Loading...
Ord 5 Zoning OrdinanceJy VILLAGE OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA ZONING ORDINANCE AN ORDINANCE regulating and restricting the height, number of stories and size of buildings and other structures; the percentage of lot that may be occupied; the size of yard, courts, and other open spaces; the density of popula- tion; the location and use of buildings and land for trade, industry, residence, or other purposes; creating districts for said purposes and establishing the boundaries of such districts; providing for changes in-the regulations, restrictions, and boundaries. of such districts defining certain terms used herein; providing for en- . forcement,- and imposing fines and penalties for violations. The Village Council of Mendota Heights ordains as follows: r I i i i ARTICLE -I PURPOSES: INTERPRETATION: SHORT TITLE. 1.1 PURPOSES. This Ordinance is enacted for the following purposes: To promote the health, safety, morals,, and general welfare of the inhabitants of the Village by lessening congestion in the streets, securing safety from fire, panic and other dangers; providing . adequate light and air; preventing the over- crow-ding of land; avoiding undue concentration of population; facilitating. the adequate provision of transportation, water, . sewerage, schools, parks, and other public requirements) conserving the value of properties, and encouraging the most appropriate use of land. 1.2 SCOPE. From and after the effective date of this Ordinance, the use of all land and every building or portion.of a building erected, alteredwith respect to height and .area, added to, or relocated, and every use within a build- ing. or use accessory thereto, in the Village shall be in conformity with -the provisions of this Ordinance. Any existing building or structure and any exist- ing t- ing use of properties not in conformity with the regulations herein prescribed shall be regarded as nonconforming but may be continued, extended, or changed subject to the special regulations herein provided with respect to nonconforming properties or uses. 1.3 INTERPRETATION. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. Where the provisions of this Ordinance impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Ordinance shall be controlling. Where the provisions of any statute, other ordinance or regula- tion impose greater restrictions than this Ordinance, the provisions of such statute, other ordinance or regulation shall be controlling. 1.4 SHORT TITLE. This Ordinance shall be known and may be cited as "The Mendota Heights Zoning Ordinance". 1.5 DEFINITIONS. Certain words and phrases used in this Ordinance shall be construed to have the meanings indicated in Section 15. 1 hereof. ARTICLE II CLASSIFICATION OF DISTRICTS 2.1 CLASSES OF DISTRICTS. For the purpose of this Ordinance, there are hereby established eight classes of districts which shall be designated as follows F, Farm Residence District R-1, Residence District (Single Dwelling). R-2,, Residence District (Double Dwelling). R-3, Residence District (Multiple Dwelling). BC, Business and Commercial District. SC, Shopping Center District. M-1, Light Manufacturing District. M-2, Heavy Manufacturing District. 2.2 CLASSIFICATION OF LANDS. All lands -within the Village shall be classified into one or another of the districts enumerated in Section 2. 1 hereof, as designated in•.the succeeding Articles of this Ordinance and as hereafter changed by rezoning under Article XIV hereof. 2.3 ZONING MAP. The Planning Commission shall maintain a zoning map which at all times correctly reflects the classification of lands under this Ordinance. Such map shall be open .to inspection by the public at reasonable times. ARTICLE III F, FARM RESIDENCE DISTRICT 3,1 DESCRIPTION OF LANDS. All lands within the Village, except such thereof as are otherwise classified by this Ordinance or by subsequent rezoning under Article XIV hereof, are hereby classified as F, Farm Residence Districts. 3.2 USE REGULATIONS. In a Farm Residence District, no building or land shall be used or divided, and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: 1. Any use permitted in the R -1, Re sidenc e District. and no other. 2. General farming or gardening. , 3. Commercial greenhouses and nurseries. 4. Permanent stands for the sale of agricultural products produced on the premises. (These.stands shall be constructed according to setback rules and regulations. ) 5. Stock raising and dairying. (Hog raising and handling shall be in accordance with rules and regulations established by the Council. 6. Goff courses. 7. Airports, cemeteries, and gun clubs, any of which shall require a special permit to be issued by the Council. ARTICLE IV R-1, RESIDENCE DISTRICT .(Single Dwelling) 4.1 DESCRIPTION OF LANDS. Only those lands classified R-1, Residence District (Single Dwelling) by subsequent rezoning under Article XIV shall be classified as.R-1, Residence District (Single. Dwelling). 4.2 USE REGULATIONS. In R-1, Residence District., no building or land shall be used, and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the follow- ing uses: 1. One family dwellings and their that there shall not be any plan farms or truck gardens, retai.' sale of agricultural products o Lure. Also, there shall not be keeping or handling of hogs, pi nuisance. accessory buildings, provided nurseries or greenhouses, stands for the display of or any other commercial struc- any, stock-raising, dairying, ultry, or animals causing a 2. Public parks, playgrounds, and golf courses. 3. Churches, public, parochial, and private schools, (or other schools by special. permit from the lawful governing body) including nameplates and signs pertaining to the same placed in accordance with set-back rules and regulations as set out in Article XII. 4. Offices of professional persons when located in the dwelling of that professional person or persons, and when authorized by the Council. 4.3 HEIGHT REGULATIONS. No building shall be erected or structurally altered to exceed 30 feet, or 2 1/2 stories in height except structures mentioned in Paragraph 3 of Section 4. Z. 4.4 AREA REGULATIONS. Every building designed and erected for the housing of one family, together with its accessory buildings, shall be located on a building site of not less than 7, 500 square feet in area where public sewage disposal exists and not less than 10, 000 square feet in area where private sewage disposal systems exist. The average width of the lot shall not be less than 75 feet. 4.5 FRONT YARD REQUIREMENTS. Each loL shall have a front yard of not L less than thirty (30) feet in depth facing any street or road. If, at the time this ordinance becomes effective, 50 per-cent or more of the then existing dwellings having frontages on the same street or road have a predominant front yard setback different from that specified herein, then all buildings thereafter erected, altered or moved shall conform to that predominant front yard depth, unless a different setback is approved in writing by not less than fifty-one per-cent (5116) of all the then existing property owners within six hundred feet (600') of the proposed build- ing location. 4.6 SIDE YARD REQUIREMENTS. Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered which ,does not exceed one and one-half stories in height, each side yard shall have a width of not less than ten feet (101). For every building which has two or more stories, each ,side yard .shall have a width. of not less than fifteen feet (151). The foregoing requirements for side yards shall be subject to the following modifica- tions: a. On a corner lot, the side yard on the street side.of such corner lot shall have a width equal to the predominant front yard depth required for the.adjacent side lot. b. In case a dwelling is so: located on a lot (corner lot, for example) that its front or rear faces either side lot line, it shall be so located that its front or rear shall be not less than thirty (30) feet from either side lot line. The side of the dwelling fronting upon the-same street that adjacent dwellings front upon shall have the same setback from that street as the predominant setback of the adjacent dwellings. c. A church, public, parochial, or private school shallhave a side yard of not less than fifty feet (501) on each side adjoining other property. 4.7 REAR YARD REQUIREMENTS. The rear yard for each lot shall have,a depth.equal to, or greater.than, twenty per-cent (2016) of the depth of the lot. The setback for dwelling accessory -buildings shall be not less than ten feet (101) from the rear lot line where no alleys are platte&and not less than four feet (41) where alleys are platted. ARTICLE V R-2, RESIDENCE DISTRICT (Double Dwelling) 5.1 DESCRIPTION OF LANDS. Only tho.se lands classified R-2, Residence District (Double Dwelling) by subsequent rezoning under Article XIV shall be classified as R-2, Residence District (Double Dwelling). 5.2 USE REGULATIONS. In R-2 Residence District, no building or land shall .be used, and no building shall be erected, converted, or structurally altered, unless otherwise provided herein, except for one or more of the following uses: I. Any use specified in Article IV, R -1, Residence District (Single Dwelling) and no other. Z. Double dwellings, either one or two stories, double bungalows with court or patio, each living quarter having a minimum of four hundred eighty square feet (480 sq. ft. ) of floor area. Each must have a private front and rear entrance. , Duplexes must have a minimum of nine hundred sixty square feet (960 sq. ft.) of floor area. 3. Colleges, libraries, and community center buildings, any of which shall require a special permit to be issued by the Council. 5.3 HEIGHT REGULATIONS. No building shall hereafter be erected or structural- ly altered to exceed thirty (30) feet or two and one-half (2 I/Z) stories in height, ex- cept structures mentioned in Paragraph 3 of Section 5. Z, except that height may be exceeded by one (1) foot for each foot by which the width of each side yard is in- creased beyond minimum side yard requirements up to a maximum of thirty-five (35) feet. 5.4 AREA REGULATIONS. A lot area of not less than five thousand (5, 000) square feet per family shall be provided -where served by a public sewage disposal system, either existing or officially authorized. Where public sewage systems do not exist, a lot area of not less than ten thousand (10, 000) square feet per family shall be provided. For uses other than residential, a public sewage type of system (Imhoff type) must be provided. Each lot shall have. an average width of not less than seventy-five (75 ) feet. Not more than twenty-five (25) per-cent of the area of each lot may be occupied by buildings. 5.5 FRONT YARD REQUIREMENTS. Each lot shall have a front yard of not less than thirty (30) feet in depth facing any street or road. If, at the time this ordinance becomes effective, fifty (50) per-cent or more of the then existing dwell- ings having frontages on the same street or road have a predominant front yard setback different from that specified herein, then all buildings thereafter erected, altered, or moved shall con-form to that predominant front yard depth, unless a different setback is approved in writing by not less than fifty-one (51) per-cent of all the then existing property owners within six hundred (600) feet of the proposed building location. 5.6 SIDE YARD REQUIREMENTS. Each lot shall have two side yards, one on each side of the building. For every building erected or structurally altered.which does not exceed one and one half stories in height, each side yard shall have .a width of not less than ten (10) feet. For every building which has two or more stories, each side yard shall have a -svidth.of not less than fifteen (15) feet. The foregoing requirements for 'Side yards shall be subject to the following modifica- tions: a. On a corner lot the side yard on the street side of such corner lot shall have a width equal to the predominant front yard depth required for the adjacent side. lot. b. In case a dwelling is so located on a lot (corner, lot for example) that its front or rear faces either side lot line, it shall be so located that its front or rear shall be not less than thirty (30) e feet from either side lot lin * The s ide of the dwelling fronting upon the same street that ,adjacent dwellings front upon shall have the. same setback from that street as the predominant setback of the adjacent dwellings. c. A church, public, parochial, or private school shall have a side yard of not less than fifty (50) feet on each side adjoining other property. 5.7 REAR YARD REQUIREMENTS. The rear yard for each lot shall have a depth equal to or greater than twenty (20) per -cent of the depth of the lot. . The setback for dwelling accessory buildings shall be not less than ten (10.) feet from the rear.lot line where no alleys are platted and not less than.four (4) feet where alleys are platted. ARTICLE VI R-3, RESIDENCE DISTRICT (Multiple Dwelling) 6.1 DESCRIPTION OF LANDS. Only those lands classified R-3, Residence District (Multiple Dwelling) by subsequent rezoning under Article XIV shall be classified as R-3, Residence District (Multiple Dwelling). 6.2 USE REGULATIONS. In multiple dwelling district, unless otherwise provided in this ordinance, no building or land shall be used and no building shall hereafter be erected or structurally altered except for one or more of the follow- ing uses: 1. All uses permitted in Article IV, R-1 and Article V, R-2, Residential Districts and no other. 2. Multiple dwelling apartment, but no business shall be con- ducted therein unless it is incidental and only for guests, and .can be entered only from the inside of the building. 3. Clubs, lodges, fraternity and sorority houses without services to the public customarily carried on as a business. 4. Boarding and lodging houses. 5. The following uses, but only upon securing of a special permit from the Council: a. Hospitals, clinics, and other buildings used for treatment of human ailments. b. Philanthropic. and.charitable institutions. 6.3 HEIGHT REGULATIONS. No building shall hereafter be erected or struc- turally altered to exceed thirty (30) feet or two and one-half (Z 1/2) stories in height, except structures such as churches or schools. The height of other struc- tures may be exceeded by one (1) foot for each foot by which the width of each side yard is increased beyond minimum side yard requirements up to a maximum of thirty-five (35) feet. 6.4 AREA REGULATIONS. A. lot area of not less than five thousand (5, 000) square feet per family shall be provided where served by a public sewage disposal system, either existing or officially authorized. Where public sewage systems do not exist, a lot area of not less than ten thousand (10, 000) square feet per family shall be provided. For uses other than residential, a public sewage type system (Imhoff type) must be provided. Each lot shall have an average -width of not less t I han. seventy-five (75) feet. Not more than twenty-five (25) per-cent of the area of each lot may be occupied by buildings. 6.5 FRONT YARD REQUIREMENTS. Each lot shall have,a front yard of not less thanthi,xty (30) feet minimum depth facing any street or road. If fifty (50) per-cent or more of the then existing dwellings having frontages on the same street or. road have.a predominant front yard setback different from that specified herein, then all buildings thereafter, erected, altered, or moved shall conform to that predominant front yard -setback unless a.different.setback is consented to in.writing by not less than fifty-one (51) per-cent of all the then existing property owners within six hundred (600) feet of the proposed building location. 6.6 SIDE YARD REQUIREMENTS. Each lot shall have two side yards, one on each side of the building. For every building hereafter erected or structurally altered which does not exceed one and one-half (1 1/2) stories, each side yard shall have a width of not less than ten (10) feet. For every such dwelling which has two (2) stories or more, each.side yard shall have a width of not less than fifteen (15) feet. . The foregoing requirements for side yards shall be subject to the following modifications: a. On a corner, lot the side yard on the street side of such corner lot shall have a width equal to the predominant front yard depth required for the adjacex:Cc side lot. b. In case a dwelling is so located on a lot (corner lot, for example) that its front or rear faces either side lot line, it shall be so located that its front or rear shall be not less than 30 feet from either side lot line. The side of the dwelling fronting upon the same . street that adjacent dwellings front upon shall have the same setback from that street as the predominant setback of the adjacent dwelling s. c. A church, public, parochial, or private school shall have a side yard of not less than fifty feet (50.1) on each side adjoining other property. 6. 7 REAR YARD REQUIREMENTS. The rear yard for each lot shall have a depth equal to, or greater than, twenty (20) per-cent of the depth of the lot. The setback for dwelling accessory buildings shall be not less than ten (10) feet from the rear lot line where no alleys are platted and not less than four (4) feet where alleys are platted. ARTICLE VII BC, BUSINESS & COMMERCIAL DISTRICT 7.1 DESCRIPTION OF LANDS. Only those lands classified BC, Business & Commercial District by subsequent rezoning under Article XIV shall be classi- fied.as BC, Business & Commercial District. 7.2 USE REGULATIONS.InBC, Business & Commercial District the following use regulations shall apply: 1. A building may be erected or used, and a lot may be used or occupied, for any of the following purposes, and no other: a. Any use permitted in R-3, Residence District. b. Apartment for one family in combination with business use. c. Hotel, motel, tourist, rooming, or boarding house. d. Retail store; restaurant; office, agency or studio; bank, personal service and craftsmen's shop; mortuary. e. Public garage, service station, automobile sales agency, parking garage or lot, provided all facilities are located and all services are conducted on the lot. f. Newspaper publishing; job printing establishment. g. Theater. Drive-in type must have special permit. h. Private school, hospital, club, lodge. i. Hand or automatic self-service laundry. j. Bakery, or confectionery shop, for the production of articles to be sold only at retail on the premises. 2. The following uses when authorized by the Council as a special exception: a. Distributing station for milk or other beverages, carting or hauling station. b. Place of amusement, recreation, or assembly other than a theater, when conducted indoors. c. Yard for storage, sale, and distribution of ice, coal, fuel oil, or building materials, when enclosed within a fence of not less than six (6) feet in height, but not including junk yard, salvage, automobile or other wrecking yard. 7.2 USE REGULATIONS (Cont'd..) 3, Any use of the same general character as any of the above- permitted uses provided that no use which is noxious or hazardous shall be permitted. 7. 3 AREA AND DESIGN REQUIREMENTS. A complete plot plan showing the building or buildings and surrounding land areas of the entire project must be submitted for approval by the Council. A. complete set of building plans and specifications, sewage disposal, and water supply plans must accompany the plot plan. The Council may submit these plans for consideration and recommenda- tions to the Planning Commission. Area and design requirements must be such as to establish a business and -commercial district which will best serve the general welfare and benefit of the entire Village. ARTIC.LE VIII SC, SHOPPING CENTER DISTRICT 8.1 DESCRIPTION OF LANDS. Only those lands classified SC, Shopping Center District by subsequent rezoning under.Article XIV shall be classified as SC, Shopping Center District. 8.2 REZONING PROCEDURE. Petition for rezoning shall be accompanied by a copy of the plot plan which shall show the layout of the total area to be in- cluded in the shopping center, and which shall include, among other things, the information required below. If, however, portions of the project are to be completed in successive stages, a less detailed sketch or layout of the areas not scheduled for immediate development will suffice initially, provided that, as further development occurs, a plot plan showing all of the required detail shall then be submitted prior to the construction of any portion. Information to be shown on the plot plan shall include: a. The location, dimensions, and proposed use of all buildings or structures. b. The location and dimensions of sidewalks and all other areas to be devoted to pedestrian use. c. The location, size, arrangement, and capacity of all areas to be used for automobile access, parking, loading, and unload- ing. d. The location, dimensions, and arrangement of areas to be devoted to planting, lawns, trees, or any other purpose. e. Sufficient data, in all instances, to enable the Council to judge the effectiveness of the design and character of the.entire shopping center area and its relationship to surrounding areas. 8.3 AREA AND DESIGN REQUIREMENTS. 1. The proposed development shall be constructed in accordance with an overall plan)' shall be designed -as a single architectural unit with appropriate landscaping, and shall provide initially for the construction of either a minimum of seven thousand five- hundred (7, 500) square feet of floor area, or a minimum of six (6) of the uses listed in Subdivision III below as permitted in a Shopping Center District. 2. The total area shall be not less than two (2) acres. 3. Not more than twenty -five (25) per-cent of the lot area shall be occupied by buildings. 4. The distance, at the closest point, between any two buildings, or groups or units of attached buildings shall be not less than twelve (12) feet. S. 3 AREA AND DESIGN REQUIREMENTS (Cont'd.) 5. Adequate areas shall be provided for loading and unloading of delivery trucks and other vehicles; servicing of shops by refuse collection, fuel, fire, and other service vehicles; automobile accessvvays,* and pedestrian walks. Such areas shall be paved with an acceptable hard .surface. 6. No building, parking, access, or service area may be located within twenty-five (25) feet of a side or rear property line. 7. Not less than three square feet of automobile parking space with suitable access shall be provided for each square foot of gross floor area devoted to patron use. 8. Parking, loading, or service. areas .used by motor vehicles shall be located entirely within the lot lines of the shopping center, shall be physically separated from public streets, and shall have not more than two (2) accessways to any one public street. All, accessways shall be located at least two- hundred (200) feet from the intersection of any street lines. 9. The governing body may prescribe more restrictive condi- tions, or any further reasonable conditions deemed appropriate with respect to fhe suitability, of the shopping center in the neighborhood. . 8.4 USE REGULATIONS. A building_ or combination of buildings may be erected or used, and the lot area may be used or occupied for any of the follow- ing purposes, and no other. In no case shall, a building be used for living quarters. 1'. Retail store, including retail outlet or show room for uses permitted in Paragraph 9 hereof, but not including' automobile sales agency, provided that no goods shall be displayed on the exterior of the premises. 2. Restaurant, Tea Room, or. Cafeteria. 3. Office, -Agency, or Studio. 4. Following personal service shops, dealing directly with customers; beauty parlor, barber shop, clothes cleaning agency, automatic self-service laundry, dress-making, millinery or similar shop provided all repair or processing work is conducted in accordance with .Paragraph 9 below. 5. Theater, not including outdoor motion picture establishment,- assembly hall, or community building, indoor recreational establishment or library; child day center. 6. Bakery, confectionery, or custom shop for the production of articles to be sold at retail on the premises, provided that all baking or processing is conducted in accordance with Paragraph 9 below. 7. Bank, savings and loan association. 8. Passenger station. 8.4 USE REGULATIONS (Cont'd.) 9. The following uses provided that if such uses are located on the ground. floor they shall not be located within twenty-five (25) feet of the front of the building and provided that they shall be effectively screened from the front portion of the building by a wall or partition: a. General servicing or repair. b. Upholstering. c. Carpentry or woodworking. d. Electrical,, radio, television repair. e. Hand laundering, dry cleaning or pressing, providing no inflammable fluids are used. f. Tailoring dressmaking or repair. g. Millinery repair or processing. h. Watch or clock repair. i. Baking, confectionery-making, or similar processing. j. Frozen food lockers. k. Any similar use involving repair, processing, or storage activity. 10. Accessory use.customarily incidental to any of the above uses. 11. Any use of the same e general character . as any of the above- permitted uses, when .authorized .as a special exception by the Council, provided -that such use shall be permitted. subject to such reasonable restrictions as the. Council may determine, and further provided that no trade or business shall be per- mitted which is either noxious or hazardous. 12. Signs when erected and maintained in accordance with.Article XII. 8.5 HEIGHT REGULATIONS. No building shall exceed fifty (5.0) feet of height unless authorized as a special exception by the Council. ARTICLE IX M-1, LIGHT MANUFACTURING DISTRICT 9.1 DESCRIPTION OF LANDS. Only those lands classified M-1, Light Manufacturing District by subsequent rezoning under Article XIV shall be class- ified-as M-1, Light Manufacturing District. 9.2 USE REGULATIONS. In M -1, Light Manufacturing District a building may be. erected or used, and a lot may be used or occupied, for any of the following purposes and no other, provided that no use which is noxious or hazardous shall be permitted. 1. Any use permitted in BC, Business & Commercial District and SC, Shopping Center District. 2. Wholesale business establishment. 3. Storage or warehouse; packing i and crating, express, carting or hauling stations; trucking yard or terminal. 4. Custom shop for making articles or products sold at retail on the premises. 5. Plumbing, heating, glazing, painting, paperhanging, roof- ing, ventilating, and electrical contractors; blacksmith shop; carpentry; soldering and welding shop. 6. Yard for storage, sale and.distribution,of ice, coal, fuel oil, or building materials. 7. Commercial place of amusement, recreation or assembly. 8. Bottling establishment. 9. Manufacturing as follows: Canvas and canvas products. Clothing and other textile products, not including manufacture of textiles. Electrical equipment, appliances, and supplies, manufacture and assembly of, not including heavy electrical machinery. Food products, combining or processing of, not including meat and fish. Jewelry, clocks, watches. Leather products including Rg gage and shoes. Medical, dental, drafting equipment, optical goods. Musical instruments. Perfumes, pharmaceutical products, compounding of rubber products and synthetic treated fabrics, not in- cluding rubber and synthetic processing. Small products from the following previously prepared materials: cork, feathers, felt, fur, glass, hair, horn, paper, plastics, shells. 9.2 USE REGULATIONS (Cont'd Tool, die and pattern-making, and similar small machine shop s. Wood products, including furniture and boxes. 10. Carpet and rug cleaning. 11. Laundry, dry cleaning, or dyeing plant. 12. Laboratory, research, experimental and testing. 13. Any use of the same general character as any of the above- permitted uses when authorized as a special exception by the Council. 14. Accessory use on the same lot with and customarily incidental to any of the above-permitted uses. 15. Trailer camps and. trailer parks and trailer coach parks, subject to the following conditions. a. A plot plan shall be prepared and submitted to the Council for approval, said plot plan show- ing among other things as follows: 1. Individual trailer lots and layout, each individual trailer lot to have a minimum area of at least twenty-eight hundred (2800) square feet. 2. Detailed arrangement of individual trailer lots and roadways sufficient to provide adequate ingress and egress to each in- dividual trailer lot. 3. The general lot arrangements shall pro- vide that no individual trailer lot shall be located closer than one hundred (100) feet to any public roadway. 4. Location of sewage disposal system, water supply, surface drainage and utility services arrangements. b. Detailed plans and .specifications shall be sub- _4 mitted to the Council showing all sewage and sanitary facilities. Such facilities to comply in all respects with the minimum standards provided under the Statutes of the State of Minnesota, and ordinance of the Village. c. A topography map shall be furnished showing the finished grades of the property, together with abuting property. 9. 3 PROHIBITED USE., No building may be erected, altered, or used within three hundred (300) feet of a Residence District. 9.4 AREA AND DESIGN REGULATION. A complete plot plan showing the building or buildings and surrounding land areas of the entire project must be submitted for approval by the Council. A complete set of building plans and specifications, sewerage disposal, and water supply plans, must accompany the plot plan. The Council may submit these plans for consideration and recommendations to the Planning Commission. Area and design requirements must be such as to establish a Light Manufacturing District which will best serve the general welfare and benefit of the entire Village. ARTICLE X M-2 HEAVY MANUFACTURING DISTRICT 10.1 DESCRIPTION OF LANDS. Only those. lands classified M-2, Heavy Manufacturing District by subsequent rezoning under,Article XIV shall be. classified as M-2, Heavy Manufacturing District. -2, Heavy Manufacturing District, a building 10.2 USE REGULATIONS. In M may be erected or used, and _a lot may be used or occupied, for any lawful pur- pose, except the purposes specified below or any purpose. substantially similar to any specified, provided that no use which is noxious or hazardous shall be permitted except in accordance with -paragraph 8 below. 1. Dwelling, except for living quarters for any such persons as watchmen or caretakers and their families, as an accessory use to a business or industrial use. 2. Abattoir, stock yard. 3. Distillation of bones and wood. 4. Incineration or reduction of garbage, offal, and deadanimals. 5. Junk yard, salvage or wrecking yard, or the baling of rags or junk, except when enclosed within a building. 6. Manufacture of: Asphalt or asphalt products, including refining thereof. Explosives, fireworks, including storage thereof. Fertilizer, when manufactured from organic. materials. Gypsum, cement, plaster or plaster of paris. Rubber, caoutchouc, or gutta percha. Sulphurous, sulphuric, nitric, picric, or hydrochloric or other offensive or corrosive acids.. 7. Wood pulp and fiber, reduction and processing thereof. 8. No noxious, offensive, or hazardous use shall be permitted unless adequate provision is made to reduce and minimize. such .objectionable elements to the satisfaction of the Council. 9. No building may be erected, altered, or used within five hundred (500) feet of a Residence District. ARTICLE XI GENERAL REGULATIONS 11.1 NONCONFORMING BUILDINGS OR USES. 1. Continuation. Any lawful use of a building or land existing at the effective date of this Ordinance may be continued although such use does not conform to the provisions of this Ordinance. 2. Extension. A nonconforming use of a building or land may be extended up to fifty (50) percent of the area occupied by such use at the effective date of this Ordinance. Any extension or enlargement shall be immediately adjacent to the existing nonconforming use and shall conform to the area and height regulations of the district in which it is situated. 3. Changes. A nonconforming use of a building or land may be changed to a conforming use of the same or more restricted classification. Whenever a nonconforming use :of a building or land has been changed to a use of a more restricted classification or to a conforming use, such use shall not thereafter be changed to a use of a less restricted classification. 4. Restoration. A nonconforming building wholly or partially destroyed by fire, explosion, flood, or other phenomenon,.. or legally condemned, may be reconstructed and used for the same nonconforming use, provided that building reconstruction shall be commenced within one (1) year from the date the building was destroyed or condemned and shall be carried on without interruption. 5. Abandonment. If a nonconforming use of a building or land is voluntarily abandoned and ceases for a continuous period of one (1) year or more, subsequent use of such building or land shall be in conformity with the provisions of this Ordinance. 11.2 REDUCTION OF LOT. No lot area shall be so reduced that the area of the lot or the dimensions of the,open spaces shall be smaller than herein prescribed. 11.3 ACCESS. No dwelling shall hereafter be erected or altered unless there is direct access to it from a street or highway through an open space at least as wide as the dwelling and on the same lot. No building hereafter shall be erected or altered-so as to close the present means of access to an existing dwelling or so as to diminish this means of access to a width less than the width of the existing dwelling. 11.4 VISION OBSTRUCTION. On any corner lot, no wall, fence or other structure shall be erected or altered, and no hedge, tree, shrub, or other growth shall be maintained, which may cause danger to traffic on a street or public road by obscuring the view-. 11.5 PARKING SPACE. Not less than one (1) off-street parking space, con- sisting of two hundred forty (240) square feet, with proper access from a street or alley, shall be provided on any lot on which a main building is hereafter erected, and the following types of uses shall provide additional off -street parking space, as indicated, which parking space shall.have proper access from a street or alley and shall be located on or near the lot on which such use is situated: 11. 5 PARKING SPACE (Cont'd.) 1. Multiple dwelling: One space for each housekeeping unit. 2. Hotel or tourist cabin court: One space for each rental room or suite. 3. Restaurant, cafe, or tea room having a total floor area of more than one thousand (1, 000) square feet: One space for each fifty (50) square feet of floor space devoted to patron use. 4. Theater, auditorium, churches, or other place of public assemblage: A minimum of one space for every twelve. (12) seats. Schools must have a minimum of one space for every twenty (20) seats. 5. Commercial, office, or recreational building or use, other than those specified above, having a total floor or ground area of more than one thousand (1, 000) square feet: One (1) space for each two hundred (200) square feet, ' or portion thereof, or -ground or ground floor area, plus one (1) space for each three hundred (300) square feet, or portion thereof, o f upper floor area, in excess of one thousand (1, 000) square feet. 6. Manufacturing establishments: One space for each four (4) employees. Off-street parking facilities existing at the effective date of this Ordinance shall not subsequently be reduced to an amount less than that required under this Ordinance for a similar new building or use. Off- street parking facilities pro- vided to comply with the provisions of this Ordinance shall not subsequently be reduced below the :requirements of this Ordinance. Nothing herein shall be con- strued to alter or amend any provision for off -street parking contained in Article VIII for SC Shopping Center Districts. 11.6 LOADING AND UNLOADING SPACE. Off-street loading an ' d unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially altered. 11. 7 LOT SIZE MINIMUMS FOR NEW SUBDIVISIONS. Whenever land is here- after subdivided into three or more lots or parcels for the purpose of transfer, sale, or improvement, the following regulations shall apply, notwithstanding the district regulations of this ordinance: 1 In all sections of the community which are not served by sanitary sewers, either existing or officially authorized to be installed, residential lots shall have a minimum frontage and average width of t seventy-five (75) feet and a minimum thousand (10, 000 area of ten square feet for each dwelling unit. 2. In all sections of the community which are served by -.sanitary sewers, either existing or officially authorized to be installed, residential lots shall have a minimum frontage and average width of seventy- five (75) feet and a minimum area of seventy-five hundred (7,500) square feet for each dwelling unit. ARTICLE XII SIGNS 12.1 GENERAL. Any sign hereafter erected or maintained shall conform with the provisions of this Article and any other ordinance or regulations of the village. 3. 12. Z LICENSE. When this ordinance becomes effective, the owner or other person having control of any billboard or sign shall file application for a permit for the maintenance of such billboard. Application for such maintenance, permit for all billboards and signs shall be accompanied by a fee to be determined by the governing body. All licenses shall expire January 1st of each year. 12.3 USE AND LOCATION REGULATIONS. The following types of signs, and no other, shall be permitted. 1. Official traffic and street signs. Z. Signs in Residential Districts. Only non-commercial signs such as professional name signs indicating the name, profession, trespassing signs, signs indicating the private nature of a drive- way or premise shall be -permitted provided that the area on one side of any such sign shall not exceed two (Z) square feet. 3. Accessory Use Signs and Home Occupational Signs'. Such shall be permitted in a commercial district provided that they shall not exceed two (Z) square feet in area. 4. Identification signs for schools, churches, hospitals, or similar institutions, or for clubs, lodges, farms, estates, or similar uses, are permitted provided that the area on one side of any such sign shall not exceed twelve (12) square feet. 5. Real Estate signs, including signs advertising the sale or rental of premises, are permitted provided the area on one side of any such signs shall not exceed twelve (12) square feet-, and signs in- dicating the location and direction of premises in the process of development, provided the area on one side of any such sign shall not exceed twenty-four (24) square feet. 6. Temporary signs of contractors, architect s,n-e chanic s and artisans are permitted, provided that such signs shall be removed promptly upon completion of the work and further provided that such signs shall not exceed Z4 square feet in area. 7. Business or industrial signs may be erected and maintained in conjunction with a commercial or industrial use, provided (d) that the area on one side of all such signs erected on one street frontage of any one premises, shall not exceed fifty (50) square feet, unless authorized as special exception by the governing body and (b) such sign, except a directional sign, is erected only on the premises on which the use, to which the sign relates, is con- ducted. 12.4 GENERAL RESTRICTIONS. The following restrictions shall apply to all permitted sign uses: 12. 4 GENERAL RESTRICTIONS (Cont"d) 1. No sign shall be placed in such a position that it will cause danger to traffic on a street by obscuring the view. 2. No sign other than official traffic signs shall be erected within the lines of any street unless specifically authorized by other ordinances or regulations of the Village. 3. No sign shall be of a flashing type except an official traffic sign. 4. No sign shall project more than twenty-four (24) inches over a public sidewalk. ARTIGLE XIII ADMINISTRATION 13.1 ENFORCEMENT. The Council shall enforce the provisions of this Ordinance. It shall examine all applications for permits, and issue permits only for construction and uses which are in accordance with the requirements of this ordinance. 13.2 PERMITS. Building permits shall be issued in the manner and upon the conditions set forth in the Building Code Ordinance adopted April 16, 1956. ARTICLE XIV REZONING PROCEDU RE 14.1 PETITION BY 5076 OR MORE OF THE ADJOINING PROPERTY OWNERS. No change shall be. made in the boundary line of the districts or in the use, height, or area regulation .of any district except after a public hearing and upon the two-thirds vote of the Council. - Such change shall be made only as follows: The Council may, or shall, upon petition of fifty per-cent or more by number of the property owners in fact within six hundred (6001) feet of the property to be affected by the proposed change, fix a date for a hearing. Published notice of said hearing shall be given in accordanc6, with the state law relative to re- zoning procedure. The Council shall hear all objections and recommendations relative to such change or repeal of use, height, or area regulations. 14.2 REVIEW OF PROPOSED EXCEPTION OR CHANGE. In any instance where the Council or the Planning Commission is required to consider an excep- tion or change in this Ordinance or an application to rezone, it shall, among other thing s: 1. Assure itself that the proposed change is consistent with the spirit, purpose, and intent of this Ordinance. 2. Determine that the proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to. the area included in the proposed change or plan is adequately safeguarded. 3. Determine that the proposed change will serve the best interests and -convenience of the community (where applicable), and the public welfare. 4. Consider the effect of the proposed change upon the logical, efficient, and economical extension of public services and facilities such as public water, sewers, police and fire protection, and .schools . 5. Be guided in its study, review and recommendation by sound standards of subdivision practice where applicable. 6. Impose such conditions, in addition to those required, as are necessary to assure that the intent of this. Ordinance is complied with, which conditions may include, but are not limited to, harmonious design of buildings, planting and its maintenance as a sight or sound screen, the minimizing of noxious, offensive or hazardous elements, adequate standards of parking and sanitation. ARTICLE XV DEFINITIONS, REMEDIES, PENALTIES, VALIDITY 15.1 DEFINITION OF TERMS. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Ordinance to have the meaning herein indicated. The singular shall include the plural, and the plural shall include the singular. The word "used" shall include the words "arranged", "de- signed" or "intended to be used". The .word "building" shall include the word "structure". The present tense shall include the future tense. 1. Accessory Building. A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building. 2. Accessory Use. A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto. 3. Basic Structural Alteration. Any enlargement of a building, whether by extending on any side or by increasing in height, or the moving of a building from one location to another. 4. Building Area. The aggregate of the maximum horizontal cross- section areas, excluding cornices, eaves, and gutters, of all buildings on a lot. 5. Building Line. The line parallel to the street line at a distance there- from equal to the depth of the front yard required for the district in which the lot is located. 6. Dwelling. a. Single- dwelling. A building, on a lot, designed and occupied exclusively as a residence for one (1) family. b Double - dwelling. A building, on a lot, designed. and occupied exclusively as a residence for two (2) families, with one family living wholly or partly over the other. c. Multiple- dwelling. A building, on a lot, designed exclusively as a residence for three (3) or more families. 7. Family. Any number of persons living and.cooking together as a single housekeeping unit. 8. Farm Building. Any building used for storing agricultural equipment or farm produce, housing livestock or poultry, and poultry processing including egg handling, and processing dairy products. The term "Farm Building" shall not include dwellings. 9. Height of Building. A. building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections of the building shall not be included in calculating the height. 15.1 DEFINITION OF TERMS (Contd.) 10. Lot. A parcel of land on which a main building and any accessory buildings a I re or may be placed, toget-hex with the required open spaces. The area of a lot which abuts a street shall be measured to the street line only. 11. Nonconforming Building or Us.e. A building or a use of land or of a building existing at the effective date of this Ordinance which does not conform with the requirements of this ordinance. 12. Parking Space. An open space or a garage, on a lot, used for parking motor vehicles, the area of which is not less than two hundred and forty (240) Pquare feet and to which.there is access from street or alley. 13. Street Line. The dividing line between a lot and. the outside boundary of a public street, road, or highway legally open or officially platted by the Village, or between a lot and a private street, road, or way over which the owners or tenants of two (2) or more lots held in single and separate ownership have the right-of-way. 14. Trailer Camp. A lot or premises used for occupancy by a trailer or any other vehicle used for living or sleeping purposes. 15. Yard. A. Front. The required open space, extending along the street line throughout the full width of the lot, exclusive of overhanging -eaves, gutters, cornices, steps, and. chimneys projecting not more than eighteen (18) inches. B. Side. The required open space, extending along the side line of the lot throughout the full depth of the lot , exclusive of overhanging eaves, gutters, cornices, steps, and .chimneys projecting not more than eighteen (18) inches. 16. Village. The Village of Mendota Heights. 17. Council. The Village Council of Mendota Heights. 15.2 REMEDIES. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this Ordinance or any regulations made pursuant thereto, the proper Village authorities in addition to other remedies, may institute any appropriate action,or proceedings to prevent such unlawful erection, construction, reconstructions, alteration, repair, conversion, main- tenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act,, conduct, business, or use in or about such premises. 15.3 PENALTIES. Any person who shall violate any of the provisions of this ordinance shall be guilty of a misdemeanor and shall be punished as provided for under the statute of the State of Minnesota for the commission of a mis- demeanor. 15.4 SEVERABILITY. If any article, section, paragraph, subsection, clause, or other provision of this Ordinance shall be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this .Ordinance as a whole or any other part thereof. 15.5 EFFECTIVE DATE. This Ordinance shall become effective from and after the date of its passage. Enacted and ordained into an Ordinance this I st day of May, 1956. THE VILLAGE OF MENDOTA HEIGHTS 9 Otte.