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Ordinance No. 1265 02-08-2010ORDINANCE NO. 1265 SUMMARY AN ORDINANCE AMENDING THE FRIDLEY CITY CODE CHAPTER 205.14, GENERAL BUSINESS DISTRICT C-2, AND CHAPTER 205.15, GENERAL SHOPPING CENTER DISTRICT C-3, AND SUMMARY I. Title An ordinance of the City of Fridley, Minnesota, amending the Fridley City Code to clarify permitted uses and e�terior storage regulations in commercial zoning districts. II. Summary The City Council of the City of Fridley does hereby ordain as follows: That Chapter 205.14 and Chapter 205.15 are hereby amended to coordinate the requirements enumerated in these chapters with related requirements that have been amended in these same chapters over time. In addition, stipulations normally placed on garden centers are now incorporated into the code. In summary, the amendments clarify in print the common interpretation of previous code language. III. Notice This title and summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning Code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF FEBRUARY 2010. ����� SCOTT J. LUND, MAYOR ATTEST: �� DEBRA A. SKOGE , CITY CLERK Public Hearing: December 16, 2009 and January 4, 2010 First Reading: January 25, 2010 Second Reading: February 8, 2010 Published: February 18, 2010 ORDINANCE NO. 1265 AN ORDINANCE AMENDING CHAPTER 205 OF THE FRIDLEY CITY CODE PERTAINING TO COMMERCIAL USES PERMITTED AND EXTERIOR STORAGE The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Section 205.14.1, General Business District Regulations, of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED A. Principal Uses. The following are principal uses in C-2 Districts: (1) All uses allowed under G1 Principal Uses and CR-1 Principal Uses of this Chapter. (2) Office facilities, including general business offices, corporate headquarter facilities and major employment offices. (3) �'� '�� Fraternal or�anizations, � assembly facilities and theaters, not including drive-in theaters. Section 2: That Section 205.14.1, General Business District Regulations, of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED C. Uses Permitted With A Special Use Permit. . (1�1) Arcades. (1�2) Garden centers or nurseries which require outside display or storage of merchandise-, accordin� to the following requirements: (a) Materials are stored inside a permanent structure, attached to and architecturall� compatible with the principal structure; (b) Products containin� chemical fertilizers,�esticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the e�terior landscape or storm sewer. Ordinance No. 1265 Page 2 (c) Floor draina.°�e for �arden center/nursery must protect storm and �round water sources by followin� Stormwater Best Mana�ement Practices (BMP's�, includin� a stormwater pollution prevention plan. (d) No merchandise can be sold or displayed outside the �arden center walls. (e) No off-season stora�e can occur in the outdoor sale area unless specified in the special use permit. (� No intercom system shall be used in the �arden center area if site is directlX adjacent to residentially zoned propert� (g) Creation of the �arden center shall not disrupt safe traffic flow throu�h the site. (remainder of section renumbered accordingly) Section 3: That Section 205.14.7, General Business District Regulations, of the Fridley City Code be hereby amended as follows: 7. PERFORMANCE STANDARDS B. E�terior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials and commercial equipment shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of way or adjoining property of a different district. Section 4: That Section 205.14.7, General Business District Regulations, of the Fridley City Code be hereby amended as follows: 7. PERFORMANCE STANDARDS D. Screening. (1) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four (4) spaces or adjoining a residential district. (b) Any driveway to a parking area of four (4) or more spaces is within thirty (30) feet of an adjoining residential district. (2) Where any commercial district is adjacent to a public right-of-way or across from any residential district, the following requirements must be met: (a) There shall be a five (5) foot sidewalk easement provided along the property line. Ordinance No. 1265 Page 3 �� The Citv may allow the applicant to delay the installation of the sidewalk, if the applicant signs an agreement that it will be constructed when the City requires the installation. (b) There shall be a fifteen (15) foot planting strip located behind the required sidewalk that is substantial enough to create a physical separation between the public right-of-way and the commercial property. (3) All trash or garbage storage receptacles must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage. (4) All raw materials, supplies, finished or semi-finished products and equipment, not including motor vehicles, shall be stored within an enclosed building or be screened on all sides from view from a public right-of-way or an adjoining property by a fence or other approved screen which e�tends two (2) feet above the highest item to be stored with the height of the fence not to exceed eight (8) feet except where:- (a) A Special Use Permit has been issued for open sales or display. (b) Materials and equipment are being used for construction on premises. „ Section 5: That Section 205.15, General Shopping Center District Regulations, of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED A. Principal Uses. The following are principal uses in C-3 Districts: (1) Commercial laundry and dry cleaning establishments. (2) All uses allowed under G1 Principal Uses and C-2 Principal Uses of this Chapter, provided they meet one of the following conditions: (a) All uses are located within a shopping center building or a cluster of three (3) or more uses using common or shared parking facilities, or (b) The use facilities require a minimum of �99 50 parking spaces, or.- (c) Se�ually oriented businesses as defined and regulated in Chapter 127 of the Fridley City Code. (Ref. 966). Ordinance No. 1265 Page 4 Section 6: That Section 205.15.1, General Shopping Center District Regulations, of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED C. Uses Permitted With �a Special Use Permit. . • (1�0) Garden centers or nurseries which require outside display or storage of merchandise-, accordin� to the following requirements: (a) Materials are stored inside a permanent structure, attached to and architecturall� compatible with the principal structure; (b) Products containin� chemical fertilizers,�esticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the e�terior landscape or storm sewer. (c) Floor draina.°�e for �arden center/nursery must protect storm and �round water sources by followin� Stormwater Best Mana�ement Practices (BMP's�, includin� a stormwater pollution prevention plan. (d) No merchandise can be sold or displayed outside the �arden center walls. (e) No off-season stora�e can occur in the outdoor sale area unless specified in the special use permit. (� No intercom system shall be used in the �arden center area if site is directlX adjacent to residentially zoned propert� (g) Creation of the �arden center shall not disrupt safe traffic flow throu�h the site. (remainder of section renumbered accordingly) Section 7: That Section 205.15, General Shopping Center District Regulations, of the Fridley City Code be hereby amended as follows: 7. PERFORMANCE STANDARDS D. Screening. (1) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four (4) spaces or adjoining a residential district. (b) Any driveway to a parking area of four (4) or more spaces is within thirty (30) feet of an adjoining residential district. Ordinance No. 1265 Page 5 (2) Where any commercial district is adjacent to a public right-of-way or across from any residential district, the following requirements must be met: (a) There shall be a five (5) foot sidewalk easement provided along the property line. Council may allow the applicant to delay the installation of the sidewalk, if the applicant signs an agreement that it will be constructed when the City requires the installation. (b) There shall be a fifteen (15) foot planting strip located behind the required sidewalk that is substantial enough to create a physical separation between the public right-of-way and the commercial property. (3) All trash or garbage storage receptacles must be located in the rear or side yard and be totally screened from view from any public right-of-way. Provisions must be taken to protect screening from vehicle damage. (4) All raw materials, supplies, finished or semi-finished products and equipment, not including motor vehicles, shall be stored within an enclosed building or be screened on all sides from view from a public right-of-way or an adjoining property by a fence or other approved screen which e�tends two (2) feet above the highest item to be stored with the height of the fence not to exceed eight (8) feet except where: (a) A Special Use Permit has been issued for open sales or display. (b) Materials and equipment are being used for construction on premises. , , . �er�:��r:�ss�: ee�:■ ��v�r��n�o�r.e��.�n�vn��u�.e�o.�o0�.������ovDae�00�0�ror.e��.w Section 8: That Section 205.15, General Shopping Center District Regulations, of the Fridley City Code be hereby amended as follows: 1. USES PERMITTED C. Uses Permitted With a Special Use Permit The following are uses permitted with a Special Use Permit in C-3 districts: (5) Automobile service stations and motor vehicle fuel and oil dispensing services. If a Special Use Permit is granted, the following minimum conditions must be met in order to protect the public health, safety and general welfare. Because of traffic hazards, noise, light glare at night, outdoor storage of inerchandise, indiscriminate advertising and other characteristics of this type of business which are potentially detrimental to the community, these minimum standards shall be considered, along Ordinance No. 1265 Page 6 with any other recommendations the City may determine necessary to eliminate the particular problems in achieving compatibility with abutting and adjacent land uses. (a) The use shall not provide for the outdoor operation of lubrication equipment, hydraulic lifts or service pits or the outdoor display of inerchandise. The display of inerchandise within four (4) feet of the front of the station building is permitted. No storage of any type shall be permitted unless it is within four (4) feet in front of the station building. Cages for exchangeable propane tanks not larger than a 20-pound cylinder may be located in conformance with the applicable Fire Codes and City approval prior to installation. (b) The property shall not be used as a place of storage or depository of wrecked, abandoned or junked motor vehicles or the sale or display of used motor vehicles. (c) Any required buffer or screening area shall be so constructed as to obstruct headlight beams of motor vehicles on the station property from beaming onto adjacent residential property. (d) If the station is to be located in a shopping center or other integrated development, it will be in architectural harmony with the rest of the center or development. (e) Activities Prohibited: ((1)) Heavy duty repair garages. ((2)) Vehicular parking except for the owner's and employee's automobiles �g ° °�' m �'�° „^r'�°�' � r ^ ° ^�' ^� and a maximum of three (3) service vehicles. Automobiles bein� serviced may be parked for a maximum period of "�^��r° ^* ^��� forty-eight (48) hours at anv � one (1) time. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8TH DAY OF FEBRUARY 2010. � � SCOT J. LUND, MAYOR ATTEST: J� .� DEBRA A. SKO N, CITY CLERK Public Hearing: December 16, 2009 and January 4, 2010 First Reading: January 25, 2010 Second Reading: February 8, 2010 Published: February 18, 2010