districts 34,106 Parking Access Requirement 96 Business & Industrial Districts 30, 95 Calculation of Space Requirements 94 Curbing 97 Junk Vehicles 96 Landscaping 97 Lighting 97 Off - Street Parking and Loading 94 Off - Street Parking Maintenance 97 Office Building Parking Spaces 99 Parking (Continued) Parking Space Requirements, All Districts 97 -100 Residential District Restrictions 95, 98 Space Width/Length 95 Surfacing Requirement 97 Parking, Site Plan Requirement 94 Parking Space, Definition 13 Parking Space, Handicapped 13 Planned Unit Development Failure to Proceed 119 Regulations 113 -123 See also: Conditional Use Permit, PUD Planned Unit Development District 66 -67 Rear Yard See Yard, Rear Residential Districts (General) 34 -35 Driveways 34,35 Fence & Landscaping Maintenance 93 Off - Street Parking 94 - 95 Outside Storage 106 Residential District: R -1 District 51 -53 Accessory Structures 54 Basement Requirement 34 Curb Cuts 35,130 Driveways 34 -35 Fence & Landscaping Maintenance 93 Garage Requirement 34 Grading Plan 35 House Width/Length 34 Minimum Requirements 34 -35 Outside Storage 106 Off - street Parking Permitted Uses 52 - 53 Roof Pitch 35 Size Requirement 34 Wood Storage 34 Residential District, R -1A 55 Residential District, R -1B 56 Residential District, R -1C 57 Residential District, R -2 58 Residential District, R -3 60 Residential Dwellings Minimum Size 34 Restaurants, Fast Food 105 Parking Space Requirements 99 Rezoning 43 -46 Roof Pitch Requirements 34 Roof Signs 109 ZONING ORDINANCE INDEX PAGE 3 Sanitary Sewer Requirement 29 Veterinary Clinics 74 Schools Violations 37, 49 Parking Space Requirements 98 Semi - Trailers 95 Warehouses Septic Systems 29 Parking Requirements 100 Setbacks 14 Water Connection Requirement 29 Business District Corner Lot 29 Water Tower Height 124 Pump 13 Wetlands R -1 District 54 See: Floodplain District 28 Schools 52 Wood Storage Shopping Center 82 Residential 34 Side Yard 18 Sight Obstructions 23 Yard Signs Allowed Encroachments 22 Business and Industrial Districts 110 Definition 18 Definition 14 -15 Required Yard & Open Space 22 Election Signs 109 Yard, Front 18,23 Gross Area 15 Fence Height 24 Industrial District 111 Yard, Rear 10, 18 Non - Conforming 20 Yard, Side 18 Parking Area Location 97 Prohibited Signs 108 Zoning Administrator 35 Requirements, All Districts 107 Zoning Ordinance Amendments 45 -46 Residential Districts 109 -110 Roof Signs 109 Soil Processing 27 Stable Setbacks 26 Stadiums Parking Requirements 94 Statues 110 Storage 96 Gas and Oil 92 Storage Standards, all Districts 93 Structure, Non - Conforming See: Non - Conforming Structure 16 Tennis Court Fence 24 Through Lot Through Lots 9 Accessory Structures 21 Toxic Materials 91 Trucks 95 Use, Accessory See Accessory Use {� Use, Non - Conforming See Non - conforming Use Variance 38 -40