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Ordinance No. 1278 03-28-2011ORDINANCE NO. 1278 AN ORDINANCE AMENDING CHAPTER 205.23, RELATED TO PURPOSE, DISTRICT BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES, EXCLUDED USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR PROPERTIES WITHIN THE S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT I. Title An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to allow existing uses to be considered permitted uses and to update and clarify sections within the S-1, Hyde Park Zoning Code. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205.23 is hereby amended to allow existing uses within the Hyde Park zoning district to be considered permitted uses, to modify the purpose statement and update the district boundary line so it's referenced by the right-of-ways that encompass the Hyde Park Neighborhood. The Accessory Uses, Existing Uses, and Uses Excluded sections of the code are also being modified to match existing language found elsewhere in the Zoning Code and to match State Statute requirements. The Lot Width, Setback, Lot Coverage and Refuse sections are being updated to provide clarification and more flexibility for smaller lot sizes. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the City of Fridley's S-1, Hyde Park Zoning Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY OF MARCH, 2011. ����� SCOTT J. LUND, MAYOR ATTEST: J� DEBRA A. SKOG , CITY CLERK Public Hearing: February 7, 2011 First Reading: February 14, 2011 and March 14, 2011 Second Reading: March 28, 2011 Published: Apri17, 2011 ORDINANCE NO. 1278 AN ORDINANCE AMENDING CHAPTER 205.23, RELATED TO PURPOSE, DISTRICT BOUNDARIES, PERMITTED USES, ACCESSORY USES, EXISTING USES, EXCLUDED USES, LOT WIDTH, LOT COVERAGE, SETBACKS, AND REFUSE FOR PROPERTIES WITHIN THE S-1 HYDE PARK NEIGHBORHOOD ZONING DISTRICT The Fridley Planning Commission and City Council hereby finds after review, examination and recommendation of staff that Chapter 205.23, S-1, Hyde Park Neighborhood District Regulations be amended as follows: SECTION 1: That Section 205.23.2 be hereby amended as follows: 2. PURPOSE The purpose of this special zoning district is to: A. Establish a zonin� mechanism for the nei�hborhood that will allow a variety of housing tvpes on lots with reduced lot sizes and setbacks. r�ge-�e-��e�e�����', �� ���„� ,- o�� ��.,�„� B. Su�ort �°°°�� the residential character of the neighborhood. C. Protect the property rights of all �ese�r� landowners �ac�i�e�^��, while promoting reinvestment and development in *��e�*�ae�zek�ne��e€ the neighborhood. � - - - - . �����Tl�����/�����������A��/� I�/����/�������� � � SECTION 2: That Section 205.23.3 be hereby amended as follows: 3. DISTRICT BOUNDARIES . � � . . . � � � � � � � i i � • • � . . . � . . ie . .:.�.�.��. �•��.�.•��.:.:..,.:.: �.: �,:.s�. �•�.. � �..:..�• The Hyde Park Nei�hborhood shall be comprised of all parcels bordered between Main Street on the west, University Avenue (HWY 47) to the east, 61st Avenue to the north and 57th Place to the south. SECTION 3: That Section 205.23.4 be hereby amended as follows: 4. USES PERMITTED A. Principal Uses. Ordinance No. 1278 The following are principal uses in the S-1 District: Page 2 One-family dwellings, except for those uses as allowed as part of section 205.23.4.C.(1). B. Accessory Uses. . .. . .. . . . . . . . . .. . . . . \� �� %� %�� ��`I���3����s���1�1�AT1� ���1T�������7fr���JAI����I� � '11.!f'i[iI�S i 1 ��E�ff i� � _ (1) A private _�ara�e is the first accessory buildin�. It shall not exceed 100% ofthe first floor area of the dwellin� unit or a maximum of 1,000 square feet. (2) A second _�ara�e or accessory buildin� over 120 square feet provided the followin� criteria are met: (a.) The combined total floor area of all accessory buildin�s shall not exceed 1,400 square feet. (b.) The ma�mum hei�ht for all accessory buildin�s shall not exceed fourteen (14) feet above �rade at the midspan of roo£ Midspan for purposes of this ordinance shall be described as the midpoint between the eave line and the hi_h� est point on the buildin�s roof, as measured at the front elevation of the structure. (c.) Accessory buildin� shall not be used for a home occupation or as livin_� area. Ordinance No. 1278 Page 3 (d.) Accessory structure shall be architecturall.�patible with existin� home bX matchin_ s� idin�, color schemes, roofin� materials, roof tXpe and roof pitch. (e.) All drive and parkin� areas to be hard surfaced. (3) Privately owned recreational facilities, includin� but not limited to, playground equipment and swimmin� pools, which are for the enjovment and convenience of the residents of the principal use and their _u� ests. (4) Home occupations (5) The rental of �uest rooms to not more than two (2) persons per dwellin.°� (6) Solar energy devices as an inte.°�ral part of the principal structure. C. Existing Uses. (1) All existing uses will be classified as permitted uses within the zoning district on the present property which they occupy. . . D. Uses Excluded. The following are excluded uses in the S-1 District: . � �ewiv v����oo���R.e�v ��n�������o.�������v�i�000 ��• ' ��.er.s-+r.e�i�n�o����nr►ov��o�w ���� �� � � � � (2) Uses which may be dan e'°� rous, create annoying odors, noise disturbances or be otherwise detrimental to the �eneral welfare of persons residin� or workin� in the vicinitX thereof or may impair the use, enjovment, or value of an�propert� Ordinance No. 1278 SECTION 3: That Section 205.23.5 be hereby amended as follows: 5. LOT REQUIREMENTS AND SETBACKS B. Lot Width. Page 4 (1) The width of a lot shall not be less than si�ty (60) feet at the required setback Corner lots shall not be less than si�y-five (65) feet at the required setback. _. . . . C. Lot Coverage: Not more than *T-�°r*�� ���° r°r�°r* �''�o�` thirty-five percent (35%� of the area of a lot shall be covered by the main building and all accessory buildings. Lot covera�e requirements for nonconformin�properties will be limited accordin� to statutorX provisions. D. Setbacks: (2) Side Yard: n �„� T.,,,,,.,,-�, i �nnti��E2� „� 1.,,,,a ,ao�.ol„ro,a .,;�1, ., o„�;,-ol�, „o rlo �u�ces���t�tEt�° °'��" r°����r° T�wo (2) side yards are required, each with a width of not less than seven and one half (7.5) feet, except as follows: (Ref 1217) (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so that there is access to the rear yard for a detached and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet, provided the height of the garage or accessory building on that side is not more than �i��ee��} fourteen (14� feet. Ordinance No. 1278 SECTION 4: That Section 205.23.7.0 C. Refuse. Page 5 All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled "�e Solid Waste Disposal and Recyclin� Collection" of the Fridley City Code. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28tn DAY OF MARCH, 2011 ATTEST: Debra A. Skogen, City lerk Public Hearing: February 7, 2011 First Reading: February 14, 2011 Second Reading: March 28, 2011 Publication: Apri17, 2011 & March 14, 2011 .���� e��, Scott . Lund, Mayor