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Ordinance No. 1121 02-08-1999 ORDINANCE NO. 1121 OFFICIAL TITLE AND SUMMARY A SUMMARY OF AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE, CHAPTER 205,ENTITLED"ZONING",BY AMENDING SECTIONS 205.07.01.C.(4), 205.08.01.C.(4),205.09.01.C.(3),AND 205.10.01.C.(4), TO ALLOW,BY SPECIAL USE PERMIT,DAY CARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUARE FEET IN THE R-1, SINGLE FAMILY DISTRICT;R-2,TWO FAMILY DISTRICT;R-3, GENERAL MULTIPLE UNIT DISTRICT;AND R-4,MOBILE HOME PARK DISTRICT. WHEREAS, the City of Fridley has been asked to consider a modification to the zoning ordinance to allow daycare facilities in an expanded number of locations; and WHEREAS, the City investigated a modification to allow day care facilities as a special use in residential districts R-1,R-2,R-3, and R-4;on properties exceeding 12,000 square feet; and WHEREAS,the Planning Commission held its public hearing for this matter on December 2, 1998, whereby the City solicited citizen comment regarding modification of the City Code. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA,AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting modifications to Code Sections 205.07.01.C. (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4), to be entitled, numbered and read as follows: Section 205.07.01.C.(4) (4) Day Care Centers provided that they are located in places of worship, schools, or in other buildings. (d) The minimum lot size is 12,000 square feet. Section 205.08.01.C.(4) (4)Day Care Centers provided that they are to be located in places of worship, schools, or in other buildings. (d) The minimum lot size is 12,000 square feet. Section 205.09.01.C.(3) (3) Day Care Centers provided that they are to be located in places of worship, schools, or in other buildings. Ordinance No. 1121 Page 2 (d)The minimum lot size is 12,000 square feet. Section 205.10.01.C.(4) (4) Day Care Centers provided that they are to be located in places of worship, schools, or in other buildings. (d)The minimum lot size is 12,000 square feet. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THE 8th DAY OF FEBRUARY, 1999. 4gVi'd -d 0.ON-MAYOR ATTEST: DEBRA A. S OGENITY CLERK Public Hearing: January 4, 1999 First Reading: January 4, 1999 Second Reading: February 8, 1999 Publication: February 18, 1999 ORDINANCE NO. 1121 AN ORDINANCE RECODIFYING THE FRIDLEY CITY CODE,CHAPTER 205,ENTITLED "ZONING",BY AMENDING SECTIONS 205.07.01.C.(4),205.08.01.C.(4),205.09.01.C.(3),AND 205.10.01.C.(4),TO ALLOW,BY SPECIAL USE PERMIT,DAY CARE FACILITIES ON PROPERTIES THAT EXCEED 12,000 SQUARE FEET IN THE R-1,SINGLE FAMILY DISTRICT;R-2,TWO FAMILY DISTRICT;R-3,GENERAL MULTIPLE UNIT DISTRICT; AND R-4,MOBILE HOME PARK DISTRICT. WHEREAS, the City of Fridley has been asked to consider a modification to the zoning ordinance to allow daycare facilities in an expanded number of locations; and WHEREAS, the City investigated a modification to allow day care facilities as a special use in residential districts R-1,R-2,R-3,and R-4; on properties exceeding 12,000 square feet; and WHEREAS: the City surveyed property owners within 350 feet of those churches deemed to be likely candidates for day care facilities; and WHEREAS, the City determined that a majority of those surveyed supported a change to allow day care in the residential districts as a special use; and WHEREAS, in several cases those who responded have had difficulty finding a day care for their children; and WHEREAS, the Planning Commission held its public hearing for this matter on December 2, 1998, whereby the City solicited citizen comment regarding modification of the City Code; and WHEREAS,concerns of opposing survey respondents are issues that can be addressed through the City's special use permit process and through day care licensing procedures of the State of Minnesota and Anoka County. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FRIDLEY, MINNESOTA,AS FOLLOWS: SECTION 1. That Chapter 205 of the Code of Ordinances of the City of Fridley, Minnesota, be, and hereby is, amended by enacting modifications to Code Sections 205.07.01.C. (4), 205.08.01.C.(4), 205.09.01.C.(3), and 205.10.01.C.(4),to be entitled,numbered and read as follows: 205.07. R-1 ONE-FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-1 Districts: (1) One-family dwellings. (2) Single family attached development as per conditions under Section 205.11 of this Code. Ordinance No. 1121 Page 2 B. Accessory Uses. (1) The total floor area of all accessory buildings shall not exceed 1,400 square feet. (2) Any second accessory buildings in excess of 240 square feet shall require a Special Use Permit. (3) The maximum height for all accessory buildings shall not exceed fourteen(14) feet above grade. .(4) The following are accessory uses in R-1 Districts: (a) A private garage is the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. (d) The rental of guest rooms to not more than two(2)persons per dwelling unit. (e) Solar energy devices as an integral part of the principal structure. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-1 Districts: (1) Accessory buildings other than the first accessory building,over 240 square feet. (2) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care,classroom and recreational activities. (Ref. 888) (3) Private Schools. (4) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) At least one(1)off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls,due to the particular nature of the proposed use or other considerations, Ordinance No. 1121 Page 3 would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. (5) Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses,not an accessory use to the principal uses. (6) Utility companies having transformers, pumping stations and sub-stations subject to the following minimum requirements: (a) There must be conformity with the surrounding neighborhood with respect to setbacks,open spaces and architectural design. (b) It must be screened. (c) It must not have any regular employees. (d) The equipment must be completely enclosed in a structure. (7) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10)feet is required. (b) Proper screening,which includes a planting strip, fence or wall, shall be provided on the property. This must be substantial enough to create a physical separation between the parking lot and the adjoining properties involved and considered acceptable to the City. (8) Hospitals,clinics,nursing homes,convalescent homes and homes for the elderly. (9) Private radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20)feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. Ordinance No. 1121 Page 4 D. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-1 Districts. 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A minimum lot area of 9,000 square feet is required for a one-family dwelling unit,except: (1) Where a lot is without City sanitary sewer, the minimum required lot area is 18,000 square feet. (2) Where a lot is one on a subdivision or plat recorded before December 29, 1955, the minimum required lot area is 7,500 square feet. (3) As allowed under Special District Regulations or Planned Unit Development District Regulations. B. Lot Width. The width of a lot shall not be less than seventy-five(75)feet at the required setback,except: (1) On a subdivision or plat recorded before December 29, 1955,the minimum width of a lot is fifty(50)feet. (2) If lot splits are permitted with the lot width less than the required seventy-five(75)feet,the lot must still meet the most restrictive lot requirements and setbacks; except for the lot area and lot width. (3) As allowed under Special District Regulations or Planned Development District Regulations. C. Lot Coverage. Not more than twenty-five percent (25%) of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: A front yard with a depth of not less than thirty-five(35)feet is required,except as noted in Section 205.04.4G. Ordinance No. 1121 Page 5 (2) Side Yard: (a) A side yard of ten (10) feet is required between any living area and side property lines. (b) A side yard of five(5) feet is required between an attached accessory building or use and a side property line except as stated in Section 205.04.5.B(2)and(3). (Ref. 888) (c) Corner Lots: ((1)) The side yard width on a street side of a corner lot shall not be less than seventeen and one-half(17.5)feet. ((2)) When the lot to the rear of a corner lot has frontage along a side street, no accessory building on the corner lot within twenty-five (25) feet of the common property line shall be closer to said side street than thirty (30) feet; provided however,that this regulation shall not be interpreted as to reduce the buildable width of a corner lot to less than twenty-five(25)feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least twenty-five(25)feet from the property line of a side street. (3) Rear Yard: (a) A rear yard with a depth of not less than twenty-five percent(25%) of the lot depth is required with not less than twenty-five (25) feet permitted or more than forty(40) feet required for the main building. (b) Detached accessory buildings may be built not less than three(3)feet from any lot line in the rear yard not adjacent to a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in the rear yard will be the same as for a front yard. 4. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected,constructed,reconstructed,altered, enlarged,or moved so as to exceed the building height limit of thirty(30)feet from finished grade level. B. Minimum Floor Area. (1) For lots having a 9,000 square foot lot area and a seventy-five (75) foot lot width, and for lots resulting from lot splits having less than 9,000 square feet and/or less than the seventy-five (75) foot lot width, the minimum gross floor area of a single family dwelling Ordinance No. 1121 Page 6 shall not be less than 1,020 square feet of fmished floor area per dwelling unit, provided that: (a) A one (1) level one-family dwelling unit of three (3) bedrooms or less shall have a minimum of 1,020 square feet of living area. (b) A one-family dwelling unit consisting of two (2) full levels above grade shall have a minimum of 1,020 square feet of first floor area, at least 768 square feet of which shall be living area and the dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. (c) A one-family dwelling unit of a split level design of three (3)bedrooms or less shall have a minimum of 1,020 square feet of living area in the upper two levels. (d) A two (2) level dwelling unit of the split entry design of three (3)bedrooms or less shall have a minimum of 768 square feet of gross floor area in each level provided: ((1)) The dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. ((2)) The fmished floor level of the upper level is not more than six (6) feet above grade. (e) A two (2) level dwelling unit having the upper level situated wholly or partly in the roof space provided: ((1)) The gross floor area of the first level above grade shall be not less than 864 square feet. ((2)) Each bedroom located in the upper level shall have a minimum of 120 square feet of floor area. ((3)) The dwelling shall have a garage attached thereto having a floor area not less than 396 square feet. (2) For lots less than 9,000 square feet,the dwelling shall have a first floor area of not less than 768 square feet exclusive of accessory buildings or an attached garage. C. Basement. All one-family dwellings constructed on vacant lots, as of January 1, 1983 shall have a basement except if located in a flood plain area. 5. PARIENNG REQUIREMENTS A. General Provisions. (1) A minimum of two(2)off-street parking stalls shall be provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard except on a driveway or hardsurfaced parking space approved by the City. Ordinance No. 1121 Page 7 (3) All driveways and parking stalls shall be set back three (3) feet from any property line except as agreed to in writing by adjacent property owners and filed with the City. B. Garage Requirements. (1) All lots having a minimum lot area of 9,000 square feet or resulting from a lot split shall have a double garage. (2) All lots having a lot area less than 9,000 square feet and greater than 7,500 square feet shall have a single garage. (3) The above requirements shall satisfy the off-street parking stall requirement. 6. PERFORMANCE STANDARDS A. Parking Requirements. (1) Existing Facilities: (a) At least one(1)off-street parking stall shall be provided for each dwelling unit. (b) The required parking stall shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City, and set back a minimum of three(3) feet from the side property line, except as agreed to by adjacent property owners. (c) A garage shall satisfy the off-street parking stall requirement. (2) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right of way except for stacked firewood,boats, and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials,except for B(2)above. Ordinance No. 1121 Page 8 D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the chapter entitled"Waste Disposal"of the Fridley City Code. E. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of fmished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum fmished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. The maximum slope (grade) on a driveway shall not exceed 1:10 (10%) above established curb grade. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards,including the boulevard. (2) All open areas of any site, except for areas used for parking,driveways or storage, shall be sodded,seeded or have vegetative cover. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco,brick, wood or other material that is extensive an d gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered,cracked,flaked,scaled or chalked away,or Ordinance No. 1121 Page 9 (b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures,walls, fences,walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive,well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 205.08. R-2 TWO-FAMILY DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-2 Districts: (1) Two-family dwellings. (2) One-family dwellings. (3) Single family attached development as per conditions under Section 205.11 of this Code. B. Accessory Uses. (1) Only two(2)accessory buildings allowed per dwelling unit. (2) The total floor area of all accessory buildings shall not exceed 1400 square feet. (3) Any second accessory building in excess of 240 square feet shall require a Special Use Permit. (4) The following are accessory uses in R-2 Districts: (a) A private garage is the first accessory building. It shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. (b) Privately owned recreational facilities which are for the enjoyment and convenience of the residents of the principal use and their guests. (c) Home occupations. (d) The rental of guest rooms to not more than two(2)persons per dwelling unit. (e) Solar energy devices as an integral part of the principal structure. Ordinance No. 1121 Page 10 C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-2 Districts: (1) Accessory buildings,other than the first accessory building,over 240 square feet. (2) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. Additional parking may be required for additional church activities, such as day care,classroom and recreational activities. (Ref. 888) (3) Private Schools. (4) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) At least one(1)off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls,due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. (5) Private nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses,not an accessory use to the principal uses. (6) Utility companies having transformers, pumping stations and substations subject to the following minimum requirements: (a) There must be conformity with the surrounding neighborhood with respect to setbacks,open spaces and architectural design. (b) It must be screened. (c) It must not have any regular employees. (d) The equipment must be completely enclosed in a structure. Ordinance No. 1121 Page 11 (7) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10)feet is required. (b) Proper screening, which includes a planting strip, fence or wall shall be provided on the property. This must be substantial enough to create a physical separation between the parking lot and the adjoining properties involved and considered acceptable to the City. (8) Hospitals,clinics,nursing homes,convalescent homes and homes for the elderly. (9) Private radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20)feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping,screening,etc. shall be at least comparable to similar uses in other districts,but also subject to additional provisions as provided by the City. 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-2 Districts. 3. LOT REQUIREMENTS AND SETBACKS All requirements of this Section are for two-family dwellings. One-family dwellings in this district shall be subject to the R-1 District regulations. A. Lot Area. A minimum lot area of 10,000 square feet is required for a two-family dwelling unit. B. Lot Width. The width of a lot shall not be less than seventy-five(75)feet at the required setback. Ordinance No. 1121 Page 12 C. Lot Coverage. Not more than thirty percent(30%)of the area of a lot shall be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: A front yard with a depth of not less than thirty-five(35)feet is required,except as noted in Section 205.04.4G. (2) Side Yard: (a) A side yard of ten (10) feet is required between any living area and side property lines. (b) A side yard of five (5) feet is required between an attached accessory building or use and side property line. (c) Corner Lots: ((1)) The side yard width on a street side of a corner lot shall be not less than seventeen and one-half(17.5)feet. ((2)) When the lot to the rear has 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 said side street than thirty (30) feet; provided, however, that this regulation shall not be so interpreted as to reduce the buildable width of a corner lot to less than twenty-five(25)feet. ((3)) Any attached or unattached accessory building which opens on the side street, shall be at least twenty-five(25)feet from the property line of a side street. (3) Rear Yard: (a) A rear yard with a depth of not less than twenty-five percent(25%)of the lot depth is required with not less than twenty-five(25)feet permitted or more than forty(40)feet required for the main building. (b) Detached accessory buildings may be built not less than three (3) feet from any lot line in the rear yard not adjacent to a street. (4) Double Frontage: (a) The building lines will prevail in lieu of rear yard requirements. (b) The setback for garages and accessory buildings in the rear yard will be the same as for a front yard. Ordinance No. 1121 Page 13 4. BUILDING REQUIREMENTS A. Height. No building shall hereafter be erected,constructed,reconstructed, altered, enlarged or moved, so as to exceed the building height limit of thirty(30)feet. B. Minimum Floor Area. In a two-family dwelling,the minimum total floor area shall be 1400 square feet, the minimum living area of any dwelling unit shall be 650 square feet, and in no case shall the first floor area be less than 768 square feet. 5. PARKING REQUIREMENTS A. General Provisions. (1) At least two(2)off-street parking stalls shall be provided for each dwelling unit. (2) The required parking stalls shall not be located in any portion of the required front yard, except on a driveway or hardsurfaced parking space approved by the City. (3) All driveways and parking stalls shall be set back three (3) feet from any property line except as agreed to by adjacent property owners. B. Garage Requirements. (1) A two(2)stall garage is required for each dwelling unit. (2) This garage shall satisfy the off-street parking stall requirement. 6. PERFORMANCE STANDARDS A. Parking Requirements. (1) An existing one and one-half(1-1/2) stall garage for each dwelling unit shall satisfy the off-street parking stall requirement. (2) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls.(Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard. Ordinance No. 1121 Page 14 (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way except for stacked firewood, boats and trailers placed in the side yard. (3) The City shall require a Special Use Permit for any exterior storage of materials,except for B(2)above. D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled"Waste Disposal"of the Fridley City Code. E. Drainage And Grade Requirements. A fmished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of fmished grade shall not be less than one-fourth(1/4) inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum fmished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. F. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards, including the boulevard. (2) All open areas of any site, except for areas used for parking, driveways or storage, shall be sodded,seeded or have vegetative cover. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter or junk. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its Ordinance No. 1121 Page 15 deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered,cracked,flaked, scaled or chalked away,or (b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures,walls, fences,walks, steps, driveways, landscaping and other exterior developments shall be maintained in an attractive,well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. 205.09. R-3 GENERAL MULTIPLE DWELLING DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following are principal uses in R-3 Districts: (1) Multiple dwellings and multiple dwelling complexes including rental and condominium apartments. (2) Single family attached development as per conditions under Section 205.11 of this Code. (3) Two-family dwellings. (4) One-family dwellings. B. Accessory Uses. The following are accessory uses in R-3 Districts. (1) Parking areas and garage structures of adequate size to handle the required parking for the principal use. The parking requirements shall be satisfied by the combination of garage and unenclosed spaces. (2) Maintenance,management or recreation buildings incidental to the development. (3) Privately owned recreational facilities including swimming pools and tennis courts, intended solely for the enjoyment and convenience of the residents of the principal use and their guests. Ordinance No. 1121 Page 16 (4) Accessory uses for tenants provided they are intended only for the residents of the principal use and their guests and have no advertising or display visible from the outside of the building. Not more than ten percent (10%) of the gross floor area of a structure may be devoted to these accessory uses. (5) Solar energy devices as an integral part of the principal structure. (6) Licensed home based Family Day Care as defined in Section 205.03.32.F. of the City Code.(Ref 864) C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-3 Districts: (1) Churches. (a) Building and site requirements and performance standards shall be equal to or greater than those outlined in the following CR-1 sections of the Code; 205.16.3, 205.16.4, 205.16.6 and 205.16.7. (b) A parking requirement of at least one (1) off-street parking space shall be provided for every three (3) fixed seats or for every five (5) feet of pew length in the main assembly hall. (c) Additional parking may be required for additional church activities, such as day care, classroom and recreational activities. (Ref. 888) (2) Private Schools. (3) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) At least one(1)off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls,due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. (4) Private, nonprofit golf courses, country clubs, yacht clubs, tennis courts, swimming pools and additional recreational uses not an accessory use to the principal uses. Ordinance No. 1121 Page 17 (5) Utility companies having transformers, pumping stations and substations must conform with the surrounding neighborhood with respect to setbacks, open spaces and architectural design and must be screened. (6) Automobile parking lots for off-street parking spaces for any use on adjacent land, when the following minimum requirements have been met: (a) The minimum front yard setback is thirty-five (35) feet, except where adjacent property has existing front yard setbacks exceeding thirty-five (35) feet; additional front yard depth may be required. A side yard and rear yard minimum setback of ten (10)feet is required. (b) Proper screening, which includes a planting strip, fence or wall shall be provided on the property. The screening must be substantial enough to create a physical separation between the parking lot and the adjoining properties involved. (7) Hospitals,clinics,nursing homes,convalescent homes and homes for the elderly. (8) Hi-rise apartments, provided the following conditions are met, plus any additional requirements the City Council shall consider reasonably necessary: (a) A minimum lot area of one and one-half(1-1/2)acres. (b) Landscaping a minimum of twenty-five percent(25%)of the property. (c) A maximum lot coverage of thirty percent(30%). (d) Adequate parking facilities. (e) The minimum building setback shall be fifty(50)feet from any property line. (f) A minimum height of seven(7)stories. (9) Hotels and Motels. (10) Wind generators and other tower mounted energy devices exceeding a height of twenty (20)feet above the dwelling roof. (11) Solar energy devices NOT an integral part of the principal structure. (12) Exterior storage of materials. D. Additional Restrictions. For uses, other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening,etc. shall be at least comparable to similar uses in other districts,but also subject to additional provisions as provided by the City. Ordinance No. 1121 Page 18 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-3 Districts. 3. LOT REQUIREMENTS AND SETBACKS Lot requirements of this Section are for three (3) or more dwelling units. Two-family dwellings in this district shall be subject to the R-2 District regulations and one-family dwellings shall be subject to the R-1 District regulations. A. Lot Area. (1) A lot area of not less than 10,000 square feet is required for a three(3)family dwelling. (2) A minimum lot area of 15,000 square feet is required for a four(4)family dwelling with an additional 1,000 square feet for each unit over four(4). (3) The average lot area required per dwelling unit shall not be less than 2,500 square feet per unit for the first three(3) stories with an additional 950 square feet per unit from the fourth through sixth stories. (4) For each underground parking stall, 300 square feet may be deducted from the minimum lot area requirement. B. Lot Width. (1) A minimum lot width of seventy-five(75)feet is required for a three(3)family dwelling. (2) A minimum lot width of eighty-five(85)feet is required for a multiple dwelling of four(4) or more units. C. Lot Coverage. Not more than twenty percent (20%) of the lot area shall be covered by the main building and not more than thirty percent(30%) of the lot area shall be covered by the main building and all accessory buildings. D. Setbacks. (1) Front Yard: A front yard with a depth of not less than thirty-five(35)feet is required for all structures. (2) Side Yard: (a) Two (2) side yards are required, each with a width of not less than fifteen (15) feet, except where the height of the building exceeds thirty-five (35) feet, one (1) additional foot of width on each side yard is required for each four(4)feet,or portion thereof,of building height in excess of thirty-five(35)feet. Ordinance No. 1121 Page 19 (b) Where a driveway is to be provided in the side yard,the minimum required side yard is twenty-five(25)feet. (c) Where a side yard abuts a street of a corner lot, the side yard requirement is a minimum of thirty-five(35)feet. (d) Accessory buildings shall be set back a minimum of five (5) feet from any property line in the side and rear yards not adjacent to a street right-of-way. Those structures adjacent to street right-of-way shall be set back thirty-five(35)feet. (3) Rear Yard: A rear yard with a depth of not less than twenty-five percent (25%) of the lot depth is required, with not less than twenty-five (25) feet permitted or more than forty (40) feet required for a multiple dwelling building, and not less 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 foot of depth for rear yard is required for each two (2) feet or portion thereof of building height in excess of thirty-five(35)feet. 4. BUILDING REQUIREMENTS A. Height. A maximum of six (6) stories, but not exceeding sixty-five (65) feet,provided that no building shall 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 between the main building and the R-1 and R-2 District for each one(1)foot or portion of building height over forty-five(45)feet. B. Exterior Materials. The type of building materials used on exterior walls shall be face brick, natural stone, specifically designed precast concrete, factory fabricated and fmished metal frame paneling, glass or other materials approved by the City. C. Storage Space. Forty (40) square feet of floor area, floor to ceiling, shall be provided per dwelling unit for storage. A minimum of twenty (20) square feet of storage shall be provided in the dwelling exclusive of the dwelling unit. The remaining required storage area may be located anywhere on the lot(as hereby defined herein)provided this area is convenient and not located or included in the storage space within each individual dwelling unit. The storage space for each dwelling unit shall be enclosed and separated from other storage spaces. D. Laundry Facilities. One (1) washer and one (1) dryer will be required in structures containing 4 units. Two (2) washers and two(2)dryers will be required in structures containing five(5)to twelve (12)units. One (1)washer and one(1)dryer will be required for each eight(8)units or fractions thereof in structures containing thirteen (13) to 100 units. One (1) washer and one (1) dryer will be required for each additional ten(10) units or fraction thereof in those structures containing over 100 units. Ordinance No. 1121 Page 20 E. Floor Areas. (1) An efficiency apartment is a dwelling unit which contains not less than 400 square feet or more than 525 square feet of floor area in a multiple dwelling in which there may or may not be a separate bedroom. In any one (1) structure containing four(4) dwelling units or more,not more than twenty-five percent(25%)of the units shall be efficiency units. (2) Except for efficiency apartments, each single bedroom dwelling unit shall contain not less than 525 square feet in total floor area and not less than 650 square feet in total floor area for two (2) bedrooms. For units containing more than two (2) bedrooms, the total floor area is increased not less than 125 square feet more for each additional bedroom. Further, no room therein designated as a bedroom or actually used for regular sleeping purposes shall contain less than eighty(80)square feet of floor area exclusive of walls and partitions. F. Living Space. The dwelling structure site and each dwelling unit therein is designed to provide adequate and healthful residential living space to its occupants. Each unit therein shall be designed to provide living space accommodations of not less than 200 square feet of floor area for each adult and 125 square feet of floor area for each minor in the unit. 5. PARKING REQUIREMENTS A. Reduction of Parking. When shown by the applicant that the provisions of space required for parking stalls due to the particular nature of the proposed use or other considerations would be an unnecessary hardship, reduction of parking stalls would be allowed provided that adequate open space is provided to meet the total number of required stalls. B. Additional Parking. When the provisions for parking space required for specific district uses is inadequate, the City may require additional off-street parking to be provided. C. Parking Ratio. (1) At least one and one-half(1-1/2)spaces per one(1)bedroom unit,plus one-half(1/2)space for each additional bedroom unit per dwelling unit. (2) At least one (1)off-street parking space shall be provided for each lodging room of a hotel or motel,plus one(1)additional space for each four(4)units of a hotel or motel complex. (3) Handicap parking spaces will be provided as established in Table 55A of the State Building Code. Ordinance No. 1121 Page 21 D. Design Requirements. (1) Drainage. All driveways and parking areas, except those for less than four (4) vehicles, shall be graded according to a drainage plan which has been approved by the City. (2) Lighting. Any lighting used to illuminate an off-street parking area shall be shaded or diffused to reflect the light away from adjoining property and traffic. (3) Curbing. The entire perimeter of all parking areas in excess of four(4)stalls,access driveways,truck loading spaces or other hard surface areas that handle motor vehicle traffic shall be curbed with a poured six(6)inch high concrete curb and gutter. (a) Curbing shall be required around safety islands. (b) Curb cuts and ramps for the handicapped shall be installed as required by State law. (c) Construction shall be in accordance with curbing specifications on file at the City. (d) The City may exempt curbing: ((1)) Where the parking lot directly abuts a sidewalk which is sufficiently higher than the grade of the parking lot and satisfies the curbing requirements. ((2)) Where the City has approved future expansion. (4) Driveway Requirements. (a) A maximum driveway width of thirty-two(32)feet at the curb opening,excluding the entrance radii,can be constructed. (b) The parking aisle shall be a minimum of twenty-five (25) feet in width for two-way traffic and eighteen(18)feet in width for one-way traffic. (c) The edge of the curb opening to a parking area with four(4) or more stalls shall not be closer to the nearest portion of a street right-of-way intersection than seventy-five (75)feet,or two-thirds(2/3)of the lot width,whichever is smaller. (d) Where a "T" intersection exists, a drive may be located opposite the end of the intercepted street. (e) The minimum driveway angle to the street shall be sixty(60)degrees. (5) All parking and hard surfaced areas shall be: (a) No closer than twenty(20)feet from any street right-of-way. Ordinance No. 1121 Page 22 (b) No closer than five(5)feet from any side lot line,except for a common drive. (c) No closer than five(5)feet from any rear lot line unless adjacent to an alley,then the setback shall be increased to fifteen(15)feet. (d) No closer than five(5)feet from any building. (e) Curbed with minimum driveway access radii of ten (10) feet to match the existing street curb. (6) Off-street parking shall be provided for all vehicles concerned with any use on the lot. (7) Parking lots with more than four(4)parking stalls shall be striped. (8) Sufficient concrete areas may be required for motorcycle parking in addition to the required vehicle parking stalls. (9) Bike racks may be required in an area that is convenient to each major building entrance and will not disrupt pedestrian or vehicular traffic or fire lanes. (10) Safety signs, markings and traffic control devices may be required to promote vehicular and pedestrian safety. (11) Parking stalls may be nine (9) feet in width for multiple dwellings and multiple dwelling complexes,including rental and condominium apartments. (Ref.Ord.952,971) 6. LANDSCAPE REQUIREMENTS A. Scope. All open areas of any site, except for areas used for parking, driveways, or storage shall be landscaped and incorporated in a landscape plan. (1) All new developments requiring a building permit shall comply with the requirements of this section. (2) Existing developments shall comply with the requirements of this section if one or more of the following applies: (a) At the time of a building expansion or alteration which dictates the necessity for additional parking or hardsurface areas in excess of four(4)stalls. (b) Building alterations which dictate a change in use such that the parking area must be expanded in excess of four(4)stalls. (c) Construction of additional loading docks. (d) Construction of new parking areas in excess of four(4)stalls. Ordinance No. 1121 Page 23 (3) If full compliance cannot be achieved due to site constraints, partial compliance as determined by the City shall be enforced. (4) The requirements of this section shall not be required for building alterations which do not affect the exterior portions of the site. B. Bonding Requirement The City shall retain a performance bond, cash or letter of credit, as required in Section 205.05.06.A.(3) of the zoning code for one growing season after the installation of landscape materials is completed. C. Plan Submission and Approval. (1) A landscape plan shall be submitted to and approved by the City prior to issuance of a building permit or prior to approval of outside improvements not related to building improvements. A plan shall not be required for routine replacement of existing materials or the installation of new materials when not associated with a building project. (2) The following items shall appear on the landscape plan: (a) General. ((1)) Name and address of owner/developer. ((2)) Name and address of architect/designer. ((3)) Date of plan preparation. ((4)) Dates and description of all revisions. ((5)) Name of project or development. ((6)) Scale of plan(engineering scale only)at no smaller than 1 inch equals 50 feet. ((7)) North point indication. (b) Landscape Data. ((1)) Planting schedule(table)containing: ((a)) Symbols. ((b)) Quantities. ((c)) Common names ((d)) Botanical names. ((e)) Sizes of plant material at time of planting. Ordinance No. 1121 Page 24 ((f)) Root specification(B.R.,B&B,potted,etc.). ((g)) Special planting instructions. ((2)) Existing tree and shrubbery,locations,common names and approximate size. ((3)) Planting detail (show all species to scale at normal mature crown diameter, or spread for local hardiness zone). ((4)) Typical sections in detail of fences, tie walls, planter boxes, tot lots, picnic areas,berms,and other similar features. ((5)) Typical sections of landscape islands and planter beds with identification of materials used. ((6)) Details of planting beds and foundation plantings. ((7)) Note indicating how disturbed soil areas will be restored through the use of sodding,seeding,r other techniques. ((8)) Delineation of both sodded and seeded areas with total areas provided in square feet,and slope information. ((9)) Coverage plan for underground irrigation system,if any. ((10))Statement or symbols,to describe exterior lighting plan concept. (c) Special Conditions: Where landscape or man-made materials are used to provide required screening from adjacent and neighboring properties,a cross-section shall be provided through the site and adjacent properties to show property elevation, existing buildings and screening in scale. D. Landscaping Materials;Definitions. All plant materials shall be living plants. Artificial plants are prohibited. (1) Grass and ground cover. (a) Ground cover shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within twelve (12) months after planting, with proper erosion control during plant establishment period. Exception to this is undisturbed areas containing natural vegetation which can be maintained free of foreign and noxious materials. (b) Accepted ground covers are sod, seed,or other organic material. The use of rock and bark mulch shall be limited to areas around other vegetation(i.e. shrubs) and shall be contained by edging. Ordinance No. 1121 Page 25 (2) Trees. (a) Over-story Deciduous. ((1)) A woody plant, which at maturity is thirty (30) feet or more in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. ((2)) Such trees shall have a 2 1/2 inch caliper minimum at planting. (b) Ornamental. ((1)) A woody plant, which at maturity is less than thirty (30) feet in height, with a single trunk un-branched for several feet above the ground, having a defined crown which looses leaves annually. ((2)) Such trees shall have a 1 1/2 inch caliper minimum at planting. (c) Coniferous. ((1)) A woody plant, which a maturity is at least thirty (30) feet or more in height, with a single trunk fully branched to the ground, having foliage on the outermost portion of the branches year-round. ((2)) Such trees shall be six(6)feet in height at planting. (3) Shrubs. (a) Deciduous or evergreen plant material,which at maturity is fifteen(15) feet in height or less. Such materials may be used for the formation of hedges. Such materials shall meet the following minimum standards at time of planting: ((1)) Dwarf deciduous shrubs shall be eighteen(18)inches tall. ((2)) Deciduous shrubs shall be twenty-four (24) inches tall, except as in Section D below. ((3)) Evergreen shrubs shall be of the eighteen(18)inch classification. (4) Vines. Vines shall be at least twelve (12) inches high at planting, and are generally used in conjunction with walls or fences. (5) Slopes and Berms. (a) Final slope grades steeper than 3:1 will not be permitted without special approval or treatment such as terracing or retaining walls. (b) Earth berm screening parking lots and other open areas shall not have slopes exceeding 3:1. A minimum three(3)foot berm is required. Ordinance No. 1121 Page 26 E. Perimeter Landscaping; Standards. (1) In order to achieve landscaping which is appropriate in scale with the size of a building and site,the minimum standards apply: (a) One(1)tree for every one thousand(1,000) square feet of total building floor area or one (1) tree for every fifty (50) feet of site perimeter, whichever is greater. A minimum of thirty(30)percent of the trees required will be coniferous. (b) Two (2) ornamental trees can be substituted for every one (1) over-story deciduous shade tree. In no case shall ornamental trees exceed fifty(50)percent of the required number of trees. (c) Parking and driving areas between the building and frontage street shall be screened in the following manner: ((1)) A continuous mass of plant materials; minimum of three (3) feet in height at time of planting;or ((2)) A continuous earth berm with slopes no greater than 3:1 and a minimum of three(3)feet in height;or ((3)) A combination of earth berms and plant materials such that a minimum of three (3)feet of continuous screening is achieved. F. Interior Parking Lot Landscaping Standards. (1) All parking areas containing over one hundred (100) stalls shall include unpaved, landscaped islands that are reasonably distributed throughout the parking area to break up the expanses of paved areas. Landscaped islands shall be provided every two-hundred fifty (250)feet or more of uninterrupted parking stalls. (2) All landscaped islands shall contain a minimum of one hundred eighty (180) square feet with a minimum width of five(5)feet and shall be provided with deciduous shade trees, or ornamental, or evergreen trees,plus ground cover, mulch, and/or shrubbery, in addition to the minimum landscape requirements of this ordinance. Parking area landscaping shall be contained in planting beds bordered by a six(6)inch raised concrete curb. (3) Trees shall be provided at the rate of one tree for each fifteen (15) surface parking spaces provided or a fraction thereof. G. Screening and Buffering Standards. (1) Where the parcel abuts park or residentially zoned property, there shall be provided a landscaped buffer which shall be constructed in the following manner: (a) A screening fence or wall shall be constructed within a five (5) foot strip along the property line(s)abutting the park or residentially zoned property. Said fence or wall shall be constructed of attractive,permanent finished materials,compatible with those used in the principal structure, and shall be a minimum of six (6) feet high and a Ordinance No. 1121 Page 27 maximum of eight(8)feet high. Chain link fences shall have non-wooden slats when used for screening purposes;or (b) A planting screen shall be constructed in a fifteen (15) foot strip and shall consist of healthy,fully hardy plant materials and shall be designed to provide a minimum year- round opaqueness of eighty(80)percent at the time of maturity. The plant material shall be of sufficient height to achieve the required screening. Planting screens shall be maintained in a neat and healthful condition. Dead vegetation shall be promptly replaced. (c) If the existing topography,natural growth of vegetation,permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. (2) All loading docks must be located in the rear or side yards and be screened with a six (6) foot high minimum solid screening fence if visible from a public right-of-way or if within thirty(30)feet of a residential districts. (3) All external loading and service areas accessory to buildings shall be completely screened from the ground level view from contiguous residential properties and adjacent streets, except at access points. H. Credit for Large Trees. The total number of required over-story trees may be reduced by one-half(1/2)tree for each new deciduous tree measuring three (3) inches or more in diameter, or each new coniferous tree measuring eight(8) feet or more in height. In no event,however, shall the reduction be greater than twenty-five(25)percent of the total number of trees required. I. Credit for Existing Trees The total number of required new over-story trees may be reduced by the retention of existing over-story trees provided that the following conditions are satisfied: (1) Such trees are four(4)inches or greater in caliper measured six(6)inches from soil level. (2) For each existing tree meeting the requirement, two trees as required in section D above may be deleted. (3) Proper precautions to protect trees during development shall be indicated on grading plans submitted for plan review. Such precautions are outlined in section J. These precautions shall be included in the landscape surety. J. Irrigation. Underground irrigation shall be required to maintain all landscaped, boulevard, front and side yard areas. K. Installation. (1) The following standards shall be met when installing the required landscaping: Ordinance No. 1121 Page 28 (a) Plant materials shall be located to provide reasonable access to all utilities. (b) All required screening or buffering shall be located on the lot occupied by the use, building, facility or structures to be screened. No screening or buffering shall be located on any public right-of-way. (c) Sodded areas on slopes shall be staked. (d) Seeded areas shall be mulched with straw to prevent erosion. Hydro mulching is acceptable. (e) Oak trees shall be surrounded by snow fence or other means at their drip line to prevent compaction of their root systems. (f) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (g) No plant materials reaching a mature height of twenty (20) feet or more shall be planted within a twenty-five (25) foot lineal path of the centerline of an overhead power line. (2) The applicant shall install all landscape materials within one year; but shall have three (3) years within which to install the required landscaping if the following minimum standards are met: (a) First year. ((1)) All grading is completed,including installation of berms. ((2)) The required irrigation system is installed. ((3)) Areas to be seeded and/or sodded are installed. ((4)) Screening for adjacent residential areas is installed,if required. ((5)) Twenty-five(25)percent of the required over-story trees are installed. ((6)) Twenty-five(25)percent of the perimeter landscaping is installed. (b) Second year. ((1)) The remainder of the perimeter landscaping is installed. ((2)) Interior landscaping is installed. ((3)) Fifty(50)percent of the remaining required over-story trees are installed. (c) Third year. Any remaining landscaping shall be installed. Ordinance No. 1121 Page 29 L. Maintenance. (1) The property owner shall be responsible for replacement of any dead trees, shrubs, ground covers, and sodding. If any plant materials are not maintained or replaced, the property owner shall have, upon written notification from the City, one growing season to replace said materials before the City shall maintain or replace said plant materials and assess the property for the costs thereof. Plant materials need not be replaced specie for specie; however,in no case shall the number of plant materials be reduced from the minimum that is required by this section when replacing dead plant materials. (2) Screen fences and walls which are in disrepair shall be repaired. (3) All vacant lots,tracts, or parcels shall be properly maintained in an orderly manner free of litter and junk. (Ref.Ord.960) 7. PERFORMANCE STANDARDS A. Parking Requirements. Existing Facilities: (1) Off-street parking facilities shall be no closer than twenty (20) feet from any street right-of-way. (2) All driveways,parking areas and loading docks shall be surfaced with blacktop,concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. (1) A. Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way. (3) The City shall require a Special Use Permit for any exterior storage of materials. D. Refuse. All waste materials, refuse or garbage shall be contained in closed containers as required under the Chapter entitled"Waste Disposal"of the Fridley City Code. E. Screening. (1) Screening shall consist of a solid fence or wall not less than six(6)feet high in the side and rear yards and a maximum of four (4) feet high in the front yard, and shall not extend to Ordinance No. 1121 Page 30 within fifteen (15) feet of any street right-of-way line. Plantings may also be required in addition to, or in lieu of, fencing. The type, size and location of such plantings must be approved by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (3) The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (b) A planting screen shall consist of a closely grown hedge,a row of trees,evergreens or other vegetation approved by the City. (c) If the topography,natural growth of vegetation,permanent buildings or other barriers meet the standards for screening as approved by the City,they may be substituted for all or part of the screening fence or planting screen. (4) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four(4)spaces or adjoining an R-1 or R-2 District. (b) Any driveway to a parking area of four(4)or more spaces is within thirty(30) feet of an adjoining R-1 or R-2 District. (c) Any parking facility between the building and frontage street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least thirty-six (36)inches in height. (5) All refuse and garbage storage receptacles and loading docks 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. (6) Where any multiple dwelling district is adjacent to any other residential district, there shall be a minimum fifteen(15)foot wide screening strip to provide for a physical separation. (7) All roof equipment, except alternate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building. F. Drainage and Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided. The following minimum criteria shall apply: (1) The minimum elevation of finished grade shall not be less than one-fourth (1/4) inch rise per horizontal foot of setback measured from curb grade. Ordinance No. 1121 Page 31 (2) The City may specify a minimum finished ground grade for any structure in order to allow proper drainage and a minimum top of footing elevation to allow for connection to City utilities. G. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight,weathertight and rodentproof, and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that gives evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered,cracked,flaked,scaled or chalked away,or (b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures, walls, fences, walks, steps, driveways, and landscaping and other exterior development shall be maintained in an attractive,well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. H. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by City water line. (Ref.971) 205.10 R-4 MOBILE HOME PARK DISTRICT REGULATIONS 1. USES PERMITTED A. Principal Uses. The following is a principal use in R-4 Districts: Mobile home park developments Ordinance No. 1121 Page 32 B. Accessory Uses. The following are accessory uses in R-4 Districts: (1) Parking facilities (2) Individual storage buildings,with a maximum of 150 square feet per lot. (3) Private recreational facilities or a central building which includes swimming pools, tennis courts, laundry facilities,etc., intended solely for the use and enjoyment of the residents of the principal use and their guests. (4) Home occupations. C. Uses Permitted With A Special Use Permit. The following are uses permitted with a Special Use Permit in R-4 Districts: (1) Wind generators and other tower mounted energy devices exceeding a height of twenty (20)feet above the dwelling roof. (2) Solar energy devices NOT an integral part of the principal structure. (3) Exterior storage of materials. (4) Day Care Centers provided they are to be located in places of worship, schools or in other buildings. (a) At least one(1)off-street parking space shall be provided for each 100 square feet of useable day care floor area. (b) Reduction of parking spaces may be allowed when provision of space required for parking stalls,due to the particular nature of the proposed use or other considerations, would be an unnecessary hardship. Adequate open space shall be provided to satisfy the total number of required parking spaces. (c) When the provisions for required parking space is inadequate, the City may require additional off-street parking be provided. (Ref. 864) (d) The minimum lot size is 12,000 square feet. D. Additional Restrictions. For uses other than principal uses, requirements as to lot size, setbacks, building, parking, landscaping, screening, etc., shall be at least comparable to similar uses in other districts, but also subject to additional provisions as provided by the City. Ordinance No. 1121 Page 33 2. USES EXCLUDED Any use allowed or excluded in any other district unless specifically allowed under Uses Permitted of this district are excluded in R-4 Districts. 3. LOT REQUIREMENTS AND SETBACKS A. Lot Area. (1) Each dwelling site in a mobile home park shall have a minimum of 3,500 square feet. (2) Each mobile home park shall have a minimum of ten percent(10%)of the total land area to be used for open space recreation areas. B. Lot Coverage. Not more than thirty percent(30%)of total area used for the mobile home park shall be covered by all units and accessory structures. C. Setbacks. No mobile home shall be placed any closer to a public street right-of-way than thirty-five (35) feet nor any closer to any other district than fifteen(15)feet. 4. PARKING REQUIREMENTS A. Stall Provisions. Two (2) off-street parking spaces shall be provided for each unit unless the private access roads are surfaced to a thirty-six(36)foot minimum width. B. Curbing And Drainage. All interior streets shall have concrete curbs and the road surface constructed according to City standards to handle drainage according to a City approved drainage plan. 5. LANDSCAPE REQUIREMENTS A. As of February 1, 1983, the minimum landscaped area for all mobile home dwellings shall be thirty-five percent(35%)of the total site. B. All open areas of any site, except for areas used for parking, driveways or storage shall be landscaped and be incorporated in a landscape plan. C. The landscape plan shall be submitted for approval by the City, and indicate the location, size and species, and method and quantity of all proposed plants including designation of any existing vegetation which is to be removed or which will remain with construction. Ordinance No. 1121 Page 34 6. PERFORMANCE STANDARDS A. Parking Requirements. All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Prohibited Parking. No outside parking or storage of motor vehicles shall occur except on approved hardsurface driveways and parking stalls. (Ref. 1017) C. Exterior Storage. (1) Nothing shall be stored in the required front yard. (2) All materials shall be kept in a building or shall be fully screened, so as not to be visible from any public right-of-way. (3) The City shall require a Special Use Permit for any exterior storage of materials. D. Refuse. All waste materials,refuse or garbage shall be contained in closed containers as required under the chapter entitled"Waste Disposal"of the Fridley City Code. E. Screening. (1) Screening shall consist of a solid fence or wall not less than six(6)feet high in the side and rear yards and a maximum of four (4) feet high in the front yard, and shall not extend to within fifteen (15) feet of any street right-of-way line. Plantings may also be required in addition to, or in lieu of, fencing. The type, size and location of such plantings must be approved by the City. (2) Plantings shall not be placed so as to obstruct lines of sight at street corners and driveways. (3) The screening requirements shall be satisfied by the use of a screening fence or planting screen according to the following standards: (a) A screening fence shall be attractive and compatible with the principal building and the surrounding land use. (b) A planting screen shall consist of a closely grown hedge,a row of trees,evergreens or other vegetation approved by the City. (c) If the topography,natural growth of vegetation,permanent buildings or other barriers meet the standards for screening as approved by the City, they may be substituted for all or part of the screening fence or planting screen. Ordinance No. 1121 Page 35 (4) Screening of off-street parking shall be required for: (a) Any off-street parking area requiring more than four(4)spaces or adjoining an R-1 or R-2 District. (b) Any driveway to a parking area of four(4)or more spaces is within thirty(30)feet of an adjoining R-1 or R-2 District. (c) Any parking facility between the building and frontage street must be screened from the street by a hedge, solid fence or closely grown planting strip, at least thirty-six (36)inches in height. (5) All refuse or garbage storage receptacles and loading docks 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. (6) Where any mobile home park district is adjacent to any other residential district,there shall be a minimum fifteen(15)foot wide screening strip to provide for a physical separation. (7) All roof equipment, except alternate energy devices, must be screened from public view unless the equipment is designed as an integral part of the building and is compatible with the lines of the building. F. Drainage And Grade Requirements. A finished ground grade shall be established such that natural drainage away from all buildings is provided.The following minimum criteria shall apply: (1) The minimum elevation of a fmished grade shall not be less than one-fourth (1/4)inch rise per horizontal foot of setback measured from curb grade. (2) The City may specify a minimum fmished ground grade for any structures in order to allow proper drainage and connection to City utilities. G. Landscaping. The following shall be minimum criteria for landscaping: (1) Sodding and landscaping shall extend across the entire front yard and side yards,including the boulevard. (2) All other open areas of any site, except areas used for parking, driveways or storage, shall have ground cover and be landscaped with trees, shrubs, berms, and other landscape materials. (3) All uses shall provide water facilities to yard areas for maintenance of landscaping. (4) It shall be the owner's responsibility to see that all required landscaping is maintained in an attractive,well kept condition. Ordinance No. 1121 Page 36 (5) All vacant lots, tracts or parcels shall be properly maintained in an orderly manner free of litter and junk. H. Maintenance. It shall be the responsibility of the property owner to ensure that: (1) Every exterior wall, foundation and roof of any building or structure shall be reasonably watertight, weathertight and rodentproof and shall be kept in a good state of maintenance and repair. Exterior walls shall be maintained free from extensive dilapidation due to cracks, tears or breaks of deteriorated plaster, stucco, brick, wood or other material that give evidence of long neglect. (2) The protective surface on exterior walls of a building shall be maintained in good repair and provide a sufficient covering and protection of the structural surface against its deterioration. Without limiting the generality of this Section, a protective surface of a building shall be deemed to be out of repair if: (a) More than twenty-five percent (25%) of the area of any plane or wall on which the protective surface is paint is blistered,cracked,flaked,scaled or chalked away,or (b) More than twenty-five percent (25%) of the pointing of any brick or stone wall is loose or has fallen out. (3) Every yard and all structures,walls, fences,walks, steps, driveways, landscaping and other exterior development shall be maintained in an attractive,well kept condition. (4) The boulevard area of a premises shall be properly maintained, groomed and cared for by the abutting property owner. I. Essential Services. (1) Connection is required on each lot served by City sanitary sewer. (2) Connection is required on each lot served by a City water line. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 8H DAY OF FEBRUARY, 1999. - - CY/ / • ./ •N-MAYOR ATTE T: R,UL ,O"✓ ' DEBRA A. SKOGEN-CI CLERK Public Hearing: January 4, 1999 First Reading: January 4, 1999 Second Reading: February 8, 1999 Publication: February 25, 1999