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01/24/1983 - 5226• � � . FRIDLEY CITY COUNCIL MEETING PLEASE SIGN NAME ADDRESS AND ITEM NUMBER INTERESTED IN DATE:___ Januarv 24, 1983 NAME ADDRESS - 4'� r� �oc I� 6�'�; N�� f "=�3�. v �v,2f ,�.� S� , � R► Xx..� x.. c 1111 Lh F�A 1�i�C�i�_' �rtt=`�C��h.l �11--K)_ 1= ✓�.n�-.....-�n ��.c �/��.n, .•-..r � � 5 � ��(�- V /V.%. ! / �`�)Ow � �'L l _ 1 %' 0 ITEM NUMBER ___—__=====q � ► FRIDLEY CITY COUNCIL � JANUARY 24, 1983 - 7:30 P.M, I�iiO T0: �ITY �OUNCIL FOILOWING ARE THE "ACTIONS TAKE��" BY THE ADMINISTRATION FOR YOUR INFORMATION. '. I PRESENTATIONS: I I s tITY MANAG CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING CITY OF FRIDLEY Presented by Mr. Charles Darth, State Representative.of the Municipal Finance Officers Assoc. FINANCIAL REPORTING ACHIEVEMENT AWARD RICHARD D� PRIBYL, FINANCE OFFICER Presented by Mr. Darth APPROVAL OF MI��UTES: �OUNCIL MEETING OF �ANUARY 1�, 1983 Approved with correction on Page 14, second to last paragraph, insert word "not" after word "do". ACTION TAKEN: Correction made in minutes ADOPTION OF AGENDA: Added: Resolution regarding Comnunity Development Block Grant Funds OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 Mtr�uTES) Mr. Robert Minton and Mr. Lynn Boergerhoff presented booklets on accessiblity in the City for disabled persons 'UBLIC WORKS IUBLIC WORKS 'U6�,C WORKS �ITY �OUNCIL, �ANUARY 24, 1983 OLD BUSINESS: CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER ZOS ENTITLED ZONING AND RELEALING THE OLD CHAPTER ZOS OF THE FRIDLEY CITY CODE IN ITS ENTIRETY iSEE SUPPLEMENTAL AGENDA). ��. Item tabled to Conference Meeting agenda for January 31, 1983. Planning Commission and Chamber of Commerce and others interested to be invited to attend ACTION TAKEN: Backeonnage datfot�rJ2/28/833forlsecond reading NEW BUS I tJESS : CONSIDERATION OF FIRST READING OF AN ORDINANCE PAGE 2 ..1-lA AMENDING SECTIONS OF THE CITY CHARTER OF THE CITY OF FR IDLEY. . . � . . � . . � . . . � . . � . � . 2 - 2 D AND CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 3�O% OF THE CITY CHARTER OF THE CITY OF FRIDLEY . . . � . . . � . � . � � � . � . 2 E - Z H Ordinance to amend sections--adoption on first reading failed. Ordinance amending Section 3.07 was adopted on first reading ACTION TAKEN: Send back to Charter Comnission with comments ACTION TAKEN: Second Reading February 7th CONSIDERATION OF A FINA� PLAT P.S� #HZ-O3, SA6A SUBDIVISION, LYNDALE TERMINAL CO�, ZSO S�7H PLACE AND CONSIDERATION OF A VARIANCE TO REDUCE PARKING STALLS TO HOO, LYNDALE TERMINAL C0� �HOLIDAY WAREHOUSE), Z5O S�TH AVE. iTABLED)� . . . . . . . . . �peals Comm. Recommendation: Minimum of 950 stalls with stipulation 3-3M Approved final plat with stipulations and subject to County approval Approved variance with 950 parkin�q stalls and with stipuiations ACTION TAKEN: Applicant informed Y LIC WORKS PUBLIC WORKS ICE DEPT. �UBL IC WORKS �ITY �OUNCIl, �ANUARY Z4, 1983 NEW EUSINESS (CON7INUED) REVIEW OF A SPECIAL USE PERMIT, SP �HI-IO, SUBURBAN HOMES, INC� TO ALLOW THE CONTINUATION OF A MOBILE HOME SALES LOT AT �EZS VIRON RoAn NE. ...... r.. SUP permit was extended to August 8, 1983. Staff to work with owner and/or operator on outstanding issues ACTION TAKEN: Applicant infornied PAGE 3 4-4D �ONSIDERATION OF A RESOLUTION APPROVING PHASE II PLANS FOR THE CENTER C1TY PROJECT AND ASSISTING THE HRA WITH PUBLIC IMPROVEMENTS AND AUTHORIZATION TO EXECUTE AGREEMENT OF COOPERATION WITH HRA. �.�.� S- S C Resolution N0. 11-1983 adopted ACTION TAKEN: Agreement executed � � CONSIDERATION OF RESOLUTION REQUESTING A SHIFT OF FY1982 CDBG FUNDS FROM THE "MOORE LAKE PROJECT" TO "CENTER CITY PHASE II ACQUJSITION PROJECT° I WITHIN THE CENTER CITY REDEVELOPMENT DISTRICT Resoluton No. 12-1983 adopted ACTION TAKEN: Working with HRA CONSIDERATION OF A RESOLUTION AUTHORIZING PAR71C1PA- TION IN 7HE MINNES07A POLICE RECRUITMENT SYSTEM. .��. 6- 6 S Resolution No. 13•1983 adopted pending approval by Police Cortan. . ACTION TAKEN: Resolution executed February 7 after approved by Police Comnission CONSIDERATION OF A RESOLUTION ESTABLISNING MUNICIPAL AID STREETS. . . . . . . � . . . , . . . . . � . . . . � % - � A Resolution No. 14-1983 adopted ACTION TAKEN: Proceeding as Authorized • CENTRAL SERV CENTRAL SERV CENTRAl. SERV. CENTRAL SERV. �ITY �OUNCIL. �ANUARY Z4, 1983 NEW BUSINESS (CONTINUED) �LAIMS . . . . . . . . . . . . . . . . . . . . . . . . 8 Approved ACTION TAKEN: A]l approved c]aims have been paid. ' LICENSES� . . . . . . . . . . . . . . . . . . � . . . . 9 — 9 B All Licenses approved except SAGA Liquor license was approved contingent on their submission of final building plans and construction of , building ACTION TAKEN: All approved licenses have been issued with the exception of Saga Corp, liquor License. Will work with Public Works to ensure that all plans are submitted before issuance of license. EST I MATES . . . . . . . . � � • • � . . • • • • • • � • �O - 10 A Approved ACTION TAKEN: All approved estimates have been paid. COMMUNICATIONS: � SUBURBAN PJORTH BOXING CLUB: REOUEST COUNCIL APPROVAL TO SEEK BOXING FRANCHISE FROM MN STATE BOXING �OMMISSION. � . . . . . . . . . . . . . . . . . . . . � 11 — �1 � Council concurred with request ACTION TAKEN: Council's action will be certified and sent to t�ie Boxing Club. ADJOURN: 8:45 P.M. 0 a 0� FRIDLEY CtTY COUNCIL JANUARY 2�, 1983 - 7:30 P,M, PLEDGE OF ALLEGIANCE: PRESENTATIONS; CERTIFICATE OF CONFORMANCE IN FINANCIAL REPORTING CITY OF FRIDLEY FINANCIAL REPORTING ACNIEVEMENT AWARD RICHARD D� PRIBYL, FINANCE OFFICER APPROVAL OF MINUTES; �OUNCIL MEETING OF �ANUARY 10, 1983 ADOPTION OF AGENDA; OPEN FORUM, VISITORS: �CONSIDERATION OF ITEMS NOT ON AGENDA - 15 MINUTES) �ITY �OUNCIL, �ANUARY 24, 1983 OLD BUSINESS: PAGE 2 CONSIDERATION OF SECOND READING OF AN ORDINANCE ADOPTING A NEW CHAPTER ZOS ENTITLED ZONING AND RELEALING THE OLD CHAPTER ZOS OF THE FRIDLEY CITY CODE IN ITS ENTIREiY �SEE SUPPLEMENTAL AGENDA)� ��.� 1— 1 A � f NEW BUSINESS: CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTIONS OF THE CITY CNARTER OF THE CITY OF FRIDLEY� � � , � � � � � � � � � � � � � AND CONSIDERATION OF FIRST READING OF AN ORDINANCE AMENDING SECTION 3�O% OF THE CITY CHARTER OF THE CITY OF FRIDLEY � � � � � � � � � � � � � � ,,,2-2D ,,.2E-2H CONSIDERATION OF A FINAL PLAT P�S� #82-03, SAGA $UBDIVISION, �YNDALE TERMINAL �0 „ 250 57TH PLACE AND � CONSIDERATION OF A VARIANCE TO REDUCE PARKING STALLS TO gOO, LYNDALE TERMINAL C0� tHOLIDAY WAREHOUSE), Z5O S�TH AVE� �TABLED)� � � � � . . . Appeals Comm. Recommendation: Minimum of 950 stalls with stipulation .. 3-3M • 0 �ITY �OUNCIL, �ANUARY 24, 1983 NEW �USINESS (CONTINUED) PAGE 3 REVIEW OF A SPECIAL USE PERMIT, SP #81-10, SUBURBAN HOMES, INC� TO ALLOW THE CONTINUATION OF A MOBILE HOME SALES LOT AT %6ZS VIRON ROAD NE� � � . � � . � � � 4 - � D CONSIDERATION OF A RESOLUTION APPROVING PHASE II PLANS FOR THE CENTER CITY PROJECT AND ASSISTING THE NRA WITH PUBLIC IMPROVEMENTS AND AUTHORIZATION TO EXECUTE AGREEMENT OF COOPERATION WITH NRA� �� 5- 5 C CONSIDERATION OF A RESOLUTION AUTHORIZING PARTICIPA- TION IN THE MINNESOTA POLICE RECRUITMENT SYSTEM� �� 6' 6 S CONSIDERATION OF A RESOLUTION ESTABLISHING MUNICIPAL AID STREETS � � . � � � � � � � � � � • � � � � • � � � , % - 7 A r 1 I • • . Cert�f �cate . of � Conf ormance in Financiai Keporting Presented to City of Fridley, Minnesota For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 1981 A Cert;ficate ot Conformance in Fnancial Reporting 1s presented by the Municipal Finance Officers Association ot the United States and Canada to govemmental unitt and public emptoyee retirement systems whose comprehensive a�nual (inancial repons (CAFR's) are judged to substantially tontorm to program standards. ww C. 4�on�.� President z�� C� Executive Di►eCtot 0 � _...- � � � . . . � ,� .. . •• . -•: - � -- .. . � . - ' 'y • - . , % �„ • , � ' �, � •' .w .. � !!'rr � • � � • a♦ " ' ��w s �1 � • L•� �' • ,t ' t • 1 • � 1 •.�S*c; •'w3,: � ,�� ±�.�7i�•. �'2�'-s ��• ��•�4?e .�': ��- ::i�� t�." � .� t� � '•� � �. ♦ 1 •� 'sJ�y 'i.,+�,� 'r1 '�.: r�.r^- : � '�. �� •� )' ' ' .�+ . • ' � . � :• t.. • � • j � � irT'• ' X� �� ` � ' i ^ .. i� ,� . t�` . � : �• •1� •. � �• y.�.l �'�• ��'� ��.. ')_i r. 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', ' ~ . 2� `� -_k 7 ' .F # v � i ��,*" �.�.8 .� a- t . �. s�c .. _ - t _ . � � . : �-:°. . . � . , .:.. . - .�.` . . �.. .. � � � �r° : - -� � . � � ,T ` �`', � �. .1F �. k< � 'r � . i± y: wz, .s, .' . z � ,: YR � � $ ' � } r . � 1� ` #R ��,+LL .. � , � � � '� �"..; � * A F,. � j . �`� `. " � s ' �� :;Y � � � , , o- . � . ,�� . � .� ' �� t � r,x .,�` . .. �� } �� '��, � <, . � �t �R _ . �`, � �t �* £� � s � >�:a � �' � !. ., , , . �� r � ; ��r` � � � � �� .. �, - _ .�� _ . r. , . � � � i��t.r :. . � , . � � , }r , r , �,� l Y } � � '� A �} 3y �'. . �_ . : . � � a q fi � �'� ` �r . �'�+` � �' � � � . . h�.. . � ' . . � . . ��a'F z . . - .. . . � # � � r � � r i : i r � � � i � M � � � i � '• The Regular Meeting of the Fridley City Council was called to order at 7:37 p. m. by Mayor Nee. � 4LEDGE OF ALLEGIANCE; Hayor Nee led the Council and audience in the Pledge of Allegiance Lo the Flag. ROLL CALL: MEMBERS PRESENT: Mayor Nee, Councilman Barnette, Councilman Schneider� Councilman Hamernik, and Councilman Fitzpatriek MEMBERS ABSENT: None •;• • „ , � � � � � �1 = � � ': MOTION by Councilman Schneider to approve the minutes as presented. Seconded by Councilman Hamernik. Upon a voice vote, all voting aye, Mayor � Nee declared the motion carried unanimously. �� ► ; � • � • • • , • • • � • �� +► •► � i ;�� Nr. Inman, City Clerk� administered the Oath of Office to Councilman Schneider, xho was re-elected to the Council in the November, 1982 election. Councilman Schneider thanked everyone in the City Whom he had a chance to meet during his campaign and extended special thanks to the persons Who worked on his campaign. Councilman Schneider stated he xas proud to serve on the Council and felt Fridley is a great City� in spite of some negative national publicity. He stated Fridley has a Council that xorks extremely Well and felt this benefitted the residents of the community. Councilman Schneider stated there are some exciting things happening in Fridley With the Center City project, the restoration of Moore Lake, and possible development in that area. � � r � • :�t :; � PAGE 2 Councilman Schneider stated everyone is ataare of the problems facing government today to give the best possible service at the lor+est possible cost and he Would try to give as much help as he can to the community. ��• �, �� ;I�:� The following items Were added to the agenda: (1� Coasideration of Seeking Assistance from Anoka County Soil and Water Conservation District Regarding Soil Analysis; (2) Consideration of a Resolution Ordering Preliminary ReporL and Speeffications for Street Improvement Project St. 1g83-1 and Consideration of a Resolution Setting a Public Hearing for this Improvement; (3) Consideration of a Resolution Ordering Preliminary Report and Specifications for the Street Improvement Project St. 1983-4 and Consideration of a Resolution Ordering a Public Hearing for this Improvement; (4) Consideration of Appointing a Member of the Council Lo Serve as Yoting Member Lo the League of Minnesota Municipalities, as well as Appointing an Alternate. MOTION by Councilman Fitzpatrick to adopt the agenda With the above a.mendments. Seconded Dy Councilman Schneider. Upon a voice vote� all voting aye, Mayor Nee dec2ared Lhe motion carried unanimously. �' � �: !r � i Representative Sharon Coleman appeared before the Council and stated she noW has an Office in the Capitol Building, Room 261� and would encourage anyone from the City and the Council to visit with her regarding any of their coneerns. She futher stated she is serving on the committees regarding energy, government operations, and judiciary and criminal justice. Mayor Nee thanked Representative Coleman for coming to the meeting and for her invitation to meet regarding their concerns. "? i, 1 PUBLTG HEARING ON FINAL PLAT P S. #82-02. SAGA SUBDIVISION. LYNDALE TERM?NAL• COMPANY. 250 5 7TH CE: MQTION by Counci2man Fitzpatrick to Waive the reading of the public hearing notice and open the publie hearing. Seconded by Councilman Barnette. Opon a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 7:k2 p. m. Mr. Flora, Public Works Director, stated the property involved in this subdivision is located on the corner of 57th and University and, if approved, Would subdivide about 1-3/4 acres from the existing pareel of land. Mr. Flora stated the purpose of his subdivision is to a11oW the construction of a restaurant Dy the SAGA Corporation. � � r � • : � L : i 1 • : Mr. Flora stated since Holiday Warehouse Was built, changes have been made in te parking requirements and they now have an excess of parking �rith 2,390 stalls. He stated� presently� the code provides for three parking spaces for every 250 square foot oP retail area xhich t�ould mean 1�080 parking spaces xould have to be provided. Nr. Flora stated, With the neW zoning code, the amount of required parking would De reduced to about 1�013 spaces. Mr. Flora stated a variance has been requested to reduce the amount of parking to 800� and after discussion by the Appeals Commission, the recommendation Was to reduce the parking requirement to 950 stalls. Councilman Fitzpatrick stated the 950 parking spaces they are discussing inelude the stalls to the South or rear of the building which Were never really used for this purpose. Mr. Jensen� representing Holiday Warehouse� stated there are about 365 parking spaces on the south side of their building and if you add the total parking, there are between 950 to 1,000 stalls. Councilman Fitzpatrick questioaed the access to the East of Holiday Warehouse� if this is replatted. Mr. Jensen stated there would be a driveWay on the northeast of the building. Mr. Jensen stated the main areas of parking that are used are on the north end of their store and some to the west. l4r. Abrams, 5659 5th Street, stated he felt they couldn't get 950 cars in the parking lot. He stated tractor trailers are parking there and block parking for people Who Want to shop at Holiday. Councilman Schneider asked Hr. Abrams if he ever saw the parking lot filled, and Mr. Abrams stated many times. Mayor Nee stated the question is if the parking is sufficient so that it wouldn�t be necessary to park on the street. Mr. Abrams stated he walks to Holiday because there is no place to park, and 950 cars aren't parked there on the xeekend and the lot is fl�ll. Councilman Fitzpatrick stated he would agree there isn't 950 parking spaces in what is considered the parking lot, since the area to the south isn't used for this purpose, but he Would agree they don�t need that many spaces. He stated the City has a long history on this business and felt it can be shown they don�t use all the available parking. Mr. Qureshi, City Manager, stated there are a number of issues related to this subdivision. Iie stated, if this is approved, additional right-of-way needs to be dedicated on 5?th and there is also the question of the parking variance and the liquor license. � � ► „ � � :�l :; � '�� Mr. Jensen stated iP the City is easement purposes, he Would request not as part of the plat. He stated are selling the property on a square Would have to be renegotiated. PAGE 11 going to require a dedication for it be done subsequent io the plat, and the reason for this request is they footage basis and the entire contract Nr. Qureshi stated he does have some concern about the change in the traffic pattern� hoWever, this could be discussed �hen the variance is considered. Councilman Fitzpatrick stated another area that should be discussed is the matter of the trailers and the proper screening. Mr. Qureshi stated the code requires these trailers to be in a designated area and screened, and it would be requested that Holiday develop a plan to satisfy this requirement. Mr. Qureshi stated the most easterly access to 57th doesn't allow turning into Holiday for traffic going West. He stated What Was proposed was to move this access to the west, however, he felt this may create a traffic problem and perhaps a compromise can be Worked out. He also felt it may be necessary to remove a rox of parking and shift the proposed restaurant 10 feet Lo Lhe aouth to allow for snoW storage, a bikeWay-Walkxay, and berming and landscaping plus elimination of the northerly rox of parking in the Holiday lot to provide for additional landscaping and sereening. Mr. Jensen stated this access is a very big item With Holiday and if a change is made in the driveway access to their property� it may change this entire proposal as their entire development is based on it. He stated this driveway is vita2 and, though he didn't feel it Would be heavily used, xould provide direct access to the south part of their property. Mayor Nee suggested before the final plat is considered, this item should be resolved. No other persons in the audience spoke regarding this proposed subdivision. MOTION by Councilman Fitzpatrick to close the publie hearing. Seconded by Councilman Schneider. Upon a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing closed at 8:30 p. m. : ► � . • ' �i + � •; '►� ; •� : ; � •�'�� MOTION by Councilman Fitzpatrick to Waive the reading of the publ.ic hearing notice and open the public hearing. Seconded by Councilman Hamernik. IIpon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the public hearing opened at 8:30 p. m. � . Y \ • i 1L ; � � 7.�� Mr. Inman, City Clerk� stated this is a request Dy SAGA Corporation, dba: Stuart Anderson's Cattle Restaurant for an on-sale liquor license, as Well as an entertainment license. Mr. Inman stated, in conjunction �ith this restaurant, they will have a bar and lounge and entertainment provided in the form of record music. Mr. Inman stated the Police Department has completed their investigation and found no criminal records on any of the officers of the corporation. He further stated the reason this hearing Was scheduled at this time was because the representative of the corporation taere in town from California. Mr. Ruiper, representing SAGA Corporation, appeared before the Council and presented slides and photos of the site and the proposed restaurant. Mr. Kuiper stated their restaurant provides a full luncheon and diner menu and presented samples of the available choices. He further stated they Would employ 60 to 65 persons generating about �170�000 a year in inereased income. He stated their food sales are about 70x and liquor sales account for about 305, and dinners constitute 80� of their business. Mr. Kuiper stated about 18.2x of their building is dedicated to the lounge and bar area Which includes the storage and dance area. Mr. Abrams, 5659 5th Street� stated he is opposed to any on-sale liquor being sold at this location. He felt it was too close to the f reeW ay and would be terrible for public safety. Mr. Abrams felt he xouldn't object if this vas only a restaurant, but objected to liquor being served. Councilman Sehneider pointed out there are many restaurants in the TWin City area Where liquor is also served. No other persons in the audience spoke regarding this liquor license. MOTION by Councilman Hamernik to close the public hearing. Seconded by Couneflman Barnette. Upon a voice vote, all voting aye, Mayor Kee declared the motion carried unanimously and the public hearing closed at 8:45 p. m. Mayor Nee stated the Council does not take action on the request the same evening as the hearing, hoWever, since Mr. Ruiper xas here from out of to�n� he r�ould poll the Council on their feelings for issuance of this license. All members of the Conncil felt they had no objection to the liquor license, ho�rever, there Was some concern that the problems With the plat should be resolved. _ �: � �1 3 �A � t r � � : �� : i � NEW BUSINESS: i � : � � � �i�r � � r � • 1 �IM : i � •� PAGE 6 •. � , � � : � ►�: � ,. •.� •:,► � , , , Mr. Qureshi, City Hanager, stated the access question oa to 57th is a considerable problem With this plat arid should be addressed. Mr. Jensen stated if a situation develops at a future date, t+here there is an actual problem, they Would be the first ones to try and alleviate it. He stated they have worked With the City over the past years and felt they had a good record. Councilman Schneider pointed out they don't have that access noW and questioned if there Were plans the Council wasn�t aware of. Mr. Jensen stated it is their hope they r+ill be aDle to util ize the south side of their property and, in order to do so� they need the easterly access because the only other access is on the West where they have their truck loading zone. Mayor Nee stated the plat hinges on the question of resolving this matter plus dedication of the easement. He stated, as far as the variance for the parking, consideration would have to be given to bringing the trailer storage area into compliance With the code. Mr. Jensen stated he Was unaware there xas a problem With the trailer storage, and they Would bring themselves into compliance With the code. Councilman Fitzpatrick stated if Holiday is thinking about some future development in the area to the south of their building, 365 of the 950 parking spaces they Were discussing are in the south area. He stated the amount of parking they actually need is probably available, but didn't like the double talk of 950 spaces When realistically there are 365 less. Mr. Jensen stated the 950 figure Was arrived at as a compromise and should they do anything on the south side of their property, they Would have to come in and obtain approval and the City could look at it at that time. MOTION by Councilman Fitzpatrick to table this item until the next meeting. Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee deelared the motion carried unanimously. ,1 � ;�� .Y� •► �l • � � � '� '; �� ; � � '; � :�� •, ►�• ,_Y �� .�/ ,� �' ',- �� . � � This item xill be considered at the next Counci2 meeting in conjunetion With the subdivision plat. � .� � � r � � : � l : � � _ � pAGE 7 �r i �.r �.Y! � � r �l � I� � : ; • : 1 � f i i � : i 1 � � + ; � ; i � � ; � i ' ► � � � :Y � i � ► f i • 11 r rl. . • � �j1�1 � �� Since there xas no representative present from Lampert, the folloxing sction was taken: MOTION by Councilman Schneider to table this item until the end of the meeting. Seconded by Councilman Hamernik. Upon a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously. � � ► �� .�t! �� ► � ,t � :_; : •: MOTION by Councilman Schneider to Television Commission of November Hamernik. ppon a voice vote, all motion carried unanimously. receive the minutes of the Cable 18, 1982. Seconded by Councilman voting aye, Mayor Nee declared the �� , �� ..� � 4,� ► � � � � � [�1�'Z�3�iiT� �� MOTION by Councilman Hamernik to nominate Councilman Barnette for !layor Pro Tem for 1983. Seconded by Councilman Schneider. MOTION by Councilman Hamernik to cast an unanimous ballot for appointment of Councilman Barnette as Mayor Pro Tem for 1983• Seconded by Councilman Schneider. Upon a voice vote� all voting aye, Mayor Nee declared the motion carried unanimously. I:1+T�J;��7� ► �1 � � � � • � MOTION by Councilman Barnette to nominate Councilman Schneider to serve as Representative to the Anoka County LaW Enforcement Council for 1983. Seconded by Councilman Fitzpatrick. MOTION by Councilman Fitzpatrick to cast an unanimous ballot for Councilman Schneider to serve as Representative to the Anoka County La�r Enforcement Council for 1983. Seconded hy Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. MOTION by Councilman Schneider to nominate Councilman Hamernik to serve as an Alternate to the Anoka County LaW Enforcement Council for 1983• Seconded by Councilman Barnette. MOTION by Councilman Fitzpatrick to cast an unanimous ballot for Councilman Hamernik to serve as an Alternate to the Anoka County La�+ Enforcement Couneil for 1983. Seconded by Councilman Schneider. Opon a voiee vote� all voting aye, Maqor Nee declared the motion carried unanimously. � � ti � • :�1�:; � •� i: i�.� i: •�� 0 MOTION by Councilman Fitzpatrick to appoint Councilman Hamernik to serve as Representative to the Suburban Rate Authority and Counailman BarneLte to serve as an Alternate for 1983• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. ��t . �=•� �l, � ; =�:�► MOTION by Councilman Fitzpatrick to appoint Councilman Barne tte to serve as representative to the North Suburban Sewer Service Board and Couneilman Sehneider to serve as an Alternate for 1963• Seconded by Councilman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. •. �� ;••• �. � � MOTION by Councilman Barnette to appoint Councilman Fitzpatrick to serve as Representative to the Association of Metropolitan Municipalities and Councilman Hamernik to serve as an Alternate for 1983• Seconded by Councilman Schneider. Upon a voice vote� all voting aye� Mayor Nee declared the motion carried unanimously. .�� ; 4�r ► .�� ;� �; • � MOTION by Couneilman Schneider to appoint Councilman Barnette to serve as representative to School District #14 for 1983• Seconded by Councilman Hamernik. Upon a voice voLe* all voting aye, Mlayor Nee declared the motion carried unanimously. � � � 1 ; i ' i � ' � MOTION by Couneilman Barnette to appoint Councilman Fitzpatrick to serve as representative to School Distriet #13 for 1983. Seconded by Councilman Schneider. IIpon a voice vote, all voting aye� Mayor Nee declared the motion carried unanimously. ,�� i • ; 'i ► � MOTION by Couneilman Barnette to appoint Councilman Hamernik to serve as representative to School District #16 for 1983. Seconded by Gouncilman Fitzpatrick. Opon a voice vote, all voting aye� Hayor Nee deelared the motion carried unanimously. i.FAr11E QF MiNNESOTA MUNICIPALITIES; MOTION by Couneilman Hamernik to appoint Counci2man Fitzpatrick to serve as the Representative to the League of Y,innesota Municipalities. Seconded by Couneilman Schneider. IIpon a voice vote, all voting aye, Nayor Nee declared the motion carried unanimously. MOTION by Councilman Fitzpatrick to appoint Councilman Schneider to serve as an Alternate to the League of Minnesota Municipalities. Seconded by � � r � � . � . i � Councilman Barnette. IIpoa a voice vote� all voting aye, Nayor nee declared the moLion carried unanimoual�. ; � � � 1f�r �� r� i r� i r i ' i NOTIOH by Councilman Fitzpatrick to insruct the administratioa to contaeL the persons whose terms expire to determine if they are interested in reappointment. Seconded by Councilman Hamernik. Opon a voice vote, all voting aye� Mayor Nee declared the motion carried unanimousl�. � � �� • � �: � i �i :�� i�: � i �i � i % : � i : � � i r HOTIOH by Councilman Schneider to adopt Resolution No. 1-1983, designating Councilman Hamernik as Director and Councilman Barnette as Alternate Director to the Suburban Rate Authority. Seconded by Councilman Hamernik. Opon a voice vote, all voting aye, Hayor Nee declared the motion carried unanimously. l� • •� �• '' � �� =--� � •� �: �: � 1 � - -- - -- MOTION by Councilman Fitzpatrick to adopt Resolution No. 2-t983. Seconded by Councilman Schneider. Opon s voice vote, all voting aye� Hayor Nee dec2ared the moLion carried unanimou�ly. • •� �• •: � ► � � • ��1. � •� . � Councilman Schneider asked about the possibility of printing the legal notices in the Sun, as well as Lhe Community Section of the Tribune. He felt this should be checked into further to determine the costa. MOTION by Councilman Hamernik to adopt Resolution Ho. 3-1983. Seconded by Councilman Barnette. Opon a voica vote, all voting aye, Nayor Nee deelared the motion carried unanimou�l�. NOTION Dy Councilman Schneider to direct staff to prepare a report on paat and pro�ected costa of legal notices in the Sun and projected eosta if they were printed in tn Community Section of the Tribune. Seconded by Councilman Fitzpatrick. IIpon a voice vote� al� voting aye, Mayor Nee declared the motion carried unanimously. � � � �� '� � �' � :� � i � � ► � MOTION by Councilman Schneider to adopt Resolution No. 4-1983. Seconded by Councilman Barnette. IIpon a voice vote, all voting aye� Hayor Nee declared the motion carried unanimou�l�. f • 1 � � � • � i � � � �� i � � i i 71 � i i � � �� • • � i . �� i •� lir. Qureshi� City Hanager. �tated this is an agree�ent xorked out betweea the 49er's and metropolitan area City Hanagers. He stated the proposed � � ■ � . f � i � � agreement calla for increases betWeen 5.2 aad 5.4x and adjuatmenta o0 health Denefits. MOTION by Councilman Hamernik to adopt Resolution No. 5-tg83. Seconded Dy Councilman Schneider. IIpon a voice vote� all voting aye� Mayor Nee declared the motion carried unanimousl�. _ Mayor Nee atated be was quite impressed xith the performance of the puDlio work� personnel in the recent anow ator,. � Councilman Barnette felt it was a real attriDute to the ataff on tbeir performance and Fridley was plo�ed out faster than many neighboring communitiea. Councilman Hamernik atated he had heard the statement that people could get out of Fridley, Dut couldn't get anywhere elae. Nr. Qureshi stated that the Council'a appreciation and thanks xould be passed on to the personnel in the Publie Works Department. Counci2man Barnette alsa requested a plowir�g ecbedule for the City. ' � � i' �► � i � �� i � ► r �� : i. � � �► 'i � i i r • K. � r i :�� :r � .� Councilman Schneider stated he didn't see how tAey could poat both aide� of this residential atreet for "no parking" a� people sometime need to park on the street. Mayor Nee questioned how this atreet vas assessed and Nr. Qureshi atated staff would check into it further and give a report to the Council. NOTION by Councilman Schneider to taDle this item until staff brings Daek further information. Seconded by Councilman Fitzpatrick. Opoa a voice vote� all voting aye, Hayor Nee declared the motion carried unanimously. �� RESOLUTION N0. 5-198� AUTHORI2ING SDBMISSION OF THE GRANT APPLICATION AND �XECUTION OF THE GRAN AGREDylENT - FRIDLEY D.W.I. PROJECT: MOTION Dy Councilman Schneider to adopt Resolution No. 6-1983. Seconded , by Councilman Aamernik. IIpon a voice vote� all voting aye, Hayor Nee ,' declared the motion carried unanimously. Councilman Schneider stated he has revieWed some of the statistics and ia really impressed with the efforts made and the successful prosecution rate. Ae felt the Police Department should be coQmended for an excellent job. . � � ■ � � : �� , i / � � � • 1 � � i � � � ft�� y , i � � � i � � i � ��:�� • � � i � �. 1 � � � 1 � � � i . MOTION by Councilman Schneider to reject all the bids received for the Community Park Sports Lighting Project. Seconded by Councilmaa Barnette. Opon a voice vote, all voting aye� Nayor Nee declared the motion carried unanimously. Mr. Flora� Public works Director, stated some changes have been made which they feel can save a substantial amount of money by redesigning the lighting layout� using higher poles� and having the concession building constructed to the point where the srritching gear can be installed in it rather than in a separate atructure. Mr. Flora stated the nex plans and speciPications are ready, therefore, it is requested Lhe Council authorize the advertising for new bida. MOTION by Councilman Barnette to suthorize the advertisement for new bids for the Community Park Sports Lighting Project. Seconded by.Councilman Schneider. Upon a voice vote all voting sye� Mayor Nee declared the motion carried unanimoualy. i � � .1�� . i� � �� i: �i i + � �� : f�� i ► � : \ � � . i � � � � i : � i i + � � � MOTION by Councilman Schneider to receive the bids for repair of Well No. 2 and Well No. 7. Vendor Layne M�T 3147 California St. Mpl s . , !!N Bid Bond United Pacitic Reys Well Balboa Drilling Iaa. 413 N. Lexington Pkwq. St. Paul, !�W EH Renner State 6300 Industrq Ave. Surety Anoka, NN Bergerson- No CasWell, Inc. Boad 5115 Industrial St. Naple Plain� MN Total = Yell �2 a� , 552. o0 ;22,786.00 �22�837.00 �23,663.00 Starting Immediate 1 Week 1 / 10/83 14 days Completion 2/28/83 3 xeek depending 3/ 15/83 6 xeeks �QHCLt HEE2ING OF JANLtARZ 10. 195� .. lotal s 1�ndor B14 Bond Mell #7 Layne t4l 31�7 California St. !lpla. , !Qi 1Ceya Me22 Drilling •t 3 g. Lexington Pkrr�. St. Paul � l�D�1 EH Renner 6300 Industry Ave. Anoka, M�l Onited Paeifio Balbos Ina. State Surety Bergeraoa- l�o Caswell, Iao. Boad 5115 Industrial St. Haple Platn, !�1 ' =10.�95.00 = 9,660.00 i 9�890.00 i 9,765.00 Startiag Immediate 5 days 1 / 10/83 1 � daya pAGE 12 Completion 2/15/83 30 daya 3/ 15/ 83 6 weeka Seconded by Councilman Hamernik. IIpon e voice vote� all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Flora, Public ilorks Director, atated four Did� xere received tor repair of Wells No. 2 and 7, and 1Ceys Well Drilling Company xas the low bidder on both proposala. He atated ataff Would recommend aWarding the bid to Reys Well Drilling. MOTION by Councilman Schaeider to axard the contract for the repair of Well No. 2 to the lox Didder� 1Ceys Well Drilling Company, in the amount of �22�786.00. Seconded by Councilman Barnette. Opona voice vote, all voting aye� Mayor Nee declared the motion carried unanimously. NOTION by Councilman Schneider to award the contract tor Lhe repair ot Nell No. 7 to the loW bidder, 1Ceys Well Drilling Company� in the amount of �9�660.00. Seconded Dy Councilman Namernik. Opon a voice vote� all voting aqe, Hayor Nee declared the motion carried unanimously. �;�� CON ID RATTON OF SEERINC ASSTSTANCE FROM ANORA COUNTY SOIL AND WATER r�t�cFRVATION DI�TRTCT REGARDING SOIL ANALYSTS: MOTION Dy Councilman Schneider to suthorize the administration to request this study. Seconded Dy Councilman Fitzpatrick. Upoa a voice vote� all voting aye� Hayor Nee declared the motion carried unanimously. 1��? RFSOLOTION NO T 19$� ORDERING PRELIMINARY PLANS SPECIFICATIONS A� �,$TIMATES OF THE COSTS THEREOF: STREET_IMPA9YEMEHT PROJECT ST. 19$�-t: �� NOTION by Councilman Schneider to adopt Resolution No. 7-1983. Seconded bq Councilman Barnette. � MOTION by Councilman Fitzpatrick to amend the motion to delete Capitol Street. Seconded Dy Councilman Barnette. IIpoa a voice vote, all voting aye, Hayor Nee declared the motion carried unanimously. � � � r � � . �� . i � fAGE 1� OFON A VOICE VOTE TAKEN ON THE MAIN HOTIOH� all voted aye, and Nayor Hee declared tbe motion carried unanimoual�. � • 1 •� � � ': i � � � i �' i i ��i : ►�� : i � �� e r ; i � �� i �� i � �r � i � �r � i M'i� �r � ' i� MOTION Dy Couacilman Schneider to adopt Reaolution Ho.B-1g83, aetting the public heariag for February q, 1g83. Seconded Dy Couacilman Hamernik. Opon a voice vote, all voting sye, Mayor Hee declared the motion carried unanimoual�. , • 1 • � � � � � � i � � i � ' i : � � � . � � 11' � r � �. i � ► M � �• 71� � ' i• MOTION by Councilmaa Schneider to adopt Resolution No. 9-1g83. Seconded Dy Councilman Hamernik. Dpoa a voice vote� all voting aye, Hayor Nee declared the motion carried unaaimousl�. � � �� i � r �i r �:i i ��i :�� r 'i � �� r y' i � �� i �� i � �i� � i r �i� �r � "i� HOTION Dy Councilman Schneider to adopt Aesolution No.10-1g83, setting the public hearing for February 7� 1g83. Seconded by Councilman Fitzpatrick. IIpon a voice vote� all voting aye, Mayor Nee declared the motioa carried unanimousl�. 1 �'� ��r,�sarFS: MOTION by Councilman Barnette to approve the estimates as submitted. Herrick � NeWman, P.A. 6279 Dniversity Avenue, p.8. Fridley� HN 55432 For legal aervices rendered as City Attorney for the month of December, 1982 11ria City Striping 4�16 Aighland RoBd Hinnetonka� HN 553�3 FINAL Estimate - 1982 Street Striping Park Conatruction Company ?900 Beech Street N.B. Fridley, t9� 55432 Partial Estimate i2 SeWer 6 ilater Prosect I137 i 1�937.95 i 520.00 =25�621.02 � t ■ � � . �� i � Seconded by Counciman Fitzpatrick. IIpoa a voice vote, ell voting aye, Mayor Nee declared the motion carried unanimously. 15 .��• . 16 1 �.l ti0TI0N by Councilman Barnette to authorize payment of Claims No. 350621 tbrough 006V05. Seconded by Councilman Schaeider. Opon a voice vote� all voting aye, Hayor Nee declared tDe motion carried unanimousl�. ��: HOTION by Councilman Fitzpatrick to approve the licenses as submitted and aa on file in the License Clerk'a Office. Seconded Dy Couneilman Schneider. IIpoa a voice vote, all voting aye� Nayor Nee declared the motion carried unanimou�l�. � �lr i�r �� r � • • •: � •: ' i : � � i � :i �• � � .�� i � � � i ��1 � �{. : � � MOTION by Councilman Schneider to remove thia item from the table. Seconded by Councilman Fitzpatriek. IIpon a voice vote, all voting sye, Hayor Nee declared the motion carried unanimously. MOTION Dy Councilman Schnelder to eoncur �+ith the recommendation of the Appeals and Planning Commission to deny this variance request. Seconded by Councilman Fitzpatrick. Councilman Barnette atated he didn't kno�r the reason someone waan�t present from Lampert, Dut Lhey were pretty adamant about having this aign for their Dusineaa. ite questioned if ataff Was sure they kaex tbis was on the agenda. Mr. Flora atated the item had been tabled until tbia date at the petitioner'a requeat. Councilmaa Schneider felt if the City has the ordinance, it should be enforced. Councilman Barnettie stated he �ould agree, but if you look at other placea of Dusinesa, such as Menard's, they have a much larger aign. He stated he could see �rhere these businesses have a legitimate complainL. Councilman Aamernik stated they have allowed an additional aign for Nortbwest FaDrica xbere it ia aet Dack from tbe street. He stated Lampert�a is set considerably Dack from the highxay and they do have a small lot. Mayor Nee stated the point is that signs are being put up Without a variance and thea it is requested after the sign is installed. He felt it 1 �.2., rn��CTr. NcgTTpr �g JANOARY 10 198� � there ia a real need for these signs, he Would rather change the code �han be approving the variancea. He stated he Would like to knoW xho the conLractor xas who installed tbe aign. Mayor Nee felt the sign for NorthWest Fabric Was substantially different because they are baek from the highxay and have the Embers DetWeen Lhem and the highWay. Counei2man Fitzpatrick felt if the Council wanted to take another 2ook at the ordinance it was fine, but there Was strong approval for it when it xas adopted. Councilman Barnette felt the sign companies should check to see What ia required before installing the signs and getting businesses in trouble. UPON A ROLL CALL qOTE ON THE MOTION, Nayor Nee, Councilman Fitzpatrick� and Councilman Schneider voted in Pavor of the motion. Couneilman Barnette and Councilman Hamernik voted against the motion. Mayor Nee declared the motion carried by a 3 to 2 vote. � '�Y 1 1 \��M • � Councilman Hamernik stated he had a aumber of questiona on the g11 emergency number and hoW it should be used. He stated there was a situation Where someone wanted to report an annoyance, but didn't feel they should tie up the 911 number With thia complaint. Councilman Schneider stated his understanding, from the presentation of the g11 committee, Was that 911 is to be used When life or property is in danger and you Want an emergency response. Councilman Hamernik atated he is not sure how the Police Department looka at the situation as they may want all reports on the recorder. Mr. Quresbi, Citq Manager, stated stafP would check on this matter and give a report to Lhe Council. ADJOURNMENT: MOTION bq Councilman Schneider to adjourn the Councilman Barnette. Opon a voice vote, all declared the motion carried unanimously and the Fridley City Council of January 10� 1983 ad�ourned Respectfully submitted� Carole Haddad Secretary to the City Council Approved; meeting. Seconded by voting aye, Mayor Nee Regular Meeting of the at 9:55 P. m. William J. Nee Mayor n+� c�T� os FAIDL Y DATE � Janua DIAECTORATE OF puB�ic woRKs fROM O.P.W. John G. Flora SUB�ECT Zoning Code Changes 1 MEMORANDUM TO ACTION �asim Qureshi, City Manager We're finalizing the zoning code for the 2nd reading of the City Council. The following summary lists those changes included in the final submission. 1. 2. 3. 4. 5. 6. 1. 8. 9. 10. 11. 12. 13. 14. 15. 15. Certificate af Compliance requirement for all legal non-conforming and canforming uses. Limiting accessory buildings in R zones to 1400 square feet. Single story dwellings in R-1 shall have a basement. Lots of 9,000 square feet or larger require a two car garage and lots between 8,999 and 7,500 square feet shall have a one car garage in R-1 zones. No parking in the front yard has been changed to: The required parking stall shall not be located in any portion of the required front yard, exce t on a drivewa of hardsurface arkin s ace a roved b the Cit and setback a minimum of three 3 feet from the side property line exce t as a reed to b ad'acent ro ert owners. ��No p antings shall be placed in the boulevar has been deleted. Helicopter landing pad for hospitals" has been deleted form R zones. The following item has been included in the design standards in all Zones except R1, R2, and R4. Sufficient concrete area shall be pro- vided for motorc cle arkin in addition to the re uired vehicle �arkin� sta l. In th-e R3 district the following design standard has been added: Bike racks may be required in an area that is convenient to each major build in entrance and will not disru t edestrian or veh�cular traff�c or f�re anes. Performance s�andards apply to all zoning districts and require com- pliance regardless of use status. Consolidation of C-1S and C-1 into one district - C1. Redesignating C-2S to C3. Expansion of Junk Yard Special Use Permit criteria in an M-1 zone. Provision for offices in the industrial zones. Exclusion of hazardous waste processing facilities in the industrial Zones. Elimination of CR2 zone. This existing area will be absorbed in the C2 and M1 districts. lA Zoning Code Changes (continued) 17. The parking criteria in the C zones has been standardized to 1 parking stall for each 150 square feet of building for all uses, except for restaurants, theaters, entertainment and assembly buildings shall require 1 parking space for each 100 square feet. 18. The parking criteria in the M zones has been standardized to 1 parking stall for each 200 square feet for offices, i for 400 in manufacturing, 1 for 2000 in warehouses and 1 for 450 for speculation type buildings. (This change is necessary to ensure sufficient parking space is provided for speculation and lease change purposes.) 19. The following item has been added to the Performance Standards in all districts. E. The cleaning of the walkwa� or sidewslk shall be the abutting ro ert owners res onsibilit . An ice or snow accumulations of two 2 or more inches shall be removed within twenty-four (24) hours of the storm comoletion. These items will be included and submitted to the City Council for 2nd reading at their January 24, 1983 meeting. JGF/mc cc: Kent Hill Jerry Boardman Darrel Clark L ORDIHt�CS 10. AN ORDINANCE AMENDING SECTIONS OF THE CITY CHARTER OF THE CITY OF FRIDLEY (CITZ CODB SBG7I0� F lQSC.) T� COQ�CII. OP THE CI?Z QF FRIDI.HT DOBS 08D1I� L3 FOLLONS: ?bat tDe follo�ing aection� of tbe Fridle� Cit� Charter are a�eaded aa follaro: Section 2.03 ��'� ��IC�S. The eouncil ahall be composed of a mayor and four councilmen r�ho shall be qualified votera. The mayor shall be elected at large for a term of three years, (except the first mayor to be elected in 1g57 shall be for a term of two years). One Councilman shall be elected at large for a term of three years except that of the first auch counciman at large under thia eharter� (shall be the Sncumbent elected last year� 1956� with two years remaining of Lerm and be shall De considered to aerve trro years as councilman at large to 1959)• Three councilmen shall be elected for terms ot three years each from three separate Warda of the city, as de�ignated below, except that the first eouncilman for Ward No. 2 under this Charter, ahall be the councilman having one year of term yet to �erve, and ahall De considered councilman for hia Ward 2 for a one qear term to expire in 1958. The cauncilman from Ward� 1 and 3 shall be elected Lhis year, 1g57, each Por terms of three year�. Opon adoption of this Charter the city is divided into three separate Narda as follaws: (a) Ward No. 1 ahall be the area comprising all of election district No. 1. Refer to Page 4-5 of "Yoting Procedures" adopted by Village Council. (D) Ward No. 2 shall De the area comprising all of election district No. 2. (c) Ward No. 3 shall be the area comprising all of election district xo. 3. The councilman from a Ward must be a resident of such ward and his ceasing to be a resident thereof shall cause a vacancy in the oftice of councilman from such Ward; provided that a change in �rard Doundariea during his term of office shall not disqualiiy him from serving out his term. The te� of mayor and of each couneilman shall begin on the firat offieial Dusiness day Sa the montb of Jaauary next following hia electioa and ahall end When his successor bas Deen duly elected and has qualified. Tbe firat order of business at tha first official council meeting in January ahall be the sxearing in of the neWly elected members of the council. The council shall be judge ot the election and its membera. Ordinance No. page 2 Tbe Doundariea of the three Wards shall be redetermined from time to time Dy ordir�ances duly adopted Dy the Council, and based on the findings of the Council that the wards �d so redetermined are •�+��± *-hgt the copulation of anv ��rd �hall not deviate by more than one oercent (1S) from the averaae �f the ihree r►ards. bt/d�!/�lE1tr'/��dl/�St�E/�ri/�SbZii/�6�dX�tzibri/t�rl�/!L"d1[� tai�pta�xse��xet After each decennial census of the Dnited States, tbe council ahall redetermine Ward boundaries. Thi4 redetermination �hall be accomnli�hed no l�ss than one hundred (100) d�ys prior to the leaally determined date of ths m,�.,t� ,�al primary of the year ending in the diait two. and if the eouncil shall fail to do so �i�xNirS/�t/�E�'idd/bf/Z�Ib/�E��"iS/�ttxEt/xK�/dit�lt�Y t�E�xiti�dzid�l/dt/zN�/dElEf:�li�Z/lE�dd��/�!�/tdtxN�r�/�"lfld�E�dZid�!/�NdXI/ �/�d��/�b/iHE/��dt'/6�/E6��lIdE�1 Lheir remuneration shall b� forfeited until the wards of the city are duly redetermined as required by thia charter. Section 2.05 Y�CA�C�.S D!'� COO�CIL. A vacancy in the council shall be deemed to exist in caae ot tbe tailure of any person elected thereto to qualify on or before the date of the �econd regular meeting of the new council. or Dy reason of the death, resignation� removal from office� removal from the city, removal of a xard councilman from his rrard, continuous ab�enee from the city for more than three months� or conviction of a felony� of any such person xhether Defore or after his qualification, or by rea�on of the failure of any councilman rrithout good cau�e to perform any of the duties of membership in the council for a period of three months. In each auch case, the council shall by resolution declare �uch vacancy to exiat and shall forthrrith call a�pecial election to be held not less than 45 day� nor more than 60 days from the time such vacancy is declared. /TH�/�fi�i�lEt/dt/aiiQ �Z�,�Yi6�i/�HdYI/�SE/ajddYtttEd/ddd/�dlt�/Qttt�E/i�`.Edidxll�►/dpd�i////// ,�Er'Ziti��iEt�/?Sj/tN!/156�(tE/Qt/�d�i�is��6/d.�id/�1SSYI/till/xK�/d�SE�t�tf�d/Zlti6. Zn the case of a snecial eleetion to fill the vacancy, thp*e �hall Ae no pf,;�^ry election. The candidate receivin� the larg;a* nLmber ef votes �hall � deelared he rri ner The vinner of said eleetions shall be oualitied and ,�,;�ke offiee i�ediste�v u�on certifieation bv the bo�rd of eanvass and_ shall f±ll the unexcired term. If at any time the membershin of the Couneil ia r�dLCed to less than four (4) member�, the remaining membsr�_mav. bv �nanimo�s actip�,�r"ppoint additional members to raiss the me�bershin � o foLr l4) The order of fillin� vacaneies �y a�D�intment shall be a� follows: �- - �� ,� - . . - -� -�: � �- ...• � -� .- . .- - � �- �. - -��_ � �: -�„ , � - _ f - . � - _ �� - - � : � r - . � �= � . • - - • . ! f c f • . _ • • • � u - • 2A 23 Ordinance No. page 3 Section 6.01 ?SB CIT? MA�AC88. The City Nanager shall De the chief administrative officer of tFie city. Ae shall be chosen by the Council solely oa the basia of hia training, ezperience and admiai�trative qualificationa. Tbe choice ahall not be limited to inhabitants ot the city or atate Dut 6e ahall De a citizen of the IInited States. The city manager aball be appoiated tor an indefinite period and he shall De removable by the couneil at anv tggularlv scheduled meeting nrovided that at least four member� of the eouneil vote for the removal. �OtYI/�td�l�d�Q/Nd�fl�l�'�/xlidl/�t/tldb�ltA/� Stit/xif.�/dt��E�"/6flE/j�d�'/bt/�E�'��k��/i'!�/�d�j/�izYSiti/f�tt EE�S1dd�l�/tltZlt/14i� rE�6�iltX/aE�dAE/�fr�i��i/��`��/d�id/d/�dl�Ii�tKldtt�/b�if �ii�/�dl.dll�t�t�/LNk /�b�6tS�iZ�t/l�dzl�Eddili�/��/4d�i�i�/�l�K/?l�dtt�i�/t!i!/�d�A�tl/1l�tj/�!�l��11a Kt�6/t�'bd/attiEt�/�izH/bt/�fitNd�x/�stil//l5��}i/�tl�Z�!/N�ttttd�/�AN�ZI/tdlt!// �Yd,�E/�6�xNtti/�iii�'zt/d��l�/sttxlt/tN�/Q,E��lE/tb�'/�[lit/�Se��/t�.�fd /tlik/�f�iZL��!/ �'xd�''�!�/�SKtlZl/1S!/t��it�1Sld/K��d/1Sj/LiS�/�dd�S�1I/t1�/Zld�Z/tEr1/A��Id/ISEt�btd/ ZH�/xt�'tll�l/D�t�li�/xN�/��,��'i�tb�/d�i�E1i�E/dt/Ei��iliz�/dt/ZK,�/,�ili/ ��5d�t/dt/i�l/xHk/�S�E/bt/��i�t/i�'S/�lS�/bttllE/bt/�li�►/�it�/��Ualti// tNt/Qdzi��b/bt/x��/bttiLE/�HdII/��/�Ett�t��d/�S�/�b�!/pr'd�l�'Zy/addZtZtt�d// �Et�b�/EE�t�1i�lz�e!/�S�/�HkI�6dli,�iZ/d�/�,�xt�'i�/dd�ld�Etl/ Section 6.02 POiiHRS N�D DD?ISS OF � CITT MAAeG�. SuD�ect to the provi�ions of this charter and any regulations consistent therexith vhich may be adopted by the council� the city manager shall control and direct the adminiatration of the city's aftairs. His powers and duties shall De; (a) To enforce Lhis charter and the larr�� ordinances and resolutions of the eity; (b) To appoint, suspend and remove,a�y subordinate ofticer or �mDlovee pxee��, as otherWise provided in this charter. tiixN/ZN!/ldYl�!ltlx/d11d ��¢�a�aziari;�x�i�a�r��sx�ar�i�iz�iart�,�E�eier�ei��za�r�eai��E�zi,�it� xx�ei�n,�z�r�iazK,�r�;c,��i�t��ta�a,� c) To exercise control over all department� and divisiona ot the city administration created by this charter or which may hereafter created Dy the council. (d) To attend all meetings of the council� with the right to take part in the discussions but having ao vote; but the council may at its discretion exclude him from meetings at xhich Dis removal is considered; (e) To recommend to the council for adoption of such measures as he may deem necessarq tor the welfare of the people and the efficient administration of Lhe city'� affairs; (f) To keep the council fully advised aa to the financial eondition aad aeeds of the City, and to prepare and submit to the council the annual budget. (g) To perform such other duties as may De prescribed by thia cbarter or required by him by ordinances and resolutions adopted by the council. 2C Ordinance No. page # Section 6.04 SDBOEDIIA?B OFFICBRS. There ahall De a city clerk� city treasurer� city attorney and such other officers suDordinate to the city manager as the council may provide for bq ordinancejs,�, �/��Zj/t�x�t�y/ �t/x��SI/fitti�Et�(d�/�Ne�TI/�S+E appointed by tbe city manager with approval of the council. 1'he city clerk ahall be subject to the direction of Lbe city manager and shall have �uch duties in coanection rrith keeping of tDe publia record�, tbe custody� and disDursement of the public tunds� aad the general administration of the city's affairs as ahall be ordained Dy the council. He may be dedsignated to act aa secretary to the council. The council may by ordinance aDolish officets which have been created Dy ordinance and it may combine the dutie� of various ofPice� as it maq see fit. Section 8.0� LOCAL I1�RO��T RBGIIL�TIOaS. After this charter takes effect, all local improvements shall continue for the time being to be made under the laws and ordinances applicable tbereto. The City Council may prepare and adopt a comprehensive ordinance� prescribing the procedure xhich �hall determine all matters pertaining to the making of local improvementa thereafter� and such ordinance shall aupplant all other proviaions of law on the same subJect and may be amended only by sn affirmative vote of at least �� tdd�'FtitzN�6/fdZE/bt/�K� members of the council. Such ordinance ahall provide for such notice and hearing in the ordering of improvement� and th e making of assessments therefore a� �hall be necessary to meet conatitutional requirment�. Such ordinance shall sl�o require a petition of a ma�ority in aumDer and interest of the oWnera of property to be a�se��ed f or auch improvement� or improvements� for the initiation thereof; provided that the CityCouncil may proceed upon its own initiative hereunder and under auch ordinance Dy resolution adopted Dy d1i�t�iddd� five (5) �ffirmative votes of the City Council af ter proper notice and hearing. Sectioa 8.05 PUBLIC Ii08LS; HOii P�tF08MI8D. Public Work ineludiag all local improvementa, may be constructed� eztended� repaired or maintained either by contract or� if the estimated cost is le�s than one thouaand dollara� directly by day labor. Before receiviag Dida the City Manager shall, under tbe direction of the City Council� have suitable plans and specificationa prepared for the proposed material or project and the estimate of the coat thereof in detail. Tbe axard of any contract amounting to more than ten thousand dollars shall require an sffirmative vote of at least four member� �cHeira�xn�rtrxx�i�az� of the City Council. ithen the Dest interests ot the city will De served thereDy� tbe City Council may organize a construction department under competent supervision and provided xith suitable equipment. The right is reserved to the City Council� upon the recommendation of an engineer� acting through the construction depart�ent to bid on a�y t+ork to be let Dy contract. All contracts �hall De let to the loxest re�ponsible bidder, but the term "lorrest responsible bidder* shall be interpreted aa giving the City Council the right to accept anq bid xhich is determined to be most advantageous to the City. The City Council shall reserve the right to reject any or a]1 bid�. Detailed proceedings governing the advertisement for bids and the esecution of ti�e contract shall be prescribed by ordinaace. The City shall require coatractora to furaisb proper bonds tor the protection of the City. the emploqees and material men. Ordiaance po. oage 5 P�.SSID WD IIDOPTID BY 1iiE CITY COIJNCIL OF THE CITY OF FRIDLEY �IS DA7 OF _ . 1983. vn.i.uM J. x� - wzo$ �zrsss: �_ � sma� c. nnwr - c� c�s First Readir�g: Second Aeading: Publicatioa: 3/ o/ 25/ 1 2D MEMORANDUM CRY OF FAIOLEY (/O 64�1 UNIVEASIT�/ AVE. NE. FAIDLEY. MN. 6B43P �6'1Z] 671-�4SO MEMO T0: FROM: SUBJECT: 2E OFFIGE OF THE CITY MANAGER NASIM M. GUiiESHI January 21, 1983 THE HONORABLE MAYOR AND CITY COUNCIL CITY MANAGER AMENDMENT OF CITY CHARTER TO ALLOW FOR PUBLICATION OF ORDINANCES IN SUMMARY FORM In 1981 the Minnesota State Legislature enacted a law permitting statutory cities to publish summaries of ordinances before enactment. �►ccording to the attached opinion of the City Attorney. for the City of Fridley to publish ordinances in summary form, a change in wording of the City Charter is required. Since the Zoning Ordinance is nearing final passage, and since publi- cation of the entire ordinance would cost something in the neighborhood of $3,000, City Administration brought this matter to the attention of the Charter Commission at its meeting on January 20, 1983. The Charter Commission voted unanimously to recommend the attached amendment to Section 3.07 of the Fridley City Charter to the City Council for con- sideration and first reading at the Council Meeting of January 24, 1983. Mr. Clifford Ash, Chairman of the Charter Commission, and Mr. Bruce Nelson, Vice Chairman, plan to attend the January 24, 1983 meeting of the City Council to respond to any questions. NMQ/ms o$niaeacs �o. ZF AN ORDINANCE AMENQING SECTION 3.01 OF THE CI7Y CHARTER OF TNE CITY OF FRIDLEY (CITT CODB SBCTIOH F lIISC.) THH COIIHCIL OF rAB CITY OF FRIDLH? DOES ORDAIA AS FOLLO�ii3: T6at tbe follo�►ing section of the Fridley City Charter De amended aa follars: Section 3.07 SIGpING AKD PUBLICATIOA O�F ORDINANCES IIND POBLICtlIOH OF !lINDT$S. Every ordinance passed by the council shall be signed by the mayor, or by three other members of the council, and attested by the city elerk upon passage thereof and shall be by him filed and recorded in a book kept for that purpose and preserved. Every ordinance shall be published at least once in the official nexspaper of the citq. ;.t' the city council determines that y�,�b�ication of the title and a summarv of an ordinanee Would elearlv inform the ntrhti� of ihe fntent and effeet of the ordinance. the council may by four ��`�'irmativts votes of its members direet that only the title of the ordinanee �nd a su�ary bg_published With notice that a �rinted con� of the ordinanee is �vai�ab�e for insoection by any �erson during reFular office hours at the off{ce of the etty elerk and anv other location Whieh the council desfanates. copv of the entire text of the ordinance shall be posted in the eommunity �ibrarv if there is one, or if not in anv other�ublic location �a�ieh the go�ncil desigpates. Prior to the Dublication of the title and summarv. the �;,»ncil ahal� a��rove the text of the summarv and determine that_it elearlv informs the o�blie of the intent and effeet of the ordinance. The_publishin�r 9f the title and summary shall be deemed to fulfill all leaal nublieation rgQLirements as comnletely as if the entire ordinance had be�n 4ublished. Proof of the oublication shall be attaehed to andfiled xith the ordinancs� Ever� flrdinanep ah�>> be recorded in the ordinance book Within twentv davs afipr oublication of the ordinance or its title and summary. All resolutions and motions duly passed at each meeting of the council may, in Lhe dfseretion of the eouncil, be published in full or in part in the official newspaper of the city. Ar�y adminfstrative rule or regulation of any department of the State of Minnesota affecting the city or any statute of the State of Minnesota, or any published code, specifications or regulations prepared by an official or unoffical organization for general circulation in use may be adopted and incorporated in an ordinance by reference thereto and by marking the three copies thereof as "official copies" and filing them for referenee and inspection in the office of the city clerk, and the publication requirements of this charter shall be as fully satisfied in sueh cases by this method as if the said material has been set forth in the ordinance in full. PASSED AND ADOPTID BY THE CITY COONCIL OF T4iE CITY OF FRIDLEY THIS DAY OF • �983• WILLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CIT7 CLERK First Reading: 2/2/19/1 Second Reading: Publish: , �.� M E M 0 R A N D U M August 18� 1981 ME."10 T0: Mr. Sidney C. I�an City Clerk-Treasurer MEMO FROM: Mr. Virgil C. Herrick � City Attorney SUBJECT: Ordinance Publicatioa 2G Chapter 219 of the 1981 Session Laws amended M.S.A. 412.191 subdivision 4. As originally drafted, this Statute applied only to villages but in 1973, the Statute was amended by deleting the word village and adding the vord city or statutory citq. This amendment therefore extended the provisions of the Statute beyond villages but it appears that it still does not encompass Home Rule Charter Cities such as Fridley. This conclusion is reached on the basis of the 1973 amendment together with the wording of the heading preceding Chapter 219 of the 1981 Session Laas. Ordinance publication is dealt with in the Charter of the City of Fridley, Chapter 3, Section 3.07. The only express requirement contained in the Charter is that every ordinance must be published at least once in the local newspaper. Section 3.07 does allow for partial publication of resolutions and motions duly passed but the absence of the word ordinance from this particular provision infers that ordinances must be published in full. Therefore, with Chapter 219 not being applicable to Home Rule Charter Cities sUCh as Fridley and Fridley's Charter not authorizing partial ordinance publication, it would appear that the City of Fridley is sti21 required to publish new ordinances in full. � r- ,j�,`�'�'�` � �► .th�. r-�" �.'�''y�'� �„'�7 s ► -y 'st' di►' � li,J W ' � t Ys� ` � f -+ t +� 1 f S r�'" !. � •_ : ^`: �_ .,' � 7 . ..y, . y y .' „r.• �: �•� - r� �'� ) �: .�{. �;;�; .. c h` : j t ,►.. v�•% � • ;'�"'i.','�=.. � .�.*l - . � � !t ��r`.�;� :;.` ' ^,� j«-r . � �!'i', ;,, --- - . :.�..�.. . _:i.:.:: x„�w Fs�"FY, �- +�'.�: ✓ ,.-.. }M�`� y, '�`.rc_'',:: Y � � :r « r �,. -�z� • - ; 5^4� 1" ►. ",��t r . .��. r�' � . ,_ �y� ��`r�,1v,�*� `fr� .,u> "t+�r�e.w.•�.. y M "'':;i,,. `-+� , �� ',=i �yy�,y- t-:.�..:€#�':� �� "-. ;•� ��-.� +,co` :`V,�.y .. . .� �:�4 ?t '�}�r �� -� .-. �'r4i '..��[,.�+� 4 t�M -�.f��"`,.�«. +►-+-. • .. - �. �. � a�.� .� , C'+ i;� ; a=# ..c . j �� 4r;��T i3a �� •'�L��`�< +y �..•�� Y:�,� ,►. �s'b ti.i _ �`.',�1 . '�. . �ii '�.�- • ±4�� ' _ �L , h �vsar •-- . • +w .�s� - •.�i vg� r• y� � � ' A" '�e: . v,,s,� wr �� v 1M „ •ix F. - " .,�� '�^"s '�'" .��_��,. 1981 SES.SION :- . � Ch. 219 ORDINANCES—PUBLICATION OF SUMMARIES `-''�` _ = - BEFORE ENACTMENT . ' - -' - � �' `-� �_� ' _� _� _ _..-._ _ ..� .• ' � : • - _: �.. � _ '--- 1_�� . . .. �. • . � ' CHAPTER 21! . - - - • � _ - - � r- • - .. . � . _. . __ _ � _ . _ _ .., . • • . S.F.No. 121 .i�- -- - - . .. --- . ... .,� _.. .. � � �. An Act relatinp to lotal �ove�nment; perm;ttinp statutory cities a�d vrban towns to publich summaries of o�dinantes prior to enatt- ment; amend�np Minnecota Stitutes 1980, Sections 368.01, Subdivi- aion 2t; and 4t2.t91� SuDdivision 4. . Be it enacted bj• the Le�isla�ure ot tAe Sute of Minnesob: Section 1. Minneaota Sistula �980. Section �12191, Subdi�uion �, e smended Lo rad: Subd. �. Enactment ot ordinanees. E�•ery otdinana shall De enacted by a majority voLe of sll the members of the oouncil except vrhere a lareer number ir wquired by taw. it shait bc siQned by the ma��or, attcstcd by tAe c)erk and published once in thc official news��aper. jj thc city aouncil dctcrmincs that publication oi the tille and a summan of an ordinance w•ould clearlr inform thc public of thc inlent �nd qffect of the ordinance t?�e eouncil ma� bv a four-fifths vote of it� mcmbc_rs direct that onlv the title of the ordinancc�nd a summarv published x•�th notioe that a �rintcd ono� of thc onfinance is a�•ailablc for insocction bv anv cerson durin¢ re¢ular p�fice houra at lhe office of lhe eitv clerk and anv other locat�on w•h�ch the taunnl �s�natn A 000v of the entire text of the ordinance shall be oosled m the gmmunitv library if there ia one or if not in sny other ouslic locat�on xhrch tAe tt,uncil de�i�nates Prior to lhe oublication of the title and summan• the wun�il Eh;ll �rove thc text of the aummar�and determine that it ekarl�� inform� the nubhe of thc intent and effect of the ordinana The puldishin¢ of the title and summa,n, shap `� d�cmed Lo fulfill all Te¢al oul,tication trauirements u comnletetv as �! the entin ordinancc had Dc�en nuAli�hed The text o! the summarv ahall be ouAlishcd m a bodY tm� r►o smaller than brevicr or ei¢ht ooint tvnc �s defined in section 33l 07. Proof o! tbe publication ahall be attached Lo and filed w•ith lhe ordmanoe. E�ery ordinana s1u11 be recorded ia the ordinance book within 20 days after iia puGticatan of the ordinance or its title and summary. All ordinances shall be suitably entitled and shtll be substantislly in the styla "The City Counea of .............:...... or- dains:'. - ' ' r . • ' ' ' • ' � Sea 2 ldinnesota $tatutes 1980, Section 368.01, Subdi�uion 21, u amended to i�nd: _ . .. , ..... . . . . .. . Subd. 21. Enutment o! ordinanee� E�•ery ordinance shsll be enuLed by a majority vote of all the members of the tow•n board except w•here a targer number ir required by 4w. It shall be signed by the chairman of the Lown board, sttested by the elerk and published once in tlie official netirspsper. 1t the Lo�•n board determiew� �t aublication ot the title and a summarv of an ordinance a•ould clearl�• inform_th� Qublie of the intent and effect of the ordinance lhe tow•n board ma� bv a four-fifths s•p of iLs members dircet that onlv the tiUe of the ordinance and a summarv be p blished with not�ce that a orinted coov of the ordinance is a�•a�lable for msoectae Qy anv orrsan durinQ rerular office hours of the tow� clerk and am• other loc�wn which the tsncn board desi¢nates A eon� of the entire text of the ordroance ahall be �Jnderscorinn a�d s�+k�au=s an as shown in enrolled sel. . . $�:1 C c �— �r � •�' -� � `�. ..�1 i_'.'�a,.;a�iJ ,i � �� ....��— • ~ •� .� � ; ? ,.,.� � i . , . ^i...� � , P�r v ..1 �i?N �� h� :LI� �, � ::_: �� ;�� , :_., , , ,. � � �a ; �,. s. �; ��, . � . =:,., ° �� S� .;';� .�:,=�. �,. 4^ � � , �� + •-� .• . ;:: .,.;,: ' ii ; �,..- � -��;.. v_ ,y- ! �.•G . :ti , i i � ' I �•;�« .J �:l T.S � y.�• � =r.=+r ::::, ,�r. . t, iy.. ��:.. � i�iORANDII!! DATE: January 20, 1983 T0: Nasim Qureshi, City Manager � v FRQrf: '�J Rent Hill, Economic Development Assistant SDBJECT: 1. Parking Stall Variance for Holiday Village 2. Plat #82-02 Approval for Saga Corporation and Lyndale Terminal Company At the January 10, 1g83 City Council meeting, items 3A and 3B Were tabled until the January 24� 1983 meeting of the City Council. John Flora and I met aith Jerry Jensen and Jerry Linke of Holiday Village on January 19, 1983 to reach an agreement on the plat and the parking stall variance. From this meeting the following Was agreed to be completed: 1. Holiday Village agrees to delete the roW of parking bordering 57th Avenue and to work With the City in providing a 15-20 foot landscaped area to replace the parking stalls� 2. Holiday Village agrees to designate and screen an area to the southWest of the property for semi-trailer parking, 3. Holiday Village agrees to dedicate betWeen 15-20 feet for public right-of- way to the north and east of the first easterly driveway into Holiday Village; this work Will be completed by the City or County and assessed to the Holiday Village � Saga Corporation. 4. Holiday Village agrees that the ingress/egress into the Cattle Company's property xill not outlet into the Holiday Village parking lot and Will provide Saga Corporation With the proper easement agreements, 5. If a WalkWay is needed south along 57th Avenue, Holiday Village agrees to either the installation or assessment of this sidexalk, 6. If a metropolitan transit "park and ride" program continues from the Holiday Village parking lot, Holiday Village agrees to install a side�alk to the bus stop, 7. Holiday Village total number of parking stalls after the plat approval, providing additional landscaped area along 57th Avenue and providing a semi- trailer parking area Will be 987 - 10 foot Wide parking stalls, 8. Holiday Village agrees to provide for more adequate litter/debris pick-up of Lheir parking lots and around the refuse containers, and 3A Nemorandua -2- January 20� 1983 9. Holiday Village agrees to maintain all hard-surfacing. _ Saga Corporation� through their agent Robert Jessen and Asaociates� has verbally agreed to the follor+ing: 1. Provide a 30 foot right-of-xay and utility dedication along the existing north property line� and 2. If a xallcWay is needed south along 57th Avenue, Saga Corporation agrees to either the installation or assessment of this sidewalk. If additional information is needed, please contact me. Thank you. � � CITY OF FRIDLEY PLANNING COMMISSIOt� MEETIt�G� DECEMBER 22, 1982 CALL T4 ORDER: Chairwoman Schnabel called the December 22. 1982, Planning Cortnnnission meeting to order at 7:30 p.m. ROLL CALL: Menbers Present: Ms. Schnabel, Mr. Oquist, Ms. Gabel, Mr. Svanda, Mr. Goodspeed, Mr. Kondrick. Mr. Saba Members Absent: No�e Others Present: Bill Deblon, Associate Planner Robert H. Jessen, R. H. Jessen & Assoc. Architects, Palatine, I11. Jerone A. Jensen, Lyndale Terminal Co. Bill Brezinsky, Suburban Engineering. Inc., Fridley APPROVAL 0� DECEMBER 8, 1982, PLA,��IWG COMMISSIOW MiNUTES: 1NOTION BY HS. GABEL, SECOt:DED BY MR. SABA, TO APPROVE TXE DEC. 8, 1982, PLANAING COMMISSION HINUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE� CHAIRWOMAN SCNNABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A PRELIMINARY PLAT P.S. �Y82-02 SAGA SUBDIVISION, LYNDALE TERMINAL COMPANY: Being a rep at of Lot 3, u ttor's Subdivision No. 155, the same being 250 - 57th Avenue N.E. MpTIO1J BY lNR. OQUIST� SECONDED BY NR. SABA, TO OPEN THE PUBLIC HEARING ON P.S. NB2-d2 SAGA SUBDI4ISION, LYNDALE TERMINAL COMPANY. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DECLARED TXE PUBLIC HSARING OPEN AT 7:33 P.M. Mr. Deblon stated the property is located on the corner of 57th b University. This plat is�going to subdivide about 1.76 acres (76,624 sq, ft.) from the existing parcel of lan�l, leaving about 17.34 acres. The lot split is for the even- tual developnent of a restaurant known as The Cattle Company Restaurant. He stated this restaurant is a very nice restaurant with entertainment, food, and alcoholic beverages. Mr. Deblon stated the only issue on the subdivision was the amount of parking. He stated he would give a brief history of the codes and requirements for parking in the City of Fridley. He stated Mr. Jensen of Lyndale Terminal Co. has also applied for a variance to reduce the number of parking stalls and this was in the Appeals Corr.�ission minutes of Dec. 14. 3C PLANNING COt�P1ISSI0N MEETING, DECEM6ER 22, 1982 � PAGE 2 Mr. Deblon stated the Holiday Warehouse was built in 1966. The building was 600 ft. x 270 ft. for a total square footage of 162,000 sq. ft. The city code in effect in 1966 called for off-street parking to be three times or more of the aggregate floor area and other area to be ultinately devoted to business purposes in C-1S and C-2S which the land was zoned at the time. According to that regula- tion� Holiday needed 486,000 sq. ft of parking spaces and aisles. Therefore. Holiday ended up with a sea of blacktop around it. He stated Staff evaluated this to see what would happen if they removed various parking areas for this subdivision, green area, and other things. The net result was that with the subdivision and its parking necessity for the restaurant a�d additional green area, tliere would stilt be enough parking for Holiday as it was calculated according to the 1966 code. Ms. Gabel stated she had checked the parking at Holiday Warehouse the last two Sundays in the afternoon during the holiday shopping traffic, and there was no one parking in the northeast corner where the restaurant would go in and very little in the aisle next to it. Most of the parking moves to the west because of the front door and the door on the west side. The first time, there were approx. 450 cars and the second time� there were approx. 550 cars. She stated she had checked the parking because the parking would be at its maximum during the holidays. Ms, Schnabel asked if Staff was satisfied that the parking was adequate for the Holiday Warehouse if this proposal was approved. Mr. Deblon stated Staff is trying to reduce thP parl��ng requirements. The new code calls for one stall for every 150 sq. ft. of retail. That would require Holiday Warehouse today to provide 1,080 parking stalls. That would still exceed what they really need. He stated his answer to Ms. Schnabel's question was "yes", but he would like to have the burden of proof swayed over to the applicant a little bit to prove that they really don't need the parking. Ms. Schnabel stated that in a11 practicality� she agreed with Ms. Gabel. Every tine she has been to Holiday Warehouse, there has been more than enough parking. It is not at all like other situations in Fridley where there is inadequate parking. Ms. Gabel stated the excess parking is also an eyesore. Mr. Ueblon stated Staff feels the landscaping offered by The Cattle Company is very adequate and Staff is very pleased with it. They feel it would be very con- sistent to continue that landscaping ther�e along 57th and have calculated the reduction of those parking stalls for the green area. Ms. Schnabel stated that regarding the replat, did Staff feel there was any negative aspects? � Mr. Deblon stated Staff has a concern about the trailers in the south area next to 694. They feel that as Holiday continues to build up a greater clientele for foods, they may necessitate more trailers to bring in more goods. and possibly may have the need for a trailer storage area. There is a little concern regarding the refuse around the building. This is not really related to the subdivision, and other than these concerns, Staff had no other comnents. 3D PLANNING COMMISSION MEETING, DECEMBER 22, 1982 PAGE 3 Mr. Jerome Jensen. Lyndale Terminal Co. (Holiday Warehouse). stated they are very much in favor of this proposal. He stated they have had thts property for quite a few years and have never really utilized it. A number of years ago, they had an opportunity to sell the northeast corner to another restaurant chain, but they did not feel it was a very good offer and was not something they wanted in front of their store. More recently, the SAGA Corporation or Stewart-Anderson's Cattle Conpany Restaurant approached them. He stated they have been very pleased and feel this restaurant would be a good addition to their store and for the entire Fridley area. He stated they have worked with Staff on the realignment of the driveway. Mr. Jensen stated they have just completed a redevelopment program with their Holiday Warehouse South in Bloomington. which is a little larger than the Fridley store at 188,000 sq. ft. Their volume for the total store is slightly higher than the Fridley store. With their new development program, they have bll parking spaces, and that seems to be adequate even at this time of year. They feel the nu�ber of parking spaces recommended by the Appeals Commission (950 parking stalls) on Dec. 14 should be more than adequate to service the area without creating a problem to the surrounding area. He stated they would not be selling this land if they felt it would jeopardize their store in any way. They have very adequate parking in just three areas--the west, west front, and east front. Ms. Schnabel asked what Mr. Jensen's feelings were in terms of Staff's recommendation for the upgrading and landscaping by Holiday to be consistent with the Cattle Canpany Restaurant. Mr. Jensen stated that as far as taking out the additional parking stalls. it should not have any negative affect fro� a parking stand�oint. From a landscaping standpoint, they would prefer to see those remain as parking stalls. simply because the more green areas they have� the higher their maintenance costs and the harder it is to keep those green areas looking nice. Fron a visibility standpoint, he did not think there would be any problem; however� if the Cormission feels this land- scaping is required to make it work� they would do what the City desired. Ms. Schnabel stated if the restaurant comes in and landscapes well, she would like tiu see Holiday carry through and upgrade the whole area. Mr. Jensen stated they have al�ays tried to be a good neighbor to all the surrounding businesses and homes. Periodically� problems do come up, and they have tried to solve them. He felt their record with the City was one of cooperation. Ms. Gabel stated the Appeals Commission felt, from an aesthetic point of view,that the blacktop area was ugly and landscaping would break it up and make it look a little bit better. Mr. Jensen stated he did not know how much landscaping would even be seen, because the road is slightly higher than the grade. The landscaping would slope away from the road. so most of it would be invisible to anyone driving along 57th Ave. 3E PLANNING COMMISSIOt�I MEETING, OECEMBER 22, 1982 ' PAGE 4 Mr. Jensen stated he thought they would be willing to work t�ith the City. They also have quite a bit of concrete curbing that is going to have to be put in which is going to be very expensive. Mr. Saba sLated he did not feel the City should lock Holiday Warehouse into any particular landscapins theme. He agreed that landscaping in this area does not serve any real useful purpose. If Holiday decides to do it. that was fine and the City could work with them; but he did not think it was fair to require Holiday to have a certain type of landscaping theme. He stated there is also a lot of vandalism in this area. Ms. Gabel stated she lives near the store. She believed there was a maintenance problem, and that maintenance has to be upgraded. Ms. Schnabel tsked Mr. Robert Jessen to show the Cortmission the restaurant plans. Mr. Robert Jessen, R. H. Jessen b Assoc. Architects, stated this would be a 9,200 sq. ft. restaurant which includes a 500 sq. ft. messanine area. He stated Stewart- Anderson restaurants en the west coast are Black Angus Restaurants, and in the Midvrest ti�ey are Cattle Company Restaurants. He stated this will be the first Cattle Company restaurant in Minnesota. They are presently worE:ing on one in Minnetonka and perhaps one in Bloomington. There are three open in the Midwest right now in Illinois, three under construction, and three on the drawir�g board. so there will be nine in Illinois. They also plan to expand in Wisconsin, Indiana, Iowa, Ohio, east and south. There are 87 restaurants at this time,most of ther•� located on the west coast and south in the Texas portion. Mr. Jessen stated SAGA is the parent company. The restaurant does no� offer live entertainment. It has a disc jockey booth where they play the "top 20" record- ings and have a small dance floor. They want to cater to all age groups and offer a luncheon and evening menu at moderate prices. The restaurants have been very successful; hence. the expansion program. He stated the seating capacity is 266, plus 16 for waiting, totalling 282. Adding 30 employees makes a total of 312. Mr. Jessen stated they will pravide a 20 ft. landscaped buffer strip along Univ. and 51th, a 25 ft. strip on the �vest side. plus numerous landscaped islands and an irrigatio�► plan. The main entrance faces 51th with a secondary entrance facing University. Mr. Deblon stated Staff has noticed that this Rarticular corner at 57th & Univ. fias some foot traffic to the bus stop. Staff would retommend that a pathway or sidewalk be constructed in that 20 ft. of greenway. Mr. Jensen of Lyndale Term�nal Co., stated he would be against a walkway in front of their store all the way to Main St. Their store is surrounded by carmercial except for a few homes that front on 58th Ave. He did not see that much foot traffic. Mr. Oquist stated the only kind of foot traffic is to and f rom Holida;/ on the east side, but there is no foot traffic all the way up and down 57th. He could see no need for a walkway in front of the propesed restaurant. 3F PLANNING COMMISSI(�N MEETING� DECEMBER 22, 1982 _ PAGE 5 Ms. Schnabel stated it did not nake sense to ask the restaurant to provide a sidwalk to University Ave. when that is not city property. If the City feels a walkNay is important, then the City ought to put it in. Mr. Kondrick, Mr. Svanda. Mr. Saba, and Ms. Gabel agreed. NOTION BY PlS. GABEL, SECONDED BY PlR. SABA, TD CLOSE THE PUBLIC H£ARING ON P.S. N82— 02, SAGA SUBDIVISION, LYNDALE TEWNINAL CO. UPON A VDICE VOTE, ALL VOTING AYl', CHAIRWOMAIl SCNNAB£L DECLAREJ� THE PUBLZC iIEARING CLOSED AT 8:53 P.M. Mr. Oquist stated the restaurant s0unded like a nice tt�iny for this area. It would dress up that corner and the landscaping looked great. Ne had some misgivings about the greenway proposed for Holi�ay Warel�ouse as the land does slope away and because of the rai ntenar�ce. MOTION BY MR. OQUIST� SECONDED BY MR. XONDRICK� TO RECOMMEliD TO CITY CDUIJCIL APPROVAL OF A PRELIMINAR�' PLAT, P.5. M82-07, SACA SUBDIVISION, LYNDALE TERl:INAL COr1PANY, BEING A REPLAT OF IAT 23, AUDITOR'S SUBDIVISION NO. 155, THE SAME BEING 250 — 5?TK AVENUE N.E. ' Mr. Deblon stated he would like to see the followir.s stipulations added to '.he motion: (1) there be a 30 ft. (20 ft. additional) gree m�ay area in front of Holiday Warehouse; and (2) Holiday Warehouse continue to work with Staff on various other things like the screening of the trailers on the so�th side. Mr. Jensen stated he questioned whether the things being discuss,ed now really pertained to the pla'ting. He stated tl�ey have always tried to work with the City; and if they haven't, they are willing to sit down and discuss these types of things. To his knowledge, Lyndale Terminal or Holida;/ has not been informed of these things. If Holiday Warehouse was in violation of any code, he felt the code was strong enough to bring these things into compliance. MOTION "'D AMEI:D EY MR. D�(IIST� SECONJED BY HR. KOh'DRICK� TO RECOMAIEND TO CITY COUNCIL APPROVAL OF PRELIMINARY PLAT, P.S. N82—Q2, SAGA SUBDIVISION, LYNDALT. TERMIN:,L C(�MP�JNY, BEING A REPLAT OF LOT 23, AUDITOR'S SUBDIVISION N0. 155� TXE SAME BEING ?50— 57T9 AVENUE N.E., WITH TXE STIPULATION THAT THE PEOP:.E FROM HOLJDAY WAREHOUS� WO�ZIC WITH CITY STAFF TO PROVIDE FOR A MINIMUM OF 10 ADDITIO;��L FEET OF GREENWAY ALONG 57TH AVE. (?0 OR 30 FT. TO BE WOJ�:ED OUT BET'f✓EEi: TX£ TWt� PARTIES) . Mr. Oquist stated he would recommend that the City Council discuss those other issues, but he did not feel they should be part of the motion. UPON A VOICE VOTE, ALL VOTING AYE, CXAIRWOMAN SCXNABEL DEC�ARED TXE lsOTION CARRIEa^. UNANIINDUSLY. . Ms. Schnabel statec this would go befo�re the City Council on Jan. 10, 1983, along with the variance request. P.S. �82-02 SAGA SUBDIVISION . :` ; _ . 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I I• , J = • Q : ,' • •�V�� • .� • • � �� + r.11�.�.�✓ r �_ �� M � ~ Z� �� : � , - � � � � � �•� , • � .` �� _. ......I. . _ . � � ^.�'4--.' 1 %� � st ' - --- .- � -are--wo�s-=---10H►#►�t �airE MEt-- y7___ � r-- �- ---��\ � � ; 1'0 j /�' �T i � �� : �• � N� .. � �� i � � A � � D -f � 2 � • �*� •V �A + 7 ,W y O � � � � � ��, �■� ��• � � j��jt� � ��;��e� �ii+�ls � 3H� � � � � � ' ' ' ' � ' ' ' ' ' � � � City of Fridley 3I APPEALS COM4�fISSION MEETING - OECEMBER 14 1982 PAGE 1 CAII TO ORDER: � Chairperson Gable called the December lA, 1982, Appea;s Comntssion Meeting to order at 1:30 p.m. . ROLL CALL: Members Present: Members Absent: Patricia Gabel� Alex Barna. Jim Plemel, Donatd Betzold Jean Gerou Others Present: Darrelt Clark. City of Fridley Jerome A. Jensen. Lyndale Terminal Company, Box 1224, Minneapolis, MN (Holiday Karehouse) APPROVE APPEALS COMMISSION MINUTES OF NOYEMBER 30 1982: MOTION by Mr. Barna. seconded by Mr. Betzold. to approve the Appeals Cortmission minutes of November 30, 1982 as written. UPON A YOICE VOTE. ALL VOTING AYE, CHAIRPERSON GABEL OECLARED THE MOTION CARRIEO UNANIMOUSLY. 1. oARIANCf Rf UEST PURS � REOUCE THE RE_QUIRE TNE REgUIREO 2390 STA SU6DIYIS]ON N0. 155. Jerome A. Jensen. Lyn� MN 55440) iANT TO CHAPTER 205 OF THE FRIDLEY CITb CODE. � PARKING STALLS FOR A CON�•1CRCIAL BU1LUIt�G FR lS TO 800 STAllS. LOCATED ON LOT 13 /IUDITOR HE SAME BEING 250 57th AVENUE N.E. Request ale Termi�al Company. Box 1224. Minneapolis; MOTION by Mr. Barna, seconded by Mr. Betzold. to open the public hea�ing. UPON A YQICE YOTE. ALL YOTIN6 AYE. CHAIRPERSON GABEL DECLARED THE PUBLIC HEARIN6 OPEN AT 7:32 P.M. Mr. Jerome A. Jensen was present for this matter. MOTION by Mr. Plemel, seconded by Mr. Barna. to waive the reading of the Staff ep�ort and have it entered into the minutes. UPON A YOICE VOTE, ALL VOTING AYE. CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. aD�ni.sra�Tns sTarP a$poai 250 — STtb l�enu• 1.t. 1. PQBLIC POEPOSB SF.K9ED B7 BBQIIIBffi�Ti Sectioa ?OS.lOa� 2H, 12, requires tbree parkiag ntalla Der taeh 250 aquare teet of total area ia Dn�ine» or �ommercial uae �itLia buildiass, and outside tor retail eataDliahmeata. R�blic purpose aerved b� tbia reQuiremeat is to allar adeQuate area tor cu�tomer parking at a�y �i�ea ti�e. 3J Appeals Commisston Meetina - December 14, 1982 Pace 2 H. ST�TBD Hi8DS8IP: 'Strict enforcement ot tbe current parking ratio reQuirement createa an undue hard�hip xhen applied to a building aa Iarge a� oura. Ya�t amounts of propert� are rendered totally uaele�� Dy requiring Iands that could otherwise be developed to De reserved tor unu�ed parking apaces.• C. iiDMDISTRtTI9E STiFF REOIB9: Tbe originai p2an tor tAe Aoliday 9illage Korth atore va� approved Dy the Cit� Couacil on January 17� 1966. The Duilding permit ra� ta�ued on January 31� 1g66. The Code for C-2S regarding parking at that time read as followa: "45•343• The off-atreet automoDile parking area shell De three time� or more the aggregate floor area and other area to ae ultimatel� devoted to Dusiness purposea in each C-1S and C-2S Distriet. She reo,uired a*ea a5a12 De inclusive of perking atalls and aiales only� and not laclusive ot areas of arivexays, walka� truck Ioading �pace�� planting space�, or other reQuired or provided open apaces.• The proposed Duilding vaa 600' z 270' xhich equala 162�000 aQuare f�et. Consequently 3 times 162�000 sQuare teet (or 486,000 eq. tt.) va� required tor parking stlla and ai�lea. The total land area of the Roliday development vaa 832�000 sq. tt. (or 19.1 acrea). IIsing the deve2opment plan, the green area va� ca]culated and added to the Duilding size. • tigure of 207�808 xaa arrived at. By aubtracting this numDer trom tbe total acreage, the area of Dlacktop waa derived. The calculationa are as tollova: Total land area ..................... 832,000 aq. ft. (or 19.1 acrea) ESci�ting green and Duilding area.....�0y, 6D8 sa. tt. Blacktop area ........................ 62��142 aq. ft. Drivewaya and loadiag areaa mu�t also De aubtracted oft Lbe total blacktop area to obtain the acLual parking area required Dy Code in 1966. ihe calculation� are aa lollara: 8lacktop area ........................ 624,192 aQ. !t. Minua drivewap� and loading ar�a..... 26.000 _ 598,192 sq. tt. The sQuara footage eiceeds the tq66 Code requiremeat. Nox, the area of tbe aubdivi�ion mu�t De auDtracted trom the actual area of parking to aee if it ta xithin tbe t966 Code: 598� 192 76, 62� 521. 568 T6e aumber atill ezceeda Lhe 486�000 sq. ft. requiremeat. Pinall�� it ia recommended tbat a 20 foot atrip ot greenwa� pe added along S7th •veaue. The los� of tbls area ot parking ia revealed Delar: Actual Darking area ...................... Minu� Additioaal recommended greea area... ?he figure atill ezceeds tbe 19b6 Code requirement. 521� 568 nq. tt. _ $. $00 512, 768 aq. tt. A�peals Comnission Meeting - December 14, 1982 Pa� Sbe calculationa are aummarizea again bela+: �rea of Building.... ............................. 162�000 sQ. !t. - ReQuired parking atalls and aisle� in 1966....... Total area of Development (19•1 acrea)........... Minus green and Duilding ar�a .................... Minus drivevaya and loa�ing area ................. !linus aubdivided area ............................ Ninu� additional recommended green area.......... Mea remaining for parking and aisle�............ DNDER PRESENT CODE: 4 86, 000 eq. tt. 832�000 sQ. tt. 20�..� 8 � •� 624� 192 sq. n. ,,,p6. 0� 0� 0 se . tt- 598,192 sQ • !t. ...76 �4 �0 -_ tt- 521, 566 ap. !t. �, eoo�.n. tt. 512, 768 aq. it. 3� Three (3) atalls are required for each 250 aq. ft. of retail area. Consequently� 1�9�� atalls are reQuired. Holiday currently providee 1,220 �talls. After the suDdivision, Holiday xill bave 1�057 atalla. It the recommended green area is put la� they xil: have 1,013 rrhich ia approximately t atall to each 1 0 aQ. tt. of retail area. Mr. Clark explained that the key figur�s in is when it was built, it originally required 486,000 square feet of parking area and did not include the driveways, loading docks, etc., and after taking the loadi�rig docks and driveways (598,192 sq. ft.) they still exceed the 1966 requirements. He said under the present 1982 Cude, three stalls are required for each 250 sq. ft. of retail area. He said they don't make that requirement and he has not witnessed the lot ever_ being full, and they have proposed to sell two acres to a restaurant on the Northeast corner of the lot and Staff has proposed they take out one whole row of parking along 57th and put in green area. He said after subtracting the green area, and the two acres. they are still in excess of the 1966 code (512,768 sq. ft. of parking, comes out to one stall per 160 feet of retail). Mr. Clark said the City is also in the process of re-writing the parking requirements. Ms. Gabel noted that on the Public Notice it states reduce to "800 stalls" and_the Staff Report says to "1.013 stalls". Mr. Clark said he was told by the Planning Department that the actual number of stalls wi11 be 1,013 after they subtract the two acres for the restaurant and the row of parking for the green area. Ms. Gabel asked Mr. Jensen if he had any problem making the number of stalls 1,013 instead of 800. He said not really but they were hoping for some sort of flexibility and showed the Comnission members the site plan. He said they have done quite a bit of figuring and they have vast amounts of parking and they have 365 parking stalls i� the oear area and they would like to do something else back there. He further said the number 800 was .�icked out of the air and they would like to get as 1ow a number as possible. Hr said they have 261 parking stalls in the West front area and 137 parking stalls in the West area and they are able to accomodate all of the parking they need in thst area without any problem. Ms. Gabel asked about the Carden Center. Mr. Je�sen satd that is anly open for 3-4 weeks during the year and they are up in the air about that. Ms. Gabel said she �oticed that when the nursery is in operation tF�ey are congested in that area. Mr. Jensen said that 800 stalls is more than generous for what they need and that their store in Bloomington is a bit larger and they have 611 parking spaces. 3L Appeals Comnission Meeting - Decem6er 14, 1982 Paae � Ms. Ga6e1 about access right on 57th Avenue. Mr. Jensen showed the oresent situa- tion on the plan and said the access will get moved over opposite �3rd Street and they will lose a row of parking along there. Ms. Gabel felt the additional greenery would enhance the area and asked a6out the Garden Store entrance. Mr.Jensen said it locked and a fire exit and felt that the restaurant would also be a nice addition. Ms. Gabel asked how soon they will start and Mr. Jensen said they will be before the Planning Comnission on the 22nd of December and before the Council in January. Ms. Gabel said she really anticipated congestion in the area of tfie Garden Store and felt they should think more about that part but she was convinced they would ha�re more than enough parking. Mr. Barna asked if they have looked into the future and what is their bustness ends up like CUB. Mr.Jensen said they felt they are looking at this on a long term basis and they have considerably increased their volume since remodeling the store and they should not have any problems. Ms. Ga6e1 said it would seem more realistic to keep the variance at 1,013 instead of 800. Mr. Jensen asked for 950 and said if they do want to do anything they would have to come in for another variance and they would look at this again. Mr. Clark said that number sounds right because the Staff did not take out for the Garden Store. Mr. Betzold asked about the restaurant's parking during peak hours and Mr. Jensen said any of their overflow parking will likely use the area they are not using right now. Mr. Plemel asked if Fridley is more stringent in their parking re- quirements than other communities and Mr. Clark said he did not know at this time but they are looking at other communities. Mr. Jensen said he would be agreeable to change to 950. Ms. Gabel said that was agreeable with her and the other Cortmission members concurred with that. Mr. Clark also felt that was reasonable. MOTION by Mr. Plemel, seconded by Mr. Barna, to close the public hearing. UPON A YOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE PUBLIC HEARING CLOSED AT 1:58 P.M. MOTION by Mr. Plemel, seconded by Mr. Betzold, that the Appeals Cortmission recommend to the City Council, through the Planning Commission, approval of the request to reduce the required parking stalls for a commercial building from the required 2390 stalls to 950 stalls, located on Lot 13, Auditor's Subdivision No. 155, the same being 250-57th Avenue N.E., Fridley, Minnesota, with the stipulation that the North row of parking (along 57th Avenue N.E.) be removed and a green area constructed. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON GABEL DECLARED THE MOTION CARRIED UNANIMOUSLY. Mr. Barna said he has driven by there numerous times and has never seen the parking lot full or overflowed and felt this number of Parking stalls was more than enough. OTNER BUSINESS• Mr. Clark said e d b the ' t who is planning to retire from their n next as the Council is starting to make reappoin nts. He said Mr. Plemel has a e u again and asked what his feeli s were on reappointment. Mr. Plemel said he would consider it and let him now. � , , � - . � . �� ' / Z � � , � ' � _ • � �� • • � � – - -- _ ..._-�- �� N, ^ � � p . � � � .. 'o .• – — n � � . C rj � M �� ^ � � � • �► ��-V_�..�.� _: �. .. -�'� .. �/ ` . � . � .� . � � �� ' � r •� L � � +� ' • � o - � - . ' " t� � �� i �iris-- - -- �IIiAI 1tIS111i1! �� ` � _ — - �_ ' z. . _ _ _. — � � ;;,: ': w.�..:,;. y .,.'« i• '�� '��"'_'�'�: ��,.� i1'' , � ` ' � � �„�,,,,b�,��K,..�a..r..�.-�.i...--�•�...v �i� '.:.N,�� ..� � � \ � ��` ^ � � � �, -,,:: =- -. . � . r -�, �x'� AC ,• '.".• � -.ti . � � �+�► �� '!•... \ ��! 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T � ... ��.�I'I��il�lll� �.'II��1��•��i1��l�i� • •�f ' ��.w. .� la i ,Q' �� ... . •. _ � __�--- i��ris_ rirN t�� i�i�� 3M 4 «�,, . - �• �� :.� MEMOR�ND�M TOt NASIM 4��HI� CITY MANAGIIt i4�"Is ��KFNP AII�L, DWNONIIC LIEVIIAPt�'�NT ASSISTAt�Tr SUBJDCT: RbVI�] OF SPECZAL USE PEFiMIT f 81-10 AT 7625 V�tOt�l RLV1D I� F�OR SUBUFi�N P'bB ILE FiOi�'� SAI�S �= January_13, 1983 I met with the awr�er of the above praperty, Mr. Jack Maxwell, on January 13, 1983 to discuss the special use prmit stipulations plaoed on the property on January 18, 1982 by the City Council. The Council stipulated that they reviewed the special use permit for c�a�pliance after ore year. An inspection was oo�pleted on January 5, 1983, which showed the following actions on the enumerated stipulationss l. Zhe rear area of the lot be cleaned up - sane improvement has been done, but there still r�nains debris from the mobile homes and several delapic3ated starage shecls, 2. Screening be provi3ed for the refuse containers and propane tank - this iten has been car�pleted, hawever, the screening fence for the reiuse oontainers should be more adcquately maintained, 3. Maintain all hard surfacing - Mr. Maxwell questions the City's authority to enforoe this iten, haNever, he agrees that the crackinq of the surfacing shoulrl be seal-coated and this will be completed during the Spring, 1983, 4. �e drainage easer:�ent be resolv�ed with the City F.ngineer - Tbis item has not bee� conpleted, hawever, it will be evaluated during April, 1983 for possible resolution, 5. �e property owners share equally in the installation of a fence at time of developr�ent - Mr. Maxwell indicates he will camply with this stipulation when c3evelognent takes plaoe, 6. The City Council reviewed this permit during January, 1983 for ooripliance to the stipulations - this time will be oompleted January 24, 1983. If you neec] additional information regardinq this iten, please oontact me. 2hank you. I�i/bd ?JLS/4 P �81-10 3t 32 3! » �S S� 3T • . f�0�1.�4t K•..r� `L r� • I � G za 23 u Z� 20 �� 6 �t Ib �S 13 � �� - 2 w�o! no. 1 w�tA► 1� OM1� 4� i+ C O � �„�� . M�� 2� 2b il 20 �1 3� � * ,�..a ��/" 2�. �. '�. � �..� �10. 2 :' `•: .�•• ;, �'�� i..' y, t��. r 1t . . � t ��i'` ` ' • i' . r:'`' y .��t}7 •?'' � .•y�.• �y . : � : ,+,� • ��: ;,' •..�i l -i:,� �rF � �,�. � • �� '� R`-�. •.,'� ��' s�:�� '•�1��''� ��! i.?`�� ' 11 I „� . ��•.✓A . ,�w` �.�`;�� ` {:� ��i�.+ '�• '.•� � /.�:.* .r' ' t t+Y a%�yt'=•• ' • ;1' �`~i'i1 ; �'�� f ' �' _"'••�•".:�-?J'+�� + . :'' ; ;� .�:�..� f• I. � �/.�i�.. •� �� . 10 ♦ D � : �! r �.ji �:r • ':. •'' .��=��N• ':� ��.-..��:.�� "�L ! • � S �,� n . `t�� •1 • } � 'ic�t � ( J • �� •:�, ��j�1��.LY••.,.�` ��'. °� �• L � .r,♦� � . •�• •� t ,.�.,••� � ��, � `� 0 � �� .� �y 7 �r• � _ � f� �'� '. J :�~ � 5.��!�ii0. r, •J ,�� +�.� 7 . ��; ,� ��. �i �' �. �� . � ��.� T . . �� •' ,,. • � . �.� f. . �-. . �`�'�'•'.:*."•; � •� �� l ta •. . ,;!..i;•; �� •,�d,r�'.!ti: �'�'.• % i . yf�l� ;�,�•�i'� ICC.• ;. �'��'- ,�� 6 � . .!• :: �'•.. : � 24■fo0 �.:.; � , �'•�e 4� ' �r1 � _ '7�F. � ��'`� ? . � '� � � � �a' +�~ . � � � �;. � _ : . . � • •'�>: �� s �� .�� .• �-: t�;. ,r_ � a �-; t �: r ;�:�'�.tj r'` � . � � I; � � �.` y ��' ,I '�t• w� .`..'�aC .� i;• t•:,r,j t 3S'r-•. .,1,� 4 ��'.'co;';�� ' G'-.;.•� {.�-� ? ` �'ti' :�> �. � :.;, � ..• 1 �-:� � no. 3. : � ,- ..,. �.�!.�; �.� �-. � :, i f � � . .': � ; ;- �. ,-, ; i== �• `:�"'c ::�,. •. � � � tis '✓� ;1 �'s�� ••.' ��/ ±� ,�� '}^i�I L � i �1 �j �. :1 � � � �� '',3t/7 e 't' ' ';. .: `�E'_�` . � ' �' �` � i�i"�� 2 ; � , � ,; .: --- `_ .,... i ��; c H�• ,�� 1 ��4 '�� ' . - • ( • . I.dr••=4•'+ �. s . t• }:{_�� ' �t' j • • � � ),y:7•4 �r. 1 �f• � •��•t • � _ !'��t.�`�\�A i ya- � no. 4 ( � � 1 � � i � 1 fr00' �••. �• ;• '~ Y • • I `J,.��T � �R�' � i � � S • •' ,� � � � �` r•.'f • � • �y�,�� ,yi'. • + • � � � • L4s.,•o� � ��' � • ' �'�� ` !r , v�y ��' i' `', .r � � • � ?� ' •1'�.� + 6�s �o ' � ,I+ � *l �` � � ' ' . `. s ' �y .��'.,�'�t„�i;vn"��,`,Tj�; �I►` �i' \��5= SERV�CE...QOA.D"S�'��' #q�,�� .'*r��A��j��i'f'�.�.•S i1A��G%"'{�'4 ��• a;.� i.��.� a;s :'<E,• . ,�;'t :,�, .qJ�• • 7 • p�r.±!w.�� ird't,(A �•�. � ��•r� "r�• "' '~:=rs i•' . +o�' �e•.� �--s--�-�-�ss�'�-�T.-'_,'s. ��,'�'.t..';:._...� �oo• — — 0 48 SP �81-10 �.��r�! �:�� c. , �931 POpTR�OGE p000 ST. PAUI, M�NNESOT/1 SSt1� , ,IPMOwE Gt?�E36•?2t2 January 15, 198? Mr. John Flora City of Fzidley 6431 Univezsity N. E. Fridley. Mn. 55433 Dear Sis: This lettez is in reply on a Special Use Pe rmit a mobile home sales lot. Re: �625 Viron Road to our recent conversation regarding a hearing foz the above mentioned property to be used as When this subject was zeviewed by your Planning Commission, certain stipulations were made as a requirement to the granting of the permit. I vill address each of the stipulations individuallys 1. 2. 3. 4. S. Area clean up. I have been advised, but have not physically inspected the area, that this has been completed and should be more than satisfactory fn view of the expense involved. Screens around the refuse and propane. The tenants, Subuzbar� Homes, have agreed to do this using a picket fence type con- struction and will do so, time and weather pezmitting. Maintenance of hard surfaces. To the best of my knowledqe, this is being done on an ongoing basis and my last inspection substantiated this. There is no breakup or deteriozation of the surface as it exists and cement blocks are in plaoe. Dzainage. This subject has been discussed extensively. I Was not aware of a drain field and manhole on the premises. With the spring thaw ar�d some drying of the conditions that prevail at Lhat time ve would like to postpone any action on this mattez until that time. Boundary fence, on the north prope rty line. The owner of the property to the nozth of this property ar�d i have agreed that at such time as his pzopezty fs developed and a secuzity fence is dictated, we will mutually share in t1�e expense of having one ezected. Zhis agreement �+ras arzived at at the Flanning Com^nission Meeting. Should you require any clarification of the above points or wisA to discuss them furthez, do not hesitate to call me at 636-2212. /� Sincerely, AGORA ASES, INC. , ��Q �-C . D. Maxr+ell - President� ��' :� j • ;�. 7 tti 1�� ;�;� .r��;� .�► , ..,.. , �;' ...o.� ' •�:. : �'r '. : � . t:.'� � .�� !2 � i � . �: � - SP #81-10 CiTY OF FRIDLEY ��1 tIN1YER:ITY AVEN�E M.E.. fltlDlE�. MINNE:OTA i{��! TEIEIMONE (�t?1s11•��s0 �..'� B ru ce Hay 39 North Oaks Road �� St. Paul. MN 55110 Subject: 7625 Yiron Road. N. E. Dear Mr. H�y: ) Ma�y 6, 1982 On January 18, 1982. the Fridley City Council approved your request for a special use permit to operate a mobile home sales lot rvithin the City of Fridley. Six stipulations Were made as provisions of this permit and were to be conpleted by January 18, 1983. These stipulations included: 1. The rear area of the 1ot be cleaned up; 2. Screening be provided for the refuse containers and the propane tank; 3. Naintenance of hard surface areas; 4. The drainage easement be resolved with the City Engineers; 5. Both property oti•ners share equally in the�creat�on of a fence at the time of development of the property to the north; and 6. The staff bring this back before the Council after the one year period for the Council's review of compliance with the stipulations. A recent inspection showed that items 2, 3, and 4 had not been accomplished. Item �1 had Ceen improved. but needs additional work. Please contact me at your earliest convenie�ce so that we can discuss this matter. I can be reached by calling 511-3450 Ext. 166, Monday - Friday from 8:00 AM - 5:00 Plt. Thank you for your time and cooPeration. S i ncerely, ',e,.,,� �,..5,�...�e. � Kent E. Hill Economic Development Assistant KEH/ia 4C . r; •. � �=. s' � ,+.. .� ; :` a 1 �`' � ,, .� �s� �;.: �^ SP �81=10 CITY OF FRI�LEY •��t YMtVE1ltITY AVEMYE N.[.. tRIOIEr. MIKNEtO�A :S�» � IEtE�NOME ��tl1l11•��l0 ' :�s Eruce R�� 39 xcrth Oak� 1toa0 st. r.��. �r ss�to Janusry 7. t9a3 �, z-t � Z SuDJect: SDecial O�e Ptrmit /81-10 tor 7625 Yiron ltoad M. S. Dear lir. Mays �,�. �' � �� 2 9�� P ��" � • �� On Jsnuary ?M. 1983, tAe frialey City Council vill revler �pecial use peroit /81-10 to oyerate a aoDilc Aone aale� lot vitAin tAe Citr of fridley. Sis atipulation� rere made a� provl�ion� ot tAi� per�it an0 �ert to De com plettd Dy January 1a� t983. Tt,e�e atipulations i�clu0eds 1. T�e rear area ot tAe loi to Oe clesned �p; 2. Screening Oe prov10e0 tor tAe refu�e containers an0 tAe propane taNc; ). lsaintenance of ?�ard aurface areas; �. 7De Qraina6e ta�eeent ee rc�olvea vitA the City Engineera; s. Both Dro�erty o►rners sl�ire cQually in tAe crestion ot s tenct at tAe tiae ot QeveloF�ent ot the property to tAe nortA; an0 6. 7he �taft Oring tDia Dack petore tDe �ouncil after tAe one yesr perioa tor t�e Council's revie�r ot coapliance vltA tAe atipulatiana. An in�pection co=Dlete� on January S� �9e3 s�cre0 t�st iteca /3 sn0 I� Lsd not Deen sccocDlisAeO; ttem I1 Daa Deen iaprove0� put nee0� �dditionsl �rork; an0 Stea !� baQ Eeea cocpltte0. Tle�se contact me at Your earliest c�nveaience so tEat wc can Oi�cuss tDis eatter. I can De reacDed Oy c�llins 5T1-3A50 Est. 166. Hoaday � TriQay troo 8:00 �?! • S:OG PM. TbaaY �ou for �our tiae u�d eooycration. Sincerel�. /� ��. ,� xenc Fugeoe asll iconacie Develoqrent �»i�taot Di/bd 2/1/S/j 4D RESOIA?IO�I N0. � ��, s � � �".a,so � � � v r` � 11 � \��' A RBSOLIITION APPROYIIIG PH�Sg II PI.A�S FO$ THE CBNT$8 CITT P80JBCT AHD ASSISTIHG THL HRA 1iITH PIIBLIC I!lPROYffiiBNTS YHBREAS, t Fridley Housing & Redevelopment Authority,as the res nsible Ageney for t e implementation of the Center City District, has pro oted and secured devel ment in Phase II of the project area; and NHBREAS, the Fri ey City Council has revierred the overall plans or Phase II of the Center City roject; The Columbia Park Clinic, Fridley Plaza Office Building, associate parking, 5th Street and 64th Avenue, and YHBREAS, the Fridley ousing � Redevelopment Authori has requested assistance from the City of Fridley for certain publie i rovement projeets within Phase II of the pr ect area. RUfi, TgBREFORE BE IT RBSOLVE�by the City Couneil of,:`'the City of Fridley, Minnesota, %' 1. That the overall plan of hase II of the enter City project is consistent with the Comprehens e Plan for th City of Fridley and is approved by the City Couneil. 2. That the City Will assist the Hou�ng & Recj�evedlopment Authority in the following manner. / A. The parking lot, Plaza and 6uth v nue N. E. will be constructed by the City and assessed to the Hous g& Redevelopment Authority as requested by the Authority. B. The City wi11 contribute $20, 00 construction of ihe fire hall parking lot. C. The City will contribute 0,000 for C�y Hall signage,f lagpole and miscellaneous items in the d elopment o t e Plaza area. ,, D. The City �rill mainta n the Housing �`Redevelopment Authority property as per its "Coop ation Agreement wt,th the Authority. PASSED AND ADOPTED BY THE OF . 1983. ATTEST: SIDNEY C. INMAN -� CITY CLERK / 2/ 2/ 17/2/ COUNCIL OF THE CITY� OF FRIDLEY THIS DAY WILLIAM J. NEE � MAYOR 5 TNE CITY OF � �� P � FRIDLEY HOUSING end REDEVELOPMENT FROM EXECU' DATE ) SUBJECT AUTHORITY 'E DIRECTOq�-- Agreement of Cooperation John Flora Nasim Qureshi MEMORANDU TO MEMO N082-07 5A ACTIONI INFO X Please see attached "Agreement of Cooperation" between the City of Fridley and the Fridley Housing b Redevelopment Authority for the maintenance of the parking lot and landscaping on HRA property. The HRA approved the agreement at their January 13. 1983 meeting for submission to the City Council. The HRA has approved the overall plan for Phase II of the Center City which includes the 166 car parking facility for joint use of the City and the Fridley Pla2a Office Building, the Plaza and 64th Avenue N.E. Please review the agreement for the submission to the City Council for approval. JLB/de G ( L_ -, . ...- Betveen the City of Fridley aad the Fridley 8ousing and Redevelopment Authorit� THI3 AGREEl�NT, made and entered into this day of . 1983� Dy and between the City of Fridley� Anoka County� Hinnesota� a municipal corporation organized under the laws of the State of Minnesota (hereinafter referred to as the City) and the Fridley Housing and Redevelopment authority. a public corporation organized under the larrs of the State of Ninnesota� havi�g its offices in the City of Fridley (hereinafter referred to as the HRA). WHEREA3, The HRA rrill be constructing a 166 car parking lot as part of the development of the Fridley Plaza Office Building Within Phase II of the Center City Pro�ect. WHEREAS, This parking lot xill include Dlacktop� curbing� striping and any landseaping associated With its construction. WHEREAS, The HRA Will De doing work on the existing City parking lot to ensure a better match and coordination of the two parking area�. i�HEREAS� The City xill Denefit from the development of this parking lot through the provision of a nex improved parking facility with shared parking opportunities to increase the City's functional capacity at key times. Wt1EREAS, The City previously maintained the entire portion of property being developed for the parking facility. NW TBEREFORE� For and in consideration of the mutual covenanta and agreements hereinafter contained� and other good and valuable consideration, the receipt and sufficiency xhereof are hereby acknov2edged Dy each oP tbe parties hereto; the City and HRA do hereby agree as follars: 1. That the HRA Will provide a 166 car parking facility which will be open for joint use Dy the City of Fridley and the Fridley Plaza Office Buildiag. 2. That the City shall maintain as a part of its'regular maintenance of the Civic Center property, the property oWned by the HRA on xhich the parking lot is being constructed for as long as the HRA shall own said property. (Maintenance including: sWeeping, plowing� striping, repairing and lighting of the parking lot; and moxing and trimming ot the landscape area.) ' 3. This agreement shall terminate upon transfer of tbe property from the oWnership of the HRA. 5B I� WITAIESS YHEREOF� The parties hereto bave caused this instrument to be dul� execnted as of this day and year first above writtea. � 3/0/2q/6 City of Fridle� " BY Its Hayor, William J. Ne• And Its Manager� Nasim M. Qureshi Aousing and Redevelopment Authority of Fridley By Its Chairperson� Lawrence R. Commera And Its Executive Director, Jerrold L. Boardmaa SC , , � t��o�E�\ � �� ••� .o ��.� , y�_ POLICE DEPARTMENT c�ty of F��diay Minnesote DATE JANUARY 6, 1 FROM .T_P_ HT1.I., P SUBJECT RESOLUTION AUTHORIZING PARTICIPATION IN THE MINNESOTA POLICE OFFICE RECRUITMENT SYSTEM MEMORANDUM � 6 ; ACTION� INFO Enclosed you will find a resolution authorizing participation in the Minnesota Police Officer Recruitment System and a Joint Powers Agreement. The essence of this resolution is to enlarge the current Suburban Police Recruitment System, of which we are a charter member, to a state-wide system. It is anticipated that with an enlarged base of inembers, our cost will be reduced. The change has been unanimously approved by the current members. It is my recommendation that City Council aAprove the resolution. • :ti-. � u � � L cc • o. • � • � � �: ��• i • � ►•i � � • •� •• • ��•� � ia •.. rs WHERF.AS, the City of Fridley is authorized by Minnesota Statues 471.59 to enter into joint and caoperative agree�►ents with other goverranental units; �a WHEREAS, the City currently is a menber of the Suburban Polioe Recruitment Sjisten (SPRS? , a joint powers organization formed to recruit candidates for entry-level polioe positions in the cooperating governmental units and to assist the cooperating governmental units in evaluating candidates for these positions; and W�iERF.AS, it now has been proposed that the SPRS be reformed on a statewi8e basis, and a Joint and Cooperative Agreement accomplishing such a reformation has been presented to and reviewed by this City Council; and WHERFAS, this Council has determined that it will be advantageous to the City to participate in the reformed organization= Ia7W, �EREFt�RE, BE IT RFSCLVID by the City Council of Fridley, Minnesota, as follaws: 1. Dissolution of the SPRS hereby is requested, with all assets of the SPRS to be transferred to the newlyformed Minnesota Polioe Recruitrnent Systen (MPRS) . 2. Zfie Mayor and the City Manager hereby are authorized to execute, on behalf of the City, the Joint and Cooperative Agreement which establishes the MPRS and which provides for City participation therein. 3. James P. Hill, Public Safety Director, and Kenneth Wilkinson, Deputy Public Safety Director, hereby are 8esignated as the City's initial Director and Alternate Director, respectively, in the N�RS. 4. Zhe City Clerk hereby is directed to file a duly executed copy of the Joint and Cooperative Agreenent as provided therein, together with a certified copy of this Resolution. PASSED A�tD ADOPTID BY T%IE CITY O�iINCII, OF THE CITY OF FRIDLEY THIS LIAY OF � 1983. WILLIAM J. I�E - MAYOR ATI'F�'P: SIDNE,'Y C. II�II�lAN - CITY CLERR 17/6 6a 0 SUBURBAN POLICE RECRUITMENT SYSTEM 109 S. BUSHAWAY ROAD • WAYZATA� MINNESOTA 55391 SUITE 220 • PHONE (612) 475•1771 January 3, 1983 Dear SPRS Member: Enclosed are two copies of the joint powers agreement which would reform the SPRS on a statewide basis. Also enclosed is a memorandum from Larry Thomgson explaining this agreement and a sample resolution for its adoption in your community. These materials are being sent to only one person within each community, so please see that they receive the proper distribu- tion. The enclosed agreement represents several months' effort on part of the SPRS. This agreement is being recommended for your approval by a unanimous vote of the SPRS Board of Directors. It also has been approved by the System's attorney, Clayton LeFevere. Please note that a resolution approving the enclosed agreement must be adopted by your community rior to March lst. A fully executed copy of this agreement, toget er wit a certified copy of the resolution, also must be received in the SPRS offices by March lst. If you have any questions regarding this matter, please feel free to contact either Larry Thompson or me. Very truly yours, `, �!t' James Lacina SPRS President � � L•�! SUBURBAN POLICE RECRUITMENT SYSTEM � 109 S. BUSHAWAY ROAD • WAYZATA� MINNESOTA 55391 f � SUITE 220 • PHONE (612) 475-1771 MEMO TO: All SPRS Members FROM: Larry Thompson, Consultant to the SPRS SUBJECT: Proposed Joint Powers Agreement Reforming the SPRS on a Statewide Basis The purpose of this memorandum is to provide you background information on the enclosed joint powers agreement, which would reform the SPRS on a statewide basis. In pa�ticular, I will try to highlight the differences between this agreement and the agreement which originally established the SPRS. Structure vf the System (Articles I, II and III) The first obvious change, of course, is that the new System would be formed on a statewide basis. Membership would not be limited to suburban, metropolitan communities. Thus, the name change to the Minnesota Police Recruitment System (MPRS). A second change is the broadening of inembership to include non-municipal law enforcement agencies which have positions comparable to that of a police officer. It is assumed that these agencies primarily would be "joint powers" poliae departments and sheriff's departments which provide community police services. In no case could an governmental unit be admitted to membership until it has�en determined that the validity of the System's evaluation process would not be impaired (Section III-4). Role of the Board of Directors (Articles IV, V and VIj Under the proposed agreement a significant amount of authority would flow through the Board of Directors to the Executive Committee. However, certain authority could not be delegated by the Board (Section VI-6), and the flow of authority to the Exective Committee could be restricted or conditioned in any manner which the Board deems appropriate. These provisions closely parallel the SPRS Board's emergency resolution dele- gating authority to the Executive Committee. • 1 The proposed agreement also compensates for the problems which have been experienced in holding SPRS Board meetings. The MPRS Board of Directors would meet on a regular basis only once per year, at which time they would adopt a budget for the following year, elect the Executive Committee, and take any other necessary action. A quorem of the MPRS Board would be the representatives of ten members. Role of the Executive Committee (Articles VII, VIII and IX) Under the proposed agreement the Executive Committee would be responsible for day-to-day operations of the MPRS, rather than the Board of Directors. While a greater amount of authority thus is delegated tothe Executive Committee, major "checks" upon the Committee become the System's budget and the restric- tions or conditions placed upon the Committee by the Board. The Executive would reflect also has been membership on critical. Committee would be expanded to nine members, who the "geographic balance" of the MPRS. Wording added to the agreement to insure a continuous the Executive Committee, as this will become Election of Officers (Article X) The officers of the MPRS would be the same as for the SPRS, except that the Executive Committee could appoint a Deputy Secretary-Treasurer. Under the proposed agreement the Board would elect an Executive Committee, and the Committee itself then would elect MPRS officers. Provisions also have been made to insure the continuity of officers. Administrative Provisions (Remaining Articles) There are few changes in remaining sections of the proposed agreement. Those changes which were made resulted from problems that have occurred under the present agreement. For example, Section XI-4 provides for the termination of a member which has not paid an amount due the MPRS, and Section XIII-1 clarifies how a member may withdraw from the MPRS -2- � • GE JOINT AND COOPERATIVE AGREEMENT MINNESOTA POLICE RECRUITMENT SYSTEM PREAMBLE. The parties hereto are governmental units of the State of Minnesota. This agreement is made and entered into pur- suant to Minnesota Statutes §471.59. I. General Purpose. The general purpose of this agreement is to establish and provide the operating framework for a joint powers organization which will recruit candidates for entry-level police positions and other comparable law enforcement positions for the cooperating governmental units and which will assist the cooperating governmental units in evaluating candidates for these positions. II. Definitions. For the purposes of this Agreement, the following words and terms shall have the meanings given them herein: Section 1. Board of Directors; Board - the Board of Directors of the Minnesota Police Recruitment System. Section 2. Executive Committee; Committee - the Executive Committee of the Minnesota Police Recruitment System. Section 3. Member - any governmental unit which has entered into this agreement and which is in compliance with the provi- sions hereof. Section 4. Minnesota Police Recruitment System (MPRS) - the joint powers organization established pursuant to this agreement. I� • GF III. Membership. Section 2. Any governmental unit in the State of Minnesota whfch provides police services or other comparable law enforce- ment services shall be eligible to become a member of the MPRS. Section 2. Charter members of the MPRS shall be those governmental units which join the organization prior to March 2, 1983, and which at that time are members of the Suburban Police Recruitment System (SPRS) or have valid contracts for services with the SPRS. Section 3. Any governmental unit eligible to become a charter member of the MPRS may indicate its desire to do so by filing a duly executed copy of this agreement with the Suburban Police Recruitment System, 109 South Bushaway Road, Wayzata, MN 55391. Said agreement shall be accompanied by a certified copy of a resolution adopted by the governing body of that governmental unit authorizing execution of this agreement and designating that unit's initial Director and Alternate Director. This agreement shall become effective when it has been duly executed by ten eli- gible governmental units and when copies of the agreements from these units have been filed as set forth herein. Section 4. Governmental units desiring to join the MPRS on or a£ter March l, 1983, shall be admitted upon a favorable vote of the Executive Committee. However, no governmental unit shall be admitted to membership until the Executive Committee has determined that such admission would not be likely to result in impairing the validity of the MPRS evaluation process. The Board -2- . . 6G of Directors and the Executive Committee may impose such other conditions upon the admission of inembers, other than charter mem- bers, as either deems appropriate. IV. Board of Directors. Section l. The governing body of the MPRS shall be its Board of Directors. Each MPRS member shall be entitled to appoint one Director to the Board, who shall have one vote. Each member also shall be entitled to appoint one Alternate Director to the Board, who may attend meetings of the Board and who may vote in the absence of that member's Director. Section 2. Directors and Alternate Directors shall be appointed by a resolution of each member's governing body. Section 3. The MPRS shall be notified of the appointment of a Director or an Alternate Director by the appointing member filing with the Secretary-Treasurer a copy of the resolution making the appointment. Accompanying this resolution shall be the mailing address of the person so appointed, to be used by the Secretary-Treasurer as that person's official address for the purpose of giving any notice required either by this agreement or by bylaws of the Board. Section 4. Directors and Alternate Directors shall be appointed to serve until their successors are appointed and qualified. Section 5. A Director or Alternate Director may be removed from the Board at any time, with or without cause, by a resolu- tion of the governing body originally appointing that person to -3- , . SH the Board. The MPRS shall be notified of the removal of a Director or Alternate Director by the removing member filing with the Secretary-Treasurer a copy of the resolution effecting said removal. Section 6. Any vacancy on the Board shall be filled by the governing body of the member whose position on the Board is vacant. Section 7. There shall be no voting by proxy. All votes must be cast in person at Board meetings by a member's Director or Alternate Director. Section 8. If at any time a member is in default on any agreement with the MPRS or is in arrears on any dues or charges of the MPRS, during the existence of such default or arrearage the voting rights of that member shall be suspended. V. Meetings of the Board. Section 1. The first meeting of the Board shall be held during the month of March, 1983. At this meeting the Board sha�l elect its first Executive Committee. Thereafter, a regular annual meeting of the Board shall be held each year during the months of August.or September to elect a new Executive Committee, to adopt an annual budget for the following year, and to act upon any other matters coming before it. Section 2. A quorum at any meeting of the Board shall be the Directors or Alternate Directors of ten (10) MPRS members in good standing. -4- u Section 3. At the first meeting of the Board, or as soon thereafter as is reasonably possible, the Board shall adopt bylaws governing its meetings and procedures. Such bylaws may be amended from time to time as provided therein. Section 4. The specific date, time and location of annual and special meetings of the Board shall be determined by the Executive Committee. Section 5. Notice of the annual meeting of the Board shall be mailed to the Directors and Alternate Directors by the Secretary-Treasurer at least fifteen (15) days in advance of the meeting, and an agenda for the meeting shall accompany the notice. However, business at the Board's annual meeting shall not be limited to matters set forth on the agenda. Section 6. Special meetings of the Board shall be called by the President, by the Executive Committee, or by the Secretary- Treasurer upon the written request of ten Directors. Notice of a special meeting of the Board shall be mailed to the Directors and Alternate Directors by the Secretary-Treasurer at least five (5) days in advance of the meeting, and an agenda for the meeting shall accompany the notice. Business at special meetings of the Board shall be limited to matters set forth on the agenda. VI. Powers and Duties of the Board. Section 1. The Board shall take such action as it deems necessary and appropriate to accomplish the general purposes of the MPRS and to provide the services contemplated herein. Such -5- 6I . . 6J action shall include, but not be limited to, the establishment and operation of a cooperative recruitment and placement system for entry-level police positions and other comparable law enfor- cement positions and the establishment and operation of uniform testing and evaluation procedures for these positions. These activities and any other activities authorized by this agreement or authorized at an annual or special meeting of the Board may be undertaken in any one or more of the methods outlined herein. Section 2. The Board shall have full control over and man- agement of its affairs, which shall include the powers (a) to enter into contracts, leases or similar agreements with others; (b) to provide for the prosecution, defense or other par- ticipation in actions or proceedings at law in which it may have an interest; (c) to employ such persons as it deems necessary on a full-time, part-time or consulting basis; (d) to conduct research into any police selection matter; (e) to purchase, hold and dispose of property, both real and personal; and (f) to contract for space, commodities or personal services with any member or group of inembers. Section 3. The Board shall have the authority to establish a method for sharing operating costs of the MPRS. This authority shall include, but not be limited to, the establishment of inem- bership dues and fees, charges for services to members or non- members, and charges for services to applicants or potential applicants for employment. However, any charges to applicants or potential applicants for employment shall be limited to the _6_ organization's actual cost of administering and scoring candidate testing and evaluation procedures. Section 4. The Board may accept gifts, may apply for and use grants or loans of money or other property from the state or federal governments or from any other governmental unit, may enter into any agreements required in connection therewith, and may hold, use and dispose of such moneys or property in accor- dance with the terms of the gift, grant, loan or agreement relating thereto. Section 5. The Board shall adopt an annual budget for the MPRS, in accordance with the applicable provisions of this agreement. Said budget shall provide the operating framework for the MPRS each year, and the collection and expenditure of funds contemplated therein may be conditioned in any such additional manner as the Board deems appropriate. Section 6. The Board may delegate authority to the Executive Committee between Board meetings, which may be conditioned in any such manner as it deems appropriate. However, the Board may not delegate its authority to increase membership dues or other charges to members, to adopt an annual budget, to terminate mem- bers, to elect an Executive Committee or to change representation on the Executive Committee. ' Section 7. The Board may restrict any authority otherwise given to the Executive Committee by this agreement in any such manner as it deems appropriate. Any such rest�iction of author- ity shall be made by a resolution of the Board. -7- � � Section 8. The Board may exercise such other powers and duties as are incidental to the above powezs and duties, but which may be required to implement and carry out this agreement. VII. Executive Committee. Section 1. The Board shall have an Executive Committee con- sisting of nine directors, who shall be elected at the first meeting of the Board held during the month of March, 1983. Thereafter, the Executive Committee shall be elected by the Board on an annual basis at its regular annual meeting. Section 2. Representation on the Executive Committee shall provide geographic balance, to the extent reasonably possible, reflecting the actual membership of the MPRS. Initial represen- tation on the Executive Committee shall be on the following basis: From Anoka County - one member From Dakota County - one member From Hennepin County - two members From Ramsey County - one member From Washington County - one member From Carver and Scott Counties - one member From outside the seven-county metropolitan area - two members Methods for achieving balanced presentation on the Executive Committee shall be considered by the Board from time to time, and such representation may be changed by the Board at any annual or special meeting. -8- 6L ❑ � Section 3y A vacancy shall occur on the Executive Committee in the following instances: (a) Upon the resignation or death of a Committee member; or (b) In the case of a Committee member who was an employee of a member governmental unit at the time of his/her election to the Committee, upon his/her ceasing to be an employee of that member. Upon such an occurrence the Executive Committee shall fill the vacancy on an interim basis until the next meeting of the Board, notwithstanding the provisions of Section VI-6 hereof. VIII. Meetings of the Eaecutive Committee. Section 1. The Executive Committee shall meet as soon as reasonably possible following the first meeting of the Board. Thereafter, it shall meet as often as necessary to insure the continued efficient operation of the MPRS. Section 2. A quorum at any meeting of the Executive Committee shall be five Committee members. Section 3. The Executive Committee may adopt bylaws governing its own meetings and procedures. Such bylaws, if adopted, shall be subject to this agreement, to the bylaws of the Board, and to any applicable resolution or other directive of the Board. Section 4. The Executive Committee shall meet at the call of the President or upon the call of any two other members of the Committee. The date, time and location of a Committee meeting sY►all be established by the person or persons calling the -9- � meeting. At least forty-eight (48) hours advance notice of any meeting of the Executive Committee shall be given to all members of the Committee by said person or persons. IX. Powers and Duties of the Executive Committee. Section l. The Executive Committee shall be responsible for day-to-day operations of the MPRS. Subject to provisions of the adopted budget and to any other restrictions placed upon its authority by the Board, the Executive Committee shall have those powers given to the Board in Section VI-2 of this agreement. Section 2. Each year the Eaecutive �ommittee shall prepare a proposed budget for the MPRS for the ensuing calendar year, which shall be submitted to the Board at least fifteen (15) days in advance of the Board's annual meeting. The Executive Committee shall receive and disburse funds of the MPRS in accordance with the final budget for the organization subsequently adopted by the Board and in accordance with any other restrictions or directives of the Board relative thereto. The letting of contracts, the making of purchases and the disbursement of funds also shall be made in accordance with Minnesota Statutes §471.59, Subdivision 3, as far as practicable with the methods provided by law for statutory cities, and with all applicable bylaws of the MPRS. Section 3. The Executive Committee shall cause an indepen- dent audit to be made of the MPRS each year, and it shall make an annual financial report in writing to MPRS members as soon as reasonably possible following the end of each year. The books and records of the MPRS also shall be available and open to exam- ination by MPRS members at any reasonable time during the year. -10- l� Section 4. �Subject to provisions of the adopted budget and to any other restrictions placed upon it by the Board, the Executive Committee may appoint, fix the conditions of employ- ment and remove any employee of the MPRS, and it may negotiate and enter into contracts with consultants and contractors to the MPRS. The Executive Committee shall direct and supervise the activities of all employees of the MPRS and of all consultants and contractors to the MPRS. Section 5. The Executive Committee shall exercise those powers and duties which specifically are delegated to it by the Board, subject to such conditions and restrictions as may be placed upon it by the Board. The Executive Committee also may exercise such other powers and duties as are incidental to the above powers and duties, which are not otherwise restricted and which may be required to implement and carry out its respon- sibilities. X. Officers. Section l. The officers of the MPRS shall consist of a Pzesident, a Vice President and a Secretary-Treasurer, all of whom shall be elected from the membership of the Executive Committee. These officers shall be elected by the Committee at its first meeting following the Board meeting of March, 1983. Thereafter, they shall be elected by the Committee at its first meeting following the regular annual meeting of the Board, which shall occur soon as reasonably possible. Section 2. Upon the resignation of an officer or upon an officer's ceasing to be a member of the Executive Committee, as -11- � �J � • 6P � provided in Section VII-3 hereof, a vacancy shall occur in that office. Upon such an occurrence the Committee shall fill the vacant position at its next meeting. Section 3. The President shall preside at all meetings of the Board and of the Executive Committee. The Vice President shall act as President in the absence of the President. Section 4. The Secretary-Treasurer shall be responsible for keeping a record of all proceedings of the Board and of the Executive Committee, for the custody of all MPRS funds, for the keeping of all financial records of the MPRS, and for such other matters as may be delegated to this position by the Board or by the Committee. The Executive Committee may designate one of its members as a Deputy Secretary-Treasurer,'to serve in the absence or disability of the Secretary-Treasurer and to assist the Secretary-Treasurer in such a manner as it deems appropriate. Section 5. The President or Vice President and the Secretary- Treasurer or Deputy Secretary-Treasurer shall sign all vouchers disbursing funds of the MPRS. XI. Financial Matters. Section 1. The fiscal year for the MPRS shall be the calendar year. Section 2. An annual budget for the MPRS shall be adopted by the Board at its regular annual meeting, as provided in Section VI-5 hereof. Notice of the adopted budget shall be mailed promptly thereafter to the chief administrative officer of each member. This budget shall be deemed approved by each member -12- n unless, prior to December lst of that year, a member gives writ- ten notice to the Secretary-Treasurer that it is withdrawing from the MPRS at the end of the year, in accordance with Section XIII-1 hereof. Section 3. Billings from the MPRS to members shall be due and payable within thirty (30) days of being rendered. In the event of a dispute regarding an amount which is due and payable, a member nevertheless shall make the payment in order to preserve its membership status, but such payment may be made under protest and without prejudice to dispute the bill and to exercise any remedies available to it. Section 4. Any member whose bill has not been paid within sixty (60) days afte= a billing shall be in default, and that member's voting privileges shall be suspended, as provided in Section iV-8 hereof. Any member whose bill has not been paid within one hundred twenty (120) days after a billing may have its membership in the MPRS terminated by the Board. XII. Administrator. Section 1. An administrator of the MPRS may be appointed by the Board or by the Executive Committee, upon specific authoriza- tion by the Board. Such an admministrator may be employed on a full-time, part-time or consulting basis. Section 2. An administrator, if appointed, shall have only those powers and duties which specifically are delegated to himfher by the Executive Committee. An administrator shall report to the Executive Committee, which shall be responsible for directing and supervising his/her activities. -13- • ! . 6R XIII. Withdrawal. , Section 1. Any member may withdraw from the MPRS upon thirty (30) days written notice to the Secretary-Treasurer. Such notice shall be accompanied by a certified copy of a resolution adopted by the governing body of that member authorizing its withdrawal from membership. Section 2. The withdrawal of a member shall not affect that member's obligatian to pay any fees or charges for which it may be obligated under this agreement. XIV. Dissolution. Section 1. The MPRS may be dissolved by a two-thirds (2/3) vote of all MPRS members in good standing. Such a dissolution shall be required when the Secretary-Treasurer has received cer- tifie8 copies of resolutions adopted by the governing bodies of the required number of inembers requesting dissolution of the MPRS. Section 2. In the event of a dissolution, the Executive Committee shall determine the measures necessary to effect the dissolution and shall provide for the taking of such measures as promptly as circumstances permit, subject to the provisions of this agreement. Section 3. In the event of a dissolution, following the payment of all outstanding obligations, all assets of the MPRS shall be distributed amang the then existing members in direct proportion to their cumulative annual membership contributions. -14- Should such obligations exceed assets of the MPRS, the net defi- cit of the MPRS shall be charged to and paid by the then existing members in direct proportion to their cumulative annual mem- bership contributions. XV. Duration. Z'his agreement shall continue in effect indef- _^_ initely, unless terminated in accordance with the terms hereof. IN WITNESS WHEREOF, the undersigned governmental unit has caused this agreement to be executed and delivered on its behalf. IN THE PRESENCE OF: RECEIVED AND FILED by the MPRS this day of , 19 . GOVERNMENTAL UNIT: By �a -15- MAYOR (Title) CITY P�IANAGER (Title) 6S RE9(I,iTl'IDN I�U. ._ — 1983 I: � � /r��.� �i�� : 1.7:11,_ � t)�1 M�• ; i�✓: 1 , 11 `li�; �:�1. WHEREAS, it appears to the City Council of the City of Fridley that the streets hereinafter described should be designated as Municipal State Aid Streets tmder the provisions of the Minnesota Laws of 1967, Chapter 162. N�W, 4NgtEf�RE, BE IT RESCLVID, by the City Council of the City of Fridley, Co�uity of Anoka, that the streets described as follvws, tA-witt MtJATICIPAL STAZ'E AID S'II2Ef,T I�. UNNERSITY AVi2�1[1E «ST S�NICE LEt1VE F�CNi 83RD AVFNUE ZO 85Z�1 AVEN[JE l�3TTICIPAL STATE AID SZREET I�. A�t•Q��RCE LANE FR(�'9 73RD AVII�lI7E ZU OSHORI� RC�iD MCTNlCI PAL STATE AID S'�tE�T I�U. STN SII2EE,T FRC�+! �lISSISSIPPI ST. ZO 615T AVIIJ�IE I�IIJNICIPAL STATE AID S'�tEET I�U. BB3JAMII�I SIXEET FRCM GARDE:t�lA AVII3tJ8 ZD RICE �tEEK �iQAD be and hereby are established, locatecl and desi�ated the Municipal State Aid Streets of said City, subject to the approval of the Ca�nissiorer of Highways of the State of Minnesota. SE IT FVirI'HIIt RE50LVID, that the City Clerk is hereby authorized and directed to forward two oertified copies of this resolution to the Commissioner of Highways for his o�nsi3eration, and that upon his appraval of the designation of said streets or portion thereof, tiiat the same be constructed, improved, and maintained as the Munici�l State Aid Streets of the City of Fridley, to be n�rnbered and la�awn as Municipal State Aid Streets respectively. PASSED AND ADOPTID BY Z4iE CITY �[)NCIL OF ZIiE CITY OF FRIDI�EY ZHIS nAY OF , 1983. WD.Z�IAM J. I�E — MAYOR ATTFSTs SIR1E.'Y C. Il�•3AN — CITY CLERR 2/?J17/1 � . �� - �'-� .. 1 �' j�`. � �:�-rj= � i1 _ •� �.� , ' '.� :, : �. �.. ••�� b .i7�`'. e�� yr�+ .r �--7- a j � . �_�•..•J:.i.� ��, 4, ' i� �r• C :'. • ; • i �- y � � ' I�.�,o � �';.:::�:i.;=.� �z :�� ,`' ,_ , � :� , � __ � t ��,,,,,,� �-- � ►y � � `i' ., _ _ __ F ` 3 _ tr -, t. ; - �,,'„� = -- � .��=� � � �� • '1� 1� � � . ' �� '�.. . `�i`_ '► � === _"'"r=�. = ,_ --_ � fi � �� . _ _ - , .. 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"�� _`'� .� �� _� _,:�j��;�....�-- _ �i; � �� :_ . ; i S _ - 1 `' `��r ;L~- �,V.=--�_�-=-- '� -� � _`� I.�-� - �, , � i� � _ _ _ . _ _ ,... � . ;;, • __. . __ = ' __ _ �� " =i � � - _ - —_ ; _- ' _ - 4 ='� -- -. f �i �- - - � : _ : -- . _ _ ; l i . =-- _ = `_ � =_ . -�.- �� I:l `_ . __ : ;_= ..- __ __ ' v. �`, _-�!� ,:. ___ . -- - _=_ : -_ - �` . o -�'-��,.-:: .;:: == � == - ==_ __~ . =- _ � — � � �_ - , ; . � __ . _ _ - - _ . _ :_:. _ == —=� ; .-- - _= . -_- _ — � -- .... ! D i � � +� _ = � - : _- =_ - °_ °-= - - - � -- - __ - ' __ .. _-- . _4-.. _- - _- �_.. . _ . - _ , '�'�l._ _= _ __ -. =_= - .:... . == - =`_ • � �" ♦�� STREET MAP-CITY OF �-� �� !�=�, F FRIDLEY :: -- =__ _ p � �_� ��. �C_ _ � � � ��_ .r...�:.r tr.. • �r' . - :�.� � -c- a 7A University Avenue West Service Drivc Commerce Lane Sth Street amin Street FOR CONCURRENCE BY THE CITY COUNCII - C LAII"S CLAI�� l'P;BERS 361500 - 020S6C ', �• . � � 9 F.OR CONCURRENCE 8Y THE CITY COUNCIL — �j�,`�$ Januar�r 24, 1983 • Type of License: B� Approved By: Fees: On Sale Liquor � Stuart Anderson's Saga Enterprises James P. Hill •- 5400.00 Cattle Co. Restaurant Public Safety Director (Investigation 57th & University Ave.N.E. Fees) Frid�y, Mn. 55432 • a � . � F.OR CONCURRENCE 8Y THE CITY COUNCtL - �c�vsES 9 �' JANUARY 24, 1983 GAS SERVICES • Peterson Pinney •1917 - 2nd Ave�ue South Anoka, MN 55303 GENERAL CO2ITRAC'POR Arrow Builders, Inc. 1 West RQad Circle Pines, M►V 55014 Bill Neisen Construction Co. 418 Holly Hock Iane Iiopkins, tR�l 55343 Roqer Harju Construction 10800 Xavis Street �on Rapids, Pitd 55433 HEATING Neil Heatirg & Air Cond. Box 29292 Minneapolis, MN 55429 Northwestern Service, Inc. 2296 Territorial Road St. Paul , Mt1 55114 Peterson Pinney 1917 - 2nd Avenue South Anoka, NiN 55303 By: Lauren Turnquist By: Robert Bergren By: Bill lleisen By: Roger Harju By: Neil Olson By: Frank Oslund By: Lauren TUrnquist � APPROVED BY WILLIAM SANDIN Plbg.-Htg. Insp. DARREL CLARK Chief Bldg. Ofc. DARREL CLARK Chief B1dR. Ofc. UARREL CLARK Chief Bldg. Ofc. �JILLIAM SANDIN Plbg.-Htg. Insp. F7ILLIN! SIWDIN P1bcJ.-Iitg. Insp. I•]ILLIAtt S7,2IDIN Plbq.-Ht�. Insp. • � FOR CONCURRENCE BY THE CITY COUNCIL - RESIDENTIAL RENTAL PROPER7Y January 24, 1983 OWNER LOCATION OF BLOG. UNITS FEE APPROYED BY Kirk. G. 5 Carol M. Herman 243 Ely Street NE I �12.00 Steven J. Olson, 610 - 57th Ave. NE Environ. Ofcr. Fridley, MN 55432 . 0 FOR CONCURRENCE 8Y THE CITY COUNCIL - EST I N'�ATES Simth, Juster, Feikema, Malmon & Haskvitz 1250 8uilders Exchange Euilding Minneapolis, M�� 55402 ' For legal services rendered as City Prosecutor � for the month of December, 1982 :�4,200.00 E. A. Hickok & Associates 545 Indian Mound 6Jayzata, MN 55391 Professional Services, December, 19E2 Moore Lake Restoration Project $ 774.69 10 lo a ::- _� . STATEMENT � SMITH, JUSTEfi, FEIKEAr,A, MAiMON b HASKVI?Z ATTORNEYS AT LAW I2S0 BUILDERS ExCMANGE BIOG. MINNEAPOLIS. MINNESOTA SS402 �79-34i1 SUBURBAN OFi{CE Fq1oLEr rCity of Fridley , 6431 University Avenue N. E. Fridley. Minnesota 55432 Attention: Mr. Nasim Qureshi, . L City Manager J CJN�►�wst wi��ww tw�t �ows�ow �»w .e,,. ,..,,.,., CATE � � � � BALANCE FOflWAROED fRO�! LAST S7ATEMENT 1-10-83 For legal services rendered as Prosecutor for the City of Fridley during December, 1982. Representation of City of Fridley in court 12-02-82 (C.H.); 12-07-82 (Anoka); 12-14-82 (Anoka; 12-16-82 (C.H.); 12-21-82 (Anoka); 12-23-82 (C.H.); and 12-30-82 (C.H.) for 28 jury trials, 17 gross misdemeanor appearances and 68 misdemeanor court trials. (58 hours}. Preparation of 50 formal misdemeanor criminal complaints 8 formal gross misdemeanor criminal complaints and 3 office conferences. (21 hours). Administration - Review of Zoning Ordinance. (2 hours) TOTAL TIME (81 hours). December, 1982 Retainer �1,650.00 $1,650.00 (51 hrs� Time in Excess of Retainer 2,550.00 E4,200.00 SMITM, JUSTER, fEIKEMA. MALMp�-�rn4S1t1/1T2 •r�e.ra�s �r a�� t��osR�\� . � 1 . ,;; a�� s- DATE. FROM SUBJECT POLICE DEPARTMENT c�ty of F��aiey Minnesote JANUARY 20, 19$3 PUBLIC SAFETY DIRECTOR, J.P.H SUBURBAN NORTH BOXING CLUB REQUEST 11 MEMORANDUM TO ACTION INFO NASIM QURESHI, CITY MGR. There are no city licenses or permits required of the Suburban North Boxing Club to hold an ameteur Golden Glove Boxing Show in Fridley. Apparently there is some State requirement that written permission be acquired from the city. There appears to be no reason not to grant such written permission. JPH/sa .. . . :- � . -. . .. , � . . � January 10, 1983 � � • - . f . � . . i • �. Fridley Ad�os. Oifice 6431 IIniversity Ave N.E: Fridley, Nion. . , .-. ,. . 11 A , ` - :,._. : . . �. � �. .: , . .'. Sir: The Suburban North Boxing Club� located at Edgewood Community School in Mounde View. We have about ?0 young boxers registered �ith our Club. As coach of the Suburban North Boxing C1uD, I'm planning a amateur Golden Glove Boxing show at the Fridley Vfllt Bst 363. It will be a dinner sho� with dinner at 6:00 pm and 10 bonts to follow. To do this, �e must have a amateur boxing ?ranchise. I must apply for this with the Minnesota Stat Boxing Commission. I must have written permission �rom �the-city bf Fridley enclosed with ihis application. Since�ly, � , �� '�� J � `� � Manny B 231-110th Ave.N.�. Coon Rapids, Minn. 55433 ?5?-337b � . • ,. � / �r�N P � A Q o� � • A sot�t �� ts� �� . . ! � � _� � � �. � . ,� � , � � -��- ,. _ � � , �: � � :�: ! . � ��- ii � -. _ _... �� 'w-. ��. � � � ` � ' . - a. � .�, �, � ,: F ' _... �1 B� � �� • ; � . � I 1 � �O /Gr Yrl/ � . /��1 �%� .� STATi r;F `�' ::.�'i(�T:� CF� IC� UF AT�'L�Tt:: C�'••:i1;;S1:•ti tsET�to St. :ao�. �!� � _ �. ; �•.L ;�: �� F_.�ti:. ST. PAUL� •:1';:.��QT�. S�:O1 � 11 C OFrT�'•..1L �f'YL? :►T:-:. :U F'�l" .�' . .1':q " • ' , .� . .i ;t . :(: �r'.:: . . ..... '. 'T:. � . ♦ �•.r � : . . :..... . ! . J.�es J. 0't!�ra. Execu�iv� Secret :ry T�:�pl�An�: �y;:-� ��il - ' �' � �� ( N�me of Pcrson or Or��ni�3tion _..,' l.i �(� • � �� 1 / �- - - _ � 4 [i City, Town or Vi:'a�e � , Ainat�ur ot Pref � �; s i �r.=' � ��,, /� / � — ,, �.. s, ,,.,L��c2 � 1" �`' d�l� ✓ S (.►ULE: i�:25 iN� ..�5 i�• :'.. r..: �. _ .•. ) -s .� .'... . �. 1... ...:j� If Frar�:,;;e :s �;ranceu. ::ill you sb±Cc bv �'_: ��,.: � , regula[ton� g�v��rn:n� 4:,xin� ia thi: scstc? i . ru_�s �:i� ' �ls[ rt.,�es of a! : persons f ins�cia!!y ir.�� r.�,�� 1.� :ti�� rC3RC:1:;e. 2f incorpcczced, _iv� na�c, uf of:i:�is aa cit.es. �� ' � � .��2�/ . � „_��_ Da:ed � . Any taisccpreser,cations or cisst�te:ne�ts in Chis f.�m w{: �;�. �..,x�„_q,�� 5., j�r � re jec[Son o: ap�licst_on, or cancz! l�:ion of i�ran�:� ,�� h�7E: For c�cies ot,cr �F�n of E:rst-c:ass. t'�� -:•-:-. •...• ,.:r ,:s t~.. :c.., :,r ::ity Co��ci� r..ua[.:.r enc!os�d wa:� this ira' .... .. :� � . � ,• c f�r. �f rhi5 :s 3 [l�rV.l� oi ^cls��i liccASa, iL . . . . � p� r-lission -- c:arciv • '�' � � '`�" .:c-rs� franc�ise tce �nd J .I L:� ,,.,;.�, , • , „�. •v�' ,:. .i • . ; Accepted Rejected v ORDINA�CB IIO.__ M ORDINARCH ADOPTIKC A Ni,Y CBAPTER 205 EA?I?LED tOtiItiC; A1PD REPEIILINC 1�E OLD CF3AP?ER 205 OF ?HE FRIDLET CITZ CODE IN IT3 Er1iIR8Tt SBE COOHCIL OP TBE CI?? OF FRIDLET DOES ORDAII�i �S FOLLOYS: 205•01 PORPOSB The following zoning Drovision� and tAe zoning map established here0y have Deen enacted tor the purpose of promoting the puDlic health� �afety� comfort� convenience� prosperity and genersl welfare of the City of Fridley. zos.oz cou.s 7'hese zoning regulations are intended to achieve the follcwing goals: 1. To develop ana promote the econoc�ic well Deing of the community. 2. To promote aound land management and orderly development of tbe communit�. 3. To improve and promote �afety in all tran�portation movementa in the community. 0. To promote safety trom disaaters auch as tire, flood� etc. 5. To regulate the denaity of development in the City and to en�ure adequate aervice Dy governmental tacilitiea auch as streeta� achools, recreation� fire protection� police, utility ay�tem�� drainage, etc.. 6. ?o promote the conservation and improvement of the environment througD a desiraDle and workaDle arrangement between natural feature�, land uaes, transportation and energy ayatems. T• To conservc and imDrove tbe economic value of land and building� in the commur�it�. 8. To promote an econocic Dase capaDle of �upporting a desirable �tandard of living for all residents. 9. To maintain the City•a image. 10. To provide for snd maintain a diversiiy of suitable housing and living environaents for all persona. 11. To achieve the goals and oDjective� and to guide aad direat tbe co�caunity's deve2opment Dased on the "Comprehensive Plan" as adopted by tbe City Couneil. PORPOSE cou.s 205-1 205 • 03 DEPIIiI?IOKS � For the purpose of this chapter certain terms ar�d words sre here0y detinea: �'ords u�ea le the pre�ent tense shall include the future; Word� in tb• aingular include the plural, and the plural tt�e aingular; tbe vord. "Duilding" shall include the word "atructure"; and the word "lot" aAall include the xord "plot"; snd the word "shall" i� mandatory and t�ot directory; and the word "including" shall mean "including� Dut not limited to'. . 1. Accesaor� Buildiag or O�e. A auDordinate buildin6 or uae xhich is locatcd on the aame lot as the main Duilding or u�e ia situated and is reasonaDly nece��ary and incidental to the conduct of the primsry u�e ot such main Duilding or use. 2. Alle�. A public right of vay le�s than thirty (30) feet in width which afford� secondary acces� to aDutting propert�. 3. Alternate Energ,r De�ices. Non-fo��il fuel energy devices. �. Apartment. A room or suite of rooms in a multiple Owelling vAicA is arranged� designed� used or intended to De used aa a dwelling unit for one t �) r�siy. 5. AutomoDile Service Station. A place where fuel and other e��ential services related to the operation of motor vehicle� are retailed direetlr to the puDlic on the premises not including motor vehicle repair. 6. Bicycle Lane� Md Wa�a. A designated portion of a roadway aet aaide for the excluaive uae of Dicycle� or other vehicle� propelled Dy human power and ao de�ignated Dy appropriate signs and markings. Bicycle wsr meana any path or �idewalk or portion thereof designated tor uae by Dicycles or other vehicles propelle0 Dy humaa �ower. �. Hlock. That property aDutting on one aide of a street ana lyin� Det�een the tvo nearest intersecting or interceDting streets or nearest intersecting or intercepting atreet and railroad right of way� waterxay� a� other Darrler to ar gap ir► the ocntiruity aR' develo�aent alorg s.�d� streeL 8. Boarding Houae� Rooming Or Lodging Aouae. Any duelling other than a hotel xhere aeals and lodging tor co�pensation are �rovided for tive (Si or more persons, not aembers ot the principal family therein� Dut not including a Duilding having ten (10) or more guest roema. 9. Boule�ar,d. That area betxecn the atreet aurfacing or cur� and the Fublic right of vay lin�. 10. Buildina. Iny structure having valla and a roof. Duilt for the she2ter or enclosure ot person�� animala or proDerty ot any kind. 11. Building HeigDt. The vertical distance deasured from the average elevation of a tinished grade at the fror,t ot the Duilding to the highest point of the roof in the case of a flst roof; to the deck liae of a �ansard roof; and to the mean height level Detveen eaves and ridge of a gaDle� hip or gasbrel roof. 12. Bu�ineas. Any occupation� eaployment or enterprise wberein aercAandise is exi:ibited or sold� or xhich occupies tide� attentian� labor or materials or vhere aervices are offered for coapensatioA. 205-2 DEFINITIONS 13. CDarcD. � Suilding vhere peraon� regularly aasemDle !or religious �FINITIONS vor�Dip and vhicb is maintained and controlled Ey a religious Oody organizeQ to austain puDiic �orablp. � 1�. Co�ercial Recreation. Leisure time activities offered to tne aeneral pu0lic tor a f��. � = 15. Coa�on ODen Space. Land� vater or a comDination of lan0 and �ater whicA is designed and intended for tbe uae and enjoyment of reaidents of a Qevelopment, but not including individual Duilding lots arid land acceptea for DuDlic dedication. 16. Condominius. A multiple dWelling in whicb portion� are designated for �eDarate ownership and the remainQer ot vbich is designate4 tor comIDOn owner�hip solely by tDe ouner� of these portion�. • multiple dvelling is not a condoainlum unleaa the undiviCed intereata in the coamon elemenLs are ve�ted in the unit a+ners. 17. CurD Crade. The e�taDliahed elevation of tDe curD in front ot tAe Duilding measured at the center ot auch tront. Wbere ao curD grade Aas Deen e�taDliahed, tbe City shall eataDliah �ucb curD elevation. 18. Distriet. � aection or aectioaa of the incorporated area of the City tor vhich the regulationa and proviaion� governing Lhe use of Duilding and land are uniform tor each class of use permitted tbereia. 19. Dri�exa�. A private hard�urfaced road giving accesa from a �uDlic way to s Duil0ing or aDutting grounds. 20. Drellias. A re�idential Duilding� or portion thereot, Dut not including hotel�� motels� Doarding or rooming Damea. recreational vehiclea or tents. 21. D�elling� Nultipl�. A Duilding or portion thereof designed !or occupancy Dy two (2) or more tamilie� Iiving lndependently of eacA other. 22. Dvelling� One-Famil�. A detached Duilding designed exclusively for occupancy Dy one (1) tamil�. 23. Arelling� Tro-Fasil�. A Duildirig de�igned exclu�ively tor occupanc� Dy trro (2) families liviag independently of eacD other. 2b. Dvel'ling Oait. A single unit providing eomplete independent livins facilitiea for one (i) or more peraons Snc2uding permanent provisi ons for living, aleeping� eating, cooking and �anitatioa. 25. Familf. Iln individual or two (2) or more per�on� related by Olood. marriage or adoption, inc2ading to�ter cAildren ana Donafide demesLic servant�� aubject to the following conditiorss: 1. Kore than five (5) unrelated persons living in a dwelling unit sball not constitute a famil�. 8. � group hone vhich ia a federal tax exemDt nonprofit organization shall not con�titute a famil� if the total per�ons other than the live-in ataff or priacipal occupant exceeds five (5). 26. Carage, Hear� Dut� Repair. A place wbere ma�or repair of motor vehiclea Iicensed at category "G " or aDove or aimilar weight equipment occurs. 2Q5-3 27• Carage� Private. M acce��ory �uilding or accea�ory porLioa ot tde DEFINITIqJS Drincipal Duilding which is uaed to atore motor vehiclts or other personal property of tAe resident of the propert�. 28. Carage� PuDlio. A Duilding u�ed for tLe �ale of new or u�ed motor vehicles or wbere auch vehiclea are parked or atored for a remuneratioa oe� repair vithin the atructure as a service acce�aory to the maia uaa. 29. 6arage, Repair. A �lace where ma�or repair of motor vehieles is conducted, including engine reDuilding or reconditioning and colli�ioa service including body, frame or fender straightening and overall paintina of moLor vehicle�. Service ia limited to motor vehicles licenaed belox category "G'�. 30. Crade� Fini�hed Ground. The fini�hed average ground elevation along the front wall ot the main buildie�. 31. Cue�t Roos. � room occupied D� one (1) or more gueata tor compensation in vhich no proviaion la made tor cooking� Dut not includiag roam� in a dormitory for aleeping purpoaes. 32. Heme Occupation. Any occupation or profe�aion engaged in Dy tA� occupant of a dwelling at or from the dwelling wben carried on xithin a dWelling unit and not in an acces�ory Duilding� and vbich i� elearl� incidental and �econdary to the residential u�e ot the premiaea and does not change the character thereot. ?he following are characteriatiea ot home occupation�: A. Professional offices, minor repair aervicea� photo or art atudio�� dressmaking or teaching and aimilar uses. B. Stock in trade is not stored out�ide the d►relling unit. C. Over the counter retail aales are not involve0. D. Entrance to a Aome occupation ia gained frem vithin the atructure. E. Teaching is to De limited to sis (6) �tudenta at any given time. F. Day care factlitie� aerve tea (10) or fewer peraons. C. In addition to apaces required by the occupa�nt (family)� there is not a need for more than txo (2) parking apace� at ar�y given time. H. Fbployees con�ist of inembera of tbe immediate family onit. 33• Ao�pital Or Sanitarius. An institution open to the public, in vbieb sick patient� or injured person� are given medical or aurgical care; or for the care of contagious diseases or incurable patients. 3b. Aotel. A Duilding designed tor occupancy a� a temporary abiding place of individuala r►ho are lodged, in which there are aix (6) or more gueat rocm�� and ia Which no provisions are made for cooking in any individusl room or auite. 35. Integral Part Ot � Principal Structurt. Constructed in general eonformity to the principal structure in Lerms of fr aaiing, finishing and overall u�e. 205-4 36. Junk Tard. (Aut000Dile Recycling Center) An open area where va�te and DEFINITSaNS u�ed materiala are Dought� sold� exchanged� atored, packed. diaa�semDled or sanCled sa a principal u�e� including acrap iron and other metsls� paDer� raga� ruDDer� vire snd Dottlea. A�unk yard includes an auto xrecking yard or auto aalvage �ard� �ut does not include uaes tbat ar� entirely vithin enclo�ed Duildings or City Council approved recyclina ceattra. 37. teanel. Any lot or Dremise� on vbich three (3) or more dogs or cats� or ar�y cocaDination ot three (3) or IDore aoga and cata� at lea�t siz (6) montbs of age are icept. 3B. LaDorator�. A place devoted to experimental atu0y auch as te�ting and analyzing. The term laboratory doea �ot include product manutacturins. 39. Li�ing Area. 7he area of a Duilding Qesigne0 to De used or actuallr u�ed tor living purpo�ea� including Dedrooma, aining room� living room and the like� vhich are uaually and cu�tomarily nsed tor tamily purpo�ea, as diatinguishea from any garage or other type of acceaaory apace. b0. Loading Dock. Any off-�treet area or raised platform� on the aame lot vith a Duilding or contiguous to a group of Duilding�� tor the temporary parking ot a commercial vehicle vhile loading er unloading merchandise or materials. �1. Lot. For zoning purpo�e�� a lot la a Duilding �ite of at leaat sufticient size to meet the IDinim� zoning require�ents for u�e, coverage and area and to provide �uch yarda and other open �pace� a� berein required. Such a lot shall bave trontage on a dedicateC or private street and may consiat of: A. A single lot of record or a portion of a lot of record. 8. A comDination of coc,Dlete lots ot record and/or portiona of lots of record. C. A parcel of land de�criDeC Dy metea and DounCs: provided tAat any �uDdivi�ion of any residual lot or parcel created ahall meet the require�enta of tbis chapter. A2. Lot� Corner. A lot aituated at the intersection of tvo (2) or more atreeta. A3. Lot� Deptb. The horizontal distance Detween the troni and rear lot lines measured Sn the main direction on the side lot lines. OA. Lot� Double Prontage. A lot vhich ha� opposite lot lines on two (2) streets. Both street line� shall De considered as front yard area�. �5. Lot� Froatage. Tbe front of a lot sball De that Doundary of a lot along a puDlic atreet; and for a corner lot the front shall De the ahorter lot Doundary along a street. If the diDension� ot a corner lot are xithin ten percent (tOf) of Deing equal� tbe awner aay �elect either atreet lot liAe as the iront lot line. 205- 5 �6. Lot Widtb. The horizontal distance Detxeen the side lot linea DEFIl7ITIONS measured at right anglea to the lot depth at a point equal to the minimum depth required for the front yard. q7. MoDile Aome Park. M approved area far the parkirg of occvpded moDile h�ea. b8. Notel. A �uilding or group of detached� semi-detached or attaehed Duildings containing gueat rooma� vith garage or parking apace conveniently located near each unit� and which is deaigned� u�ed or irrte�ded to be use� pria�ari]y fa� the aoa�oclation d tr�arisient irdivid�als. �9. !lotor VeDicle. Ar�y vehicle vhich is self propelled. S0� Nonconfor�ing IIse. Any Duilding, structure or land laWfully occupied Dy a use or laWfully situated at the time of the passage of this chapter or amendments thereto� xhich does not conform after the passage of this chapter or amendments tfi ereto with the regulations of this chapter for the district in which it is �ituated. 51. Nursing Aome. A State licensed facility used to provide care for the aged and infir�ed persona who require nuraing care and related servicea� Dut not including tacilities for the treatment of �ickness� injuriea or surgical care. 52. Parking Stall. A ten (10) foot xide by twenty (20) foot long area to store one (1) sutomoDile� xhich has adequate access to a pu0lic street or a11ey and permitting aatisfactory ingresa and egress of an automoDile. b'here a parking stall aDuta a curp or sidewalk the length may be reduced to eighteen (18) feet. 53• Parking Stall� Handicap. A twelve (12) foot wide Dy twenty (20) foot long area to �tore one (1) autemobile located as near as practical to the building entrance as specified in State Statutea. iJhere a parking stall abuta a curp or sidewalk the length may be reduced to eighteen (18) feet. S�t. PuDlic Facilit�. Ar�yr facility xhich is owned, operated or maintained Dy the City of Fridley or any other governmental agency. 55. publie Propert�. Any property ouned Dy the City of Fridley or any other governmental ageney. 56. Service Oae. The cleaning� xashing� ad�usting, repairing, reDuilding� overhauling or finishing of manufactured Droducts. -- 57. SetDack� Front. The �inimum distance between the front line of a lot and a structure located on that lot. 58. SetDack� Rear. The minimum distance Detween the rear line of a lot and a structure located on that lot. 59. SetDack, Side. The minimum distance betxeen the side line of a lot and a atructure located on that lot. 60. Single Family Attacbed Development. Individually owned dWelling unita vhich share a common wall and/or land such as tovnhouses� toW nhomea and condominiums. . 61. Solar Collector. A device or structure used to gather solar sunlight (radiation). 205-6 62. Sol�r Lnera�. ltadisnt enerpr (direct� diffuaed or reflected) DEFINITIO�iS received trom tD• sua. 63. Solar Laerg� De�icea. A aet of Qevicea vbose primary purpose ia to collect �olar energy an0 coavert and store it� including Deatina aAa cooling of Ouilding� ana otDer energy u�ing procesae�� or to yrodu�• generatea po�er Dy aean� ot any cooDination of collecting� trar»ferria� or converting solar enerp. � 61. Stor�. TAat part ot a Duilding included Detveen tt�e aurfac• of an� tloor and the surtsce of the ne:t tloor aDove it; it there is no lloor sDove !t� tAe apace Detween the floor and the ceiling nest sDove it. • Da�eDent is a atory tor tAe purpoaea of AeigAt regulationa if one-Aalf (t/2) or more ot tAe Daseaent 6eigAt 1� a�ove tbe level ot the ad�oiains srouad. 6S. Street. A puDlic or private tAorougAfare wAicD afforda tAe principal meana ot acce�� to the abutting propert�. 66. Streeta� irterial. A street Qe�ignea primaril� to carry trafr�o Detveen large land use unita. 67• Street�� Collector. A strcet Qesigned to carry trafi'ic trom local atreets tc the ay�tem of major atreet�� arterial atreets and Aighxays. 68. Street�� Local. A street of limited continuity uaed primarily to carry traftic to tAe aDutting propertie� and Eigher order streeti. 69• Structural Alteration. Any ct,ange� addit2on� or modification !a con�truction in tne aupporting aeaDer� of a Duilding, incluaing exterior �all�� Eearing vall�. Deam�� col�na� toundation�� girder�� floor �oists, rafters or tru�ses. T0. Structur�. Anytbin6 con�tructcd or erected� the u�e of vbicb requires location on or under ground or att�chment to aomethiag Aavin� location on or unQer grour�. 71. To�nbou�e. A unit vt�erein tbe a+ner nas title to the unit and te• underlying lana vith co�son ovnershiy of the real eatate wAicb ia not covered Dy the atructur�. 72. IIae. TAe purpose tor which land or a Duilding or atructure thereon is or is to De u�ea or occupied. 73• II�ed Car Lot. A lot containing more tDan tvo motor vehiclea on display tor tEe purpose of sal�. T�. Otilit� Ccopar�.. �rLy person, tirm, corporation� cunicipal department or poard duly authorized to furniab to the puDlie� unCer pvblic regulation, electricity� ga�� heat, pover� ateam, telephene, telegraph, tran�portation, sever� water or caDle televisioa. 75. �tilit� Dae. Tran�is�ion facilities and structures for electrie, pover� ga�, xater, aever, telephone, ana caDle television. i6. Tiaioa Satet� Zon�. 7'he triangular area of a corner lot Deginnir� at the intersection of tbe street aurtsce eage or curD lines� tbenee tort� (AO) teet along eacD curD line, tbence a�traight line Detweea tbe two �oint�� Dut never core ti�an the triangular area �easured trom twenty fi�e (25) feet frcn tbe Snteraection of tbe right ot xay lines. 7T• yalkti►a� Or SideYalk. A deaignated surtace for pedestrian use. 205-7 78. water�ray. Any natural or artificial open water pa�sageway through which surface water floxs to other areas Defore reaching a final pondiag area. 79. liind Pouer Cenerator. A windmill that converts vind energy by meana of inechanical rotation directly into mechanized or electrical energy. 80. Yard. An open space on the same lot with a main building� exeept as otherwise provided in this chapter. 81. Yard, Front. A yard extending across the full width of the lot and lying Detveen the front line of the lot and the nearest line of the principal Duilding. 82. 7ard� Rear. A yard extending acros� the full width of the lot and lying betxeen the rear line of the lot and the nearest line of the principal Duilding. � 83. Yard� Side. A yard extending acros� the full length of a lot and the sain building extending from the front yard to the rear yard and having a width equal to the shorteai distance between the aide line and the principal Duilding. 205.04 GENERAL PROYISIONS 205•041 DECLARATION OP POLIC? 1. In the interpretation and applieation of this chapter� the provi�ion� of this chapter ahall be held to be the minimum requirement� for the proaotion of the public health, safety� convenience and general welfare of the residents of the City. 2. ilhere the conditiona imposed by any provision of this chapter are either more restrictive or les� restrictive than comparable conditiona imposed Dy any law, ordinance� statute, resolution or r,egulation ot any kind, the regulations which are more restrictive or xhich impose higher standards or requirement� shall prevail. 3. No structure shall be erected� converted� enlarged, reconatructed or altered� and no atructure or land shall be u�ed for any purpose or in any manner xhich is not in conformity xith the provisions of this chapter. 205.0�12 SEVERABILI?Y It is hereby declared to De the intention of the City that the provisions of this chapter are severable in accordance xith the following: i. If any court of competent jurisdiction shall adjudge any proviaion of thi� chapter to be invalid� such judgement �hall not arreot any other provisions of this chapter not specifically included in said �udgement. 2. If any court of competent jurisdictioa shall adjudge invalid the application of any provision of this chapter to i particular property, building or other structure, such judgement shall not affect the application ot said provision to any other property. building or structure not specifically included in aaid �udgement. 205-8 GE:�?iAI, P ROt,�I S I A•t5 CENERAL PROVISIONS DECLARATION Of POLICY SEF ERAB II.IT2 205.043 NOpCONFORHING IISE.4 AND STRIICI�RFS 1. Any �tructure or u�e lawfully ezi�ting upon the eftective date of this chapter may De continued a!'ter auch date except as hereinatter �pecified or a� allowed under apecial district requirementa. 2. Hothing in tbi� chapter shall prevent the upgrading of a nonconforming �tructure to a aafe condition xhen said atructure i� declared unaafe Dy the City, provided the necessary repairs �hall not constitute more than fifty percent (50�) of the fair market value of �uch structure. 3. lihenever tAs nonconforming use of a�tructure is chaeged to a uae permitted in a more restricted di�trict� auch use ahall not thereaf ter De changed to a use permitted in a les� restricted district. 4. Whenever a lawful noncont'orming structure shall have been damaged by tire, flood� explosion� earthquake� tornado, riot� or act of Cod� it may be reconstructed and used a� Defore it it ia reconstructed within twelve (12) montha after auch calamity� unles� the damage to the building or structure is fitty percent (50x) or more of its pre�ent tair market value. a� determined Dy the City� in wbich ease the reconatruction shall De for a uae in accordance with the provisions of this chapter. 5. Wbenever a lawful nonconforming u�e of a structure or land la discontinued for a period of twelve (12) montbs, any future use of said atructure or land ahall De in conformity rith the provi�ions of thia chapter. 6. Such noneonforming u�e shall not be moved to anq part of the parcel of land upon which the same wa� conducted at the time of the adoption of thia chapter. 7. Any �tructure which will under this chapter. become nonconforming Dut tor vhich a builGing permit ha� Deen laxfully granted prior to the effective date ofthis chapter or of amendmenta thereto, may De completed in accordance xith the approved plans: provided conatruction ia atarted within siz (6) montha of the effective date of this chapter or amendments thereof and continuea to completion within two (2) year�. Such atructure shall thereafter be a legal nonconforming structure. 8. Normal maintenance ot a Duilding or other atructure containing or related to a lawful nonconforming uae is permitted, including nece��ary nonstructural repaira and incidental alterationa which do not extend or intensify the nonconf'orming uae. 9. Alterations may De made to a Duilding containing laxful nonconf orming re�idential units when they will improve the livability thereof. provided they vill not increase the number of dwelling units or aize ot t6e Duilding. 10. ?he provisiona herein for the continuance of nonconforming uaes sball not prevent or interfere vith action that may be taken to abate an� nuisance in any manner provided Dy lav. ii. ATMy atructure or any portion of which i� aituated unlawfull� within a public street or alley or other puDlic way or thoroughfare� i� hereby declared to De a nonconforming use� vhether or not its use is otherwiae in conformity srith the regulations of the district ia which said atrueture ia NO`7CON FORMI NG USES I1ND STRI: CT lJRES 205-9 GEI�RAL located. Ariy such structure ahall be subject to any aad all applicable pROVISIONS regvlationa herein for nonconforming u�e� except in the event the City Council ahall require removal ot the atructure or portion thereof tor a public purpose in which ease auch requirement shall prevail. 12. ?he provision� ot this ehapter ahsli pertain to all lawtul nonconforming uaea or structures aa applicable and apecificall� to tb• performance atandards outlined in the establiahed districta. 205.OA4 BUILDI!�G 3IT8 BDII.DIN�i SI?B t. No �uilding �ite ahall De �o reduced or diminiahed� nor ahall any atructure be �o enlargeQ or moved� as to reduce or diminish the yards� lot area or open apace required herein in the district in khich located. No yard or other open �pace required for any buildir�g �hall be con�idered a� providing a yard or open space for any other Duilding� and no yard or open space on an adjoining lot or parcel or property �hall be ao considered as providing a yard or open �pace on a lot whereon a building i� to be erected. 2. Only one (1) prineipal Duilding ahall De located on a Duildable R-1 lot. 3. Every lot� in order to be built on, ahall have at least one (1) lot line which aDuts for not le�a than txenty-tive (25i teeL along a publie atreet or along a permanent� unob�tructed easement of access to the lot trvm a pu0lic �treet as approved Dy the City aa adequate for the purpoae. 0. Where no curD elevation has been e�taDli�hed, the City shall furnish auch elevationa. If elevations are not availaDle� the City �hall approve the elevation ot the building and the drainage plan Defore a Duilding permit is i��ued. 5. Sidewalk� or provision for �idewalks xill be required on all major tAoroughfare� and collector atreets. The City will furnish the elevation for a sider+alk ahelf� which is to De put at grade at the time a building is conatructed on the property. The �idewalk ahelf vill provide the owner with an approximate finish grade for a future �idewalk. 6. Easementa !'or Dikeuays shall �e provided on those lota designated along Dikeway trail corridors a� noted in the City'a Bikeuay Plan. The City xill designate the required xidth of easement� and elevation� for gradea at the time a Duilding i� constructed on the property. The bikexay �helf will provide the owner xith an approximate finish grade tor s tuture bikeway path. 7. idhere the front yard setback of exi�ting Duildinga vithin a distance ot 100 feet on both �ides of a atructure to be erected is more than the minimum front yard setDack required, then the setback tor such a building can De �ix (6) feet more or less of this meaa depth Dut in no case �Aall it De less than the required minimum setback. 8. In eomputing tbe depth of a rear yard tor u�jr building where the resr line of the lot adJoina an alley, one half (1/2) of the width of such alley may De included a� rear yard depth, provided that the rear yard deptb actually oa the lot shall not be leas than twenty (20) teet in any residential district and not les� than tWenty-five (25) teet in any other district. 9. No Iand shall De developed and no u�e shall De permitted tQat reaults in xater run-otf causing flooding� eroaion or depo�its of mineral� oa adjacent properties xhich exceeds the rate of undeveloped laad for a twenty-tour (24) hour storm with a frequency of 100 year�. Such run-of t shall De properly channeled into a storm drain water course ponding area or other public facility for that purpo�e. Any change in grade affecting vater run-oft on to adjacent property must be approved Dy the Cit�. 10. The atandards establiahed herein aerve� among the other purpose� o! this chapter, to provide each structure located on any land� a building site suitable to its particular needs as vell aa adequate areas of open space between auch structure and any adjacent Duilding� all as is deemed suitable or appropriate to eacb such Duilding or structure and their respective uses. It is also deeaed a purpose herein to provide standards which encourage use� of land and the erection of Duilding� and structures thereon in areas xhich are open, unplatted or without any aubatantial number of buildinga located therein� aa art of a type� size� atyle and design as are deemed to meet the needs of the City and its inhaDitant� for the purposea of residence� commercial u�e or industrial enterprise�; and� alao, to enable an owner� to make a reasonable u�e of a parcel of land recorded or approved prior to the enactment of this chapter and la therefore� smaller or different in type, size� atyle or de�ign from that otherwi�e required herein. 11. No change� in exterior building dimen�ions, exterior parking areaa or drainage as establi�hed in approved City plan� xill De made unless reapproved by the City. 205.045 ACCESSORY BO II.DINGS AND S?ROCiVRES i. No accessory building or structure shall De permitted on any lot prior to Lhe time of the issuance ot the building permit for the construction of the principal �tructure. 2. Accessory Duilding� and �tructures are permitted in a rear or �ide yard only� �ubJect to the follorring restrictions: A. Accessory Duilding� and �tructures in the rear y ard shall not De any eloser than three (3) feet to ar�y lot lins. H. Accesaory Duilding� and �tructures in the �ide y arda shall not De arLy closer than five (5) feet to any lot line. C. Any accessury Duilding or structure vithin three (3) feet of the principal building �hall De considered attached and a part of the principal building for applying aetDack regulations. D. Onless otherwise herein �pecified. no accessory building or structure shall exceed the beight or the size of the principal structure. E. Aceeaaory Duildinga or atructures ahall not occupy more th an thirty-five percent (35i) of the area ot a required rear yard. 3. The Duilding beight limit� for principal structures estaDlished berein for districts shall not apply to belfrie�� cupolas, dom es, spirea� monu�ent�, airrray Deacons, radio tovers, windmill�� flag polea, chimneya or 0 GEt� W►L pROVISIONS ACCESSORZ BOII.DINC Ali1D STRO CTO RES 205-11 flue�, nor Dulkheada, elevator�� water Lanka or �olea, towers and other atructure� for essential services, nor to aimilar structures or neceasar� mechanical appurtenancea extending aDove the roof ot any building and aot occupying more than txenty-five percent (25ii of the area of such roof. 205.006 RDQDIRED ?�RD ABD OPEN SPACB 1. -The following �hall not be considered an encroachment on yard and aetback requirementa: A. Tard lights and name plate �igns in the "R" district� provided aueD lighta and sign� are three (3) feet or more frcm all lot lines and meet size requirement� under the chapter of the City Code entitled "Signs". Lights for illuminating parking and loading areas or yard� for �sr�ty and security purposes may De provided where neceasary� provided that not more than Lhree (3) foot candles of light intensity is present at the property line. 8. On the primary atructure� chimneya� tlues� belt courses� sill�� pilaster�, lintela� ornamental featurea, cornice�� eave�� Daya, gutters and other aimilar projections are permitted� provided that they do not extend more than trro (2) feet into the required yard and in no in�tance in the "R" diatricta� any nearer than three (3) feet from the lot line. C. Unenclosed porche�� canopiea and step� to Duilding entrance� may extend not more than ten (10) feet into any required front or rear yard setDack� provided they do not extend nearer than five (5) feet to any lot line. D. On exi�ting �tructure�� ve�tibule� may extend not more than five (5) feet into the required yards provided they are only one (1) atory and do not exceed fifty (50) �quare feet. E. Open work fire balconiea and fire escapes may extend not more than one and one-half (1-1/2) feet into the required yard. F. A fence bordering aide and rear lot lines �hall Oe no more thsn seven (7) teet in height in any "R" DistricL or eight (8) feet in height in any other distriet. G. A fence� wall or any natural hedge or clo�ely planted vegetation that forms a barrier shall not exceed four (A) teet in height within the limita of the front yard in all "R" di�tricta, and ten (10) feet along the �ide property line if witAin ten (10) feet of a driveway acces�. In no case ahall a fence or �imilar Darrier impede visioa or cause a hazardoua condition to exist. H. On corner lota, no planting or atcuctures shall impede vision between s height of thirty (30) inche� and �even (7) feet above the curb line in ihe vision safety zone. 2. Accea� across the boulevard ia restricted to drivexays and �idexalks. 3. Easeaents for aideWalks shall be permitted at a minimum vidth of fiv (5) feet unless included xith i bikeway trail. at which time it will be a minimum fifteen (15i feet in vidth. GENE RAI, PROVISIONS RDQOIRID ?ARD �D OPEN SP�CB 205.047 EtNIRO:it�tJTAI, f�UALZTY . In order to assure compltance witb the enviror�enial quality atandarda �et forth below� the City Couneil may require the owner or operator of any use to 6ave made such inveatigation� and tests a� may De required to ahov adherence to the environaental quality �tandards. Such inve�tigation and te�ts aa are required to De made �Aall De carried out Dy aa independe�t testing organization a� may De agreed upon Dy all parties concerned or if there is failure to agree� Dy �uch independent testing organization as may Da aelected Dy the Council atter tbirty (30) day� notice. The costs incurred in having auch investigations or te�ts conducted �hall De ahared equally Dy tQe oxner or operator and the City� unless the investigation and test� disclo�e noncoopliance vith the enviror� ental quality atandard�� in xhich event the entire investigation or teating cost shail De paid by the owner or operator. This procedure shall not preclude tbe City from making any test� and investigations it finds appropriate to determine compliance with these �tandard�. 1. Ezplo�ivea. No activitie� involving the storage� utiliz ation or manuf acture of material a or product� auch as TNT, dynamite or other explo�ivea which could detonate shall De permitted except �uch a� are specitically licensed by the City Council. 2. Radiation And Electrical F�issions. No activities �hall be permitted that emit dangerous radioactivity beyond enclosed areas. There shall De no electrical disturbance (except those trom domestic household appliances) adversely atfecting the operation of any equipment other than that of the creator of such disturDance Deyond the property line. 3. Otber Nuisance CDaracteri�tie�. No noise� odors� viDration� smoke� air pollution. liquid or aolid wa�te�, heat� glare. dust or other such adverse influence� shall De permitted in any di�trict that will in any way have an objectionaDle ef tect upon adjacent or nearby property. All xastes in all districts �hall De di�po�ed of in s manner that la not dangerou� to public bealth and �afety� nor rrill damage puDlic wa�te transmission or dispo�al facilitiea. Hinimum standard� shall be aa follows: A. Noise: T6e noise standards shall comply xith the chapter entitled "Noise" ot the Fridley City Code. B. Odors: The odor standard� shall comply xith the chapter entitled "Air Quality" of the Fridley City Code. C. Yibration: Ar�► vibration discerniDle (Deyond property line) to the human sense or feeling for three minutes or more of duration in any one hour or any vibration producing an acceleration of more than 0.1 G�a or reaulting in any combination of amplitudes and trequenciea beyond the "safe" range of ?able T, Onited Statea Bureau of Mines Bulletin No. 442� *Seismic Effect� of Quarry 8lasting"� on any structure ahall be prohibited. D. Smoke: The snoke atandard� shall comply with the chapter entitled "Air Quality" of the Fridley City Code, except for xoodburni ng device� u�ed for supplemental heat. ENVIADy��YT1lL I wAC,irY 205-13 E. Air Pollution and Dust: The air pollution and duat standard� shall comply xitb the chapter entitled 'Air Quality" of the Fridley City Code. P. Toxic or Noxious Hatter: No u�e ahall. tor any period ot time� depc�it or discharge across the boundarie� of the lot wherein it is located, toxic or noxious matter of sucb concentration a� to b• detrimental to or endanger the puDlic healtb� safety� comfort or xelfare or cause injury or damage to property or Duaine�sea. 4. Eroaion. A. No erosion ahall be permitted onto neighboring Qropertie� or laLo natural �raterway�. A property oxner shall not permit the property to be used or Duilt on xithout applying all auch reasonable IDeaaures a� may De required to prevent wind or water ero�ion. The City may require reasonable aeasurea of a property orrner or developer to prevent wind or water erosion. � 8. The City may review any development plan to ensure that ero�ion and aedimentation ahall De effectively controllad. 5. Yater Follution. The discharge of raw �euage� industrial xaatea or other pollutant� into the xaterxays or lake� of the City shall be suD�ect to the regulation� of the Minnesota Pollution Control Ageney. 6. Solid Yaste. Sanitary landfill� �hall De prohiDited. 205.05 ADHIIiISTRATIO�i AAD EliFORCEt�NT 205.051 ZONING ADHItiISTRATOR The 2oning Admini�trator as deaignated Dy the City Nanager ahall provide for : i. The maintaining of permanent and current record� of this chapter including all map amendment�� conditional uae�� variancea, appeals and applications hereto. 2. ?he receiving, filing and forwarding o! all applicationa !or amendaent�� variancea� special uaes or other matters to the appropriate Coamission� and City Council. 3. Tbe issuance of all permit� and certificates required by this chapter. A. The inspeetion and examination ot all Duilding� and land� and the i�auance of written ordera reQuired in remedying any conditiona which are __ found to De in violation of this chapter. 5. • liaison to the Planning Coamisaioa and it� member Ccomis�lon�. 6. The enforcement of the decision� of the City Council pertaining to tbia ct�apter. GEt7E tiAi, PROVISIQVS ADHINISTRATION AIID ENFORCEtgNT ZOAIN6 ADMZNISTRATOR 205.052 It�NEZII?ION Areas hereinafter annexed to the City of Fridley ahall De considered to be in R-1 Diatricts, and may be changed wholly or partly to any other District or Diatricts only by an amendment or amendment� a� provided for herein except where a difterent zoning clasaification is established by and under any ordinance tor the annexation of the atfected lands. Within ninety (90) day� atter the eftective date of any annexation� the City Council aha12 eau�e necessary atudiea to be made for the determination of the need if ar�r, for any change in the zoning claasification. 205.053 A�DM�ttT TO 1�E ZONZNG ORDLi1AACS The Council. Dy a four-fifths (�/Sths) vote� may adopt amendmenta to this chapter as required. The procedure shall De as folla►s: 1. Initiation Por Aoendment. A. Any person owning real eatate may petition the City Council to amend the district Doundaries so as to affect the real eatate. B. The City Council or the Planning Coamis�ion may. upon thetr own motion� initiate a requeat to amend the text or the districting map of 2. Application For Amendment. Al1 petition� tor amendmenta �hall De filed with the City on forms provided by the City. 3. Reterral To The planning Coami�aion. Al1 petitions for amendmenta ahall vhich ahall hold an ofticial public date of filing auch petition. �. Hearing. De referred to the Planning Commisaion hearing within sixty (60) days of the A �otice of hearing ahall be puDli�hed !n the ofticial new�paper st least ten (10) day�, but not more than thirty (30) day�� prior to tha date of the hearing. • 5. Action By The Planning Casmi��lon. A. If the request is for district change, notice� ahall be mailed not leas than ten (10) days nor more than thirty (30) daya prior to the hearing to all ownera of property within 350 teet of the parcel of land included in the request. Failure of a property owner to receive notice �hall not invalidate any auch proceeding� as �et fortT� within this chapter. B. The Planning Cammis�ion shall make its recommendation to the City Council within �ixty (60) day� of the day of public hearing or within aixty (60) days of any coatinuance of auch matter granted at the applicant�s xritten request. 6. Action B� ?he Cit� Couneil. ♦. ihe City Council may not act oA a� amendment without t6e reco�mendation of the Flanning Cemmission or until sixty (60) daya have elapsed ai'ter said proposed amendment ha� been heard by the Planning Caomission. GENERAL P RO'V IS I ONS 1W �1EX ATI ON 205-1 S B. All petitions for amendmenta �hall be forxarded to tbe City Council trom the Planning Cammisaion. The City Council �hall hold an of tici al public hearing and follow the Droces� for approval of an ordinance a� required under the Fridley City Charter. C. If the request la for a district change� notice� shall pe mailed not le�� than ten (14) days nor more than thirty (30) day� prior to the hearing to all arners of property rrithin 350 feet of the Darcel of land �ncluded in the reque�t. Failure of a property owner to receive notice ahall not invalidate any auch proceeding� as aet forth aithin this ordinance. 205.054 SPECIAL IISE PERHI? 1. Purpoae. The purpoae of this aection i� to provide the City of Fridley xith a reasonaDle degree of discretion in determining the �uitaDility of certain designated uses upon the general welfare� public health and safety. In making thia determination the City may con�ider the nature of the land upon xhich the use !a to be located, the nature of the ad�oining land or Duilding�� the effect upon traffic into and from the premi�es or on any ad�oining road�, and all �uch other factors a� the City shall reaaonably deem a requisite of consideration in determining the effect of �uch use. 2. Application. Whenever this chapter reQuire� a Special Qae Permit� an application'in xriting must De filed vith the City together with �uch filing fee a� may De e�tabli�hed by the City Council and ahall De accompanied Dy a aite pla n or other documentation aa ceQuired by the City. 3. Referral To The Planning Coami�aion. The application and related tile �hall be referred to the Planning Coomission for atudy concerning the effect of the proposed uae on the Comprehensive Plan and on the character and development of the neighborhood. ?he Planning Coemisaion ahail hold an official public hearing within aixty (60) day� of the date of tiling auch petition. 4. Aearing. A notice of public hearing �hall be published in the official nexspaper st least ten (10) day� Dut not more than thirty (30) days prior to the date of the hearing. 5. Action By The Planaing Coa�iaaion. A. Notices shall be mailed to all ownera of property withia 200 feet of the parcel included in the request not les� than ten (10) days nor more than thirty (30� days prior to the hearing. Failure ot a property oWner to receive notice shall not invalidate any such Droceedings a� set torth vitbin this chapter. B. The Coc,mis�ion shall make ita recommendation to the Cit� Couneil within sixty (60) da,ys of the date ot �earing of the petition to the Planning Coemiaaion or vithin sixty (60) day� of any continuance of �uch matter granted at the applicant's xritten request. GEtiERAI,. PROVISIONS SPBCIAL OSE FERHIT 6. Councii �ctioa. GENERAL PROVISIONS A. ADproval: In conaidering applicationa for Special Dse permita under tbis Code, tbe City Council sDall consider the advice and recommendations of the Ylanning Commisaion and the effect of the proposed uae upon the health� safety and general welfare of occupanta of surrounding lands, exi�ting and anticipated traffic eondition� and the eftect on values of property in tbe surrounding area. It it is determined that the proDo�ed use will not De detrimental to the health� aatety or general welfare of tDe community� nor will cauae seriou� traffic eonge�tion nor hazard. nor will serioualy depreciate �urrounding property value�, and that the aame is in harmony rith th� general purpose and intent of the Zoni ng Code� the City Council may grant such permit and may impose conditions and �afeguard� therein Dy a favorable vote of a maJority of all membera of the Council. B. Agreement: The City Council may require a written agreement. depoait of certified check or tunda� a Dond or other a�surance of faithful oD�ervance of condition�� the violation of vhich �hall invalidate the permit and ahall De con�idered a violation of thia chapter. C. Denial: Special Use Permit� may De denied by motion of the Council and auch motion ahall con�titute that condition� required for approval do not exiat. No application Yor a Special Use permit which ha� Deen denied wholly or in part� ahall De reaubmitted for a period of six (6) montha from the date of aaid order of denial, except on new ground or new evidence or proof of change� of conditiona found to be valid Dy the Planning Coamis�ion. 7• Lapse Of A Special Dse Persit By Non-IIae. Whenever xithin one (1) year after gra�ting a Special O�e Permit, the recipient of the Special Use Permit shall not Aave completed the xork a� permitted by the permit, then auch permit shall Decome null and void unleas a petition for an extenaion of time in which to complete the vork ia granted. Such extension shall be reque�ted in writing and filed with the City at lea�t twenty (20) Eay� Defore the expiration ot the original Special Use Permit. The reQuest for extension ahall �tate fact� �howing a good faith attempt to coaplete the xork. Such petition shall be presented to the City Council for tinal action. 205.055 VARIANCES t. Appeals Cosmiaaion. The City Council created an Appeala Commis�ion to �erve a� the board ot appeal� and adjustment� and to exercise all the authority and perform all functions of aaid Doard pursuant to Hinnesota Statute 462.351 to 462.364 and operate according to the Fridley City Code. 2. Petitioa B� O�rner. A. Appeal� from Decisions on Code Entorcement: At any time xithin thirty ( 30) daya, any property arner trho feel� aggrieved by an al leged error in any order, requirement� decision or determination made by an 9ARIARCE3 205-1� GENERAL admi�istrative otficer in tDe eratorcement of this chapter which at'fecta p�vISIONS the owner's property, may appeai to the Appeals Commiasion Dy filing a written appeal with the City. The appeal shall fullr state the ordsr sppealed from� the tacts of the matter and tbe mailing addres� of tDe owner. B. Requeat for 4ariances from Zoning Chapter Provision�: A property axner may aDpeal tbe atrict applicatlon of the provi�iona of this chapter where there are practical difficultiea or particular bardships preventing the �trict application of the regulations of this chapter. M application for a variance shall be filed vith the City and ahall state the exceptional condition� and the peculiar and practical difficulties claimed as a basis tor s variaaee. 3. Recon�endationa By Appeala Coami��ioa. Within thirty (30) days after filing an appeal frcm an admini�trative order or determination, or requeat for variance from City Code provisions t6e Appeals Commission shall hold a public hearing thereon and shall hear sucb persons a� want to De heard. Notice of sucD hearing ahall be mailed not le�� than ten (10) days before the date of hearing to the person or person� who file the appeala� and to all adjacent property owner� xithin a 200 toot distance of the requested variance location. Mithin a reasonable time� after the hearing, the Appeal� Coemis�ion �hall make its recommendations or approvals suD�ect to conditions of the Fridley City Code and forxard a copy of such recommendation or approval to the City Council through the Flanning Commia�ion. 4. oariances Ia R-1 Zoning. A. In areaa zoned R-1 (One Family Re�idential Areas) the Appeals Commi�sion has the authority to grant !'inal approval of variancea when all of the following conditions ara met: (1) There is unanimou� agreement of the Appeala Cammission. (2) The staft concurs vith the recommendationa of the Appeals Commisaion. (3) The general public attending the meeting or responding to the notice of public hearing have no oDjection. (0) The petitioner is in agreement with the recommendation. B. Hhen the above conditions are not met� the variance request must De reviewed by the Planning Commission xith tinal approval by the City Council. 5. Record Of Actioa Taken. The ADpeala Commission ahall provide for a written record of it� proceedinga which shall include the minutes of its meeting, its findings and the recoomendation or approval of each matter heard by it. The finding of fact shall contain the follorring: A. Sde DuDlic policy which is served by requirement. 8. The practical difticulties or unSque eircumstance of the proyerty that cau�e undue hardship in the strict application of the requirement. C. In recommending or approving a variance, the Commission and/or �OS-18 Council may impose conditions to ensure compliance and to protect adjacent properties. 6. Action By ?be Cit� Council. The Council ahall at its next regular meeting� af ter recommendatioA of the Appeals Commis�ion� vitb a policy Planning Coamisaion, decide on the action to ba taken. T. Lap�e Of iariance B� Hoauae. receiving the revierr Dy tha It xithin one (1) year after granting a variance, the recipient of LD• variance has not coamenced the r►ork a� permitted Dy the variance� then tbe variance �hall become null and void unle�� a petition for extension of time in which to complete the work ha� Deen granted Dy the City Council. Such extension shall be requested in writing and tiled xith the City at least twenty (20) day� Defore the expiration of the original variance. Tha reQuest for extension shall atate tacta �howing a good faith attempt to comDlete the xork permitted in the variance. Such petition �hall De presented to the appropriate body for review and/or decision. 205.056 BO II.DIHC PERMIT3 1. No construction ahall commence until a Duilding permit has Deen issued indicating that the existing or proposed �tructure and the u�e of the land� comply with this chapter and all Duilding code�. A. All applications for building permits which will affect the outside dimension� of a atructure, �hall De accompanied Dy three (3) copie� of a aite plan. B. If the �ite consiat� of land aot a part of a subdivi�ion or land composed of partial lot�, the site plan sha11 De attached to a survey or a registered land survey showing the actual dimen�ion� of the lot, lota or pareel to be Duilt upon. The aite plan shall also at�ox dimension� of exi�ting and or propoaed structure� to De erected or �tructurally altered� their location on tha �ite in relation to the outside boundary� the ceQuired oft-atreet parking plan, propo�ed and existing grades, whieh indicate drainage con�ideration�, and aueh other information as may be necessary to provide tor the enforcement of the�e regulations. C. Site plans �uDmitted for all uaes except one and two tamily dwellings sha11 contain lighting and landacape plans� and all aite improvementa are to be Donded at the rate of one and one-half (1-1/2) times their estimated cost� quaranteed Dy ca�h� letter of credit or bond to the City based on the City's di�cretion. D. The Council may xaive the Dond requirement� but a performance agreeeent Would then be required from the land owner� requiring the work to De dor�e vithin a reasonable time, Lo be fixed in the agreement, and if sucb improveaents are not completed xithin the ti�e apecified� the City may construet or eomplete such improvement� ana ss�ess the cost against tbe owner. 2. No Duilding permit Will be is�ued unlesa aufficient con9truetion plsn� or xritten description of cor.struction, grading� excavating and f illing as required by the City to assure reasonable �tructural satety and adequacy of GENERAI, PROVISIONS BQ II.AII�1G PERHITS 205-19 building and finished grades !or the proposed use have Deea submitted aad approved. 3. Once conatruction of the foundation has been completed� s certificste of aurvey ahowing the location of the foundation shall De reQuired� Defors the traming of the structure is Oegun. M. All institutional� multiple dxelling, commercial and induatrial develoqaenta must obtain a parking lot (land alteration) permit Defoc� paving may Degin on any parking lot Duilt or added onto, that is not a part of a building permit. A plan tor the parking lot �hall De submitted to th� City tor approval. 1`his plan shall �how the proDoaed aite, atructures� acces� drive�� off-street loading �pacea� �creening� lighting, atacking apace�, curDing� drainage� striping� landscaping� parking �pacea� ezisting �tructures within 100 feet of the site and paving apecification. If the proposed plan meets all City and State requirementa, a land alteration permit �hall De is�ued. 5. Every permit i�sued Dy the City under the provi�ions of this code shall expire Dy limitation and become null and void if the building or xork authorized by auch permit is not cocmenced vithin 180 days from the date of such permit� or it the Duilding or work authorized by auch permit is su�pended or aDandoned at any time after the work is coamenced for a period o! 180 day�. Before auch xork can De recommenced� a new permit shall be tir�t obtained� and the tee Lherefor shall be one-half (1/2) the amount required tor a new permit for such work, provided no change� have Deen made or will De made in the original plan� and �pecification� tor �uch work; and provided further that auch �u�pension or abandoraent ha� not exceeded one (1) year. 6. My permittee holding an unexpired per�it may apply for an extension of the tiae within uhich he may commence work under that permit when he ia unable to cocsmence work xithin the time required Dy thi� section for good and �atisfaciory reason�. The Duilding official may extend the time for action Dy the permittee tor a period not exceeding 180 daya upon written request Dy the permittee shoxing that circumstances bey ond the control of Lhe permittee have prevented action fram Deing taken. No permit shall be extended more than once. In order to renew action on a permit af ter expiration� the permittee shall pay a new full permit fee. 205.057 CERTIFICATE OF OCCOPAiiC? 1. A certificate ot occupancy ahall be obtained tor all new con�truction �tating that all provisions of this chapter and the chapter of the Fridley City Code entitled "Building and Related Permit Fees" ara in compliance. 2. A certificate of compliance shall be issued to all exiating legal nonconforming and conf orming use� vhich do aot have a certificate of occupancy after all publie health, �afety, convenience and welfare condition� of the City Code are ia eoaplianee. 3. No permit or licenae required by the City ot Fridley or other governmental agency shall De issued Dy ar�y departaent official or employee of the City of such governmental agency� unle�� the applicatioa for sueb permit or license is accompanied by proof of the iasuance of a certificate of occupancy or certificate of complianee. 205-20 GENERAL PFtOVI SIOt�S CERTIFICATE OP OCCQ PAJICY 205.058 ENFORCP.l�:NT Yiolation • Misdemeanor; Peaalt�. The owner ot a Duildfng or premi�es in or upon which a violation of any provision� of this chapter has been coamitted, or ahall esist; or tbe le�see ot tbe entire Dui2ding or enLire premise� Sn or upon whicb s violation has Deen committed or shall e�ci�t; or the oWner or leasee of an� Dart of the Duilding or premise� in or upon xhich auch violation ha� Oeen committed or shall exi�t� ahall be guilty oP a misdeeeanor� and aubject to all penaltie� provided for auch violations under the provision of Cbapter 901 of thia code each and every day that such violation continues. An� auch per�on, who having been served with an order to remove any such violation� ahall fail to comply vith said order to remove a�y �uch violation� shall fail to comply with aaid order within ten (10) day� af ter auch service� or ahall continue to violate any proviaions of the regulationa made under authority of this ordinance in the respect named in such orde� shall De guilty of a misdemeanor and �ub�ect to all penalties provided for such violations under the provision� of Chapter 901 of thi� Code. Each day that auch violation continue� shall De a separate violation. 205.06 PSTABLISHN.EHT OF DISTRIC?S For the purpose ot thia chapter the tollowing districta are hereby established within the City of Fridley: I1L1� R-1 Distriet�; or One-Family Dwelling District�. ... R-2 Di�tricts; or 11ro-Family Dwelling Di�trict�. ... R-3 Di�tricta; or General Hultiple D�relling Di�trict�. R-4 District�; or Nobile Hame Park Diatrict� ..... SFA Development; or Single Family Attached Development . P Districta; or Public Facilities Districta. .... C-t Districta; or Local Business District� ...... C-2 Districts; or Ceneral Bu�inesa Diatricts ..... C-3 Diatrict�; or Ceneral Shopping Center District�. . CR-1 Districta; or Ceneral Office Districts ...... M-1 Districta; or Light Indu�trial Di�tricts ..... N-2 Districts; or Heavy Indu�trial District� ..... PUD Distriets; or Planr.ed Unit Development Districts . S District�; or Special District�. . . . . . . . . . S-i - Hyde Park Neighborhood District. . . . . . . . . . S-2 - Redevelopment Distriet . . . . . . . . . . . . . . 0- Overlay Di�trict . . . . . . . . . . . . . . . . . . . 0-1 Creek and River Preservation Distriet. ....... a2 Critical Meas District . . . . . . . . . . . . . . . �TT.1 . . . 205•0T . . . 205•08 . . . 205.09 . . . 205•10 . . . 205•11 . . . 205.12 . . . 205.13 . . . 205.1� . . . 205.15 . . . 205.16 . . . 205.17 . . . 205.18 . . . 205.19 . . . 205.20 . . . 205.21 . . . 205.22 . . . 205.23 . . . 205•2� . . . 205.25 Said districta are shown upon the zoaing map� as adopted December 29. 1955, and amended up to the date of adoption of this chapter. Said map and all notatior�, referencea and other int'ormation shown thereon, ahall be as much a part of this chapter as if the matters and int'ormation set torth by aaid map were all fully descriDed herein. GENERAI, PROVISIONS ENFOR�`� Yr FSTABLISHl�NT I OF DISTRICTS 205-21 205.0T R-1 OHE PAl�RLZ D1iII.LIHG DISTRiCf RECOLA?IOAS 205.071 OSE3 PERMITTED 1. Princiyal Oss�. The folloxing are principal u�ea i� R-1 Districta: A. One-family dxellinga. B. Single tamily attached development a� per conditions under Section 205.11 of thia Code. 2. Acceasory IIses. A. The total tloor area of all sccessory buildinga ahall not exceed 1400 �quare feet. 8. Arp► aecond accesaory building� i� excess of 2�0 �Quare feet shall require a Special Ose Permit. C. Al1 accessory Ouilding� shall not exceed a height of fourteen (1A) feet. D. The follvwing are acces�ory u�e� in R-1 Districts: (1) A private garage is the first accessory Duilding. It �hall not exceed 100� of the fir�t lloor area of the dxelling unit or a maximum of 1000 square feet. (2) Privately owned recreational facilitiea which are for the eTMjoyment and convenience of the residents of the principal use snd their gueata. (3) Hame occupationa. (4) ?he rental of guest rooms to not more than two persona per dwelling unit. (5� Solar energy device� aa an integral part of the principal �tructure. 3. IIse� Persitted Yith A Special IIse Perait. The following are uaea permitted with a Special II�e Permit in R-t Districta: A. Accessory Duilding� other than the first accessory Duildinga� over 2L0 square feet. � B. Churches� private achool� C. Private nonprofit golt coursea, country c1uD�� yacht club�� tennis court�� wimming pools and additional recreationai uses, not an acce�aory uae to the principal uses. D. Otility companies having transformer�, pumping atations and sub- stationa �ubject to the following minimum requirements: (1) ?here must De cont'ormity xitb the aurrounding neighborhood witb reapect to �etback�� open spaces and architectural de�i�n. (2) It muat De screened. R-1 DISTRICT RF�OLATIONS DSES PBRMIT?ED 205-22 (3) It IDust not have ar�y regular employees. (q) The equipment muat De completely enclosed in a�tructure. E. Automobile parking lot� for off-�treet parking apaces for any use on adjacent land, when tbe tolloxing minimum requirenents have beea oets (1) ?he minimum front yard setback is thirty-tive (35) feet� , escept where adjacent property has existing front yard �etbacks � exceeding thirty-five (35) feet; additional front yard depth may De required. A aide yard and rear yard minimum setDack ot tea (10) feet is required. (2) Proper screening� xhich includes a planting atrip� fenee or xall provided on the property. Thi� mu�t De subatantial enough to create a phy�ical separation Detween the parking lot and the adjolning properties involved and considered acceptable to the City. F. Hospitala� clinica� nuraing home�� convalescent homes anQ hamea for Lhe elderly. C. Frivate radio or television antenna� exceeding a height of twenty (20) feet aDove the dWelling roof. H. Yind generators and other toxer mounted energy devicea exceeding a height of twenty (20) feet above the dwelling roof. I. Solar energy devices NOT an integral part of tAe principal atructure. J. Exterior atorage of materiala. �. Additional Reatrictions. For use� other than principal u�e�� requirementa aa to lot size� �etDacks, building� parking� land�caping� acreening, etc., �hall be at lea�t comparaDle to �imilar uses in other diatricta� but also sub�ect to additional provisions as provided by the Citr. 205.072 USES E�CLDDHD ArLy use alloxed or excluded in any other district unle » spccificall� allorred under Uses Permitted of this distriet. 205.073 LOT RDQOIREMEtiTS ANb SETBACES 1. Lot Ares. A minimum lot area of 9�000 square feet is required for one dxelling uait� excepL; A. ithere a lot is without City sanitary aeWer, tbe minimum required lot area is 18�000 square feet. B. Where a lot i� one oa a aubdivision or plat recorded betor• DecemDer 29� 1Q55, the minimum required lot area is 7500 square teeL. C. As allowed under Special District Regulations or Planned Qait Developaent District Regulatioria. 205-23 R-1 DISTRICT OSE3 E�CLQDED LO? RDQOIREMENT3 Al�D SETBACb4 2. Lot Ylatb. 1'he wiEth of a lot ahall noL De les� than aeventy-five (75) teet at the required setDack, except: A. On a suDdivision or plat recorded Defore December 29� 1955� the minimum widt6 of a lot la fitty (50) teet. B. It lot aplita are Dermitted vith the lot xidth le�s than ths required seventy-tive (75) feet. the lot mu�t still meet the most restrictive lot requirementa and aetbacks; except for the lot area and lot widtb. C. Aa allowed under Special Di�trict Regulationa or Planned Development Regulation�. 3. Lot Coverage. Not more than twenty-five percent (25t) of the area of a lot shall De covered by the main building and all acceaaory Duildinga. 4. Setbacks. A. Front 7ard: A front yard vith a depth of not lea� than thirty-five (35) feet !a required, except as noted in Section 205.044, 17• 8. Side ?ard: (t) A aide yard of ten (10) feet i� required Detrreen any living area and side property line�. (2) A aide yard of five (5) feet is required between an attached accessory builaing or uae and aide property line. (3) Corner Lots: � (a? The side yard vidth on a street side of a corner lot ahall be not les� than seventeen and one-halt (1T.5) feet. (b) tiThen the lot to the rear haa frontage along a side street, no accessory building on a corner lot� within twenty-five (25) feet of the common property line shall be closer to aaid side street than thirty (30) feet; provided� 6owever� that this regulation shall not De �o interpreted as to reduce the Duildable width of a corner lot to lea� than twenty-five (25) feet. (c) ArLy attached or unattached acceasory building which open� on tbe side street� ahall De at least twenty-five (25) feet from the property line of a side street. C. Rear Yard: (1) A rear yard with a depth ot not less than twenty-five percent (251) of the lot depth is required vith not les� than txenty-five (25) feet permitted or more than forty (40) feet required for the main building. R-1 DISTRICT I 205-24 (2) Detached acce�sory building� may be Duilt not le�� than three (3) feet trom any lot line in the rear yard not adjacent to a atreet. D. Double Frontage; (1) The building line� requirements. (2) The aetback for garage� yard will be the same a� for 205.074 BIIII.DING RDQOIREf�NT3 will prevail in lieu ot rear �ard and accesaory building� in tbe rear a front yard. 1. Height. No Duilding �hall hereafter be erected, con�tructed, reco nstructed. altered, enlarged, or moved so aa to exceed the Duilding beight limit ot thirty (30) feet from finished grade level. 2. Hinimum Floor Lrea. A. For lot� having a 9,000 aquare foot lot area and a seventy-five (75) toot lot width� and for lot� resulting fram lot splits having le�� than 9�000 square feet and/or le�s than the seventy-five (75) foot lot width, the min.imum gros� tloor area of a single family drrelling �ha21 De not le�s than 1�020 square feet of tini�bed floor area per dwelling unit� provided that: (t) A one (1) level one family dwelling unit of three (3) bedroom� or less ahall have a minimum of 1�020 square feet of living area. (2) A one family dwelling unit coruisting of tvo (2) lull levels aDove grade �hall have a minimum of 1, 020 aQuare feet ot tirat floor area� at least 768 �quare teet ot xhich �ha11 be living area and the dwelling ahall have a garage attached thereto baving a floor area aot leaa than 396 square feet. �3) � one family dwelling unit ot a aplit level deaign of three (3) Dedrooms or less ahal� have a minimum of t, 020 square feet of living area in the upper two level�. (4) A txo (2) level dwelling unit ot the split entry de,sign of three t3) Dedrooms or leas �hall have a minisum of 768 square teet of gro�� floor area in each 2eve1 provided: (a) The dWelling ahall have a garage attached thereto having a tloor area not 2eaa than 396 square teet. (b) The tinisbed floor level of the upper level is not more than six (6) feet above grade. (5) A txo (2) level dwelling unit having the upper level situated wholly or partly in the root space provided: (a) The gros� floor area of the first level above grade ahall be not le�s than 864 square feet. (D) Each bedroom located in the upper level �hall bave a minimumi ot 120 �quare feet of tloor area. 205-25 R-1 DISTRICT BOII,DINC RDQIIIREMENTS (c) The Qwelling ahall have a gara.ge attached thereto baving a floor area not les� than 396 square laet. B. For lot� leas than 9�000 square feet, the dwelling shall have a tirst tloor area of not less than 768 aquare f eet excluaive of accessory buildings or an attached gara�e. 3. Baseaeot. Al1 aingle story dwelling� ahall have a Daaement. 205.075 PARRIHC RDQOIREt�NT3 1. General Proviaions. A. A minimum of two (2) off-street parking atall� shall De provided !or each dwelling unit. B. The required parking atalls ahall not be located in any portion ot the required front yard area except on a driver+ay or hardaurfaced parking apace� approved by tLe Cit�. C. All driveways and parking �talls shall De set Dack three (3) teet from any property line except as agreed to Dy ad�acent property ownera. 2. Garage Requiremeat�. A. All lots having a minimum lot area of 9, 000 square feet or resulting from a lot �plit �hall provide for a double garage. H. All lots having a lot area les� than 9�000 �quare feet and greater than 7500 �quare teet shall provide for a�ingle garage. C. The above requir�enta shall aati�fy the off-�treet parking �tall requirement. 205.076 PERFORMANCE STA1iDdRDS 1. parking Requirementa. A. Existing Facilitiea: (ij At least one (1) off-atreet parking �tall �hall be provided for each dwelling unit. (2) The required parking �tall shall not De located in ar�y portion of the required front yard, except on a driveuay or hard�urfaced parking 9pace� approved Dy the City, and set Dack a minimum ot three (3) feet from the �ide property line� except as agreed to Dy adjacent property oxner�. (3) A garage aball aatiafy the otf-street parking �tall requirement. B. All drivevays and parking �ta11� shall be aurfaced with blacktop, concrete or other hard �urface material approved Dy the Cit�. R-1 DISTRICT PiREIlIG RHQOIRF.I�NTS PERPORMAliCE S?AliDARDS 205-26 A-I DISTRICT 2. Esterior Storage. • A. Nothing �hall De stored la the front �ard. H. All materials shall be kept in a building or shall be f ull� acreened, �o a� not to be vi�ible from any public right ot rray except for stacked firexood, Doata, and trailera placed in the side �ard. C. ?4e City �hall require a Special Dse Permit for any exterior atorage ot materials, except for 8 above. �. Betuse. All waate materials, refu�e or garbage shall be contained ia closed containers a� required under the chapter entitled "idaste Dispo�al" of tbe Fridley City Code. �. Drainage and Crade ReQuirements. A finished ground grade shall be e�tabliahed aucb that natural drainage axay from all buildings is provided. 1be follaring minimum criteria shall apply : A. The minimum elevation of tini�hed grade �hall not be leas tban one-tourth (1/4) inch ri�e per horizontal foot of aetDack measured fcom curb grade. 8. T6e City may apecify a minimum finished ground grade for any �tructure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilitie�. 5. Landscaping. Tha follaring �hall be minimu� criteria for land�eaping: A. Sodding and landscaping ahall extend acros� the entire front ysrd and �ide yards� including the Doulevard. 8. All open areas of any site, except for areas used for parking, driveways or storage� �hall De �odded� aeeded or have vegetative cover. C. All u�es shall provide water facilitiea to yard areaa tor maintenance of landscaping. D. It �hall De the arner'a responsibility to aee that all land�caping ia maintained in an attraetive and xell kept condition. In case any trees or shrubs shall die, Lhe owner �hall replace them with a like species. Ar�y daaaged sod ahall be replaced. E. All vacant lots� tracks or parcels shall be properly maintained in an orderly manner free of litter and �unk. 6. Maintenance. It shall De the responsibility of the property owner to en�ure that: 4. Every exterior wall, foundation and roof of any building or structure shall De reasonaDly Watertight� weathertight and rodentproof and ahall be kept in a good atate of maintenance and repair. Ezterior walla shall De maintained tree trem dilapidation due to crack�, tears or Dreaks from deteriorated plaater� stucco� brick� wood or otber material that i� extensive and gives evidence ot long neglect. Z % 0 H. The protective surface oa exterior wa22s of a building �hall De R-1 DISTRICT maintained in good repair and provide s sufficient covering and protection of the structural �urface against its deterioration. Without limiting the generality of thia aection� a protective �urtace ot a Duilding �hall De deemed to be out ofrepair if: (1) More than twenty-five percent (25i) oP the area ot any plene or xall on which the protective aurface i� paint is blistered� eracked� flaked� scaled or chalked array� or (2) Hore than twenty-five percent (25i) of the pointing of any brick or stone wall ia loose or ha� fallen out. C. Every yard and all �tructurea, xalla, fences, walka� stepa� drivexaya, landscaping and other exterior developmenta ahall De maintained in an attractive� well kept coneition. D. The boulevard area of a premisea �hall be properly maintained� groamed and cared for by the aDutting property owner. E. The cleaning of the walkway or sidexalk ahall De the abutting property oxner's responsiDility. Ary ice or anow accumulation� of two (2) or more inchea sha11 be removed within twenty-lour (2U) hour� of the storm's completion. 7. E��eatial Ser�ice�. A. Connection is required on each lot served by City �anitary �ewer. B. Connection is required on each lot aerved by a City vater line. 205- 28 205.08 R-2 1Y0 FIMSL? D'NII.LDiC DISTRIC? R�QL�TIOlIS 205.081 IISES PERHIi?ED i. Priacipal Dse�. The foll a+ing are principal uses in R-2 Di�tricts: A. l�o-tamily dwelling�. B. One-family dwelling�. C. Single family attached development aa per conditiona under Section 205.11 ot this Code. 2. Accessory Oss�. A. Only two (2) accessory building� alloxed per dwelling unit. B. The total tloor area of all accea�ory Duildinga shall not exceed 1400 �quare teet. C. Ary �econd acceasory building in exceaa of 240 �quare feet requirea a Special Ose Permit. D. 1T�e following are accessory uses in R-2 Distrists: (1) A private garage is the firat accesaory DuilCing. It shall not exceed 100f of the first floor area of the dwelling unit or a IDaximum of 1000 square feet. (2) Privately owned recreational facilitie� xhich are for ths erUoyment and cornenience ot the re�identa of the principal u�e and their gue�ia. (3) Heme occupation�. (0) The rental ot gue�t room� to not more than trro per�ons per dwelling unit. (5) Solar energy devices as an integrai part of the priacipa2 atructure. 3. Ose� Peroitted Yith A Special IIae Persit. Tha following are uaea permitted xith a Special Qae Permit in R-2 Diatricts: A. Accessory building�� other Lhan the firat accesaory building, over 2�10 square feet. 8. Churches, private schoola C. Private nonprofit golf couraea, country clubs, yacht clubs, tennia eourta� s�►imming pool� and additional recreational uses, not an aecessory use to the principal usea. R-2 DISTRICT RECULATIONS OSES PSR!!I?TfiD 205-29 D. Otility companies having tran�formera, pumping atations and aub�tations sub�ect to the following minimum requirement�: (1) There mu�t De con!'ormity with the aurrounding neighborhood vitb respect to setbacic�� open spaces, architectural design. (2) It mu�t ba acreened. (3) It must not have any regular employees. (#) The equipment must De completely enclosed in a atructur�. E. Autcmobile parking lots for oft-�treet park3ng spaces for any uae on adjacent land� xhen the tolloxing minimum requirements have been met: (1) The minimum front yard setback is thirty-five (35� feet� except Where adjacent property has exi�tir►g f ront yard aetback� exceeding thirty-five (35) feet; additional front yard depth may be required. A aide yard and rear yard minimum �etDack of ten (10) feet is required. (2) Froper �creening, which includes a planting atrip, fence or wall shall be provided on the property. This mu�t De �ubstantial enough Lo create a phy�ical separation Detween the parking lot and tha ad�oining propertie� involved and con�idered acceptable to the City. F. Ho�pital�� clinic�, nur�ing homes� convalescent hbme� and home� for the elderly. C. Private radio or televi�lon antennas exceeding a height of tve�ty (20� feet aDove the dwelling roof. H. Wind generatora and other tower mounted energy device� exceeding a height of twenty (20) fe�t aDove the dwelling roof. I. Solar energy devices NOT an integral part of tbe principal structure. J. Exterior �torage ot materials. �. Additional Restrictions. For u�es� other than principal use�, require�enta aa to lot �ize� aetbacks� building� parking� landscaping, �creening, etc. ahall be at leaat comparable to aimilar u�es in other di�trict�, but also suD�ect to additional provisiona as provided Dy the Cit�. 205•082 �SFS ExCLODED AcLy use allowed or excluded in any other district unle�s specifically allowed under II�es Permitted ot this district are excluded in R-2 Di�tricts. ZOS-30 R-2 DISTRICT OSES ETCLODED 205.083 LO'P REQ02REt�HTS AND SE78ACL3 All require�enta ot this section are for two-family dwelling�. One famil� dwelling� ia thia diatrict �hall De aub�ect to the R-1 Distcict regulations. 1. Loti �rea. A minimum lot area of 10.000 aquare feet i� required for s txo-famil� dwelling unit. 2. Lot Yidth. The xidth ot a lot shall not be leea tban seventy-five (75� feet at the required setbaek. 3. Lot Coverage. Not more than thirty perceat (30f) ot the area of a lot shall De covered by the main Duilding and all acce�sory Duildinga. M. Setbacka. A. Front ?ard: A front yard with a depth ot not lea� than thirty-five (35) feet 1� required� except aa noted in Section 205.044� i7. B. Side Yard: (i) A side yard of ten (10) teet is required Detween the living area and side property linea. (2) A side yard of tive (5) feet ia required between an attached accessory Ouilding or use and �ide property linea. (3) Corner Lota: (a) Tbe �ide yard xidth on a street �ide ot a corner lot sball De not les� than seventeen and one-half (1T•5) feet. (D) When the lot to the rear ha� frontage along a�ide atreet� no acce�aory Duilding on a corner lot, within txenty-five (25) feet of the common property line� ahall De cloaer to said aide street than thirty (30) feet; provided� hoxever� that thia regulation shall not De ao interpreted as to reduce the Duildable xidth of a corner lot to less than twenty-five (25) teet. (e) Ar�y attached or unattached accessory Duilding xhich opens on the �ide street, �hall be at least txenty-five (25) faet from tbe property line ot a side stret. (�) lccessory buildings located in the rear y ard may be Duilt no less thaa tbree (33 feet fram aay side lot line not ad�acent to a atreet. 0 R-2 DISTRICT LOT REQOIREl�N?S AliD SETBACIL4 � 205-31 � ) C. Rear ?ard: (1) A rear yard vith s deptb of not les� than trrenty-five percent (25i) of the lot deptb la required with not le�� than twenty-fiv• (25) feet permitted or more tban toriy (b0) teet required for the main Duilding. (2) Acce�aory building� may De Duilt not lesa than three (3) teet trcm any lot line� in the rear yard not adjacent to a�treet. D. Double Prontage: (1) ?he bui2ding 21ne� vill prevail in lieu of rear yard requirementa. (2) The aetback for garage� and accea�ory buildings in the rear yard xill De the same aa for a front yard. 205.064 BOII.DIIiIG RDQ�IREI�N?S 1. Heigbt. No Duilding �hall hereafter be erected, con�tructed, recon�tructed� altered� enlarged or moved� so as to exceed the Duilding height limit of thirty (30) feet. 2. Hinim� Floor Area. In a two-family dwelling, the minimum total tloor area ahall De 1400 square feet� the minimum living area of any dr►elling unit ahall De 650 aquare feet� and in no case shall tha fir�t floor area De les� than 766 square teet. 205.085 pARRING RF7QDIREl�NTS i. General Provisions. A. At least two (2) off-street parking atall� �hall De provided !or each dwelling unit. 8. The required parking �talls shall not De located in any portion of the required front yard, except oa a drive�ay or hardsurf aced Darking apace� approved by the City. C. Al1 drivewaya and parking �talls shall be set Dack three (3) feet frem any property line except a� agreed to by adjacent property orrnera. 2. Garage Requirement�. •. A tWO sta11 garage i� required for each duelling unit. H. Thia garage ahall �atisfy the oft-�treet parking stall requirement. 205-32 R-2 DISTRICT BO ILDING REQOIREMENTS plR1CING REQUIREt�NTS 205.086 PERFORHABCE S?UtDiRD3 1. Parki ng Requ3reseats. -• A. Exi�ting Facilitiea: � (1) At least two (2) oft-street parking stalls sball De provided for each dwelling uait. - (2) Ho Darking atalla sball be located in any portion of the required front yard� ezcept on s drives+ay or hardsurfaced parking �pace� approved by the City� and aet Dack a minimum of three (3) feet from the side property line except a� agreed to Dy adjacent property ovners. _ (3) An exi�ting one and one-half (t-1/2) �tall garage for each dwelling unit �hall �atisfy the off-atreet parking stall require�ent. B. All driver+ay� and parking �talla shall De surfaced with Dlacktop� concrete or other hard �urtace material approved Dy the City. 2. E:terior Storage. A. Nothing sh all De stored in the required tront ysrd. B. All materials shall De kept in s building or shall De f ully screened� ao as not to be visible fram any publie right of way except for �tacked firewood, boat� and trailera placed i� the side yard. C. The City shall require a Special Ose Permit for any open exterior storage of materiala, except for 8 above. 3. Refuse. All waste material�� refuse or garbage shall De contained in clo�ed container� a� required under the chapter entitled "Mlaste Dispo�al" of the Fridley City Code. �. Drainage And Grade Requirements. A finished ground grade shall De esta011�hed auch that natural drainage avay from all buildinga is provided. The following minimum criteria shall apply. A. The minim�mm elevation of finished grade ahall not De le�� than a one-fourth (1/�) inch rise per horiz ontal foot ot set0ack measured from curb grade. B. The City may �pecify a minimum finished ground grade for sny atructure in order to allow proper drainage and a minimum top of footir.g e2evation Lo allow for connection to City utilities. §. Landscaping. The following shall be minim� criteria tor landacaping: A. Sodding and landscaping to extend across the entire front yard and aide yard�, including the Doulevard. R-2 DISTRICT PBAFOR!lA11CB STAI�IDiRD3 205-33 R-Z DISTRICT B. All opea irea� of any aite, e=cept for area� u�ed for parking� drivexay� or �torage, �hall be sodded� seeded or Lave vegetative cover. C. All uaes ahall provide water lacilitie� to yard areaa for maintenance of landaeaping. D. IL shall be the awner•� responsiDility to aee that all landacapins ia maintained in an attractive and well kept condition. In case ar� treea or abrubs �hall die, tde owner ahall replace them with a like �apecie�. Ar�y damaged aod �hali be replaced. E. All vacant lota, tracks or parcela sDall De properly maintained in an orderly manner tree of litter or �unk. 6. 1�Saintenance. It �hall De the responsibility of the property owner to enaure that: A. Every exterior wall, foundation and roof of any building or structure shall De reasonably r+atertight, �eathertight and rodentproof and �hall De kept in a good �tate of maintenance and repair. E:terior rralla shall be maintained free from dilapidatioa due to cracks� tears or Dreaks from deteriorated plaster� stucco� brick� vood or other material that i� extensive and gives evidence ot long neglect. B. The protective surface on ezterior xall� of a Duilding �hall bs maintained in good repair and provide a aufficient eovering and protection of the structural aurface again�t its deterioration. ilithout limiting the generality of thi� section, a proteetive �urtace of a Duilding ahall De deemed to be out ot repair if: (t) Nore than twenty-five percent (25f) of the area of any plane or xall on which the protective �urface ia paint is Dliatered, cracked� flaked, scaled or chalked away� or (2) Hore than trrenty-five percent (25i� of the pointing of any Drick or stone xall is loose or has fallen out. C. Every yard and all atructure�� rralla, fence�� xalks� steps. drivewaya� land�caping and other exterior developments ahall be maintained in an attractive� xell keDt eondition. D. The boulevard area of a premi�es shall De properly maintained, groomed and cared tor Dy the abutting property arner. E. The cleaning of the walkrray or aidewalk �hall De the aDutting property oxner's responsibility. My ice or snorr accumulations of two (2) or more inchea shall De renoved vithin twenty-four (24) hour� of the storm•a completion. Z. E�seatial Services. A. Connection is required on each lot served by City �anitary sewer. B. Connection ia required on each lot aerved by a City rrater line. 20 5-34 205.09 R-3 CENERAL lDLTIPLE D�fiELLDiG DISTRICT REGDLATIONS 205.091 OSES PERHITTED 1. Principal IIaes. The tollowing are principal uses in R-3 Districts: A. Multiple dwellings and multiple dxelling complexe� including rental and condomini� apartmenta. B. Single family attached development aa per conditions under Section 205.11 of this Code. C. 41�+o-family dwellinga. D. One-tamily dwellings. 2. Acce�sory IIse�. Tl�e following are acce�sory u�es in R-3 Di�tricts: A. Parking areas and garage atructures of adequate size to bandle the required parking for the principal u�e. The parking require�enta shall De aatisfied by the combination of garage and unenclo�ed space�. B. lRaintenance, management or recreation buildinga incidental to the development. C. Private recreational facilities including �ximming poola and tennis court�, intended solely for the use and enjoyment of the residents of the principal u�e and tAeir gueata. D. Acceasory use� for tenant� provided they are intended only for the resident� of Lhe principal u�e and their guest� and have no adverti�ing or display visible frcm the outaide of the Duilding. Not more than te a percent (10�) ot the gross floor area of a�tructure may be devoted to these accessory u�es. E. Solar energy devices a� an integral part of the principal atructure. 3. IIse� Peraitted Wit6 A Special Ose Permit. The following are u�es permitted xith a Special Dae Permit in R-3 Districts: A. Churchea, child nurseriea, nursery school� and private achool�. S. Private, nonprofit golf course�� country clubs, yacht club�, tennis court�� swimming pool�; and additional recreational u�es not an accessory use to the principal usea. C. Otility companiea having tran�former�� pumpi ng atationa and auD�tations muat conform vith the surrounding neighborhood rrith re�pect to setDack�, open spaces and architectural design and must be acree�ed. R-3 DISTRIC?I RF�OLA?IONS OSES PERMITTED 205-35 R-3 DI5'i'�CT D. Autamobile parking lots for off-street parking �paces for any use on ad�acent land, when the following minimum requirements have Deen met: (1) The minimum front yard aetback ia thirty-five t35) feet, except where adjacent property has exiating front yard setbacka exceeding thirty-five (35) feet; additional front yard depth may De required. A�ide yard and rear yard minimum setback of Len (10) teet is required. (2) proper screening� which includes a planting �trip� fence or Wall provided on the property. The screening must be subatantial enough to create a physical separation betrreen the parking lot and the ad�oining properties involved. � E. Hospitals� clinics� nursing hares� convalescent hooes and haces for the elderly. . F. Hi-rise apartment�� provided Lhe followir.g conditions are met� plua any additional require�ents the City Council shall consider reasonaDly necessary: (1) A minidum lot area of one and one-half (1-t/2) acrea (2) Landacaping a minimum of twenty-five percent (25x) of the property. (3) A maximum lot coverage of thirty percent (30f). (4) Adequate parking facilities (5) The minim� building aetback shall De fifty (50) feet from any property line. (6) A minimum height of seven (7) �tories G. Hotels and Motels H. Wind generators and other tarer mounted energy devices exceeding • height of txenty (20) teet above the dwelling roof. I. Solar energy devices NOT an integral part of the principal structure. J. Exterior storage of materials. �1. Additional Restriction�. For uses, other than principal uses, reqvire�ents as to lot size� setbacka� building� parking� landscaping� screening, etc. �hall be at Ieaat comparable to similar uses in other district�, but also sub�ect to additional provisions as provided by the City. 205-36 � 205•092 IISES EZCLIIDED ArLy uae alloxed or excluded in any otber district unless apecificall� alloxed under IIses Penaitted of thia district. 205.093 LO? REQIIIRII�NTS A1�iD SETBACL4 1. Lot requirementa ot tbis section are for tbree (3) or more dwelling unita. 71ro-fanily dwellings in this district �hall be aubject to the R-2 District regulations and one-family dxellings shall De suDject to the R-i District regulationa. A. A lot area of not leas than 10,000 square feet i� required for a three tamily dwelling. B. A miniIDUm lot area of 15�000 �quare feet i� reQuired for a four (4) tamily drrelling xith an additional 1�000 square feet tor each unit over tour (4). C. The average lot area required per dxelling unit ahall not De le�a than 2500 square feet per unit tor the firat three atories xith an additional 950 square teet per unit trom the fourth through siztQ atorie�. D. For each under�ound parking stall, 300 aquare feet may be deducted from the minimum lot area requirement. 2. Lot Midth. A. A minimum lot width of �eventy-five (75) feet la required for a three (3) tamily dwelling. B. � minimumi lot widtb of eighty-five (85) feet ia required !or a multiple drrelling of tour (4) or more ursits. 3. Lot Coverage. Not more than twenty percent (20x) of the lot area �hall be covered Ey tDe main Duilding and not more than Lhirty percent (30f) of the area ot a lot shall De covered Oy the main building and all accessory buildings. �. Setbacics. A. Front 7ard: A front yard with a deptb of not leas than thirty-five (35) feet is required for all structures. B. Side Tard: (1) �+o (2) aide yards are required� each xith a width of net le�� than fifteen (15) teet� except xhere the height of the building e:ceeda thirty-five (35) feet. one (1) additional foot of vidth on each side yard is reQuired for each lour (4) feet� or portion thereof, of building height in eYCess of thirty-five (35i feet. (2) Yhere a drive�ray is to be provided in the side yard, the minimum required �ide yard is twenty-five (25) t'eet. � R-3 DISTRICT OSES EZCLODED LOT RBQUIREl�NT3 UiD SE?SACRS 205-37 (3) Where a side yard aDut� a street of a corner lot, the side yard requirement Sa a minimum of thirty-five (35) feet. (4) Accessory buildings shall De setDack a minimum of five �Si feet from any property line in Lhe �ide and rear yards not adjacent to a streeL right of rray. Those �tructure� adjacent to �treet right of way shall be set back thirty-five (35) feet. C. Rear Yard: A rear yard with a depth of not lesa than twenty-five percent (25f) of the lot depth is required, with not les� than tWenty-five (25) feet permitted or more than forty (40) feet required for a multiple dxelling building� and not les� than thirty (30) feet permitted or more than seventy-five (75) feet required for any other kind of main building� provided that one (1) additional toot of depth for rear yard ia required for each two (2) feet or portion thereof, of Duilding height in excess of thirty-five (35) feet. 205.094 BUiLDING RDQUIREt�HTS 1. Height. A maximum of aix (6) storiea� but not exceeding �ixty-five (65) feet� provided that no building �hall be erected to a height exceeding forty-five (45) feet within fifty (50) feet of any R-1 or R-2 District, without one (1) additional foot of space Det�een the aain Dullding and the R-t and R-2 District for each one (1) foot or portion of Duilding height over forty-five (45) feet. 2. Storage Space. Forty (40) square feet of floor area, floor Lo ceiling, shall be provided per dwelling unit for storage. A minimum of twenty (20) �quare feet,of storage sha11 De provided in the dwelling excluaive ot the dwelling unit. ?he rebaining required storage area aay De located anyxhere on the lot (ss defined herein) provided.this area i� convenient and aot located or included in�the storage apace wlthin each individual dvelling unit. The storage space for each dvelling unit �hall De enclosed and aeparated f rom other storage space�. 3. Laundry Facilities. One (1) xasher ar.d one (1) dryer will be required in structures containing 4 units. Ztro (2) Washers and two (2) dryers will De required in structure� containi ng f ive (5) to txelve (12) units. One (1) washer and one (1) dryer will De required for each eight (8) units or fraction thereof in structure� containing thirteen (13) to 100 unit�. One (1) vasher and dryer will be required for each additional ten (10) units or fraction thereof in those structures containing over 100 units. 205-38 R-3 DISTItICT BUII.DINC REQOIREMENTS M. Ploor �reas. A. Except for efficienry apartmenta� each single Dedroom dxelling unit �hall contain not le�� than 525 �qua►re feet in total floor area and not leas t6an 650 square teet in total floor area for two (2) bedrooas. For unita containing more than two Dedrooma. the total floor area ia increaaed aot le�a than 125 �q�are feet more for each additional Dedroem. Purther, no roam therein designated aa a bedroom or actuall� used for regular sleeping purposes ahall contain less than eighLy (80) aquare feet of tloor area excluaive of walls and partition�. B. An etticiency apartment ia a dwelling unit which contain� not le�� than 400 �quare teet or more than 525 �quare feet of floor area ia a multiple dwelling in which there may or may not De a separate bedroom. In ar�y one structure containing four (A) dxelling unit� or more� aot more than twenty-tive percent (25i) of the unita shall be etficiency uni t�. 5. Liviag Space. 1T�e dxelling structure aite and eacD dwelling unit therein !a designed to provide adequate and healthful residential living apace to ita occupants. Each unit therein shall De desi�ed to provide living �pace accommodations of not le�� than 200 aquare feet of floor area for each adult and 125 �quare feet ot floor area for eacb minor in the unit. 205.095 PARBII�IG REQIIIRE?�N?3 1. Reduction Of Parkie�g. iihen shawn by the applicant that the provision� parking atalls due to the particular nature of the eonsideration� would De an unneces�ary hardship, stalls would De allared provided that adequate oDen meet the total numDer of required stalls. 2. Additional Parkiag. of �pace required for propoaed u�e or otDer reduction ot parking space De provided to Yhen the provisions tor parking �pace required for apecific diatrict u�es i� inadequate� the City may require additional off-street parking to be provided. 3. Parking Ratio. A. At least one and one-half (1-1/2) space� per one (1) bedroom unit, plu� one-half (t/2) �pace for each additional bedroom per drrelling uai t. B. Aandicap parking apaces will be provided a� established in Table 55A of the State Building Code. �. Design Requirmeats. A. Drainage: All driver+aya and parking areas, except those for les� than four (4) vehicle� shall De graded according to a drainage plan whicb has been approved by tbe City. R-3 DISTRICT PARgII�IG RDQOIREl�NT3 205-39 R- 3 DI ST RI CT B. Lighting: Any lighting used to illuminate an off-street parki�g area shall be shaded or diffused so as to reflect the light away from ad�oining ➢roperty and away from abutting traffia C. Curbing: The entire perimeter of all parking areas in excess or ro� (4) feet, acce�s driveways� truck loading apaces or other hard surfact area� that handle motor vehicle traffic ahall De curbed xith a poured �ix (6) inch high concrete curb. (1) CurDing ahall be required around safety islands. (2) Curb cuts and ramps for the handicapped shall �e installed aa required by State lav. ,� (3) Construction ahall De in accordance with curbing specifications on file in the office of the City Engineer. (�1) The City may exempt curbing: (a) Khere the parking lot may directly aDut a�idewalk which is sufficiently higher than the grade ot the parking lot to substitute for the curbing requirecrent�. (b) iThere the City has approved future expansion. D. Driveway Requirement�: (1) A maximum driveway width of thirty-two (32) feet at the curb opening� excluding the entrance radii �hall De provided. (2) The parking aisle �hall De a minSmum of twenty-five (25) feet in xidth for txo-r�ay trarric and eighteen (18) feet in width for one-uay traffic. (3) The edge of the curb openi ng shall not De closer to the nearest portion of a street right of way intersection than seventy-five (?5) feet� or two-thirds (2/3) of the lot width (whichever is smaller). (4) uhere a"T" intersection exiata, a drive may be located opposite the end of the intercepted atreet. (5) A minimum driveway angle to the street shall be �ixty (60) degrees. E. All parking and hard surfaced areas shall be: (1) No closer than twenty (20) feet from any street right of xay. (2) No closer than five (5) feet fram any aide lot line� except for caamon drive�. (3) No closer than five (5) feet from any rear lot line unlea� ad�aeent to an alley, then the aet0ack shall be increased to tifteen (15) teet. (�) No closer than five (5) feet frem any building. (5) Curbed with mini¢� dx�iveway access radii of ten (10) feet to match the existing �treet curb. 205-40 P. Off-�treet parking ahall be provided for all vehicle� concerned witb any uae on tbe lot. G. Al1 parking facilities ot tifty (50) apacea or more sball D� �ub�ect to interior landscape improvementa aa approved by the City. A. Parking lots xitd more than tour (0) parking atalls ahall De �triped. I. Sutlieient concrete areas ahall De provided for motorcycle parking in addition to the required vehicle parking �talls. J. Bike rack� may De required in an area that is coavenient to each major Duilding entrance and will not diarupt pedestrian or vehicular traffic or tire lanea. 1C. Safety aigns, markinga and trattic control device� may De required to promote vehicular and pedestrian aafety. 205.0g6 LANDSCAPE REQQIREt4�NT3 1. The minimum landscaped area tor all multiple family dwelling� shall be thirty-five percent (35f) of the total aite. 2. A11 open area� of any �ite� except for area� used tor parking. driveways or storage �hall have ground cover and De land�caped with trees, �hruba� Derm� and other landacape materiala at a coat not less than ona and one half percent (i-i/2f) of the building con�truction co�ts. 3. A landscape plan shall be �ubmitted vhich indicate� the locatioe� sise and apecie�� and method and quantity of all propo�ed planta ineluding deaignation of any exi�ting vegetation which ia to be removed or whieh will remain with conatruction� for approval Dy the City. 4. Underground laWn sprinkling systems �hall De �rovided to IDaintain the laxn� and landscaping within the boulevarda� front and side yard areas. 205.097 PERFORMAACE STA�DiRD3 1. Farking Requiremeats. A. Existing Facilities: Off-atreet parking facilities �hall be no clo�er than twenty (20) feet from any atreet right of way. B. All driveway�, parking stalls and loading and unloading area� �hall De �urfaced with blacktop� conerete or other hard �urtace material approved by the City. 2. Ezterior Storage. A. Hothing �hall be stored in the required tront yard. B. All materials �hall be kept in a building or shall be tull� screened� ao as not to be visible from any public right of tra�. C. ?he City �hall require s Special II�e Permit for sny ezterior storage of materials. R-3 DISTRICI' LAIiDSCAPE RDQUIREF�NTS PERFORMAliCE STAliDlRD3 205-41 R-3 DISTRIC'P 3. Refus�. All waste materials� containers a� required Fridley City Code. •. Screening. refu�e or garbage �hall be contained in olosed under tbe chaDter entitled "I�Taste Disposal" of the A. Screening �hall consist of a�olid fence or Wall not les� than sis (6) teet high in the side and rear yard and a maximum of four (4) leet high in the tronL yard and �hall not extend to within fitteen (i5i feet of any street right of xay line. Plantinga may al�o De reQuired in addition to, or in lieu of� fencing. Tbe type� size and loeation of such plantings mu�t be approved by the Citr. B. Plantings shall aot De placed so as to oDatruct line� of sight of street corners and drivexaya. C. The screening requirementa shall be aatiafied Dy the u�e of a �creening fence or planting screen according to the folloving atandarda: (1) A acreening fence ahall De attractive� compatiDle xith the principal bui2ding and tAe �nrrounding laad u�e. (2) A planting �creen shall conaist of a clo�ely gro�n hedge� s rox of tree�� evergreen� or other vegetation approved by tbe City. (3) If the topography, natural groxth ot vege�ation� permanent Duildings or other Darriers meet the atandarda for acceening as approved Dy the City� they may De sub�tituted for all or part of the screening fence or planting �creen. D. Screening of off-�treet parking ahall De required for: (1) Any off-�treet parking area requiring more than four (4) space� or adjoining an R-t or R-2 Zone. (2) ArLy driveway to a parking area of four (4) or more spaces is vithin thirty (30) feet of an adjoining R-1 cr R-2 Zone. E. All refuse and garbage atorage receptacle� and loading docka must be located in the rear or aide yards and be screened from view from any puDlic right of way. Provisions must be taken to protect screening from vehicle damage. F. Where any multiple dr+elling di�trict ia adjacent to any other residential district, there ahall be a minimum fifteen (15) foot wide planting atrip that ahall be planted to provide for a physical separation. � G. All roof equipment� except alternate energy devices� muat be screened from public view unless the equipment is designed aa an integral part of the building and is compatible xith the lines of the Duildiag. 205-42 5. Drainage lad Crade Requirements. A tinished ground grade �hall De estaDlished auch that natural drainage away from all Duilding� is provided. The following minimum criteria ahall apply: A. A miniIDUm elevation of liniahed grade ahall not De le�s than one-tourth (1/4) inch rise per borizontal toot of �etDack measured from curb grade. B. The City may �pecify a minimum finiahed ground grade for any atructure in order to allow proper drainage and a minimum top of tooting elevation to allow for connection to City utilities. 6. Landacaping. The following shall be minimum criteria for land�caping: A. soaaing and landscaping shall extend across the entire front yard and �ide yard�, including the boulevard. B. All open areas ot any site� except area� u�ed tor parking, drivewaya� or storage ahall have ground cover and De landscaped with treea, shrubs, Derm�� and other landscaping material�. C. All u�es �hall provide water facilities to yard areas for maintenance of landscaping. D. It �hall De the owner'� re�pon�ibility to see that all land�caping 1� maintained in an attractive and vell kept condition. In caae any tree� or ahrubs shall die� the owner ahall replace them with a like �pecie�. Any dead or dar,aged sod shall De replaced. E. All vacant lots, tracts or parcel� shall De properly maintained in an orderly manner free of litter and �unk. q. Maintenance. It shall be the re�ponsibility ot the property owner to en�ure that: A. Everp yard and all atructure�� walla. fence�, valka, step�, drivewaya, and landscaping and other exterior development shall De maintalned in an attractive, well kept condition. B. Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight� weathertight and rodentproof� and �hall De kept i� a good �tate of maintenance and repair. Exterior walla shall De maintained free from extenaive dilapidation due to cracks, tears or Dreak� from deteriorated plaater� �tucco. Drick� xood or other material that give� evidence ot long neglect. C. The protective aurface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and proteetion of the atructural aurface againat ita deterioration. liithout limiting the generality of thi� section, a protective surface of a Duilding shall De de�ed to be out of repair if: (t) Hore than t�►enty-five percent (25i) of the area of any plane or �all on which the protective aurface is paint i� blistered, cracked� flaked� �caled or chalked axay� or R-3 DISTRICT 205-43 R-3 DISTRICT (2) Hore than txenty-five percent (25f) of tbe pointing of an� Drick or stone wall i� looae or has tallen out.. D. The Doulevard area of a premise� ahall be properl� maintained� groomed and cared for Dy the abutting property owner. E. The cleaning of the walkway or sidewalk shall De the aDuttins property oxner's resDonsiDility. ArLy ice or anar accumulations of two (2) or IDore inche� �hall be removed vithin twent�-four (2A) hours o! the atorm'� completion. 8. Easential Servicea. A. Connection ia required on each lot served by City �anitary �ewer. B. Connection i� required on each lot served Dy a City water line. 205-44 205.10 R-4 NOBILE BOl� P1Rb DISTRIC? RE�IILATIOHS 205•101 IISES pERMITTED 1. Priacipal Oaes. Tde folloxir�g is a principal uae in R-4 Districta: Mobile home park developments 2. �ccessory Oses. The following are acces�ory u�e� in R-4 Districta: A. Parking t'acilities B. Zndividual storage buildings, vith a maximum of 150 square feet per lot. C. Private recreational tacilitiea or a central Duilding which ' include� sximming pools� tennia court�� laundry facilitie�� ete., intended �olely for the u�e and enJoymenL of the residents of the principal uae and their gue�t�. D. Home occupation�. 3• IIsea Per�itted YitD A Special IIae perait. The following are u�e� permitted with a Special ��e Permit in R-4 Diatrict�: A. Wind generator� and other touer mounted energy devicea exceeding a height of twenty (20) feet aDove the dvelling roof. B. Solar energy devices NOT an integral part ot the principal atructure. � C. Exterior storage of materiala. �. Additional Re�trictions. For use� other than principal u�es� require�ent� as to lot aize, setDack�, Duilding, parking� landscaping� acreening� etc. ��hall be at lea�t comparaDle to aimilar usea in other di�trict�� but al�o �ub�eet to additional provisions as provided Dy the City. 205.102 DSES ExCLIIDBD Aryr uae allowed or excluded in any other district unleaa specifically allowed under O�es Permitted of this distriet. R-4 DIS?RICT R�QL�TIONS OSES PERMI??ED DSE3 E2CLODED 205-45 205.103 LOT RDQDIREI�NTS AtD SETBACIG4 1. Lot �rea. A. Each dwelling site in a mobile home park sball 6ave a minimum of 3500 aquare feet. H. Each mobile bome park shall have a minimum of teu percent (10�) of tbe total land area to be used for open space recreation area�. 2. Lot Coverage. Hot more than thirty percent (30f) of total area u�ed for the mobile home park ahall be covered by all unit� and accea�ory atructure�. 3. Setbacks. No moDile home shall De placed any closer to a public �treet right of wa� than thirty-five (35) feet nor any closer to any other district than fifteen (15) feet. 205.104 PARRI1iG RDQDIREI�NTS 1. Stall Proviaion�. 1ti+o (2) off-�treet parking apace� shall De provided foc each unit unleas the private acce�s roads are surf aced to a thirty-aix (36) foot minimum vidth. 2. CurOing And Drainage. All interior street� shall have concrete curba and the road �urface constructed according to City atandarda to handle drainage according to a City approved drainage plan. 205.105 LAHDSCAPE RDQOIREI�IiT$ ' 1. A� of February 1� 1g83� the minimum land�caped area for all moDile home dwellings shall De thirty-tive percent (35xi of the total �ite. 2. All open areaa of any site, except for area� uaed tor parking� driveway� or storage shall have ground cover and De landscaped with trees� shruDs. Derms� and other landscape material a st a co�t not lea� than one and one half percent (1-1/2�) of the building construction co�ts. 3. A landscape plan shall be suDmitted which indicate� the location, size and apeciea� and method and quantity of all proposed plant� including designation of any exi�ting vegetation which is to be removed or which will remain with construction� for approval by the City. 205•106 PERFORMAICE S2A/DLRDS 1. Parking Requirements. - J111 driveways and parking atall� shall De surfaced with blacktop� concrete or other hard surface material approved by the City. 205-46 R-4 DISTRICT LC! RDQDIREl�NTS AgD SETBAC[.4 PARICING RDQOIREt�NTS LAJiDSCAPE RDQIIIREt�NT3 PERPOR?�AJiCE S?!I]fDARDS 2. tsterior st0!'iaf. A. All materials sDall De kept !a a �uilding or aball p� full� screened� ao as not to De vtaible from any pu0lic right of va�. D. ?he City sAsll require a Special IIae Permit tor any outaia• exterior storage of materials. 3• aetus�. All va�te materisla. refuae or garDage ahall De contained i� eloaed container� aa reQuired under the chapter entitled "Wa�te Diapoaal" of Le� F�idley City Codt. �. Screenina. A. Screening �hall conai�t of a aolid fer►ce or wall not leaa than siz (6) feet high in the aide and rear yard and a maximum of four (�) feet high in the front yard and ahall not extend to within fifteen (15) feet of any atreet right of way line. Plantings may also De required in addition to� or in lieu ot� tencing. The type, aize and location o! auch plantings mu�t De aDproved �y the Cit�. 8. Planting� ahall eot be placed �e a� to oD�truct linea ot sight of atreet corners and drivexays. C. ?he screening reQuirement� ahall Ds aatiafied Oy the uae of a screening tence or planting screen according to the tollowins atandards: (t) A acreening fence shall De sttractive� compatiDle with tbe principal Duilding and the surrounding land use. (2) A Dlanting screen �hall conaist of a clo�ely groxn hedge� evergreena or other vegetation approved Dy the Cit�. (3) If the topography, natural grorrth of vegetation� permanent Duilding� oc other barriera meet the atandard� tor screening as approved �y tAe City� they may De au��tituted for all or part of the acreening fence or planting aereee. D. Screening of oft-�treet parking ahall De reQuired tors (1) Any off-street parking area reQuiring more than four (#) �pace� or adJoining an R-1 or It-2 sor�. (2) Ar�y driveuay to a parking srea ot tour (4) or more space� is within thirty (30} feet ot ari sd�oining R-1 or R-2 sone. E. All refuse or garDage storage receptacle� and loading dock� must De located in the rear or side yard�� and De acreened from view trom any puDlic right of way. Provision� mu�t De taken to protect acreenins trem ve�icle damage. �. Where any mobile home park diatrict is adjacent to any other re�idential diatrict. there shall De a minimum fifteen (15j toot xid• planting atrip, that �hall be planted to provide for s phy�ieal separatio4. . R-4 DISTRZC? ZOS-�7 C. All roof eQuipment� except altereate energ� device�� eust 0• screened from puDlic viex unle�� tEe equipment i� deaigned a� an integral part ot tbe building and ia eompatiDle xith the line� of tD� Duildinj. S. Drainage Aad Grade ReQuireaents. A fini�hed ground grade ahall De estaDlished such that natursl drainaa�. axay from all building� is provided. The tollowing minimum eriteria sbal 1 �DP17= A. The minimum elevation of a tinisDed grade �ball not De lesa than one-tourth (t/�) inc6 riae per horizonta2 toot of aetDack measured from curb grade. 8. The City may apecity a minimum finished ground grade for an� atructure� in order to allow proper drainage and connectioa to City utilities. 6. LanC�capit�. A. Sodding and land�caping �hall extend acroas the entire front yard and aide yard� including the Doulevard. B. All other open area� of any aite� ezcept for aresa used for parking� driveways or atorage� aDall Aave ground cover and De landscaped Mith tree�� hruD�� Derms, and other land�caDe materials. C. All u�e� ahall �rovide water facilitie� to yard area� tor maintenance of land�caping. D. It shall be the or+ner's respon�iDility to aee that all land�capin6 ia maintained in an attractive and well kept condition. In ca�e any tree� or ahruD� aha21 die. the owner aAall replacs them viLh a like �pecies. Ar�y dead or damaged �od �+ill De replaced. E. Al1 vac.ant lots, tracta or parcela �hall Oe properly maintained in •n orderly manner free ot litter and �unk. �. Maintenane�. It ahall De the respon�ibility of the property owner to ensure thats A. Every exterior wall� foundation and root of any Ouilding or atructure ahall De reasona�ly xatertight� weathertight and rodentproof and ahall De kept in a good atate of maintenance and repair. Exterior wall� �hall De IDaintained fr•eefrom extenaive dilapidation due to crack�, tears or Dreaks from deteriorated plaater� stucco� Drick, xeod or other material that give evidence ot long negleet. B. The protective anrface on exter3or xalla of a Duilding ahall be maintained in good reDair and provide a aufticient covering and Drotection of the �tructural surface againat its deteriorstion. Without limiting the generality of thi� section, a protective aurfaee of a Dui2ding �hall De deeaed to Ds out ot repsir if: 205-48 (1) Nore thaa txenty-five nercent (25S) of the ares of any plane or vall on which the protective surtace is paint ia Oli�tered, eracked. flaked� acaled or chalked avay, or R-a DISTRICT (2) Hore tban twenty-tive percent (25i) of the pointing of any' Drick or stone vall is loo�e or has fallen out. C. Every yard and all �tructures, walla, fence�� walks� atep�� drivewaya� landacaping and other exterior development� �ball be maintained in an attractive, well kept condition. � D. The Doulevard area of a premiae� �hall be properly maintained, . groomed and cared tor by the aDutting property owner. E. The cleaning of the xalkxay or �iderralk shall be the aDutting proDerty oxner'a responsiDility. Ar�y ice or �now accumulation� ot two (2) or more inches shall be removed xithin txenty-t'our (24) hours of the storm'a completion. 8. Esaential Ser�laea. A. Connection is required on each lot served by City sanitary sewer. 8. Connection is required on each lot �erved Dy a City water line. R-4 DISTRICT 205-49 205.11 S�ICLE Fl�li�.? ITTACHED DEYELOPI�NT RF�IILATIONS 1. This �ection only applies to a development of five (5) or more acres. 2. Tbe purpoae of thi� section is to provide for and encourage advances in bou�ing design, change� in types of dwelling�� more flexibility in lay out and aite planning� and the more efficient u�e of land� open space and puDlic facilitiea. 205.111 PROCEDURE FOR SINCLE FAHIL? ATTACHED DEVII.OPt�HT ♦PPa0V4L 1. The owner of any contiguous parcel(a) of land containing five (Si or more acres in any residential district may apply to the City Council for development of said tract under this aection. Application for a Single Family Attached Development shall De made by the ow ner of the property� except that an option holder may apply for a Single Family Attached Development provided the application ia accompanied Dy aigned lettera stating that there i� no oDjection from tAe owner or owners of all land included in the application. 2. fie application ahall be filed xith the City and ahall De accompanied Dy a minimum of three (3) copiea of the prel iminary plan containing the follawing information: A. A aite plan showing Duildinga� parking area�, curDing� drivewaya� �idewalk�, fencing� dt�ainage� outside utilitiea, and easement�. B. A land�caping plan �hoving ouL�ide aurtace development including aodding� blacktop� concrete� ar�d plantings. C. An architeetural plan, sections and elevationa �pecifying the exterior material to be uaed. D. The den�ity of land u�e. E. The height of all Duilding�. F. The aize of all buildings. G. The feasibility �tudy for di�poaal of �anitarq wa�te and storm sewer. H. The propoaed water service. I. The proposed �taging and timing of the plan. 3. The Planning Cac�mission will review the preliminary plan� and then auDmit their recoaaendations to the City Council tor approval. A. I! Council approval is granted, a final plan vill then be Drepared. SF� DE9II.OPl�NT REGOLAiIONS PR OCEDO RE FOR SF� AFPROVAL 20 5- SA S. The final plan �hall be filed with tDe City no later than 180 daya after approval of the preliminary Dlan i� given Dy the City Council. Tbe tinal plan shall include three (3) copies of the follawing: �. A final aite plan indicating placement snd type of all Duildinga and tt�eir u�ea. B. Aa elevation drawing of the proposed development which xill beat indicate the height and aize of all atructure�. C. A landscape plan. D. A drainage plan. E. Any change� in the final plan cau�ed Dy amendmenta Le Lhe preliminary plan Dy the City Council. ' 205.112 STAt�iDtRD3 1. Lot Requirenents. �. Lot Coverage: Tha maximum ground floor area for the �um of all Duildings in the project ahall not exceed twenty-five percent (25f) of total land area in the Single Family Attached Development. B. Densitie�: Tbe lot area per unit� for the folloxing district�, s6a11 be aa follar�: j�ZSTRICT LOT REA/UNIr R-1 9, 000 Sq. Ft. R-2 5�000 Sq. Ft. R-3 3�00o sq. tt. The lot area required per dWelling unit ahall De eemputed by inclnding the entire development� including the street�, +ralk�� open area�, and public facilitie�. 2. The Single Family Attached Development shsll meet the minimum requirement� tor lot aetback�, Duilding requirementa, parking requirementa and performance standards of the residential district in vhich it ia Deing locaLed. 3. Special Require�ents. SFA DISTRICT STANDARD3 •. Ar�r and all common open space shall be labeled a� �uch. The inteat or designed function and provisions for maintenance, ownershi� and preservatioa shall De made in accordance xitb the provisions o! the "Apartment Ownersbip Act"� Chapter 457� Laxs ot 1963 (HSA/515•01 to •� 5t5.29)� a copy ot xhich ahall be provided to the Cit�. 205-S1 B. 1'8� tinal plan �hall include all yroposed covenant�, restrictiona and easenents to run_vith the land, together with any provisions for relea�e from �ame; proviaions for dedication of eaaement tor puDlia atreeta� way� and facilities; den�ity� aize and location of all atructure�. All or any of the foregoing may De modified as deemed - necessary by the City Council for tbe preservation of publie bealth, aafety and general weltare of the residenta of the City of Fridle�. �, � C. ilhen a Single Family Attached Development is granted in aa R-1 Di�trict, the development ahall consist of ox ner occupied dwelling uni ta. D. Membership i� a Single Fami2y Attacbed Development ahall De made part of the agree�ent of the aale of each dwelling unit. E. A fee for tiling a Single Family Attached Development i� reQuired a� establiahed in Chapter 11. SFA DISTRICT 20 S- 52 205.12 P pQBLIC FICILITIES DISTRIC? RF�QLlT201t3 1. P Di�tricta include auch land areas, Katerw ay s and kater areaa which are a+ned, controlled� regulated, uaed or propoaed to De u�ed by the CiL� ot Fridley or other goverrrmental body. 2. Ceneral Provialons. �. A P di�trict ia automatically designated at the time of land purchaae for the Drincipal uses aet fortA in Section 205.121. 8. A P district� upon removal o! puDlic uae� automatically reverts Dack to the original zoning that wa� on the property prior to the taking for �uch use. • 205•121 OSES PERMIZTED 1. Principal IIsea. The tolloving are principal u�es in P Diatrict�: A. PuDlic Duilding� and uaes. B. Public parka� playgrounds� athletic fielda� golf course�� sirporta and parking area�. C. Public streets, and thoroughfares. alley�, easement� and other public xays� highwaya D. PuDlic drains� �ever�, water line�, water storage� treatment and p�ping tacilitie� and other public utility and aervice tacilities. E. Temporary public houaiag required and designed to rel ieve a critical hou�ing �hortage. P. Other puDlic and Drivate or nonprofit uaea as are nece�sary or ineidental to a puDlic use. 2. lcceaaory IIaes. Tbe tollowing are acce�aory use� in P Districts: •. Dwellinga or dwelling unit� tor employeea having dutie� in connection with any premises requiring them to live thereon, including familie� of such e�ployees when living vitb the�. B. Solar energy device� as an integral part of the principal atructure. 3. Oses Permitted With 1 Special IIse Fermit. The lollowing are uses permitted witb a Special IIse Permit in P Districta: A. Otility companie� having tran�former�� pumping stations and subatations aubJect to the following IDinim�aa requirementa: P PUBLIC P�CILITIES DISTRIL? OSES PERMITTED 205-53 (t) They muat conform to neighDorhood setbacka� open apaces and deaign. (2) ?hey must De screened trom adjacent di�tricta Dy solid fencing or appropriate landacaping as approved Dy the Zoning Administrator. B. Wind generators and other taxer mounted energy device� exceeding a height ot tr+enty (20) teet above the structure root. C. Solar energy devices NOT an integral part of the principal atructur�. �. �dditional Reatrietions. For uae�, other tban yrincipal uae�, requirementa s� to lot aize. aetbacks, Duilding� parking� lanQscaping, acreening� etc.. sha22 be at least comparaDle to similar uses ia other district�, Dut alao subject to additional provi�ion� as reasonabZy provided Dy the City. 205.122 OSES EICLIIDBD Ar�y u�e allowed or excluded ia any other district ualeas specificall� al2owed under Use� Permitted of Lhia district. 205•123 LO? RDQOIRF?�NTS Ai(D SETBAClC3 All 2ot requirements and setDack� for u�ea in this district �hall be comparaDle to other aimilar usea that are allowed in other di�trict�. 205.120 BUILDItiC REQOIRFF?�NT3 All building requirement� tor use� in this district shall De comparaDle to other �imilar use� that are alloxed in other disLricts. 205•125 P11RRLiG REQOIREl�HTS All parking requirement� for use� in this district shall be comparable to other similiar uses that are allorred ia other diatricta. 205•126 LAJiDSCAPE RDQUIREI�RTS Al1 performance standard� for uses in this district �hall b�e comparaDle to other similar uses that are alloxed in other diatricta. 205.12i PERFORMANCE STA�DARD3 All pertormance standarda for use� in this di�trict shall De comparable to other similiar uses that are al2owed in other di�trleLa. 205- 54 P DI5TRICT OSES EZCLODED LOT REQOIREMENTS AAD SETBACIC.S BOILDLIG REQDIRENENTS PARICII�G REQII IREt�K?S LANDSCAPE RDQIIIREt�ATS YERFORMAACE S?AlfDAAD3 205•/3 C-1 LQCLL BOSINESS DISTRICT RF�QLITZON3 . Y05.131 OSE3 PERMITTED The following are principal u�ea in C-1 Diatricta: 1. Priacipal IIaes. A. Mt Shops B. Profeasional Studios C. Comenience storea, grocery store� and service�, including laundry, dry cleaning, Darber ahops� beauty shopa, shoe repair� tailoring, �ocksmith, and other small repair ahops related to retail service and catering to neighborhood patronage. D. Retail servicea� including �evelry� hardware, �porting gooda� �ecords and muaic, variety and notion�, drug� appliance and clothing ahopa and llvwer shops. E. prote��ional oftice� including services of inedical and dental clinics� laxyer�� real estate� optcmetrista, etc. 2. Accea�ory IIse�. The following are accessory usea in C-t Districta: A. Oft-street parking facilitie�. B. Off-street loading facilitiea. C. Storage of inerchandise solely intended to be retailed by the principal use. D. Solar energy devices a� an integral part of tde princiyal structure. 3. Dses Permitted Mitb A Special IIse Perait. The following are uses Dermitted rritb a Special IIae Permit in C-1 Di�trict�: A. Theater�, lodges and assembly facilities having a�eating capacity of less than 300 persons� but not including outdoor theater�. B. Hospitala, nuraing homes, convalescent homes and home� for the elderly. C. Helicopter landing pad� tor hospitala. C-1 DIS?RICT RF�ULA2IONS OSES PERlQTTED 205-55 C-1 bISTRICT D. Liquor atores selling Dackaged goods. E. BaNc� or other financial institutiorw. F. Motor vehicle tuel and oil dispen�ing aervice aa an accessory us• to a convenience atora I! s Special II�e Permit i� granted� tbe following minimum conditions mu�t be met in order to protect the puDlic 6ealth� aafety and general weltare. Becauae of traffic hazarda� noiae� lighL glare ai night, ouLdoor atorage of inerchandise, indiscriminate adverti�ing, and other characteristic� of this type of busines� which are potentially detrimental to the community� these minimum atandarda shall De considered� along xith any other recomaendation� the City may determine reaaonably necesaary to eliminate the particular proDlems in achieving compatib211ty wit6 aDutting and adjacent land usea. (1) The use ahall not provide outdoor operatio� of lubrication equipment, t�ydraulic lifts or service pit�; or the outdoor display of inerchandise, except for the outside undergrouad storage ot gasoline and other petroleum product�; or the display ot petroleum products Detxeen p�p�; or the temporary diaplay of inercha�diae within four (4) feet of the station Duilding. (2) ?he property shall not be used aa s place of atorage or depository of wrecked, aDandoned or �unked motor vehicle� or the aale or displ�y of used motor vehiele�. (3) Ar�y required buffer or screening area will De ao con�tructed a� to obstruct headlight Deams of motor vehicles on the property from beaming onto adjacent restdential propert�. (4) Activities ProhiDited: (a) Heavy duty repair garages. (b) Vehicular parking except that for the owner•s snd employee's automobiles. G. Wind generators and other tower mounted energy devices. H. Solar energy devices NOT an integral part of tDe principal structure. I. Exterior atorage of materiala. �. Additional Restrictions. For uses� other t6an principal u�es� requirementa a� to lot aize, aetback, building� parking� landscaping, screening� etc., ahall De at lea�t comparable to aimilar uses in other di�trict�� but also subjeet to addttional reasonable proviaions as provided by the City. 205- 56 205•132 OSFS EZCLODED Arq ua� alloxed or excluded in any ot6ec district unlesa apeciticall� alloved under Oses Permitted of thi� di�trict. 205.133 LO? A�OIREF�NTS AND SETBACIGS 1. Lot Qrea. A minimum lot area of 20,000 square leet is required. 2. Lot Coverage. A. The maxtmum percent of the area of a lot allowed to De eovered �y tbe main Duilding and all acces�ory Duilding� is aa follows: (1) One (1) �tory - torty percent (401) maximum. (2) 'i1�+o (2) �tory • t6irty-tive percent (35i) maximum. (3) Three (3) �tory - thirty (30�) maximum. 8. �e above lot coverage� vill be aubject to otber con�iderations, including Qarking and open �pace reQuir�ent�, uae of facilitie�� and proximity to other diatrict�� wbich may decrea�e tbe maximum lot coverage. 3. SetDacks. A. Front Yard: Permitted Duildinga and use� exceDt automobile parking and loading �pace�� drivexay�� easential aervice walk�� and planting �pace� ahall not Qe cloaer to aryr public right of way than thirty-five (35) feet. B. Side 7ard: ZYo (2) aide yards are required� each with a vidtb ot not le�� than fifteen (15) feet except: ' (1) Wbere a driver+ay ia to be provided in the aide yard� the minimum required �ide yard increase� to thirty (30) teet. (2) i�R�ere a aide yard aDuts a atreet of a corner lot� the aide yard require� ent increasea to a minim� ot thirty-tive (35� teet. (3) No aide yard ia required vhere a common wall i� provided Detween tvo (2) Duildinga� xhich meet the requireaent� ot the Building Code. C. Rear Zard: ♦ rear yard of not Ie�s than trrenty-tive (25i feet ia required. D. AQditional Setback Restrictiona: � Permitted Duildinga anQ usea, ezcept automobile parking and loading �pace�, driveKays� easeatial services� walks and planting �Dacea� ahall not De cloaer to tbe boundary line of uv► adjacent reaidential di�trict tQan tDirty (30) feet to allar tor Dlanting bufters. C-1 DISTRICT OSES HICLODED LO? RDQOIREl�N7S LiD SE�BACl�.4 205-57 C-1 DISTRICT 205•13� BOII.DZHC REQOIREt�NT3 i. Aeight. Building 6eight shall be a maximum of three (3) storie�� not exceedins forty-five (45) feet. 2. Pstsrior Nateriala. ?he type of Duilding materiala used on exterior wall� ahall be face Drick� natura� �tone, specifically designed precast concrete, factory fabricated and fini�hed metal frame paneling, gla�s or other material� approved Dy tha Ci ty. 205•135 PAitLING RDQ�IREl�NTS 1. ReducLion Ot Parking. When �hown by the applicant that the provision of �pace reQuired for parking �tall� due to the particular nature of tbe proposed use or other considerations r+ould De an unnecessary hardship� reduction of parking , �tall� may be allowed Dy the City provided that adeQuate open apace ia '. provided to meet the total numDer of required atalls. --- 2. Additional Parking. When the provisions tor parking �pace required for �pecific district u�es is inadequate� the City may require additional off-street parking De provided. 3. parking Ratio. A. At least one (1) oft-�treet parking �pace sha22 be prov2ded tor each 150 square feet of Duilding floor area in the C-1 District except: (1) At least one (1) otf-�treet parkiag apace ahall De provided for each 100 square feet of Duilding floor area tor all theatera, lodges and assembly facilities. (2) AL leaat one (1) oft-street parking �pace ahall De provided for each 250 square feet of building floor area for office u�e. 8. At least one (t) handicap off-�treet parking apace shall De provided for each fifty (50) spaces or fraction thereof. 0. De�ign Requirements. A. Drainage; All drivewaya and parking areaa, exceyt those for less than four (4) vehiclea, shall be graded according to a drainage pla n which has bee n approved by the City. 8. Lighting: ArLy lighting used to illuminate an off-street parking area �hall ee shaded or diffused so as to reflect the light away from the ad�oining property and tratfie. 205-SB BO II.DIt�i RDQDIREMENTS PAAICIDIO RDQOIREl�NTS C. Curbing: � 1'he entire perimeter of all parking area� in exce�s of four (4) atalla, acces� drivewaya, truck loading spaces or other hard �urface areas that handle motor vehicle traffic ahall be curbed xith a poured aix (6) inc6 - high concrete curb. (1) CurDing ahall be required around safety islanda. (2) Curb cut� and ramp� !or the handicapped shall be installed as required by State law. (3) Con�truction shall De in accordance with curbing �pecifications on file at the City. (4) The City may exempt curDing: (a) ilhere the parking lot directly abuts a aidewalk which ia sufficiently higher than Lhe grade ot the parking lot to aub�titute for Lhe curDing requirements. (b) ilhere the City haa approved future expansion. D. Driveway Require�ent�: (t) A maximum driveway vidth of thirty-two (32) feet at the curD opening, excluding the entrance radii can De constructed. (2) The parking aisle shall be a minimum of twenty-five (25) feet in width for two-xay traffic and eighteen (18) feet in xidth for one-xay traffic. (3) The edge of the curb opening ahall not be clo�er to the nearest portion of a street right of xay intersection than �eventy-five (75) feet or txo-thirds (2/3� of the lot width, whichever is smaller. Uihere a"T" interseetion exi�t�, however� a drive may De located opposite the end ot the intercepted atreet. (4) A minimum drivew�y angle to tAe street ahall be sixty (60) degreea. E. Al1 �arking and hard surface area� shall De: (1) No closer than twenty (20) feet from ar�y atreet right of way. (2) No cloaer than five (5) feet from any side lot line� except tor a common drive. (3) Ho closer than five (5) feet from any rear lot line unle�� ad�acent to an alley, tben the �etback sball be in�reased to fifteen (15) feet. (4) No clo�er than five (5) teet trom the main building. (5) Curbed with minimum drivevay acces� radii ot ten (10) feet to match the existing �treet curb. C-1 DISTRICT 205-59 � F. Loading docks: (1) Out�ide loading docks shall be located in the rear yard or aide yard and be properly acreened. (2) The �pace needed for tbe loading docks mu�t be adequate to handle the loading and unloading needs� without oDstrueting tb� public right of vay. G. Off-�treet parking aha11 De provided tor all vehicles concerned with any ot the usea on the lot. H. All parking facilitiea of fifty (50) apace� or more sball De auDjeet to interior landscape improvement� a� approved Dy the City. I. Parking lot� xith more than four (4) parking atalls shall De atriped. J. Sufficient concrete areaa shall be provided for motorcycle parking in addition to the required vehicle parking`atalla. 1C. Bike racks may De required by the City in aa area that ia convenient to each ma�or building entrance and will not diarupt pedestrian or vehicular traffic or fire lanes. L. Safety aign�, marking� and tratfic control device� may be required� to promote vehicular and pedestrian safet�. 205.13b LAADSCAPE RDQOIREMENTS 1. The minimum landsc ed area for all business and coamercial uses �hall be twenty percent Ox) f the total �ite. 2. All open areas of any site� except for area� used f or parking� drivexaya or storage shall have ground cover and De landacaped vith treea, �hruDs� berms and othe ape material� at a coat not leaa than one and one half percen (1- 1/2f) the Duilding construction co�ts. 3. A landscape plan �hall be suDmitted which indicatea the location, aize and apecies, and method and Quantity of all propo�ed plants including designation of any exiating vegetation rrhich is to De rtmoved or wkicb xill remain xith conatruction, for approval Oy the City. 4. Onderground lawn �prinkling syatems shall be provided to maintain tde lar+ns and landscaping xithin the boulevards� front and side yard area�. 205.137 PERFORMA�TCE STllliDiRD3 t. Yarking Facilities. All driveway�� parking areaa� and loading docks ahall Oe surtaced vith blacktop, concrete or other hard surface materisl approved by the Citr. 205-60 C-1 DISTRICT � LAXDSCAPE REQOIREMENTS PERFORHA�CE STAADARDS 2. Lsterior Storage. A. l�othing �hall De atored in the tront yard. H. All materlala and coomercial equiDment ahall De kept ip a �uildins or ahall De fully screened� ao aa not to be �SaiDle from aar puDlio right ot way or adjoining property in s different district. • C. ?De City aDall require a Specisl IIae Permit for any exterior storage. 3. Refus�. Al1 xa�te material�, refu�e or garbage �hall �e contained i� clo�ed container� a� reQuired under the chapter entitled "i�►aste Di�posal " of th� Fridl�y City Code. - �. Screeair�. A. Screening shall con�i�t of a aolid tence or xall not le�s tAaa ai: (6) feet high in the aide and rear yard and a maximum of tour (4) feet high in the front yard and �hall not extend to within tifteen (15) feet of any street right of way line. Plantinga may also Oe ceQuirad in addition to or in lieu of tencing. The type� �ize snd location ot auch plantings muat �e approved Dy the Cit�. 8. Planting� �hall not De placed so a� to oDstruct linea of sigh t at atreet corner� and driveways. . C. The �creening requirement� aDall De �ati�fied Dy the u�e of a screening tence or planting acreen according to the t'ollowins �tandards. (i) A�creening tence shall De attractive, compatiDle with tbe prineipal building and the aurrounding lana uae. (2) A planting acreen shall conaist of a clo�ely grown hedge� a rar of treea� evergrees�s or other vegetation approved Dy the City. (3) If the topography� natural arovth of vegetation� per�anent Duilding� or other Darriera meet the �tandard� tor acreening as approveC Dy the City� they may Oe auD�tituted tor all or part of the acreening fence or plsnting acreen. D. Screening of oft-�treet parking �hall be required tor: (1) Any oft-�treet parking area reQuiring more than (4� �pacea or ad�oining a reaidential zone. (2) Any drivexay to a parking area of 5ouz t4) or more spacea vithin thirty (30) teet of sn adjoining residential zone. C-1 �ISTRICT 20S-61 � C-2 DISTRICT (j) Aryr parking facilit� Detween the Duileing and frontsge stre�t mu�t De acreened lrom the atreet Dy a bedge, solid tence or clo�ely grovn planting atrip� at lea�t t6irty-aiz (3b� inches 14 height. t. All loading docks must be located in the rear or aide �ards� and Da �creened vith a ais (6) foot minimum, aolid acreening fenc� i! viaible from public right of vays or it xit�in thirty (30) teet of ad)acent residential di�tricts. !. Yhere anp commercial district is adjacent to any reaide ntial district� there �hall be a minimum fifteen (151 toot wiae planting atrip that ahall be ylanted to provide for a Dhyaical aeparation. G. Wt�ere sny coa.mercial district ia adjacent to a public right of vsy or acro�s from any re�idential diatrict� tDe tollowing requirementa must De met: (1) There �hall be s tive (5) toot �idewalk located along the property line. Council may allox the applicant to dels� tbe inatsllation of tb� sidewalk� if the applicant aign� an agreement Lhat it vill p� constrvcted when the City require� tAe installatioa. (2) There �hall Oe a fifteen (15) foot planting atrip located behind the required sidewalk� that i� �ubatantial enongh to create a phy�ical �eparation Detween the puDlie right ot vay and th� commercial property. H. All traah or garDage storage receptaclea mu�t De located in the rear or �ide yarda and De totally screened f rom view from any publie right of Way. I. A21 raw maieriala� aupplie�� fini�hed or �emi-finished products and equipment� not including motor vehiclea� ahall De atored xithin an enclosed Duilding or Oe screened on all �ide� from view from a publio right of way or an adjoining property Dy a fence or other approved acreen which extend� two (2) feet aDove the highest item to De stored vith the heigAt ot the fence not to exceed eight (8) feet. J. Hotor vehicles necea�ary to the operation of the principal use ma� De stored, without acreening only within the permitted rear yard area, if they are not readily visible from a public right of w�►. �. R11 root equiQment. rxcepL alternate energy devicea� mu�t De acreened from public view unle�a the eQuipment is deaigned as an iategral Dart of the Duilding and i� coc�Datible with the lines ot t6e Duiiding� a� determined �y the Cit�. 205-62 C-1 DISTAZCT S. Drainage Aad Crade Requiremeats. A tinisl�ed ground �ade ahall De e�tabli�hed aucb that natural drainag• axay trom sll Duildinga ia provided. The lolloxing minl�um criteria aball apply : - A. Tbe minimum elevation of linished grade �hall not Ds le�s thaa one-tourtb (1/�) incb riae per porizontal toot of setDack mea�ured trcm curb arad�. • D. Tbe Cit� ma� apecify a minimum finished ground grade tor an� structure in order to sllow proper drainage and connection to Cit� utilities. 6. Land�capir�. A. It �hall De the owner'a re�pon�ibility to �ee that all landacaping i� maintained in sn attractive and xell kept condition. In ca�e any trees or �hrubs �Aall die� the or+nera ahall reDlace them with a like apecies. Any dead or dazaged aod �hall De replaced. B. Al1 vacant lota� track� or parcela �hall De properly maintained in an orderly manner free of litter and �unk. C. All u�e� �hall provide �ater facilitiea to yard areaa !or maintenance of land�capina. �. Maintenanc�. Tt ahall De the reaponaiDility ot the property owner to enaure that: A. Every exterior vall� foundation and roof of any Duilding or �tructure shall De reasonably vatertight� weathertight� and rodentDroof� and ahall be kept in a good atate ot maintenance and repair. Exterior wall� �Qall De maintained free from extenaive dilapidation due to cracka� tear� or Oreaks from deteriorated plaater, atucco� Drick� wood or other material that givea evidence of long neglect. B. ?ha proteetive aurface on e=terior wall� of a Duilding shali be maintained in good repair and provide a aufficient covering and protection of the atructural surt'ace against its deterioration. ilithout limiting the generality of this �ection� s protective �urtaee of a Duilding ahall De deened to De out of repair it: (1) Hore than twenty-five percent (25f) ot the area ot any plane. or wall on which the protective surface is paint i� Dli�tered, cracked, flaked, scaled or chalked axay, or (2) Hore than twenty-five (251i of tDe pointing of any Dricic or stone wall ia looac or 6aa fallen out. C. Every yard and all atructurea� vall�� tence�� walka� steps� driveways, land�caping and other exterior developmenta ahall p� maintained in an attractive� xell kept condition. D. Tha Doulevard area of a premises shall De properl� maintainea, groccaed anQ cared for Dy the aDutting proDerty ovner. 205-63 E. The cleaning of tDe xalkwa� or sidevalk ahall 0• tIIe aDuttins praperty owner's responaiDility. My ice or snow accumulation� of two (2) or more inche� ahall Oe removed witbin txenty-tour (2�? hours of the storn'a complttion. D. Bs�eotial Ser�ic�s. A. Connection is required oa each lot aerved Oy City aanitary sewer. 8. Connection is required on each lot aervea Dy a City vater lin�. � 205-64 C-1 DISTRZCT � 205.1# C-2 Gi]iERAL BIISZI�IESS DI31'RIC? RDGOLATION3 205•141 OSE4 PERHITTED t. princiDal IIaes. lT�e tollowing are principal u�ea in C-2 Diatricts: �. All usea allo+aed under C-t Principal II�e� and CR-1 Principal D�es of thia chapter. B. Office facilitiea� including general bu�ine�a office�� corporate beadquarter facilities and major employment offices. C. fieater�, lo�ges and a�semDly tacilitie� not including drive-in theater�. D. Ccc�mercial recreation, not including massage parlors. E. Restauranta, not including "drive-ins". P. Vocational trade schools� bu�ine�s acbool�, college� or universitie�. a. Hortuaries. H. Ofticea. I. Day care centers. J. Hotela and motela. IC. Hu�ewms and art galleriea. L. Depart�ent �torea and variety �torea. M. Other retail. wholeaale or service activities rhich deal directly with the customer for whom the good� or aervices are furnished and are aimilar to those �pecifically allawed aDove. N. Hospital�� clinic�, nursing hemea, convalescent homes and hame� for the elderly. 0. Liquor store�, aelling package goods. P. Banks or other financial institutiona. 2. Acces�ory II�ea. The following are accessory use� in C-2 District�: �. Sign�. B. Off-street parking facilitiea. C. Ot`f-street loading facilities. D. LaDoratoriea, s�ch as medical. dental or optieal� and otber nonoffensive laDoratorie� acceasory to permitted uses oa the property. E. Storage of inerchandise� solely intended to De retailed by Lhe principal u�e. P. Solar energy devices aa aA integral Dart ot tbe principal C-2 DISTRIC? Ri�OLATI0N3 IIS83 FERMITTED Z05-65 C-2 DISTRICT atructure. 3. Qses Fermitted iiit6 • Special Qse Fermit. ?he following are use� permitted with a Special IIse Permit in C-2 Districtas �. Bu� and taxi terminal s. B. Autcmobile agencie� selling or di�playing new and/or uaed vebicles. C. Agencies selling or displaying recreational vehicle�, boat� aad marine equipment, machinery� manufactured homea, or other similar enterprises having merchandise in the open and not within an enc2osed atructure. D. Repair garages. E. Automobile service station� and motor veEicle fuel and oii dispensing aervice�. It a Specia2 IIae Permit !a granted, the following minimum conditions mu�t De met in order to protect the public 6ealtd� �afety and general welfars. Becau�e ot traffic hazard�� noise� light glare ;st night� outdoor �torage o! merchandiae, indiscriminate adverti�ing, and other characteristic� of thi� type of �usiness which are potentially detrimental to the community� theae minimum standards ahail be considered, al ong xith any other recommendations the City may determine reaaonably necessary to eliminate the particular problema in achieving compaLibility vlth aDutting and adjacent land use�. (1) The Special Use Permit for an automobile service station ia only for uaes noted in the definition. (2) The use shall not provide for outdoor operation of lubrication equipment, t�ydraulic lifts or serviee pits; or the outdoor display of inerchandise, except for the out�ide underground �Lorage ot ga�oline and other petroleum products; or the display of petroleum product� between pumpa; or the temporary diaplay of inerchandise within four (4) feet of the �tation building. (3) The property ahall aot be used a� a place ot storage or depository of r+recked, abandoned or �unked motor vehiclea or the sale or display of used motor vehicles. (�i) Artiy required Duffer or screening area shall be so constructed as to obstrnet headlig2�t Deama of motor vehic2es an the ststioa property from Deaming onto adjacent residential property. i5) Activitie� Prohibited: (a) Eieavy duty repair garagea. (b) Yehicular parking except for the oxner�s and employee�s automoDile� and a maximum of tbree (3) service vehiclea. Autamobilea Deing aerviced may be parked for a m aximum period ot torty-eight (�►8) hours at arLy one time. !. Motor vehiele wash establishmenta C. EataDlishmenta ot the "drive-in" type, selling, serving or ofPering good� or services directly to the cu�tomera either waiting in parked motor vehiclea or to customera who return to their vehicle� to con�ume or use the goods or services vhile on the premises. H. Exterior storage ot materiala. I. Commercial laundrie� and dry cleaning establishment�. J. Animal clinic�, veterinary clinica, animal ho�pitala, publie kennel�� obedience achool� and training �ervice�, provided the following conditions are met in order to eliminate affensive noise and odor�. (f) All windows in the area ot tbe Duilding hou�ing animala �hall be douDle glazed xith a fixed aaah. (2) Any ventilation ay�tem shall be designed �o that no odora or organism xill apread between wards or to the outside air. (3) There are no outside pena or holding area�. IC. Bar� and taverns. L. Mcades. M. Garden centers or nurserie� which require outside diaDlay or �torage ot merchandiss. N. Structures exceeding six (6) atories or sixty-five (65) teet in height. 0. Wind generators and other to�rer mounted energy device�. P. Solar energy devices NOT a part of the pcincipal structure. Q. Helicopter landing pads for hospitala. �. Additional Re�trictions. For u�es, other than principal use�, requireaenta as to lot aize� setDacka, building, parktng, land�caping, screening, etc. shall Oe at lea�t comparable to �imilar use� in other districts, but also aub�ect to additional provislon� as reasonably provided by the City. C-2 DISTRICT ZOS-67 �. 205.1�t2 OSP.4 EZCLIIDED i. Ar�y use alla►ed or excluded in ar�y other district uniea� specifically allawed under IIse� Permitted ot this disLricL. 205• 1�3 LOT REQOIRE2�NTS JIIiD SETBACL4 1. Lot lrea. A minimum lot area of 20�000 �quare feet ia required. 2. Lot Coverage. A. fie maxim� percent of the area of a lot allowed to be covered by the main Duilding and all accessory buildings is aa fo2lows: (1) One (1) Story - forty percent (�0�) maximum. (2) T1ro (2) Story - thirty-five percent (35�) maximum. (3) Three (3) Story - thirty percent (30f) maximum. (4) Four (4) Story - twenty-tive (25i) maxim�. ( 5) Five ( 5) Story - txenty ( 20f ) maximu�. (6) Six (6) Story - tifteen (15f) maximum. H. 7�e aDove lot coverage will De aub�ect to other con�iderationa, including parking and green apace require�ent�� u�e of facilitie�� and proximity to other diatrict�� vhich may decrease the maximum lot coverage. C. Tt�e lot coverage may be reduced Dy the City if and xhen there is provi�ion for underground parking vithin the main �trueture provided that the lot coverage shall not be more than thlrty peree nt (30Z) and that txenty percent (20i) landscape area minim� is maintained. 3. Setbacks. A. Front Yard: Permitted buildinga and usea� except automobile parking and loading �paces, driveway�, esaential service rralks and planting �pace�� shall not be closer to arLy public right of xay than thirty-five (35i feet. B. Side 7ard: hro (2) side yards are required� each with a width of not lea� than tifteen (15) feet excepL: (1) Yhere a drivexay i� to De provided in the side y ard the minimum required side yard increases to thirty (30) feet. (2) i�here a side yard aDut� a atreet of a corner lot� the side yard requirement increases to a miaimc�m of thirty-five (35) teeL. (3� No side yard is reQuired where a common xall is provided Detween two Duildinga, whieh meet the requirments of the Building Code. 205-66 C-2 DISTRICT DSES ExCL�DED" LOT REQDIREMENt3 LtiD SETBACICS C. Rear 2ar4: A rear yard of not le�s than tventy-five (25� feet is reQuiced. D. Additional SetDack Restrictions: fermitted building� and uses� except sutomobile parking and loading apace�, driveways, essential services� walk and planting apacea ahall not be clo�er to the boundary line of any adjacent re�idential diatrict than fifty (50) feet to allox for planting Duffera and acreening. 205. i�fA BOILDI�C RDQDIREl�pTS 1. Heigbt. Building height ahall be a maximum of aix (6) atories not exceeding sixty-five (65) teet provided that no Duilding �hall �e erected to a height exceeding forty-five (45) teet vithin tifty (50) teet of any R-1 or R-2 reaidential district unlesa one (1) additional foot of setDack can De provided for each one (1) foot of Duilding height or portion thereof exceeding forty-tive (45? feet. _ 2. Ploor Msa. A minimum floor area of 2500 �quare feet i� required. 3• Esterior Materiala. The type of building materials uaed on exterior wall� shall be face brick� natural �tone, �pecifically designed precast concrete, factory fabricated and finished•metal frame paneling� gla�� or other materiala aa approved by the City. 205.145 PARRIHC REQOIREI�:HTB 1. Reduction Of Parkiag. When ahown Dy the applicant that the proviaiona of aDace required for parking atall�, due to the particular nature of the proposed use or other consideration� xould De an unnecessary hardship, reduction of parking atalla would De allowed provided that adequate open �pace be provided to meet the total numDer of required stalla. 2. Additioaal Parking. Yhea the provisions for parking �pace required for specific di�trict uaea is inadequate. the City may require additional off-atreet parking be provided. 3. Park3ag Ratio. A. At leaat one (t) off-street Darking apace shall be provided for each 150 square feet of building tloor area in the C-2 Distriet except: (1) lt least one (1) off-street parking space shall De provided for eacD 100 aquare teet of Duilding floor area f or sll re�tauranta� theater�, lodges and assembly tacilitie�. C-2 DISTRICP BIIII.AII�1G RDQOIREMENTS PARICII�IC RDQOIREt�NT3 205-69 (2) AL leaaL oae (1) off-�treet parking �pace shall De providad for each dwe111ng unit or lodging coom, plu� one (i) additional apace for each tour (�) units of a hotel or motel. (3) At least one (1) off-atreet parking apace �hall be provided for each 250 square teet of Duilding floor area for office u�e. B. At least one (1) handicap off-street parking �pace ahall b• provided tor each fitty (50) �paces or lraction thereof. �. De�ign ltequirements. A. Drainage: Al1 drivexay� and parking area�� except those for les� than tour (�) vehicle�, aha22 be graded according to a drainage plan rrhich has Deen approved by the City. 8. Lighting: Ar�y lighting used to illuminate an otf-street parking area �ha21 be ahaded or ditfused ao as to reflect the light axay froa the ad�oining property and tratfia. C. Curbing: The entlre perimeter ot all parking areas in exce�� of four (4) �talla� access driveway�. truck loading apaces or other hard surface areas that handle motor vehic2e traffic ahall De cur0ed xith a poured �ix (6) inch bigh conerete eurb. (1j Curbing ahall be required around safety islands. (2) Curb cuts and ramps for the handicapped �ha21 be installed aa required by State law. (3) Con�truction �hall be ir► accordance with curbing apecifications on file in the offtce of the City Engineer. (�l) The City may exempt curbing: (a) Where the parking lot directly abuts a sidexalk which is sufficiently higher than the grade of the parking Iot to subatitute for the curbing requirements. (b) Vhere the City ha� approved future expan�ion. D. Drive�►ay Requirementa: (1) A maximum driveuay vidth of thirty-txo (32) feet at the curb opening� excluding the entrance radti ean De constructed. (2) The parking aiale shall De a minimum of twenty-five (25) feet in vidtb. (3) The edge of the curb opening �hall aot be closer to the neareat portion of a street right of vay 1 ntersectioa than seventy-five (75) feet� or LWO-thirds (2/3) of the lot ridth vhichever i� �maller. iihere a"T" intersection exist�, a drive ma� be located oppo�ite the end of the intercepted street. 205-70 C-2 DISTRICT C-2 DISTRICT (�) A minimum driveway angle to the street shall be �ixty (60) degree�. E. Al1 parking and hard surface area� ahall De: (1) !10 cloaer than twenty (20) feet from any street right of way. (2) No cloaer than five (5) feet from any side lot line� except for common drives. . (3) No cloaer than five (5) feet from any rear lot line unles� adjacent to an alley. then the setDack shall be increased to fifteen (15� teet. (�) Ho closer than five (5) feet from the main building. (5) Curbed witA minimum drivexay acces� radii of ten (10) feet to match the exi�ting �treet curD. F. Loading Docks: (1) Out�ide loading docks shall be loeated in the rear yard or side yard and De properly acreeaed. (2) Space needed for the loading docic� must Oe adequate to handle the loading and unloading needa� without oD�tructing the publie right of vay. G. Off-�treet parking ahall De Drovided for all vehicle� concerned xith any of the u�es on the lot. H. All parking facilitie� of fifty (50) apaces or more �hall be �ub�ect Lo interior landscape improvement� as approved Dy the City. 1. Parking lots xith more than four (b) parking �talls ah all De striped. J. Sufficient concrete areas shall De provided tor motorcycle parking in addition to the required vehicle Darking �talla. 1C. Bike rack� may De required by the City in an area that is convenient to each major building entrance and will not diarupt pedestrian or vehicular traffie or fire lanes. L. Safety sign�, marking� and traffic control devices may be required to proaote vehicular and pedestrian safety. 205.146 LANDSCAPE REQUIRF}SENTS LANDSCAPE REQOIREMENTS 1. The minimum landscaped area for all Dusine�s and commercial u�ea �hall De txenty percent (20�) of the total aite. 2. All opea areas of any aite, ezcept for areaa u�ed f or parking, drivevays or atorage aha11 have ground cover and be landscaped with treea, shruDa. berm�� and other landscape material� at a cost not le�s tban one and one half percent (1-1/2x) of the Duilding con�truction eosts. 205-71 � 3. A land�cape plan �hall De �ubmitted whicD indicates the location, sise and apecies, anQ method and Quantity of all propoaed planta including de�ignation of any exi�ting vegetation xbich is to be removed or xhich vill remain xith construction� for aDproval Dy the Cit�. �. Qnderground lawn sprinkling �ystems ahall be provided to maiatain the laxn� snd landacaping within the boulevarda� front and aide yard areas. 205.14T PERFORHA�CE STA1DiRD3 1. parking Facilitiea. All driveway�� parking area�� and loading docka �hall be surfaced with blacktop, concrete or other hard surface material approved Dy the City. 2. Exterior Storage. A. Nothing aha21 be �tored in the front yard. B. All IDaterial� and commercial equipment �hall De kept in a building or shall �e fully acreened, so aa not to De visible from any publia right ot xay or adjoining property in a different distriet. C. The City ahall require a Special Oae Permit for any exterior atorage. 3. Retu�e. All waste materials� container� a� required Fridley City Code. �. Screeriing. refuse or garbage ahall De contained in clo�ed under the chapter entitled "6la�te Dispoaal" of the A. Screening ahall con�ist of a�olid fence or wall not le�� than ais (6) feet high in the front and aide yards and a maximum of four (4) feet high in the front yard and ahall not e:tend to xithin fifteen (15) feet of any street right of xay line. Planting� may alao De required in addition to� or in lieu of� fencing. ?he type� aize and location of �uch plantinga IDu�t De approved Dy tbe City. B. Plantings shall not be Dlaced so aa to ob�truct lines of aight at �treet cornera and drivexays. C. The screening requirementa shall be aatisfied by the u�e of a �creening fence or planting acreen according to the following standards: (t) A screening fence shall De attractive. compatible with the principal building and the surrounding land uae. (2) A planting �creen shall consist ot a closely groWn hedge� a rov ot trees� evergreen� or other vegetation approved by the City. (3) If the topography� natural growth of vegetation� permanent Duilding� or other Darriera meet the atandards for screening aa approved Dy the City� they may De subatituted for all or part of the acreening fence or planting screen. " 20 S-�2 C-2 DISTRICT PHRPORMAACB STt�D1RDS D. Screening of ott-street parking sl�all pe requirea for; (1) Any otf-atreet�parking area reQuiring more t6an four (�� ayacea or adjoining s reaidential district. . (2) tny driveway to a parking area of tour (�) or more apaces is vitbin thirty (30) feeL ot an ad�oining reaidential son�. (3) An� parking facilit� Detween tbe �uilding and trontage atreet� must De �creened trom the atreet Dy a nedge� solid lenc� or closel� groxn planting atrip� at leaat tAirty-ois (36� incAes in Deight. E. All loading dock� muat De located in the rear or side yards and 0• screened vitb a siz (6) foot minimum solid �creening fence if vi�iDle trom public right of vay� or if within tifty (50) feet of adjacent reaidential di�tricts. F. Yhere any commercial Oiatrict is ad�acent to any re�idential district� there shall De a minimum fifteen (15) toot wide� plantina �trip that ahall Oe planted to provide !or a phyaical separation. C. Hhere any coc�mercial diatrict is adjacent to a puDlic right of way or acro�� trom any residential di�trict� the folloying requirements �hall be met: (i) ?here �hall Oe a five (S) toot aidewalk located along the property line. Council may allow the applicant to delay the in�tallation of the �iCewalk� it the applicant aign� an agreement that it vill De constructed xhen the City reQuirea the in�tallation. (2) There ahall De a fifteen (15i foot planting �trip located Dehind the required aidewalk that la �ub�tantial enough to create a phyaical separation Detrreen the public right of vay and the commercial property. H. All tra�h or garDage atorage receptaclea mu�t be located in the rear or �ide yarda and �e totally acreened from view trom any pu011e right of war. I. All rau materiala� �upplie�� tini�hed or semi-tinished products and equipc,ent� not including motor vehiclea� �hall �e stored within an enclosed Duilding or De �creened on all side� from view trom a yuDlic right of vay or an adjoining property by a fence or other approved �creen whicA extends tvo (2) feet aDove the highest item to be stored with the height of the fence not to exceed eight (8) feet exceyt rhere: (1) A Special II�e termit Das Deea is�ued tor oyen aales or diapl�. (2) Haterial� and equiDment ire Deing used tor con�truction oe► premises. (3) Hercbandiae is located on a aervice p�p ialand. C-2 DISTRICT 205-73 J. Motor veAicles necea�ary to tDe oneration of tbe principal u�e ea� Oe stored� vithout acreening only �ithin the �ermittea rear �ard acta, if tAey are not reaaily visi0lt tram a�ublic rig2�t o! vy. R. All roof eQuipment� sxcept alteraate energy devicea� �ust e• screcned from puDlic ♦tew unleaa the eQuipment is deaigned •s aa integral part ot tbe Duilding snd i� compatiD2e xith Lbe linea of te� puilEing, u deter�ined py tbe Cit�. S. �ralnage And Crsde Rcquirements. A finisbed �ound grade �hall be e�taDli�t�ed suce tbst natursl drsinaa• av�y fraei all Duilaing� is provided. ?he follo�+ing minimuID criteria sAall �DD17= � �. The minimum elevation of tiniahed grade shall not De lea� tAan one-fourth (i/A) i�cD riae per horizontal toot of aetback mea�ured trm curb grsae. D. The City may atructure in orQer utilitits. b. Land�caDitu. specify • minimum tini�?�ed ground grade for anr to allox proper drsinage and connection to Cit� A. It ahall De tAa w ner�s re�Don�iDility to aee tAat all lsndacaDin� !a maintained in an attractive and vell kept condition. In ca�e tnr trees or �hruDa �hall die� tAe owne� �Aall replace tAem with a lik� specie�. Ar�y dead or Qaaaged �od aAall Ee replaced. B. Al1 vacant lot�, tract� or parcel� �Aall Oe properly maintsiaed ie► an orCerlr manner tree of litter and �uNc. C. Al1 u�e� aAall provide vater facilities to �a�d areas tor maintenance ot land�capin�. T. KaSntenanc�. It aAall Oe the re�pon�iDility of tQe property o+rner to en�ure t?�ats A. Every exterior �all� foun0ation and roof of a ny buildin� or �tructure �hall De rea�onaDly Vatertight� reatAertight and rodeatproof and �hall De kept in a good �tate ot maintenance and reDair. Ext�rior valls �hall De maintained free from exten�ive dilapidation du• to crack�� tear� or �reak�f�'�Qeteriorated plaster� �tucco� Orick� wo04 or other material tAat gives evidence of long neglect. 8. The protective aurface on exterior walla of a Duilding sAall 0• maintained in good repai� and provide a�ufficient coverina and Drotection of the atructural �urtace again�t its deterioratioa. without limiting tAe generality of thi� aection� a protective surtaC• of a�uilding �ball De deeaed to De out of reDsir its C. 205-7� (i) Hore than txenty-five percent (25f) of the srea of any plan• or vall on vDicn the protective aurface ia psint is Dliatered� cracked, flaked� scaled or chalked array� or (2) liore tDan tventy-five percent (25f i of tAe pointing ot aA� Drick or atone vall is lcose or Da� lallen out. Every rard and all atructures, vall�, tence�, xalka� stepa, C�2 DISTRICT drivexay�, land�caping and other ezterior developments shall �e maintained in an attractive, vell kept conditioa. D. The Doulevard area of a premisea aball Oe properly maintained. groomed and cared tor Dy the abutting property owner. E. The cleaning of the rralkKay or aidewalk shall be the aDutting . Droperty rn+ner'� responsibility. Any ice or anow accumulationa of two (2) or more inches ahall De removed vithin twenty-four (2b) hours of the �torm's completion. 8. Easential 3ervices. A. Connection is required on each lot aerved by City sanitary �ewer. 8. Connection is required on each lot served Dy a City water line. C-2 DIS?RICT 205-75 205.15 �-3 CEt�IERAL SHOPPIAC CENTER DISTRIC? R�OLA?IO11S C-3 DISTRICT RDGIILATIONS 205•151 OSE.4 PERMITTSD 1. PrinciDal Daes. The following are prineipal uses in C-3 Districts: • A. Commercial laundry and dry cleaning establiahment�. B. All use� allowed under C-t principal IIses and C-2 Principal IIae� ot thi� chapter� provided they meet the follcwing conditions: (1) The u�e� are Iocated all xithin a�hopping center Duilding or a cluster of three (3) or more use� uaing common or shared parking tacilitiea� or (2) The usea are major tacilitie� requiring a minimum of 100 parking �paces. 2. Acceaaory IIses. The following are accea�ory uses in C-3 Diatricts: A. Sign�. 8. Off-street parking facilitiea. C. Off-street loading facilities. D. Storage of inerchandi�e� aolely intended to be retailed the principal use. E. Solar energy devices a� an integral part ot the prineipal �tructure. 3. ��e� Fersitted Vitb A Special IIse perait. The folloxing are use� permitted xith a Special U�e Permit in C-3 Districts: A. Bua and taxi terminala. B. llutamobile agencies selling or displaying new and/or used motor vehicle�. C. Agencies aelling or displaying recreational vehicle�, boat� and marine equipment� machinery� mobile Aome� or other aiIDilar enterprise� having merchandise in the open and not xithin an enclosed structure. D. Repair garagea. E. Automobile service atations and motor vehicle fuel and oil dispensing serviees. If a Special Qse Permit is granted� the following minimum conditions muat be met in order to protect the public health, safety and general xeltare. Becau�e of traffic hazard�, noise� light glare at night, outdoor storage of inerchandise, indiscriminate advertising. and other characteri�tic� of this type of busine�s which are potentially detrimental to the community. theae minimum standards shall be considered, along witb any other recoaaendations the City may determine neceasary to eliminate the 205-76 C-3 DISTRICT particular DroDlem� in achieving compatibility vith aDutting and ad�acent land uses. " � (�) The station will not provide for the outdoor operatton of luDrication equipment, hydraulic lifta or aervice pita or the outdoor display of inerchandise� except for the outaide underground atorage of gasoline and other petroleum products. The diaplsy ot petroleum producta be�ween pumps or tbe temporary display of merchandi�e within four (4) faet of tbe station Duilding is permitted. (2) The property shall not De u�ed aa a place of atorage or depo�itory of� wrecked, abandoned or �unked motor vehicles or the sale or display of used motor vehicles. (3) ArLy required Duffer or acreening area vill be so conatructed as Lo oDstruct headlight Deam� of motor vehicles on the station property from Deaming onto adjacent residential property. (0) It the atation i� to De located in a shopping center or other integrated development� it will be in architectural harmony vith the rest of the center or development. (5) Activities Prohibited: (a) Heavy duty repair garages. (b) Vehicular parking except for the owner'a snd employee's automoDile� and a maximum of three (3) �ervice vehicle�. AutamoDiles Deing serviced IDay De parked for a maximum period of forty-eight (48) hours at any one time. F. Hotor vehicle xash estaDlishmenta. G. Eatabliahments of the "drive-in" type, selling, servicing or offering goods or service� directly to cuatomer� either waiting in parked motor vehicles or to custamers xho return to their vehicle� to consume or use the good� or aervices while on the Dremise� of the principal use. H. Exterior storage of materials. I. Animal clinics, veterinary clinics� animal bospitala, puDlic kennel�, obedience schools and training service�� provided the follawing conditions are met in order to eliminate offensive noise aad odora. (1) All windows in the area of the building housing animal� shall De double glazed with a fixed aash. (2) AcLy ventilation system shall be de�igned so that no odors or organism xill spread betveen wards or to the outside air. (3) There ahall be no outside pens or holding areas. J. Bars and taverns. 1C. Carden centers or nurseries vhich require outside display or storage of materiala. 205-77 � L. Cam Dination of otfice� retail and reaidential xithin one building. M. Yhole�ale enterDriaea that do not meet an indu�trial aetting that hava conaideraDle cu�tomer contact and have no outaide storage of materiais, including furniture� 6ome Duilding �uDppliea, auLomoDile auppliea, etc.� �. Hassage parlors. 0. Mcade�. P. Radio and television office� and atudios. Q. ilind generatora and other tower mounted energy devices. R. Solar devices NOT an integral part of tbe principal atructure. S. Structures exceeding six (6) atoriea or sixty-five (65) feet in height. ?. Helicopter Ianding pads for hoapitals. �. Additional Restrictiona. For uses, other than prineipal usaa, requirement� as to lot aise� setback�� Duilding� parking� land�caping, acreening, etc.� ahall be at least comparaDle to aimilar u�e� in other districts� but alao aubject to additional provi�lons as reasonably provided Dy the City. 205.152 OSE.4 EYCLODBD Ar�y u�e allowed or excluded in any other district unlesa apecifically allowed under Ose� Fenaitted of this diatrict. 205.153 LOT RDQDIREt�NTS IU/D SETBACE$ 1. Lot Mea. A Hinimum lot area of 35�000 square feet under one oxner�hip is required. 2. Lot Coverage. • A. The maximum percent of the area of a lot allowed to be covered by the main building and all acce�aory Duildings i� a� follawa: (1) One (1) Story - forty percent (40�) maximum. (2) 11�ro (2) Story - thirty-five percent (35i) maximum. (3) Three (3) Story - thirty percent (30f) maximum. (4) Four (�) Story - tkenty-five percent (25i) maximum. �5; Five (5) Story - txenty percent (20�) maximum. (6) Si= (6) Story - tifteen percent (i5S) maximum. B. Tba above lot coverage will be �ubject to otDer considerations� ineluding parking and open space requirement�, u�e of tacilities and proximity to other districts. ?be conditions may decrea�e the allowaDle lot coverage. C-3 DISTRICT OSES EZCLIIDED LO? RDQ�IREl�RTS A]ID SETBACIL4 205-78 C-3 bISTRICT C. The lot coverage may be reduced Dy tDe Cit� if and when there is proviaion for underground parking xitbin the main �tructure� provided tbat the lot coverage �hall not De more than thirty percent (30x) and tbat twenty Dercent (20f)_landscape area minimum is maintained. 3. Setbaelcs. �. Front Tard: �ermitted Duildings and uses� ezcept automobile parking and Ioading apacea, drivewaya, essential service�� walks and planting apacea� sbali not be clo�er to any public right of way than eighty (80) feet. B. Side Tard: Z1ro (2) �ide yard� are required, each vith a width of not leas than fifteen (15) feet excepts (i) Where a driveway is to be Drovided in the side y ard the minimum required side yard increases to thirty (30) feet. (2) I�it�ere a side yard aDut� a street of a corner lot� the side yard requirement increa�ea to a minimum of eighty (80) feet. t3) No side yard is required xhere a common wall is provided Detxeen trro (2) building�. Mhich meet Lhe requirementa of the Building Code. C. Rear 7ard: A rear yard ot not le�� than forty (40) feet ia requlred. D. Additional Setback Reatrictiona: Permitted buildinga and use�� except automoDile parking and loading �pacea� driveuay�, essential servicea and walks ahall not be cloaer to the boundary line ot any adjacent residential district than f if ty (50) feet to allar tor planting Duffer�. 205.154 BDII.DIIiC RFX�IIIREI�NT$ BIIILDIAG REQDIREt�NTS 1. Aeight. Building height ahall be a maximum of sis (6) �torie� not sxceeding aixty-five (65� feet provided that no bui2ding shall Da erected Lo s height exceeding forty-five (45i feet that i� vithin fifty (50) feet of any R-1 or R-2 residential district unless one (1) additiona2 foot ot setDack can De provided for each one (t) foot of Duilding h eigh t or portion thereof exceeding forty-five (45i feet. 2. Ezterior Materials. The type of building materiala used on exterior Wa21s sha12 De tace brick, natural atone, specifically designed precast concrete, factory fabricated and finished metal f�ame paneling� glasa or other materials approved by the City. 205-79 � 205•155 PARbI�C RDQDIREl�I�?S 1. Reduction Of Parkins. C-3 DISTRICT PtRRIRC RDQOIRE�lENTS Hhen shown Dy tLe applicant that the proviaion of �pace reQuired for yarking atall�, due to the particular nature of the propo�ed use or otber conaiderationa would De an unnece��ary hardahip, reduction of parking atalla may De allared provided that adequate oDen space ia pcovided to meet the total n�ber of required atalla. • 2. �dditional Farking. i�hen the proviaiona tor parking apace required for specifie district u�es 1� inadequate� the City may require additional off-street parking �e provided. 3. Pai'king Ratio. A. At least one (i) off-�treet parking �pace shall be provided for each l50 square feet of building floor area in the C-3 District except: (1) At least one (1) off-atreet parking apace ahall be provided tor each 250 square feet of building tioor area tor office use. (2) At lea�t one (1) off-�treet parki�g apace �hall De provided for each 100 square feet ot Duilding floor area for ali restaurant�� theater�� lodgea and assembly facilitiea. (3) At leaat one (1) off-�treet parking �pace shail De provided for each dwelling unit or lodging room� plu� one (1) additional space for each four (4) unit� of a hotel or motel. B. At leaat one (1) handicap oft-�treet parking �pace aball De provided tor each tifty (50) �pacea or traction thereof. 4. Deaign Requirement�. A. Drainage: All driveway� and parking areaa, except those tor le�� than four ($) vehicles ahall De graded according to a drainage plan which has been approved Dy the City. 8. Lighting: Ar�y lighting used to illimminate an ahaded or diffuaed ao as to reflect property and traffie. C. CurDing: oft-�treet parking area shall be the light axay from the ad�oining The entire perimeter of all parking area� in excesa of lour (�� ta11a, acce�a driver�ay�, truck loading apaces or other bard aurface areas tbat handle motor vehicle traffic ahall be curbed with s poured �ix (6) ineL Digh concrete curD. 205-80 C-3 DISTRICT (1) CurDing �ball be required around aafety lalands. (2) Curb cuts and ramps tor the handicapped ahall De installed a� repuired Dy State la�t. (3) Construction aball De 1A accordance vith curbiaa apecitications on tile at the Cit�. (4) The City may exempt curbing: (s) Where the parking lot directly aDuta a sidexalk xhicb is aufticiently higher than the grade of the parking lot to aub�titute for the curbing requir�ents. (b) i�ihere the City t�aa approved fnture expan�ion. D. Driveway Require�ents: (1) A maximum driveway vidth of thirty-two (32) feet at t6e curD opening, excluding the entrance radii can De constructed. (2) The parking ai�le aha11 De s minimum of twenty-five (25) teet in xidtb. (3) TDe edge of the curp opening shall r►ot De closer to the nearest portion of a atreet right of xay interaection than seventy-five (75) feet or two-tAirds (2/3) of the lot width whichever ia s�maller. ifhere a"T" interaection exi�t�, a drive may De located opposite the end of the intercepted atreet. (4) A minimum drivexay angle to the atreet shall be sixty (60) degrees. E. All parking and hard aurface area shall be: (1) No cloaer thaa twenty (20) feet from any atreet rigl�t of w�y. (2) No closer than five (Si feet from any aide lot line� except for a common drive. (3) No elo�er than five (5) feet from any rear lot line unlesa adjacent to an alley� then the aetDack shall �e increased to fifteen (15) feet. (4) No eloser than five (5) teet fram the main Duilding. (5) CurDed with minimum driveway accesa radii of ten (10) feet to match the exiating atreet curb. F. Loading docks: (1) Out�ide loading docks sha21 be located in the rear yard. or aide yard and be properly screened. (2) ?he space needed for the loading docka IDu�t be adequate to handle the loading and unloading needa, vithout ob�tructing the puDlic rigXit ot way. C. Off-�treet parking �ha11 be provided for all vehicle� concerned vith aqy of th e uaes on the lot. 2o5-si A. All parking facilitiea of fifty (50) spaces or more ahall Oe ` suDject to interior landscape improvementa aa approved by the City. Z. Parking lot� vith more than tour (�) parking aLalla shall De atriped. J. Sufficient concrete area shall De provided for motorcycle parking in addition to the required vehicle parking atalla. 1C. Bike racks may be required Dy the City in an area thaL is convenient to each major building entrance and will aot diarupt pedestrian or vehicular traffic or tire lanes. L. Safety �ign�, marking and traffic control devicea may be required to promote vehicular and pedestrian aafety. 205.156 LAI�DSCAPE RDQOIREMEtiT3 ' 1. The minimum landscaped area for all busines� and com�ercial u�es shall De trrenty percent (20x) of Lhe total aite. 2. All open area of any aite� except for areaa uaed for parking, driveway� or �torage shall have ground cover and De landscaped with tree�� shrubs, berms and other landscape materials at a co�t not lea� than one and one halt Qercent (1-1/2f ) of the building construction co�t�. 3• A landscape plan ahall be aubmitted which indicatea the location� aiz e and apecie�, and method and quantity of all propoaed planta including designation of any existing vegetation which 1� to be removed or which will remain with construction� for aDproval by the City. 4. Underground lawn sprinkling aystema ahall De provided to maintain the lawns and landscaping within the boulevarda, front and aide yard areas. 205.15T PERFORMAACE S?ANDiRD3 1. Parking Facilities. All drivexay�, parking area�, and loading dock� or ahall De aurfaced with blacktop, concrete or other hard surface material approved Dy the City. 2. Ezterior Storage. A. Nothing shall `De stored in the front yard. B. All materiala and commercial equipment �hall be kept in a building or shall De fully acreened, ao as not to De v1�iDle from any public right of vay or adjoining property in a different district. C. Tbe City ahall require a Special Qae Permit tor any exterior atorage. 3. Refuse. All rraste material�, refu�e or garDage �hall be contained in cloaed containers aa required under the chapter entitled "biaste Di�po�al " ot the Fridley City Code. 0 C-3 DISTRICT � LIUIDSCAPB RF�OIREt�NTS PERFORlSAMCE STA1iDARDS �. Screening. � A. Screening �hall eonsist of a solid fence or wall not leas than aix (6) teet high in the aide and rear yard and a maximum of tour (4) teet high in the front yard and ahall not extend to within fifteen (15� feet ot any atreet right of xay line. Plantir�ga may also be required in addition to� or in lieu ot� tencing. The type� size and location of auch planting� must be approved Dy the City. 8. Plantinga ahall not ba placed �o aa to oD�truct line� ot aight at atreet corners and driver+�ya. C. The acreening reQuirementa shall be aatiafied Dy the u�e of a �creening fence or planting acreen according to tbe fo2loviag atandard�:� (1) A�creening fence sha22 be aLLractive� compatible rrith the principal Duilding and the surrounding land uae. (2) A alanting screen shall consist of a closely grarn hedge or a rar ot trees� evergreens or other vegetation approved by tDe City. (3) It the topography� natural growtA of vegetation� permanent buildinga or other barrier� meet the atandard� for screening aa approved by the City� they may be auD�tituted for all or part of the screening fence or planting screen. D. Screening of off-street parking ahall De required for: (t) Any off-�treet parking area requiring more than four (�)spacea or adjoining a residential zone. (2) Any driveway to a parking area of four (�� or more spaces la within thirty (30) feet of an adjoining residential sone. (3) Ary parking facility Detween the building and trontage street mu�t De acreened trom the street Dy a hedge� �olid f enee or closely grown planting atrip at least thirty-six (36) inches in height. E. All loading docks must De located in the rear or aide yarde and be screened xitb a aix (6) foot minimum solid screening f ence if visible fram puDlic right of ways or if within fifty (50) feet of ad�acent re�idential distrieta. F. where any commercial di�trict i� ad�acent to any residential df�trict tDere shall De a minimum tifteen (15i foot wide planting atrip that shall be plaated to provide tor a physical seDaration. G. iJhere ar�y commercial district i� adjacent to a public right of xay or across fram any residential district the lollowing reQuirements muat De mett (t) There shall De a five (5) foot sidewa2k located along the propert� line. 205-83 C-3 DI5TRICT Council may allvw the applicant to delay tbe in�tallation of the �idewalk, if the applicant �igns an agreement that it vill Os constructed when the City requires the in�tallation. (2) ?here ahall be a tifteen (15) foot planting atrip located Dehind the required sidewalk Lhat ia auDstantial enough to �reate s physical separation between the puDlic right of May and the commercial yroperty. B. Al1 trash or garDage �torage receptaclea mu�t De locsted la the rear or aide yards and be totally screened f rom view from any puDlic right of xapr. I. All ra� material�, aupplie�, finished or semi-finished producta and equipment� not including motor vehiclea, shall De �tored within an enclo�ed Duilding or De screened on all �ides fram viex from a puDlic right of xay or an ad�oining property by a fence or other approved screen which extends two (2) feet above the highest item to De atored with the height of the tence not to exceed eight (8) feet except where; (1) A SDecial II�e Permit has �een i�aued !or open salea or di apl ay. (2) Haterial� and equipment are Deing u�ed tor construction on pr�oiaes. (3) Nerchandise 1� located on a service pump island. J. Motor vehicle� necessary to the operation of the principal use� may De stored xithout screening only vithin the permitted rear yard area, if they are not readily vi�ible tram a public right of way. IC. All roof equipment� except alternate energy device�, mu�t De screened from public viex unle�a the equipment i� de�igned as an integral part of the building and i� coc�patiDle xith the lines of tbe building aa determined Dy the City. 5. Drainage Md Crade Requireaenta. � finished ground grade shall De eatabliahed auch that natural drainage away from all Duilding� is provided. The folla+ing minimum criteria ah all apply. A. A minimum elevation of finiahed grade �hall not De le�� tAan one-fourth (1/0) inch rise per horizontal toot of aetback mea�ured fram curb grade. B. Tbe City may structures ia orde utilities. 6. Landacapiaa. �peclfy a minimum finiahed ground grade tor any r to allow proper drainage and connection to Cit� A. It shall De tbe owner�� responsibility to see that all landscaping la maintained in an attractive and well kept condition. In case any treea or shrubs ahall die, the owaer �hall replace them xith a like C-3 DZSTRICT 1 205-84 apecie�. Ar�r dead or damaged sod ahall be replaced. H. Ali vacant lot�, tracLa or parcela ahall be properly maintained lA an orderly manner tree of litter or junk. C. All u�es sball provide vater facilities to yard areas !or maintenance ot landscaping. q. Maiatenance. It st�all be the responsibility of the property osrner to enaure that: A. Every exterior wall. foundation and roof of any building or �tructure shall be reasonably watertight, weathertight and rode ntproot and ahall be kept in a good state of maintenance and repair. Exterior walla �Aall be maintained free from exten�ive diiapidation due to crack�, tears or breaks tram deteriorated pla�ter� stucco� Drick� vood or other maLerial that give� evidence of lor�g aeglect. B. The protective surface on exterior walls ot a Duilding �hall Os maSnLained in good repair and provide a aufficient covering and protection of the atructural surface again�t it� deterioration. Without limiting the generality of this aection� a protective aurtaes of a building shall be deemed to be out of reDair if: (i) More than twenty-tive percent (25i) of the area of any plane or wall on Which the protective aurface is paint i� bli�tered� cracked� flaked� scaled or chalked away, or (2) More than twenty-five percent (25i) of the pointing of any brick or stone wall i� loose or has tallea out. C. Every yard and all atructures, wa21a. fence�, xalk�. ateps� driveway�, land�caping and other exterior development shall Os malntained in an attractive� well kept condition. D. The Doulevard area ot a premises �hall be �roperly maintained� groamed and cared for by the aDutting property arner. E. The cleaning of the xalkway or siderralk ahall De the abutting property oWner'� responsiDility. My ice or snox accumulations of two (2) or more inches shall De removed within twenty-four (24) hour� ot the storm's compleiion. 8. E��ential Serviees. A. Connection is required on each lot �erved by City aanitary aewer. B. Connection ia required on eacA Iot served Dy a City water line. 205-BS ' C-3 DI STRICT 205./6 CR-t CEKERLL OFFICE DISTRIC? RDG�LA?IOIiS 205•161 OSE.4 PERMI?TiD 1. Principal �sea. Tbe following are principal uae� in CR-1 Diatricta: Oftice facilities including real eatate, lar�yer, medical� dental. optical, architectural, erigineering� financial� insurance and other similar office uaea. 2. Acce��ory Oses. The folloxing are accessory uses in CR-1 Districts: A. Signs. B. Off-street parking facilitiea. C. Off-street loading facilities. D. Storage of inerchandise, aolely intended to De retailed Dy the principal use. E. Solar energy devices sa an integral part of tht principal atructure. 3. I)�es Permitted Witb A Special II�e Permit. The following are uses permitted with Special Uae Permita in CR-i Districts: A. Wind generatora snd other tower mounted energy devicea. B. Solar energy devices NOT an integral part of the principal structure. C. Facterior atorage of materials. �. Additional Re�trictions. For uaea, other than princiDal uae�, requirements as to lot aize. setbacks� Duilding� parking, landacaping, screening, etc.� �hall De at least comparaDle to similar uses in other districts, but also aub�ect to additional provisions as reasonably provided by the City. CB-1 DISTRICr RFaGOLATIONS DSES PERHI??ED 205•162 OSES EZCL�DED Any u�e alloved or excluded in any other district unless apecifically alloweC under Uses Permitted of this district. 205. t63 LO? RF�UIREI�IiTS A1iD SETBACIG3 1. Lot Area. A lot area of not less than 15�000 �quare feet is required for one (t) main building. 2. Lot Coverage. A. The maximum percent of the area of a lot allowed to De covered by the main building and all accessory building� is as followa: (1) One (1) Story - forty percent (u0�) maximum. (2) Two (2) Story - thirty-five percent(35i) maximum. (3) Three (3) Story - thirty percent (30f) maximum. H. The above 2ot coverage will De aubject to other con�ideration�, including parking and open space requirement�� u�e of tacilitie� and proximity to other diatricta. The condition� which may decrease the allawable lot coverage. 3. Setbacka. A. Front Yard: A minimum front yard �etback of thirty-Pive (35) feet is required for a11 building�. B. Side Yard: Tro (2) aide yarda are required, each with a width of not lesa than fifteen (15) feet except: (1) Where a driveway is to be provided in the side yard the minimum reQuired aide yard increasea to thirty (30) feet. (2) Where a side yard aDuts a atreet of a corner lot, the side yard requirement increases to a minimum of thirty-five (35) feet. C. Rear Yard: A rear yard of nat leas than trrenty-five (25) feet is required. 205-87 CR-1 DISTRICT OSE$ E�CLODED LO! REQOIRF�NTS AAD SETBACRS D. Additional Setback Re�trictions: Permitted buildings and use�. autamobile parking and loading apace�. except drivexay�� essential servicea� walka, and planting apaces shall not be clo�er to the boundary line of any adjacent re�idential diatrict than thirty (30) feet to allow for planting buffera. - 205•160 BDILDZNG RDQOIREl�NT3 1. Beight. Huilding height shall De a maximum of three (3) storie�� Dut not to exceed forty-five (u5) feet. 2. Exterior Naterials. • The type of Duilding materials used on exterior Walla ahall De face brick� natural atone, apecifically designed precast conerete, factory faDricated and finished metal frame paneling� glass or other materials approved Dy the City. 205.165 PARRING RDQUIREl�NTS 1. Reduction Ot Parking. When shown Dy the applicant that the provi�ion of �pace required for parking �tall�, due to the particular nature of the proposed use or other consideration� xould De an unnecesaary hard�hip� reduction of parking atall� may be allowed provided that adequate open space is provided Lo meet the total number of required stalla. 2. Additional parking. Khen the provi�ion� for parking �pace required for specific district usea i� inadequate, the City may require additional off-�treet parkiog De provided. 3. Parking Ratio. A. At least one (1) off-skreet parking apace shall De provided tor each 250 square feet of building floor area in the CR-1 Di�trict. B. At least one (1) handicap otf-�treet parking'apace shall be provided for each fifty (50) �paces or fraction Lhereof. 4. Deaign Requirement�: A. Drainage: All drivexays and parking area�� except those for less than four (4) vehicle�� ahall be graded according to a drainage plan which has Deen approved Dy the City. • CR-1 DISTRICT � BIIII.DINQ RDQDIREI�N?$ PARRINC RDQUIREt�NT3 205-88 8. Lighting: Any lighting used to i2luminate an otf-atreet parking area ahall be ahaded or dlffu�ed so as to reflect the light away from the ad�oinin� property and tratfia. C. Curbing: The entire perimeter of all parking area� in exceas ot four (�) atall�� accea� drivexays� truck loading apace� or other hard aurfaee area� that handle motor vehicle traffic �hall De curbed with a poured aix (6) inch high concrete eurb. (i) Curbing sha12 De required around �afety islanda. (2) CurD cuts and ramps for the handicapped shall be installed a� required by State lav. t3) Canstruction shall De in accordance r►itb curbins apecification� on file at the City. (4) The City may exempt curDing: (a) f�here the paricing 2ot direetly abut�� a aidewalk whieh la sufficiently higher than the grade of the parking lot to aub�titute for the curDing requirements. (b) MThere the City ha� apDroved future expansion. D. Driveway Requirementa: (1) A maximum driveway width of thirty-tvo (32) feet at the curb opening� excluding the entrance radii can De con�tructed. (2) The parking sisle ahall be a minimum of txenty-five (25) feet in width. (3) The edge ot the curb opening ahall not De clo�er to the nearest portion of a street right of way inter`section than aeventy-five (75) feet or two-thirds (2/3) of the lot width whichever is smaller. Where a"T" intersection exiat�� a drive may De located opposite the end of the intercepted �treet. (4) A minimum driveway angle to the �treet ahall De aixty (60) degree�. E. A22 parking and hard �urface area shall De: (1) No closer than tventy (20) feet trom any street right of way. (2) No closer thad five (5) feet from any �ide lot line� except from a common drive. (3) No cloaer than five (S) feet from any rear lot line unlesa adjacent to an alley� then the aetback shall be increa�ed Lo fifteen (15) feet. (A) No clo�er than five (5) feet from the main building. (5) Curbed r►itD minimum driveway access radii of ten (10) teet to match the existing street curb. 205-89 Ci� 1 DISTRICT l. Loading Docks: I1) Out�ide loading docks ahall De located in �the rear �srd. or aide yard snd ba yroperly acreeaed. (2) Tbe apsce needed tor t6• losding docka muat De adequat• to handle tt�e loading and unloading needa, without oDatructins th� �uDlic right ot va�. C. Oft-street narking �hall be provided tor all vehiclea conceraed vith arLy ot tbe u�ea on tbe lot. H. All parking facilitiea of titty (50) apace� or more ahall p• �uDJect to interior landacape improvements aa approved Dy tAe Cit�. I. Parking lota �itD more than t'our (�) parking �talls ahall be atriped. J. Sufficient concrete area ahall be provided tor motorcycle parkina ia additian to the required vehicle parking atalls. 1C. Bike rack� may be required py the City in an area tAat is convenient to eacb major Duilding entrance and xill not Oiarupt pedeatrian or vehicular tratfic or fire lanes. L. Safety aign�. markings and traffic control deviees msy b• reQuired to promote vehicular and pede�trian aafetr. 205.166 LARDSCIPH REQOIRF�N?$ 1. The minimum land�caped area for all Ou�ine�� and co�mercial u�ea �hall De twenty percent (20�) of the total sit�. 2. All open aresa of any aite, escept for areas uaed f or parkins, driveway� or atorage �F13ii QBVE ground cover and Da landscaped with trees. �hruDa. Derm� and other land�cape material� st a eoat not Iea� tAaa on• and one half percent (i-tl2�) of the Duilding constrv ction coats. 3. A landacape plan ahall De aubmitted vhich indicates the location� siz• and apeciea, and method and quantity of all proDo�ed plant� includins de�ignation of any existing vegetation which is to De removed or whicf� vill remain with conatruction� for approval by the City. •. IInderground lavn �prinkling �ystea� ahall De provided to maintain the lawna and land�caping within the Doulevarda, tront and aide yard areas. 205.167 PERFORMAHCB S?AHDiRDs 1. Farking Paeilities. Al1 drivevaya and parking areaa, and loading docks shall De �urtaced vitb Dlacktop� coacrete or other Dard aurface material approved by the CitT. CR-1 DISTRICT � 1 LAlfDSCAPE RDQU I RE!'�N?3 PBRFOR!lIU�CE STAtDARD3 205-90 2. �terior Storas�. A. NotDing �Dall De atoree in tb� troat �ard. S. Al1 materiala and coamercial eQuipment ahall De icept in s buildin� or �ha11 be tully acreened. so a� aot to �e �SsiDle trom an� puDlio right o! way or adJoining proDerty in a differe�t diatrict. _C. !b• Cit� aDall reQuire a Specisl Q�e Permit for any ext�rios storaj�. j. ltetas�. All vs�te materials� container� a� rcQuired Fridley City Cod�. �. Screenitts. retuac or garDage aLall De contained in cloatd under the chapter entitled "Uta�te DSsDo�al • of te� A. Screening �hall con�ist of � aolid fence or Mall not le» tAan �is (6) feet higJ� in the �ide snd cear yard snd a maxic� of tour i�) te�t high in the tront yard and �hal1 not extend to �itQin fifteen (15) feet of any �treet right of vay line. Planting� may slso De reQuired in adCition to� or in lieu of, fencir�. TAe Lype� siz• and IocstioA of �uch plantings mu�t De a�proved pY th• Cit�. H. Planting� shall not De placed ao a� to o0atruct lines of aight at �treet corner� and drive�ays. C. The screening reQuirec,ent� ahall De aati�fied Dy tbe u�e of a acreening fence or planting acreen accor0ln` to the toliowin� atandards: D. 20S-9I (i) A�creening tence ahall pe attractive, coaDatiDl• vitb tA� principal builGing snd the aurrounding land uae. (2) A �lanting acreen ahall con�iat of a clo�ely grown Aedge, a rox ot trees� evergreena or other vegetation apDroved Oy tbe Cit�. (j) If the topograDhy� aatural growtb of vegetation� yermaaeAt DuilQings or other Darriers meet tAe atandard� for acreenins ts a�proved Dy tAe City� tAey may ea suD�tituted !or all or part of the screening tence or plantina sereea. Screening ot off-�treet �arking aha12 Ee reQuired tor: (t) ArLy off-etreet�parking area Mhicb reQuire� more than tour (4) �pace� ar aE�oin� a reaidential soa�. (2) �rLy driver+ay to a parking srea of ais (6� or aore �paee� is xitDin thirty (30) teet of an adJoining re�idential sone. (3) �nJ parking taciliL� Detween tbe Duilding and lroatag� atreet� mu�t De acreened from th� street D� a hedge� aolid teae� or clo�el� grovn �lanting atrip at Ieast thirty-a1z (36) incAes in hei�ht. cR-i aTSr�u Cr E. All loading docic� mu�t De located in the rear or aide yarda and be screened xith s siz (6) toot minimum �igh aolid �creening fence if vi�ible trom public right of vaya or if vithin fiftT (50) feet of aaJacent re�idential districta. �. Yhere any commercial distri�t ia ad�acent to any residential diatrict tDere shall De a minimum fitteen (15) foot wids planting atrip that ahall be planted to provida for a phyaical aeDaration. C. lihere any commerciai diatrict la adjacent to a puDlic rigb t of wa� or acro�s frcm any reaidential aiatrict� the following reQuirements mu�t De met: (1) There ahall De s tive (5) toot sidewalk located along the property line. The Council may allaw the applicant to delay the inatallation of the �idewalk if the applicant signs an agreement that it vill Oa constructed xhen the City require� the inatallation. (2) There ahall De a fifteen (15) foot planting strip located Dehind the required aidewalk tbat is subatanti al enough to create a physical separation Detween the public right of way and the commercial property. H. Al1 tra�h or garDage atorage receptacles mu�t be located in the rear or �ide yards and be totally screened f rom view from any publie right of xay. I. Motor vehicles necessary to the operation of the principal use may De �tored, without acreening only within the permitted rear y ard ares. if they are not readily vi�ible fram a puDlie right of vay. J. All roof equipment� except alternate energy device�� mu�t De acreened from public viex unless the equipment i� de�igned as an integral part of the Duilding and 1� compatible with the linea of the Duilding aa determined by the City. 5• Drainage And Crade Requirementa. A finished ground grade ahall De establi�hed �uch that natural drainage aWay from all Duildinga is provided. The following minimum criteria �hall apply: A. A minimum elevation of finished grade �hall not be leas than one-Tourth (i/q) inch rise per horizontal foot of setback measured from curb grade. B. The City may �pecify a minimum finiahed ground grade for any structurea in order to allaw proper drainage and connection to City utilitie�. CR-1 DISTRiC? 205-92 CR-1 DISTRICT 6. LanQ�caDit�g. •. It ahall be tbe arner'a responaibility to aee that all land�caping i� malntaineQ in an attractive and trell kept condition. In case any tree� or �brub� ahall die, the owner �hall replace them xith a like �pecies. Ar�y dead or damaged sod ahall De replaced. B. All vacant lota, tracts or parcels shall De properly maintained in sn orderly manner free of litter and �unk. C. All u�es ahall provide vater fac3litiea to yard area� tor maintenance of landacaping. T. Naintenanc�. It ahall De the responsiDility of the property o�+ner to enaure that: A. Every exterior vall, toundation and roof of sny building or atructure �hall be reasonaDly xatertight� weathertight and rodentproof and shal� be kept in a good atate of maintenanee and repair. Eztertor walla aha21 be maintained free trom extenaive dilapidation due to cracka� tears or Dreak� trom deteriorated pla�ter� atucco, brick, vood or other material that give� evidence of long negleet. B. The Drotective �urface on exterior walls of a building �hall be maintained in good repair and provide a�utficient covering snd protection of the atructural aurtace underneatb again�t its deterioration. liithout limiting the generality of this section� a protective aurface of a Duilding �Aall be deemed to be out of repair i!: (1) Hore than txenty-five percent (25i) ot the area of any plane or wall on vhich the protective aurface i� palnL i� Dliatered, cracked, flaked� �caled or chalked away� or (2) Hore than twenty-five percent (25f) ot the pointing ot any brick or �tone wall is loo�e or has fallen out. C. Every yarQ and all structurea, walls, feacea, walk�� atep�� drivewaya, land�caping and other exterior development shall De maintained in an attractive� well kept coadition. D. The boulevard area of a premise� �hall be properly maintained� groomed and cared for Dy the a�utting property owner. E. The cleaning of the walkway or sidewalk shall De the abutting property oxner�s responsibility. Ariy ice or �norr accumulatiens of tvo (2) or more 3nches shall De reaoved xithin twenty four (24) hours of tbs atorm'a completioa. 8. 'Eaaeatial Serviees: •. Connection ia required on each lot served Dy City sanitary aewer. B. Connection i� required on each lot served by s City water line. 205-93 m 205.1T M-i LIGH! �fDOSTRIAL DISTRZCT AF�OLA?IONS 205•171 QSF.4 PERMI??ED 1. priacipal IIses. lbe tollowing are principal uses in H-1 District�: iihole�aling, xarehou�ing, manufacturing� con�truction or service uses vhich rrill not be dangerou� or otherwise detrimental to person� re�iding or working in the vicinity� or to the public welfare� and will not impair the use� en�oyment or value of any property, Dut not including any uaea excluded hereinaf ter. 2. Acceaaor� Qsea. The folloving are accesaory usea in M-1 Districta: A. Off-atreet parking tacilitias. B. Off-�treet loading tacilitie�. C. Buaines� aign� for u�ea pe�itted. D. Retail sales or servicing of producta manufactured or xarehoused. E. Officea as�ociated with the manut'acturing or xarehou�ing oDeration. F. A dwelling for a xatchperson sub�ect to the tolloxing conditiona: (1) Any dwelling unit located in an induatrial atructure �hall not occupy the front half of a ground floor or Dasement. (2) Ar�y► dwelling unit in an industrial building shall not contain more than one (1) bedroom. (3) No detached dwelling unit ahall be permitted in this district. (4) A dwelling unit shall be a part of the principal Duilding and be provided with an outside entrance. G. Solar energy device� a� an integral part of the principal �tructure. 3. Qsea Peraitted Mith A Special Dse Per�it. The following are u�es permitted witb a Special Oae Permit in M-i Diatricta: A. Officea not a�sociated witb a principle u�e of manufacturing or varehouair�g. B. ilind generators and other tarer mounted energy device�. M-1 DISTRICi. RF,�OLATIONS � OSES PERHITTID C. Solar energy devices NOT an integral part of the prineip�l structure. D. Radio Lranamittera and micra►ave tawers. B. Junkyards (AutcmoDile Recycling Center). All �unkyards operating xithin the boundaries of tDe City of Fridle� aball aatiafy the following requirement�: (i) Drainage Requirementa: property Deing utilized a� a junkyard �hall satisfy all drainage requireaents a� required by municipal� county. atate� federal and waterahed district agenciea or any otber governmental or quasi-governmental body. (2) Pollution Control Requirements: (a) II�es which becau�e ot t�e nature of their operatlon create excessive noise, du�t. dirt, smoke, noxious ga�ea or odora� vibration�, glare, heat or ean contaminate Mater run-otf shall not be permitted. (b) Any property that ia in violation of (a) above shall be given one (1) year from the date ot vritten notitication by tbe City or any other regulatory agency to aDate the nuisance. If the pollution i� determined to De bazardou� to any person� animal or plant lite� the time of one (1) year shall De reduced to a reasonable limit. (c) If action is not taken to abate the oondition during tbe specified time, the bu�ine�s ahall not be allowed to continue operation withia the City of Fridle�. (d) In order to assure compliance xith the�e performance �tandard�� the City may require the a+ner or operator ot an� use to make �uch invesLigaLions and teats s� may be required to �how adherence to polluti.on control �tandarda. Such investigation and teata ahall be carried out Dy an independenL testing organization as may be agreed upon by all parties concerned� or if after thirty (30) days notice there is failure to agree, by �uch SnQependent teating organization a� may De selected by the City. The coata incurred in having auch investigation� or tests ahall be shared equally by the owner or operator and the City� unless the inve�tigation and te�Ls disclose noncompliance witb pollution eontrol atandard�� in which case tha entire investigatioa or teating cost ahall be paid by the o�rner or operator. 205-95 M-1 DISTRICT (e) The above procedure ahall not preclude the City from making any te�t� and investigations it tinda appropriate to determine compliance with the�e performance atandards. . (3) parking ReQuiremeats: (a) All designated parking areaa ahall include the following ratio of parking �paces: (1) Parking stall requirement� ahall be sa designated for in Section 205.175. *3• (2) Parking requirementa may be aubject to additional provision� aa reasonaDly provided by the City. � (3) At least two percent (2�) of the above parking requireaent� shall De designated by txelve (12) foot Dy twenty (20) foot handicap parking atall�. (D) All required parking shall be used f or parking of cuatomer and employee vehiclea and not u�ed a� �torage, and ahall remain unob�tructed Dy other activities or usea. (c) No on-street �torage of vehiclea ahall De permitted. (d) The parking areaa ahall be maintained free of vehi�le parta� litter� debria and storage at all timea. (�) Screeni�g Requirement�: All areas uaed for the storage of vehicle�, gar0age or refu�e containera� raw material�, suppliea or equipment �hall be enclo�ed by a fence, at least eight (8) teet in height and comply vith the follawing: (a) The fence ahall be conatructed so that no portioa of the storage area i� visiDle frcm any puDlie right of vay. (b) A solid fence or chain Iink fence xith �lat� shall De provided. (c) Vinea and other land�caping may also be required to provide additional screeaing. (d) No storage shall exceed the height ot the tence. (e) All screening �hall De maintained. i53 License Requirementa: (a) No person �ball os�n, operate� maintain or allox to operate a�unkyard xithin the boundarie� ot the City ot Fridley xithout the oxner or operator fir�t obtaining an annual license pursuant thereto of the provision� of this 1r1-1 DISTRICT 205-96 • Chapter and other appllcaDle chapLers and aectiona of tbe Fridley CSty Cod4 and an� otber goverameat�►1 or quasi-governmental provisioas. (b) Application ahall De made by the owner of the propert� or Dy the operator of a juNry ard through the City Clerk's offiee on forms furnished by that office. The applicant shall provide such information a� the City may reQuir�. (o) T6e annual 2lcense tee and ezpiration date �hall D� a� provided for in Chapter 11 of the Fridley City Code. (6) Exi�ting Facilitiea: (a) Al2 existing operations currently licenaed a� a �unky ard at the date ot adoption of thi� chapter shall conf erm to tAe above requirement� within one year of xritten notification by the City. (b) Any exi�ting operation not contorming to Lhi� chapter within Lhat period ahall not De granted a rener+al of their �unkyard license to continue to operate within the City. (7) Scope: The stanQard� and requiremenL� aet addition to all other applicaDle resolution� or regulationa of this quasi-governmental body. F. Repair garage�. C. Automobile service atations. 205-97 Dy this Chapter ahall De in ordinance�� laws� �tatutea� or any other governmental or If a Special II�e Permit is granted� the following minimum conditiona must be IDet in order to protect the puDlie health, aatety and general velfare. Becau�e of traffic hazarda, noise, light glare at night, outdoor storage of inerchandise. indi�criminate advertising and other charaeteri�tics ot this type of Dusiness which are potentially detrimental to our community, these minimum standard� �hall be con�idered� along With any other reconaendation� the City may determine nece��ary to eliminate the particular problems in achieving compatiDility with aDutting and adjacent land uses: (1) The station shatl not provide for the autdoor operation ot luDrication equipment, hydraulie lifta or service pits or the outdoor display of inerchandi�e. The outside underground storage of ga�oline and other petroleum producta� the di�play o! petroleum products between p�pa� or the temporary dlaDlay of IDerchandiae xithin four (4) feet of the station building is per�itted. M-1 DISTRIC'1' (2) ihe property �hall not De u�ed a� a place of �torage tor� or depository oP, Nrecked, aDandoned or �unked motor vehiclea or for the �ale or display tor sale of u�ed motor vebicle�. (3) Any required Duffer or �creening area xi11 De �o constructed as to ob�truct headlight Deam� of motor vehicle� on tbe �tation property trom Deaming onto ad�acent reaidential propert�. 8. Ezterior atorage of materials. �. Additional Re�trictiona. For usea other than principal uses, requirementa a� to lot aize, aetbacka, Duilding� parking, landscaping, acreening, etc.� ahall De at least comparable to �imilar u�ea in other diatricta, but also aub�ect to additional provisions aa reasonably provided Dy the Cit�. 205.172 OSES ExCLODED 1. Any u�e allowed or excluded in any other district unleas apecifically allared under Uses Permitted ot thia di�triet. 2. Oses which may be dangeron� or otherwiae detrimental to peraon� residing or working in the vicinity thereof� or to tAe DuDlic welfare and may impair the u�e� er�joyment, or value of aay property. 205•li3 LOT REQOIRE2�HTS MD SETBACICS 1. Lot trea. A lot area of not less than three-fourths t3ia) sere i� requiree for one (1) main building. 2. Lot Coverage. A. The maximum percent of the area of a lot allorred to Oe coveced by the main Duilding and all acces�ory buildings is a� followa: (t) One (1) Story - forty percent (40s) maxiIDUm. (2) 1ti+o (2) Story - thirty-five percent (35x1 maximum. (3) Three (3) Story - thirty percent (30f) maximum. (4) Four (4). Story - tWenty-five percent (25i) maximum. (5) Five {5) Story - t�enty percent (20i) maximum. (6) Six (6) Story - fifteen percent (i5f) maximum. B. The aDove lot coverage will De sub3ect to other consideration�� including parking and open space requirementa� use of tacilitiea, aad proximity to otber districts, xhich may decrease the mazimum lot coverage. C. The lot coverage may be reduced by the City if and xhen there is provision tor underground parking vithin the main structure provided that the lot coverage shall not De more Lhan forty percent (40x) and that the twenty percent (20f) land�cape area minimum la maintained. M-1 DISTRICi` asEs EICLODED LO? RDQOIREI�NTS MD SE?BACICS 205-98 �� . Setbacks. A. Front ?ard; A front yard QeptQ ot not leas than thirty-five (35� feet is required for all permitted Dnilding� asid use�. 8. Side ?ard: itiro (2) �ide yard aetDacks are required, each wittt a width of not less Lhan fifteen (15) feat except: (1) Yhere a driveway ia to be provided in the side yard, tbe minimum required aide yard increases to thirty (30j feet. (2) ithere a aide yard abuts a atreet ot a eorner lot� the side yard requirement inc�eases to a minimum of thirty-five (35) feet. (3) No �ide yard ia required where a commmon wall ia provided between two (2) Duildings which meet the requireme�t� o! the Building Code. C. Rear 7ard: A rear yard depth of not le�a than twenty-five (25) feet ia required� rrith an additional one (1) foot ot rear yard depth for each tour (Oj feet of Duilding height over t6irty-five (35) t'eet. D. Additional Setback Restriciion�: Whenever any H-t Distriet is adjacent to or adjoins any other diatrict, permitted Duilding� and use�� except automoDile parking and loading �pacea� driveways, esaential services� walka and planting apaces ahall not be: (11 Closer to the street right ot way line than 100 feet. (2) Closer to the alley right of way line than forty (40) feet. (3) Cloaer to the Doundary line of any other diatrict than thirty-five (35) feet. (q) Closer to a residentia2 di�trict than tifty (50) feet. 205•17� BOILDIAG REQ�IREl�NT3 1. Aeight. Bullding height shall De a max2mum of aiz (6) atoriea not e:ceeding aixty-five (65) feet provided that no Duilding �hall ba erected to a belght exceeding torty-five (45) feet vithin fifty (50) feet of any R-1 or R-2 re�iQential district unlea� one (1) additional toot of setback can be provided for eacD one (1) foot ot building height or portion thereot exceeding forty-five (�5i teet. 205-99 M-1 DISTRICT $D II.DIHC RDQQIREMENTS 2. Exterior Naterials. The type of Duilding material� used on exterior valla shall De tace Drick. natural atone� specitically designed precaat concrete. factory faDricated and finished metal frame paneling, gla�s or other material� approved Dy ths City. 205•175. PARa7BG RBQOIRENQ:NTS 1. Reductioa Ot Yarking. tihen �Aoxn by the applicant that the provision of apaee required f or parking �tall�, due to the particular nature of the propoaed use or other considerations would De an unnece�aary hardship� reduction of parking atall� may De allowed provided that adequate open apace i� provided to meet the total number of required atalls. 2. Additional parkins. Mhen the provision� for parking �pace required tor apecific district uaes is inadequate� tDe City may require additional off-atreet parking De provided. 3. Parking Ratio. A. For office u�e� at leasL one (i) oft-street parking space ahall Oe provSdeC for each 250 square feet of office space. B. For retail use� at leaat ona (i) off-street parking �pace �hall be provided for each 150 square feet of retail space. C. For manufacturing use. at least one (1) oft-atreet parking �pace will be provided tor each �100 squart feet of manufacturing �pace. D. For warehouse and atorage use, at least one (t) off-�treet parking apace will be provided for eacb 2�000 square feet ot auch apace. E. For �peculative building uae� at leaat one (1) of t-�treet parking �pace will De provided for each 450 aQuare teet ot floor area. F. AL leaat one (i) handicap oft-�treet parking �pace ahall be provided for each tifty (50) �pace� or fraction thereot. 4. Design Requirementa: A. Drainage: All driveWaya and parking areas, except tho�e for le�� than tour (4) vehicle� ahall be graded according to a drainage plan whicb has been approved Dy the City. B. Lighting: ArLy lighting uaed to ill�inate an oft-�treet parking area ahall be shaded or diffuaed �o as to reflect the light away trom the ad�oining property ar�d trat'fic. M-1 DISTRICT pAR1CI]IC AfiQOIREt�NT3 205-100 �� H-1 dISTRICT C. Cur0ing: The entire perimeter of all parking area� in esce�a ot tour (�) �talla� accesa driveWaya� truck loading �pacea or other hard aurtaee areas that handle motor vehScle traffic sha21 De curbed witb a poured �ix (6) inete high concrete curb. (1) Curbing �hall De required around safety islanQs. i2) CurD cuta and ramps tor the handicapped shall be installed as required Dy State lax. (3) Con�truction ahall De ia aecordance with eurDing specifications on tlle at the City. (4) The City may exempt curDing: (a) ldhere the parking lot dlrectly aDuts a aidewalk �hicb la aufficiently higher than the grade of the parking lot to �ubatitute for the curbing requirement�; or (b) ifhere the City has approved future exDansion. D. Driveway Requirements: (1) A maximum driveway width of thirty-two (32) teeL at Lhe eurb opening� exc2uding the entrance radii, can be eon�tructed. (2) The parking ai�le ahall De a miniaeum of twenty-five (25) feet in width for two-way tratfic and eighteen (18) feet in xidtb tor one-Way tratfic. (3) The edge ot the curb opening �hall not De cloaer to the nearest portion of a�treet right ot way inter�ection than seventy-five (75) feet or two-thirds (2/3) ot the lot vidth whichever !s amaller. Where s"T" intersection exi�t�� a drive may be located opposite the end of the intercepted atreet. (4) A minimum driveway angle to the �treet ahall De sixty (60) degree�. E. All parking and hard surface area ahall be: (1) No c2oser than twenty (20) feet from any �treet right of way. (2) No closer than five (5) feet from any aide lot line, ezcept for a common drive. 205-101 Ko cloaer than live (5) feet from any rear lot line unlea� �cent to an slley, then the aetback aball be increaaed to een (15) feet. �, No clo�er than five (Si feet from the main Duilding. CurDed with minimum Qriveway accesa radii of ten (10) teet to _...,,h the eziating �treet curb. !. Loading Docks: (1) Outaide loading docic� ahall De located in the rear yard� or side yard and be properly acreened. (2) The apace needed for the loading dock� muat De adequate to handle the loading and unloading need�, xithout obstructing the public right of way. G. Otf-street parking �hall be provided tor all vehicles concerned with ar�y of the uaes on the lot. N. Al1 parking facilities of Pifty (50) apacea or more shal 1 Oe subject to interior landacape improvementa to be approved by the Zoning Administrator. I. Parking lots with more than four (4) parking �talla ahall De �triped. • J. Sufficient concrete area ahall be provided for motorcycle parking in addition to the required vehicle parking �talla. 1C. Bike racks may De required Dy the City in an area that i� convenient to each major building entrance and will not dlsrupt pedestrian or vehicular tratfic or tire lanea. L. Safety aigna� marking� and traflic control devices may be required to promote vehicular and pedestrian safety. 205.1?6 LA1iDSCAPB REQIIIREMEHTS 1. The minimum landscaped area tor all industrial u�e� ahall De twenty percent (20x) of the total site. 2. All open area� of any site, except for areas used for parking, drivevays or �torage shall have ground cover and be landscaped with tree�, shruD�� Derms and other landscape materials at a coat not lea� than one snd one balt Qerccent (1- t/2i) of the building construction costa. 3. A landscape plan sha11 be submitted which indicates the location, size and speeie�, and method and quantity of all propo�ed plant� including de�ignation of any exi�ting vegetation xhich ia to De removed or whicb xill rema3n xith construction, for approval Dy the City. �. IInderground lawn aprinkling systems shall be provided to maintain the lawna and landscaping xithin the boulevards, front and side yard area�. M-1 DISTRICT LANDSCAPE ADQOIRE?�RT3 205-102 205.177 PP.R�'ORHA�CE STAtDLRA! 1. Parking ReQuiremeats. All drivexaya, parking areaa� and loading dock� ahall �e aurtaced witD b2acktop, concrets or otber hard aurf$ce material approved Dy tbe City. : 2. Ezterior 3torage. All materiala and commercial equipment �Dall De kept in a building or ahall De fully screened ao aa not to De vi�iDle from any public right of way or adJoining property of different zoning. Tde City Council shall require a Special IIse Permit for sny exterior storage. 3. Refu�e. All vaste materiala, reluae ar garbage ahall be contained in closed containers a� required under the chaDter entitled "Waste Dispo�al" of the Fridley City Code. �. Screeriing. A. Screening shall cor�i�t of a solid fence or wall not lea� than aix (6) feet high in tha �ide and rear yard and a maxim� of tour (q) feet high in the front yard and ahall not eYtend to wtthin tifteen (15) feet of any �treet right of vay line. Planting� may alao be required in addition to/or in lieu of fencing. The type� aize and locatio� of auch plantinga mu�t De approved Dy tDe Cit�. 8. Plantings shall not De placed �o aa to oDstruct lines of �ight at �treet corners and driveways. C. The screening repuirements �hall De satiafied by the use ot a acreening fence or planting screea according to the folloxing standarda: (1) A�creening fence shall De attractive, compatible with tDe principal building and the surrounding land uae. (2) A planting �creen shall con�iat ot a clo�ely grown hedge, s rox of tree�, evergreens or other vegetation approved Dy the City. (3) If the topography� natural groxth of vegetation. permanent Dulldings or other barriera meet the �taadard� tor screening a� approved by the City, they may De auD�tituted for all or part of tbe acreening fence or planting acreen. D. Screening of off-street parking �hall De reQuired for: (1) �r�y off-�treet parkirig area is visible trcm a publie right of w�. (2) Ac� driveway to a parking area adjoins a publie right of vay. 205-203 M-1 DISTRICT PBRFOR!lJl�CB S?I�DARDS M-1 DISTRICT E. All loading docks must be located in the rear or aide yards and De �creened with a aiz (6) toot minimum bigh solid �creening fence if vi�ible tram public ri�t ot way� or adjacent to reaiden�ial districts. F. Parking Detxeen the building snd frontage �treet muat �e screened trom the atreet by a hedge, aolid fence� Derm or cloael� groxn planting strip at lea�t thirty-ais (36) inches in height. ii. All trash or garbage atorage reeeptaclea mu�t be located in the rear or �ide yards, and Oe totally screened from viex lrom any puDlio right ot way. H. All raw materials� aupplies, finished or aemi-finished products and equiyment� not including motor vehicle�� hall be �tored xithin sn enclosed building or be �creened on all sides from viex from a publie right of way or an ad�oining property of a different district Dy a fence or other approved �creen which extend� two (2) teet abaove the highest item to De stored with the height of the fence aot to exceed eight (8) feet exceDt xhere materiala and eQuipment are being uaed tor construction on the premises. I. Motor vehicles necesaary to the operation of the principal u�e� may De atored, vithout �creening only withia the permitted rear yard area it they are not readily visible trom a publie right of way. J. blhere any induatrial Dusiness or induatrial use i� adjacent to any other district, there ahall �e a minimum fitteen (15� foot wide planting �trip in which �creening ahall De provided ao that • �ub�tantial physical Darrier will separate the uses. 1C. All roof equipment, except alternate eaergy device�� mu�t be screened from public view unleaa the equlpment i� de�ig�ed a� an integral part of the building and ia compatible with the linea of the Duilding, as determined by the City. 5. Drainage And Crade Requirements. A finished ground grade ahall De eataDlished auch tAat natural drainage away from all Duildinga is provided. The follawing minimum criteria shall apply. A. A minimum elevation of finished grade ahall not De lesa than one-tourth (1/�) inch rlse per horizontal foot ot �etback meaaured from curD grade. 8. The City may �pecify a minimum tinished ground grade tor any structurea in order to allow proper drainage and connection to City utilitiea. 205-104 M-1 DISTRICP 6. LandscaDiag. A. It ahall be the awner's responaibility to �ee that all landacaping is maintained in an attractive and Well kept condition. In case anr trees or ahrub� ahall die, Lbe owner shall replace them rritb a like apeeie�. ArLy dead or damaged aod ahall De reDlaced. B. Al1 vacant lots, tracts or psrcels ahall be properly maintaiaed io aa orderly manner free ot litter or �uak. C. All uses ahall provide vater facilities to yara areaa tor maintenance of landscapisg. q. Haintar�ance. It �hall De the responsiDility of the property owaer to en�ure that: A. Every exterior wall� foundation aad roof ot any Duilding or structure �hall be reasonably xatertight, veatbertight and rodentproof and �hall be kept in a good �tate of maintenance and repair. Exterf or valls �hall De IDaintained free from exten�ive dilapidation due to crack�� tears or Dreak� trom Eeteriorated pla�ter� stucco, Drick, rrood or other material that givea evidence of long neglect. ' B. The yrotective �urface on ezierior vall� ot s Duilding �hall be maintained in good repair and provide a sufficient covering and protection of the atructural surface again�t it� de terioration. Without limiting the generality of this section� s protective �urface of a Duilding ahall De deemed to De out of repair if: (1) Hore than tuenty-five percent (25f) of the area ofary► plane or rra21 on which Lhe protective surface i� paint i� Dlistered, cracked� flaked, scaled or ehalked aWay. or (2) More than twenLy-tive percent (25i) ot the Dointing ofany Drick or atone wall i� loose or ha� fallen out. . C. Every yard and a21 structure�� valla, tence�� walka, steDa, driveway�, landscaping and other exterior developments shall De maintained in an attractive� Well kept condition. D. The boulevard area of a Dremise� shall De properly maintained, groomed and cared for by tbe abutting property awner. E. Z'!�e cleaning of the xalkxay or sider►alk shall be the abuttiag property awner's responsiDility. Ar�y ice or �new accumulations ot two (2) or more inchea shall be removed vithin twenty four (24) hour� ot the atorm compleLioA. 8. Esseatial Ser�ices. A. Cennection is required oa each lot �erved by City aanitary aewer. B. Connection is required on each lot aerved by a CiLy rrater line. 205-105 205.18 M-2 BEAY? �ffDOS?RI�I. DISTBICT RiT,IIL1TI0113 205.181 OSE3 PSRiIZ??ED t. Priacipal Oses. The following are principal u�ea in M-2 Districta: l. Hholesaling� warehousing� manutacturing� construction or aervi�e uae� which will not be dangerous or otherwise detrimental to persona re�iding or workin,g in the vicintty or to the public welfare and will not impair the use, en�oymeat or value ot any property but not including any uaes excluded hereinafter. B. Equipment a�semDly plants. C. Dry cleaning plants and laundriea. D. Railroad line� and spur�. pa�senger and lreight depots. E. Heavy duty repair garagea. F. Transformer�� pumping �tation� and sub�tations. 2. Acce��or� O�es. The folloWing are accessory uses in M-2 Districts: A. Retail �ale� or �ervicing of product� manufactured or warehoused. B. Officea a�aociated xith the principal u�e. C. A dxelling tor a xatchperson aubject to the folloxing conditior�: (t) Any dwelling unit located in an induatrial structure ahall not occupy the front half of a ground floor or Da�emenL. (2) ArLy dwelling unit in an indu�trial Duilding shall not contain more than one (i) bedroom. (3) Ho detached drrelling unit �hall De permltted in thia district. (4) A dwelling unit ahall De•a part of the principal building and ahall be provideG vith an outside entranee. D. Oft-�treet parking facilitie�. 8. Oft-street loading tacilities. F. Solar energy devices as an integral part of the prineipsl atructure. M-2 DISTRIC? RF�OL�TIOYS OS83 P8R!lITTBD 205-106 M-2 DISTRICT 3. Dses Persitted Yitb L 3pecial IIse perait. The following are uses permitted with a Special Qae Permit ia M-2 Districts: A. Offices. • B. Yind generators arid other torrer mounted energy devicea. C. Solar energy devices NOT an integral part of tbe prinaipal atructure. D. Radio transmittera and microxave towers. E. Bulk gasoline and oil �tations� but not tank tarm� or oil transportation termina2�� provided all applicaDle �a!'ety regulatio na are complied xitb. F. The issuance ot a apecial u�e permit ahall De required Defore any of the follor+ing u�es s6a11 be estaD2lshed� reconaLrucLed� structurally altered� eniarged or moved. (1) Cement, lime, gypsum or pla�ter of paria manufacture. (2) Di�tillation of Done�� coal� tar� petroleum� refuse� graia or xood. (3) Drilling or excavation tor� or removal of� oil� gas or other , hydrocarbon� or minerala. (�) Fat rendering. (5) Fertilizer manufscture. (6) Carbage� offal� dead anlmal or fi�h reduction or d�ping. (7) Ca�� illuminating or heating� manufacture. (8) Clue manufacture. (9) Stone quarry, gravel pit. rock crushing and cutting� gravel and sand washing and grading. (10) liaste disposal or processing faeilit�. C. Railroad yards, roundhouse�, raiiroad repair ahopa� switching yarda, humping yarda, piggyDack yard� and rail truck tranafer terminal tacilities provided that no �uch use� ahall be xithin 1,500 feet of any re�idential district. ii. Junk yards or the baling of material xhen totally enclosed within +a Duilding structure and the Council approves the location proposed. - 205-107 �. Additional Restrictions. For u�e�� other than principal uae�� requiremeata aa to lot siz�� setbacka, building, parking, land�caping, acreening� etc., �hall De at least comparable to similar u�ea la other districta� Dut al�o aubject to additional proviaion� as provided by tbe Cit�. 205•182 �SE3 EZCLODED 1. Any u�e allawed or excluded in any other di�trict unles� �pecificall� allar�ed under Usea Fermitted of this district. 2. Oaea which may be dangerous or otherwise detrimental to person� residing or working in the vicinity thereof or to the public xelfare and which may impair the uae, enJoyment or value of any propert�. 3. Nanufacture of acetylene, acid or any other type explo�ive. 4. Stock yard� or slaughter hou�e�, except ot poultry or raDbits. 5. Nuclear or haaardou� xa�te procesaing or �torage facilitie�. 6. Ar�y other u�e (unle�� a Special D�e Permit is obiained therefore) xhich is oDJectionable by reason of noise� dust� dirt� noxioua gaae�� odor, viDration� glare� heat� exploaions or Decause of �ubjection of life, health and property to hazard. 205. t 83 LOT RDQDIREi�NTS A�D SE?BAGlG4 1. Lot Mea. A lot area of not les� than one and one-half (1-1/2) acre ia required for one (1) main building. 2. Lot Coverage. A. The maximum percent of the area of a lot allowed to be covered D� tbe main building and all accessory building� ia as follo�rs: (1) (2) (3) ��) ( 5) (6) One (1) Story - forty percent (40x) maximum. Two (2) Story - thirty-tive percent (35S) maximum. Three (3) Story - thirty percent (301) maximum. Four (4) Story - tventy-five percent (25f) maximum. Five (Si Story - twenty percent (20s) maximum. Sis (6) Story - fifteen percent (15f) maximum. H-Z DISTRiCT OSB3 BZCLOD� LO? RDQUIRFXEKTS AJiD SETBACK.4 205-108 M-2 DISTRICT 8. ?be aDove lot coverage xill be suDject to other conaiderations including parking and opea space requirement�� use of faeilitie�� and prosimity to otber diatrict�, which may decreaae Lhe ma=imum lot coverage. C. Tbe lot coverage may De reduced Dy the Cit� if and when ther� is provisien for underground parking xithin the main �tructure provided Lhat tbe lot coverage shall not De more than forty percent (�0�) and - Lhat the twenty percent (20f) landscape area minimum i� maintained. 3. Setbacks. A. Front ?ard: A front yard depth of not Ieas than thirty-tive (35) teet is required for all permitted Duildings and use�. H. Side 7ard: 11ro (2) Side yard� are require4� eaeh witb a width of not le�� than twenLy (20) feeL except: (1) Where a drivexay ia to De yrovided in the �ide yard the minimum reQuired �ide yard increasea to thirty (30) feet. (2) iihere a side yard abuts s atreet of a corner lot� the �ide yard requirement increaae� to a minimum of thirty-five (35) feeL. (3) No side yard ia required xhere a common xall i� provided between two (2) buildings, which meet the requirement� of the Building Code. C. Rear Zard: A rear yard depth of not le�� than twenty-five (25) feet is required� with an additional foot ot rear yard depth for each four (4) feet or portion of Duilding height over thirty-five (35) feet. D. Additional SetDack Reatrictions: Mhenever any M-2 District ia adJacent to or ad�olna on any other di�trict, per�itted Duilding� and use�� except automo011e parking and loading �pacea� driveway�� e�sential aervice�� walks and planting apace� shall not De: (t) Clo�er to the �treet right of xay line than 100 feet. (2) Clo�er to the alley right of xay line than forty (40) feet. (3) Cloaer to the boundary line of any otber di�trict than thirty-five (35) feet. (�) Closer to any residential district than fifty (50) feet. 205-109 205.164 B�ILDDC RBQOIAD�ATS 1. Height. Huilding beight shall De a maximum of siz (6) �torie� not esceeding �izty-tive (65) teet provided that no Duilding ahall be erected to a height exceeding torty-five (45) feet within fifty (50) feet of any lt-1 or R-2 reaidential di�trict unle�� one (1) additional toot ot �etDack can De provided for each one (1) toot of Duilding height or portion tbereof exceeding forty-tive (45) teet. 2. Ezterior Materiala. The type of building materiala u�ed on ezterior wall� shall be face Drick, riatural �tone, �pecifically designed precast concrete, tactory tabricated and tinished metal frame paneling� gla�a or other materiala approved Oy the City. 205.185 PARRII�G REQIIIRF}�ATS 1. Reduction Of Parking. lihen �hown Dy the applicant that the provision of apace required f or parking atalls, due to the particular nature of the propo�ed use or other considerationa would be an unnece�sary hardship� reductioa ot parking �talla may De alloxed provided that adequate open space is provided to meet the total numDer of required atall�. 2. Additional Parking. 1�then the pravisions for parking apace required for specifiC distriCt uaea ia inadequate� the City may require additional off-atreet parking Will be provided. 3. Parking Ratio. A. For office use at least one (1) oft-atreet parking space shall De provided tor each 250 square feet of oftice space. H. For retail uae at least one (1) off-atreet parking ayace shall be provided for each 150 squara feet of retail apace. C. For manufacturing usea at least one (1) off-atreet parking �pace shall De provided for each 400 square feet of manufacturing apace. D. For aarehouse and atorage use at least one {1) off-�treet parking space shall be provided for each 2,000 square feet of �pace. E. For speculative building u�e at leaat one (1) off-street parking �pace shall De provided for each 450 square feeL ot tloor area. F. At lea�t one (i) handicap off-�treet parking space ahall De provided for each fifty (50) spaces or tractioa thereot. M- 2 DI STRI CT BOILDIlIC RDQOIRF?�NTS PARICD�IG REQO IRE!'�IiTS 2os-iia M-2 DISTRICT ; �. Deaign Requirements: A. Drainage: All drlveways and parking area�� except those for le�� than four (�) vehicle�, ahall be graded according to a drainage p2an which has beea approved Dy the Cit�. H. Lighting: Ar�t lighting u�ed to ill�inate an oft-�treet parking area ahall b• ahaded or diftused ao as to reflect tbe light axay from the adjoining property and trat'fio. C. Curbing: The entire perimeter of all parking area� ia ezcesa of tour (�) atall�� acce�� driveway�, truck loading �pacea or other hard aurtac• areas that handle motor vehicle traffie �hall De curbed with s poured aix (6) inch high concrete curb. (1) Curbing �hall De required around safety i�Ianda. (2) Curb cuts and ramp� for tba hand3capped shall be in�talled as required by State law. (3) Construction �hall Oe ia accordance witb curbing specification� on tile at the City. (4) The City may exempt curbing: (a) Hhere the parking lot directly aDuts a�idewalk whicA is sufficiently higher than the grade of the parking lot to aubstitute for the curbing requirements. (b) iihere the City has approved tuture expan�ion. D. Driveway Requirementa: (1) A maximum driverray width of thirty-two (32) feet at Lbe curb opening� excluding tha entrance radii ean De con�tructed. (2) The parking aisle shall be a minimum ot twenty-five (25) tsst in xidLh. (3) The edge of the curp opening ahall not be cloaer to the neare�t portion of a�treet right of way lateraectioa than �eventy-five (?5� feet or two-thirds (2/3i of the lot width, vhichever ia smaller. l�here a"T" intersection existe, a drive may De located opposite the end of t6e intercepted atreet. (�) A minimum driveway angle to t6e atreet ahall be �izty (60) degree�. E. Al1 Qarking and hard �urface area� �hall bs: (t) No clo�er tbaa twenty (20) feet from any street right ot vay. (2) No clo�er thaa five (5) feet from any aide lot line� ezcepL for common drive. 205-111 0 (3) No cloaer tDan five (5) teet from any rear lot line unlaas ad�acent to an alley� tbsn the �etback aball De inareased to fif teen � 15i teet. (�) Ao eloser than five (5� feet trcm the main Duildins. (5) Curbed with minimum driveuay access radii of ten (10) leet to match tbe eziating �treet cur0. P. Loading Docica: (1) Outside loading docks are to De located in the resr yard or aide yard and be properly acreened. (2) The apace needed !oc the loading docks must De adequate to handle the loading and unloading need�, without oDstructing the public right of rray. G. Off-street parking �hall be providad for ail vehiclea concerned vith any of the use� on the lot. H. All parking tacilitiea of fitty (50) �paces or more �hall D• aubject to interior landscape improve�ent� to De approved Dy the City. I. Parking lots xith more than four (0) parking spacea shall Ds atriped. J. Sufficient concrete area shall be provided for motorcycle parking in addition to the required vehicle parking stalls. 1C. Bike rack� may De required Oy tha City in an area that is convenient to each major Duilding entrance and will not diarupt pedestrian or vehicular trattic or tire lanes. L. Safety �igna, markinga and traYfie control device� may De requirad to promote vehicular and pedeatrian safet�. 205.186 LANDSCLPB RDQIIIREI�KT3 1. The minimum landscaped area for all industrial uae� sball be twenty (20�) of the total aite. 2. All open area� of any aite� escept tor areas used for parking, drive�aya or storage ahall have ground cover ana be landacaped with tree�, �hrub�� Derm� and other landscape materials at a eost not less than one and one half percent (1-1/2x) ot the building construction co�ta. 3. A landscape plan shall De submitted vhich indicatea the location� size and apecies� and method and quantity of all proposed plants including designation of any existing vegetation rrhicti is to be removed or xhich will remair► xith construction, tor aDproval by the City. �. Underground laWa �prinkling sy�tema shall be Drovided to maintain the lawns and landscaping r+ith�n the Doulevards, front and aide yard areas. M-2 DISTRICT LIIBD3CAPB REQD IREt��TS 205-112 205.187 PBRFORNA�CE STA<DtRD3 1. Parking Requirements. Al1 driveway�, parking areas� and loading docks �hall De aurf aced xith Dlacktop. concrete or other hard surface material approved Dy the Cit�. 2. E�cterior 3torage. A. All materials and commercia2 equipment �hall be kept in a building or shall be fully screened �o as aot to De viaible from any puDlic right of way or adjoining property in a different diatriet. B. The City Council �hall require a Special Oae Permit for an� exterior storage. 3. Refus�. All xaste material�� refuse or garbage �ha21 De conta2ned in cleaed contatner� as required under Lhe chapter entitled "iiaste Dispo�al " of the Fridley City Code. �. Screening. A. Screening shall consiat of a�o�id fence or wall not Ie�s than �iz (6� feet high in the aide and rear yard snd a maximum of tour (b) teeL htgh in the front yard and ahall not extend to within fifteen (15) feet of any atreet right of va y line. Plantings may also De required in addition to� or in lieu of, teneing. The type� �ize and location of such plantings must be approved Oy the Cit�. H. Plantings �hall not De placed so as to obstruct linea of sight at street corners and drivewaya. C. The acreening requirements shall De aatisfied by the u�e of s �creening fence or planting screen aceording to the following atandards: (1) A acreening fence shall De attractive, compatible with the principal building and the surrounding land uae. (2) A planting screen shall consist of a closely grown hedge, a row of trees, evergreena or other vegetation approved Dy the citr. (3) If the topography� naLural growth of vegetation� permanent Duildings or other barriers meeL Lhe standards for acreening a� approve� by the City, they may be aubstituted for all or part ot the screening fence or planting aereen. D. Screening of off-street parking �hall be required for: (1) My off-street parking area is vi�ible trem a puDlie right ot va�. (2) Ar�y driverray to a parking area adjoining a puDlic right of ML,Y. 205-123 M-2 DISTRICT PERFORZi1l�CE STAHDiRDS 0 y-2 DISTRSCT t. �.11 loaQing aocic� mu�t De located in the rear or aide �ard� and p• acreened �it6 a�is (6) toot sinimum Digb aalia acreening fence i! vi�ib2• from pu011c right of �sya or it witbin-tift� (SO) feet of ad�acent residantial districts. �. Parking betveen the building anQ frontage �treet mu�t �• screened trom t�e �treet b� a he0gs, solid fenc�� Derm or cloael� sroxA plantirig atrip at lea�t tbirty-siz t36) inche� lo beiaht. 0. All traab or garDage �torage receptacles must pe located in th• rear or �ide yarda and De totally �creened from ♦iev from any puDlio right ot vsy. H. All rav materials� auppliea, tini�hed or semi-finiahed products and eQuipeent, not including motor vehicle�� hall De �tored vithin an encloaed Ouilaing or De screened on all sides trem view from a puDlie right of way or an ad�oining propert� of a different di�trict Dy a fence or other approved �creen vbicb extenda tvo (2) teet aDove the highest item to De atored vith the Aeight not to exceea eight ($) feet except wAere materiala and equipment are Deing u�ed for conatruction on Dremisss. I. Moior vehicles nece�aary to the operation ot tbe principal u�e� may De �tored� without screening only within the Dermitted rear yard area it they are not readily vlaiDle from s puDlic rigXit of va�. J. Uihere any induatrial bu�ineas or indu�trial uae i� adjace nt to any other diatrict� there ahall be a minimum fifteen (15) toot wide planting �trip in vhich �creening ahall �e provided ao that a auDstantial Dhyaical Darrier will separate the u�es. x. All roof equipment� except alternate energy devices� muat 0• screened from puDlic view unleas the eQuipment is deaigned a� an integral part of the Duilding and i� coeapatiDle vith the linea of th• Duilding� a►� determined Dy tAe City. 5. Drainage And Crads Requirements. A finished ground grade shall De esta011�hed auch that natural drainage away fram all Duildinga is provided. The follating minimum criteria ahall apply. A. A minimum elevation of tinisbed grade ahall not De leaa than one-fourth (1/4) inch rise per borizontal foot of setDack meaaured tram cur0 grade. 8. The City may apecify a minimum finished ground grade for an� structure Sa order to allov proper drainage and connection to Cit� utiliti�s. 205-11� M-2 DISTRIC7 6. Lanesca�le�: A. It sAall De tbe ovner's re�DonsiOilit� to see tbst all lsndacapin� !a maintained in an attractive snd well kept condition. In as�e an� tree� or ahruD� �hall die, tDe ovner ahall replace tEem vith a lik� specie�. Aty dead or damaged sod shall be replaced. '� D. AlI �acant lots, trsct� or yarce2s sb�l Le properl� maintain�d io an orderly manner tree of litter and �un1c. C. All n�es sDall provide yater lacilities to �ard ar�as fo� �aintenance of Iandaeapins. 7. Ka.iateaanc�. It ahall De the reapon�iDiliLy ot tbe propert� o++r,er to enaur• thsts A. Every exterior vall, foun0ation and roof ot an� Duildin6 or structure shall De reasonably vatertight, veathertight snd rodentproof snd �hall De kept !n a good atate ot maintenance snd reDair. Exterior walls �hall �e maintained free trom e:tensive dilapiastion du• to cracka� teara or Dreaks fram deterioratea pla�ter� sLucco, Drick, �ood cr otAer material that give� eviQence of Iong neglect. 8. TAe �rotective �urtace or► exterior valla of s Duilding sAsll b� maintsined in good reDsir and proviEe s sufticient coverin� and protection ot the atructural aurface again�t its deteriorstion. Yithout lim.iting the generality of thi� section, a protective aurfsc• ct a Du22ding �hall De deeced Lo De out of reysir its (i) Hore than tventy-tive percent (25f) ot the area ot sn� ylan• or vall on wt�ich the protective surface !a �aint i� �li�tered� cracked� flaked� acalea or chalked array� or (2) Nare tAan tventy-five percent (25i) ot the �ointins ot any Drick or atona r+all is loose or ba� tallea out. C. Every yard and all structu�ea. walls, tences� valk�. st��s� drivevay�� land�caDing and other e:terior developmenta shall �• maintained in sn attractive� well kept conditiow D. TAe Doulevard ares of a �remises aAall �e �roDerl�r maintainad� groofl ed and cared for Dy the abutting proDert� arner. E. fie cleaning of tDs valkway or sidevalk �hall De the abuttins proDerty ovner's reapon�ibility. �y► ice or �nov acc�vlationa ot tvo (2) or more inchea ahall De re�oved vitAin tventy lour (20) hours of the �torm'a coapletio�. � d. 8ssectial SerTices. A. Connection i� required on each lot aerved by City �anitary aever. �. Connection !a reQuired on each lot �erved Ly a Cit� vater liA�. ZOS-11S 205.19 p'OD-PI.AaTNED ONIT DE�'ELOP2��liT DI3TRSC? aFT,IIL�?IOHS 205.191 p'ORPOSB Tbe objective io e�tablishing s PDD District ia to eliminate the eo- mingling of different, incompatible uae� in one zoning claaaitication. Such co-mingling cauae� barm to aurrounding Dropertie� because o! the po��ibility that the zoned property will be used tor s use difterent from tbe particular use contemplated at the time of enactment ot tbe zoaing ehapter. IL ia, therefore. the purpose of this chapter to provide for �afety, order� convenience� prosperity and general welfare torth in thi� chapter all of the regulation� and procedurea in vith the zoning ot property for a plaaned development u�e. 205.192 PaOCEDORE FOR EST1l8LISHiNG 1 PI.A1�iHED OHIT DEVII.OPl�N? the heal tb� Dy aetting connectioe There �hall be provided by the applicant, Drior to acceptance of the petition tor reclaa�ification, s General Plan of Development. Said general plan of development ahall con�i�t of map�� deacriptive statementa of objective� principle� and atandard� u�ed in it� f ormulation and ahall inelude the following components: t. Land IIse Co�Doneat. A Land Dse Component �hall con�i�t ot a map or maps, setting forth the di�tribution, location and extent of the scres of land devotad to each category of land use proposed a� part of the Ceneral Plan of Development. Sucb uae� may include aingle family residential, mized typea ot reaidential; neighborhood retail shopping facilitiea, community retail shopping tacilitiea, regional retail ahopping facilitie�, oflice facilitie�; service facilitiea; vhole�ale or goods distriDution tacilitie�; general type� of induatrial facilities; education, religioua, recreation, open apace. public and �emi-private facilitie�; or other categorie� of puDlic or private use� of land aa allowed in any district in the City. Said component shall also contain a de�cription atatement of oDJectivea; principles and �tandard� used tor it� formulation. 2. Circulation Cowponent. A Circulation Coaponent shall conaiat ot a map or map�� setting forth tQe general loeation and extent of all transportation tacilities propo�ed as part of the Ceneral Plan of Development. Suc6 tacilitiea shall include ma�or and local tboroughtare�� Lranaportation coutes� terminsla� beliport�� and the delineation of auch system� on the land; one-xay atreet system; grade separations, divided road�; left-turn lane�; pedestrian aad bicycle patha and �uch other matters as may be related to the provisioa tor tAe circulation of tra!'fie MSLblp the planned community related to the Land Bae Component. Said ClrculatioA Component ahall inelude a deaignation ot proposed streeL xidth�. Said Cemponent shall al so contain a deacription atatement ot obJectives; principlea and standards u�ed tor its formulatioa. POD DI3?RIC? AFT,OL�TIONB PORPOSB PROCEDDRB FOR ESTABLISHING � 205-116 PUD DISTRI� 3. PoDulation Caaponent. A Popu2atioa Component ahall contaie a de�criptive statement o! the atandard� of population density and building intensity for the various proposed land uaes, including eatimate of future population characLeri�tic� and cbange� within the planned community correlated vitd the other Component� of tbe General plan of Development. The aupporting data shall include, Dut not ba limited to, dwe211ng (hou�iag) units �er acre tor the various re�idential uaea propoaed� and square footage by t�pe for the variou� oftices and retail facilitiea iacluding aufficient data to calculate traffic gerteration� parking requirements� xater con�umption, sewage needs and the necessary capacity of related utilitie� and services traditionally rendered Dy public or private organization� for a population of such size a� is projected for the completed planned development. �. Subdi�iaion Design Cc�ponent. A Subdivision De�ign Cemponent ahall eontain a de�criptive atatement of the principle� governing the propoaed subdiviaion of Iand including lot design for variou� proposed land uae�. g. Services And Facilities Ca�ponent. A Servicea and Facilitie� Ceaponent shall eontain a map or maps setting forth the general Iocation and extent of any and all existing and DroDo�ed ay�tems for �er+age, dome�tic r+ater �upply and distriDution� retuae disposal� drainage� local utilities and rights-of-way, easements� facilitie� and appurtenances necessary therefore. Said component shall a2�o conLain a descriptive atatement setting forth objective�� principle� and atandard� u�ed for its formulation� s� well aa a detailed �tatement describing the proposed ownership� method ot operaiion and maintenance of each �uch serviee and facilit�. 6. Construetion Order Cv�ponent. A Conatruction Order Component shall contain a map or maps aetting f orLD the propoaed chronelogical order of conatruction relating each proposee use and �tructure to the conatruction ot the various �ervices and facilitiea as may be required herein or aa part ot the Ceneral Plan for Deve2opment. Said Component �hall include estimated completion dates and �hall �pecify the proposed order of reque�t tor utility release or other authority to occupy completed atructures ao as to provide a basis for determin3ng the adequacy of the related �ervices and facilities for each separate construction phaae. 7. Additional Cc�ponents. The Cenera2 plan ot Development may include any additional componeata including, but not limited to, an economie feaaibility atudy or an economic benefits analysis if either of such is considered necessary by the applicant or required by the Planning Commission or City Council for the physical development of the project or to aid in evaluaLing th e impa�t and effect on other existing or propoaed tacilities and aervice� of Liee City; a Recreatioa Component; Social Services Canponent; Public Buildings ComDonent providing con�ideration for administrative and publie aafetr quarters; and any others required depending upon the nature ot tD e particular propo�ed development. 205-117 8. NaDs lnd Reports. The Ceneral Plan of Development �hall include aupporting map� drawn to �cale, diagram�, charta, descriDtiona. report� and an explanation of methods utilized in its formulations. 205.193 AD�P?IOif OF PLAI�NED ONIT DEVELOPI�N? 1. Metbod Of AdoDtion Of The General Plan Ot De�elopmeat. A. The method ot adoption of the General Plan of Development for a PUD shall follow the same process as an amendment to the Zoning Code as outlined in Section 205.053• H. puDlic notification of the hearing on the General Plan of Development ahall be incorporated into the notice of propoaed PUD amendment a� required in this chapter. Specific mention of any proposed modifications or amendment of any other ordidance of thi� community or section of this chapter �hall De included in said notice. 2. Detailed Site Plan�. Prior to the issuance of a Duilding permit or other of ticial evidence of authority for use of the area covered Dy the Ceneral Plan of Development� three (3) complete and detailed �ite plan� for each pha�e or portion thereof for xhich building permit� are requeated ahall be aubmitted to the City. Each aite plan shall include refinements of all pertine�t data required as part of the Ceneral Plan of Development� including� Dut not limited Lo: A. A locational map relating the �ite plan to the General Plan of Development. B. Placement of all atructures. C. Identification of the use of each atructure and reference to the supplementary data pertinent to each use and contained xithin the Relative Component of the General Plan ot Development along with appropriate additional data. D. Provision for off-street parking� vehicle �torage� internal and external circulation and reference to supplementary traftic data. E. The extent and type of land�caping identified by scientific or common name and �ize, method and quantity of �uch at time ot planting. F. The type and placement of advertiaing or directional aign�, other than atreet name signs and aigns contained within commercial or indu�trial aite�. Stop aigna vill De required at the pointa where private drivexaya or roadway� intersect witb publie streeta. G. The type and location ot fire-fighting facilitiea. H. A topographic map. PUD DISTRICT IIDOP?ION 0! PLAliNED ONIr DSOELOPtff1iT 205-118 ❑ I. Nature and extent of cut and till. J. Lot size and dimensions. 1C. Plans and specification� for the improvement ot aLreet�� highways and alleyss L. Plana and apecifications for facilltie� for drainage of lots, i! any� and the sitea� streeta� highway� and alley�, incluaing provi�ion ot �torm drainage, culverta� Dridge� and appurtenant structure�. N. Plans and �pecitication� for distribution and aervice lines for domestic water supply to each lot� it any, or Duilding �ite; wella or other source ot supply� reservoirs and pumping atation�; and if a Qrivate facility� a proposed agreement Witb the City to asaure continued operation and maintenance to, or aDove, the minimum City standard. N. Plans and �pecifications for aewage facilities� including main and �econdary collection line� and �tub-off� from the aecondary collection linea to the property line of each potential lot, if any� or building site. 0. The type� placement and numDer of �street name sign� and traffic aafety �igns. p. The type� placement and numDer of street� highway and alley lighting devicea. Q. Barricadea and other safety devicea. R. The type of fencing along ar�y lot or aite aDutting a river� creek� open storm drain, lake or other pody of water or channel and ita appurtenant xorks. S. The type and location of fences, valks or hedge� used a� fences throughout the planned community. ?. The height of all atructures. 3• �DDroval Of Site Plaaa. A. It ahall De the responsibility of the Zoning Administrator to ensure that detailed site plans are in conformity to the approved Ceneral Plan of Developmeat� approved chronological order o! construction and in conformance witb the provision of all ordinances of the City and the special regulations aa may have Deen set by the adoption of the General Plan of Development. B. To assure compliance ot outside Improvement� as �pecified uader the Ceneral Plan, a Dond or letter of credit ahall be given to tbe City in the amount as determined by the City. 205-119 PUD OISTRICT �. Effect Of Coadition� On Conveyed Lota Or Building 31te�. p� DISTltICT Ia the event any real property in the adopted General Plan of Developme nt la conveyed in total or in part after adoption of �aid Ceneral Plan of Development� a� long a� the property remaina zoned POD� t6e buyers thereof shall be bound Dy tbe provisions ot this Di�trict and the adopted General Plan ot Development. However� nothing herein �hall be construed to create noncon!'orming lota� building �ite�, Duilding or u�es by virtue of any auch conveyance of lot� Duilding aite�, Duilding or part of the development created in contormance with aaid Plan. SuD�equent �tructural addition� or alteration� may De made provided the provi�ion� of this Di�trict and other ordinance� are adhered to, to the extent that said ordinances may apply. 5. Recreatioa Dae Area� And Buildings. In the event certain land areas and Duilding� are provided within the planned unit development for private recreational u�e� the owner of such land and Duildings shall enter into an agreement with the City to a�aure the continued operatioa and maintenance to a predetermined atandard. 6. IIsa� Peraitted. Unles� othenrise prohibited by lav witDin the City� any use of land or buildings which i� clearly designated Dy type or category on tha approved and adopted General Plan of Development and �ubsequently approved aite plan�, �hall be permitted Dy thi� District. T. Interpretation Of Diatrict Provi�ion�. A. whenever a queation arise� concerning the interpretation of any section of thia district, it shall be tbe duty of tbe Planning Commi�aion to a�certain all facts concerning �aid que�tion� and forward all data and a recommendation Lo the City Council tor a determination. B. I!� vithin three (3) yeara from the time of di�trict approval Dy the City, there is no development or sction of development, the property will revert to the zoning diatrict in effect prior to thia action, unleas an extension is granted by the City Council. � 205-120 205.20 SPECI�I. DI3TRICS3 205. 201 I1i0l2 A apecial di�trict i� a zoning diatrict to the extent that the land so approved would be de�ignated on t6e zoning map as a apecial diatriet through �pecitic regulation changes necessary to protect the health snd general welfare of the public xithin tbe de�ignated district. A apecial di�trict� when designated, �hall De elas�ified by numerical order a� it is estaDliahed. 205.202 PROCEDURE FOR FSTIlBLISHI�NT OP l SPECIAL DI3TRICT The procedure for the eatabli�hnent of a�pecial district shall follow the amendment procedure aa laid out in Section 2Q5•053 of thi� code� and shall clearly lay ouL the purpose for amendment and the diatrict Doundarie�. 205•21 S-1 HTDB PLRg NEIGF�ORSOOD DI3TAIC? RFT,IILlTIOAS 205.2� 1 Tins Thia aection �hall De referred to as the "Hyde Park Neighborhood District" in short form. 205.212 PORPOSE The purpose ot thia apecial zoning district ia to: 1. Change the pre�ent "legal� nonconf orming use" �tatus of tbe reaidential dwelling� in the neighborhood to i"conforming use* atatua. 2. Re-estahlish residential character in the neighDorhood. 3• Protect the property right� of all pre�ent landoxnera a� much aa possiDle, while promoting the general development of the neighDorhood. 4. EstaDliah a zoning system for the neighborhood that will encouraga residential investment and developmeat in Ayde Park. 205•213 DISTRIC? BOONDIRIES The Ryde Park Neighborhood shall cempriae Lots 16-30, Bloek 5; snd all of Blocka 6, T• 8, 9, 10 and 11; Lota 16-30. Block 12; Lot� 16-30, Hlock 21; and all of Blocks 22, 23• 24, 25, 26 and 27; and Lots 6-10� Block 28 ot Hyde park Addition; Lota 1-13� 81ock 2; Lots 3-0� Hlock 8, and all ot Block 1, City 9iew Addition in tDe City of Fridle�. SPSCItL DISTRIC?S m�r PROCEDORS FOR FS?IIBLISRl�N' 3-1 A?DB PAltl� AI3iRIC RDGOLATIOli3 PIJRPOSE DISTRIC? B W HDIiiIES 205-121 205.21� OSP3 PERl�ITTED 1. principal IIsea. The tollawing are principal uses ia the S-1 District: One-family drrellit�ga. 2. Acceasor� Qses. A. Only one (1) acees�ory building in exceaa of 2�0 sQuare teet is a2lawed per site. One (1) additional acce�sory building is alloxed provided it does not exceed 240 �quare feet. B. Ar�r acces�ory building 1n ezces� of the above requireaent� (aquare footage or number ot Du32dinga) requires a Special O�e Permit. C. Al1 accea�ory buildings muat be permanentl� attached to a foundation and may not De used for home occupations. All garages whether attached to� tucked under or detached from the main dwelling are considered to be an acce�sory buildirig. D. The following are acce��ory uses in the S-1 Distriet: (1) Private garages or other accesaory buildinga. (2) Privately owned recreational facilitiea, such as awimming pool�� tennis court�� ahich are for the en�oyment and convenience of tha residenL� of the principal use and their guests. t3) Home occupations including rental ot rooms f or occupancy to not more than two persons per dwelling unit. g. E�cisting Cses. A. All existing use� xill be cla�sified a� Dermitted u�ea within the zoning district on the present property vhich they occupy. 8. For exi�ting uaea other than one family dwellinga� in the event that the main �tructure is either daaaged or destroyed, tbe exiating use will be allowed to rebuild but shall not exceed the size or aet0ack� of the existing structurea. Alterationa may be made xhen they improve the atructure� provided they xill not increase the number of dwelling units or the Dulk of the buildit�g. C. Existing one family dwelling� that do not conform to Lt�e conditions of thi� chapter will De allared to continue as a permitted u�e. In the event that the main �tructure is eitber damaged or de�troyed� the exi�ting u�e xill De allorred to rebuild to the setbacka of the exi�ting Duilding or to the alloxed setbacka of the z one. Alterations and additions vill De allowed when they improve the �tructure� provided they meet the required set0acks as �tated in this chapter. 205-122 S-1 DZ STRI C!' OSES PEAHITT6D �. Qaes Ezcluded. The following are excluded uae� in tbe S-1 District: �. Radio or televiaion antennas ezceeding a beight of tventy (20) teet aDove tbe dwelling roof. - B. Mq use aot apecifically permitted in the preceeding paragrspha o! this section. 205•215 LOT REQDIREMENTS AND SETB�CS3 7ard�, lot �izes and open apacea shall be aa required in this section for one family dxellings in the Hyde Park Special Zoning District. 1. Lot Mes. A lot area ot not les� than 7,500 sQuare feet ia required. 2. Lot itidtti. A. The xidth ot a lot ahall not be lesa than aixty (60) feet at the required setDack. • B. t�thera a parcel of land is le�� than sixty (60) teet in width� but not les� than fifty (50) t'eet in width and comprise� one or more full aized lota or part� thereot, on a aubdivi�ion or plat recorded before December 29, 1955, ar►d the miaimum kidth of a lot as originally made ia less than aixty (60) feet� and it 1� no longer practical to require a greater width, the minimum required lot can be lowered to allow a building on thi� parcel with the aide yard requirement� reduced to a five (5) foot minimum on each side �ubject Lo the folloxing conditions: (1) The di�tance Detveen any attached garages or other accesaory buildings is at least ten (10) feet. (2) The distance between any Duilding and the living ares in en ad�acent building is at least tifteen (15) feet. (3� The distance DetKeen the living areas in any two (2) ad�acent Duilding� is at leaat twenty (20) feet. 3. Lot Coverage: Hot more than twenty-five percent (25x) of the area of a lot �hall be covered Dy the main Duilding and all accessory Duildinga. �. Set�acks: ♦. Froni Zard: A front yard vith a deptb of not leaa tDaa thirtq-five (35) feet is reQuired. S-1 DISTRSCT LO? RDQD I R Et�NT3 AAD SETHACIC3 205-123 B. Side ?ard: hro (2) aide yards are required. eacb �ith • xidth of not lea� tban ten ( t0) feet� except a� follars: (1) Where a hou�e is Duilt without an attached garage� a minimus aide yard reqairement �hall be ten (10) feet on one side� and thirteen (13) feet on tbe other aide� ao that there is acces� to the rear yard for a detached garage and off-�treet parking area. (2? Nhere a bouse ia Duilt xith an attached garage� the aide �ard adjoining the attached garage or accessory building may De reduced to not les� Lhan five (5) feet, yrovided the height of the garage or acceasory Duilding on that �ide la not more than f itteen (t5) teet. C. Corner Lota: (1) The aide yard width oa a street aide of a corner lot shall be t�ot les� than seventeen and one-half (f7.5) fett. Mhen the lot to the rear has frontage along a side �treet� no acce�sory Duildin6 on the corner lot within Lventy-!!ve (25) feet of the commoa property line �hall be clo�er to aaid �ide street than tbirty (30) teet; provided hoxever� that this regulation shall not De interpreted as to reduce the DuildaDle width of a corner lot to Ie�� than twenty-five (25? teeL. (2) ArLy attached or unaitached acces�ory Duilding which open� on the aide street� ahall be at least twenty-five (25) feet trom the property line on a side street. D. Rear Yard: A rear yard with a depth of not les� than twenty-five percent (25i) ot the lot depth is required� with not less tdan tventy-five (25) teet permitted or more than forty (40) feet required irom the main building. 205.216 BOILDLiG REQ�IREMENTS HeigDt. No building shall hereafter be erected, con�tructed� reconatructed� altered. enlarged or moved,.so as to exceed the building beight limit of thirty (30) feet. 205.217 PHRFORHAHCB STABDiRDS: 1. YarYing Requireseata. A. At least one (1) oft-�treet parking stall shall De provided !or each dwelling unit. 205-124 S-1 DISTRICT BO II.DIRG REQOIAEHEHTS PERFORHA]ICB S?1ADtRAg 8. Ho parking �tall �hall De located in any �ortioA ot the froat yard, ezcept on a drivevay or bardaurtaced parking �pace� approved D� the Cit�. and �et back a minimum of three (3) feet irom the side proDerty line, except a� agreed to Dy adjacent property oxnera. C. A garage shall satlsfy the off-�treet parking �tall require�ent. D. Al1 drivewaya and parking atalls �hall De �urfaced with Dlacktop, concrete or other hard �urface material approved by the Cit�. 2. Esterior Storige. A. Hothing shall De stored in tbe tront yard. B. All materials �hall be kept in a Ouilding or shall De full� screened� so as not to be visible fram any publlc right of xay except tor �tacked fire�►ood, boat� and trallers placed in the aide yard. C. The City �hall require a Special Ose Permit !or any open exterior �torage of materials except tor B above. 3. Retu�e. All waste material�, refu�e or garbage ahall be contained in closed contalner� a� required under the chapter entitled "Waste Di�po�al " of the fridley City Code. �. Drainage Md Crade Requiremeata. A finished ground grade ahall be estaDli�hed such that natural drainage away from all Duilding� ia provided. The follawing minimum criteria ahall apply; A. The minimum elevation of tinished grade ahall aot be le�� than one tourth (1!4) inch riae per horizontal foot of aetback measured from curb grade. 8. The City may specify a minimum tiniahed ground grade for any structures in order to allox proper drainage and connection to City utilitiea. 5. Land�capiag. A. Sodding and landscaping shall extend acre�a th e entire f ront yard and side yard� including the boulevard. 8. All other open area of any �ite, ezcept for areaa used tor parking� drivexaya or �torage, shall De sodded, seeded or have vegetative cover. C. All uee� shall provide Water facilitie� to yard srea� for maintenanee of land�caping. D. It shall be the owner'a responaibility to see that all landscaping !a maintained in an attractive and well kept condition. In caae any tree� or ahrubs �hall die, tbe oxner ahall reDlace them with a liks i S-1 DISTRICT 205-125 S-1 DI5TRICT apeciea. Ar�y dead or damaged aod ahall be replaced. E. All vacant lot�� tracts or parcels aba21 be Droperly �aintsined in an orderly manner tree of litter and juNc. 6. Naintenanc�. It shall be the respon�ibility of the property owner to ensure that: A. Every ezterior vall� foundation and roof of any building or atructure shall be reasonably Watertight, xeatheriight and rodentproof and �hall De kept ia a good state of maintenance and repair. Exterioe valls �hall be maintained free from extensive dilapidation due to crack�, tears or breaks from deteriorated pla�ter� atucco� brtck� �+ood or other material that give� evidence of long negleet. B. The protective aurface on exterior walls of a building �hall De maintained in good repair and provtde a sufficient covering and protection of the �tructural �urface againat ita deterioratioA. Without limiting the generality of thi� section, a protective �urf ace of a building shall be deemed to be out of repair it: (i) Hore than twenty-five percent (25f) of the area of any plane or wa11 on xhich the protective aurfaee i� paint ia bliatered� cracked. flaked� acaled or ehalked away� or (2) Hore than twenty-five percent (25f) of the pointing ofaey Drick or atone xall i� loose or has fallen out. C. Every yard and all atructures, wall�� fencea, xalks� stepa� driveway�� landacaping and other exterior developments ahall be maintained in an attractive� well kept condiLion. D. The boulevard area of a Dremisea shall �e properly maintained� groomed and cared for by the abutting property owner. E. The cleaning of the walkxay or sidewalk ahall be the abutting property oxner`s responsibility. My ice or snow accumulations of two (2) or more inche� ahall be removed xithin Lrrenty tour (2q) houra ot Lhe atorm'� completion. T. Easential Services. A. Connection is required on each lot served Dy City aanitary sewer. 8. Connection i� required on each lot served Dy a City water line. 205-126 205.22 3-2 ItEDg9ELOPl�i? DI3?BICT RP�OLlTI013 Zos.2zt poaposa ?6e purpo�e ot t6ia apecial zoning district ia to: 1. Allow tor tbe mized u�e development witbin apecial redevelopmeat diatrlcts set up under Chapter �62 0! Minneaota State Statutes !or the bealth, safety and general xelfare ot tbe Cit�. 2. lllov for masimum tleziDilit� ia tDe promotion of ditticult redevelopment pro�ects. 3• Allaw tor development by s plan xbich ia acceptaDle�to, and in tDe De�t intere�t ot� t6e City and the overall di�trict and development Dlaa. 205•222 DSF.4 PERlQT?BD Permitted uaes in S-2 District� are: Those use� vhich are acceptable to the overall redevelopment plan and specitie development plans a� approved by the City. IIpon approval of tDe �pecific development plan�, the City ahall determine the specific usea that are permitted xithin the development. 205.223 OSP3 EZCLODBD E:cluded u�es in S-2 Districts ars: Tho�e u�e� unacceDtaDle to the overall redevelopment plan and apeeitio development plana aa determined Dy the Cit�. 205.22A OSF.4 ALLf1YID lF?ER PLM DE9ELOPl�i! Oae� allowed in each individual buildi�g after con�truction will be the �ame aa or aimilar to those u�ea approved !a Section 205•222 above. 205.225 P80CB3S FOR •PPBOPAL 1. Plana for each individual project or com bination of project� must be submitted to the Planning Cac�mission tor review and recommendation to the City Council. The City Council �ball bave tinal authority to approve all project plan�. 2. project plan� �ubmitted to the Planning Commia�ion and City Council ehall include the tollwing as a miriim�: l. Site plans ahowing location of Duilding�� off-atreet parlcing, �treet and utility locationa, auto and pedestrian access to and frov the pro�ect, ar�r modification needed to ezi�ting �ervieea� grading . _---� 3-2 REDBR ELOPl�JI' DIS2RIC! RECOL�TIOAS PORPOSg OSS3 PBRMIi?ED IISE3 E2CLODBD , 20 5-127 plan�� atorm vater plans, building exterior finisD� 2lghting aad signing and landscape plan�. B. iiritten City statt review on project compatiDility to tAe overall redevelopment plan. C. A vritten HRA report on project plan approval and considerations. 3. A�y auDstantial moditication to the plan mu�t De suDmitted tbrough th• Planning Cammiasion and approved Dy tbe City Council. 205.226 PERPORHA9CE STAADIRD3 All performance standarda for usea in thi� district �hall De comparable to other similar uses that are allowed in other diatricLa. 205-128 PERFORMA1iCB STAI�DARDS 205.23 OqERLAT DISTRIC?3 205.231 PURPOSE ABD IHTEI�IT It is the purpose and intent of this �ection to establish special controla for the protection of life and property and to prevent and mitigate damage to unique and valuable resources within the City. An overlay district shall overlay all other zoning districts within prescribed boundaries and shall place on those zones, apecial conditions in addition to the z oning regulations of the zones affected. 205.232 CLASSIFICATION All overlay district� shall be classified aa an "0" District with special numerical suffix xhich vill differentiate between district�. 205.233 PROCEDORE FOR FSTABLISHI�NT OF A1� O�VERLAY DISTRICT M overlay district !a a zoning district to the extent that the land so approved rrould be designated on the zoning map a� an overlay district through specific regulation changes necessary to protect th e health and general welfare of the public within the designated district. An overlay district, when designated, shall be classified Dy numerical order a� it i� established. 205.2q 0-1 - CBEER AND RI9ER PRESERiiATIOA DISTRICT Rix;IILATIONS 205.2�{1 PURPOSE AAD IHTENT The purpose of this district ia to: 1. Regulate and ensure orderly development of Fridley•s flood plain land�. 2. Preserve and protect the natural state of creeks and rivers in Fridley. 3• Protect surface ar�d ground water quality and quantity. 4. Ninimize the losses due Lo periodic flooding and eliminate obstructions of flood flox that would cause hazards to life and property. 205.2#2 LAI�iDS SQBJECT TO THIS DI3TRIC? 1. Establi�hment Of Bouadaries. The boundaries of the Creek and River Preservation District are hereby established aa shoWn on the officia� zoning map of the City of Fridley. This boundarq is made up of two protection zones (CRP-1 "floodway" and CRP-2 "flood fringe") which contain all lands vithin the jurisdiction ot WERLAT DISTRICTS PORPOSE A1fD DITEMT CLASSIFICATIO PItOCEDQRE FO ESTABLISf�liEl�i OP A!i OiVERLA DISTRICT 0-1 CREER AND RIOER PRESEROATION RDGOL�TIO�iS L11�DS SQBJEC' TO 1�I3 DISTRICT 205-129 the City which are subject to periodic tlooding by the regional flood and which lie below the regulatory flood protectlon elevation on the Official Creek and Aiver Profile (hereinafter called tbe Profile) contained within the Flood Insurance Study for the Cify of Fridley. The Official Zoning Map together with all materials attached thereto is hereby adopted by reference and declared to be a part of thi� chapter. The attached material sha12 include the Flood Insurance Study for the City of Fridley prepared by the Federal Insurance Administration dated September 2, 1980 and the Flood Boundary and Floodway Maps and Flood Inaurance Rate Maps therein. 2. Location Of Boundaries. The elevations as shor+n on the Flood Profile and other available technical data contained in the Flood Insurance Study shall be the governing f actor in locating creek and river protection boundar3es. 205.243 DEFIHITIO�iS For the purpose of this district the folloxing definitions shall apply: 1. Acce�sory Building. A subordinate building or use which is located on the same lot on which the main building or use ia situated and xhich is reasonably necessary and ineidental to the conduct of the primary use of such building or main use. 2. Channel. A natural or artificial depression of perceptible extent� wlth definite beds and banks to confine and conduct either continuously or periodically Lhe water in respective creeks. 3. Commiaaion. Means Fridley Planning Cammission. 4. Commissioner. Means the Commission of the Department of Natural Resources of the State of Minnesota. 5. Council. Means the Fridley City Council. 6. CRP-1. Creek and River Protection Zone 1. This zone is synonomous wlth Lhe term "floodxay". 7. CRP-2. Creek and River Protection Zone 2. This zone ia synonomou� xith the term "flood fringe". 8. Equal Degree Of Encroachment. A method oP determining the location of floodway boundaries so that flood plain land on Doth sides of a�tream are capable of conveying a proportionate share of flood f1oWS. 9• Flood Or Flooding. A temporary rise in Plow or stage that result� in inundation of the areas adjacent to the channel. 10. Flood Fringe. That portion of the flood plain outside of the floodway. Flood fringe is synonomous rrith the term "f2oodway fringe * uaed in the Flood Insurance Study for the City of Fridley. 11. Flood Plain. The areas adjoining a watercourse Which have been or hereafter may be covered by regional flood. 205-130 DEFIAITIONS 17. Flood Protile. A graph or longitudinal plot of water aurface elevations ot a flood event along a creek or a river. 13. Flood Proofing. A combination of provisiona� changes or adjustment� to properties and struetures subject to flooding primarily for the reduction or elimination ot flood damage. 1#. Floodxay. The channel of the watercourse and those portions of the adjoining flood plains xhich are reasonably required to carry and discharge the regional flood. 15. Ob�truction. Any storage oP material or equipment� dam, wall, wharf� embanl�ent� levee� road, dike� pile, abutment, projeetion, excavation� channel rectification, culvert, building, xire� fence� stockpile, refuae. fill, deposit, clearing of trees or vegetation or structure or matter in� along, across or pro�ecting, in whole or in part� into any flood plain. 16. Pre�ervation District. River and Creek Preservation District. The District boundaries shall be contiguous With the regional flood Doundaries lndentified as a part cf the Flood Insurance Study for the City of Fridley. 17. Protile. Official Creek and River Profile. 18. Regulatory Flood Protection Datus. A poi nt of not lesa than one (t) foot above the regional flood (100 year flood) level. 19. Regional Flood. A flood which i� representative of large floods kno►rn to have occurred generally in Minnesota and reasonaDly characteristie of what can be expected to occur on an average frequency in the magnitude of the 100 year recurrence interval. Regional flood is synonomou� with the term "base flood" used in the Flood Insurance Study. 20. Structure. Anything that ia Duilt or constructed� an ediPice or building of any kind, or any piece of work artificially built up or composed of parts Joined together in some definite manner, xhether of a temporary or permanent character. 21. IInnumbered A-Zone. A special tlood hazard area inundated by the 100-year tlood� determined by approximate method�; no base flood elevations are shown or flood hazard factor determined by the Flood Insurance Study for the City of Fridley. 205•244 DISTRIC? DSES� PERMITS A1fD STAADARDS 1. District IIse. The intent of this section is to provide a supplementary overlay distriet Which is made up of two protection zones; CRP-1 and CRP-2 vithin any of the existing original zoning districts. Development of this district will fo2lar the requirements of the original zoning district in addition to tha requirements of this section. DI3TRICT USES, PERMI?• Al�D STAI�tDIIRD. 205-131 2. Persitted IIsea In CRP-1 Zone (Floodwa�). A. No structure or any portion thereot shall be constructed or placed within protection zone CRP-1 of the Preservation District. Nor shall there be any grading, filling or excavating of land or any land use established on any property within this zone witb the following exceptions: (t) Any use having a lox flood damage potential including recreational uses� parking lot�, residential qard�� loading areas, storage yards� Water control structures and other open space uses. (2) Structures accessory to the above use may be permitted if: (a) Structures are not for human habitation. (b) Structures have a law flood damage potential. (c) Structures are firmly anchored to prevent floatation. (d) Accessory buildings are flood proofed in accordance with the State Building Code. B. All structures� grading� filling and excavating permitted in this section� With the exception of public uses, 'require a Special Uae Permit. C. Any removal of existing trees over three (3) inches in diameter shall require City approval. D. No structure (temporary or permanent)� fill (including f ill for roads and levees)� deposit, obstruction� storage of materi al� or equipment� or other uses may be allawed as a Special Use which� acting alone or in combination with existing or reasonaDly anticipated f uture uses� adversely affects the capacity of the floodway or increases flood heights. 3. Public Utilities, Railroada� Roads And Bridges. A. Public Utilities: All public utilities and facilitiea� �uch as gas, electrical� sewer and Water supply systems to be located in the flood plaln shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation. B. Public Transportation Facilities: Railroad tracks, roads and bridges to be located within the Floodxay District shall comply �rith the sections of this chapter. Elevation to the Regulatory Flood Protection Elevation shall be provided where failure or interruption of these transportation facilitiea would result in danger to the public health or satety or where auch facilities are essential to the orderly functioning oP the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not enclanger the public health or safety. 205-132 #. Persitted Osea In CBP-2 Zone (Flood Friags). No building or structure or any portion thereof, shall be placed vithin protection zone CRP-2 of the Preservation District, unle�a a Special Oae Permit is granted. Nor shall there be any grading� filling or excavating ot land or any land use establi�hed on any propertq withia the Preservation District unles� a Special Use Permit is granted. A Speelal O�e Permit sha11 be vithin the CRP-2 zone ia accordance with the folloxing regulations: A. No Special Use Permit shall be authorized Which would result 14 incompatiDle land uses or which would be detrimental to the protection of surface and ground water aupplies. B. No Special Ose Permit shall be authorized tor structures rrhich will increase the financial burdens imposed on the community and its individuals through increasing floods and overflow of �ater onto lan8 areas adjacent to the creeks and rivers. C. No Special Use Permit shall De issued unles� the proposal is in keeping with land use plans and planning objective� for the City of Fridley and which will not increase or cause danger to life or property. D. No Special inconsistent incompatible vegetation. Use Permit shall be fssued in those case� which are with the objective� and encourage land use that is with the preservation of the natural land forma and E. No Special Use Permit sball be iasued for any fill unle�a �hoxn to have aome beneficial purpose to the property and the amount thereof must not exceed that necessary to achieve the intended purpoae� as demonstrated by a plan submitted Dy the owner �howing the usea to xhich the filled land will be put, the kind ot fill, and the tinal dimensions of the proposed fill or other materials. Such fill shall be protected against erosion by rip-rap, vegetative cover or bulkheading if deemed necessary. F. No Special Ose Permit ahall be i�aued for garbage or waste disposal sites or systems. G. No Special Use Permit shall be issued unless the applicant� iu support of the application� submits engineering data, site plans and other plans and informatian as the City may require, in order to determine the regulatory flood protection elevation in unnumbered A zones, and the effects of such development on the bed� bank, channel� floodxay or flood plain in the Preservation Distriet. The applicant shall submit four copies of the application and the information. H. No Special Qse Permit shall be iasued unless the proposed use or obstruction has been reviewed by all governmental bodie� having jurisdiction over auch use or obstruction, it said reviex is required by statute�, ordinances� rules or regulations applicable to �uch governmental bodies and to such use or obstruction, but in all cases 205-133 the City of Fridley xill make the final determination. 205.2�5 ADDITIONAL RF.4TRIC?IONS In addition to the requirement� set out section, ar�y Special IIse Permit issued zone ahall meet the tolloWing provisions: 1. Structures. in Section 205•244� i4 of this Por an obsiruction in the CRP-2 Structures for habitation constructed on fill shall be constructed on f ill so the basement floor or first flaor, it Lhere is no basement, i� above the regulatory flood protection elevation with the fill at that elevation at least fitteen (15) feet beyond the 1lmits ot any structurc or building erecLed thereon. Where existing streets or utilities are at elevationa which make compliance with the foregoing sentence impractical, or in other special circumstances, the Planning Commission may authorize other techniques of elevating the first floor (including basements) above the Regulatory Flood Protection Elevation under the Special IIse Permit, that conform xith the flood-proofing requirements of the State Bailding Code. 2. Other Oaes. Accessory land uses, such as accessory building�, yards and parking lots may be at elevations lower than the regulatory flood protection elevation if a Spec3al Use Permlt is tirai granted pursuant to this district. Accessory structures must comply r+ith Section 205•244� 2A� (2) (a-d) of thi� district. 3. Storage. Ar�y storage or processing of materials that in time of flooding may be buoyant� flammable, explosive or could be injurious to human, animal or plant life is prohibited. �. Nonresidential Structures. Commercial� manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor (including Dasement) i� aDove the Regulatory Flood Protection Elevation but may in special circumstance� be flood proofed in accordance with the State Building Code. Structures that are not�elevated to aDove the Regulatory Flood Protection Elevation shall be flood-proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. 5. Residential IIses: Residencea that do not have vehicular acces' at or above an elevation not more Lhan two feet belar the Regulatory Flood Protection Elevation ahall not De per�itted unless granted a Yariance by the City. In granting a Variance the City shall specify limitations on the period of use or occupancy of the residence. 205-134 ADDi?IONAL RESTRICTIONS 6. Commercial Qae: Accessory land use�, such as yard�, railroad tracks and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However� a permit for sucb tacilities to be used Dy the employeea or tbe general public ahall noL be granted in the absence ot a tlood warning system that provides adequate time for evacuation it the area would inundate to a depth greater than txo (2) teet or be subject to flood velocitiea greater than four (q} feet per second upon occurrence ot the regional flood. T• Nanufacturing Md Industrial Dse�. Mea�ures shall be taken to minimize interference witA norIDal plant operations especially along creeks having protracted flood durationa. Certain accessory land use� such aa yards and parking lots may be aL lower elevations su��ect to requirements set out above. In considering permit applicationa, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 205.2q6 ADMIliI.4TRATI011 1. The City shall ada�inister and enforce these district regulations and shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in th e flood plain districta. The City shall also maintain a record oP the elevations to which structures are flood Droofed. 2. Special IIse Persit. A Special Uae Permit ahall be applied for construction, erectlon, addition or alteratio or partly in the Preservation District. 3• Applicatioa For Perait. and obtained prior to the n of any obstruction wholly A. Application for Special Use Permits under this district ahall be made by the oWner or owners of the land in duplicate to the City on forms furnished Dy the C1ty and shall be accompanied initially by the follawing information, date and plan� as is deemed necessary by the Zoning Administrator for determining compliance with this district and for determining the eftects ot the proposed activity in the Preservation District and the buildability oP the particular site for the proposed improvement, use or obstructioe. B. The City Council may attach such conditions to the granting of the Special Use Permit as it deems necessary to fulfill the purposes of the chapter. Such conditions may include but are not limited to� the roiiowin8: (t) ( 2) Hodification of waste dispo�al and xater supply facilities. Limitationa on period of use, occupancy and operation. (3� Impo�ition ot operational control�, sureties and deed restrictiorLS. AD!lLiI3TRATI01 1 205-135 (q) Requirementa for construction of channel moditications� dikea, Ievees and other protective mea�uras. (5) Flood-proofing measures, in accordanee witb the State Building Code. The applicant shall submit a plan or doeument certified Dy a registered professional engineer or architecL that the flood-proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. C. Plan� (surPace vieW) inclading a survey by a Hinnesota registered Iand surveyor, showing elevations or contours of the ground, pertinent obstruetion elevations� �ize, location and special arrangement of all proposed and existing obstructions on the site, in relation to existing and proposed obstruetions to the channel location, location and elevation ot streets� xater supply and sanitary facilitiea, photographs showing existing Iand uses and vegetation upstream and downstream and soil types shall be permitted. D. Specifications for building construction and material� tlood-proofing, filling� dredging, grading� channel improvement, storage of materials, xater supply (including withdrawal and discharge of ground and surface water) and sanitary facilities. 4. Issuance Of Pernits. The City shall ia�ue a Special Use Permit upon approval of the appllcatlon by the City Council. The applieant shall be required to submit certification by a registered profesaional engineer� registered architect or registered land surveyor that the finished fill and building elevations xere accomplished in compliance xith the provisions of thi� chapter. Flood proofing measures shall De certified by a registered profeasional engineer or registered architect. 5. Application Far Variance. Application for Yariances under this district shall be made by the owner or oWners of the land, in duplicate� to the City on forms furnished by the City. Yariances to the Creek and River Preservation District must only be for reasons of exceptional circumstances when the strict enf orcement of these regulations Would cau�e undue hardship and strict conformity xitD the standards would be unreasonable� impractical and not feasible under the circumstancea. Variances granted under this District must be consistent with the general purpose of these standards. A2though Yariances may be used to mod3fy permissible methods of flood protection, no Variance shall provide tor a lesser degree of flood proteetion than staLed in this district. _ 205.24T PWERS, DIITIES AltD TECHNICAL ASSISTAACS t. Povera Md Dutiea. The City sha21 hear all requests for Special Ose Permits and Variances under this district. Requests for Special Ose Permits and Variances shall be subject to Sectioa 205•�5� and 205.055 respectivelq, of the City Code. The City shall submit to the Caamissioner a copy of any application tor a Special IIse Permit or �fariance xhere a hearing 1� to be held to consider 205-136 such application. The Commissioner shall receive at lea�t ten (10) daya notice of the hearing. Such notice shall specity the time, place and aubject matter of the hearing and shall be accompanied by such supporting information a� i� necessary to indicate the nature and effect of the proposed use. A copy of all decisions granting a Special IIae Permit or Variance to tha provisions of the Creek and River Preservatfon District ahall be forwarded to the Ccmmissioner witbin ten (10) day� of aucb action. 2. Technical A�si�tance. The City may transmit the information received by it to Lhe appropriate Watershed District or the Commissioner for technical a�sistance to evaluate the proposed project in relation to Plood heights and velocitie�� tor determination ot the regulatory flood protection elevation xithin unnumbered A zones� and to determine seriousness of Plood damage to the use, the adequacy of the plans for protection, eompliance vith the provisions of this district and eom pliance with Statexide Standards and Criteria for Management of Flood Plain Areas of Minnesota (Ninnesota Regulations NR 85-93) and other technical matters. 205.2�i8 EZISTI9C NOHCOHFORHZ1iG IISES An obstruction or structure or the use of a structure or premises, which was lawful before adoption of this chapter� but which is not in conf ormity with the provisions of this district� may be continued sub�ect to the folloxing conditions. 1. No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty percent (50x) of its assessed value at the time of its Decoming a noncont'orming use, unless the entire structure is permanently changed to a conforming use or unles� the alteration or addition xould substantially reduce potential f lood damage� for the entire structure. 2. Ar�y alteration or addition to a nonconforming use xhich would result in aubstantially increasing the Plood damage potential ot that u�e shall be flood-proofed in accordance with the State Building Code. 3• IP such use of sueh obstructioa or structure or tha use of auch preIDises is discontinued for twelve (12j consecutive months, any subsequent use of the obstruction, atructure or premises shall eomply in all respects with the provisions of this district including, but not limited to. the obtaining ot' all required permita and Variances. �. If any nonconforming obstruction or structure is destroyed or damaged by any means� including floods to the extent that the co�t of repairing or restoring such destruction or dacaage would be fifty percent (50x) or more of its aasessed value, then it ahail not be recon�tructed except in tull compliance, in all respects, with tde provi�ions o! thia district, including, but not limited to, the obtaining of all required permita and Yarianees. 5. The Preservation District regulation� shall in no vay prohibit routi ne EXISTIAG NONCONFORMII� OSES 205-137 maintenance of existing propertie�. Routine maintenance ia considered to be the work property oxners could do previoua to the adoption of this district xithout first obtaining a building permit. 205. 24 9 SUBDI9I3IOli3 1. No Iand sha21 be subdivided Which ia held unsuitable Dy the City of Fridley tor reasor� of flooding, inadequate drainage� rrater �upply or sexage treatment tacilities. 2. All 2ot� within the flood plain district� shall contain a building aite at or above the Regulatory Flood Protection Elevation. 3. A22 �ubdivtsions shall have Water and seWage disposal facilities that comply with the provisions oP this chapter and have road accesa both to the subdivision and to the individual bnilding �ites no lower than two (2) feet below the Regulatory Flood Protection Elevation. 4. In the General Flood Plain Distriet� applicants shall provide the information required in the sections of this chapter. The City �hal� evaluate the subdivision in accordance With procedures established in this district. 205•2410 MOBILE HOt�S AIfD MOBILE HOt� P11R�.4 1. New mobile home parks and expansions to exiating mobile home parka shall be subject to the provisions placed on subdivisiona by the above section. 2. Mobile hoanes in existing mobile home parks that are located in flood plain districts are nonconf orming uses and may De replaced only if in compliance with the follawing eonditions: A. The mobile home lies in the Flood Fringe District. B. The mobile home is anchored with tiedoxns that comply with requirements of Minnesota Regulations Mobile Hame a50. C. The mobile home owner or renter is notified that the moDile home site lies in the flood plain and may be subject to tlooding. D. The mobile home park owner develops a tlood emergency plan consistent with the ttme available af ter a flood warning. The plan shall be filed with and approved by the City. 3. Zndividual mobile homes not located in mobile home parka may be permitted if alloWed by other applicable ordinances and it they comply With Lhe provisions of Section 205.244, �G of this chapter. 205.2411 P4BLIC NIIISANCB: PEN1lLTZ 1. Any person who violates any provisiona of this district or fails to comply with anq of its terms or requirements ahall be guilty ot a misdeamenor punishable Dy a fine of not more than �500 or imprisoned for not more than ninety (90) day�, or both, and in addition shall pay all cost� of prosecution and expe nses involved in the case. Each day such violation continues shall be considered a separate oPfense. 205-138 SUBDIYISIONS MOB�.E HOMES AIiD MOBII.E HOME PARlCS PQBLIC NUISANCE: PEpAL1? 2. Every obstruetion or u�e placed or maintained in ttie Preaervation District in violation oP this chapter is bereby declared to be a publie nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. 3• Nothing hereia contained shall prevenL the City from taking such other lawPul action as ia necessary to prevent, remedy or remove any violation. 205.2�12 ANENDI�ATS 1. The Preservation District elevations on the Profile may be changed by amendment to this district and such change �rhen made shall De shown on the protile. IP tuture conditions make it necessary to re-evaluate the district boundariea because of increased flooding potential which xould aPtect the health, safety and general welfare of the citizens� the elevation Will be corrected Dy the Council Dy amendment to this district. 2. All amendmenta shall De submitted to the appropriate Watershed Districts and the Cemmissioner and shall be approved Dy the Commissioner prior to adoption by the Council. 205.2413 LiTERPRETATI01i Zn interpreting and applying the provisions of thi� district, they �hall be held to be the minimum requirements Por the promotion of the public health� safety and general welfare. It is not the intention of this Preservation District Lo interfere with, abrogate or annul any covenant or other agreement Detween parties, nor the provisions ot any ordinance of the City; provided, hoWever, where this Preservation District impose� a greater restriction upon the use or improvement of any premise� than those imposed or required by other statutes, ordinances, rule�, regulations or permit� of the City, State or appropriate Hatershed District, or by covenants or agreement�, the proviaions of this Preservation District ahall govern. 205.2414 {iARNIHG AI�TD DI3CLAII�R OF LIAHII.I1? This ordinance does not imply that areas outside the Preservation District or land uses or obstructions permitted within the Preservation District will be free from flooding or flood damage�. This Preservation District shall not create liability on the part of the City or anq official or employee thereof� for any flood damages that result from reliance on this ordinance or any City action taken or administration or Council decision laxfully made hereunder. 205.25 OFFICIAI. TITLE AKD SUl�lAR? The Citq herebq approves for publication the Official Title and Summary ineorporated herein by reference a� Exhibit Z. Publication ot the Official Title and Summary shall clearly inform the public of the intent and ef tect of thi� Ordinance. The City Clerk ahall aes that a copq ef this entire AMENDMEKTS IIiTERPRETATI� 1 iiARNIAC AIiD DISCLAIt�R 0� LIAB II.I1T OFPICIAL TITLB A1�D SOl�+iART 205-139 Ordinance is tiled in the City Clerk's office and in the public library of the City ot Fridley, rrhich the Council bereby designates as locations at xhich a copy is available for inspection by any person during regular busine�s hours. FASSED AND ADOPTED BY THE CITY COUNCII. OF THE CITY OF FRIDLEY THZS DAY OF 19_.. WII.LIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK P>>hl i � NPari nA June 8� _ Ju_�e 15. July 13� i 9a1 First ReadinA: December 6. 1982 Second Reading: Publication: . 205-140 � .t` � \ � ; .y _ r r �t;p^ ��"'"� ',o��: �� , � , O-1 DISTRICT �. ' very obstruetion or use placed or maintained in the Preservation :'Dis rict in violation oP this ehapter is herebq declared to be a public 'nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judicial action. 3. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent, remedy or remove any violation. 205.2412 ANIE�iDMENT3 1. The Preservation District elevations on the Profile may be changed bq amendment to this district and such change When made shall be shown on the profile. IP future conditions make it necessary to re-evaluate the district boundaries because oP increased flooding potential which would affect the health, safety and general �elPare of the citizens, the elevation will be corrected by the Council by amendment to this distriet. 2. All amendments shall be submitted to the appropriate Watershed Districts and the Commissioner and shall be approved by the Commissioner prior to adoption by the Council. 205 . 2413 IIITERPRETATION In interpreting and applying the provisions of this district, they shall be held to be the minimum requirements for the promotion of the publie health, safety and general Welfare. It is not the intention oP this Preservation District to interfere with, abrogate or annul any covenant or other agreement betxeen parties, nor the provisions oP any ordinanee oP the City; provided, however, where this Preservation Distriet imposes a greater restrietion upon the use or improvement of any premises than those imposed or required by other statutes, ordinances, rules, regulations or permits of the City, State or appropriate Watershed District, or bq � covenants or agreements, the provisions of this Preservation Distriet shall govern. 205.2414 1�iARNING AND DI3CLAIMER OF LIABILITT This ordinanee does not imply that areas outside the Preservation District or land uses or obstructions permitted Within the Preservation District Will be free from flooding or Plood damages. This Preservation Distriet shall not create liability on the part of the City or any official or employee thereoP, Por any flood damages that result from relianee on this ordinance or any City action taken or administration or Council decision laWfully made hereunder. AMEIQDMEHTS I1tT8RPR8TATI0N I WARRI� AND DI3CLAII�R OF LIABII.IIT 205-139 205.25 0-2 CRITICAI. AREA DI3TRICT RFGULATIONS 205.251 PQRP_OSE AND INTENT It is the purpose and intent oP this district to prevent or mitlgate irreversible damage to the Mississippi River Gorridor as a unique state, local, regional, and national resource; to preserve and enhanee its values to the public and protect and preserve the River Corridor as an easential element in the local, regional, state and national transportation, sewer and Water, and reereational systems, as well as serving important biological and ecological Punetions; in accordanee with the following polieies: 1. The Mississippi River Corridor shall be managed as a multi-purpose public resource by conserving the scenic, environmental, reereational, mineral, economie, cultural, and historic resources and funetions oi the river corridor, and providing Por the continuation oP development of a variety of urban uses within the river corridor. 2. The Mississippi River Corridor shall be managed in a manner consistent �rith its natural characteristies and its existing development and in accordanc with regional plans Por the development oF the Metropolitan Mea. 3. The Mississippi River Corridor shall be managed in aecordanee with the Critical Areas Aet of 1973, the Minnesota Environmental Poliey Act oP 19T3, and the GovernorTs critical area vesignation order, Esecutive Order No. 130, dated November 23, 1976, and other applicable state and Pederal laws. 205.252 DI3TRICT BOIINDARIES The boundaries of the Critical Areas District shall be located on the official zoning map of the City of Fridley, and shall eneompass any and all propertylocated between the center line of Anoka County Trunk Highway 1 and the normal high water line of th east bank of the Mississippi River running from the northerly boundary to the southerly boundary of the City. 205.253 DEFINITIONS For the purpose of this district the following definitions shall apply: 1. BluPf: Those steep slopes lying betWeen the normal high water mark and the River Corridor boundary having an angle oP aseent, proceeding landward from the river, of more than 12 percent from the horizontal. 2. Bluffline; A line delineating the top of the slape connecting the points at which the slope becomes less than 12 percent. More than one bluffline may be encountered proceeding landward from the river. 3. Clear-cutting: The indiseriminate eutting down of large numbers oP 205-140 a2 cRizicei. ARBA DI3TRIC REGIILATIOpS PQRPOSB ANA I�TTBBT DI3TRICT BOQNDARIB3 DF.F'INITION3 trees in a given areas. �1. Criiical Area: The area known as the Mississippi River Corridor Critical Area designated by the Governor in the Euecutive Order No. 130 dated November, 1976. 5. Development: The making of anq material change in the use or appearance of any strueture or land including but not limited to: reconstruetion; alteration of the size of any strueture; alteration of the land; alieration oP a shore or bank oP the river, stream, lake or pond; a commencement of drilling (exeept to obtain soil samples); mining or excavation; demolition oP a structure; elearing oP land as an adjunct to construction; deposit oP rePuse, solid or liquid waste, or fill on a parce2 of land; the dividing oP land into two or more parcels. 6. Essential Services: Means underground or overhead gas, electrical, steam or water distribution systems including poles, Kires, mains, draina, sewer pipes, conduits, cables, and other similar equipment and accessories in conjunetion therewith. 7. Public SaPety Facilities: Hydrants, fire alarm boxes, street lights, raflway erossings signals and similar aecessories including bufldings. 8. Retaining Wall: A structure utilized to hold a slope in a position in which it would not naturally remain. 9. Terrace: A relatively level area bordered on one or more sides by retaining walls. 10. Otility Facility: Physical facilities of electric, telephone, telegraph, cable, tel.evision, water, sewer, solfd waste, gas, and similar service operations. 11. Wetlands: LoW lying areas wriich may be eovered With shallow and sometimes intermittent water. They are frequently associated with a high Water table. Wetlands are generally too wet Por cultivation or development without artificial drainage. Swamps, �bogs, marshes, potholes, wet meadows and sloughs are wet2ands. 205.254 IISES AI.LdiIED All uses permitted under the existing zoning districts. O-2 DISTRICT IISES ALLOiTED 205.255 OSES E%CLUDED 1. All that was excluded under the existing zoning districts. QS� E%CLUDED 2. Any barge fleeting or barge loading. 3. Any waste, storage, use or waste treatment facilities. 4. Any mining or extration uses other than soil preparation or pe at removal. 205.256 SITB PLAN RSQIIIREI�NTS 1. No building permit, zoning, or subdivision approval sha11 be issued for any action located in this district until a site plan has been prepared and approved in accordance With the provisions of this section. SITS PLAB R�QIIIREMENTS 205-141 � b-2 DISTRICT 2. Site plans as designated below shall not be required for a single family dwelling, or for the extension, enlargement, change or alteration thereof, nor accessory structures, thereta. 205.257 SITE PLAbT CONTENTS 1. Site plans shall be prepared to a seale appropriate to the size of the project and suitable Por revier�►. 2. The Pollowing information shall be provided in the site plan: A. Location of the property including such information as the name and numbers of adjoining roads, railroads, existing subdivisions, or other landmarks. B. The name and address oP the owner(s) or developer(s)� the section, township and range, northpoint, date and seale oP draWing, and number of sheets. C. Existing topography as indicated on a contour map having a contour interval no greater than two (2) feet per contour; the topography map shall also elearly delineate anq bluPfline, all streams, including intermittent streams and swales, river, Waterbodies, and wetlands located on the site. The topography map shall indicate the floodway and/or flood fringe lines and shall indicate the normal highw ater mark of the river. D. A plan delineating existing drainage of the water setting forth in which direction the volume and at what rate stormwater is conveyed from the site and setting forth those areas of the site where stormwater eollects and is gradually percolated into the ground or slowly released to stream, lake, or river. E. A proposed drainage plan of the developed site delineating in which direetion, the volume, and at khat rate stormWater will be conveyed from the site and setting forth the areas of the site where stormwater will be allowed to collect and gradually pereolate into the ground, or be slowly released to a stream or lake. The plan shall also set Porth hydraulie capacity of all struetures to be constructed or existing structures to be utilized, ineluding volume of holding ponds for the design storm (i.e. 6", 2�1 hr. rain). F. A deseription of the soils oP the site including a map indicating soil types by areas to be disturbed as well as a soil report prepared by a soil scientist containing information on the suitability of the soils for the type of development proposed and for the type oi seWage disposal proposed and deseribing any remedial steps to be taken by the developer to render the soils suitable. All areas proposed for grading shall be identified by soil type, both as to soil type oP existing top soil and soil type oP the new contour. The location and extent oP any erosion areas shall be indicated. The stability oP rock units along blufflines and faces shall be included in the soils description. G. A map indicating proposed finished grading shown at contours at the same intervals as provided above or as required to clearly indicate the relationship of proposed changes in existing topography and remaining Peatures. 205-142 H. An erosion and sedimentation control plan indicating the type, location, and necessary technical inPormation on control measures to be taken both during ad af ter construction including a statement expressing the calculated anticipated gross soil loss expressed in tons/acre/year both during and aFter construction. I. A delineatfon of the location and amounts oP excavated soils to be stored on the site during eonstruetion. J. A description of the Plora and Pauna, whieh oecupy the site or are occa sionally Pound thereon, setting Porth with detail those areas xhere unique plant or animal speeies may be found on the site. K. A description of any features, buildings or areas Whieh are oP historie significanee. L. A landscape plan draw n to an appropriate scale, including dimensions and distanees and the location, type, size and description of all existing vegetation proposed Por removal and aIl proposed landscape materials which will be added to the site as part of the development. M. The proposed size, alignment, height, and intended use of any struetures to be ereeted or located on the site. N. A clear delineation oP all aeres whieh shall be paved or surPaced ineluding a description oP the surfacing material to be used. 0. A deseription of the method to be provided For vehicular and pedestrian aecess to the proposed development and public access to river and/or publ.ic river view opportunities both bePore an aPter development: a description oP the development�s impaet on existing view oP and along the river. A deseription oP all parking Pacilities to be provided as part oP the development of the site including an analysis of parking needs generated by the proposed development. P. A delineation oP the area oP areas to be dedicated for publie use. Q. Any other informatfon perti.nent to the particular project WWich in the opinion of the City or applicant is necessary or helpPul for the review oP the project. 205.258 ADDITIONAL REQUIREMENTS FOR AI.L S?RtJCTQRES 1. Lot Size. Lot size shall be governed by the existing zoning district. 2. Building Height. Building height shall be governed by the existing zaning district. 3. Setbacks. Setbacks shall be governed by the existing zoning districts except as follows: A. All new struciures and facilities shall be placed not less than 40 feet from the top oP the bluffline overlooking the Mississippi River. B. Al1 neW structures and f acilities shall be placed not less than 100 feet Pran the Mississippi River normal high xater line as def ined by the Federal Insurance Adminisiration's Flood Insurance Study Por the City oP Fridley. O-2 DISTRICT ADDITIONAL R�QIIIREI�HTS FOR AI.L STROCTQRE3 ' 205-143 � � } ) .� t C. Exeeptions to setback requirements shall include public safety facilities, publie bridges and approaches, public roadwaqs, public recreation Pacilities, seenic overlooks, regional and local trails; doeks and boat launching Pacilities, approved river crossings oP essential services and distribution services, and historical sites designated bq the National and State Register of Historie Places. 4. Placemeat of Structures A. Placement oP structures in areas subject to flooding as designated in Chapter 205.24 of the City Code, shall be governed by the regulations oP that seetion. B. No land with slopes, before alteration, in excess of 18K wil 1 bbe developed Por use by any structure except for erosion control structures as necessary Whieh are in conformance With all other guidelines and standards. All applicable local, state and federal laws, rules and regulations and Metropolitan plan guidelines and standards must be met Por bridge construction and bridge approaeh roadways. C. Development on slopes in excess of 12�, but less than 18�, Will be permitted provided that te applicant can meet the following conditions: (1) The Poundation and underlying material shall be adequate for the slope candition and soil type. (2) The developer can demonstrate that development during and after construetion can be accomplished without increasi ng erosion and that there is proper controls to reduce runoff to nondestructive levels. (3) The proposed development presents no danger of falling rock, mud, uprooted trees and other material to structures, recreational facilities, publie lands, and publie water down hill. D. Line oP Sight. The development oP new, or the expansion of existing struetures, shall be placed so that the development is consistent with the reasonable preservation of the view of the river corridor from other properties on both sides oP the river and by the publie. The walling ofP of views of the river corridor from other properties and publie right of ways shall be prohibited. 205.259 NATURAL RESOURCB MAH�GEMENT 1. Grading and Filling. Grading and filling or otherwise ehanging the topography landward of the ordinary high water mark shall not be conducted without a permit as required by the City, and in complianee with the provisions of Minnesota Regulation NR 79, Seetion (h), of the Wild and Seenie Rivers Regulation, paragraphs (1), (2) and (3). 2. Retaining xalls and erosion control structures waterward oP the normal high Water mark are permitted structures iP the applicable permits issued by the Army Corps oP Engineers and the Minnesota Department oP Natural Resources have been obtained. 3. Retaining walls and erosion control structures on the landWard side oP 205-144 O-2 DISTRICT NATVRAL RESOQRCB MANAGEMEHT the normal high water mark that are visible Prom the water surPace shall meet the following design criteria: A. Retaining walls or terrace contours shall not exeeed Pive feet in height. B. The minimum space in between retaining walls shall be tWenty Peet. 4. Yegetative Management A. Clear-cutting of trees on the slope or Pace oP bluffs and within 40 feet landward Prom the bluf Pline or river bank area shall not be permitted. B. The selective cutting of trees greater than 4" in diameter may be authorized by the C1ty, when eutting is appropriately spaced anci staged to maintain a continuous natural cover. C. The development of neW or the expansion of existing struetures sha12 be accomplished so as to minimize the need for tree removal. IP trees over 4" are cut, the density oP tree cover sh all be restored to that which existed before. The applieant shall demonstrate that all grading whieh takes place will be conducted in a manner that preserves the root zone aeration and stabi2fty oP existing trees and provides an adequate watering area equal to at least one-half of eaeh trees erown cover. D. Exeeptions to the above include the removal of diseased or damaged trees. 5. Standards for surface water managemeat and erosion control A. Storm water run-off fram any neW development may be directed into public water bodies and drainage systems provided that it is substantially free Prom silt, debris and chemieal pollutants, and only at rates equal to that on the property before development. B. Any new development shall provide for erosion proteetion measures which make maximum use of natural in-place vegetation. During construction and until such time as Pinal control measures are Pully implemented and established, adeq uate development praetices Will be maintaied to insure that gross soil loss levels shall not exceed 5 tons per aere per year during eonstruction or 2 tons per aere per year during construetion when the site is adjacent to a water body or water course; and one-ha1P ton per acre per year aPter the construction activities are completed. C. Structures, trails and roadways shall be sited to minimiz e levels of pedestrian and vehicular traffic in areas where soil compaction and loss of vegetation cover can contribute to erosion problems. o-2 DiSTRICT 205-145 ;� � O-2 DISTRICT 205.2510 TRAlISMI3SI0N SERVICES, PQBLIC TRANSPORATIOA, AND RI9ER CROSSING TRAHSMI3SION 1. Transmission and Essential Serwices SERVICSS, A. Primary consideration sha11 be given to underground plaeement of �LIC services in order to minimize aesthetic, environmental and public TR�SPORTATI safety aspeets. When considering overhead placement, the developer � RIVER must shoW the reasonin that makes under CROSSIPG g ground placement unfeasible. B. All transmission service crossing of the Mississippi River req uire a permit pursuant to Minnesota Statute 84.415 or 105.42 by the Department of Natural Resources. C. All transmission crossing of land within the district shall require a Special Use Permit as required bq this chapter. 2. Transportation Faeilities Transportation crossings shall be permitted in aceord �►ith NR 79, Section (j), except paragraph (ddd) under (i), route design oP the Wild and Sceni c River regulations. A. In planning and designing the construction or reconstruction of all publie transportation facilities whieh closely parallel the river or blufflines, carerful consideration should be given to the provision of scenic overlooks Por motorists, safe pedestrian aceess Prom areas on the landward side of these transportation Pacilities, and saPe pedestrian facilities along the riverward of these facilitiea. B. The construction or reconstruction oP all public transportation Pacilities shall be located and designed in such a manner that t+ill maintain the safe use and aecess to the riverPront in public ownership, allow reasonable use oP the land between the river and the transportation facility, and maintain the aesthetie quality of the river environment. 205.2511 P'ITBLIC ACCB3S 1. Public pedestrian right oP way including river access shall be provided for any new development that is adjacent to or part oP an overall plan of the City of Fridley for pedestrian movement within the distriet. 2. Public pedestrian access shall be provided to the riverf ront of developments on publiely owned and publicly controlled riverfront property whether leased to private leases, aecess will not be provided where: A. Unavoidable hazards exist to the publie. B. Publie pedestrian access at a particular location cannot be designed or developed to provide a pleasant view or recreational experience. 205.2512 RIGHT OF WAY MAIITTEHAI�CE 1. IP possible, natural vegetation of val ue to f ish or wildlife, Which does not pose a hazard to or restrict reasonable use oP the utility, shall be allowed to grow in the right oP way. 2. Where vegetation has been removed, new vegetation consisting of native 205-146 PQBLZC ACC&S3 RIGH? OF WAY !lAINTENAI�CE grasses, herbs, shrubs, and low growing trees, shall be planted and maintained on the right of way. 3. Chemical control of vegetatfon should be avoided when practicable, but where such methods are necessary, chemicals used and the manner of their use must be in accordanee with rules, regulations of all state and f edera2 agencies with authority over the use. 205.26 OFFICIAL TITLE AND SUI�4�iARY The City hereby approves for publieation the Official Title an@ Summary ineorporated herein by reference as Exhibit I. Publication of the Offici al Title and Summary shall clearly inform the public of the intent and effect of this Ordinance. The Ciiy Clerk shall see that a copy of this entire Ordinance is filed in the City Clerk's office and in the public library of the City of Fridley, which the Council hereby desi gnates as locations at which a copy is available for inspection by any person during regular business hours. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS DAY OF . 19_. W]ZLIAM J. NEE - MAYOR ATTEST: SIDNEY C. INMAN - CITY CLERK Public Hearing: June 8. �Tune 15. July 13, 1981 �'irst ReadinF�: Deeember 6} 1982 Second Reading: Publication: � c ,� OFFICIAL TITLE AND SU1�4iARY 205-147 . , �AJ �� Z O�Z� T� �� 'Q� 2� TI�,E � ��'y� �pT� A � � 205 FNTITLED •ZONING' AND REPEALING �E �� 205 OF THE FRILt,Ey CITY (�L1E II�1 IZ5 FNTDiF,Zy. II. SUI�4SARy �lE CITY �?NCIL OF Z� QTY OF FR,ai,Ey� MII�T1F50TA ORI]A�Ss �at the followin� s�ry shall clearly inform the public of the intent and effect of the Ordinance and sha11 be publiS},ed in the offical newspaper of the City. .� �_ The zoning provisions and the zoning map have been enacted for the purpose of prmoting the public health, safety and general welfare of the City of fl;idley. 8. GII�iAL pRpJI.SIONS �e folla,ing are general ptovisions applicable to all districte: 1. Nonconforming uses and structtues. 2. Building site. 3• Aocessory buildings an8 structures. 4. Required yard and op�en spaoe. S. f�virorIInental quality. C. AUIINLS�tATIDN AT�ID FIdFUR@g� 1. Zhe Zming A�ninistrator sha11 be charged �ith enforcfng the prwisions of the Zaning Cod,e� Z. Zhe Co�cil, � a four-fifths vote, may adopt ar�,enc�rents to thi� Q�apter as requir . 3. S�ecial use pernuts prayide the City �aith a reasonahie degree of � discretion in deterrnining the suitability of oerta3n desiqnated uses upon the general Welfare, public health ana s,afety, 1. A variance procedure is provided Whereby a property amer may appeal the strict application of the provisions of this Q�apter �►here there are practical diffiailties or particular hardships preventing the strict application of the regulations of this �apter, 5. No oonstruction shall v�or,4nence �til a building permit has been issued indicating that the existing or proposed structure and the use of the lan8, caor�ply with this Chapter and all building oodes, 6. A Certiftcate of Occupancy shall be obtained for all new oonstruction statfng that all provisions of this C}�apter and the Chapter of the Fridley City Code entitled "BuilBing and Related Permit Fees• are in oa�liance. 7. A Certifi�ate of Compliance sha11 be issued to all existing legal nonconformfng and oonforming uses which ci� not have a Certificate of Occupancy after all public health, safety and welfare conditions of the City Code are in oanplianoe. 8. Any violation of the pzovisions of this Chapter is misdemeanor and subject to all penalties as provided by C'hapter 901 of the City C,ode. D. ESTABLIS}�gNp OF DIS�tIC15 For the purpose of this Chapter, the following districts are hereby established within the City of FricIleyz 1 y �1 I�2 I�3 I�4 SFA Uevelo�rnent P Cti-1 C-2 C-3 Qt 1 M-1 M-Z PUD S S-1 �2 0 o-i az � One-fa�nily Dwellinq District Tlao-family D�aelling District General Multiple Dwelling District Mobile Hane Pack District Sing2e Family Attached Development Public Facilities District Local Business District Ge�eral Business District General Shopping District General Offioe District Light rnaustriat aistrtct Heavy Industrfal Distzic* Planned Unit Develo�prt�ent District S�ecial District Hyde Park Neighborhood District Redevelopment District Overlay District Creek and Rivet Preservation District Critical Areas District !.�� ,� • � 205.07 205.08 205.09 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.28 205.19 205.20 205.21 205.22 205.23 205.24 205.25 Generally, each district has regulations concerninq the fol2owing: Principal uses; Accessory uses; Uses permitted with a special use peimitf Uses excludedf Lot requir�nents and setbacks; Building Requirementsf Parking Reguire�ents; and, Performance standards. III. I�D�1Z� Rhis Title ana S�a►mery has be� published to clearly inform the public of the intent and effect of the City of Fridley Zoning Chapter. A copy of the Ordinanoe, in its entirety, is available for inspection by any person during regular offioe hours at the offioe of the City Qerk and at the Anoka County Li6�aty.