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Ordinance No. 0441 11-03-1969ORDINANCE N0. ft41 ZONIhG Ol:DINANCE INDEX 45.01 PURPOSE 1 45.02 DEFINITIONS Z ' � � 45.03 ESTABLISHMENT OF DISTRICTS 8 45.04 PROVISIONS AP?LICABLE TO ALL DISTRICTS 9- 11 45.041 Declaration of Policy 45.042 Separability 45.043 District Boundaries 45.044 Zoning Administrator 45.05 R-1 DISTRICT 12 - 19 45.06 R-2, R-2A DIST?tICTS 20 - 26 45.07 R-3, R-3A DISTRICTS z� - 38 45.08 K-4 DISTRICT 39 45 09 P DISTRICT 40 - 41 45.10 C-1, C-2, C-1S, C-25 DISTRICTS 42 - 57 45.11 CR-1, CR-2 DISTRICTS 58 - 71 45.12 P.D. DISTRICT �Z - $� � 45.13 M-1, M-2 DISTRICTS $1 - 9� 45.14 T047r]kI0[ISE DEVELOPP'fENT 98 - 101 45.15 ADDITIONAL USES AND RESTRICTIONS - ALL DISTP.ICTS 102 - 107 45.151 Non-conforming Uses and Structures 45.152 Lot Requirements 45.153 Exceptions ta Lot Requiremerts 45 154 Structures in Yards and Court� 45.155 Boulevards 45.156 Auto Parking Stalls (Variance ei the Requirements) 45.16 BUILDING PEk:+fITS 108 - 111 45.161 All Districts 45.152 Permit Required 45.i63 Sanitary Facilities 45,164 Water Supply 45.165 Structural Safety 45.166 Basement Dwellings 45.167 Procedu:e 45.168 Certificate of Occupancy ' �, al. 0 � ,Y'` Y ' ' � f B _�_ ., � 45.17 ANNEXATION 45.18 SOARD OF APPEALS AND VARIANCES 112 112 - 114 45.181 Organization of Board of Appeals 45.182 Powers and Duties of Board of Appeals � 45.183 Petition By Owner 45.184 Reco�nendation By Board of Appeals 45.185 Record of Action Taken 45.186 Variances 45.157 Action of the Council 45.188 Lapse of Variance By Non-use 45.14 SPECIAL USE PERMLT 115 45.191 Referral to Xhe t�lanning Coamiission 45.192 Council Aczicn �5.193 Denial 45.194 Lapse of a SpQ!'i21 Use Pei�nit By No3Z-�1se 45.20 AMEND:IENTS 45.21 4s.zoi Public Hearing 45.202 Courcil Action 45.211 Violation a Pfisdemeanor; Penalty 45.212 Interpretation 116 - 117 118 � � � � -h � N r [.1 N � N N � r F 9 w r+ N r� � 9 1� .P L l i F i� F F F F l� 1 F i L` ln l.n V+ ln �n ln l.n ln V+ tn ln ln �n ln V+ tn . . . . . . . . . . . . . . r r r r r+ r r r r o 0 0 0 0 0 0 � w n� r '- o 0 0 0 � m �+ �+ a� rn v� ro l� F l� A 1� L� F L` 1� F F +� F 1� F F � V� ln tn ln 1n ln ln 1.n ln tn ln ln 1.n ln ln tn . . . . . . . . . . . . . . . . r r r r r r .-� r r o 0 0 0 0 0 0 �• w w n> r r o 0 0 0 � oo � �+ rn rn �^ n r r n> .� � r r r r r .- r- .• r r n m — _— a � F � L� 1� l� l� F F 1� F F 1` 1� +C v� tn i i � �n v' v, v, tn �n 1n v+ v� �n v� I n r r' r' � � 1 r' r-' �' i-' O O O O O O O C w w o 0 0 0 � � �+ �+ � P �+ I a N N N N N N N N N N N N N � F F F F lA U� � ll� 1.�� i � t � i o i � � i 1 1 1 I 1 1 1 1 � 1 e � Y �--' Y-' I--' w w r r W W N N lFi+ lFn � lFl� lFi� l�n Vri l�n tFi� �.Fn lFn l�n l�n l�n l�n lFii 1 �-' 1--' p'' r-' r r' r'' r-' O O O O O O O w w r r O O O o � O� v � C� O� vi � F � W W w w w � w w w w w � � � � � � � � � � � � � � � � � � � � � � � � � � � 0 0 0 0 0 V V O� O� lli l� F F l� F � F F � F 1 F F A � F +� F A 1 F l+� ln i ln ln ln ln ln ln i ln ll� lf� tn ln ln 0 r r r r r r r r o 0 0 0 0 0 � � � � R � R ° `° � � �' °; � A F i 1 F 1� F F 1 F F A 1� �n ln � V+ �n ln ln �n ln i ln in ln ln ln ln 1 I t-' I-' r' 1--' I-' r' i-' i--' O O O O O O W W r r O O O O 00 V V 6� O� ll� O� O� ln ln l.n ln {.n ln O� O� Q� 01 O� [] :F1� l�l� 1 l�FJ1 ��jl ��11 lFl1 l.�l1 1.�r1 I 1 l.��t l.Flf I � 1 1 I 1 I 1 1 r-� r-� r' r• r r� r' r� O O W W r r p O p O V J V �I 01 O� O� O� O� O� J V 1Fn l�n � lFn V�i l�n lFn VFi l�i� � i V�i C�i� � � i 1 1 I I I 1 I-' r-` r--' r-' r' r+ r` r' O O W W r r O O O O J V W 00 '�I V V V �! V � � b H � H � H n H � C � m � ro m n M O � w � n m r � o A ',7 rt H o. a � n m w .� � [�1 k R N 'i r• O 'i r � � � � t F � r r r r r I w x tn tn i tn u, tn V, v, �n � i v� ln v� vi v� n r• � . . . . . . � i . . . . . r- m r r r .-� r r r r o 0 0 0 0 �' r* w w r r+ o O o o � +� rn rn �.n r- r � � Oa Ou W O� w ao � �.o ln ln tn � r. � 00 �: -"�.. r � r � � �� i '- � r� -i �2i� _� � 4 f� � ,� �� ,�i� EA ORDINANCJ. D'0. 441 AN ORDINANCE A��SE�+DI,;G t�ND RE.CQDIFYING CIiAP7'�R 45 OE TFIE FRIDLEY CITY CODt;, KNO[eTN AS TIIE ZONING OR➢INANCE THE COUNCZL OI' TkIE CITY OF FR1llLh'Y DO ORD.°.I�� AS FULLOIdS : SECTION lo That Chapter 45 of the Fridiey City Code is amended to read � as follows: 45.01. The following zoning ordinance and the PURPOSE zoning map established hereby have been enacted in accordance with a comprehensive plan of land use, the purpose of which is to promote the health, safety� morals, comfort, convenience, prosperi�.y, and general welfare, and have been made in consideration of the character of each district and with a view tocaards conservin� the value of buildings and land and encouraging the most appropriate use-of land throughout the City. This zaning ordinance has been ado�red for tiie purpose of dividing the Ctty into zcnes, oi districts, restricting and regulating there:n the location, erection, construction, re-con;�ruction, alteration, and use of ouildin�s, str�ictures, and land for indusL-ria1, commercial, reaideatiai, recreational, and other specified u�es; regulating the intensity of the use of lanR, aud to regulate and determine the area of open spaces surruunding such buildings in order to prevent the ovex crowding of land and to assure adeqaare light and _ air, [o protect watenaays and natural resources; [o establish building lines and the location oi buildings designed for specified indiistrial, coQCnercial, residential and other uses within such areas; to fix standards to �ahich buildings or s[ructures shall conform therein; to prohibit uses, buLldings or structures incomp2tible with the character of such districts; to prevent additions to and alterations ur remodeling of existing buildings or strucCures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder; to liQUt congestion in the public streets by providina for off-street parking and loading aad ualoading of vehicles; providing for the gradual elim_nation of non- conforming uses of 1and, buildings and structures; to secure safety from fire and other disasters; to conserve the economic value of land and buildings [hroughout the City, to promote the public health, safety, morals, cemfort, convenience, prosnerity and general welfare; and prescribing penalties for [he violation of the ordinance. 1 � � .;� 45.02. For the purpose of this ordinance certain Cenns DEFINITIONS and words are hereby defined: Words used in the present tense shall include the future, words in the singular include the plural, and the plural the singular, the caord "building" � sha11 include the word "structt�re", and the word "lot" shall include the word "plot"; and the word "slzall" is mandatory and not directory, and the word "including" shall mean "including, but not linited to". 1. ACCESSOFY USE OR STRUCTIiP.E: A su6ordinate buildlttg or use which is locate3 on the same lot on which thr main building or use is situated and which is reasonably necessary and incidental to the conduct of the prim2ry use oE �uch building or main use. 2. ALLEY: A publLC right-of-way less tlian thi,-iy (30) feeC in width which affords secondary access Lo ab�atting property 3. APAP.TMENT: A room or suite of rooms in a multiple family structure, which is arranged, designed or used or intended to be used as a housekeeping unit for a single famil; 4. AUTOi?OBILE REPAIR: Ma�or repair, such as engirie iebuilding or reconditioning of motor vehicles, colli�io_z service, such as body, frame or fender straightening and re;air, overall pdinting of motor vehicles. 5 AUTOI40BILE SERVICE STATION: A place where gasolina is stored � only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are xetailed directly to the public on premises, and including minor nccessories and services for automobiles, bui not includin�; automobile ma�or repairs and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage. � 6 AUTO WRECKING OR NNK YARD: Any place where two or more motor �ehicles not in running condition, or parts thereoi, are stored in the open and are no[ being restored to operation, or any land, building or structure used for wrecking or storing of such motor vehicles or psrts thereuf, and including any farm vehicles or farni machinery, or parts thereof, stor�d in the open aad not being restored to operating condition, and including the cacranercial salvaging and scavenging of an� other goods, articles or mei-chandise 2 i -�• �i r � W � 4� ' i" +�J _` ��j� ��,^� 7. BASEMENT: A story partly or wholly underground. 8. BLOCK• That property abutting on one side of a street and lying between the two nearest int:er�ecting or inter- cepting streets or nearest intersecting ox intercepting � street and railroad right of-way, waterway, or other barrier to or gap in the continuity of development along such street. 9. BOARDING HOUSE: Any dwellino other than a hotel where meals or lodgings and meals for compensation are provided for five or more persons, not members of the principal family therei�i, pursuant to previous arrazigements and not to anyone who may apply, but not including a builduig having ten (10) or more guest rooms. 10. BUILDING: Any structure for the sheiter, sup�ort or enclosure of persons, animals, chattels or psopeity of any kind, and when separated by party walls �aithout opcnings, each portion of such building so separated sha11 be dee�ned a separate building 11 BUILDABLE AREA: The buildable area or" a lot is the space remaining after the minimum open space requiretnents of this ordi_nance have been complied with. 12. BUILDING HEIGHT: The vertical distances neasuled from the average elevation of the finished grade at the front of the buildinb to the highesL- point of lhe roof in the ca,e of a flat roof, to the deck line of a mansard roof; and to the mean height level between eave� �nd ridge of a gabie, � hip or gambrel roof. 13. BUILDING LIN�: For the purpose of this ordinance the building line is the same as a front yard setback line. 14, BUSINESS: Any occupation, employment or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor or materials, or where services are offered for compensation 25. CURB GkADE: The established elevation of the curb in front of the building measured at the cer.ter of such front Where no curb grade has been es*_ablished, the City shall establish such curb level or its equivalent fot the purpose of this ordinance 16. DISTRICT: A section or sections of the lncotporated area of the City for which the regulations and provisions governing the use of buildir.g and land are urifoxm for each class of use permitted therein 17. llOUBLE FRONT_AGE LOTS: A 1ot with frontage on two nonintersecting S[F�ets. 3 � v _� I � 18. Did�LLING: A building or portion thereof, but not an automobile house trailer, designed exclusively for residential occupancy, including, one-family, two-family and rnultiple dwellings, but not including hotels, boarding and lodging houses 19. DWELLING, ONE-FAMILY: A detached building designed exclusively for occupancy by one family 20. IIi�TELLING, 1W0-FAMILY: A 6uilding designed exclusively for occupancy by two families living independently of each other. A. DOUBLE BUNGALOW: A two family dwelling with two units side by side B, DUPLEX: A two faznily dwe2ling with une unit at,ove the other 21. DWELLING, MITLTIPLE: A building or portion thereof designed for occupancy by three or more families living independently of each other. 22. I)WELLING UNIT: One or more rooms in a dcrelling or apartment hotel designed primarily for occupancy by �ne family for living or sleeping purposes. 23. FAMILY: An individual, or two or more persons related by blood or marriage, or group of not more than five persons � (excluding servants) who need not be relate3 6y 61ood or marriage, living together as a single houaekeepi_ng unit in a dwelling unit. 24 GARAGE, PRIVATE: An accessory building or portion of a main building on the same 1ot and used for the storage only of private, passenger motor vehicles, not more than two (2) of w;�ich are owned by others than the occupants of the main building. 25. GARAGE, YUBLIC: A building other than a private garage, used for the care, repair, or equipment of automo6iles, or where such vehicles are parked or stored for remuneration, hire or sale within the structure. 26. GRADE, FINISHED GROUND: Finished average ground elevation along the front wall of the main building. 27. GUEST ROOM: compensation and but not including primarily � A room occupied by one or more guests for in which no provision is made for cooking, rooms in a dormitory for sleepir.g purposes 4 �p �£� i � � i 15 e° � �_ ,'^ � 28 HOME OCCUPATION: Any gainful occupation or profession engaged in by the occupant of a dwelling at or from the dwelling when carried on within a dwelling unit and not in an accessory buLlding, and eahich is clearly incidental and secondary to the residential use of the premises and does not change � the charactor thereof, provided that no signs other than those nosmally utilized in a residential district are present, no stock in trade is stored outside the 6uilding, over-the-counter retail sales are not involved, and entrance to the home occupation is gained from within Che structure. Such usec �nclude professional offices, minor repair services, photo or art studios, dressmaking, or teaching and simil�r uses, ho�aever, a home occupation shall not be interpreted to include tourist homes, restaurants, or similar uses. Teaching sha11 be limited to four (4) stu3ents at any given time. No home occupation sha11 be permitted that results :n the necd for nore than two (2) parking spaces at any given time in addition to spaces required by the occupant (family). Occupations requiring the hiring of employees or_her than mernbers of the inanediate family shall not qualify as home occupations 29. HOSPITAL OR SANITARIUM: An institution open ta the public, in which sicl� patients or in�ured per�ons are given medical or surgical care, or for the care of contagious diseases or incurable patieirt�. 30. HOTEL: A building designed for occupancy as the _ more or less temporary abiding place of individuals who are lodged with or without meals, in which there are six (6) or more guest rooms, and �n which no provisions are made Eor cooking in any individual room or suite. 31. KENNEL: Any lot or premxses on which four (4) or more dogs, at least four (4) months of age are kept. 32. LABORATORY: A place devoted to experimental study such as test3ng and analyzing. Manufacturing af product or products is not to be pexmitted within this definition. 33� LNING AREA: The living area of a building is that area of a building designed to be used or actually used Yor living purposes, such as oedrooms, dining ;oom, living room and the like, which are usually and customarily used for family purposes, as distinguished from any gazage or other type accessory snace. � 5 � r 1 � -� 34. LOADING SPACE: An off-street space or berth on the same lot with a building or contiguous to a group uf buildings, for the temporary parking of a conanercial vehicle while loading or unloading merchandise or materials. ' 35. LODGING HOUSE: A building with not moxe than five (5) guest roons where lodging is provided for compensation pursuant to pzevious arrangement, 6ut not open to the public or tiansients. 36. LOT: For zoning purposes, as covered by this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other ooen spaces as are lieiein required. Such lot shall have frontage cn a dedicated or private street, and may consist of: A A single lot of record, or a porLiot: oF a lot of record; B. A combination of complete lots of �aro-td, .tnd/or portions of lots of record, C A parcel of land described by mete; and bot�nris , prw ided that in no case of subdrvision shall any residual lot or parcel be created which doen not meet the requirements of this or.dinanre. 37. LOT, CORNER: A lot situated at the iatersect�.on of two � (2) or more streets. 38. LOT, DEPTH: The hoiizontal distance bztwcen the 1�_ont and rear lot lines measured in the mean direciion on the side lot lines. � 39. LOT, FRONTAGE: The front of a lot shall be that boundary of a lot along a public street, and for a corner lot the front shall be the shorter lot boundary along a street 40 LOT, INTERIOR: A lot other thaa a corner lot 41. LOT YlIDTH: The horizontal distance between the side lot lines measured at right angles to the lot depth at a point equal to the minimum depth required for a front yard. �2. MOBILE HOME PARK: An approved area (trailer park) for �he parking of occupied rmobile homes (trailers) G'. 9 ��i l, , . r 5 , � �� 43. MOTEI. (TOUAIST COURT): A huilding or group of detached, semi-detached, or attached buildings containing guest rooms or dwellings, each of which has a separate outsid� entrance leading directly from the outside of the building, with garage or � parking space conveniently located to each unit, and which is designed, used or intended [o be used primaxily for the accoc�mmodation of automobile transients. 44 NONCONFORMING IISE: Any building, structure or land lawfully occunied by a use or lawfully situ�ted at the time of the passage of this ordinance or anendenents thereto, which does not conform after the passage oi tl�is ordinance or amendments thereto wit'h the regulation� of this ordinance. 45. 1VlIR5IIvTG HOME OR FEST HOME: A private hospital for the care of children or the aged or infixm=d, or a place of rest for those sufferin� bodily di�order, b+it not including facilities for Che treatment of sickness or injuries or for surgical care. 46. PARKING STALL: An nrea, enclosed in the main building, in an accessory bcilding, or unenclo�ed, sufficient in size to store one standard automobile, which ha� adequate access to a public street or a11ey and pexmitting satisfactoiy ingress and egress of an autonoUile. 47. PUBLIC UTILITY: Any per,on, fii7n, corporation, municipal department or board, duly authurize�l to furnish � and furnishing under public reguiation to the public, = electricity, gas, heat, power, steam, telephone, telegraph, transportation, sewer or water. 48. STOAY: That part of a huilding included between the surface of any floor and the surface of the next floor above it; if there is no floor above it, the space between the floor and the ceiling next above it. A basement is a story for the purposes o£ height regulations if one half or more of the basements height is above the average level of the adjoining ground. 49. SIREET: A public or private tfiorou�h£are which affords the principal means of access to the aLutting property 50. STRUCTURAL ALTERATION• Any change, addition, or modification in construction in the supporting members of a building, such as exterior wa11s, bearing walls, beams, colurmis, foundations, girdars, floor joists, roof joists, rafters or trusses. 7 � _� 51. STRUCTURE: Anything constructed or erected having location on or under ground or attached to something having location on or under the ground. 52. TOWfI HOUSE: Structures housing three or more ' dwelling units, contiguous to each other, only by the sharing of one co�non wall, such structures to be of the town or roco house type as contrasted to multiple dwelling apartment structures No single structure shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and indzvidual front and rear entrances. 53. USE: The purpose for which land or a. building or structure thereon is or is to be used or occupied. 54. YARD: An open space on the same lot with a uv�in building, unoccupied and unobstructed f=orm the ground upward, except as otheraise provided in this ordinaiice. 55. YARD, FRONT: A yard extending across the full width of the lot and lying between the front line of the lot and nearest line of the building 56. YARD, REAR: A yard extending arross tlie full �aidth of the lot and lying bet�aeen the rear line of the lot and the nearest line of the principal building 57. YARD, SIDF.: A yard extending acress tha fu11 width � of a lot and the main building extendin� froia the rrr,nt yard to the rear yard and having a width equal to the shortest distance betcaeen said side line and tiie main building. � 45.03. For the purpose of this chapter, the following ESTABLISIiMENT OF sixteen kinds of distsicts are hereby established within DISTAICTS the City of Fridley. R-1 Districts; or One-Family Dwelling Districts R-2 Districts, or ltao Family Dwellir.g Districts R-2A Districts, or pouble Bungalo�a Districts R-3 Districts, or General Multiple Roelling Districts R-3A Districts; or Apartment and Multiple Tkaelling Districts R-4 Districts; or Mobile Home Park Districts P Distxicts; or Public Eacilities Districts C-1 Districts; or Local Business Districts C-1S Districts, or Loca1 Shopping Center Districts G2 Districts; or General Business Districts C-25 Districts; ox General Shopping Center Disrricts � � , ri, � �3i ,�r� i+ II �' Ir ��'� C-RI Districts, or General Office and Limited Business Districts C-R2 Districts; or Office, Service and Limited Susiness Districts PD Districts; or Planned DevelopmenC Districts M-1 Districts; or Light Industrial Districts M-2 Districts; or Heavy Industrial Districts Said districts are shown upon the zoning map, as adopted Decei..ber 29, 1955, and am�nded lip to the date of adoption of this ordinaxice. Sa�d r�p and aII notations, references and other infonnari�oxt ehcr.n� thereony shall be as r.mch a pnrT of L-n�.s nh�eptes as if the matters and infornlation set iorth by said map we*e a11 fully described herein. , 45.04 45.041 PROVIS70N5 APPLICABLE TO ALL DISTRICTS ➢eclaration of Policy: 1. In ttie interpretation and application, the provisions of this ordinance sha11 be held to be the r,iinitrmm requirements for the promotion of the public health, safety, morals, convenience and welfare. 2. Where the condxtions inpused by a.i� provision oP this or�linance are either more restiictive or less restrictive thzn comparable conditions impused by any " law, ordinance, statute, resolution, or regulation of any kind, the reguiations which are more restrictive, or which impose higher standards or requirements shall prevail 3. No structure shall be erected, converted, enlarged, reconstructed or altered, and no structure or land sfiall be used for any purpose nor in any manner which is not in conformity with the provisions of this ardananae. 4. �ery building erected after the adoption of this ordinance sha11 be located on a lot, as defined herein and in no case shall there be more than one main building on any one lot, except as may be otherwise provided herein. 5. �ery building containing any dwelling units or guast rooms shall be erected on a lot at least one line of which abuts for not less than 25 fec[ along a public street or along a pennanent, un�ostructed easement of access to the lot from a pu61�c streeL as approved by the zoning administrator as adequate for the purpose E PROVISIONS APPLICABLE TO ALL DISTRICTS Declaration of Policy ' � � n :� � � � 45.042. Separability: It is hereby declared to be the intention of the City that the several provisions of this ordinance are separable in accordance with the following: 1. If any courC of competent jurisdiction shall adjudge any provision of this ordinance to be invalid, such ,7udgment shall not affect any other provisions of this ordinance not specifically include3 in said judgment 2. If any court of competent jurisdiction shall adjudoe invalid the application of any pzovision of this ordinsnce to a particular property, buildind, or other stricture, such judgment shall not affect the application of said pso��iaion to any other property, building, or structure no_ specic�cally included in said jud�nent. 45.043. District Boundaries: In determining the boundaries of zoning districts sho•,an on the zoning map of the City of Fridley, the following rules shall apply: 1. If such boundaries follow the property lines of streets, alleys or other land divisions, such zoning Uoundary lines shall be construed as to conform to the lines of said s�reets, alleys or other property subdivisions. TJf�ereas, with�n ]alces or other waterways, public streets and al]eys, publzc parks, thoroughfares, and other public ways shall be considered to be zoned as public facility districts. 2. Where the property is unsubdivided or where a zoning district divided a lot or parcel of property, the location of any such district boundary line, unless the same is indicated by dimensions shown on the district map, shall be detexmined by the use of the scale appearing on such map. 45 044. Zoning Administrator The City Engineer of the City of Fridley shall act as the zoning administrator and as such is responsible for the administration and enforcement of the provisions of this ordinance. The zoning administrator or duly authorized representative shall issue all permits and certificates required by this ordinance 10 Separability District Boundaries Zoning Administiator ii i � � ;� � � ��ii a ,� t, �� The administrator or persons under his authority shall inspect and examine all buildings and land, and issue written orders requirzng the remedying of any conditions which are found to 6e a violaCion of this ordinance. The administratoz or duly authorized representative shall � act as secretary for the Planning Commission. The administrator sha11 enforce a11 decisions made by the Planning Co�nission, Board of Appeals and City Council pertaining to this ordinance. 11 � � v ,c 'd y � � � 45 .OS 45 .051 45 e052 45.053 45.054 45 .055 45.056 R-1 R-1 Uses Permitted 1) Principal Uses 2) Accessory Uses 3) Uses Permitted with Special Use Permit 4) Other Uses Uses Excluded Lot Requirements and Setbacks 1) Lot Area 2) Zot Width 3) Lot Coverage 4) Setbacks Building Requirements 1) Height 2) Minimum Floor Area Parking Requirements 1) Parking Ratio 2) 6arage Requirements 3) General Provisions 4) Existing Facilities Landscaping 1) Grade Requirements 2) Site Improvements 3) Maintainence 4 ��,.i � i�' � � � : ,� �me _�� m G5.05. R-1 DISTRICT REGULATIONS 45,051. Uses Permitted 1, Principal Uses Aa One-family dwellings B, Agriculture, including farm, truck gardens and orchards, but excluding animal aad poultry raising. C. Churches, parish houses and convents. Do Townhouses, under the conditious stated in Lhe Townhouse Development Section 4�.14. 2. Accessory Uses A. Private garages or other accesso;y building�, Ouly one accessory buildiug per 1ot, with each additional accessory buildLng requtring a;pecial use permit. B. Privatelq owned recreational fa�ilities, such as swimming pools, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and their guests C. Customa�y home occupations includtng xenLal of Tooms for occupancy ta not more than two persons per dwelling unit. 3. Uses Permitted With Special Use Permit A. Plurseries and greenhouses for the propagation, cultivation and growing of plants only. B. Golf course, country club, yacht clubs, tennis courts, swimming pools and additional recreational uses ALL NONCOMhiERCIAL and not an accessory use to the principal uses in the R-1 District. C. Utility companies having transformers, pumping stations and substations are subject to the following minimum requirements: 1) Must conform with surrounding neighhorhood with respect to setbacks, open spaces, architectural design and also nust be screened 12 R-1 DISTRICT REGULATIONS Uses Permitted � ' � � :� 2) It must not have any regular employees 3) The equipment caust be completely enclosed in a structure. � D. Double bungalows, but additionally a conrurr�ng vote of 4/Sths of the Council shall be required for the Council to issue such special use permit. E. Automobile parking lots for off-street parking spaces for any use on adjacent 1and, when the following minimum requirem�nts have been met: 1) The minimum front yard setback Ls 25 f�et, zxcept where adjacent property has existing fron*_ ;ard �etbacks exceeding 35 feet; additional front_ ya�d de�ch u�y be required. A side yard and rear yard m3aicnum sel-bac:c of five (5) feet is required. 2) Proper screening, which included a p�_anting stzip, fence, or wall provided on the property 'i"nis uiust be substantial enough to create a physica2 scparation of the properties involved and considered acceltable by the Council. F. Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly. 4. Other Uses � For other uses, other than dwelling units, permiLted uses and uses requiring a special use permit, requiremants as to lots, setbacks, buildings, parking, landscaping, screening, and exterior materials shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City � 45.052. Uses Excluded 1. Radio or television antennas exceeding a height of 20 feet above dwelling roof. 2. Any use not specifically permitted in the preceeding paragraphs of this section. Uses Excluded �� E„ �� , Ja ti�, 45.053. Lot RQquirements & Setbacks Lot Requirements & Setbacks Yards, lot sizes, and open spaces shall be as required in this section for one-family dwellings hereafter erected in the R-1 District. 13 � R �_ `� � w° 1. Lot Area [� lot area�of not less than 9,000 square feet is required for one dwelling unit, except, A. Where a lot is without City Sanitary Sewer, the mini�num requized lot area is 18,000 square feet. B. Where a lot is one on a subdivision or plat aecorded before December 29, 1955, the minimum required lot area is 7,500 square feet. 1 2, I,ot Width The width of a lot shall not be less than 75 feet at the required setback, except; A. Where a parcel of land is at lea�t 60 feet in width, and comprises one or more fu11 sized lots, or parts thereof, in a subdivision or plat recorded before December 29, 1955, and it is no longer practical to require a greater widtFi, the minimum required lot width shall be 60 feet. � B. Where a parcel of land is less than 60 feet in � width, but not less than 50 feet in ��idth, and comprises one or more full sized lots or parts thereof, on a subdivision or plat recorded before December 29, 1955, and the minimurn width of a lot as originally made is less than 60 feet, and it ia � no longer practical to require a greater width, the minimum required lot width can be lowered to allow , a building on this parcel with the side yard require�ents reduced to five (5) feet minimum on each side subject to the following conditions: � 1) The distance between any attached garages or other accessory buildings is at least 10 feet. 2) The distance between any building and the living area in an ad�acent building is at least 15 feet, 3) The distance between the living areas in any two adjacent buildings is at least 20 feet. C. If lot splits are permitted with the lot width less than the reauired 75 feet, the lot must still meet the most restrictive lot requirements and setbacks; except for the lot area and lot width 14 � r .� 3. Lot Coverage Not more than 25 percent of the area of a lot shall be cwered by the main building and all accessory buildings. � 4. Setbacks A. Front Yard A front yard with a depth of not less than 35 feet is requiYed. B. Side Yard ltao side yards are required, each with a width of not less - than ten (10) feet, except as follows: 1) Where a house is huilt without an attzched garage on lots up to 60 feet wide, a minimum side lot requirEment shall be necessary of 10 feet on one side and 13 feeY on the other side so that there would 6e access to the rear yard for a possible detached garage at somz future date. 2) Where a house is built without an aYtached garage on lots more than 60 feet wide, a minimum side lot requirement shall 6e necessary of 10 feet on one side and 19 feet on the other side so that a future attached garage 14 feet wide could be built *aithout a side 1ot variance. � 3) The side yard ad�oining an attached garage may be reduced to not less than 5 feet, provided the height of the garage on that side is not more than 15 feet. � 4) Corner Lots a. The side yard width on a street side of a corner lot sha11 be not less than 17.5 feet. When the lot to the rear has frontage along a side street, no accessory building on the corner lot, within 25 feet of the co�non property line, shall be closer to said side street than 30 feet; provided, however, that this regulation shall not be so intezpreted as to reduce the buildable width of a corner 1ot to less than 25 feet. b. Any attached or unattached accessory build�ng which opens on the side street, shall be at least 25 feet from the property line on the side street. 5) Accessory buildings may be built not less than three(3) feet from any side lot line noti adjacent to a street. 15 �� 1 n a� �I .3 .� Y� � �1 _tl U a13 C. Rear Yaid A rear yar3 with a d^oth of not less thc_n 25 percent of the lot deptn is reyuired, with not less than 25 feet permitted or more than 40 feet required for the , main 6uilding except as follows� Accessory buildings may be built not less than three (3) feet from an}� xear lot line not ad�acent to a street. D. Double Frontage Tlte building lines wi11 prevail Lu iieL of rear yard requirements In the irstance of double frontage lots, the setback for gar2oes snd accessory buildings in a rear yard w�ll be che sar�e as Ler a front yard in the R-1 District area concerned The owner of a docble frontag° lot m2y elect to front the pzincipal builn�_ng on eitner �creet o�z z�hich !lie lot abuts, provided thzt the pii*.c�pal entrance to sucn building shall open on the streei so ,ele�ted. Wt�ere any such election _s mdnifestl� contrar� L-c the established charact�� or welfare of �tie neighborteood, the permit shall be ref�rred to �t�e lioard of Appeals for apprwal or disapp<oval 45.054, Building Requ�rements 1. Height No building shall hzreafter be erected, constructed, ieconstructed, altered, enlarged, or moved, so as to exceed the 6uilding height limit of 30 fee[. 2. Minimum F1oor Area A. For lots having a 9,000 square foot lot area and a 75 foot 1ot width, and for lots Yesulting from lot splits having less than 9,000 square feet and/or less than the 75 feet 1ot width, the mLUimum gross floor area of a single family dwelling sha11 be not less ktian 1,020 square fect of iinished floor area per dwelling unit� provided that: 16 Building Requiienents � � -A 1) A one story single family dwelling unit of Lhree bedrooms or less shall have a minimum of 1,020 square feet of living area. 2) A sin�le family dwelling unit consisting of two full stories above grade shall have a � minimum of 1,020 square feet of first floor area, at least 768 square feeC of which shall be lxving area and the dcaelling shall have a garage attached thereto having a floor area not less than 25Z square feet. 3) A single fdmily dwelling unit of a split level design of three bedrooms or less shall have a minimum of 1,020 square feet oi- living a=ea in the uppez two levels. 4) A two story dwelling unit of the split entxy design of three bedrooms or less sha11 have a minimum of 768 square feet of gross floor area in each of the upper two levels provided: a. The dwelling shall have a garage attached thereto having a floor arEa not less than 252 square feet. b. The finished floor level of the upper story is not less than six feet above grade. ' S) A two story dwelling unit having tlie upper story situated wholly or partly in the roof space provided; � a. The gross floor axea of the first story above grade sha11 be not less than 864 square feet. b. Each bedroom located in the upper story shall have a minimum of 120 square feet of floor area. c. The dwelling shall have a garage attached thereto having a floor area not less than ?5� square feet. 17 ii y k � IL '9 '-�f $, For lots less than 9,000 square fect, the dwelling shall have a first floor area of not less than 76II square feet exclusive of accessory buildings or an attached garage. C. In double bungalows, [he minimum total fixst floor aiea shall be 1,400square feet, and the minimum living area of any unit shall be 650 square feet exclusive of accessory buildings or an attached garage 45.055 Parking Requirenents I Parking Ratio At least one off-street parking stall shall be provided for each dwelling unit. 2. Garage Requirements A. All lots having a minir,�um lot area of 9,000 square feet shall have a minimum of a single stall garage. B. Foi lots resulting from lot splits having less than the 75 foot lot width shall have a miniim.�m of a single attached garage 3. General Provisions A. A properly mainta�ned hard surfa�e driveaay— is required foz each dwellxng unit with a garage. B. A gravel or similar type driveway must be properly maintained for each dcaelling unit without a garage. Special attention should be nv�de to keep this material from accumulating in the street C. The required parking stall sha11 not occupy any portion of a require3 front yard. 4e Existing Facilities All existing property occupied by buildings at the date of adoption of this ordinance in this district Will conform to Section 45 055, Parking Requirements, Patagxaph 3, General Provlsions, by January 1, 1973 � � Parking Requirements � I_J � � � 45.056. Landscaping 1. Grade Requirements A finished ground grade sha11 be established � such that natural drainage away from a11 buildings is provided The follocaing min�mum criteria shall apply: A. The minimum elevation of finished ground grade is to 6e not less than 4 inch rise per horizontal foot of setback measured fr�m curb grade. S. The maximum elevation of the finished ground grade to be not more than 48 inches above the estabZished curb grade. C. A different finished ground grade may be established upon application therefor for approval by the City Engineer's Office of the City if such different elevation is found not to adversely affect surface drainage to or from adjoining property D. The City Engineer may specify a mznimum finished ground grade for any structure in order [o allow proper connection to City Util�_ties � 2. Site Improvements A. Sodding and/or landscaping to extend across the entire front yard and side yards. � B. The boulevard, and rear yard are to be properly maintained. 3. Maintenance It shall be the owne�'s responsibility to see that the landscaping is maintained in an attractive and well kept condition. 19 Landscaping � `l �3 � s, -i 'F� :I - ` _ 45 . 06 45,061 45.062 45 .063 45.064 45.065 45.065 R-2, R-2A R-2, R-ZA Uses Permitted 1) Principal Uses 2) Accessory Uses 3) Uses Permitted with Special Use Permit 4) Other Uses Uses Excluded Lot Requirements and Sethacks 1) Lot Area 2) Lot Width 3) Lot Coverage 4) Sctbacks Building Requirements 1) Height 2) bSinimum Floor Area Parking Requirements 1) Parking Ratio 2) Garage Requirements 3) General Provisions 4) Existing Facilities Landscaping 1) Grade Requirements 2) Site Improvements 3) Maintainence 4) Performance Agreement � � l�' v .� I ; � � 45.06. R-2, R-2A DISTRICT REGULATIONS k5.061. Uses Permitted 1. Principal Uses A. R-2 T�ao Family Dwelling Districts 1) Ttao fam�ly dwellings 2) One family dwellings 3) 'Agriculture, including farm, truck �ardens and orchards, but e:ccluding animal and poultry raising 4) Churches, parish houses and convents 5) Townhouses, under the conditions stated in the townhouse development section 45.14 B. R-2A Double Bungalo�a Districts Ttoo family d�aellings only; on sau:e level adjacent to one another and not above or below other dwellings F�ccept for testrictions noted, the provisions applicable to the R-2A District are dthenrise the same as in the R-2 Di,trict 2. Accessory Uses A Private garages or other accessory buildings. Only one accessory building per lot, with each additional accessory building xequiring a special use permit. B. Privately o�med recreational £acilities, such as swimming pools, tennis courts, which are for the enjoyment and convenience of the residents of the principal use and Cheir guests C. Customary home occupations, including rental of rooms for occupancy to not more than t��o pezsons per dwelling unit, 3. Uses Perm�_tted idith Special Use Permit A. Lodging and boarding houses 20 _`! �! t' R-2, R-2A DISTRICT REGULATZONS Uses Permitted 0 �, __i�;r B. Nurseries and greenhouses for the propagation, cultivation and growing of plants on1y. , C. Golf course, country clubs, yacht clubs, tennis cnurts, s�aic�unitiK p��.�ls and additi,�n.�l recreational uses ALL NONCONAIERCIAL and not an acc�ssory use to the ' pTincipal uses in the R-2 Discri�C. D. Utility companies having transf�na�rs, pumping stations and substations are su6�ect to the following minimum requirements: 1� Musc conforni with surrounding neighb�rhood with xespect to setbacks, open spaces, architectural desLgn and also must be �cre•_aed 2) It must not have any regular emplo}'ces 3) The equipment must be completely enclosed in a structure. t__.1 � E Automobilc pazking lots for off-street parking � �spaces for anp use on ad�acent land when the - following minimum requirements have been met: 1) The m�nimum front yard setback is 25 feet, except where ad�acent R-1 or R-2 property has existing front yard setbacks exczeding 3� feet, additional front yard depth may be required. A side yard and rear yard setback of 5 feet is required 2) Proper screening, which includes a planting strip, fence, or wall provided on the property This must be substantial enough to create a physical separation of the properties imolved and considered acceptable by the Building Soard F Hospltals, clinics, nursing homes, convalyscent homes, homes for the elderly. 4. ' Other Uses ' � For other uses, other than dwelling units, permitted usels and uses requiring a special use permit, requix'e- menits as to lots, setbacks, buildings, parking, land- scalping, screening, ar.d e�terior matexi�ls shall Se atlleast compatablc to simyl2r u�es in ot}ier districts, butl also sub�ect to additional provisions as p1'ovided bv Ithe Cit�� r � J " r r � � 45.062 Uses Excluded 1. Radio or t�levision antennas exceeding a height of 20 feet above dwelling ro�f. 2. Any use not specifically permitted in the preceeding paragraphs of this section. Uses Excluded �a'l�t ��_ , � � 45.063. Lot Requirements & Set6acks Lot Requirements � Setbacks Yards, lot sizes, and open spaces sLall be as required itr this sectinn for two family dwellings hereafter erected in the R-2 & R-2A District. Si.ngle family d�aellings in an R-2 District, shall be subject to the :ot requirements and setbacks in the R-1 District regulations 1. Lot Area � A lot area of not less than 10,000 square feet is required for a two family dwelling unit. 2. Lot Width The width of a 1ot shall not be less than 75 feet at [he required setback, except, A. Where a parcel �f Land is at least 60 feet in width and cumprises one or more fu11 sized lots, or parts thereof in a su6division or plat recorded before December 29, 1955, and it is no longer practical to require a greater width, the minimum required lot width sha11 be 60 feet. B. Where a parcel of land is less than 60 feet in width, out not less than 50 feet in width, and comprises one or more full sized lots oi parts [hereof, on a sub3ivision or plat recorded before December 29, 1955 and the mLnimum width of a lot as originally made is less than 60 feet and it is no longer practical to require a greater width, Lhe minimum required lot width can be lowered to allow a building on this parcel wi2h the side yard � requirements reduced to five (5) feet minimum on each side suU�ect tu the following conditions; 22 , -t � � �, 0 � - L�_ 0 1) The distance between any at[ached garages or other accessory buildings is at least 10 feet ' 2,) The distance between any building and the living area an an ad�acen[ Uuilding is at least 15 feet. 3) The distances between the livin� areas in any two adjacent buildings is at least 70 feet. 3, Lot Coverage Not more �than 30 percent of the area of a 1ot shall be covered by the main building and a11 accessory buildin�s -� 4. Setbacks � + A. Fxont Yard A front yard wLth a depth of not Less than 35 feet ie required B. Side Yardc °Itao side yards are required, each wiCli a oridth of not less than ten (LO) feet, except as follow;; 1) Where a house is built without an attached garage on lots up to 60 feet ��ide, a minzmum sirle lot requirement shall be necessary of 10 feet_ on one s�3e and 13 feet on the other side so that there would be access to the rear yard ior a possible detached gardge at sone future date 2) Where a house is built without an attached garage on Iots more than 60 feet wide, a minimum side lot requirement shall be necessary of 10 feet on one side and ' 19 feet on the other side so that a future attached garage 14 fe�t w�de could be built without a side lot variance. 3) The side yard ad�oining an attached garage, may be. reduced to npt less than 5 feet, provided th� height of the garage on that side is not more than 15 feet. 4) Corner Lots a The side yard width on a stxeet side of a coxner 1ot siiall be not less tlian ]7 5=eet When the lot to the xear has frontage along�a side stree[, no 23 � 1 �I � S G J accessory building on the corner lot, within 25 feet of the common property line, shall be clo„er to said side street than 3� feet, provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than 25 feet. b. Any attached or una[tached accessory building which opens on the side street, shall be at least 25 feet from the property line on the side street. 5) Accessory buildings may be bu�lt not less than ` three (3) feet from any side lot line not ad�acent to a street. C. Rear Yard A rear yard with a depth of not less than 25 percent of the lot depth is required, with not less than 25 feet permitted, or more than 40 feet required for the main � building except as follows; Accessory buildings may be built not less than three (3) feet from any rear lot line not adjacent to a street. D. Double Frontage The building lines will prevail in lieu of rear yard requirements. In the instance of dou6le frontage lots, the set back for garages and accessory buildings in a rear yard will be the same as for a front yard in the R-2 District area concerned The owner of a double frontage lot may elect to front the principal building on either street on which the lot abuts, provided that the principal entrance to such building shall open on the street so selected. Where any such election is manifestly contrary to the established character or welfare of the neighbvrhood, the permit sha11 be referred to the Board of Appeals for approval or disapproval. 45.064. Suilding Requirements Building Requirements 1. Height � No building shall here&ft5er be er2cted, constructed, reconstnicted, altered, enl�rged or noved, so as to esceed the huild�ng heighL' limit oS 30 feet. 24 � �� ' e� � m �I ',P, �::r 2e Mimimum Floor Area Yn a two family dwelling, the minimum total floor area shall be 1,400 square feet, the minimum living area of any dwelling unit shall be 650 square feet, and in no case shall the first floor area be less than 768 square feet. 45.065. Parking Requirements 1. Parking Ratio At least �two off-street parking stalls shall be provided for each dwelling unit 2. Garage Requirements A one and one-half stall garage is required for each dwelling unit. 3. General Provisions , A A properly maintained hard surface driveway and parking stalls are required for each dwelling unit B. The required parkin� stall shall not occupy any portion of a required front yard. 4. Existing Facilities AlI existing property occupied by buildings at the date of adoption of this ordinance in this district will conform to Section 45.065, Parking Requirements, General Provisions, Paragraph 3, by January 1, 1973. 45.066 Landscapsng 1. Grade Requirements A finished ground grade shall be established such that natural drainage 3way from all buildings is provided The following minimum criteria sha11 apply; , A. The minimum elevation of finished ground grade is to be not less than � inch rise per horizontal foot of setbzck measured fron curb grade. 25 Yarking Requirements Landscaping � 1 � t �__ 0 � B. The maximum elevation of the finished ground grade is to be not more than 48 inches above the established curb grade C. A different finished ground grade may be esta6lished upon application therefore for approval by the City Engineer's Office of the City if such different elevation is found not to adversely affect surface drainage to or from ad,7oining property. D The City Engineer may specify a minimum finished ground grade for any structure in order to a11ow proper connection to City Utilities. 2. Site Improvements A. Sodding and landscaping to extend across the entire front yar3. B. The 6oulevard, side yards, and rear ya rds are to be property maintained � 3. Maintenance It shall be the owners responsibility to see that this landscaping is maintained in an attractive and well kept condition 4. Performance Agreement � Before the building permit is issued, the land owner will be required to submit a per£ormance anre�n�ent etztxr.g that within a reasonable time, to be fixed in the agreement, the site improvements and parking facilities are completed according to the plot plan submitted. 26 '� � a ``,� . � -1 ° ''_� � _ 45.07 45.071 45 .072 ° 45 .073 45 °074 45 . 075 45�076 45.077 45.078 45.079 R-3, R-3A R-3, R-3A , TJses Permitted 1) Principal Uses 2) Accessory Uses 3) Uses Permitted with Special Use Pexa�it 4) Other Uses Uses Excluded Lot Requirements and Setbacks 1) Lot Area 2) Lot Width 3) Lot Coverage 4) Setbacks Building Fequzrements 1) Height 2) Storage Space 3) Laundry Space 4) Basement Apartments S) Floor Area 6) Living Space 7) Sound Yarking P,equirements lj General Provisions £or All Parking Areas in R-3 and R-3A Districts 2) Park�_ng Ratio Requirements by Use Landscaping Fxternal Materials Screening 7) Gencral Requirements 2) Parking Facilities 3) Loading Facilities 4) Garb�ge Storage 5) District Separation Existing Facilities � 1) Site Improvement 2) Exterior Development Permit L . � � � ,r � 45.07 � � R-3, R-3A DISTRICT REGULATIONS 45.071. Uses Permitted Principal Uses A. R-3 General Multiple Dwelling Districts 1) Multiple dcoellings and multiple dweiling complexes 2) Aotels, apartment hotels, motels 3) Lodging and boarding houses 4) Colleges and Universities 5) Fraternity and sorority houses 6) One and two family dwellings 7) Churches, parish houses, convents, child nurseries, nursery schools, and private schools � for educaCional purposes similar to public elementary secondary schools 8) Agriculture, gardening, truck gardening 9) Townhouses, under the conditions stated in the townhouse development section 45 14 B. R-3A Apartment and Multiple Dwelling Districts Apartments and multiple dweilings only,containing three (3) or more dwelling units. The provisions applicable to the R-3A district are otherwise the same as in the R-3 district, except for the area requirements as noted in section 45 073 2. Accessory Uses A. Parking areas and garages B. Private recreational facilities including swimmino.pools and tennis courts, intznded solely for thA use and enjoyment of the resi- dent$ of the p n ncipal use and their guests � C. Accessory uses shall include services for tenaats provided they ate provided only for the residents of the principal use ,and [h�ir guests and have no advertising or display visible from the outside of [he 6uilding. Not more than 10 percent of the gross f�POr area of a dW�11�Rg Q��ay �� {��voted to [hese accessory uses 27 JI ) � �.✓ JLV_ 4,.v F e"} � R-3, R-3A DISTNICT RGGULATIONS Uses Pernutted A- �� ,J'1� �i 3. Uses Pezmitted With Special Use Permit A. Hoxticulture, stock animal and pnultry raising provided that the buildinQS and uses shall not be located -aithuz SOU fee[ .�1 the boundary line of any R-1 or R-' dLStrict. B. Nurseries and greenhouses for the propagation, cul[ivation, and growing of plants on1y. C. Sale on the premises in season on1y, of farm groduc[s, produced on the premises. D. Golf course, country clubs, yacht clubs, tennis qourts, swim-ning pools, and add�tLOnal Tecreational uses ALL NOlv'COhAfEERCIAL and not an accessory use to the principal uses in the R-3 District, E. U[ility companies havin� [ransformers, pumping stations and substations are subject to the Eollowi¢g minimum requLremenCS; Must confozm with surrounding neLghborhood with respect to setbacks, open spaces, architectural design and also must be screened F. Automobile parking lots for off-street parking spaces for any use on ad�acent land, when [he following mininwm requirements have been met� 1) The minimum front yard setback is 25 feet, except where ad�acent R-3 property has existing front yard setbacks exceeding 35 fee[, additicnal front depth ��ay be requiied. A side yard and rear yard minimum setback of S feet is required 2) Proper screening, which includes a planting strip, fence, or wa11 provided on the property. This must be substantial enough to create a physical separation of the properties invnlved and considered acceQ[able 6y the Building Board. G. Hospitals, clinic�, nursing homes, convalescent homes, homes for the elderly. � �.� � � , S � �. � � � � 0 H. Hi-Rise apartments, provided the following minimum conditions are met, plus any additional iequirements the Council shall consider necessary; 1) Minimum lot area - 1-z acre 2) Landscaping - minimum 25% 3) Maximum Lot coverage - 3ff/, 4) Adequa[e parking facilities - see �%47.075 5) The minimum building setbacks shall be 50 feet in front, rear, and sideyards. 6) Minimum height - 7 stories 4. Other Uses For other uses other than dwelling units, permitted uses and uses requiring a special use permit, requirements as to lo[s, setbacks, buildings, parking, landscaping, screening, and ehterior materials shall be at least comparable to similar uses iu other districts, but also sub�ect to additional provisions as provided by the City. 45.072 Uses Excluded 1. Radio or television antennas exceeding a height of 20 feet above dwelling roof. 2. Any use not specifically permitted in the pre- ceeding paragraphs of this section. 45.073. Lot Requirements & Setbacks Yards, lot sizes, and open spaces shall 6e required in this section for multiple dwellir_gs hereaf[er erected in the R-3 and &-3A Districts. 1. Lot Area A, R-3 General Multiple Dwelling Districts ,1) A lot area of not less than 10,000 square feet is required for a three famiLy dwclling 29 Uses Excluded Lot Requirements & Setbacks � �" `.' > � �, � Y � 0 2) A lot area of not less than 15,000 square feet is required for a four family dwelling, and a lut area oF not leso [han 1,000 addition square fee� is required for each dwelling unit therein over four Ln number However, the average square foot 1ot area for each dwelling unit sha11 not be less than 2,500 square feet for the first three stories. An additional 950 square feet of lot area per dwelling uait is required from the fourth thru the sixth sto:ies One and two family dwelling uniLS wi11 be sub�ect [o the provisions in R-1 and R-2 Districts respectively. B. R-3A Apartment and Multiple Dwelling Districts 1) A lot area of not less than 10,000 square feet is required for a three family dwelling. 2) A lot area of not less than 15,000 square feet is required for a four family dwelling, and a lot area of not Iess than 1,500 � additional square feet is required for each dwelling unit therein over four in number. However, the average square foot lot area for each dwelling unit shall not be less than 2,500 square feet. 2. Lot Width A. A lot width of 75 feet is required for multiple dwellings of two or three units �. A lot width of 85 feet is required For multiple dwellings with four or more units, 3. Lot Coverage Not more than 30 percent of the area of a lot shall be covered by the main 6oilding and a11 accessory buildings, Not more [han 20 percent of the lot area shall be covered by the main building 4. Setbacks A, Froat Yard A front yard with a depth of not less than 35 feet is required 30 - ;_. ' � � s .y ; � S. Side Yard 1) Two side yards are required, each with a width of not less than fifteen feet, except where the height of the building exceeds 35 Peet, one (1) additional foot of width of each side yard is required for each four (4) feet, or portion thereof, of building height in excess of 35 feet. 2) Where a driveway is to be provided in the side yard, the minimum required side � yard is Cwenty-five (25) feet 3) Where a side yard abuts a street of a corner Lot, the side yard requirement is a minimum of thirty-five (35) feet. C. Rear Yard A rear yard with a depth of not less than 25 � per cent of the lot depth is required, with not less than 25 feet permitted or mure than 40 feet required for a multlple dwelling building, aad not less than 3� feet permitted or more than 75 feet required for any oLher kind of maLn building, provided that 1 additiunal foot of depth of rear yard xs required for each 2 fee[ or portion thereof, of building 6eight 1n excess of 35 feet. 45.074 Buiiding Requirements L. Height A maximum of 6 stories, but not exceeding 65 feet, provided [hat no buildLng sha11 be erected to a height exceeding 45 feet within 50 feet of any R-1 or R-2 District, with one additional foot of space between the main building and the R-1 or R-2 District required for each foot or portion of building height over 45 feet. 2. Storage Space Forty square feet of floor area, flonr to ceiling, � per dwelling unit for stor�ge shall be pruvicied A minimum ot twenCy yquase Feet �ha11 be provided in the dwell�ng eticlusive of the d��elling unit The remai mng required stora�e area, may be located anywhere on the lot (as defined herein) provided this area Ls convenient and not locaLed or included 31 Building Requirements 1 F ;F�� - L m .;j li Ij � �{ �� k'� �L1 $n the storage space within each individual dwelling unit. Also, each storage space for each dwelling unit shatl be enclosed and separated from other storage spaces. 3. Laundry Space The miuimum space for laundry room facilities to be provided shall be not less than 100 square feet of floor area zn structures contalning not more than four (4) dFrelling units, not less than 2D0 square feet of Ploor area in structures containing not more than eight (8) dwelliag units, and a laundry room area of not less than 50 additional square feet for each additional four (4) units or portion thereuf. 4. Aasement Apartments One or more dwelling units may be located in the basemen[ or lowest level of the building structure but only in that space not required therein for storage or heating or ventilating purposes or laundry room facilities Efficiency apartments, as denoted herein below, sha11 not occupy in total more than one-half of any such remaining floor area in the basement or Zowest 2eve1 of the structure; and no apar[ment in such basement or lowest level sha11 itself contain more than Gwo bedrooms So Floor Area Except as to such a unit which is denoted heretn as an efficiency apartment, each dwelling unit conta�ns not less than 525 square feet in total floor area a� there is only one bedroom in the unit, and �n�ot�less than 650 square feet in total area if there are two bedrooms in the unit, and when such unit �contains more than two bedrooms the total floor area is inereased and the unit contains not less than 125 square feet more and add�tional floor area for each such additional bedrornn Further, no room therein designated as a bedroom or actually used for regular sleeping purposes contains less than 80 square feet oi iloor area exclus�ve of walls and partitions An eff�ciency apartment is a dwellieg unit :atuch conta�ns not less than G00 squsre fcet of floor area, but not more than 5?5 square feet of floor area in a multiple d�;clling xn which sucli unit [tiere ❑iay uc nwy ❑ot P,e a sep�ratc beuio�m Itti eny structure cor.taining 4 dwellin� en�ts, not more [han one of such units is an effzciency apartmeut, and in any structu*e contaxning moxe than 4 dwelling un;ts, 32 _ � � � � � � not more thaa one such efficiency unit is located on any floor al�ove the basement or lowest level of the structure. 6. Living Space The dwelling structure site and each dwelling unit therein is designed to provide adequate and health- ful residential living space to its occupants. No unit therein is designed or is actually used to provide living space accommodations in less than the following ratio: 200 ot more square feet of floor area for each adult in the unit, and 125 or more square feet of floor area for each minor in the,unit. 7. Souad Party and corridor partitions and floor systems shall be of a type rated by a laboratory regularly engaged in sound testing as capable of accomrlishing an average sound transmission loss (using a 9 frequency test) of nut less than 50 decibels D��or � systems between corridors and dwelling eLUts sha11 be of solid core cons[ruction and include gasketa and closure plates. Roum relationships, h,sllway designs, door and window placements and plumbing and ventilating installationa shall be such that they assist in the control of sound transmission from unit [o unit. 45.075. Parking Reqvirements Parking Requiremen.ts 1. General Provisions for All Parking Areas in R-3 and R-3A Districts A. Drainage & Surface The surfaces of parking stalls, aisles, and access driveways sha11 be blacktop, concrete, or other hard surface >nd properly maintained for adequate drainage and free from dust, dirt and mud. Proper main[enance includes keeping the blacktop, concrete or other hard sur£aces in good condition & free from chuck-holes and other types of surface cracks and breu;cao�e � B. Curbing The entire perimeter of [he park�ng stalls, aisles, and access driveways shall be curbed with six (6) inch hjgj� curt,ir}g o� poUre�3 concreCe, 33 `�_ : yq � ,_ n �I 4 �� `� �_ Q� a�i c C. Parking Location AL1 required garking stalls shall be located on the premises [o which such requirements apply or on an off-street space distant not more than 500 feet fran such premises. D. Parking Stalls For the purpose of this chapter one parking stall shall be not less than 200 square feet in area, with a m�ninum width of 10 feet, in addition to w6atever area is required for satisfactory movement into and out of such sta11 except that in the case where attendants perform the act of parking ia defined and adequate s[alls then each such stall shall be considered a parking stall as required herein E. Off street parking is prohibited in the following areas: 1) Any portion of required front yard 2) Any more than 2/3 of required rear yard 3) Any closer to a lot line than 5 feet 4) Any closer to a main building [han 5 fee[ F. Driveway Requirements 1) A maximum driveway width of 26 feet at the curb operino, _rclnding the eatr�nca radii can be constructed witt�out the City's approval. 2) The edge of the curb opening shall not be closer to the nearest portion of a street right of way intersection than 75 feet, or 2/3 of the lot w�dth, whichever is smaller. ERGEPfION: Where a"T" intersection exists, a drive may be located opposite the end of the intercepted street. 34 0 - `L � � � i � 3) A minimue� driveway angle to the street shall be 60 degrees 4) �he driveway pavement must be � feet £rom any loC line and the main building. G. Safety The City Engineer can require signs, markings, and traffic control devices as are necessary to promote vehicular and pedestrian safety. H, Parking Stall Designation Marking desxgnating each individual 200 square foot, with a minimum width of 10 feet, parking stall, shall be provided. 2. Farking Ratio Requirements Ey Use A, Multiple Dwellings � 12 off street parking stalls are reqm red for each one bedroom dwelling unit in any dwelling, An additional off street � parking stall is required for each bedroom in excess of one in any dwelling unit. S, One parking stall for: 1) Each sleeping accomodation in any auto- mobile court or *ourist home and each camp unit in any automobile camp. 2) Each 2 sleeping accomodations in any hotel, boardxng house, fraternity or sorori[y house, or dormitory, in addition to the number oY parking stalls required for its dining and entertainment uses 3) Each 4 seats or similar accomodations in any restaurant, theatre, auditorium, �stadi•im, church, entertainment use, hall for meetxngs, dancing or social events, and other use where seats or sxmilar acCOmedations .' are provided for gatherings oi 6 or more � persons. C. No reductio❑ af p�rking spac��s All required parking spaces provided on a lot or in a building snall be unob5truc[ed and useable for the purpose and sha1L ❑ot be reduced, 35 � °� t �, �� `y D. If cnclosed parking s[alls are used to satisfy the parking ratio requirements, it is [hen the responsibilLty of the property osaner to see [hat sufficient unenclosed � rking stalls , exist to accomoda_e all the off street parking needs oi the principal use. E. If undezground parking is provided, the lot area may be reduced by an amount; qual tio the amount of parking area provided underground. Aowever, the lot area can be reduced only to a point whese the main building and a11 accessory buildings cover 30% of the lot azea, or 30% for Che main building if no accessory buildings exist. 45.076. Landscapin� Landscaping The minimum area to be landscapcd on any individual lot shall be 35 per cent. 1. The entire front yard sha11 be sodded and land- scaped from the street surfacing or curb to the front of the main building. - 2. All open areas of any site, lot, tract, or parcel shall be graded to provide proper drainage ar.d except for areas used for parking, driveways, or storage, shall be landscaped with trees, shrubs, and planted ground cover. Location size and species of trees anJ shrubs sha11 be indicated on [he site plan and sub�ect to approval by the Building Soard. 3. It shall be the oomers responsibility to see that this landscaping is maintained xn an attractive and well-kept condition. 45.077. Exterior Pfaterials Exterior riaterials 1. The type of building materials used on exterior walls shall 6e face brick, natural stone, specifically designed precast concrete, factory fabricated and f�nished mel-al frame pane]inJ, glass, or other materials as may� be approved By the Fridley Building Board, 2. Exterior Maintenance of Buildings Every extcrior wa11, fo�mdation anci roof o£ any building or structure sha11 be reasonabl; wzter- tight, weathertight, and rodent proof, aed shall 6e kept in a aorkmar.like state of maintenance and repair. Exterior walls shall be maintained and 36 1 � � . . � � � kept free from dilapidation by cracks, tears, or breaks or fram deteriorated plaster, stucco, br3ck, wood or other material that is extensive and glves evidence of iong neglect, "The protective surface on exterior walls of a building above ground level shall be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limiting the get3erality of this section, a protective surface of a building sha11 be deemed to be out of repair if (a) more than 25% of the area of any plane or wall on which the protective �surface is paint is blistered, cracked, flaked, scaled or chalked away, or (b) more than 25% of the pointing of any brick or stone wall is loose or has fallen out." 1 2 45.078. Screening General Requirements A. All screening must be approved by [he Building Board. B. All screening within 30 feet of all driveways and street intersections shall not be over 36 inches in height above the curb or center line of Che street. C. All screening shall for the purpose it was on the approved plans Parking Facilities 6e maintained adequately originally intended for Parkino between the building and street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least 36 inches in height. 3. Loading Facilities Loading in the Side yard must be screened from vie�a from the public street by a planted strip or a 6 foot Eence of substantial construction approved by the Building Board. 4. Garbage Storage Garbage receptacles or incineratnrs must be in either the rear or side yard and must be screened #XO[it public view by a 6 foo[ approved �ence. 37 Screening y � � �a � 9 7 4 � °iJ c 5. District Separation When an R-3 property is ad�acent to any R-1 or R-2 DLStrict there sha11 be either a 15 foot planting strip, fence, or wall prov_ded on R-3 proper[y. This mus� be sub�[antia[ enough to create a physic,al separation of the property and considered acceptable by the Suilding Board 45.079. Existing Facilittes 1. Site Improvements All existing property occupied by buildings at the date of adoption of this ordinance i❑ this district will conform to the following sections of this ordinance by Jamiary 1, 1973: Section 45 075 - 1 General Provisions For A11 Parking Areas in R-3 District Section 45 076 Section 45.077 A. Drainage and Suriace T,andscaping Exterior Materials 2. Exterior Maintenance of Buildings 2. Exterior Development Permit In order to make the necessary alterations to conform to the above standards, an exterior development permit sha11 be applied for by the applicant and approved by the Building Inspection Department. A Building Eoard approval is not necessary for this permit, � Existing Facilities a � � � . � � � � � 45.08. R-4 DISTRICT RE�UI.ATIONS 1. Principai Uses � All the provisions of the Zoning Ordinance relating to R-3 uses petmitted apply to R-4 (Mobile Home Park) with the addition of; Uses Permitted With Special Use Permit A. Automobile camps S. Trailer courts ,2. Special Area Requirement Each site in a mobile home park designed a£ter August 17, 1964, shall have a minimum of 3,500 square feet for each mobzle home. 3. Other Requirements A, Provide one (1) 10' x 20' hard-surfaced parking space. B. Sodding of complete site. C. Recreation and child play areas to equal 5- 10'/ of- total area. D. Site °1aa sub�ect to review and recomm�ndatioe�s of Design-Control and approval o£ City Council. E. Sidewalks as required by the City. 39 R-4 DISTRICT REGULATIONS $ � �rvyf i� '_I YI ? kl I � � : h_N � !_.�'�e � 45.09. P DISTRICT KEGULATIONS P Districts include such land areas, waterways� and water areas as are owned, controlled, regulated, used or prapased to be used by the City of Fridley or other public body 45.091. Uses Permitted 1. Yublic buildings and uses. 2. Public parks, playgrounds, athletic fields, go�f courses, airports, parking areas 3. Public streets, alleys, easements and other public ways, highw�.ys an3 thoroughfares. 4. Public drains, sewers, water lines, watar storage, treatment and pumping facilities, and other public utility and public service facilities S Temporary public hous�ng required and designed to rel�eve a critical housing shortage. 6. Dwellings or dwelling units for employees having duties in connection with any premises requiring them to live thereon, includin� families of such employees when 2iving with [hem 7. Other public purposes and uses; and such private purposes or uses as are necessary or tncLdenLal only to a p�bl�c p�rposc or use or as are carried on as a public utility or service under tranchise, license, ordinaqce, resolut�ott or special permit, including gas, electric, telephone, and the 1ike; all after a permit thereLor is obtained, 45.a42 Uses Excluded 1. Dwellings or dwelling units except those enumerated under Uses Permitted 2. Any uses_wh��h are of odor, dust, sm�l.e, to property. 3. Ihimps, �unk yards ob�ectionable because .,f emission gas, vibration, ❑oise, or hazard 4 Private trades, Uusiness or ir.dustries except any [hat are only accessory uses or necessarily incidental to permitted uses or as are a pu6lic otility or service carried on under a permi[, a11 as aoted in �F7 above 40 P DISTRICT REGULATIONS Uses Pea-mitted Uses Excluded , i_ _ , � � � � 0 45.093. Lot Area Requirements 1. Yards,.lot areas and widths, lot coverage and open spaces for dwellings, dwelling groups, automobile and trailer camps sha11 be as established by the City Council in each case where a permit for any such use is approved. 2. Otherwise, no building or structurr or portion thereof erected in the P District sha11 be closer to any boundary line of any R-1, R-2 or R-3 District than 20 feet, excepting only sidewalks, curbs and gutters, street pavements, utility lines, official traffic direction or regulatory signs or devzces, and similar street, traffic and utility appurtenances. � � �1 c Lot Area Requirements 0 � ��jG 1�`JE"r � n L ; . , �, S �'� �� 0 � C-1. C-2. C-1S. C-2S � � � _ _l 1 45.10 C-1, C-2, C-15, G25 450101 Uses Permitted 1) Principal Uses 2) Accessory Uses 3) Permitted Uses with Special Use Permit 45.102 Uses Excluded 45e103 Lot Requirements and Setbacks , 1) Lot Area 2) Lot Sdidth 3) Lot Coverage 4) Setbacks 5) Building Height 6) Requirements for Commercial Prooerty Abutting other Districts 45.104 Parking Requirements 1) General Provisions ' 2) Parking Ratio by Use 45.105 Landscaping 45.106 Exterior bfaterials 45.107 Screening 1) General Requirements 2) Parking Facilitaes 3) Loading Facilities 4) Material and Equipment Storage 5) Garbage Storage 6) District Separation /+5.108 Existing Facilities 1) Site Improvement 2) Exterior Development Permit m � � . .,. L�I ---� ��J � r� 1 45.10. C-1, C-15, C-2, C-25 DISSRICT REGUlATI0N5 45.101. Uses Permitted Principal L'ses A. C-1 Local Business & C-1S Local Shopping Local busfness establishments shall be retail or service establishme�ts which deal directly with the cus[omer for whom the good= or services are ` furnished. 1) Retail stores and shops and sma11 service businesses such as : art shops, professional studios; clothing, drug, grocery, fruit, meat, vegetable, confectionary, hardware, sporting goods, sta[ionery, music, variety and notion stores, household appliance, fixture and furnishing stores and repair shops in connection therewith; s[ores and shops for barbers, beauticians, cabinet makers, electncians, �ewelers, watchmakers, locksmiths, painters, plumbers, shoemakers, tailors, dressmakers, clothes pressers, �ob printers, blueprinters, photographers 2) Bakeries, cafes, confectioneries, and ice cream and suft drink shops, including the preparation of food products for retail sale from their sites only. 3) Liquor stores �elling packaged goods 4) Radio and television offices and studios, excluding radio or television transmission towers, 5) Thea[res, lodges and assembly facilities having a seating capacity of less than 300 persons, but not including outdoer theatres. 6) Offices, including business and professional. 7) Sale of farm and garden products �� ; �,'' ,, ii �� 0 C-1, C-1S, C-2, C-2S DISTRICT REGULATIONS Uses Permitted 0 s r-, 8) Other retail stores and shops, offices and small service businesses catering to neighboihood patronage, and sir�iilar in character to those enumerated above, not dangerous or othercaise detrimental to persons residing or working in the vicinity Chereof, or to the public welfare, and not imparing the use, enjoyment or value of any property, except any vses excluded hereinafter. B< C-2 General Business & C-2S General Shopping Bvsiness establishments shall be retail or service establishments which deal directly witfi the customer for whom the goods or services are furnished. 1) Dru� stores 2) 13ardware stores 3) DepaYtment stores - 4) Bakeries 5) Bars, taverns 6) Household equipment regair shops 7) Florist shops 8) Commercial recreation 9) Restaurants, excluding "Drive-Tns" 10) Flotels, moCels 11) Theaters, lodges, assembly halls, auditoriums 12) Hospitals, clinics, nursing homes, convalescent homes, homes for the elderly. 13) Offices, including busincss and professional 14) Vocational trade schools 15) Laboratoxies, medical, dental and optical, and harmless and inoffFnsive laboratories accessory to permitted uses, in the same build�nu, 43 � � � � �- � 0 16) OLher retail or wholesale sales or service uses which are similar in character ta those enumex�ted abnve, will not be danoc:ous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and will not impair the use, enjoyment or value of any property, but not including any uses er.cluded hereinafter 2. Accessory Uses A. Business signs. B. Off-street parking facilities, C. Off-street loading facilities. D. Recreational facilities such as swimming pools and skating rinks, o�hich are availaUle to the public. � E. Storage of inerchandise, solely intended to be retailed by a related and established principal use. F. Telephone booths G. Bus or taxi loading and unloading facilities. 3. Permitted Uses With Special Use Pern�it in C-2 and C-2S Districts A. Bus and taxi terminals. B. Automobile agencies selling or displaying new, unused vehicles. C. Boat and marine sCOres or agencies selling oz displaying new, unused boats. D. Garages for the storage, repairs and servicing of motor vehicles not over two- ton capacity. � E. Automobile service stations. F. 4fortuaries G. Used car lots 0 44 C ; � � (� �.) i i E_ _ _ � _ �� $, Automobile car wash establishments I. Es[ablishments of the "drive-in" type, selling, servinb or offering goods or services directly to customers either waiting in parked mo[or vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises of [he principal use, shall not be permit[ed unless specifically authorized by a special use permit J. Creameries, dairies and ice cream plants. . K, Shops for the following and similar occupations; blacksmith, machinist, mason, printer, sign painter, tinsmith. L. Ice plants, cold storage plants, frozen food lockers M. Laundries N. Trailers, campers, mol�ile homes, boats, machincry, spor[ing equipment and like enterprises having its merchandise in the open and not under the cover of a display salesroom. 0. Other retail or wholesale sales or service uses which are similar in character to those enumerated above, will not be dangerous or otherwise detrimental to persons rzsiding or working in the vicinity thereof, or to the public welfare, and will not impair the use, en,7oyment or value of any property, but not including any uses excluded hereina£ter. P, Animal clinics, veterinaries, dog and cat hospitals prov�ded the following conditions are met in order to eliminate excessive noise and odors: a. The buil$ing shall be of masonry constrvction, outside wall minimum thickness to be S", with a precast concrete roof. h The building shall be air conditionPd, all windo«s in the area of the buildin� housing antmals shall be dou6le glazed with a fixed sash. 4� " 1 `_ ' ' � �, . � � 0 c. Any ventilation system shall be designed so that no odors or organism will spread between wards or to the outside air. The above conditions are considered minimum Additional conditions may be imposed, if � necessary, to protect the health, safety and general welfare of the residents oi the City. 45.1D2. Uses Excluded 1. C-1 & C-1S Only Uses Excluded � A, Commercial recreation uses such as amusement parks, bo�oling alleys, billiard and pool halls, dance halls and skating rinks. B. Taverns, beer gardens or bars serving any alcoholic beverages on the premises. C. Mortuaries D. Used car lo[s 2. C-1, C-1S, G2, C-2S A. Any use permitted in M-1 or M-2 Districts B. Any use excluded fiom M-1 ➢is�ricts or irom M-2 Districts C. Junk yards D. Manufacturing and processing other than accessory use customarily incidental to permitted � cammercial sales and service uses,. E. Any use ��hich is ob�ectionable by reaeon of emission of odor, dust, smot.e, gas, v�bration or noise, or because of sub�ection of life, health or property to hazard 4G ,��I"�� ,s , _a ��r � � 45.103. Lot Requiremen[s & Setbacks 0 Lot Requirements b� Setbacks Yards, lot sizes„ and open spaces shall be as requir�d in this section for buildings hcreafter erected in the C-1, C-1S, C-2, & C 25 Districts. 1. Lot Area � A lot area of not less than 25,000 square feet is sequired for one main building 2. Lot Width A lot width of not less than 200 feet is required at the required setback. 3. Lot Coverage The maximum percent of the area of a lot a7lowed to be covered by the main building and all accessory buildings is as follows; A. One story -- 40% maximum �. Two story - 35% uiaximum C. Thre� story - 30% maxic�um b. FouY story - 25% maximum Eo Five story � 20`7, maximum F, Six story - 15% maximum The above lot coverage percen[s will be suUject to other considerations, such as parking & open space requirements, use of facilities, and location to other districts; which may decrease the allowable lot coverage. 4. Setbacks ' e General: The following setback res[rictions are the minimum requirements. 0 47 � � � ;� r � , � Additional setback restrictions are sub�ect to the discretion of the City based on existing neighborhood patterns and l,ity wide planning A. Front Yard 1) C-1, C-2 Permitted buildings and uses except automo6ile parking and loading spaces, driveways, essential service, walks, and planting spaces sha11 not be closer to any public right of ' way than 35 feet. A setback of 20 feet is required for off-street parking 2) C-1S, C-2S Permitted buildings and uses, except automobile paiking and Loading spaces, driveways� essential service, walks, and planting spaces � shall not be closer to any pu6lic right of way Chan 80 feet. A setback of 20 feet is required for off-street parking B Side Yard TWO side yards are required, each with a width of not less than 15 feet except; 1) Where a driveway is to be provided in the side yard, the minimum required side yard increases to thirty (3Q) feet. 2) Where a side yard abuts a street of a corner lot, the side yard re�virement increases to a minimum of thirty-five (35) feet 3) No side yard is required where a covunon wall is provided between two buildings, which meet the fire safety standards C. .Rear Yard 1) C-1, C-2 � A rear yard of not less than 25 feet is required. 2) G1S, C-2S PermittPd buildings and uses, except auto- mobile parking and loading spaces, driveways, � e �°}'� �" }.� , -„ n v ��} �� ✓ �µ 5 ra essential services, walks, and planting spaces, sha11 not be closer to anq alley line than 40 feet. A rear yard of not less than 25 feet is required where no alley exists. Building Height A. C-1 & C-1S Thtee stories, hu[ not exceeding 45 feet B. C-2 G� GZS A maximum of 6 stories, buc not exceeding 65 feet, provided that no building sha11 be et2cted to a height exceeding 45 feet within 50 feet of any R-1 or P,-2 district, with one additional foot of space between the main building and the R-1 or R-2 districC required for each foot or portion of building height over 45 feet. 6. Requirements for Commercial Property Abutting O[her Zoning Distric[s " A, C-1 & C-2 No special requirements other than the required setbacks. B. C-1S & C-2S Pe�itted buildings and uses, except automobile parking and loading spaces, driveways, essential services, walks, and plantino spaces, shall not be closer to the bouadary liae of any other districC than 50 feet 45.104, Parking Requirements 1. General Provisions for All Parking Areas in C-1, C-2, C-15, & C-ZS Distrirts A, Drainage & Surface The surfaces of parking stalls acxd aisles, trucks, standing spaces and accAss dr:veways shall be blacictop, concrete, or other }�ard surface and properly maintained for adequate drainage and free from dust, dirt and mud , 47 Parking Requirements Y� _. � � � 6 .� o^'� � , Proper maintenance includes keeping the blacktop, concrete or other hard surface in good condition & free fro^� chuck-holec and other types of surface cracks and bzeakage, B. Curbing The entire perimeter of the parking stalls and aisles, trucks standing spaces and access drive- ways shall be curbed with a six (6) inch high curbing of poured concrete. , C. Parking location All required parking s[alls shall be located on the premises Co which such requirements applies ar on an off-street space distant not more than 500 feet from such premises, provided that stalls required for employees and proprietors of any ptemises may be located on an off-street space distant not more than 1,000 Feet from such � premises. D. Parking stalls For the purpose oF this chapter one parking stall shall be not less than 200 square feeG in area with a minimum width of 10 feet in addition to whatever area is required for satisfactory movement into and out of such sCall except that xn the case where attendants perform the act of parking in defined and adequate stalls then each such stall shall be considered a parking sta11 as required herein. E. Off street parking is prohibited in the following areas; 1) Any portion of required 20 foot front yard 2) Any closer to a lot line than 5 feet 3) Any closer to a main building than 5 feet F. ,Driveway requirements � 1) A maximum drivec�ay wid�h of 2b feet at the cur6 openino, excluding the entrance radii can be constructFd.cd�thout [hc City's approval. 50 °:apu�� ,`� o , . 0 L _ r ' ;, l �I � � � f �` 2) The edge of Che curb opening shall not be closer to the nearest portion of a street right of way intersection than 75 feet, or 2(3 of the 1ot v•dth (W�uc6ever is smaller.l E3CCEPTION: Where a"T" intersection eYists, a drive may 6e loca[ed opposite the end of the intercepted s[reet 3) A minimum driveway angle to the s[reeC shall be 60 degrees 4) The driveway pavement must: < a Be 5 feet from any lot line, except for a co�unon drive b Be 5 feet from the main building. c. Have a minimum driveway radii of 10 feet. G. Truck berths 1) Each business, couQnercial, manufac wring or industrial use having deliveries made by [ruck more Chan once a day between [he hours of 8 o'clock A.M, and 6 o'ctock P,?t., or where [he time of loading and unloading ma[erials or good� exceeds 10 mtuutes hetween those hours, shall provide off-street truck loadin� space on the lot, such space to be not less than 35 feet in length, 12 feet in width and 15 feet in height 2) Loading and unloading facilities are to be loca[ed in the rea: yard; or side yard if properly screened, by a solid 6 foot fence or substantial construc�ion approved by the Building Board. 3) The space needed for [he loading and unloading facilities must be adequate to hanclie the�loading and unloading netds, withou[ obstructing public right of way H Safety The CiCy cngineer can require signs, markings and traffic control devices as are r.ecEasary,t; promete veh_cular and pedestrian safety 51 4__e, � ' � ;4 � �, � �� s�-, �� I. Parking Stall DeSignation Markings �iesignating each individual 2('0 square foot, with a minimum ��idth of 10 feet,parking sta11, shall be provided J. Off-street parking shall be provided for all vehicles concerned with any of the uses on a lot. 2. Parking Ratio Requirements By Use For C-1, C-15, C-2, C-2S Commercial Districts. �he parking areas shall include the following ratio of parking stalls and adequate aisles, walks, and open spaces. Oif-street parking spaces shall be provided at [he raLio of one parking stall for: A. Each 4 seats or similar accomodations in any testaurant, theatre, auditorium, stadium, church, entertainment use, hall for meetings, dancing or social events, and other use where seats or similar accomodations are prov�ded for gatiierings of 6 or � more persons " B. Each 2 sleeping accomodations in any hotel, motel, boarding house, fraternity or sorority house, or dormitory, in addition to the number of parking stalls required for its dining and entertainment uses. C. Each 250 square feet of office floor area. D. Other Uses Parking stall requiremcnts sha11 be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by Che City, E. Joint use of parking PYOVision of parking sCalls jointly by �everal uses in the same block or in the same vicintty � is permissible, in which case the nunber of stalls required shall be in thc sum total of the individual � requirements, provided that where it is found by the Eoard oi Appeals, upon appl�cation thereto, thaf thc parl�:ing demald generatEd Sy the different uses included in any �oint arran�ement to provide parking stalls required here�n occurs at distinctly different times, as in [he case of a store generating demand for parking durin� its daytime business hours, 52 � i��-� +� /d 3 .;�s .— � and a theatre generating peak demand for parking after s�ch daytime hours, and in similar cases, Che Boatd may recommend to the City Council and Che Council may reduce the total number of Qarking stalls to be jointly provided. i. No reduction of parking spaces Al1 required parking spaces provided on a lot or in a building shall be unohstructed and usable for the purpose and shall not bc reduced. G. Establishments of "drive-in'° type, selling, servicing or offering goods or services directly to customers either waiting in parked motor vehicles or to customers who return to their vehicles to consume or use the goods or services while on the premises of the principle use, shall require parking at a ratio of at least 3 parl:ing stalls for each 200 square feet of total area in business or commercial use within buildings and outside, including ground area in such use. H, Fetail Establishments 1) C-1 & C-2 Districts One parkino stall for each 150 square feet of grocind floor area in business or commercia7 use, each 1,000 squere feet of b�sement floer 2rea in such use, each 1,500 square feet of floor area in such use abo�e the first floor, 2) C-1S & C-2S Dzstricts Three parking stalls per 250 square feet of total area in business or commercial use within 6uildings and outside for retail establishments, 45 105. Landscaping Landscaping 1. All open areas of any site, lot, tract, or Qarcel shall be graded [o provide proper drainage and except for areas used for parking, driveways, or storage, sha11 be landscaped vith [rees, shrubs, and planted ground co�.ei Location,size and species af trees and shrubs sha11 be indicated on Lhe site p1ai. anr; subject to approval Gy the $uilding Board. ' 53 a � � � � � � 2. It shall be the owners responsibility to see that this landscaping is maintained in an attractive and we11-kept condition. In case any trees, or shrubs shall die, the owners shall replace them with a like � species. Any dead or damaged sod shall be replaced. 3. All vacant lo[s, trac[s, or parcels shall be properly maintained in an orderly manner free of litter and junk 45.106. Exterior Materials 1. The type of building materials used on exterior walls sha11 be face brick, natural stone, specifically designed precast concrete, factory fa6ricated and finished metal frame paneling, glass, or other materials as may be approved by the FridLey Building Board. 2. Exterior Maintenance of Btaldir.gs � Every exterior wa11, foeandation and roof of any building or structure sha11 6e reasonably water- tight, weathextight, and rodent-proof, and shall be kept in a workmanlike state of maintenance and repair. Exterior wa11s shall Ue maintained and kept free from dilapidation by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, wood or other material that is extensive and gives evidence of long neglect. °The protective suiface on exterior wa11s of a building above ground level shall be maintained in good repair so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration. Without limitino the generality of this section, a protective surface of a building shall be deemed to be out of repair if (a) more [han 25% of the area of any plane or wall on which the protective surfar_e is paint is blistered, cracked, flaked, scaled or chalked away, or (b) more than 25% of the pointing of any brick or stone wall is loose or-has fallen out." Exterior Materials 45.107. Screening Screening � 1 General Requirements A. All screening must be approced by �LUlding Board 54 � �;; �� -:� - ,_ J 4 i =J y^_�� / �� B. All screening within 30 feet of all driveways and street intersections shall nut 6e over 36 inches in height above the curb or center line of the street. C. All screening shall be maintained adequately for the purpose it was originally intended for on the approved planse 2. Parking Facilities Parking between the building and frontage stree[ must be screened from the stre�t by a hedge, solid fence or closely grown planting s[rip, at least 36 inches in height 3. Loading Facilities Loading in the side yard must be screened from view from the public street by a planted strip or a 6 foot fence of substantial construction approved by [he Euilding Roard. 4 Material & Equipment Storage A All raw materials, supplies, finished or semi-finished products and equipmenC, not including motor vehicles, shall be stored within an enclosed building or to be screened on all sides from public view by a fence or o[her approved screen which extends 2 feet above the highest item to 6e stored B Motor vehicles, necessary to the operatfon of the p nnciple use, may be s[ored only within the permitted rear lot parking area, if they are not readily visible by the public 5'. Garbage Storage Garbage receptzcles or incinerators must be in either the rear ar side yard and must be screened from public view by a 6 foot approved fence. 6. District Separation When Commercial property is adjacent to or across a�,public right of way from any residential district, the �olloaing requixements n�ust be obsErved, F*r - , _ � _" � - � � 3 � A B C Across a public right of way; 1) Th�re shall be a 5 foot sidewall �long any street, with [he front of sidewalk Located on the property line Council may a11ow the applicant to delay the installation of the sidewalk, if the applicant signs an agreemenG chaC he will construct the sidewalk when the City requires the installation at a Later date, dependzng upon the development of the surrounding area 2) There shall be a 15 foot planting strip located behind the requiied sidewalk, and substantial enough to create a pny�ical sep- aration 6etween the pubiic rzght of way and the Commercial property Adjacent to: � There shall be either a planting strip, fence, or wall provided on Commercial property on a side adjacent to any other district, This must be substanCial enough to create a physical separation o£ the propetties involved aad considered acceptable by the Building Board. � 45.108. Existing Facilities 1. Site Improvements All existing property occupied by buildings at the date of adoption of this ordinance in this district will conform to the following sections of [his ordinance by Januar}� 1, 1973: Section 45.104 - 1 General Provisions for All Park�ng Areas in C-1, C-2, G 1S, & C-2S Districts Section 45.105 Section 45.1Ob A. Arainage & sutface Landscaping Exterior hlaterials 2. Exterior Mainteasnce of Euildings 56 Existing Facilities „� � �,�� y � � ::�.i a _ ��l � 2I. Exterior Development Permit Ih otder [o make the necPSSary aLterations to conform t'o the abuve standards, an exCerior development p',ermit shall 6e applied for 6y the applicant and approve'd by the Building Inspection Departmen[ AlBuilding Board approval is not necessary for this p',ermi t . a i il I I i , I � I 57 n, _ ;� _� 1 ' 1 .,', � 0 � CR-1, CR-2 45.11 CR-1, CR-2 " 45.111 Uses Permitted 1� principal Uses 2) Accessory Uses �Gial Use Permit 3) Uses Permitted with Sp k5.112 Genesal Performance Standards 45.113 I.ot Requirements and Setbacks � 1) Lot Area z) I,ot Width 3� �,ot Coverage 4) SeGbacks 45.114 Parking Re4uirements 1� General Provisions Z� parking Ra�io by Use � 45.115 Landscaping 45.116 Exterior Materials 45.117 Screeuing 1) General Requirements 2� parking Eacilities 3) Loading Facilities 4) Materials and Equipment Storage 5) Garbage Storage 6) ➢istrict Separation 45.112 Existing Facilities 1) Site Improvement�ent Permit 2) Exteiior Develop � � �i ^" ; a � �r( U� 45.11 CR-1, CR-2 DISTRICf REGULATIONS The objective in establishing a CR-1 & CF-2 District is to provide regulaLions, controls, and standards for the orderly dcvelopinent and mainTenance of the pennitted uses therein A CR-1 & CR-2 District is to provide a transition between commercial and manufacturing uses Uses permitted are those which do not attract a large number of the general public, such as retail shopping areas, � and which do not generate heavy vehicular traffic. 45 111. Uses Perrnitted 1. Principal Uses A. CK-1 General Office & Limited Business I) General offices and office uses, including real estate, lawyers, medical, dental, optical clinics and apothecary shops, harmless and inoffensive laboratories accessory to permitted uses in the same building 2) Autonobile parking lots for off-street parkino spaces for any use on adjacent land, when the following minimum requirements have been met: a. The minimum front yard is 25 feet when the CR-1 property is adjacent to R-1, R-2, or R-3 property, otSerwise a front yard setback of 20 £eet is allowed. b. Side and rear yard setbacks of 5 feet are required c. Proper screening, which includes a planting strip, fence, or wall provided �on the propercy This must be �ubstantial enough to crea[e a physical separation of the propercies involved and be considered acceptable by the Auilding Board. S. CR-2 Otfice, Serv�ce S Lir.iited Bus=ness 1) General office space for business anc( professional uses, such as but not limited [o, the follokn ng examples � � � i � I CR-1, CR-2 DISTRICT REG�`LATIONS Uses Permitted � ., �, ' a. Offices and office buildings for medical, dental optical clinics and apothecary shops, harmless and inoffensive laboratories accessory to permitted uses in the same building. b. Finance, insurance and real estate offices. c. Legal, architectural and engineering offices. d Governmental offices 2) Limited business uses of essentially a non-retail or service nature requiring a minimum of access by the general public, such as out not limited to, the following examples: a Light Assembly Establishments b. Upholstery shops. c. Business machine repait shops. � d. Appliance repa�r shops e. Printing shops f Data processing or computer centers. g. Research laboratories, except those presenting hazardous or noxious conditions to the ad�acent area. h. Sales incidental to other permitted uses providing that no more than 25 per cent of the floor space available to any user shall he devoted to sales. 2 Accessory Uses A. Business signs. B. Off-street parking facil�ties. C Off-street loading facilities. D Recreational facilities such as swimming pools and skating rinks, which are avsilable to the public without charge. ' E. Storage of inerchandise, solely intended to 6e retailed by a related and established princi_pal use F. Telephone booths. , G. Bus or tati loading and unloading facilities 59 , rtr�) � il�,,l � f � `,�-b � 3. Uses Permitted With A Special Use Permit Animal clinic�, veterinaries, dog and cat hc�pitals provided the following conditions are met in order to eliminate excessive noise and odors: A. The building shall be of masonry construction, outside wall minimum thickness to be eight (8) inches with a precast concrete roof. B. The building shall be air conditioned, all c�*indows in the area of the building housing ` animals shall be double glazed with a fixed sash, C. Any ventilation system shall be designed so that no odors or organism will spread between wards or to the outside air. The above conditions are considered minimum. Additional conditions may be imposed, if necessary, to protec[ the health, safety and general welfare of the residents of the City. 45 112 General Performance Standards 1. Uses which because of [he nature of their operation, are accompanied by excessive noise, dust, dirt, smoke, noxious gases, odor, vibra[ion, glare, hea[, or explosives shall not be permitCed TLe�e residual features shall be considered as exce�sive in the following cases; A. Noise Noise shall be measured on any property line of [he tract on which the operation �s located Noise shall be muffled so as not to become ob�ectioaable due to intermi[tence, bea[ frequency, shrillness or intensity. At the property line, the sound pressure level of noise radiated continuously from a Eacility shall not exceed the values given in Ta61e I herein. The sound pressure level sha11 be measured with a sound level meter and on an associated octave band analyzer, both of which are manufactured according to current specifications prescribed by the P.merican Standards Association hieasurement sha11 be made using the flat network of [he sound leve) meter .1 General Performance Standards � u � � � f � - TABLE I Octave Band Frequency (Cycles Per Second) Decioel Level 20- 75 ................... 65 75- 150 ........... ....... 60 150- 300 ..... ............. 55 300- 600 ..... ............. 4b 600- 1,200 ................... 40 1,200- 2,400 ..... ............ 34 2,400- 4,800 ................... 31 Qver 4,500 ` ................... 28 B. Dust And Dirt The emission of dust and dirt, or any other particulate matter of such concentration as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause in�ury or damage to proPerty or businesses is �rohibited. . Smoke Measurement shall be at the point of emission. The Ringel�an Smoke Chart published by the United States Bureau of Mines shall be used for the measurement of smoke. Smoke not darker or more opaque than No. 1 of said chart may be emitted, provided that smoke not darker or more opaque than No. 2 of said chart may be emitted for periods not longer than four minutes in any 30 minute period. These provisions, applicable to visible grey smoke, shall also apply to visiUle smoke of a different color but with an equivalent apparent opacity. il. Toxic Or Noxious Matter No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located, toxic or nor.ious matter of such concentration as to be detrimenral to or endanger the public health, safety, comfort, or welfare, or cause in7ury or damage to property or 6usinesses. E. Odors �e emission of odorous matter in such quantities as to be adily detectable beyond the boundaries ef t}:e ircned�ate ite is prohi6ited. F. Vibration Any use creating periodic earthshaking vibrations� such as are created by heayy drop for�es, or heavy hydraulic surges, shali be �rohioice4 �f sucri vx��aticns are Yc;c'e*_ih�e beyond the boundayies of the i�nediate s1te, 61 ._� ., �, I{- > I'r �-;3 �� !� G. Glare Or Heat Any operation producing intense glare or heat shall be performed within a completely enclosed building. H. FScplosive.. No activities involving the storage utilization or manufacture of materials or products which could decompose by detonation shall be permitted except such as are speci£ically licensed 6y the City Council. Such materials sha11 include but not be confined to a11 primary explosives, such as lead oxide and lead sulphate, all high explosives and boosters, such as TNT, RDS, Tetryl and a�nonium nitrate, propellants and components thereof Such as nitrocellulose, 61ack powder, ananonium perchlorate and nitroglycerine; blastiag explo�ives, such as dyriamite, powered magnesium, potassium chlorate, potassi�:m permaaganates and potassium nitrate, and nuclear fuels and reactor elements such as uranium 235 and plutonium. _ � � 2. In order to assure compli.ance with the perfonnaxice standards set forth above, the City Council may require the ownex or operator of any pe�itted use to have made such investigations and tests as may be required to show adherence to the � performance standards. Such investigation and tests as are required to be made shall be carzie3 out by an independent Cesting organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organization as may be selected by the Council after 30 days notice. The costs inc�rred in having such investigations or tests conducted shall be shared equally by the ocmer or operator and the City, unless the investigation and tests disclose noncompliance with the performance standards, in which event the ent�re investigation or testing cost shall be paid by the owner or operator. The proceduxe above shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performanca standards, 45.113. Lot Requirements & Setbacks Lot Reqvirements & Setbacks Yards, Iot sizes, and open spaces sha11 be as required in this section for buildings hexeafter erected in the CR-1 and CR-2 Districts. 1. Lot Area A. CR-1; a lot arez o£ not less thau 15,000 sqnare feet is required for onu main bu?ldtng, B. CR-2� a lat area of not less than 20,000 squ�re feet is required for one main building 62 ' .� I� .,�n�<<d .,.�.� �,� � u 2. I.ot Width A. CR-1; a lot width of not less than 75 feet is required at the tequired setback. S. CR-2; a lot width of not less than 100 feet is required at the required sethack. 3. Lot Coverage The maximum percent of first floor area to lot size is 40 percent. 4. Setbacks A. Front Yard 1) CR-1; a minimum front yard setback of 20 feet � is required for uses other than the main building. � The main building is requixed to be setback 35 feet. 2) CR-2; s mimiurum fxont yard setback of 20 feet is requi.red for uses other than the main building. The main 6uilding is required to be setback 60 feet, B. Side Yard Ttvo side yards are required, each with a width o£ not less than 15 feet, e�;cept, 1) Where a driveway is to be provided in the side yard, the minimum required side yard increases to 25 feet. 2) Where a side yard abuts a street of a corner lot the side yard requirement increases to a minimum of 25 fect. C. Rear Yard 1) CR-1; a r-ear yard of no Iess than 25 feeC is required. � 2) CI'i-2; a rear yar.d of not less than 40 feet is required. — - - -� � `�' .��'� 0 Se Building Requirements � A. Building Aeight 1} CR-1; maximum three (3) stories, but not to exceed 45 feet. 2) CR-2; maximum six (6) stories, bat not exceeding 65 feet, provided that no building shall be erected to a height exceeding 45 feet within 50 feet of any R-1 or R-2 District, with one additional foo[ of space between the main building and the R-1 or R-2 DisCrict required for each foot or portion of building height over 45 feet. B. Floor Area - CR-2 Only A minimum floor area of 2,500 square feet. 6. Requirements For CR-1 & CR-2 Property Abutting Other 2oning Districts. Nv special requirements obher than the required setbacks. 45.114. Parking Requireu�ents I. General Provisions Foz All Parking Areas In CR-1 & CR-2 Districts A. Drainage & Surface The suxfaces of parking stalls and aisles, trucks, standLng spaces and access driveways therefor shall be blacictop, concrete, ox other hard surface and properly maintained for adequate drainage and free from dust, dirt and mud. Proper maintenance includes keeping the blacktop, concrete or other hard surface in good condition and free from chuck-holes and other types of surface cracks and breakage. B< Curbing The entire peximeter of the parking stalls and aisles, trucks standing spaces �nd access d'riveways shall be curbe�i with a six (6) inch iligh curbing of poured concrete, 64 Parking Requirements - � � � � ,� � C. Parking Locatior All required parking stalls sha11 6e located on the premises Yo which such requirements apply or on an off-street space distant nat more than 500 feet fxom such premises, prwided that stalls required for employees and proprietors of any premises may be located on an off-stzeet space distant noC more than 1,000 feet from such premises. D. Parking Stalls For the purpose of this chapter one parking stall shall be not less than 200 square feet (10 feet by 2D feet) in area, with a miniim.�m width of 10 feet in addition to whatever area is required for saCisfactory movement into and out of such stall except that in the case Pahere attendants perform the act of parking in defined � and adequate stalls then each such stall shall be considered a parking stall as required herexn. E. Off Street Parking Off street parking is prohibited in the following areas: 1) Any portion of required 20 foot front yard. 2) Any closer to a lot line than 5 feet. 3) Any closer to a main huilding than 5 feet. F. Driveway Requirements 1) A manimum driveway width of 26 feet at the curb opening, excluding the entrance radii can be constructed aithout the City's approval. 2) The edge of the curb opening shall not he closer to the nearest portion of a street right of way intersection than 75 feet, or 2/3 of the lot width. (Whichever is•smaller.) Exception• kThere a"T" intersection exists, a � drive may be located opposite the end of the intercepte_d strect. 3) A minimum driveway angle to the,sCreet shall be 60°. 65 ,r , � �a� _ L _ � J � � il i _�i �� 4) The driveway pavement must: a. Be 5 feet from any lot line b� Be 5 feet from the main building. e. Have a minimum driveway radxi of 10 feet. G. Truck Berths 1) Each business, commercial, manu£acturing or industrial use having deliveries madc by truck more than once a day between the hours of 8 o'clock " A.M, and 6 o'clock P.M., or where the time of loading and unloading materials or goods exceeds ten (10) minutes between those hours, sha11 provide off-street truck loading space on the lot, such space to be not less than 35 feet in length, 12 feet in width and 15 feet in height. 2) Loading and unloading facilities are to be located in the rear yard; or side yard if properly screened, by a solid six (6) foot fence or other acceptab2e mean�. 3) The space needed for the loading and unloading facilities must be adequate to handle the loading and unloading needs, without obstructing public right of way. Ho Safety The City Engineer can require signs, markings and traffic control devices as are necessary to promote vehicular and pedestrian safety. T. Parking Stall Designation Markings designating each individual 200 square feet, with a minimun width of 10 feet, parking stall, sha11 be provided. J. Off Street Parking Off street parking sTall be provided for a11 vehicles concerned with any of the uses on a lot, 2. Parking Ratio Rtquiremcats By Use For CR-1 And CR-2 Districts The park�ng arcas shall include thc folluwing ratio of parking stalls plus adequate aisles, walks and open spaces, 6G f _ i_ _ � � L_J .� � • A. Off StreeC Parking Each lot shall have adequate off-stseet parking whic� shall consist of at 1�asC the follo��ing• 1) Light AssemUly Establishments One off-street parking space fov eacIi employee, plus one space for each campany vehicle, or one space for each 500 square feet of floox area, whichever is greater. 2) Office One off-street parking space for each 250 square feet of floor area, 3) Research Laboratories And A11 Other Permitted Uses Qne off-stxeet pasking space ioz each employee or one for each 500 square feet of floor area, whichever is �greater. B. Other Uses Parking stall requirements shall be at least cor�iparable to similar uses in other districts, but also subject to additional provisions as provided 6y the City. C, Joint Use Of Parking Yrovision of parking stalls �ointly by several uses in the same block or in the same vicinity is permissible, in which case Che number of stalls requixed sha11 be in the sum total of the individual requirements, provided that where it is found by the Soazd of Appeals, upon application thereto, that the parking demand gencrated by the different uses included in any �oint arsangement to provide parking stalls required herein occurs at distinctly different times, the �oard may recorunend to the City Council and the Council may reduce the total number of parkine stalls to be join[ly provided. D. No Reduction Of Parking Spaces �All requirzd parkin� spaces provided on a lot or Ln a building shall be unobstructed and usabLe for the purpose and sha11 not be reduced. . 67 ! J lf �Y j MH� �5� �� _ L �,,�)� . ,,.� r � 45.115e Landscaping 1. All open areas of any sitc, loc, tract, or parcel shall be graded to provide proper dr�ina�e and except for arcas used for pnrking, dri��wa=;s, or storaoe, shall 6e landscaped with traes, ahruUs, and planted ground cover. Location size and sp�cies cf tre-es and shrubs sl�all he indicdted on the site plan and sub�ecC to appruval by the Buildtng Boaid. 2. It shall be the owners resp�nsibi.lity to seE that this landscapin� is maintained in an attractive and well-kept condLtion. In case any trees, or shrubs shall dic, the o�.niers sha11 r�place th�ri with a 1Lke specic�s. Any d�a3 or damaged socl sh�ll 6e repiac�d. 3 All vaca*it lots, tracT.s, or parcels shall be properly msint_tined in an orderly mam:er free of litter and junk. 45.116. E_<teriox Nl�tezials Landscaping Exteri�r MateriaLs ' 1. 1'he type oE building mater�als us�d on exterior caalls sn�tll be Face bxick, natural stone, specifically designed precast concrete, faccoz-y fabricatcd and finished mctal frame panelin�, glass, or othcr matcrials as may be approved by Che Fridlcy Iiuilding Board. I I 2. Exterior Maintenance Of Buildin�,s F,very exterior wall, Foundatxon ancl roof, of any building or structure, shall b� rcasoasbly watertight, weatherti�ht, and rodent-proui and shall bc kept in a workmanlike state of maintenance tnd repair. E�ctcrior wa11s shall be maxntained aed kept free from dilapidation by cracks, tears, or breaks or from deteriorated plaster, stucco, brick, woo�l or other material that is extensive and gives evidence of long neglect. "The protective surface on er:terior walls of a building above �round leVc�l shall be maintained in good repair so as to provide a suffacient covering and protection of the structural surface underneath against its deter!oration. Wi�houC 1ir�iL�n�. the ge�cial�t� rf rhis sec�ion, a Fsotective sLiii.icc �F a huild�n� �ha11 be deeeried to 6e ont of repa�r iF I�zj moxe th�n 25 percent oi the azea of ax:y olane or c��all on which the pruFective surface is paint is bl?stered, crac:ced� flaked, scaled or chalked away, oi (b) more than � C. � � �_l x i � percent of the pointing of any brick or ston� wa11 is loose or has fallen out." � f'J 45.117. Screening General Requirements A. All screening must be approved by the Building Board. B. All screening within 30 feet of all driveways and street intersections shall not be over 76 inches in height above the curb or center line of the street. C. All screening the purpose it was apptoved plans. Parking Facilities shall be maintained adequati�ly for originally intended for on the Parking between the building and frontage street must be screened from the street by a hedge, solid fence or closely �own planting strip, at least 36 inches in height. Loading Facilities Loading in the side yzrd must be screened from view from the public street by a planted strip or a six (6) foot fence of subs[antial construction approved 6y the Buildin� Board. 4. Materials An3 Equipment Storagc A. All raw mate:ials, supplies, finished or semi- finished products and equipment, not including motor veh�cles, shall be stored within axi enclosed building or to be screened on all sides from public view by a fence or other approved screen which extends two (2) feet above the highest item to be stored. B. Motor vehicles, necessary to the operation of the principal use, may be stored only withzn the pexmitted rear lot parking area, if they are not readily visible 6y the public. 5. Garbage Storage ��xbage receptacles or incinerators r;ust be in eithei ie rear or side yard and must be screened £ron pu6lic view by a six (6) foat ,ippro� e•d fencr � � Screening �ijof�7 �_ ,�_-J x9 i .�'; ,(.', ,-�` � {� n m � 0 6. District Separation When CR-I and CR-2 property is ad�acent to or across a public right of way from any residential distri�t, the following requzrements must Se observed: A. Across A Public Right Of Way, 1) There shall be a 5 foot sidewalk along any street frontage, with the front of sidewalk located on the property line. Council may allow the applicant to delay the installation of the sidewalk� if the applicant signs an agreement that he will construct the sidewalk when the City requires the installation at a later date, depending upon the development of the surrounding area. 2) There shall be a 15 foot planting strip located behind the required sidewalk, and substantial enough to create a physical separation between the public right of way and the CR-1 and CR-2 property. B. Adjacent To, There shall be either a planting strip, fence, or wall provided on CR-1 and CR-2 property. This must be substantial enough to create a physical separation of the properties involved anu consideied acceptable by the Building Board. 45.118. Fxisting Facilities Existing Facilities 1. Site Improvements All existing property occupied by buildings at the date of adoption of this ordinance in this district will conform to the follocnng sections of this ordinance by Januaxy 1, 1973. Section 45.114 1 SecY_ion 45.11 5 Section 45.]16 General Provisions For All Parking Areas In CR-1 & CR-2 District A. Draina�e & Surface I�andscaping Exterior Materials 2. Exterior Maintenance Of Buildings 70 L � 1 ' :� � � � , 2• Exterior ikavelopmeRt Pe�it In ordex to make halibbe� standards, ancessarY alterat' aPPiieci ntdnd S � to the BuiIdznb InspQ�tion De1P PPIiaav Pment pe°nfo aPProval is not Sa Part � �it neces mznt, aPAroved by zY �or this �uilding Baard Pezmit. 71 s a ��3� � 45.12. PD DISTRICT REGULATIONS The ob�ectivP in establishing a PD Distric*_ is to eliminate the co-mingling of different, incompatible uses in one zoning classification Such co-mingling causes harm to surrounding properties because of the possibility that the zoned property will be used for a use different from the particular use contemplated at the time of enactment of the zoning ordinance. Tt is therefore the purpose of this ordinance to provide for the health, safety, order, convenience, , prosperity and general welfare by setting forth in this ordinance all of the regulations and procedures in connection with the zoning oi proparty for a planned development use 45 121 Intent The Planned Development District is an ax'ea, the development of which, is in accord with a predetermined conprehensive plan approved by the City Council. The plan shall be characteri�ed by central management I integrated architectural design of buildings, �oint or crnmnon use of parking, and other similar facilitties and i a haxmonious selection and efficient distribution af uses. 45e122. Uses Permitted All uses permitted under Chapter 45 of the Code of the City of rridley except light or heavy industry These latter uses may be obtained by a Special Use Permit: 1. In order that the purposes of a Planned ➢evelopment District may be achieaad, the ;�roperty shall 6e in single ownership or under the management or supervision of a central authority, or othen.ise sub�ect to such supervisory Lease or ownership control as may be necessary to carry out the provisions of this ordinance 2. Integrated design A Planned Development District shall consist of a harn�onious selection of uses and groupin� of buildi_ngs, services and park�_n� areas, circulation and open s�aces and sh�ll be planned an3 designed as an integrated unit in sach manner as to constitute a safe, efficient and convenient deve]opment 7� I _ _ — PD DISTRICT REGULATIONS Intent Uses Permitted � ' ' S � 3. Relat3on to Comprehensive Land Use Plan. A proposed Planned Development District shall be consistent with the Comprehensive Land Use Plan for the City. � 45.123. Procedure For Establishing A Planned Development Zoning DistFict And Subsequent Review 1. Designation As Planned Development District 2 � A �ery applicant requesting the establishment Qf a PLanned Development District shall submit a request in writing to the Planning Conanission. Such request shall contain sufficient infoxmation to enable the Planning Commission to determine whether the proposed location meets the requirements for a Planned Development District If said request is adequate, the Planning Co�nission sha11 treat the request as a petition to amend the existing zoning classification and shall proceed in the manner as set forth in Chapter 45 of the Code of the City of Fridley relating to amendments to the zoning code. Upon completion of the procedure as required by Chapter 45 and approral by a two-thirds (2/3) vote of all of the memSers of the City Council, the affected property shall be zoned as a Planned Development District, however, no building or development shall be permitte3 until compliance with all of the requirem�nts �f this section. Preliminary I�velopment Plan Before issuance of any building pexmits, the Preliminary Development Plan shall be submitted to the Planning Commission. The Pseliminary Development Plan, dra�m to a scale of n�t more than 50 feet per inch, sha11 show the following: A. Development Plan General outline of total atea. 1) Uses 2) Areas 3) Outline � Including street grades, densities, street patterns. 7� Yrocedure For Establishing l = ) � - w.'i �y �� i � � `�r�� ,9 � I � � i a B. Specific Plan (Stages) Minimum area 20 acres or 15 percent of total area. 1) The entire outline, overall dimensions and area of the tract described in the applica[ion. 2) The use, zoning and ownership of a11 adjacent properties within 100 feet of the tract boundaries including the location of all structures thereon and the right of way width and travelled width of a11 ad�acent public toadways. 3) The existing and proposed topography of the tract with contour intervals not greater than 5 feet. 4) The location, general exterior dimensions and approximate gross floor areas of all proposed buildings. 5) The type of each use propesed to occupy each building and the appro;cimate amount of building floor area devoted to each separate use. 6? The proposed location, arrangement and number of automobile parking stalls. 71 The proposed location, arrangement and general dimensxons of a12 truck loading facilities. 8) The location and dimensions of all vehicular entrances, exits and driveways i and their relationship te all existing or �I proposed public streets 9) The location and dimensions of pedestrian entrances, exits and waZks. 20) The general drainage system 11) The location and dimensions of all walls, fences and plantings designed to screen the proposed district from 2d�aceni uses. 12) The types of all ground covers. 74 i __ _ I� � �I, � r ' � � �I 13) Standards for exterior £inish, exterior lighting, location and type of exterior signs, architectural style, and any other variables which will be controlled in the design of , buildings ir the development area. 3. Development Schedule The applicant sha11 submit a proposed schedule of eonstruction. If the construction of the proposed Planned Development District is to be in stages, then the components contained in each stage must be clearly delineated. The development schedule shall indicate the starting date and completion date of the complete development plan, 4. Planning Coicnnission Review And Hearing Within not more than 90 days after having received the preliminary development plan, including all supporting data required, the Planning Commission shall hold a public hearing and forward the proposed plan and its recommendation to the City Council. 5. Council Review and Hearing Upon receiving and reviewing the proposed development plan and the recommendations of the Planning Co�nission, the City Council shall set a time for a public hearing and shall consider the request in the same manner prescribed by Chapter 45 of the Code of the City of Fridley for zoning district amendments. 6. Council Action A. If the Council finds that the preliminary developmenC plan meets all o£ the requirements of a Planned Development District, the Council shall approve the same as the Final Development Plan and the applicant sha11 then be entitled to mal<e application £or necessary building pernits. B. If the Council finds that the preliminary development plan contains conditions that must be amended in�order to meet the reqnirements of the Planned Development District, they sha11 retuxn said application together with a statement of the necessary changes and upon receipt of an am�nded, altered and ctlanged plan meet:ng �h€ requirenents of the City Council, the Council sha11 approve said plan as the Final Developmer.t Plan and thereupon the applicant shall be eligLble to obtain the necessary building pennits. 75 ��fl�,�i Y� �� r�Yf e_ i � ; � i� � C. The Final Development P1an, together with such covenants, deed restrictions, reservations, controls or variances as are a part thereof, shall becou�e a part of the official file of the City. 7. Development Of The Planned Development District A. Compliance with the Final Development Plan and Changes I The development of the Planned Development District shall be in substantial compliance with the Final Development Plan Compliance shall not be ' considered substantial if there is: ii 1) More than a 10 per cent increase in floor area ratios, 2) More than a 10 per cent reduction in the originally apgroved separations between buildings; 3) Any reduction in the originally approved setbacks from property lines; 4) More than a 10 per cent increase in the ground area covered by buildings, 5) Any reduction in the ratio of off-street parking and loading space to gross floor area in building Differences between the actual development and proposed development shown in the Final Development Plan not permitted under the foregoing provisions of this section will bc permitted only if the Final Development Plan is changed with the approval of [he City Council. Proposed changes shall be reviewed by *_he PlanninJ Comnission and recemmendations foxwarded to the Council. B. Subdivision Of Land - Required Ic*�provements The subdivision of land zoned as a Planned Development District shall be subject to such requirements for approval and recor3ing as have been required by the e�ry c�un��i, City of of Fridley. 76 � , � n � C. Building Pexmits Applications for building permits shall be reviecved and approved by the Building Inspection Department after considering the recommendation of the Planning Commission. Such applications shall be examined to determine if they are in compliance with this ozdinance and the Fina1 Development P1an. The following, as appropriate, shall be submitted with any building permit application: 1) Preliminary plans, elevations, sections and specifications of materials and structural sy�tems for the proposed building or buildings, approved by a registered architect or engineer as per M.S,A. 326.02 - 326.16. 2) A site plan for traffic engineering analysis, showing location and design of the buildings, driveways, driveway intersections with streets, parking areas, loading areas, maneuvering areas and sidewalks. � 3) A site grading plan and a planting plan, including screen walls and fences, for analysis of adequacy of surface drainage, erosion control, visual screening and landscaping, including sodding. 4) A site plan showing utilities and utility easements. 5) Plans for all signs to 6e erected including details of sign locations, design, size, color and lightin�. 6) A description of the proposed operations in sufficienC detail to enable the Building Inspector to determine if the proposed land use is within the uses permitted in the established Aevelopment District. D. The Building Inspection Department sha11 process the permit ir. compliance with Chapter 46 of the Code of the City of Fridley. The application Submitted to the Building Inspection Department � shall include complete and final plans, elevations, sections, and specifications of matenals and stnictural systems for the proposed bu-ldino or buildings, prepared by a registered arcl�itect. 77 v� �/ M r Y/ ��'�Y� r� � .: 1 ;9 �� "yF ..5. e�Y :, g 45.124. Special F.equirenents 1, Off Street Parking . A The minimum number of off-street parking spaces requi'ted in a Planned Develog:r,ent District shall be tha sam� as required for sim:lar uses under Chapter 45 oi the City Code. B. A11 parlcing areas and d-riveways sha11 be conereY.e o-_� blacktop and sha11 meet C�ty specificatinns app2icable thereto. Tliey shall be ao graded and drained as to dispose of all � suz-face water. Drainage shall not be across sidewalks or dr weways. 2. Oif Stxeet I,oadind And Unloading No business shall be permitted to receive or dispatckt mate-rials by txucks and similar vehicles excent at an authorized loading berf-h zahich sha11 be locateu so that said trucks or otlie'r vehicles axe entirely iemoved from public street or irontage sidewalk Location and nLnnber or said loading Uerths shall oe indicated on the plans and shail be approved by the Luilding Inspaction D2p:�rtment at the time of issuancc of a building pe,a�it. Said loading berth sha11 be so located as not to inter_iere c�ith the requixed mini_mum parking space and shall not be loca�ed Zz ti,n_ i�onr. yWrd or side ya,-d setbacks. 3. Lannsca�iag A. All open axeas of any s�te, 1ot, tract, or parcel sha11 be graded to procide proper drainage and except for areas used for parking, driveways, or stora�e, shall be landscaped o�i_th trees, shrubs, and planLed groune cover. Location size and species of trees and shruUs shall be indicated on the site plan and sub�ect to approval by the Euilcling Board B. Iz shall be the o�.mers responsibil�ty to see that this landscaping is maintained in an attractive and well- kept condi_tioa In case any trees� or shreUs shall diz, the otmcrs sha11 replace them with a like speci2s. Ar.y dead or damaged so3 shall be Yeplared. C All vacanL 1ots, tr4cts, or paz-cels shall be proper]y rnainta�n�d �n an orcte�ly nzmZer free of littcr and �unk 7� N 1__ t ' , � _4 '4. Storage. Storage requirements at least similar to uses in other districts, but also subjrct to additional provisions a� provided by the City. 5. Exterior Building Materials The type of buiLding materials used on exterior walls shall be face hrick, natural stone, specially designed precast concrete, factory fabricated and finished metal frame paneling, glass, or other materials as may be approved by the Fridley Buildir.g Board. 6. Performance Standards Pexformance standards at least similar to uses in other districts, but also sub�ect to additional provisions as provided by the City 7. Certificate of Occupancy �Certifacate of Occupancy ctating that all of the rovisions of this chapter together with a11 provisions nd requfrements of the Final Development Plan have been fully complied with shall be obtained from the Building Inspection Department before any building in the Planned Development Distzict is used or occupied. Application for a Certificate of Occupancy shall be made to the Building Inspector at such time as the conditions of this chapter and the Fina1 Development Plan are completed. The Building Inspection Department shall, within ten d1ys, thereafter, inspect such building or buildings and the adjacent lands connected therewith, and if they find them to be in conformity with the provisions of this ordlnance and the Final Development Plan, a Certificate of Occupancy wi11 be issued. 45.125. Periodic Review If construction within the Planned Development District or any staging thereof is not begun within one year from the approval of the.final plan establishing it, the Building Inspection DepaYtment sha11 report such fact to the City Council together with such othcr info�ation as is available to him concerning any actual or planned �changes in the surrounding area with resPect to construction of buildinbs, ioads, highciays, or othez public improvements. The Council will then i.nstruct the Planning Co�ni_ssion to make any necessary reports, or the Council will require the applicant to resubmit his application for development plan, 79 Periodic Review . �� ' �� ,�; �.> � � .x .�� , ��c � I . I a 0 If a report is required from the Planning Commission, the report shall be considered by the Council at the next regular meeting or at such other meeting as the Council may 3irect, in or3er to determLne ahether the final development plan is consistent with public health, safery, or general welfare. The Final Development Plan sha11 be reviewed and xeconsidered at one year intervals until such construction is substantially completed in accordance with the plan 8G n ' , L� �� 0 � � ' 0 45.13 45 .13 L 45.132 45.133 45.134 45.135 45.136 45.137 45.138 45 .139 M-1. M-2 5 [� � ' ="° -u � M-1, M-2 , Uses Permitted 1) Princlpal Uses 2) Accessory Uses 3) Uses Permitted with Special Use Permit Uses Excluded 1) Uses ExcLuded M-1 2) Uses Excluded M-2 General Performance Standards Lot Requirements and Setbacks 1) Lot Area 2) Lat Width 3) Lot Coverage 4) Setbacks 5) Building Height 6) Requirements Where the Property is Adjacent to a Different District Parking Requirements 1) General Provisions 2) Parking Ratio Requirements by Use Landscaping Exterior Materials Screening 1) General Requirements 2) Parking Facilities 3) Loading Facilities 4) Materials and Equipv�ent Storage 5) Garbage Storage 6) District Separation Existing Facilities 1) Site Improvements 2) Extericr Develepment Perm�t � r ,__ �� I 45.13. M-1, M-2 DISTRICT REGULATIONS 45.131. Uses Permitted i. Principal Uses Ho Manufacturing 1) Electric appLiancea, su�h as lighting fixtures, irons, fans, toasters and elec[ric toys 2) Electrical equipment assembly, such as home radio and [elevision receivers and home movie equipment but not electric power sub- stations, or electrical machinery. � 3) Ice, dry and natural. 4) Musicaz instruments. 5) Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers. 6} Paper products - sma11 - such as envelopes and sCationery, b�gs, bohes, tubes and wallpaper printing. %) Sporting and athletic equipment, such as balls, baskets, cues, gloves, 6ats, racquets and rods 8) Too1s and hardware - such as bolts, nuts and screws, door knobs, drills, ❑and tools and cutlery, h.tnges, house hardware, locks and plumhing appliances. 4) Toyso 10) Vehicles, children's - such as bicycles, scooters, wagons aad ba6y carriages 11) Wood products - such as furniture, boxes, crates, baskets and pencils and cooperage works. B. Building materials yards, contractor's yards, ,lumber yards C. Bus and taxi storage yards D. Creameries, dairies, etc , ice plants, locker plants, cold storage m � ._ . M-L, M-2 DISTRICT REGffLATIONS Uses Pern,itCed ' 1 , r r � E. Cleaning and dyeing plants and laundries. F. Railroad lines and spurs, passenger and freight depots. G. Transformers, pumping stations and substations, H. Warehouses I, Other wholesale, light manufacturing, construction or service uses which are similar in character to those enumerated above, will not be dangerous or otherwise detrimental to persons residing or working in the vicinity thereof, or to the public welfare, and wi11 not impair the use, enjoyment or�value of any property, but not including any uses excluded hereinafter. 2. Accessory Uses - M-1 -and M-2 A. Business signs for uses permitted. B. Retail sales or servicing of products manufactured on the site. � C. A cafeteria or vending machines for use by the employees. D. Dwelling f�r a watchman. E. Off-street parking and loading F. Offices. 3. Uses Permitted With A Speclal Use Pexmit A, M-1 and M-2 1) Salt, gas or oil wells, gravel pits, mineral exploration, or recovery 2) When found to be required for the public health, safety, convenience or welfare; a) Air navigation facilities b) Hospitals, clinics, or similar uses � C) Institutions of an educational nature d) Plant nurseries and greenhouses e) Cemetaxy, crematory, mausoleum, etc. � 0 � `/�, a�ta �� I � _�� 0 ' � . h) Mortuaries and funeral homes 3) Commercial recreation uses and buildings. 4) Dwellings and temporary public housing. 5) Dumps or dog pounds and kennels. 6) Extension of use into a disCrict where a lot is in two districts. 7) Radio trznsmitters and micro-wave towerse 8) Junk yards or the baling of junk or rags, in a building enclosed on a11 sLdes or when campletely enclosed with a solid fence. 9) Animal clinics, veteriitaries, d�g and ca[ hospitals provided the following conditions are mat in order to eliminate excessive noise and odors: a) The building shall be of masonry construc- tion, outside wa11 mimmum thickness to be 8" with a precast concrete roof. b) The building shall be air condiLioned, all windows in the area of th� building housing animals shall be double glazed with a fixed sash c) Fiousir�g of all an�mals and storage of alI I equipment and refuse sha11 be inside the 6uilding. i No outside runa or exzrcise areas will be permitted. d) Any ventilation system sha11 be designed so thzt no odors or organisn will spread between wards or to the outside air The above conditions are considered minimum Additional conditions may be imposed, if necessary, to protect the health, safety and general welfare of the residents of the City. 10) Gasoline service stations and accessory greasin�, servicing, cleaning and washing of automobiles, includ- ing minor ad�us[ments and repairs, but not general r�pairs, overhaulin�, rebuilding, de�olition or spray painting, B, Uses Per�,�i�ted S1ith A Special Use Permit in M-2 _ Dastrict On1y. 1) Bulk gasoline and oil �tations, but not tank farms or oi1 transporta�ion terminals, provided �i all applicable safety regulations are complled with; provided further that such uses are n.,t permitt�d � within existtag o: h�;ezna`Cer °,i�e ?imits. �s 3 . IJ ' ' .i 0 L � � , � 2) Any other use not otherwise prohibited by law, provided, however, that the issulnce of a use permit thereEor, as provided in other sections hereof, shall be required before any of the following uses shall be es[ablished, reconstructed, structura]ly alter�d, enlarged or moved. a) Cement, lime, gypsum or plaster of paris manufacture. b) Distillation of bones� coal, taz, petroleum, refuse, grain or wood. c) Drilling or excavation for, or removal of oil, � gas or other hydrocarbons or minerals. d) Fat rendering e} Fertilizer manufacture f) Garbage, offal, dead animal or fish reduction or dumping. g) Gas, illuminating or heating, manufacture. h) Glue manufacture i) Stone quarry, gravel pit, rock crushing and cutting, gravel and sand washing and grading 3) Railroad yards, roundhouses, railroad repair shops, switching yards, humping yards, piggyback yards, and rail truck transfer terminal facilities provided that no such uses shall be within 1,500 feet of any R-1, R-2, or R-3 zoning district. 45.132. Uses Excluded 1. Uses Excluded - M-1 A 7 Bag cleaning Blast furnaces C. Boiler works D. Forge plants E. Foundries or metal fabrication�plants 84 n Uses Excluded ,� �- _a � �� _ - �__ _ F. Pumping or wholesale stozage of crude petroleum ' �. Railroad yards, roundhouses, repair shops H. Sawmills, planing mills ' Y. Steam power plants of public utility nature 3. Stone quarries, stone cutting and crushing, washing and grading of stone, gravel and sand K. Sugar refining L. Cdool pulting or scouring MD Manufacture of: Acetylene; acid; alcohol or alcaholic beverages; ammonia, Uleaching powder; chlorine; chemicats; soda or soda compounds; kiln-made brick, pottery, terra cotta or tile; candZes (except by hand); cement, gypsum, lime or plaster of paris, dis- infectants; dyestuffs; emery cloth or sandpaper; explosives or fireworks (or storage of same); exterminators or insect poisons; fertilizers; � glass; glue or size; gelatin; grease or lard or tallow (Manufactured or refined from animal fat); illuminating or heating gas (Or storage of same), lamp black; matches; linoleum; linseed oi.l; paint, oi1, shellac, turpentine or varmsh (except mixing of same; oilcloth or oiled products; paper or pulp; pickles; sauerkraut or vinegar; plastics; potash products; rayon or similar products; rubber or gutta percha products (�r txeatment of same); shoddy; shoe polish; soap (other than liGuid soap); starch, glucose or dextrin, stove polish; tar roofing or wa[erproofiag or other tar products; chewing tobacco (or treatment of tobacco); yeast. N. Stock yards or slaughter houses, except of poultry or rabbits �• Any other use which is objectionable hy reason of noxse, dust, dir[, noxious gases, odor, vitaration, glare, or explosive or because of sub,7ection of life, health and property to hazard. 2 Uses Excluded from M-2 Districts. A, Manafacture of ace[y2ene, acid, or any other type � explosLVe B. Junk yards or the baling of �unk or rags, except ln a bui�ding onelosed on all sides or c�hcn cnmpletely e.nclosed within a solid fence and only after the Council has granted a permit for the location proposed. m � 0 � C. Stock yards or slaughter houses, except of poultry or rabbits � D. Any other use (unless a Special Use Permit is obtained therefore) which is ohjectionable by reason of noise, dus[, �irt, noxious gases, odor, vibra[ion, glare, heat, explosions or becavse of subjection of life, health and property to hazard. 45.133. General Performance Standards 1. Uses which because of the nature of their operation, are accompanied by excessive noise, dust, dirt, smoke, noxious gases, odor, vibration, glare, heat or explosives sha11 not be permxtted. These residual features shall be considered as excessive in the following cases: A. NOISE. Noise shall be measured on any property line of the tract on which the operation is located. Noise sha11 he muffled so as not to become ob�ection- able due to intermittence, beat frequency, shrill- ness or intensity. At the property line, the sound pressure level of noise radiated continuously from a facility sha11 not exceed the values given in Table I herein. The sound pressure level sha11 be measured with a sound level meter and on an associated octave band analyzer, both of which are manufactured according to current specifications prescribed by the American Standards Association. Measurement shall be made using the flat network of the sound level meter. TABLE I Octave Band Frequency (Cycles Per Second) 20- 75. . . 75- 150. . . 150- 300. . . 300- 600. . . 600- 1,200.. . 1,200- 2,4Q0. . . 2,400- , 4,800. . over 4;800 . . . Decibel Level 65 60 55 46 40 34 31 28 B. DUST AND DIRT, The emission of dust and dirt, or � any other particulate matter of such concentration as to be detrimental to or endanger the public health, safety, comfort or welfaxe, ox cause ici�ury or damage to property or businesses is prohibated So �� — t— General Performaace Standards � � � �- _ �_ C. SMOKE_ Measurement sha11 6e at the poir.[ of ' emission. The Ringelman Smoke Chart published by the United SCates Bure�u of Mines shall be used for the measurement of smol:e. Smoke not darker or more opaque than No. 1 of said chart may be emitted, provided that smoke not darker or more opaque than No. 2 of said chart may be emitted 'or periods not longer than four minutes in any 30 minute period. These provisions, applicable to visible grey smoke, shall also apply to visible smoke of a different eolor but with an equivalent apparent opacity D. TOXIC OR NOXI��S MrnTTliR. 1Vo use shall, for any period of time, discharge across the boundanzs of the lot wherein it is located, toxic or noxious mattzr of such concentration as to be de[rimzntal to or end�+n�er the public health, safety, coraFort, or welfare, or cause injury or damage ta property ur businesses E= ODORS. The emission of odorous matter in such quantities as to be readily detectable beyond the bo�ndaries of the iwnediate site i5 prohibited. F• VIBk2ATI0N, Any use creating periodic earth- shaking vibrations, such as are created by heavy ' I drop forges or heavy hydraulic surges, shall 6e l" prohibited if such vibrations are perceptible beyond the 6o�ndaries of the immediate site. G� GLAP�E OR HEAT> Any operation prcducing intense glare er heat shall he performe�l within a completely enclosed buildinp,. H. EXPLOSIVES. No activities involvir,g the at�,rage utilization or manufacture of materials o, prnch.cts which could decompose by deton�tion sha11 be peruutted except such as are sp�cifically licensed by the City Council. Such materials shall include but not be confined to a11 primary explosives, such as lead oxide and lead sulphate; all high explasives and boosters, such as TNT, RDS, tetryl and anmlonium nitrate; propellants and components thereof sucn as ❑itrocellulose, black powder, ammonium perchlorate and nitroglycerine; blasting explestves, such as dyuamite, powdered magnesiun, potassium chloxatF, potassium permanganates and potassium nitrate; and nuclear fuels and reactor elements such as uranium 235 and plutoniuir� 87 � � � u �, ; i � �' ryG ' _ : �. In order to assure compliance with the performance standards set forth above, the City Council may require the o�.mer or operator of any permitted use to haye made such investigations and tests as may be required to show adherence to the performance standards. Such investiga- tion and tests as are required to be made sha11 be carried out by an independent testing organization as may be agreed upon by all parties concerned, or if there is failure to agree, by such independent testing organiza- tion as may be selected by the Council after 30 days noCice. The costs incurred in having such investigations or tests conducted shall be shared equally by the owner or operator and the City, unless the investigation and tects disclose noncompliance with the performance standards, in which event [he entire investigation or testing cost sha11 be paid bY the owner or operator The procedure above shall not preclude the City from making any tests and investigations it finds appropriate to determine compliance with these performance standards. 45.134 Lot Requirements and Setbacks Lot Requirements and 5etbacks � Yards, lot sizes and open spaces shall be required in this section for buildings hereafter erected in the M-1 and M-2 Districts. 1. Lot Area .A. M-1. A lot area of not less than 3/4 acre is required for one main building, except where a lot is on a suhdivision or plat recorded before the date of adoption of this ordinance. B. M-2. A lot area of not less than 1� acres is required for one main building, ex_cept where a lot is on a subdivision or plat recorded before the date of adoption of this ordinance. 2. Lot Width A• M-1 A 1ot width of not less than 100 feet is required at the required setback, except where a lo[ is on a sub�ivision or plat recorded befo_e the date of adoption of this ordinance. B. M-2. A lot width of not less than 150 feet is � required at the required setback, except where a lot is on a subdivision or plat rzcorded before the date oi adcption of this oxdinaace. 3. Lot Coverage �he maximum peXC��C Rf the arca af a lot al,lowed to be covered by tne main ouilding and ail accessory buildings is as follows: 88 � ��► A. One story - 40% maximum B. Tt�o story - 35% maximum Ce Three stary - 30% maximum D� Fnur story � 25� maximum E. Five story - 20% maximum F� Six story - 15% maximum The above lot coverage percents will be subject to other considerations, such as parking and open space requirements, use of facilities and locatlon to other districts; which may decrease the allowable , lot coverage. 4a Setbacks General The following setback restrictions are the minimum requirement�. Additional setback restrictions are subject [o the discretion of the City based on existing neighborhood patterns and City wide planning �= Front yard setback 1) A fron[ yard depth of not less than 35 feet is required for all permitted buildings and uses, except ofi-street parking which sha11 be setback at leas[ ZO feet, �. Side Yard Setback Two side yards are tequirzd, each with a width oT not less than 15 feet in an M-1 District and 20 feet in an M-2 Di�trict, except, 1) �+There a driveway is to be provided in the side yard, the minimtun required side yard increases to thirty (30) feet. 2) Where a side yard abuts a street of a corner lot, the side yard tequirement increaces to a minimum of thirty-five (35) feet. 3) No side yard is required where a cottm�on wall is provided betoreen two,buildings, c;hich meet the fire safety standards. C. Rezr Yard Setbaci: A rear yard depth of not less than 25 feet is requixed, with an additional fook of rear yard depth for each 4 feet nr portion of building height over 35 feet 89 0 o_. � � � n, � 5 3 �- If the rear yard abuts any pu6lic right of way, the minimum rear yard setback of 25 feet shall remain the same. Building Height The maximum is 6 stories, but not exceeding 65 feet, provide3 that no building shall be erected to a height exceeding 45 feet within 50 feet of any R-1 or R-2 District, with one additional foot of space between the main building and the R-1 or R-2 District required for each foot or portion of building height over 45 feet Requirements Where the Property is Adjacent to a Different District In`addltion to those minimum space requirements prov�_ded by this chapter under other provisions herein, the esCablishment of permitted building and uses in each M-1 and bi-2 District, in the following instances, shall include the following minimum facilities around them, said requirements being for the purpose of avoiding congestion in th? public streets and traffic hazards and other dangers, and of protecting and conserving the character of any adjoining neighborhoods and that of futur° neighborhoods in the same vicinity Whenever any such M-1 and M-2 District is ad�acent to or adjoins on any other District, the following requirements also sha11 be met; Permitted buildings and uses, except automobile parkin� and loading spaces, driveways, essential servi�es, walks and planting spaces, shall be not closer to any street 1Zne than 100 feet, or to any alley line than 40 feet or to the boundary line of any other district than 35 feet, and any R-1, R-2, R-ZA, F-3, R-3A or R-G District closer than 50 feet. 45.135. Pazking Requirements PAFKTNG REQITIREMENTS 1. General Prov�sions for all Parking Areas in M-1 and M-2 Districts A. Drainage and surface � The surfaces o£ parking stzlls and aisles, trucks, standing sp�ces and access drii�avay, therefore shall be blacktop, concrete, or other hard sutiace and pioperly maintained for adequate dr2inage and free from dust, dirt and mud. � � � a ,._ 4: Proper maintenance includes %eeping the biacktop, concrete or other hard surface in good condition and free from chuckholes and other types of surface � cracks and breakage. B. Curbing The entire perimeter of the parking stalls and aisles, trucks standing spaces and access drive- ways shall be curbed �.ith a six (6) inch high curbing of poured or pz-ecast concrete. . C. Parking location. All required parking shaZls sha11 be located on the premises to which such requirements applies or on an off-street space distant not nore than S00 feet from such premises, provided that stalls required for , employees and proprietors of any premises may be located on an off-street space distant no[ more than 1,000 feet from such premiscs. D. Parking stalls For the purpose of this chapter one parking stall shall be not less than 200 square feet in area, with a minimum width of 10 feet in addition to � whatever area is required for satisfactory movemenL into and out of such stall except that in the case where attendants perform the act of parking in defined and adeqtiate stalls then each such sta11 shall be considere3 a parking stall as required hereine E. Off-street Parking is prohibited zn the following areas; I) Any portion of required ZO foot front yard 2) Any more than 2/3 of required rear yard 3) Any closer to a lot line than 5 feet 4) Any closer to a main bu�lding thaa 5 feet F< Dnveway Requirements 1) A c:aximum driveway width of 26 f�et at the curb opening, excluding the entrance radii can I be constructed without thz City's approval. 2) The edge of the curb opening shall not be closer to tt�z ne3rest portion of a street right of way interscction than 75 feet or 2/3 of the lo� width (whichever is s��ia]le.). 91 , ° - i � - .t EXCEPi'ION: � Where a"T" intersection exists, a drive may be located opposite the end of the intercepted street. 3) A minimum driveway angle to the strect shall be 60°. � 4} The driveway pavement must: a) Be 5 feet from any lot line b) Be 5 feet from the main building c) Have a minimum driveway radii of 10 feet G. Truck berths 1) Each business, covunercial, manufacturing or industrial use having deliveries made by truck more than once a day between the hours of 8 o�clock A,M, and 6 o'clock P.M „ or where the time of loading and unloading materials or goods exceeds 10 minutes between those hours, shall provide off-�treet truck loading space on the lot, such space to be not less than 35 feet in � length, 12 feet in width and 15 feet in height. 2) Loading and unloading facilities are to be located in the zear yard; or side yard i£ properly screened, by a solid 6 foot fence or other acceptable means. � 3) The space needed for the loading and vn- loading facilities must be adeqvate to handle the loading and unloading needs, withoLt obstructing public right of way. H. Safety The City Engineer can require signs, markings and traffic control devices as are necessary to promote vehicular and pedestrian safety. I, Parking Stal] Designation Markings designa;,ing each individual 200 squar� foot parking stall with a minimum width of 10 feet, shal] be provided. 02 � 2. Parking Ratio Requirements by use for M-1 and M-2 Districts. The parking areas of parking stalls open spacrs. A, Manufacturing shall include the following ratio plus adequate aisles, walks and One parking sta71 per 400 �quare feet of building or one sta11 per 1.5 employees on major shift plus one for each company vehicle, whichever is greater. B. Office � Qne parking stall each per 250 square feet of floor area. C. Warehousing !7 E One each per 1.5 employees plus one for each company vehicle, or one per 2,000 square feet of floor area whichever is greater. Other uses For other uses, parking stall requirements shall be at least comparable to similar uses in other districts, but also su6�ect to additional pro- visions as provided by the City. Joint use of Parking Provision of parking stalls �ointly by several uses in the same block or in the same vicinity is permissible, in which case the number of stalls required sha11 be in the sum total of the individual requiremunts, provided that where it is found Sy the Board of Appeals, upon application thereto, that the parking demand generated by the different uses included in any joint arrangement to provide parking stalls required herein occurs at distinetly different Cimes, the Board may recommend to the City Couhcil and the Council may reduce the total number of parkin.g stalls to be jointly provided, F. No reduction of parking spaces All requited parking spaces provided on a lot or in a build�ng shall be unobstructed and usable for the purpose and shajl not be reduce:i 93 �_ �.J � � _S 45.136. Landscaping Landscaping �1. All open areas of any site, lot, tract, or parcel shall be graded to provide proper drainage and except for areas used for parking, driveways, or storage, shall be landscaped with trees, shrubs, and planted ground cover, Location size and . species of trees anu shrubs sha11 be indicated on the site plan and sub�ect to approval by the Building Board. 2. It shall be the owners responsibility to see that this landscaping is maintained in an attractive and well-kept condition. In case any trees or shrubs shall die, the owners shall replace them with a like speciec. Any dead or damaged sod shall be replaced 3. A11 vaCant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. 45.137 Exterior Materials 1. The type of building materials used on exterior walls shall be face brick, natural stone, specifically de- signed precast concrete, factory fabricated and finished meCal frame paneling, glass, or other � materials as may be approved by the Fridley Building Board. 2, Exterior Maintenance of Buildings Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodent-proof, and shall be kept in a workmanlike state of maintenance and repair. Exterior walls shall be maintained and kept free from dilapida- tion by cracks, tears or breaY,s or from deteriorated plaster, stucco, brick, wood or other uiaterial that is extensive and gives evidence of long neglect. "The protective surface on exterior walls of a building above ground level sha11 be maintained in good repaix so as to provide a sufficient covering and protection of the structural surface underneath against its deterioration Without limiting the generality of this section, a protective surface of a building shall be deemed to be out of repair if (a) more than 25% of the area of any plane or wall � on which the protective surface is paint is blzstered, cracked, flaked, scaled ot chalked away, or (b) mcre than 25% of the pointing of any brick or stone wall is loose or has fallen out." Q' Exterior Materials � 45.13$. Screening Screening 1. General Requirements A. All screening must be approved by Building Board. B. A11 srreening within 30 feet of all driveways and street intersections shall not be over 36 inches in height above the curb or center line of the street. Ce All screening shall be maintained adequately for the purpose it was originally intended for on the approved plans. 2. Yarking Facilities 1 Parking between the building and frontage street must be screened from the stYeet 6y a hedge, solid fence or closely grown planting s[rip, at Least 36 inches in height. 3. Loading Eacilities f.oading in the side yard must be screened From view from the public street by a planted strip or a 6 foot fence of substantial construction approved by the Building Board. 4, Material ar.d Equipment Sto[age Ao All raw materials, supplies, finished or semi- finished products and equipment, not including motor vehicles, shall be stored within an enclosed building or to be screened on all sides from public view by a fence or other approved screen which extends 2 feet ataove the highest item to be stored B. Motor vehicles, necessary to the operation of [he principle use, may be stored oniy within the permitted rear lot parking area, if [hey are not readily visible by the public. S. Garbage Storage Garbage-receptacles or incinerators must be in either the rear or side yard and must be screened from public view by a 6 foot approved fence. 95 � � � � � � 6 � � l L__J District Separation When M-1 and M-2 property is adjacent to or across a public right of way from any other district, other than M-2, the following requirements must be observed: A. Across a public _ight of way; 1) There shall be a 5 foot sidewalk along any street frontage, with the front of sidewalk located on the property line. Council may allow the applicant to delay the installation of the sidewalk, if the applicant signs an agreement that he will construct the sidewalk when the City requires the installa- tidn at a later date, depending upon the development of the surrounding area. B, Adjacent to: There shall be either a planting strip, fence or wall provided on M-1 and M-2 property on a side adjacent to any other district. This must be substantial enough to create a physical separation of the properties involved and con- sidered acceptable by the Building Board. 45.139 Existing Facilities Site Iaprovements All existing property occupied by buildings at the date of adoption of this ordinance in this district will conform to the followinQ sections of this ordinance by January 1, 1973: Section 45.133 - General Performance Standards Section 45 135 - General Provisions for a11 Parking Areas in M-1 and M-2 Districts A. Draining and Surface Section 45 136 - I,andscaping Section 45.137 - Exterior Materials 2. Exterior Maintenance of Buildings 96 Existing Facilities 0 e -u 0 _ . _ L_ Z, Exterior Development Permit � In order to make the necessary alterations to , confoxm to the above standards, an exterior development permit sha11 be applied for by the applicant and approved by the Building � Inspection Department. A Building Boaru approval is not necessary for this permit. 97 0 � � f � F r .l � 45.14. TOWNHOUSE DEVELO£MENT The purpose of this section of the Zoning Ordinance is to provide for and encourage advances in housing design; changes in types of dwellings; more flexibLlity in layout and site planning; the development of the Life-cycle environment; and the more efficient use of land, open sp�ce and public faciliCLes. 45.141. procedure Eor Tocmhouse Development Approval 1. Preliminary Plan: � A. The application sha11 be filed at the Building Inspection Department of the City of Fridley. S. The application shall be submitted to the Building Standards-Design Control Sub- committee for review and recommendations. C. The recommendations of the Building Standards- � Design Control Subcommittee will be submitted to the Planning Commission for their review and reco�endations, � D, The recommendations of the Suilding Standards- Design Control Subco�xttee and the Planning Co�tission wi11 then be submitted to the City Council for approval of the preliminary plan. 2. If Council appxoval is granted, the following procedure for the final plan wi11 follow: A. A final plan will be filed at the Building Inspection Department. B. The final plan shall be submitted to the Planning Co�nission for their recoc�nendations . C. She recommendations of the Euilding Standards- Design Control will then be submitted to the City Council for final action. 45.142. Application 1. Preliminary Plan The owner of any contiguous parcel (s) of land containing five (5) or more acres in any residential district may apply to the City Covq��.� £Qr �evelopment of said tract under Townhouse Develonment as hereinafter provided. � Townhouse Development Approval Procedure Application e i t. Application for Townhouse Development shall be made by the owner of the property except that an option holder may apply for Townhouse Development provided his application is accompanied by signed letters stating no ob�ection from the owner or owners of all Land included in the application. The application sha11 be filed in the Building Inspection Department and shall be accompanied by a minimum of three (3) copies of the preliminary plan containing the following information. A. Plot plan showing building, parking areas, curbing, driveways, sidewaLks, fencing, drainage and autside utilities, etc. B. Landscaping plan showing outside surface develop- mei�t including sodding, blacktop, concrete, etc., and glantings. C. D. E. F. G. Architectural plans, sections and elevations specifying the exterior material to be used. Density of land use. Height of a11 buildings. Size of ali buildings. Feasibility study for disposa2 of sanitary waste and storm sewer, H. Proposed water service. I. The proposed geographical staging and timin� of the glan. 2. Final Flan: i The final plan shall be filed in the Build�ng Inspection Office no laler than 90 days after approval of [he prelim�nary plan is given by the C�.ty Council. The final plan shall include,but not be limited to,three (3) copies I of the following materials. � A, H final plan indicating placemznt and type of all buildings and their uses. B, An elevation drawing of [he proposed development which �aill best indicate the height and size of all structnres. 99 , i � � � :� � � C. A copy of all deed restrictions, and covenants and a copy of the by-laws of the proposed association of owners including but not being limited to the provision of the "Apartment Ownership Act", Chapter 457, Laws of 1963, (MSA 515.01 to 515.29), . D, Landscape plan. E, Any changes in the final plan caused by amend- ments to the preliminary plan by the City Council. The fee for filing a Townhouse Development which includes the fees for process�ng the application by the City shall be $100.00. 45.143. Standards Standar�s 1. Lot Requirements and Setbacks A. Lot Coverage. The maximum ground floor area for the svm of a11 buildings in the project shall not exceed 25% of � total land area in the Townhouse Developmen[. B. Densities District Lot Area/Unit R-1 9,000 Sq, Ft R-z 5,000 Sq. Ft R-3 3,000 Sq. Ft NOTE: The lot area r=qu�re3 per dwellir.g unit shall be computed by including the entire development, including the streets, walks, and other open areas; except dedicated streets and other public facilities. 2. Special Requirements A. The staging of any plan for To�.mhouse Development sha11 include the time for the beginning and completion of each stage. Such timing may be �modifi^d 6y the City Council on the ;howing of good cause by the owner, B.' Any and all con�on open space sha11 be labeled � as such and as to its intent or designed fuaction and provisions for mair.tenance, oymersh�p, and preservation sha11 be made in accordance with the provisions of the °Apartm�nt Ownership Act", Chapter 457, Laws of 1963 (M.SA 515.01 to 515.2�3). �CQ � t_ i� C, Tite final p2an shall iaclude a11 proposed covenants, zestrictions and easements to run with the land together with any provisions for release from same; provisions for dedication of easement for public streets, ways and facilities� density, size and location of all stzuctures. Q.11 or any of the foregoing may be modified as � deemed necessary by the City CounciL for the preservation of the puhlic health, safety, morals and general welfare of the residents of the Townhouse Development and the City of Fridleye D. When Townhouse Development is granted in an R-1, District, the following conditions must be met: 1) The development sha11 consist of owner occupied dwelling units. 2) Membership in the Townhouse Development shall be made part of the agreement of the sale oP each dwelling unit. 101 L_ � � � � � � � 45.15. ADDITIOrIAL USES AND RESTRICTIONS- ALL DISTRICTS 45.151. Non-conforming Uses and Structures 1. Any structure or use lawfully existing upon the effective date of this Ordinance may be continued at the size and in a manner of operation existing upon such date except as hereinafter speciffed. F. Nothing in this Ordinance sha11 prevent the placing of a nonconforming structure in safe condition when said structure is declared un- safe by the Building Inspector. 3. Whenever the non-conforming use of a structure is changed to a use permitted in a more restricted district, such use sha11 not thereafter be changed to a use permitted in a less restricted district 4. Whenever a lawful non-conforming structure shall have been damaged by fire, flood, explosion, earthquake, war, riot, or act of God, it may be reconstructed and used as before if it be re- constructed within twelve (12) months after such calamity, unless the damage to the building oN structure is fifty per cent (50%) or more of its fair market valve, (or its assessed valuation) as determined by the Building Tnspection Depart- ment, in which case the reconstrucYion shall be for a use in accordance with the provisions of this Ordinance, 5. Whenever a lawful non-conforming use of a structure or land is discontinued for a period of twelve (17_) months, any £uture vse o£ said structure or land shall be in conformity with the provisions of this Ordinance. 6. Such non-conforming use shall not be moved [o any otheY part of the parcel of laad upon which the same was conducted at the t�me of the adoption of this Ordinance. 7. Any structure o�hich w:17, urder this Ordinance, beceme non-conforming but for which a tu7.lding permit has been lawfully gzanted �rlor to the effective date of this Ordinance or of amendments thereto, may be completed in accordance aith the 102 r r,� ADDITIONAL IISES AND RESTRICTIONS- ALL DISTRICTS Non-conforming Uses and Structures 0 � approved plans; provided censtruction is started within ', six (6) months of the effective date of this Ordinance or amendment thereo£ and continues to completion within two {2) years. Such structure shall thereafter be a I� legally existing non-confotming structure. 8. Normal mainteaance of a building or other structure � contaimng or related to a lawfui non-conforming use is permitted, including necessary non-structural repairs and ittcidental altetations �ahich do not extend or in- tensify the non-conPorming use. I� 9. Alterations may be made to a building containing lawful non-conforming residzntial units when they wi11 improve,the livability thereof, provided they will not increase the number of dwelling units or bulk of the � building. 10. The provisions herein for the continuance of non- conforming uses shall not prevent or interfere with action that may be taken to abate any nuisance in any manner provided by law 11. Any structure, any pottion of which is situated unlawfully wzthin a public street or alley or other public way or thoroughfare, is hereby declared to be a non-conforming use, whether or not its use is other- wise in conformity with the regulation of the district in which said structure is located. Any such structure shall be subject to any and all applicable regulations herein for non-conforming uses except in the event the City Council shall require rem�val o£ the strvcture or portion thereof for a public purpose, in which case such requirement shal7 prevail 12. No junk yard may continue as a non-conforming use for more than one (1) year after the effective date of this Ordinance, except that a junk yard may continue as a non-conformzng use in a specified district if within that period it �,s completely enclosed within a building, fence, screen planting, or device of such height so as to screen completely the operations of the �unk yard Plans of such a building or device shall be approved by the City Planning Commission and City Council before it is erectr_d or put into place. �t5.152. Lot Aequirements 1. No lot sha11 be so reduced ur diminished, ctor shall any structure be so enlar;ed or moved, as to reduce or diminish the yards, lot area or open space required herein in the district in which locaLed, Ivo yard or other upen space required herein for a,y building Shall 103 Lot Requicemzats ' � L_ � :� � � be considered as providing a yard or open space for any other building, and no yard or open space on an ad�oining lot or parcel of propetty sha11 be so considered as providing a yard oz open space on a lot whezeon a building is to te erected. 2. The standards established herein serve, among the othez gurposes of this Ordinance, to provide to each structure located on any 1and, a building site suitable to its particular needs as well as adequate areas of opzn space between such structure and any adjacent building, all as is deemed suitable or appropriate to each such building or structure and their respective uses. It is, also, deemed a purpose herein, to provide standards which encourage uses of ]and and the erect�on of bu�ldings and structures thereon in areas which are open, unplatted or without any substantial number of buildings located tnereiu, as are of a type, size, style and design as are deemed to meet currently at all times the needs of the City and its inhabitants for the purpose� of residence, commercial use or indueLrial enterprises; and, a1so, to enable an owner nevertheless, to make a reasonable use of a parcel of land recorded or approved prior to the enactment of this ordinance and is therefore, smaller or different in type, size, style, or deeign from that otherwise required herein. 45.153. Exceptions to Lot Aequirements 1. Height Limit Exceptions: The building height liu�its esY.ablished herein for districts sha11 not apply to belfries, cupolas, domes, spires, monuments, roof houses, airway beacons, radio tow°rs, wind mills, flag poles, cnimneys or flues, nor bulkheads, elevatorsr water tanks, or poles, towers and other structures for essential services, not to similar structures or necessary mechanical appurtenances extending above the roof of any building and not occupying more than 25 per cent of the area ef such roof. When permitted in a district having a building height limit of less than 65 f2et, public � buildings, schools, chvrcSes ar.d ether instit- utions a�d sem�_-public building; m1j� te erected [o a he-�ght nol- exceeding 75 feet provided that the froat yard depth, s�de yard widths, and rear qard depth be each increased 1 foot over and above the requirement for the district for each 2 feet of building height ab 7�re t�-e build�.pg heights 1ici�t. 104 Exceptions to Lot Requirements � �-- 2. Front Yard Eiceptions; Tn a block where the average of the front yard depths of exi.stipg buildings within a distance of 100 feet on both sides of a boilding to be erected is more than the minimum set-back required, then the set-back for the said building could be 6 feet more or 2ess of this mean depth but in no case sha11 be less than the required set-back for the dis- tance in which such block is located. Should this difference be more than 6 feet the Board of Appeals may vary the front yard requirement for the building. 3. Rear Yard Exceptions; (With Alley Adjoining) In computing the depth oE a rear yard for any building where the rear lsne of tlte lot adjoins an a11ey, � of the wzdth of such alley may be included as rear yard depth, provided, that the rear yerd depth actually on the lot shall not be less Chan 20 feet in any residential district and not less than 25 feet in any other district. 45.154. Structures in Xards and Courts Every part of a required yard or court shall be open and unobstructed by any buildzng or structure, from its lowest point upward, except as folloc�s: 1. Accessory Buildings: Accessory buildings are permit�ed in a rear or side yard onlq and sha11 be not closer than 3 feet to any lot line, when not more than 15 feet in height, with one additional foot of distznce required for each 3 feet of additional height to a height limit of 24 feet. Accessory buildings may contain one dwelling unit for servants or one for private guests or one of each, but no dwelling unit for any other purpose is permitced in a rear yard, Accessory buildings sha11, in the aggregate, occupy not more than 35 per cent of the area of a required rear yard 2, Eaves, Etc.: Sills, bel[ courses, cornices, buttresses and eavzs may pro�ect not more than 3 feet into any required yaz-d. 3. Border Development: Walks, steps on ground slopes, retainin� walls, hedges and natural growth, fences, paved [erraces and paved az�eas, structures used orna- mentally or for gardening or for private recreation purposes, and structures for essenCial services, when accessory to aud customarily incidental to the prin- cipal use, are permitted in yards and co�_irts, orovided that a side yard strip 1-z feet iu width a3�oining the side line of the lot shall be unobstructed by any sL-ructure or fea[ure, except a fence, that is higher than 2 feet above the giound leve] No �ence or closely grown hed�e bozdering 1ot �.��es shalj 6e more than sevcn feet in 4e�gh� ia .,ny :e^r ,,. side �3rd, 105 Stxuctures in Yards and Caurts � _. � � L...J S � A fence or wall not exceeding four (4) feet in height is permitted within the limits af front yards. On a corner lot in a vision safety con[rol zone, nothing shall be erected, placed, planted or al:owed to grow in such a manner as to impede vision between a height of two and one half (2z) and ten (10) feet above the level of the curb nearest it (in the absence of a curb, [he centerline grade of the intersecting street sha11 be used in lieu of curb level), above the vision safety control zone described as follows: That area bounded by the s[reet right of way Lines of a corner 1ot and a straight line joining points on said right of way Lines twenty five '(25) feet from the intersection of said right of way lines, Anything presently erected, placed, planted or allowed to grow in such a manner as [o impede vision in a vision safety zone shall be considered non-conforming until June 1, 1971, but shal'_ be cerrected by transplanting or re- moved from the vision safety zone before such date. 4. Porches and Steps; Uncovered porches and steps to building entrances may extend not more than 10 feet into any required front yard or rear yard and not more than 3 feet into any re- quired side yard 5. Fire Escapes: Openwork fire balconies and fire escapes may extend not more than 1-i feet into a required yard. 6. Chimueys: Chimneys and flues may extend not more than 2 feet into a required yard. 45.155. Boulevards 1. Maintenance: The ground area between the street surfaciug or curb aad the City right of way line, is designated as the boulevard, and shall be properly maintained 6y the adjacent property owners. Proper maintenance shall include proper grading and seeding or soddieg. 2, Access; Access across the boulevard is re- stricted to driveways and sideF�alks. � Drive�:ays shall be permitted, but restricted in size to be equal Lo the width of the drive- way opening approved by the City Sidewalks shall be permitted at a width no greater than five (5) feet. 1W Boulevards 3. Other Uses Excluded: Any type of surfacing or use except for the facilities mentioned is not permitted in the boulevard. 45.156. Auto Park�ng Stalls (Variance) 1. In a case where existing off-street parking facilities, to the use of the public free of charge or at reasonable rates, have unused parking capacity, the Board of AppeaLs may recommend to the City Council the reduction of the parking space requirement for any use not more than 500 feet distant, by n�t more than the number of stalls of unused capacity, 2. In a case where any public or private oEf-street parking facilzty, to be open [o the use of the public free of charge or at reasonable rates, is under const- ruction or planned, and where there is reasonable assurance [hat such deveZopment wi11 be carried to com- pletion and will when completed relieve the parking demand in an area within 500 feet thereof in some mea- sure or in full measure, the Board of Appeals may recoaunend to the City Council [o esta6lish a reasonable time Period within which any use or uses within such ` area shall provide required spaces for parking stalls. Upon completion of all or a portion of such development, the provisions of the preceeding paragraph �k1 may be applied. 3. In a case where the customary mode of transportation of a majority of the patrons, employees and proprietors of any use, to and from the area in which such use is located, is other than by private automobile, the Board of Appeals may recommend to the City Council a reduction, by not more than 50 per cent, the parking space require- ment for such vse. 4. In a case where it is clearly shown by the applicant that the provision of space required herein for parking stalls, due to the particular nature of a proposed use or other conditions, would be unnecessary hardship, the board may recommend to the City Council a variance of such requiremen[. 5. In a case where it is clearly shown by the Ci,ty that the provisious Yor parking space required for specific district uses is inadeqiiate, additional off-street patking will be required by the City. 107 - �-- - --� - Auto Parking Stalls (Variance) � � .� � �� 45.16. BUILDING YERMITS 45.161. All Districts A building pe�mit shall be acquired before the erection, construction, recoastruction, alteration, enlargement or moving of any huilding except that such permit sha11 not be required if the full value of said work is less than $150.00. 1. Each app2ication for a building permit shall be accompanied by a Certificate of Survey, drawing, or p1at, in duplicate, drawn to scale and showing the lot, the proposed building and dimensions of the lot and building; the location and pxoposed use of the buiZdings; the location, dlmensions, present and proposed use of any existing building on the same lot; the set- back and dimensions of froat, side and rear lots ard such other information as the zoning administrator shall requite for the enforce- ment of this ordinacce. If interior finishing of a home or building is to be done, the material accompanying the application, as noted above, for a permit will not be required. 2. Once construction of the foundation has been completed, a certificate of survey showing the location of the foundation shall be re- quired� before the framing of the structure is begun. 3. Construction shall commence within ninety (90) days fxam the date of the issuance of the building permit unless writtea application is made for the extension of said time, in which event the extension of time shall be at the dtscret;_on o£ the zoning administrator. If not coumienced within said ninety (90) day period of extension as grante3 by the admin- istrator, such permit sha11 be void. 4. No building per�it shall be issued for the constructioh, reconstruction, alteration, enlargement or moving of zny buildi_ng unless said proposed work is in conformity with the Fridley building code. 108 BUILDING PERMITS A11 Districts Q . � i 45.162. Permit Required Permit Required In addition to other regulations and requirements herein, no building or use sha11 be permitted in any District nor shall existing land contour or drainage be substantially altered withou[ a building germit and/or a land alteration permit therefor as provided in the City Code of Fridley, and no such permit shall be issued for any building or use not in conformity with applicable structural, safety and sanitary regulations, and not in conformity with the following minimum requirements whose purpose i�, to avoid the establishment of unsafe and unsanitary buildings and uses. 45,163. Sanitary Facilities Sanitary Facilities None except flush toilets shall be provided in buildings in a11 districts with connection to a sanitary sewer required on each lot served by a se.aer. Where connection to a sanitary sewer is found by the zoning administrator to be infeasible, - he may approve other waste disposal by septic tank and cesspool or drain field, with drains from flush toilets and other drains from the building properly connected with an underground septic tank and cesspool or drain field, so constructed, covexed and operated that no offensive odors sha11 be emiCted. No cesspool or septic tank sha11 be located or used within 50 feet of any we11 or withi_n 30 feet of any side or rear lot line. Should tl�e 3D foot distance be found by the zoning admsnistYator to be unnecessary, he may approve a reduction down to 10 feet. 45.164. Water Supply Water Supply Any proposed water supply sha11 be City Water on each lot served by a water line, provided the zoning administrator may approve other proposed water supply, if determined satisfactory. 45.165. Structural Safety Structural Safety Sufficient coastructfon plan.s or written des- cription of construction, grading, excavatinv a::c? filling to satisiy t:re zoning administratot a� to reasonable structural safety and adequacy of bvilding and finished grades for the proposed use, shall be furnished him. 109 „ _ + L_ _ � � � ,� � �� 45.166. Basemezit Dwelling No basement dwellings shall hereafter be permitted in �ny district, unless specifica�ly permitted under other prnvisions of the code. Existing basement dwellings shall have the status of non-conforming uses, provided they sha11 be subject to time limits and other requirements heretofore or hereafter esCa�lished for completion of whole dwellings as permitted in the districts in which located, 45.167. Procedure The buildinj permit for structures, other than one and two-family d�vellings and accessory buildings shall be issued o�hen the following procedure has been completed, 1. The owner or developer of prope:ty in- volved shall submit the following exhibits to the building hoard for its xevLevr; A. Completed building permit application. B. A boundary survey of the effected area, lot or tract. In addition, there shall 6e subm�tted a sketch to scale showing all property within 250 feet of the effected property including the location and size of buildings, driveways, and parking lots. C. P1ot plan showing building, parking, driveways, sidewalks, curbing, fencing, drainage and outside utilities, etc. D. Landscaping plan showing octs3dc surface development includino sodding, olacktop, concrete, etc „ and planting specified as to size and species. E.,Architectural plans, sections, and el2vations specifying the exterior material to be used. 2. After the P,ui]ding Boaid has reviewed the request and made their recomr:enda*_xon, thc proposal m�st b� approved by the F7idle� Caty Council 3. After City Council appxoval, the Buildi.ng Inspectio� Department must process the application in order to issue the building permit, The appJ.ica;;t ��st submjt the fn7l��aing infonnation: 110 Sasement Dwelling Procedure .; � � A. Three complete sets of working drawings. These drawings must be stamped and signed by a Minnesota Registered Architect or Engineer for all const- ruction costing over $30,000.00. All plumbing' diagrams msst be approved and stamped by the State Board of Health on any Public Buildings, B. A performance bond for the cost of all exterior development, including landscaping, parking facilities, and other site improvements; and if after the specified time the work is not done, the City shall have the work done with all costs charged against the bond. The Council may waive the bond requirement, but a performance agreement would then be required from the land owner, requiring the work to be done within a reasonable time, to be fixed in the agreement, and if such improvements are not completed within the time specified, the City may construct or complete such improvemcnts and assess the cost against the owner. C. Any additional information requested by the c�ry. 45.168 Certificate of Occupancy 1. A certificate of cccupancy, stating that a11 pro- visions of this chapter have been fully complied with shall be obtained from the zoning administrator before any structure for wSich a ouilding permit is required is used or occupied; any use of an existing structure is changed to a use of a different classification; any non-conforming use is improved or enlarged. 2. In the case of a structure or use established, altered, enlarged or moved upon the issuance and receipt of a special use permit, a certificate of occupancy shall be issued only if all the conditions thereof shall have been saT.isfied. 3. Application for a certificate of oceupancy shall 6e made to the zoning administrator when the structure or use is ready for occupancy and within ten (10) days thereafter the zoning administrator sha11 inspect such strt�ctm-e or use and if found to be in conformity witF� all procisioas o£ this ordinance sha11 sign 2.^.d issue a certificate of occupaac;� , 1] 1 � — --- Certificate of Occupancy �__" � �J � =1 � � � 4. No permit or license required by the City of Fridley or other governmental agency shall be issued by any department, official or employee of the City of such governmental agency, unless the application for such permit or License is accompanied by proof of the issuance of a Certificate of Occupancy by the 2oning Administrator. 45.17. ANNEXATION Except where a different zoning classification is established by and under any ordinance for the annexation of the affected lands, areas hereafter annexed to the City of Fridley shall be considered to be in R-1 Districts, and may be changed wholly or partly to any other District or Districts only by an amendment or amendments as provided for herein Within 40 days a.fter the effective date of any annexation the City Council sha11 cause nec- essaty studies to be made for a determination of the need, if any, for any change in the zoning classification. 45.18. BOARD OF APPEALS AND VARIANCES 45.181. Organization of Board of Appeals The Council hereby appoints a sub-coimnittee of the Fridley Planning Couunissicn to sarve as thc Board of Appeals and Ad�ustments and to exercise all authority and perform all functions of said Board pursuant to Minnesota Statutes 462.351 to 462.364. Said sub-conunittee shall consist of five members including the iKember-at-Large o£ the Plamiing Cocm�issiona who shall serve as Chairman of the Board of Aoneals and four additional members, to be appointed by the City Council for three year terms, The oxiginal appointment should be staggered so that no more than itiio members tenns shall expi_re during any one calendar year. 112 ANNEXATION BOARD OF APPEALS AND VARIANCES Organization of Board of Appeals , 45.1$2. Powers and Duties of Board of Appeals The board shall have the poo�er and duty of hearing and recommending to the City Council as herein �provided, appeals or requests in [he following cases: , 1. Appeals where it is alleged that there is an error in any order, requirement, decision, oz determination made hy an administrative officer in the enforcement oE this ordinance. 2. Aequests for variances from the literal pro- visions of this ordinance in instances where their strict enforcen�ent would cause undue hardship because of circumstances unique to the individual property under consideration In recommending a variance, the board, and the Council on approval, may impose conditions to insure compliance and to protect ad�acent properties. 45.183, Petition by Owner At any time within thirty days, any property owner who deems himself aggrieved tay an alleged error in any order, requzrement decision or deter- mination made by an administratxve officer in the enforcement of this o:dinance which effects his property, may aPpeal to the Board of Appeals by filin� a w-ritten appeal with the City Manager. The appeal shall fu11y state the ordcr appealed from the facts o� the matter, and also [he mailing address of the oF�er. 45.184, Recommendation by Board of Appeals Within thirty (30) days after filing an appeal from an administrative order or dete�ination, the Board of Appeals sha11 set a date for , hearing [hereon and shall hear such persons as 113 Powers and Duties of Board of Appeals Petition by Ocaner Recammendation by Board of Appeals . _ �_ � � � .� � wish to be heard, either in person or by agent or attorney, Notice of such hearing shall be mailed not less than ten (10) days hefore the date of hearing to the person or persons who file the appeal. Within a reasouable time, after the hearing, the Board sha11 make its recou¢nenda[ion and for- ward a copy of such recommendation to the City Council. 45.I85. Record of Action Taken The Board of Appeals shall provide for a record of its proceedings, which shall include the minutes of its meeting, its findings and the recommendations made on each matter heard by it, including its final recommendation. 45.186. Variances � The Board of Appeals may recanmend variances from the strict application of the provision of this ordinance and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships preventing the strict application of the regulations of this ordinance. An application for a variance sha11 be filed with the zoning - administrator and shall state the excep- tional conditions and the peculiar aed � practical difficulties claimed as a basis for a variance. ' 45.187. Acr.ion of the Council The Council sha11 at its next regular meeting a£ter receiving the recommendation of the Board of Appeals decide on the final action [o be talcen. 45.188. Lapse of Variance by Non-Use Whene�cx withia one (1) year after grantino a variance the recipient of the variance shall not have completed the work as per- mitteu by the variance, then such variance 114 Record of Action Taken Variances Action of [he Council Lapse of Variance by Non-Use !E � shall become null and void unless a petition for extension of time in which to complete the work has been granted by the Board of Appeals, Such extension shall be requested in writing and filed with the City Mannger at least twenty (20) days before the expiration of the original variance The request for extension shall state facts sho�aing a good faith attemp[ to complete the woric permiCted in the variance. Such petition shall be presented to the Board of Appeals for hearing and decision in the same manner as the original request for variance. 45.19. SPECIAL iJSE PERMIT 0 Application for Special Use Permit sha11 be filed with the Zoning Adminlstrator. It shall be accompanied by such data as the Planning Co�nission sha11 require through rules and regulations adopted by the Commission. 45.191. Referral to the Planning Coaunission 1. The Planning Commission shall hold a public hearing on the application within sixty (60) days and shall provide published notice of said hearing at least 10 da}�s before the hearing together with mailed notice to a11 property owners w�thin 200 feet of the property affected. Failure to give mailed notice to individual property owners, or defects in the notice shall not invali_date the pro- ceedings, provided a bonaficte attempt to comply with the mailed notice requirement has been made. 2. The applicant and/or his representatives shall appear before the Planning Commission in order to answer questions concereing the proposed special use The Planning Comission shail report its findings to the Council indicatxng its recomm- endatian as to approval or denial and specifying what, if any, conditions are necessary regarding the location, character and other features oE the proposed use or building. 45.192. Council Action Upon receiv�ng the reconunendat�ons of the � Planning Covunission the City Council must take � action within sixty (60) days and may affircn or deny the app�icaKion� by a simple ma�ority vote. If the Sp�cial Use °ermit 115 SPECZAL USE PERtiIT Ref�r:al to the Planning Coc�cission Council Acl:ion � � � �� . � .1 � is granted, the Council may impose conditions it considezs necessary to protect the public health, safety and welfare and may include a time limit for them to exist or operate. 45.193. Denial Special use permits may be denied by motion of Che Council and such motion shall constitute a find that conditions requ�red for approval do not exist. No application for a Special Use Permit which has been denied wholly or in part sha11 be recubmitted for a period of six �(6) months from the date of said order of denial, except on new grounds of new evidence or prooE oi changes of conditions found to be valid by the Planeing Commission. 45.194. Lapse of a Special Use Permit by Non-Use Whenever within one (1) year after granting , a Special Use Permit the recipient of the Special Use Permit sha11 not have completed the orork as peimitted by the permit, then such permiC shall become nu11 and void unless a petition for extension of time in which to cuu�plete the work has been granted by the Planning Commission. Such extension shall be requested in writing and filed with the City Manager at least twenty (20) days before the expiration of the original - Special Use Permit. The request for ex- tension shall staCe facts showing a good faith attempt to complete the work pezmitted in the Special Use Permit. Such petikion shall be presented to the Planning Commission for hearing and decision in the same manner as the original request for the Special Use Permit. 45.20. AMENDMENTS The City Council may amend the zoniug ordinance and the zoning districts as designated on ' the oEficial zoning map of the City An amend- m?nt to the zoning ordin?nce or to the boundaries of any zo��ng di.strict s��y be inatlated by the City Couacil, the Planning Com�niss,vn 116 Denial Lapse of a Special Use Permit by Non-Use AMENDM"cNTS , 7, r � or by a petition of any affected property owner. � An amendment not initiated by the Planning Commission shall be referred to the Commission for public hearing and recommendations. The � City Council shall not act upon the requested amendment until it has received the recommend- ation of the Planning Commission or until sixty (60) days have elapsed from the date of reference of the amendment to the Planning Couw�ission. k5.201. Public Hearing Public Hearing No zoning`ordinance or the boundarxes of any zoning district shall be amended until a public hearing has been held by the Planning Commissiou and by the City Council. A notice of the time, place and purpose of the hearings shall be published in the official newspaper of the municipality at Zeast ten (10) days prior to the day of hearing before the Planning Coizrtnission. The same notice shall be given for the hearing before the City Council. When an amendment involves changes in district � boundaries affecting an area of five (5) acres or less, a similar notice shall be mailed at least ten (ld) days before the day of the hearings [o each owner of affected property and property situated wholly or partly within 200 feet of the property to which the amendment relates. For the purpose of giving mailed notice, the person responsible for mailing tl�e notice may use any appropriate records to deYermine the names and addresses of owners. A copy of the notice and a list of the owners and addresses to which the notice was sent shall be attested to by the responsible person and shall be made a part of the records of the proceedings The fai]ure to give mailed not�ce to individual property o4mers, or defects in the notice shall not invalidate the proceedings, provided a bonafide attempt to comply with this subd�vision has been made, 45.202. Council Action Council Action An applicant or other affectee arope:ty oc��aers or their representatives may appezr before tr.e Planning Commission and Council and sha11 be given 117 L__ � _ . 1 � 5 ' � � an opportunity to be heard. A two-thirds (2/3) vote of all members of the Council shall be required for passage of an amendment to the zoning ordinance or for the change of any . district b.,undaries pursuant to said ordinance 45.21 ENFORCEMENT 45.211. Violation a Misdemeanor; Penalty The owner of a building or premises in or upon which a violation of any provision of this ' ordinance has been committed or shall exist, or the lessee of the entire building or entire premises in or upon which violation has been committed or shall exist; or the owner or lessee of any part of the building or premises in or upon which such violation has been coimnitted or shall exist, shall be guilty of a misdemeanor, punish- able by a fine of not more than $300.00 for each and every day that such vialation continues. Any such person, who having been served with an order to remove any such violation, shall fail to comply with said order within ten (10) days after such service, or sha11 continue to violate any provision of the regulations made under authority of Chis ordinance in the respect named in such order, shall also be sub�ect to a civil penalty of not to exceed $300,OD, 45.212. Intzrpretat�on In iuterpreting and applying the provisions of this ordinance, they sha11 be held to be the minimum requirements for [he promotion of Lhe public safety, health, convenience, comfor[, prosperity and general welfare. It is not the intention of this ordinance to inter:ere with or abrogate or annul any easement, c�- venant or other agreement between parties, provided, however, that where this ordinance imposes.a greater restriction upon the tse of building or premises or upan height of building, or required larger open spaces than are imposed or requ9red by other ordinances, rules, reglations or permits, or by easements, covenants or agreemeirts, the provisions oF this ordinance shall govern. ifE:l ENFORCEMENT Violation a Misdemeanor; Penalty In*_erpretation �r � m 0 — . �v — — e. t � SECTION Z, Sections 45.OI to and including 45.50 as they existed przor to the adop�ion of this amendment are her:.by repealed. That this ordinance shall be in force and effect from and after publication. PASSED BY THE CITY CDUNCiL OF THE CiTY OF FitIDLEY THIS Third DAX OF November � 1969. ATTEST: I � 7 /� � :�.a..,�„ l- 1 "� CITY LERK - MARVIN C. BRUNS�LL First Reading: Sep_*_emher 2, 1969 Second Reading: November 3, 1969 Publish: ° November 12, 19b9 J ; i ' � r.�� C;� ti,�� ,�/� �l« U, _ (MA OR - JACK 0, 'IRKHAM � �, 0 lI9 � � e