Ord 181 Amend Zoning Ord 401CITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING THE MENDOTA HEIGHTS ZONING ORDINANCE
Section 1. ordinance No. 401 entitled "The Mendota Heights
Zoning Ordinance" is hereby amended in the following respects:
A. Paragraphs 3.2(3), 3.2(28); 3.2' (42) 3.2(78) of Section 3
of said ordinance are hereby amended in'their entirety so
that as I so amended said paragraphs shall read as follows:
3.2(3) Zoning Administrator: The duly appointed City
Administrator.
3.2(28) Conditional Use Permit: A permit specifically
and individually granted for a conditional use in any
district.
3.2(42) 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(78) 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.
B. Paragraphs 3.2(47) and 3.2(56) of Section 3 of said
Ordinance are deleted in their entirety.
C. The following additional paragraphs are hereby added to
Section 3 of said ordinance:
3.2(36)a Earth Sheltered Structure: A building designed
by a registered architect or engineer and constructed so
that the surface area of the building, excluding garages
or other accessory buildings, is partially sheltered with
earth.
3.2(59)a Land Reclamation: Restoration of land to usable
form by depositing of clean fill materials so as to elevate
the grade.
3.2(78)a Motor Home: All motor vehicles designed, con-
structed, or used to provide movable living quarters for
recreational use.
a
3.2(78)b 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(96)a Parking Space, Handicapped: A surfaced and main-
tained area (121 x 20') for the parking of one standard
automobile and identified for use by handicapped individuals.
D Paragraphs 4.6(3)c, 4.6(3)d, 4.8(2)a, 4.8(2)b, 4.8(2)c,
4.14 and 4.15(3) and 4.16(1) of Section 4 of said Ordinance are
hereby amended in their entirety so that as so amended said
paragraphs shall read as follows:
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 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.
4.8(2)a Fences in excess of thirty (30) inches in height
extending across front yards or along that portion of the
side lot line equal to the required front yard setback shall
require a conditional use permit.
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. Fences in excess of
six (6) feet in height shall require a conditional use
permit.
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 shall not be fenced to a height of more than
thirty (30) inches.
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(3) 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 con-
struction, 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 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
Statutes.
Construction of streets, residences and other buildings at
elevations below design flood elevations may be permitted
if adequate flood protection is provided. Any flood pro-
tective works must be approved in writing by the City
Council prior to the granting of building permits.
4.16(l) It is the policy of the City that there be no future
development in the City that is not served by the City munici-
pal sanitary sewer and water 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.
E. Paragraph 4.6(3)f of Section 4 of said ordinance is deleted
in its entirety.
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F. The following additional paragraphs are hereby added to
Section 4 of said Ordinance:
4.6(3)h Accessory structures except that no accessory
structure shall be closer than five (5) feet from any
side or rear lot line.
4.8(1)c All fences shall be located entirely upon the
private property.of.the persons, firms or corporation
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)d Every fence shall be constructed in a substan-
tial, workmanlike manner and of substantial material
reasonably:suited for the purpose for which the fence
is 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)e All fences located in front yards shall be con-
structed in such a manner that thirty .percent (30%)'of.
the plane between the grourid and the top of.the fence
is open.
4.8(1)f 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)g 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)h Fence height shall be measured at a point six
inches (6") below the top of the supporting posts or the
top of the material between the supporting posts, whichever
is higher.
4.8(2)d Chain link fences used for the enclosure of tennis
courts shall not exceed ten (10) feet in height, shall not
be located within the required front yard and shall be
subject to the same conditional use permit requirements
as required under Section 418(2)b.
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4.8(2)e Chain link 'fences. shall .be :constructed in. such
a manner that no barbed ends shall be at the top. *
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(1) All applications for building permit*s.shall be
submitted for City.Couhcil approval and shall comply
with the provisions of.Sectioh 16*.'4 of.this'ordinance.
G. Paragraphs. 5.2,.5.2(l).;,5 ' '2 (2).;. 5 :2 (3) ;..'5.2(4) r-,'5.*2*(5)'r'
1 5. 2 (5) ; 5. 4 (4)-, 5- 5* (2) 5.. 5'(2 .. . r
5.4(4) . )* a, 5' 5'(2 .)* C, - 5 '6 (2) -
5.6 (3) , 5.7, 5.7 (1) , 5 :7 (2) 5 :7 (3) ;: 5.'7(3) a, - 5.7 "(4) 5:7:(5) ,
5.7(6), 5.8 and 5.9 of Section.5 of. said *Ordinance are hereby
amended in their entirety so that as so amended said para-
graphs shall read as follows:
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 institute in the name of the
City of Mendota Heights appropriate actions or proceedings
against a violator as provided by law.
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
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of this ordinance have been met.
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 applica-
tion and the following supportive 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)c 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.
5.6(2) Application for Conditional Use Permit - All appli-
cations 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. Except
as otherwise noted herein, the application, public hearing,
notice and procedure requirements for conditional use permits
shall be the same as those for rezoning as provided in
Section 5.7 of this ordinance.
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.
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 pro-
posed to be changed; (2)'a recommendation of the Planning
rnrnmi-_-_inn: 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 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 -fifteen (15),copies of .a set of plans and
Me
graphics containing the following information and
folded, where necessary, to the size of eight and
one-half by eleven (81-
,, 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 and fifty *(350) feet of
the exterior boundaries of the property in
question.
3. Floor area ratio.
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.
5.7(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.
5.7(5) Planning Commission Notice and Hearing on Applica-
tion for Rezoning
5.7(6) The Council shall hold a public hearing... rezoning
may be referred to the Planning Commission for its
considerations and recommendations.
5.8 Fees
The base fees to be paid for each application for rezoning,
variance, conditional use permit or amendment initiated
by the owner or owners of the property involved shall be
as hereinafter prescribed. Base fees shall be payable
at the time applications are filed with the City Clerk and
shall not be refundable unless said application is with-
drawn prior to referral to the Planning Commission. The
base fees hereinabove referred to shall be as follows:
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a. Applications for Rezoning or
Amendment $250.00
b.
Application
for
Conditional
Use
Permit
350.0.0
c.
Application
for
Conditional
Use
Permit for
Planned Unit'
Development
500.00
d.
Application
for
Conditional.
Use
Permit, Minor
150.00
e.
Variance in
R-1
or R-lA.
1 35.00
f. Variance in all other Districts 100.00
Additional escrow deposits may.be required to be submitted
with planning applications to defray anticipated City
expenses incurred in connection with the application.
The City Clerk shall be responsible for estimating said
anticipated expenses, and the escrow shall be submitted
along with the base application fees. Any unused escrow
amount shall be returned to the applicant. Any expenses
incurred by the City in excess of the escrow shall be
billed to the applicant after all City costs have been
determined.
Special Meetings - ' In those cases where an applicant
requests that a special meeting be conducted for considera-
tion of a planning application, and.sudh request is deemed
to be appropriate by the decision-making body, a fee of
$200.00 shall be required. Requests for special meetings
shall be made in writing to the City'.Clerk'and.shall
state the extraordinary circumstances on which the request
is based.
5.9 Violations and Penalties
Any person, firm, corporation or.volurita*ry association
which violates or refuges to comply with any of the provi-
sions of this ordinance shall be guilty of a misdemeanor,
and upon conviction thereof.be subject to a fine of not
more than Five Hundred Dollars ($500 * 0'0)*for every offense
or to imprisonment not exceeding ninety t.(90),days. Each
day that a violation is permitted to exist may constitute
a separate offense.
H. Paragraph 5.2(6) of Section-5 of,.said ordinance is deleted
in its entirety.
I. The following additional paragraphs are hereby added to
Section 5 of said Ordinance:
W
5.6(2)a Application for Conditional.Use Permit, Minor. -
An application for a conditional use permit for installation
of an accessory structure, as required by paragraphs 7.2(7),
or fence, as required by Section 7.2(9)',* in residentially
zoned districts shall be considered to be a minor condi-
tional use.
5.7.A Amendments
5.7.A(1) The City Council may,, by an affirmative.vote of
four-fifths (4/5) of.all members thereof, adopt amendments
to the Zoning Ordinance. .
5.7.A(2) Initiation of Amendment - Proceedings for amend-
ment 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. '
5.7.A(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.
5.7.A(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.
5.7.A(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 and 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.
5.7.A(6) The Council shall hold a public hearing within
thirty (30) days after the receipt of the report and
recommendations from the Planning Commission. If the
Planning Commission fails to make a report to the Council
within sixty (60) days after the referral of the applica-
tion, then the Council shall hold a public hearing within
thirty (30) days after the expiration of said sixty (60)
day period. Failure to receive a report from the Planning
Commission as herein provided shall not invalidate the pro-
ceedings or action of the Council. The Council shall give
not less than ten (10) days nor more than thirty (30) days
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notice of time and place of such hearing published in the
designated legal newspaper for the City. , At the time of
hearing, the Council may take final action upon the
application or it may continue the hearing from time to
time for further investigation and hearing. The Council
may also request further information and report from the
Planning Commission.
J. Paragraphs 7.3(2) and 7.3(7) of Section 7 of said
Ordinance is hereby amended in their'entirety,,so that as so
amended said paragraphs shall read as follows:
7.3(2) Private swimming pool,. as regulated by Ordinance
No. 503, and tennis court.
7.3(7). Fences as regulated in this Ordinance.
K. The following additional paragraph is hereby added to
Section 7 of said Ordinance.
7.2(10) Fences as described in Section's'4.8'(3)b and
4.8(2)a of this Ordinance. I
L. Paragraphs 10.1 and 10.2(5),of.Section 10 of said Ordinance
are hereby amended in their entirety so that as so amended
said paragraphs shall read as follows:
10.1 Permitted Uses
Within the "R-3", Multiple Family Re.side'ntial.District, no
structure or land shallbe-used except for one or more
of the following uses. All applications for building
permit within the "R-3," District shall be submitted for
City Council approval prior to issuance.
10.2(5) Private swimming pools intended for and used
solely by the occupants of the property.on which it is
located and their guests, provid6d-(a)'that the water
surface of said pool is located not less than fifty (50)
feet from any.lot line; (b) that the pump and filter
installed be 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.
M. Paragraph 11.3(4) of,Section 11 of said.Ordinance is
hereby amended in its entirety..,so that as so amended.said
paragraph shall read as follows:
11.3(4) Fences as regulated by,this'ordinance.
N. The following additional paragraph is'hereby.added to
Section 11 of said Ordinance:
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11.5 General Requirements as specified in Section 4.17
of this ordinance. '
O. The following additional paragraph is hereby added to
Section 12 of said Ordinance:
12.5 General Requirements as specified in Section 4.17
of this Ordinance.
P. The following additional paragraph aph is'hereby added to
Section 13 of said Ordinance:
13.5 General Requirements as specified in Section 4.17
of this ordinance.
Q. The following additional paragraph is hereby added to
Section 14 of said Ordinance:
14.4(6) General Requirements as specified in Section 4.17
of this Ordinance.
R. The following additional paragraph is hereby added to
Section 15 of said ordinance:
15.9 General Requirements as specified in Section 4.17
of this Ordinance.
S. Paragraphs 16.3(5) and 16.5(1) of Section 16 of said ordinance
are hereby amended in their entirety so that as so amended said
paragraphs shall read as follows:
16.3(5) Fences as regulated by this ordinance.
16.5(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 18.4
and other sections of this ordinance.
T. The following paragraph is hereby added to Section 16 of
said ordinance:
16.9 General Requirements as specified in Section 4.17
of this ordinance.
U. Paragraphs 18.1(12), 18.4(4)1 and 18.4(4)p of Section 18
of said ordinance are hereby amended in their entirety so
that as so amended said paragraphs shall read as follows:
18.1(12) 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. No election sign shall be permitted in any I'R"
District more than one month preceding the election the
sign relates to. No election sign shall be permitted on
election day within one hundred (100) feet of the property
on which a polling place is located.
18.4(4)1 Drive In and Fast Food Restaurant - ' One :(l) 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 18.6(3)
of this Ordinance.
18.4(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.
The following additional paragraphs are hereby added to
Section 18 of said Ordinance:
18.7 outside Storage in Residential Districts
18.7(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.
18.7(2) For the purposes of ' this Ordinance, recreational
equipment shall include the following:
18.7(2)a Boats and canoes
All terrain.vehicles
Snowmobiles
Trailers for the transportation of the above
All motor.vehicles designed), constructed, or
used to provide temporary,,.- movable living
quarters for recreational use.
Travel trailers
W. All references in said Ordinaace -to.Village -of.Mendota
Heights or Village shall be deemed to mean City .of.Mendota
Heights or City as the case may be.
-Section 2. This Ordinance shallbe -in full force and effect
from and after its publication according to law. ,
Enacted and ordained into an Ordinance this 4 day .of Z/,5 7,
1981.
CITY OF MENDOTA HEIGHTS
ATTEST: 'By 94_trc_� —
Robert G. Lockwood
Mayor
KVt—hleen M. Swanson
City Clerk*