Ord 58 Amend Zoning Ord 32ORDINANCE NO. 5
Village of Mendota Heights
Dakota County, Minnesota
AN ORDINANCE AMENDING ORDINANCE NO. 32
ENTITLED "THE ZONING ORDINANCE OF MENDOTA
HEIGHTS, RELATING TO A COMPREHENSIVE AMEND-
MENT AND REZONING OF THE VILLAGE, AMENDING
ZONING ORDINANCE NO. 5 ORIGINALLY PASSED
BY THE VILLAGE OF MENDOTA HEIGHTS ON MAY 1,
1956, AS AMENDED"
The Village Council of the Village of Mendota Heights ordains
as follows:
SECTION I. Ordinance No. 32 entitled, "The Zoning Or-
dinance of Mendota Heights, Relating to a Comprehensive
Amendment and Rezoning of the Village, Amending Zoning Or-
dinance No. 5 Originally Passed by the Village of Mendota
Heights on May 1, 1956, as Amended" is hereby amended in
the following respects:
A. Section 4.6 of Section IV of said ordinance is
hereby amended by adding thereto a new Section 4.6A
providing as follows:
Section 4.6A Front Yard Requirements.
4.6A(1) Each lot shall have a front yard of
not less than thirty (30) feet in
depth facing any street or road.
4.6A(2) Whenever buildings have been built on
one side of the street between two
intersections no building shall here-
after be erected to extend so as to
project beyond a line drawn between
the forward most portion of the first
adjacent building on each side.
4.6A(3) 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 30 feet of the front
yard of the first adjacent
building.
4.6A(4) subparagraph 4.6A(2) and 4.6A(3)
above shall not be applied so as
to require a front yard in excess
of one-third of the average depth
of the lot.
B. Sections 5.1, 5.2 and 5.3 of Section V of said ordinance
are hereby repealed in their entirety and in place
thereof Section 5.1 is hereby added to provide as
follows:
Section 5.1 Administration and Enforcement.
This ordinance -shall be administered and enforced
by the Village Council and by such employees,
representatives or agents of the Village as may
be appointed or designated from time to time by
the Village Council. Any references in this or-
dinance to the Zoning Administrator shall be
deemed to mean the Village Council.
C. Section 5.7(3) of Section V of said ordinance is hereby
amended so as to read as follows:
5.7(3) Application for Amendment. All appli-
cations for amendments which are initiated by
the petition of the owner or owners of property
and which application or applications involve
the change of zoning districts and boundaries
thereof shall be filed with the Village Council.
The application shall be accompanied by the fee
hereinafter provided and by an abstractor's cer-
tified property certificate showing the pro-
perty owner and the owners of all property situ-
ated within three hundred (300) feet of the
outer boundaries of the property in question.
D. Section 5.7(5) of Section V of said ordinance is hereby
amended so as to read as follows:
5.7J5) Planning Commission Notice and Hearing on
App ication. The Planning Commission shall hold
a public nearing affording an opportunity for
all arties interested to be heard and at least
ten M) days before said hearing shall give
mailed notice to the owner or owners and to
each of the property owners within three hundred
(300) feet of the outside boundaries of the land
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proposed to be rezoned. Such notice shall
contain the description of the land proposed
to be rezoned and the proposed change in
zoning. Failure of the Planning Commission
to mail the notice or failure of the property
owners to receive the notice shall not invali-
date 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.
E. Section 5.8 of Section V of said ordinance is hereby
amended so as to read as follows:
Section 5.8 Fees. The fees to be paid for each
application for rezoning, variance, or conditional
use permit initiated by the owner or owners of
the property involved shall be as hereinafter pre-
scribed. Fees shall be payable at the time ap-
plications are filed with the Village Council
and shall not be refundable unless said appli-
cation is withdrawn prior to referral to the
Planning Commission. There shall be no fee in
the case of applications filed in the public
interest by the Village Council or by the Plan-
ning Commission. The fees bereinabove referred
to shall be as follows:
. �
Applications for rezoning - $ /6
Application for a condi-
tional use permit or a
variance (other than a
variance request with re-
spect to property situated
in an area zoned for one
family residences)
F. Section 6.1 of Section VI of said ordinance is hereby
amended so as to add thereto as an additional industrial
district the following:
I-lA Indus trial '.park District.
G. Section 6.3(2) of Section VI of said ordinance is
hereby repealed in its entirety.
H. Section Eleven (XI) of said ordinance is hereby
amended so as to read in its entirety as follows:
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Section Eleven I'R- A" Multiple Family Residential
District.
Section 11.1 Permitted Uses. Within the R-3A
Multiple Family Residential District no struc-
ture or land shall be used except for one or
more of the following uses:
11.1(1) Dwelling structures of two or
more units.
11.1(2) Public parks and playgrounds.
11-1(3) Those uses listed and as re ulated
under Sections 7.10), 7-M) and
7.1(5).
Section 11.2 Conditional Uses. Within the R-3A
District no structure or land shall be used for
the following uses except by conditional use
permit:
11.2(1) Single Family Residence.
11.2(2) Private clubs and lodges which are not
operated for profit.
11.2(3) Fraternity and sorority houses.
11.2(4) Private schools, universities and
colleges.
11.2(5) Private swimming pools intended for
and used solely by the occupants of
the property on which it is located
and their guests, provided the water
surface of said pool is located not
less than fifteen (15) feet from any
lot line, that the pump and filter
installed be not less than twenty-five
(25) feet from any lot line and that
the pool area be so fenced as to pre-
vent uncontrolled access from the
street or from adjacent property.
11.2(6) Accessory structures other than private
garages.
11.2(7) Those uses listed and as regulated, in
Sections 7.2(3), 7.2(4), 7.2(6) and
10.2(6).
Section 11.3 Permitted Accessory Uses. Within
the R -3A District the following uses shall be
permitted accessory uses:'
11.3(1) Any use permitted in Sections 7.3(l),
7.3�2l, 7.3(3), 7.3(4), 7.3(5) and
7.3 7 of this ordinance and as regu-
lated therein but subject to such
further restrictions and regulations
as applicable and specified herein.
Section 11.4 Lot and Building Area and Building
Heights Requirements and Limitations.
11.4(1) No limit shall be placed on the height
of buildings in the R -3A District.
11.4(2) The following minimum yard requirements
shall be observed:
a. Front yard of at least 50
feet plus 1 foot per each
1 foot of building height
over 75 feet.
b. Side and rear yards of
at least 40 feet plus one -
half foot per 1 foot of
building height over 75
feet.
c. No principal building housing
more than two dwelling units
shall be less than 50 feet
from any other such building.
d. No lot or tract shall be
developed separately if its
width is less than 150
feet.
e. No lot shall be developed
separately if its area is
less than 20,000 square feet.
Lots not served by a public
sewerage system shall have a
minimum lot area of 305000
square feet or 10,000 square
feet of lot area per dwelling
unit, whichever is greater.
11.4(3) The following per unit minimum floor
area requirements shall be observed:
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Efficiency Units - Not permitted
One- Bedroom Units - 750 square feet
Two- Bedroom Units 800 square feet
Three or More Bedroom
Units 1,000 square feet
-� 11.4(4) The following minimum lot area require -
ments shall be observed:
11.4(5) The total minimum lot area requirements
herein may be decreased by 300 square
feet for each parking space that is
provided under a multiple family
building.
Section 11.5 Off- Street Parking Requirements. In
addition to the applicable provisions of Section XXI
of this ordinance, the following minimum parking
space and parking lot requirements shall apply in
the R -3A District:
11.5(1) A minimum of two 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 10 feet.
All enclosed parking spaces shall
be designed with sufficient access
area to allow temporary parking
of vehicles on the access way with-
out interfering with access to other
required parking spaces.
11.5(2) Parking lots or other unenclosed
arking spaces shall be at least
0 feet from any public street and
at least 20 feet from any lot line.
Parking areas shall be at least 10
feet from any principal use building
unless the parking area is enclosed
as an integral part of such building.
1- Bedroom
2- Bedrooms
3 or more
Bedrooms
1 story
5050
sq.
ft,
6000
sq.
ft.
6630
sq,
ft-
2 story
4400
sq.
ft.
5220
sq.
ft.
5770
sq.
ft.
3 story
4080
sq.
ft.
4840
sq.
ft.
534o
sq.
ft.
4 story
2795
sq,
ft,
3444
sq.
ft.
4085
sq.
ft.
5 story
2595
sq.
ft.
3200
sq.
ft.
3825
sq.
ft.
6 story and
up 2415
sq.
ft.
2980
sq.
ft.
3575
sq.
ft.
11.4(5) The total minimum lot area requirements
herein may be decreased by 300 square
feet for each parking space that is
provided under a multiple family
building.
Section 11.5 Off- Street Parking Requirements. In
addition to the applicable provisions of Section XXI
of this ordinance, the following minimum parking
space and parking lot requirements shall apply in
the R -3A District:
11.5(1) A minimum of two 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 10 feet.
All enclosed parking spaces shall
be designed with sufficient access
area to allow temporary parking
of vehicles on the access way with-
out interfering with access to other
required parking spaces.
11.5(2) Parking lots or other unenclosed
arking spaces shall be at least
0 feet from any public street and
at least 20 feet from any lot line.
Parking areas shall be at least 10
feet from any principal use building
unless the parking area is enclosed
as an integral part of such building.
11-5(3)
The maximum width of any driveway
shall be 24 feet. The minimum distance
between curbs of driveways at the
right-of-way line shall be 20 feet.
Any aisle providing access to parallel
rows of spaces shall have a minimum
width of 24 feet.
11.5(4)
No driveway shall be less than 50 feet
from any street intersection.
11.5(5)
Minimum driveway angle from a two-way
access street shall be 60 degrees; from
a one-way street it shall be not less
than 30 degrees.
11.5(6)
All parking areas and driveways shall
be surfaced and curbed with either
cement, bituminous surfacing or com-
parable material to provide a hard,
all weather surface and to delineate
the edges of all parking areas and
driveways. Bumper stops of similar
material shall be provided for each
parking space.
11.5(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 foot wall of masonry or wood.
Such wall shall be at least 85 percent
opaque.
Section 11.6 Architectural Controls. Any building
which will contain dwelling units for two or more
families in the R-3A District shall be constructed
only in conformance to building and site plans cer-
tified 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 pro-
posed buildings in accordance with the site plan,
the terrain and neighboring conditions. No building
permit will be issued when these conditions are ap-
plicable until appropriate certificates and plans
shall be submitted to indicate the following:
11.6(1) Complete details of the proposed site
development including location of
buildings, driveways, parking spaces,
dimensions of the lot, lot area and
yard dimensions.
11.6(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 times the
cost of landscaping and screening shall
be required to guarantee the placement there-
of as set forth in said plans.
11.6(3) Complete plans for proposed sidewalks
to service parking, recreation and
service areas within the proposed
development.
11.6(4) Complete plans for storm water
drainage systems sufficient to drain
and dispose of all surface water ac-
cumulations within the area.
11.6(5) Complete structural, electrical and
mechanical plans for the proposed
buildings.
11.6(6) Complete plans and specifications for
exterior wall finishes proposed for
all principal and accessory buildings.
Section 11.7 Structural, Electrical and Mechanical
Requirements. In addition to other applicable con-
trols and regulations specified in this ordinance
and the building code of the Village all principal
use buildings in the R-3A District shall conform
to the following requirements:
11.7(1) All mechanical and electrical systems
shall be designed and certified by
a registered engineer.
11.7(2) Pans foE anyult* le fa i welling
0 more han two Hpors sWaPy Me a
structural system designed and certi-
fied by a registered structural en-
gineer.
11-7(3) Multiple-family buildings with dwelling
units on more than three floors shall
be of Type I or Type II construction
as defined in the 1964 edition of the
Uniform Building Code.
50019
11.7(4) All multiple dwellings shall
be designed and constructed with
windows that are easily opened from
the inside for emergency exit.
11.7(5) Any air conditioning systems proposed
shall be of sufficient capacity to
cool the intended area.
11.7(6) No air conditioning unit shall pro-
trude from any exterior wall unless
it is designed to appear as an in-
tegral part of such wall.
11.7(7) No dwelling unit shall be so construc-
ted as to have more than forty (40)
percent of the unit's exterior wall
length measured at floor level below
ground. Continuous window wells or
other selective excavation shall not
be used to circumvent this restriction.
Areas which do not qualify as dwelling
units because of this restriction may
be used for amusement, recreation,
storage, utilities or parking facilities.
11.7(8) A minimum of 25 square feet of storage
space shall be provided for each dwelling
unit within any multiple family building,
exclusive of storage space normally pro-
vided within each dwelling unit. There
shall be no exterior storage of debris
or garbage and no open-air laundry drying
shall be permitted.
11.7(9) Storage of flammable materials shall
not be allowed in any structure containing
living quarters unless stored in a fire
proof room or container.
11.7(10) In all buildings housing two or more
dwelling units the following require-
ments relating to acoustical controls
shall apply:
a. All doors providing access to
individual dwelling units shall
be not less than one and three
quarters inch solid core and
equipped with gaskets or closing
plates.
b. All plumbing serving each unit
shall be separated from other
units by a room, closet, cor-
ridor or sound barrier.
C. Party partitions and floor
systems shall be of a type
sufficient to accomplish a
loss in sound transmission of
not less than 50 decibels
determined by averaging the
loss of frequencies of 125,
250, 350, 500, 700, 1000,
2000 and 4000 cycles. Cor-
ridor partitions shall be
capable of accomplishing a
loss in sound transmission
of not less than 45 decibels
similarly determined.
11.7(11) 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.
I. Section XVII of said ordinance is hereby amended by
adding thereto a new Section 17A providing as follows:
Section 17A "I-JA" Industrial Park District.
Section 17A.1 Permitted Uses. Within any I-lA
district no structure or land shall be used ex-
cept for one or more of the following uses:
17A.1(1) Manufacturing, compounding, ware-
housing, processing,, packaging, .
treatment or assembly of products
and materials provided, however,
that no such use shall be permitted
hereunder if not a permitted use under
the "I-l" Light Industrial District.
17A.1(2) Scientific research, investigation,
testing and experimentation.
17A.1(3) Business and professional offices.
Section 17A.2 Conditional Uses. Within the I-lA
industrial park district no structure or land
shall be used for the following uses except by
conditional use permit:
17A.2(1) Essential service structures.
10-
17A.2(2) Restaurants other than drive-in
type restaurants.
17A.2(3) Radio, television, or transmission
towers.
17A.2(4) Fences, other than those required for
screening by this ordinance.
17A.2(5) Other uses deemed substantially
similar to the permitted uses by
the Village Council.
Section 17A.3 Permitted Accessory Uses. In
addition to the permitted or conditional uses
allowed, structures or land on the lot occupied
by a principal use in the I-1A District may be
devoted to subordinate uses which are clearly
and customarily incident to the principal use,
such as parking lots and off-street loading
facilities and to the following additional
accessory uses:
17A.3(1) Personnel service facilities in-
cluding education, recreation,
entertainment food and convenience
goods for those persons employed
in the principal use.
17A.3(2) Signs as regulated in this ordinance.
Section 17A.4 Lot Area, Height,, and Yard Re-
quirements.
17A.4(1) No lot less than one acre shall be
developed as a separate use.
17A.4(2) No building housing a principal use
shall have an area of less than
10,000 square feet.
17A.4(3) Not more than 50106' of the total area
of any lot shall be covered by
buildings or structures.
17A.4(4) The yard requirements and building
heights requirements shall be the same
as provided in the I-1 light indus-
trial district.
Section 17A.5 Building Permits Requirements. No
development of any lot or combination of lots in
the I-lA District shall be commenced and no build-
ing permit will be issued therefore until all of
the following requirements have been met:
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17A.5(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.
17A.5(2) Site grading plans shall be submitted
indicating existing and proposed grades
and provisions for surface drainage.
17A.5(3) Proposed design, location size and
lighting of all signs, if any,
shall be submitted.
17A.5(4) Detailed landscaping plans prepared
and signed by a landscape architect
shall be submitted.
17A.5(5) Plans and specifications Shall include
any additional material required by
the Village to ascertain compliance
with the performance standards specified
in this ordinance and any other require-
ments of this ordinance.
17A.5(6) A bond or bonds guaranteeing perfor-
mance of construction elements required
to comply with this ordinance shall be
given in amounts determined by the Village
to be sufficient to reasonably insure
compliance with the provisions of this
Section 17A.5.
Section 17A.6 Parking - Off-Street. Off-street
parking shall be suppilea to mee -t—The minimum
number of spaces and location of spaces require-
ments for the type of use proposed as specified
in other sections of this ordinance. In addition
to those requirements:
17A.6(1) Off-street parking shall be supplied
in sufficient quantity to provide park-
ing for employees, customers, and other
visitors in accordance with projected
needs for the proposed occupancy.
17A.6(2) 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 con-
taining more than sixspaces facing
a public street or residential zoned
property shall have a solid screen
wall or fence not less than four feet
or more than six feet high.
17A.6(3) No parking spaces or aisles serving
parking spaces shall be less than 40
feet from any public right-of-way
nor less than 10 feet from a building
or lot line.
Section 17A.7 Landscaping and Screening. All areas
of any lot or combination of lots which comprise
the site for one or more buildings, except those
areas used for parking or buildings, shall be land-
scaped with grass, trees, shrubs, or other planted
ground cover, in accordance with detailed land-
scaping plans prepared and signed by a landscape
architect. A bond in an amount not to exceed
one and one-half times the cost of landscaping and
screening shall be required to guarantee the place-
ment and construction thereof as required in this
ordinance. In addition;
17A.7(1) The owner shall have a continuing
responsibility to maintain such
landscaping and any required screen-
ing in reasonable condition.
17A.7(2) No fences other than those designed
to serve as screening or for decora-
tive effect are permitted in the I-lA
District.
Section 17A.8 Signs. In the I-lA District no
signs shall be piaced except in conformance with
the following restrictions:
17A.8(1) All signs shall be at least 30 feet
from any right-of-way.
17A.8(2) Signs shall not be placed above the
roof line of any building to which they
are attached, or if detached, shall not
exceed the height of the principal
use building on the lot.
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17A.8(3) The aggregate area of all signs placed
on any lot shall not exceed two square
feet for each 1,000 square feet of
gross building floor area on the lot
and in no case shall the area of any
sign exceed 100 square feet.
17A.8(4) Advertising signs (billboards) shall
not be allowed in the I-lA District.
Section 17A.9 Building Design and Construction.
17A.9(1) In addition to meeting the other re-
quirements of this ordinance and the
requirements of the Village Building
Code as to structures, all buildings
or structures in this district shall
meet the following standards:
a. All exterior wall finishes on any
building shall be constructed of
any one or more of the following
materials:
1. Face brick
2. Natural stone
3. Professionally designed
pre-cast concrete units
if the surfaces have been
integrally treated with an
applied decorative material
or texture.
4. Factory fabricated and fin-
ished metal framed panel
construction, if the panel
materials be any of those
listed in 1, 2, or 3 above,
lass, prefinished metal
lass, than unpainted gal-
vanized iron) or plastic
used in accordance with the
building code requirements.
5. Other materials or combina-
tions of materials as may
be approved by the Village
Council.
17A.9(2) Subsequent additions and other buildings
or structures constructed after the erec-
tion of original building or structure
shall be constructed of materials compar-
able 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.
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J. Sections 21-3(3), 21-3(3.1), 21.4, 21.4(1), 21.4(2.2),
21.4(2-3), and 21.4(2.6) of Section XXI of said ordinance
are hereby amended to provide as follows:
21-3(3) Within the "1-2" Use District, name plate
signs, business signs and advertising signs
shall be permitted subject to the following
regulations.
21-3(3-1) Within the "1-2" Use District
the aggregate square footage
of sign space per lot shall
not exceed the sum of four (4)
square feet per front foot of
building plus one (1) square
foot for each three hundred
(300) square feet of land de-
voted to off-street parking.
No individual sign surface
shall exceed two hundred and
fifty (250) square feet in
area.
Section 21.4 Off- Street Parking and Loading Spaces.
Regulation of off - street parking and loading spades
in this Zoning Ordinance is to alleviate or prevent
congestion of the public right-of-way and so to pro-
mote the safety and general welfare of the public by
establishing minimum requirements for off-street
parking, 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 dis-
tricts shall be accompanied by a site plan drawn to
scale and dimensioned indicating the location of
off-street parking and loading spaces in compliance
with the following requirements.
21.4(1) Application of off-street parking regula-
tions. The regulations and requirements
set forth in Section 21.4 shall apply to
the required and non-required off-street
parking facilities in all Use Districts.
21.4(2) General Provisions.
21.4(2.2) Reduction of Existing Off-
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Street Parking Space. Off-
street parking spaces and
loading spaces existing upon
the effective date of this
ordinance shall not'be re-
duced in number unless said
number exceeds the
requirements set forth
herein for a similar
new use
21.4(2.3) Floor Area. The term "floor
area for the purpose of cal-
culating the number of off -
street parking spaces required
shall be the net useable floor
area of the various floors,
devoted to retail sales, services,
office space, processing and
fabrication, exclusive of hall-
ways, utility space, and storage
areas other than warehousing.
21.4(2.6) 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 each space shall be
served adequately by access
drives.
SECTION II. Effective Date. This ordinance shall be in
full force and effect from and after its publication according
to law.
Enacted and ordained into an ordinance this %/ day
of 1966.
ATTEST:
r �
William F. alkins�-
Clerk
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THE VILLAGE OF MENDOTA HEIGHTS
By � Wt V �,4 � �,
Donald V. Huber
Mayor