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Ordinance No. 1149 03-26-2001 ORDINANCE 1149 AN ORDINANCE RECODIFING FRIDLEY CITY CODE., CHAPTER 205,ENTITLED "ZONING"BY ADDING A NEW SECTION 205.31, 0-6 RESIDENTIAL LOTS CREATED PRIOR TO 1955 DISTRICT REGULATIONS The Fridley City Council does hereby ordain that: Section 1. Chapter 205.06 be amended to hereby include Overlay District 0-6,Pre-1955 Lots; and that Section 2. Chapter 205 of the Fridley City Code be hereby amended to create a new district, Section 205.31, 0-6 Residential Lots Created Prior to December 29, 1955 District Regulations 205.31. 0-6 RESIDENTIAL LOTS CREATED PRIOR TO DECEMBER 29, 1955 DISTRICT REGULATIONS 1. TITLE This Section shall be referred to as the "Pre-1955 Lots" in short form. 2. PURPOSE The purpose of this special zoning district is to: A. Change the present "legal, nonconforming use" status of the residential dwellings located in this district on lots over 5,000 square feet in size to a"conforming use" status. B. Re-establish and maintain the residential character of Fridley's neighborhoods. C. Protect the property rights of all present landowners as much as possible, while promoting reinvestment and infill development in Fridley neighborhoods. D. Establish a zoning mechanism for the City that will encourage residential investment and development on those lots created and recorded at Anoka County prior to December 29, 1955. 3. DISTRICT BOUNDARIES The extent of this zoning overlay district shall only be comprised of those residentially zoned lots split,platted, or otherwise created and recorded at Anoka County prior to December 29, 1955. The 0-6 district includes lots meeting all criteria set forth in this chapter, located in the following Plats created and recorded prior to December 29, 1955: Adams Street Addition; Auditor's Subdivisions #22, #23, #25, #39, #59, #77, #78, #79, #88, #89, #92, #94, #94 Sublot 10, #108, #129, #153, & #155; Berlin Addition; Brookview Addition; Brookview 2nd Addition; Camp Howard and Hush's 1st Addition to Fridley Park; Carlson's Summit Manor North Addition; Carlson's Summit Manor Ordinance No. 1149 Page 2 South Addition; Central Avenue Addition; Central View Manor; Christie Addition; City View; Clover Leaf Addition; Clover Leaf 2nd Addition; Dennis Addition; Donnay's Lakeview Manor; Elwell's Riverside Heights; Elwell's Riverside Heights Plat 2; Florence Park Addition to Fridley; Fridley Park; Hamilton's Addition to Mechanicsville; Hayes River Lots; Hillcrest Addition; Horizon Heights; Irvington Addition to Fridley Park; Lowell Addition to Fridley Park; Lucia Lane Addition; Lund Addition; Meloland Gardens; Moore Lake Addition; Moore Lake Highlands & Additions 1-4; Moore Lake Hills; Moore Lake Park Addition; Moore Lake Park 2nd Addition; Murdix Park; Niemann Addition; Norwood Addition to Fridley Park; Oak Creek Addition; Oak Creek Addition Plat 2; Oak Grove Addition to Fridley Park; Oakhill Addition; Onaway; Osborne Manor; Ostmans 1st Addition; Ostmans 2nd Addition; Parkview Manor; Plymouth; Rearrangement of Blocks 13, 14, 15 Plymouth; Rearrangement of Lots 1,2,3, Blk 1 and Lots 1,2,3, Blk 4 Rice Creek Terrace Plat 2; Rees Addition to Fridley Park; Revised Auditors Subdivisions#10, #23, #77, #103; Rice Creek Terrace Plats 1-4; Riverview Heights; Sandhurst Addition; Second Revised Auditors Subdivision #21; Scherer Addition; Shaffer's Subdivsion #1; Shorewood; Springbrook Park; Spring Lake Park Lakeside; Spring Valley; Subdivsion of Lot 10, Auditors Subdivision#94; Sylvan Hills; Sylvan Hills Plat 2 & 3; Vineland Addition to Fridley Park; and any unplatted lots created, prior to December 29, 1955, as recorded at Anoka County. Any lot combinations or divisions of Parcel Identification Numbers done on the after January 1, 2001 would make the property ineligible for inclusion in this overlay district. 4. USES PERMITTED A. Principal Uses. The following are principal uses in the 0-6 District: One-family dwellings. B. Accessory Uses. (1) Only one (1) accessory building in excess of 240 square feet is allowed per site. One (1)additional accessory building is allowed provided it does not exceed 240 square feet. (2) Any accessory building in excess of the above requirements (square footage or number of buildings)requires a Special Use Permit. (3) All accessory buildings must be permanently attached to a foundation or held in place with approved tie-downs and may not be used for home occupations. (4) All garages whether attached to, tucked under or detached from the main dwelling are considered to be an accessory building. The following are accessory uses in the 0-6 District: (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. Ordinance No. 1149 Page 3 (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 rooms for occupancy to not more than two (2) persons per dwelling unit. C. Existing Uses. Existing one(1) family dwellings that do not conform to the conditions of this Chapter will be allowed to continue as a permitted use. In the event that the main structure is either damaged or destroyed, the existing use will be allowed to rebuild to the setbacks of the existing building or to the allowed setbacks of the district. Alterations and additions will be allowed when they improve the structure,provided they meet the required setbacks as stated in this Chapter. D. Uses Excluded. The following are excluded uses in the 0-6 District: (1) Radio or television antennas exceeding a height of twenty (20) feet above the dwelling roof. (2) Any use not specifically permitted in the preceding paragraphs of this Section. 5. LOT REQUIREMENTS AND SETBACKS A. Lot Area. A lot area of not less than 5,000 square feet is required. B. Lot Width. The width of a lot shall not be less than fifty(50)feet at the required setback. C. Lot Coverage: Not more than thirty-five percent(35%)of the area of a lot shall be covered by buildings. D. Setbacks: (1) Front Yard: A front yard with a depth of not less than twenty-five(25) feet is required. (2) Side Yard: Ordinance No. 1149 Page 4 Two (2) side yards are required, each with a width of not less than ten (10) feet, except as follows: (a) Where a house is built without an attached garage, a minimum side yard requirement shall be ten (10) feet on one side, and thirteen (13) feet on the other side, so that there is access to the rear yard for a detached garage and off-street parking area. (b) Where a house is built with an attached garage, the side yard adjoining the attached garage or accessory building may be reduced to not less than five (5) feet,provided the height of the garage or accessory building on that side is not more than fourteen (14) feet. (3) Corner Lots: (a) The side yard width on a street side of a corner lot shall be not less than seventeen and one-half(17.5) feet. (b) Any attached or unattached accessory building that opens on the side street, shall be at least twenty-five(25) feet from the property line on a side street. (4) Rear Yard: (a) A rear yard with a depth of not less than twenty-five (25) feet permitted for living area,however, setback may be reduced to 15' for an attached garage located in rear of lot. (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. 6. 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. A one-family dwelling unit shall have a minimum first floor area of 768 square feet of living space. 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. Ordinance No. 1149 Page 5 7. PERFORMANCE STANDARDS: A. Parking Requirements. (1) At least two(2)off-street parking stalls shall be provided for each dwelling unit. (2) No parking stall shall be located in any portion of the 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 in writing by adjacent property owners and filed with the City. (3) A garage shall satisfy the off-street parking stall requirement. (4) All driveways and parking stalls shall be surfaced with blacktop, concrete or other hard surface material approved by the City. B. Garage Requirements All lots on which a new home is constructed, as of April 1, 2001, shall have at minimum a single car garage. 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. 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 finished 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 finished ground grade for any structures in order to allow proper drainage and connection to City utilities. Ordinance No. 1149 Page 6 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 other 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) It shall be the owner's responsibility to see that all required landscaping is maintained in an attractive,well kept condition. (5) 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, weather tight and rodent proof 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, 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. Ordinance No. 1149 Page 7 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. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 26th DAY OF MARCH, 2001. l j C4 . ..11,1' SCOTT J. 11 —MA •R ATTES • t/, DEBRA A. SKO EN `i ITY CLERK Public Hearing: March 5, 2001 First Reading: March 5, 2001 Second Reading: March 26, 2001 Publication: April 5, 2001